Weekly Rest (Industry) Convention, 1921 (No. 14) - Afghanistan (Ratification: 1939)

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

Articles 4 and 5 of the Convention. Total or partial exceptions to weekly rest – Compensatory rest. The Committee requests the Government to refer to the comments made under Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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

Article 4 of the Convention. Total or partial exceptions to weekly rest. The Committee notes with interest that a new Labour Code was adopted by the National Assembly on 21 April 2008. It notes that section 44(1) of the new Labour Code establishes the same exceptions to weekly rest as the draft Labour Code submitted to the Office in April 2007. Further to its previous comment, the Committee recalls that, in accordance with Article 4 of the Convention, these exceptions must be made with due regard not only to economic considerations but also to humanitarian considerations, and require prior consultation with the employers’ and workers’ organizations concerned. The Committee once again requests the Government to provide information on the manner in which humanitarian and economic considerations were taken into account when formulating section 44(1) of the Labour Code, as well as on the consultations held to that end with the social partners.

Article 5. Compensatory rest. The Committee notes that section 44(2) of the new Labour Code provides that, in the event of work performed on the weekly rest day by virtue of one of the exceptions referred to in section 44(2), the employer must pay the worker a sum equivalent to 50 per cent of his pay as an incentive, in addition to the overtime pay due to him as payment for the extra hours worked, but no provision is made for compensatory rest. The Committee also notes that section 45(2) of the Labour Code provides for the granting of an alternative day’s rest during the week or for the payment of compensation to the worker employed on the weekly rest day in a company engaged in an activity which cannot be interrupted. The Committee recalls once again that compensatory rest is warranted by the need to protect the health of the worker. It cannot therefore be replaced by cash compensation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that sections 44(2) and 45(2) of the Labour Code better reflect Article 5 of the Convention, which provides that legislation must, as far as possible, provide for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government has transmitted to Parliament the draft new Labour Code for adoption. It also notes that the Office has already provided the Government with an informal opinion on the provisions of this draft Labour Code. It requests the Government to keep it informed of the progress made in adopting this text.

Article 4 of the Convention. Exceptions to the rules on weekly rest. The Committee notes that section 41 of the draft Labour Code provides that Friday is the weekly rest day. It also notes that, in accordance with section 44 of this text, weekend work may be permitted in a number of cases by agreement between the worker and the employer, but without the consent of the Council of Representatives, as required by article 58 of the 1987 Labour Code, or the agreement of the Social Union and the Ministry of Labour and Social Affairs, as provided for by the draft Labour Code of 2006: continuous work which, if delayed, could cause problems in relation to the public service; the performance of work related to the public service; work which cannot be delayed, urgent repairs, the loading and unloading of merchandise, the prevention of accidents; the elimination of the consequences of natural disasters and other exceptional cases; and the performance of other urgent work with the approval of the person in charge. The Committee draws the Government’s attention to the fact that, in accordance with Article 4 of the Convention, exceptions to the rules relating to weekly rest must be made with due regard to all proper humanitarian and economic considerations, and require prior consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to provide information on the consultations that have been held on the above exceptions and to specify the manner in which humanitarian considerations, and not only economic considerations, have been taken into account in this regard.

Article 5. Compensatory rest. The Committee notes that, in accordance with section 45 of the draft Labour Code, workers who are obliged to work on a weekly rest day because their company is engaged in an activity which cannot be interrupted, may be granted an alternative day of rest during the week or pay in compensation. The Committee recalls that, under this provision of the Convention, the legislation shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4. The Committee wishes to emphasize that compensatory rest is essential for the protection of workers’ health and cannot therefore merely be replaced by compensatory pay. The Committee requests the Government to indicate the provision made for compensating workers who are employed on the weekly rest day in circumstances other than those referred to in section 45 of the draft Labour Code. It also hopes that, in its final version, this provision will provide for a cash payment in addition to, and not instead of, compensatory rest.