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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Lesotho (Ratification: 1966)

Article 4 of the Convention. Total or partial exceptions. Recalling its previous comment concerning the exemptions to the normal weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd, the Committee notes the Government’s indication that the employers of the Diamond Mines have applied for the weekly rest scheme to consist of 12 hours of work for three weeks followed by seven continuous days of rest. The Committee notes, however, that this three-week work period would constitute a significant increase from the six day work period that had previously been agreed upon and contradicts the provisions of section 4(3) and (4) of the Labour Code (Letseng Diamonds Exemption on Hours of Work) Regulations 2005, which stipulates that employees are only allowed to work for up to a maximum of 14 days continuously before their weekly rest period. The Government indicates that the employers and workers have not reached an agreement on this matter, however, and accordingly no mine operates a 12-hour shift legally. Recalling that any total or partial exemptions from the weekly rest scheme should be authorized only following consultations with the representatives of workers and employers, and due account being taken of all proper social and economic considerations, the Committee requests the Government to keep the Office informed of the progress made to reach agreement on the weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd through consultations and to transmit a copy of any agreed exemptions once they are available.

Article 5. Compensatory rest. The Committee notes the Government’s statement that, while employers have the option of compensating workers for working on their day of weekly rest at double the daily rate, in practice, employers prefer to compensate by granting an extra rest day. In this regard, the Committee recalls that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee also recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), that the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of this Article of the Convention.