Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Chypre (Ratification: 1966)

Article 6 of the Convention. Regular weekly rest scheme. The Committee notes the Government’s explanations concerning the Regulation of the Operation of Shops and Employment Terms of their Employees Act No. 155(I) of 2006 which reply only partially to the points raised by the Committee in its previous comment. The Committee is obliged once again to draw the Government’s attention to section 6(3) of the Organization of Working Time Act No. 63(I) of 2002, as amended, which empowers the employer to decide at his/her discretion to grant to his/her employees either two separate rest periods of 24 consecutive hours each within a 14-day period, or alternatively, a continuous rest period of 48 hours in every period of 14 days. In this connection, the Committee is bound to recall that the basic standard defined in this Article of the Convention is that workers are entitled to an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days, and this rest period should, to the extent possible, be provided simultaneously to all workers of the same establishment and should coincide with the day already designated by tradition or custom as day of weekly rest. The Convention is thus articulated around three basic principles: regularity (rest to be taken at seven-day intervals), continuity (rest of at least 24 consecutive hours) and uniformity (weekly break to be taken simultaneously by all workers). The Convention permits, of course, special weekly rest schemes, or permanent exceptions, from the general weekly rest standard (Article 7), in particular when keeping certain establishments in operation on the day of rest is required under exceptional conditions. It seeks to guarantee, however, that exceptions to the normal weekly rest are authorized on limited and well-circumscribed grounds, and only after consultations with the representative organizations of employers’ and workers’ organizations concerned. The Committee considers that as it is currently worded, section 6(3) of the Organization of Working Time Act offers, in general, the choice between two alternative weekly rest schemes thus going beyond what is prescribed by Article 6(1) of the Convention. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that the accumulation or distribution of weekly rest over a period longer than a week is an exception, and not an alternative to the basic standard, and that is authorized only under the limited conditions set out in Article 7 of the Convention.

Articles 7 and 8. Exceptions. Compensatory rest. The Committee notes that under section 15 of the Organization of Working Time Act, the Act does not apply to the extent that other legislative arrangements regulate working time for specified occupations or activities. The Committee would appreciate if the Government would specify and transmit copies of any such legislative arrangements that may have so far been adopted.

Moreover, the Committee notes that section 16(2) of the Organization of Working Time Act allows for deviations to the regular weekly rest scheme by means of collective agreements on condition that provision is made for compensatory rest to be granted to the workers concerned, or for other suitable protection, where due to exceptional circumstances it is objectively impossible to grant compensatory rest. Such deviations are permitted with respect to the following activities: (i) work taking place at a distant place; (ii) security and surveillance services; (iii) activities requiring continuity of services (for instance, hospitals, ports and airports, media, television and radio, fire brigade, electricity generation and water supply, industries which cannot suspend their operations, research and development, agriculture and city transport); (iv) foreseeable increase in workload (especially in agriculture, forestry and postal services); (v) railway personnel; (vi) force majeure; and (vii) accident, actual or threatened. The Committee requests the Government to provide additional explanations on any working time arrangements which may have been introduced by virtue of section 16(2) of the Organization of Working Time Act with respect to the above-listed activities and transmit copies of all relevant collective agreements. Finally, the Committee recalls that under Articles 7(2) and 8(3) of the Convention, compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic weekly rest scheme. The Committee accordingly requests the Government to consider the partial amendment of section 16(2) of the Organization of Working of Time Act so as to ensure that compensatory rest is granted for all deviations from the ordinary weekly rest scheme without exception.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years general information concerning the application of the Convention in practice. It would therefore appreciate receiving up to date information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, etc.