Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Afghanistan (Ratification: 1963)

Article 7 of the Convention. Special weekly rest schemes. The Committee notes with interest that a new Labour Code has been adopted and entered into force on 21 April 2008. It notes that articles 44(1) and 45(1) of the Labour Code establish the same special schemes of weekly rest as the draft Code submitted to the Office in April 2007. Further to its previous comment, the Committee recalls that, under the terms of Article 7 of the Convention, the application of these special schemes shall have regard to social considerations, and not exclusively economic considerations, and shall be the subject of prior consultation with the employers’ and workers’ organizations concerned. The Committee further notes that articles 44(2) and 45(2) of the Labour Code do not establish the obligation to grant workers covered by special schemes compensatory rest of a total of 24 hours for each period of seven days, as explicitly required by Article 7, paragraph 2, of the Convention. The Committee wishes to recall that compensatory rest is justified by the need to protect the health and well-being of workers. It is therefore of a compulsory nature and cannot be replaced by compensation. The Committee once again requests the Government to provide information on the manner in which the relevant social and economic considerations were taken into account in the formulation of articles 44(1) and 45(1) of the new Labour Code, and on the consultation process organized for this purpose with the social partners. Furthermore, it requests the Government to indicate the measures adopted or envisaged to bring articles 44(2) and 45(2) of the Labour Code into full conformity with Article 7, paragraph 2, of the Convention.

Article 8. Temporary exemptions. The Committee notes that article 44(1) of the Labour Code allows the same temporary exemptions from weekly rest as the draft Labour Code and that it refers, among others, to the case of the loading and unloading of merchandise. In its previous comment, the Committee recalled that, under the terms of Article 8 of the Convention, the mere loading and unloading of merchandise does not appear to be a valid reason for establishing a temporary exemption, as it cannot be qualified as “abnormal pressure of work due to special circumstances” preventing the employer from resorting to other measures. The Committee also emphasized that the introduction of these exemptions should be the subject of prior consultation with the organizations of employers and workers concerned. Furthermore, the Committee notes that, in cases where work is performed on the weekly rest day under these exemptions, article 44(2) of the Labour Code establishes the obligation to pay, in addition to the normal overtime wage, 50 per cent of the wage as an incentive, without necessarily granting compensatory rest. The Committee wishes to emphasize that, under the terms of Article 8, paragraph 3, of the Convention, the application of temporary exemptions does not deny the worker from being granted compensatory rest of a total duration of at least 24 hours. It emphasizes once again that compensatory rest is justified by the need to protect the health and well-being of workers and that consequently financial compensation may be paid in addition to, but not in place of, the required compensatory rest. The Committee requests the Government to re-examine the cases of authorized temporary exemptions so as to ensure that they do not exceed the strict conditions enumerated in Article 8, paragraph 1, of the Convention. It also requests the Government to take the necessary measures to ensure that compensatory rest is granted to workers covered by temporary exemptions, in accordance with Article 8, paragraph 3, of the Convention.