Hours of Work (Industry) Convention, 1919 (No. 1) - Comoros (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

Article 6 of the Convention. Increase in wages. The Committee takes note of the Government’s report. It notes in particular, with interest, the adoption of the Act of 28 June 2012, promulgated on 6 September 2012, issuing the Labour Code. The Committee notes that section 121(4) states that workers shall be entitled to a wage increase for hours worked outside normal working hours. This increase will be established by an Order of the Minister of Labour, pursuant to an opinion issued by the Labour and Employment Advisory Board (CCTE). The Committee recalls that the Convention provides for a minimum increase of 25 per cent for this overtime. The Committee requests the Government to provide the Order on the wage increase for overtime, as soon as it has been adopted.

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

Article 6 of the Convention. Increase in wages. The Committee takes note of the Government’s report. It notes in particular, with interest, the adoption of the Act of 28 June 2012, promulgated on 6 September 2012, issuing the Labour Code. The Committee notes that section 121(4) states that workers shall be entitled to a wage increase for hours worked outside normal working hours. This increase will be established by an Order of the Minister of Labour, pursuant to an opinion issued by the Labour and Employment Advisory Board (CCTE). The Committee recalls that the Convention provides for a minimum increase of 25 per cent for this overtime.The Committee requests the Government to provide the Order on the wage increase for overtime, as soon as it has been adopted.

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

Article 6 of the Convention. Increase in wages. The Committee takes note of the Government’s report. It notes in particular, with interest, the adoption of the Act of 28 June 2012, promulgated on 6 September 2012, issuing the Labour Code. The Committee notes that section 121(4) states that workers shall be entitled to a wage increase for hours worked outside normal working hours. This increase will be established by an Order of the Minister of Labour, pursuant to an opinion issued by the Labour and Employment Advisory Board (CCTE). The Committee recalls that the Convention provides for a minimum increase of 25 per cent for this overtime. The Committee requests the Government to provide the Order on the wage increase for overtime, as soon as it has been adopted.

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

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

Article 8(1)(b) of the Convention. Posting of notices indicating rest intervals. The Committee recalls its previous comment in which it observed that, although section 4 of Order No. 01/386/MTET provides for the posting of work schedules in a legible and conspicuous manner at the workplace, it does not however refer to the rest intervals accorded during working hours. The Committee notes the Government’s indication that section 131(2) of the draft revised text of the Labour Code addresses the rest intervals accorded to workers during their working hours. The Government adds in its report that it undertakes to submit to the Advisory Labour and Employment Council at its next session a draft order explicitly requiring the posting of notices indicating the rest intervals accorded to workers, in accordance with this Article of the Convention. The Committee recalls in this regard that, in accordance with Article 8(1)(b) of the Convention, employers shall notify by means of the posting of notices only such rest intervals as are not reckoned as part of the working hours, that is the periods during which the employed person is not at the disposal of the employer. As the Committee explained in paragraph 47 of its 2005 General Survey on hours of work, there is a need to differentiate between “hours of work” and “hours of rest”, based on a determination of whether, during rest periods, workers have either a duty to perform work assigned by the employer, or alternatively to be at the employer’s disposal until such work is required or assigned. If the answer to either question is yes, such periods should be considered as “hours of work”. In contrast, if the workers are not “at the disposal of the employer” during such rest periods, such periods do not have to be included in hours of work. The Committee requests the Government to keep the Office informed of any progress made in this respect and to provide a copy of the new Labour Code and the order when they have been adopted.

Article 8(2) and Part VI of the report form. Enforcement of the provisions of the Convention. In its previous report, the Government indicated that the labour inspection services were encountering problems of organization and operation, as well as the inadequacy of resources, particularly in relation to the number of labour inspectors entrusted with supervising the application of the law. In its latest report, the Government indicates that problems relating to human and material resources still persist in the field of labour inspection, but that it undertakes to reinforce the capacity of labour inspectors and provide their inspection services with the necessary resources to enable them to supervise more effectively the enforcement of labour regulations. The Committee once again recalls that the financial penalties for violations of the provisions respecting hours of work set out in section 235 of the Labour Code are not sufficient in themselves to ensure compliance with the rules respecting hours of work, but that it is also necessary for the inspection services to be allocated adequate personnel, material and financial resources so that they can discharge their functions adequately and in-depth inspections are carried out regularly. The Committee therefore requests the Government to continue providing information, particularly on the application of the Convention in practice, including, for example, extracts from the reports of the inspection services, statistical data on the number of workers covered by the legislation and the number of contraventions reported in relation to hours of work.

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

Article 8(1)(b) of the Convention. Posting of notices indicating rest intervals. The Committee recalls its previous comment in which it observed that, although section 4 of Order No. 01/386/MTET provides for the posting of work schedules in a legible and conspicuous manner at the workplace, it does not however refer to the rest intervals accorded during working hours. The Committee notes the Government’s indication that section 131(2) of the draft revised text of the Labour Code addresses the rest intervals accorded to workers during their working hours. The Government adds in its report that it undertakes to submit to the Advisory Labour and Employment Council at its next session a draft order explicitly requiring the posting of notices indicating the rest intervals accorded to workers, in accordance with this Article of the Convention. The Committee recalls in this regard that, in accordance with Article 8(1)(b) of the Convention, employers shall notify by means of the posting of notices only such rest intervals as are not reckoned as part of the working hours, that is the periods during which the employed person is not at the disposal of the employer. As the Committee explained in paragraph 47 of its 2005 General Survey on hours of work, there is a need to differentiate between “hours of work” and “hours of rest”, based on a determination of whether, during rest periods, workers have either a duty to perform work assigned by the employer, or alternatively to be at the employer’s disposal until such work is required or assigned. If the answer to either question is yes, such periods should be considered as “hours of work”. In contrast, if the workers are not “at the disposal of the employer” during such rest periods, such periods do not have to be included in hours of work. The Committee requests the Government to keep the Office informed of any progress made in this respect and to provide a copy of the new Labour Code and the order when they have been adopted.

Article 8(2) and Part VI of the report form. Enforcement of the provisions of the Convention. In its previous report, the Government indicated that the labour inspection services were encountering problems of organization and operation, as well as the inadequacy of resources, particularly in relation to the number of labour inspectors entrusted with supervising the application of the law. In its latest report, the Government indicates that problems relating to human and material resources still persist in the field of labour inspection, but that it undertakes to reinforce the capacity of labour inspectors and provide their inspection services with the necessary resources to enable them to supervise more effectively the enforcement of labour regulations. The Committee once again recalls that the financial penalties for violations of the provisions respecting hours of work set out in section 235 of the Labour Code are not sufficient in themselves to ensure compliance with the rules respecting hours of work, but that it is also necessary for the inspection services to be allocated adequate personnel, material and financial resources so that they can discharge their functions adequately and in depth inspections are carried out regularly. The Committee therefore requests the Government to continue providing information, particularly on the application of the Convention in practice, including, for example, extracts from the reports of the inspection services, statistical data on the number of workers covered by the legislation and the number of contraventions reported in relation to hours of work.

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

Article 8, paragraph 1(b), of the Convention. Posting of notices indicating rest intervals. The Committee notes the Government’s indication that sections 7 and 8 of Order No. 01-387/MFET give effect to Article 8(1)(b), of the Convention. It emphasizes that this provision of the Convention relates to rest intervals accorded to workers during the period of work, these intervals not being counted in the hours of work performed in the day, and that it does not relate to weekly rest. The Committee therefore requests the Government to provide additional information concerning the requirement for the employer to notify employed persons of the rest intervals accorded during the period of work by means of the posting of notices or in such other manner as may be approved by the Government.

Article 8, paragraph 2, and Part VI of the report form. Enforcement of the provisions of the Convention. Further to its previous comment concerning the Government’s responsibility for the enforcement of the provisions of the Convention, for example through an adequate labour inspection system, the Committee notes the Government’s indication that the labour inspection services are encountering problems of organization and operation, as well as the inadequacy of resources, particularly in relation to the number of labour inspectors entrusted with supervising the application of the law. The Committee wishes to recall that the fact that the legislation is in conformity with the provisions of the Convention is not sufficient in itself, as the Government has to ensure their full implementation in law and practice. The Committee hopes that the Government will soon be in a position to provide information on the progress achieved in this respect, as well as any other information concerning the application of the Convention in practice (for example, extracts from the reports of the inspection services, statistical data on the number of workers covered by the legislation and the number of contraventions reported in relation to hours of work, etc.).

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

The Committee refers to its observation under the same Convention and requests further clarification on the following points.

Article 8, paragraph 1(b), of the Convention. Posting of rest intervals. The Committee notes that section 4 of Ministerial Order No. 01/386/MTET regulates the posting of work schedules at the place of work. The Committee requests clarification from the Government, whether these schedules clearly indicate the rest intervals accorded to the workers in accordance with this provision of the Convention.

Article 8, paragraph 2. Enforcement of provisions. The Government states in its report that employees are responsible for notifying the Government, through the workers’ organizations, to have the Government react and enforce the provisions related to hours of work and the authorization of supplementary hours of work. The Committee recalls that, under this provision of the Convention, violations related to hours of work are offences against the law and the Government is required to implement and enforce the laws. While denunciation by workers’ organizations may be one way of facilitating the enforcement of legislation, the Committee reminds the Government that, to ensure the effective implementation of these laws, it cannot transfer its supervisory authority to the workforce. The Committee further reminds the Government of its obligations under the Labour Inspection Convention, 1947 (No. 81), which Comoros has ratified. It notes that the Government has previously indicated difficulties in ensuring adequate labour inspection. It hopes, however, that the Government will be in a position in its next report to provide information on progress made in this regard.

Parts III, IV and V of the report form. The Committee requests the Government to provide the information required under these points of the report form.

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

The Committee notes with satisfaction the amendments adopted on hours of work contained in Ministerial Order No. 01/386/MTET, drafted on the basis of a meeting between the Government and the representatives of workers and employers, facilitated by the Office. The new Order rectifies problems that had been identified by the Committee in its previous observation.

The Committee is addressing a request concerning certain other points directly to the Government.

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

The Committee notes the Government’s report on the application of the Convention. It also notes the observations made by the Confederation of Autonomous Comoran Workers’ Organizations (USATC) and the Government’s reply.

The USATC indicates that weekly hours of work vary between 42 and 88 and that additional hours are not paid. It adds that no regulations determine the working hours of taxi drivers. In reply, the Government recognizes that difficulties in ensuring adequate labour inspection prevent it from guaranteeing observance of the statutory working week of 40 hours. It also states that it wishes to consult the social partners on the issue of the working hours of taxi drivers. More generally, the Government envisages amending the national legislation, taking into account the Committee’s comments, with a view to bringing it into conformity with the provisions of the ILO Conventions that it has ratified. In this respect, it requests the technical assistance of the ILO.

The Committee hopes that the above difficulties will be overcome and that the Government will be in a position in its next report to provide information on real progress made in implementing national regulations in conformity with the requirements of the Convention. In this respect, it hopes that its previous comments on the following points will be taken into account.

The Committee noted that section 9 of Order No. 54-148/c and section 2 of Order No. 54-90/c authorize extensions of hours of work either by reason of the need to maintain or raise the level of production, or by reason of a shortage of labour. The Committee recalled that Article 6, paragraph 1(b), of the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also noted that, in a number of cases (see in particular sections 6, 7 and 12 of Order No. 54-148/c), the additional hours worked are not paid at an overtime rate of not less than one and one-quarter times the regular rate, as required by Article 6, paragraph 2. Finally, it requested the Government to ensure that employers’ and workers’ organizations are consulted before the adoption of the regulations envisaged in Article 6.

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

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 takes note of the Government's report and of the difficulties concerning the implementation of the draft Labour Code, due to internal administrative changes accompanying the present democratic transition. It hopes that these difficulties will be overcome in the near future and asks the Government to include in its next report full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government reiterates its intention to take account of the Committee's previous comments in the current preparation of the texts to implement the Labour Code. In its comments, the Committee pointed out that section 9 of Order No. 54-148/c and section 2 of Order No. 54-90/c authorize extensions of hours of work either by reason of the need to maintain or raise the level of production, or by reason of a shortage of manpower, whereas Article 6, paragraph 1(b), provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also pointed out that, in a number of cases (see in particular sections 6, 7 and 12 of Order No. 54-148/c), the additional hours worked are not paid at an overtime rate of not less than one and one quarter times the regular rate, as provided by Article 6, paragraph 2. Lastly, the Committee requested the Government to ensure that the employers' and workers' organizations were consulted before the adoption of the regulations mentioned in Article 6.

The Committee trusts that the draft Order establishing procedures for enforcement of the provisions concerning working hours and a higher rate of pay for overtime will be adopted in the near future and that it will give full effect to Article 6, paragraphs 1(b) and 2. It requests the Government to inform the Office of any developments in this respect.

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

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 of the difficulties concerning the implementation of the draft Labour Code, due to internal administrative changes accompanying the present democratic transition. It hopes that these difficulties will be overcome in the near future and asks the Government to include in its next report full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government reiterates its intention to take account of the Committee's previous comments in the current preparation of the texts to implement the Labour Code. In its comments, the Committee pointed out that section 9 of Order No. 54-148/c and section 2 of Order No. 54-90/c authorize extensions of hours of work either by reason of the need to maintain or raise the level of production, or by reason of a shortage of manpower, whereas Article 6, paragraph 1(b), provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also pointed out that, in a number of cases (see in particular sections 6, 7 and 12 of Order No. 54-148/c), the additional hours worked are not paid at an overtime rate of not less than one and one-quarter times the regular rate, as provided by Article 6, paragraph 2. Lastly, the Committee requested the Government to ensure that the employers' and workers' organizations were consulted before the adoption of the regulations mentioned in Article 6.

The Committee trusts that the draft Order establishing procedures for enforcement of the provisions concerning working hours and a higher rate of pay for overtime will be adopted in the near future and that it will give full effect to Article 6, paragraphs 1(b) and 2. It requests the Government to inform the Office of any developments in this respect.

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

The Committee takes note of the Government's report and of the difficulties concerning the implementation of the draft Labour Code, due to internal administrative changes accompanying the present democratic transition. It hopes that these difficulties will be overcome in the near future and asks the Government to include in its next report full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government reiterates its intention to take account of the Committee's previous comments in the current preparation of the texts to implement the Labour Code. In its comments, the Committee pointed out that section 9 of Order No. 54-148/c and section 2 of Order No. 54-90/c authorize extensions of hours of work either by reason of the need to maintain or raise the level of production, or by reason of a shortage of manpower, whereas Article 6, paragraph 1(b), provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also pointed out that, in a number of cases (see in particular sections 6, 7 and 12 of Order No. 54-148/c), the additional hours worked are not paid at an overtime rate of not less than one and one-quarter times the regular rate, as provided by Article 6, paragraph 2. Lastly, the Committee requested the Government to ensure that the employers' and workers' organizations were consulted before the adoption of the regulations mentioned in Article 6.

The Committee trusts that the draft Order establishing procedures for enforcement of the provisions concerning working hours and a higher rate of pay for overtime will be adopted in the near future and that it will give full effect to Article 6, paragraphs 1(b) and 2. It requests the Government to inform the Office of any developments in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government, concerning the application of Article 8 of the Convention.

It also notes that the Government reiterates its intention to take account of the Committee's previous comments in the current preparation of the texts to implement the Labour Code. In its comments, the Committee pointed out that section 9 of Order No. 54-148/c and section 2 of Order No. 54-90/c authorise extensions of hours of work either by reason of the need to maintain or raise the level of production, or by reason of a shortage of manpower, whereas Article 6, paragraph 1(b), provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also pointed out that, in a number of cases (see in particular sections 6, 7 and 12 of Order No. 54-148/c), the additional hours worked are not paid at an overtime rate of not less than one and one-quarter times the regular rate, as provided by Article 6, paragraph 2. Lastly, the Committee requested the Government to ensure that the employers' and workers' organisations were consulted before the adoption of the regulations mentioned in Article 6.

The Committee trusts that the draft Order establishing procedures for enforcement of the provisions concerning working hours and a higher rate of pay for overtime will be adopted in the near future and that it will give full effect to Article 6, paragraphs 1(b) and 2. It requests the Government to inform the Office of any developments in this respect.