Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Djibouti (Ratification: 1978)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Compensatory rest. With reference to its previous comment, the Committee notes the Government’s indication in its last report that a draft order was to be drafted and submitted in April 2014 to the National Council for Labour, Employment and Social Security (CONTESS) for adoption. This order is provided for under section 97 of the Labour Code of 2006 with a view to giving full effect to Articles 7 and 8 of the Convention. The Committee therefore wishes to recall that the Convention allows permanent or temporary exemptions only in the circumstances specifically defined and asks that workers to whom such exemptions apply be granted compensatory rest of a total duration at least equivalent to the weekly rest period of 24 hours. The Committee requests the Government to provide information on any development with regard to the above-mentioned draft order.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Compensatory rest. With reference to its previous comment, the Committee notes the Government’s indication in its last report that a draft order was to be drafted and submitted in April 2014 to the National Council for Labour, Employment and Social Security (CONTESS) for adoption. This order is provided for under section 97 of the Labour Code of 2006 with a view to giving full effect to Articles 7 and 8 of the Convention. The Committee therefore wishes to recall that the Convention allows permanent or temporary exemptions only in the circumstances specifically defined and asks that workers to whom such exemptions apply be granted compensatory rest of a total duration at least equivalent to the weekly rest period of 24 hours.The Committee requests the Government to provide information on any development with regard to the abovementioned draft order.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Compensatory rest. With reference to its previous comment, the Committee notes the Government’s indication in its last report that a draft order was to be drafted and submitted in April 2014 to the National Council for Labour, Employment and Social Security (CONTESS) for adoption. This order is provided for under section 97 of the Labour Code of 2006 with a view to giving full effect to Articles 7 and 8 of the Convention. The Committee therefore wishes to recall that the Convention allows permanent or temporary exemptions only in the circumstances specifically defined and asks that workers to whom such exemptions apply be granted compensatory rest of a total duration at least equivalent to the weekly rest period of 24 hours. The Committee requests the Government to provide information on any development with regard to the abovementioned draft order.

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

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:

Repetition

Articles 7 and 8 of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee recalls that it has been making comments since 1983 on the application of Article 8(3) of the Convention, particularly with regard to section 11 of Order No. 1545 of 23 December 1953 which appears to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. The Committee notes that, despite the adoption of the Labour Code (Act No. 133/AN/05/5eL of 28 January 2006), no provision specifically provides for the granting of compensatory rest of a minimum duration of 24 consecutive hours in the event that temporary, total or partial exemptions are authorized from the period of weekly rest: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. However, the Committee notes that section 97 of the Labour Code provides for the adoption of an order upon the proposal of the minister responsible for labour, after seeking the opinion of the National Labour, Employment and Vocational Training Council (CNTEFP), in order to determine the arrangements governing weekly rest for certain occupations and the conditions for granting such rest on a day other than Friday, or by individual or collective rotation, for two half-days or for a period longer than 24 hours. Furthermore, it appears from the information provided by the Government in its last report on the Weekly Rest (Industry) Convention, 1921 (No. 14), that issues relating to the suspension of weekly rest or compensatory rest lie within the competence of the CNTEFP. The Committee hopes that the Government will take into account the comments that it has been making for many years concerning the need to give full effect to Article 8(3) of the Convention and requests it to indicate whether the order envisaged in section 97 of the Labour Code has been issued. If so, it requests the Government to provide a copy, as well as any other information relating to the work of the CNTEFP concerning the regulation of the weekly rest period.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Articles 7 and 8 of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee recalls that it has been making comments since 1983 on the application of Article 8(3) of the Convention, particularly with regard to section 11 of Order No. 1545 of 23 December 1953 which appears to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. The Committee notes that, despite the adoption of the new Labour Code (Act No. 133/AN/05/5eL of 28 January 2006), no provision specifically provides for the granting of compensatory rest of a minimum duration of 24 consecutive hours in the event that temporary, total or partial exemptions are authorized from the period of weekly rest: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. However, the Committee notes that section 97 of the Labour Code provides for the adoption of an order upon the proposal of the minister responsible for labour, after seeking the opinion of the National Labour, Employment and Vocational Training Council (CNTEFP), in order to determine the arrangements governing weekly rest for certain occupations and the conditions for granting such rest on a day other than Friday, or by individual or collective rotation, for two half-days or for a period longer than 24 hours. Furthermore, it appears from the information provided by the Government in its last report on the Weekly Rest (Industry) Convention, 1921 (No. 14), that issues relating to the suspension of weekly rest or compensatory rest lie within the competence of the CNTEFP. The Committee hopes that the Government will take into account the comments that it has been making for many years concerning the need to give full effect to Article 8(3) of the Convention and requests it to indicate whether the order envisaged in section 97 of the Labour Code has been issued. If so, it requests the Government to provide a copy, as well as any other information relating to the work of the CNTEFP concerning the regulation of the weekly rest period.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, such as extracts from the reports of the inspection services, information on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Articles 7 and 8 of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee recalls that it has been making comments since 1983 on the application of Article 8(3) of the Convention, particularly with regard to section 11 of Order No. 1545 of 23 December 1953 which appears to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. The Committee notes with regret that, despite the adoption of the new Labour Code (Act No. 133/AN/05/5eL of 28 January 2006), no provision specifically provides for the granting of compensatory rest of a minimum duration of 24 consecutive hours in the event that temporary, total or partial exemptions are authorized from the period of weekly rest: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. However, the Committee notes that section 97 of the Labour Code provides for the adoption of an order upon the proposal of the minister responsible for labour, after seeking the opinion of the National Labour, Employment and Vocational Training Council (CNTEFP), in order to determine the arrangements governing weekly rest for certain occupations and the conditions for granting such rest on a day other than Friday, or by individual or collective rotation, for two half days or for a period longer than 24 hours. Furthermore, it appears from the information provided by the Government in its last report on the Weekly Rest (Industry) Convention, 1921 (No. 14), that issues relating to the suspension of weekly rest or compensatory rest lie within the competence of the CNTEFP. The Committee hopes that the Government will take into account the comments that it has been making for many years concerning the need to give full effect to Article 8(3) of the Convention and requests it to indicate whether the order envisaged in section 97 of the Labour Code has been issued. If so, it requests the Government to provide a copy, as well as any other information relating to the work of the CNTEFP concerning the regulation of the weekly rest period.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, such as extracts from the reports of the inspection services, information on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the penalties imposed.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Compensatory rest. The Committee recalls that it has been making comments since 1983 on the application of Article 8(3) of the Convention, particularly with regard to section 11 of Order No. 1545 of 23 December 1953 which appears to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. The Committee notes with regret that, despite the adoption of the new Labour Code (Act No. 133/AN/05/5^eL of 28 January 2006), no provision specifically provides for the granting of compensatory rest of a minimum duration of 24 consecutive hours in the event that temporary, total or partial exemptions are authorized from the period of weekly rest: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. However, the Committee notes that section 97 of the Labour Code provides for the adoption of an order upon the proposal of the minister responsible for labour, after seeking the opinion of the National Labour, Employment and Vocational Training Council (CNTEFP), in order to determine the arrangements governing weekly rest for certain occupations and the conditions for granting such rest on a day other than Friday, or by individual or collective rotation, for two half days or for a period longer than 24 hours. Furthermore, it appears from the information provided by the Government in its last report on the Weekly Rest (Industry) Convention, 1921 (No. 14), that issues relating to the suspension of weekly rest or compensatory rest lie within the competence of the CNTEFP. The Committee hopes that the Government will take into account the comments that it has been making for many years concerning the need to give full effect to Article 8(3) of the Convention and requests it to indicate whether the order envisaged in section 97 of the Labour Code has been issued. If so, it requests the Government to provide a copy, as well as any other information relating to the work of the CNTEFP concerning the regulation of the weekly rest period.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, such as extracts from the reports of the inspection services, information on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the penalties imposed.

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

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 notes with regret that the Government limited itself to reproducing information already contained in its previous report. The Government indicated, in its last report, once again, that section 11 of Order 1545 was no longer applied in practice and would be repealed on the occasion of the next revision of the labour law to bring the national legislation in conformity with the provisions of Article 8, paragraph 3, of the Convention. The Government also stated that this review would be undertaken as soon as the tripartite consultations had been organized. In order to maintain a constructive dialogue with the ILO supervisory bodies, the Government is requested, without delay, to take all the measures necessary to bring national law into conformity with the Convention and to inform the Office of any progress made in this regard. Finally, the Committee recalls that the Government can avail itself of the technical assistance of the Office, if need be.

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

The Committee notes with regret that the Government limits itself to reproducing information already contained in its previous report. The Government indicates, once again, that section 11 of Order 1545 is no longer applied in practice and shall be repealed on the occasion of the next revision of the labour law to bring the national legislation in conformity with the provisions of Article 8, paragraph 3, of the Convention. The Government also states that this review will be undertaken as soon as the tripartite consultations have been organized. In order to maintain a constructive dialogue with the ILO supervisory bodies, the Government is requested, without delay, to take all the measures necessary to bring national law into conformity with the Convention and to inform the Committee of any progress made in this regard. Finally, the Committee reminds the Government that it can avail itself of the technical assistance of the Office, if need be.

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:

Article 8, paragraph 3, of the Convention. This Article provides that, where temporary exemptions are made in accordance with the provisions of this Article, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the period provided for under Article 6. The Committee notes the Government’s indication that section 11 of Order 1545 is no longer applied in practice and shall be repealed on the occasion of the next revision of the labour law. It notes with interest that the Government hopes to undertake the revision with ILO’s assistance as soon as tripartite consultations could be organized. It trusts that the Government will take the necessary steps to bring the national legislation in conformity with the Convention in the near future and requests to report on any action undertaken and progress achieved in this regard.

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 notes the Government’s report.

Article 8, paragraph 3, of the Convention. This Article provides that, where temporary exemptions are made in accordance with the provisions of this Article, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the period provided for under Article 6. The Committee notes the Government’s indication that section 11 of Order 1545 is no longer applied in practice and shall be repealed on the occasion of the next revision of the labour law. It notes with interest that the Government hopes to undertake the revision with ILO’s assistance as soon as tripartite consultations could be organized. It trusts that the Government will take the necessary steps to bring the national legislation in conformity with the Convention in the near future and requests to report on any action undertaken and progress achieved in this regard.

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

The Committee notes the Government’s report.

Article 8, paragraph 3, of the Convention. This Article provides that, where temporary exemptions are made in accordance with the provisions of this Article, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the period provided for under Article 6. The Committee notes the Government’s indication that section 11 of Order 1545 is no longer applied in practice and shall be repealed on the occasion of the next revision of the labour law. It notes with interest that the Government hopes to undertake the revision with ILO’s assistance as soon as tripartite consultations could be organized. It trusts that the Government will take the necessary steps to bring the national legislation in conformity with the Convention in the near future and requests to report on any action undertaken and progress achieved in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes once again 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 direct request of 1993, which read as follows:

Article 8, paragraph 3, of the Convention. In comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

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

The Committee notes with regret that, for the fifth year in succession, 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 8, paragraph 3, of the Convention. In comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

Article 8, paragraph 3, of the Convention. In comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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:

Article 8, paragraph 3, of the Convention. In comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

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:

The Committee notes that the Government's report does not reply to its previous comments. It trusts that the Government's next report will contain information on the following point.

Article 8, paragraph 3, of the Convention. In the comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 notes that the Government's report does not reply to its previous comments. It trusts that the Government's next report will contain information on the following point.

Article 8, paragraph 3, of the Convention. In the comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report does not reply to its previous comments. It trusts that the Government's next report will contain information on the following point.

Article 8, paragraph 3, of the Convention. In the comments it has been making since 1983, the Committee has drawn the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It noted, in particular, that section 11 provided compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 8, paragraph 3, of the Convention. The Committee notes the information supplied in the Government's latest report. In its previous comments, the Committee drew the Government's attention to section 11 of Order No. 1545 of 23 December 1953 which appeared to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. It notes, in particular, that section 11 provides compensatory rest for workers in a second enterprise involved in the repair work necessary for the first enterprise and for workers in the first enterprise who are normally engaged in maintenance or repair work. The Committee requests the Government to indicate whether persons employed in the establishments set forth in Article 2 of the Convention are, in practice, subject to the exception to weekly rest provided for under section 11 of Order No. 1545 and, if so, to indicate the manner in which compensatory rest is ensured for these persons.

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

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 8, paragraph 3, of the Convention. In its previous direct request, the Committee drew the Government's attention to the fact that section 11 of Order No. 1545 of 23 December 1953 authorises, in a number of cases, the suspension of weekly rest without providing for compensatory rest as required by this provision of the Convention. The Committee notes with interest the Government's reply to the effect that it will examine the possibility of amending the text in question in order to bring it into conformity with the Convention. The Committee expresses the hope that the necessary measures will be taken in the near future.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 8, paragraph 3, of the Convention. In its previous direct request, the Committee drew the Government's attention to the fact that section 11 of Order No. 1545 of 23 December 1953 authorises, in a number of cases, the suspension of weekly rest without providing for compensatory rest as required by this provision of the Convention. The Committee notes with interest the Government's reply to the effect that it will examine the possibility of amending the text in question in order to bring it into conformity with the Convention. The Committee expresses the hope that the necessary measures will be taken in the near future.