Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Jordan (Ratification: 1979)

Articles 6 and 7 of the Convention. Accumulation of weekly rest –  Special weekly rest schemes. The Committee has been commenting for many years on section 60(2) of the Labour Code of 1996 which permits the accumulation of weekly rest days for a period of up to one month. While fully understanding the intention to provide workers employed at distant or isolated sites with an opportunity to be with their families less often but for longer periods, as explained by the Government in earlier reports, the Committee has drawn attention to the fact that, as it currently reads, the Labour Code does not limit the accumulation or deferral of weekly rest only to workers employed in distant or isolated regions and is therefore possibly open to abuse. The Committee has further drawn attention to Article 7 of the Convention which precisely offers the possibility under certain well-circumscribed conditions of establishing special weekly rest schemes where the nature of the work, the size of the population to be served or the number of persons employed is such that the normal weekly rest scheme cannot be applied. The Committee notes with regret that in its last report the Government gives no indication of any progress made in this regard and confines itself to reiterating that the national legislation is in conformity with the requirements of the Convention. The Committee is therefore obliged once again to ask the Government to take all necessary action in order to amend section 60(2) of the Labour Code, with a view to specifying the conditions under which, and the limits within which, the accumulation or postponing of weekly rest days may be authorized, and possibly limiting to three weeks the period over which workers covered by such special weekly rest scheme may accumulate weekly rest days, as indicated in Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103).

Articles 7, paragraph 2, and 8, paragraph 3. Permanent and temporary exemptions – compensatory rest. The Committee has been drawing the Government’s attention to section 59(2) of the Labour Code which is not in conformity with the Convention since it provides for cash compensation and not compensatory rest as prescribed by Articles 7(2) and 8(3) of the Convention. The Committee recalls once more that the Convention requires compensatory rest of a total duration at least equivalent to 24 hours in all cases where a worker performs work on the day of weekly rest, irrespective of any higher remuneration paid on this occasion and even if the work has been carried out with the worker’s consent. The Committee therefore asks the Government to take without further delay all appropriate steps in order to bring section 59(2) of the Labour Code into conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.