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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Afghanistan (Ratification: 1963)

Articles 7 and 8 of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee recalls its previous comments in which it noted that section 44(1) of the Labour Code of 2008 allows for work to be performed during the weekly rest day under much broader conditions than those provided for in the Convention, for instance, work for the purpose of loading or unloading of consignments or performance of other urgent work. The Committee also noted that under section 45(2) of the Labour Code, when work cannot be interrupted for reasons of public need, the employer may either grant compensatory rest or pay the corresponding money wages, while section 69 of the Labour Code confirms the optional character of compensatory rest by providing that work done during public holidays is remunerated at double the wage rate, unless the worker requests to be compensated in the form of a day’s leave. The Committee wishes to recall that the Convention allows for permanent or temporary exemptions only in specifically defined cases, and requires that workers to whom such exemptions apply be granted compensatory rest of a total duration at least equivalent to the 24-hour weekly rest period. In its latest report, the Government indicates that the Labour Code of 2008 is currently under revision and that the Committee’s comments would be duly taken into account in this process. The Committee hopes that in the context of the ongoing process of revision of the Labour Code of 2008, the Government will take the necessary legislative measures to ensure that all authorized exceptions to the normal 24 hour weekly rest period remain limited to the cases enumerated in Articles 7(1) and 8(1) of the Convention, and that in all such cases provision is made for compensatory rest, as required under Articles 7(2) and 8(3) of the Convention.