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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Pakistan (Ratification: 1960)

Articles 2 and 3 of the Convention. Scope of application. The Committee notes the Government’s indication that the weekly rest of public employees is regulated through Government order issued by the Establishment Division. It requests the Government to provide a copy of the Government Order currently in force concerning the period of weekly rest applicable to public employees.

The Committee also notes the Government’s reference to the Newspaper Employees (Conditions of Service) Act, 1973, as regulating the conditions of employment of employees of newspaper establishments. It observes, however, that this Act does not contain any specific provision on the weekly rest entitlement of newspapers employees. It therefore requests the Government to indicate how the Convention is given effect with respect to this category of workers.

Articles 7 and 8. Permanent and temporary exemptions. The Committee notes that under section 5(2) of the Shops and Establishments Ordinance, 1969, numerous commercial establishments are excluded from the application of the provisions on weekly rest (in particular, hotels; shops dealing mainly in vegetables, meat, fish and dairy products; shops dealing mainly in medical supplies; shops dealing mainly in tobacco, cigarettes, refreshments and newspapers; gas stations; barbers’ and hairdressers’ shops; cinemas and theatres). The Committee asks the Government to specify the legal provisions guaranteeing not less than 24 consecutive hours of weekly rest to all persons working in the commercial enterprises currently excluded from the scope of the Ordinance, or describe any special weekly rest scheme which may be applicable to them.

Moreover, the Committee notes that section 8 of the Shops and Establishments Ordinance permits overtime in excess of normal working hour limits in case of stock-taking, making up of accounts, settlement or such other business operation. To the extent that workers’ weekly rest might be affected by those authorized cases of overtime, the Committee requests the Government to indicate how it is ensured that the workers concerned are granted a compensatory rest of a total duration of at least 24 hours, as required under Article 8(3) of the Convention.

Part V of the report form. The Committee reiterates its request for up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the legislation on weekly rest observed and sanctions imposed, copies of applicable collective agreements containing clauses on weekly rest, etc.