Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Greenland

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 7(2) and 8(3) of the Convention. Compensatory rest. In its previous comment relating to section 45 of the Greenland Working Environment Act No. 1048 of 26 October 2005, the Committee indicated that the Convention requires compensatory rest to be granted in all cases of exemptions from the normal weekly rest scheme, whether permanent or temporary, and irrespective of any other form of compensation (for instance, monetary compensation). In the latest report, the Government indicates that the exemption clause concerning the weekly rest day in commerce and offices (which provides for other appropriate protection when exceptional circumstances make it impossible to provide compensatory rest) has not been applied and the National Working Environment Authority has not granted any dispensations to this effect. In this connection, the Committee notes the comments of the Teachers Trade Union of Greenland (IMAK) according to which the fact that no use of the exemption has so far been made does not address the issue of bringing the relevant provision of the Working Environment Act into line with the Convention. The IMAK considers that nothing excludes the possibility of applying the exemption in the future. The IMAK also indicates that it has knowledge of extensive violations of the rules in cases where the compensation is often extra pay rather than 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 Greenland Working Environment Act with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.

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

Article 7, paragraph 1, and Article 8, paragraph 1, of the Convention. Permanent and temporary exemptions. The Committee notes that, under section 19 of the Rest Periods and Days Off in Greenland Order No. 32 of 23 January 2006 (hereinafter Rest Order), an employer concerned and an employees’ organization may come to an agreement that the weekly 24-hour rest day can be rearranged provided that there is no more than 12 days and nights between two rest days. It also notes that section 22 of the Rest Order provides that an employer and his/her employees may come to an agreement on rearranging the weekly day off by appointing a work schedule or by appointing a concrete task, provided that there are no more than seven days and nights between two rest days. In this connection, the Committee wishes to recall that the Convention allows for permanent and temporary exemptions from the regular weekly rest scheme only on limited and well-defined grounds. With respect to permanent exemptions, Article 7(1) provides that special weekly rest schemes may be adopted for specified categories of persons or specified types of establishments where the nature of the work, the nature of the service performed, the size of the population to be served, or the number of persons employed is such that the regular scheme cannot be applied. As regards temporary exemptions, Article 8(1) of the Convention permits such exemptions to be granted in case of accident, force majeure or urgent work; abnormal pressure of work due to special circumstances; and in order to prevent the loss of perishable goods. Noting that sections 19 and 22 of the Rest Order do not appear to limit authorized exemptions to the specific circumstances prescribed by these Articles of the Convention, the Committee requests the Government to further explain how the Convention is given effect in this regard.

Article 7, paragraph 2, and Article 8, paragraph 3. Compensatory rest. The Committee notes that section 45 of the Greenland Working Environment Act No. 1048 of 26 October 2005 provides that, in situations where there are variations to the weekly rest rules, and exceptional circumstances make it impossible to provide compensatory rest, other appropriate protection must be provided. The Committee wishes to observe that this provision is inconsistent with Articles 7(2) and 8(3) of the Convention, which require that compensatory rest be granted in all cases of exemptions, whether permanent or temporary, and irrespective of any other form of compensation (for instance, monetary compensation). The Committee therefore requests the Government to provide additional explanations on the types of protection which may be provided in lieu of compensatory rest, and also to take the necessary measures in order to bring this provision of the Working Environment Act into full conformity with the Convention.

Part V of the report form. Application in practice. The Committee notes that the information provided by the Government concerning the structure of the labour inspection system and the number of workers covered by the Convention. It also notes the Government’s indication that during the reporting period, no violations of the weekly rest rules have been reported. It would appreciate if the Government would continue providing up to date information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, copies of any collective agreements containing provisions on special weekly rest schemes, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It requests it to provide additional information on the following matters.

Articles 7, paragraph 2, and 8, paragraph 3, of the Convention. Further to its previous comments on the practice of concluding agreements providing for the possibility of obtaining monetary compensation instead of compensatory rest, the Committee notes with interest that according to section 45 of the new consolidated Working Environment Act, which will enter into force as of 1 January 2006, any deviation from the rules concerning rest time must be compensated by proportional rest period or day off, and may never imply more than 12 days and nights between two rest days. The Committee requests the Government to transmit the text of the new Working Environment Act and of the revised executive order on rest periods and days off, which is also scheduled to take effect on 1 January 2006. In addition, the Committee requests the Government to indicate in future reports whether any permanent or temporary exceptions regarding weekly rest have been granted by the National Working Environment Authority and, if so, to specify whether the responsible associations of employers and workers have been duly consulted, as required under these Articles of the Convention.

Article 10 and Parts III and V of the report form. Recalling the Government’s statement in earlier reports that due to the limited number of inspection staff, it is difficult to ensure the effective control of weekly rest legislation, the Committee requests the Government to provide up-to-date information on the organization and functioning of inspection services in matters related to the Convention. It also requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers covered by the relevant legislation, and any difficulties encountered in implementing the measures and conditions prescribed by the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 7 and 8 of the Convention. The Committee notes from the information provided that the Home Rule Government and the Minister of Finance on the one side and the employers’ organization concerned on the other side conclude agreements on compensatory rest which include the possibility of monetary compensation in cases where compensatory rest cannot be taken within a certain period. It further notes that in practice the employer and the employee conclude agreements to this effect. The Committee observes that, under Article 7, paragraph 2, of the Convention, workers subject to special weekly rest schemes must be entitled to a rest of at least 24 hours for every period of seven days. It further recalls that, under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. It accordingly hopes that the Government will take the necessary measures to bring this practice into conformity with the Convention in this respect. In this context, it also asks the Government to indicate in which manner the consultation of both social partner organizations is ensured, as required by Articles 7, paragraph 4, and 8, paragraph 2, of the Convention as well as by section 43(3) of the Act of 4 June 1986 on the working environment in Greenland.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government’s report and the information contained in its reply to previous comments.

Articles 7 and 8 of the Convention. The Committee notes from the information provided that the Home Rule Government and the Minister of Finance on the one side and the employers’ organization concerned on the other side conclude agreements on compensatory rest which include the possibility of monetary compensation in cases where compensatory rest cannot be taken within a certain period. It further notes that in practice the employer and the employee conclude agreements to this effect. The Committee observes that, under Article 7, paragraph 2, of the Convention, workers subject to special weekly rest schemes must be entitled to a rest of at least 24 hours for every period of seven days. It further recalls that, under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. It accordingly hopes that the Government will take the necessary measures to bring this practice into conformity with the Convention in this respect. In this context, it also asks the Government to indicate in which manner the consultation of both social partner organizations is ensured, as required by Articles 7, paragraph 4, and 8, paragraph 2, of the Convention as well as by section 43(3) of the Act of 4 June 1986 on the working environment in Greenland.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report and the information contained in its reply to previous comments.

Articles 7 and 8 of the Convention. The Committee notes from the information provided that the Home Rule Government and the Minister of Finance on the one side and the employers’ organization concerned on the other side conclude agreements on compensatory rest which include the possibility of monetary compensation in cases where compensatory rest cannot be taken within a certain period. It further notes that in practice the employer and the employee conclude agreements to this effect. The Committee observes that, under Article 7, paragraph 2, of the Convention, workers subject to special weekly rest schemes must be entitled to a rest of at least 24 hours for every period of seven days. It further recalls that, under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. It accordingly hopes that the Government will take the necessary measures to bring this practice into conformity with the Convention in this respect. In this context, it also asks the Government to indicate in which manner the consultation of both social partner organizations is ensured, as required by Articles 7, paragraph 4, and 8, paragraph 2, of the Convention as well as by section 43(3) of the Act of 4 June 1986 on the working environment in Greenland.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee trusts that the Government will not fail to provide information on the following points in its next report so that the Committee can make a better assessment of the effect given to the provisions of the Convention.

Articles 7 and 8 of the Convention. The Committee notes that sections 42, 43 and 44 of the Act of 4 June 1986 on the working environment in Greenland provides for the possibility of derogations from the provisions of section 41, which requires the granting to the worker of a day of rest in the course of each period of seven days. It requests the Government to indicate the measures which have been taken to ensure that persons covered by special weekly rest schemes or temporary derogations are granted the minimum weekly rest period prescribed by Article 7, paragraph 2, or the compensatory rest envisaged in Article 8, paragraph 3.

Parts III and V of the report form. With reference to its previous comments, in which it noted the Government’s statement that it is difficult to ensure effective supervision of the observance of the law respecting weekly rest periods in view of the limited number of inspection staff, the Committee requests the Government to give, in so far as possible, a general appreciation of the manner in which the Convention is applied in practice, including information on the organization and operation of the inspection services and extracts from their reports, information on the number of workers covered by the legislation that is in force and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the Government’s latest report on the application of the Convention. It trusts that it will not fail to provide information on the following points in its next report so that the Committee can make a better assessment of the effect given to the provisions of the Convention.

Articles 7 and 8 of the Convention.  The Committee notes that sections 42, 43 and 44 of the Act of 4 June 1986 on the working environment in Greenland provides for the possibility of derogations from the provisions of section 41, which requires the granting to the worker of a day of rest in the course of each period of seven days. It requests the Government to indicate the measures which have been taken to ensure that persons covered by special weekly rest schemes or temporary derogations are granted the minimum weekly rest period prescribed by Article 7, paragraph 2, or the compensatory rest envisaged in Article 8, paragraph 3.

Parts III and V of the report form.  With reference to its previous comments, in which it noted the Government’s statement that it is difficult to ensure effective supervision of the observance of the law respecting weekly rest periods in view of the limited number of inspection staff, the Committee requests the Government to give, in so far as possible, a general appreciation of the manner in which the Convention is applied in practice, including information on the organization and operation of the inspection services and extracts from their reports, information on the number of workers covered by the legislation that is in force and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's latest report on the application of the Convention. It trusts that it will not fail to provide information on the following points in its next report so that the Committee can make a better assessment of the effect given to the provisions of the Convention.

Articles 7 and 8 of the Convention. The Committee notes that sections 42, 43 and 44 of the Act of 4 June 1986 on the working environment in Greenland provides for the possibility of derogations from the provisions of section 41, which requires the granting to the worker of a day of rest in the course of each period of seven days. It requests the Government to indicate the measures which have been taken to ensure that persons covered by special weekly rest schemes or temporary derogations are granted the minimum weekly rest period prescribed by Article 7, paragraph 2, or the compensatory rest envisaged in Article 8, paragraph 3.

Points III and V of the report form. With reference to its previous comments, in which it noted the Government's statement that it is difficult to ensure effective supervision of the observance of the law respecting weekly rest periods in view of the limited number of inspection staff, the Committee requests the Government to give, in so far as possible, a general appreciation of the manner in which the Convention is applied in practice, including information on the organization and operation of the inspection services and extracts from their reports, information on the number of workers covered by the legislation that is in force and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 7(2) and Article 8 of the Convention. The Committee notes that sections 53(3) and (4), 54, 55 and 56 of the Working Environment Act allow certain exceptions to the guarantee of a weekly rest of 24 hours in section 53(1). Please describe the practical application of these provisions in future reports, having regard to the requirement that where temporary exemptions to weekly rest provisions are granted equivalent compensatory rest should be allowed.

Article 10. The Committee notes the indication that due to the limited number of inspection staff it is difficult to ensure effective control of weekly rest legislation. Please include in future reports available information on the organisation and working of inspection (see Part III of the report form).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 7(2) and Article 8 of the Convention. The Committee notes that sections 53(3) and (4), 54, 55 and 56 of the Working Environment Act allow certain exceptions to the guarantee of a weekly rest of 24 hours in section 53(1). Please describe the practical application of these provisions in future reports, having regard to the requirement that where temporary exemptions to weekly rest provisions are granted equivalent compensatory rest should be allowed.

Article 10. The Committee notes the indication that due to the limited number of inspection staff it is difficult to ensure effective control of weekly rest legislation. Please include in future reports available information on the organisation and working of inspection (see Part III of the Report Form).