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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Gabon (Ratification: 1960)

Article 2 of the Convention. Entitlement to weekly rest. The Committee notes that the arrangements for the application of section 183 of the Labour Code, which provides for a weekly rest period of at least 24 consecutive hours, are fixed by regulation and sectoral collective agreement, according to the needs of the occupation or sector of activity. The Committee notes, however, that the Office has not received copies of the collective agreements referred to in the Government’s report. The Committee therefore requests the Government once again to send copies of the collective agreements for industry and for the inland waterway and dock sectors and of any other sectoral collective agreement still in force which governs weekly rest.

Articles 4 and 5. Total or partial exceptions to the weekly rest scheme. The Committee notes the adoption of Decree No. 0933/PR/MTEPS establishing the daily distribution of weekly working hours, which stipulates that statutory working time is 40 hours per week, spread over five days, from Monday to Friday, except for enterprises that work around the clock or those for which social considerations necessitate a different distribution of hours. The Committee also notes that section 7 of the Decree provides that sectoral and/or enterprise agreements will, where necessary, complement certain practical arrangements which are necessary for applying statutory working hours. The Committee therefore requests the Government to provide further information on the application of section 7 of Decree No. 0933/PR/MTEPS and to send copies, if applicable, of any sectoral and/or enterprise agreement governing these practical arrangements, particularly in the transport sector and in dock cargo handling activities and operations.

Furthermore, the Committee notes that Decree No. 726/PR/MTEFP of 29 June 1998 implementing section 165 of the Labour Code, which seems to be still in force, provides for the possibility of exceptions to statutory working hours, for example in branches of activity regularly subject to seasonal fluctuations on account of the conditions in which they operate, with a view to enabling the performance of preparatory or complementary work, or in the case of urgent work to prevent accidents or to deal with abnormal pressure of work. The Committee requests the Government to indicate whether the normal weekly rest period comprising at least 24 consecutive hours in industrial undertakings may be subject to exceptions and, if so, to indicate the measures taken or contemplated to provide, as far as possible, for a compensatory period of rest.

Finally, the Committee notes Order No. 00000208/MTE of 4 April 2007, establishing a special system of exceptions to statutory working hours on sites for oil and gas exploration and production and allied activities. The said Order nevertheless safeguards the worker’s right to a weekly rest period of at least 24 consecutive hours. The Committee also notes that section 5 of the order provides that the procedures for implementation of the weekly rest period shall be determined by enterprise collective agreements or accords. The Committee therefore requests the Government to provide further information on the application of section 5 of Order No. 00000208/MTE and to send copies, where applicable, of any collective agreement or collective accord that governs procedures for implementation.

Article 7. Rosters and notices. The Committee notes the Government’s indications that the collective agreements in force require the provision of notice boards in each undertaking to display communications of a strictly occupational nature, for example weekly rest. However, the Committee notes that the Office has not received the copy of the employer’s roster to which the Government refers in its report. The Committee therefore requests the Government to send a copy of any relevant collective agreement and of any employers’ rosters indicating the manner in which effect is given to this Article of the Convention.