Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Cyprus (Ratification: 1966)

Articles 7 and 8 of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee recalls its previous comment in which it drew the Government’s attention to section 16(2) of the Organisation of Working Time Act which provides that, in case of deviations from the regular weekly rest scheme, compensatory rest may, under certain circumstances, be replaced by other suitable protection. In its latest report, the Government indicates that this point has already been clarified by European case law (Jaeger case C-151/02 of 9 September 2003), according to which a reduction in the daily rest period of 11 consecutive hours by any working time performed in addition to the normal working time is subject to the condition that equivalent compensating rest periods be accorded to the workers concerned at times immediately following the corresponding periods worked. While noting the Government’s explanations, the Committee observes that the judgment of the European Court of Justice to which reference is made relates to the interpretation of the Council Directive 93/104/EC of 1993 in connection with on-call service, but does not pronounce on the possibility afforded by the directive to offer some other form of appropriate protection, instead of compensatory rest, in exceptional cases in which it is not possible for objective reasons to grant such equivalent periods of compensatory rest. In any event, the Committee recalls that under Articles 7(2) and 8(3) of the Convention, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the Organisation of Working Time Act with a view to ensuring that compensatory rest is granted, without exception, whenever deviations from the ordinary weekly rest scheme are authorized.