Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Tchéquie (Ratification: 1993)

Article 2 of the Convention. Period of weekly rest. The Committee notes the Government’s reference to the new Labour Code No. 262/2006 Coll., section 92(1) of which reproduces the relevant provision of the previous Labour Code of 1965 and provides for a continuous rest period of 35 hours in every period of seven consecutive calendar days, or at least 48 hours per week in the case of an adolescent employee. It also notes that, under section 92(2) of the Labour Code, where operations so allow, the employer is required to schedule so that the continuous rest period falls on the same day for all employees and includes Sunday.

Article 5. Compensatory rest. The Committee notes the Government’s explanation that, since section 92(3) of the Labour Code provides for an uninterrupted weekly rest period of at least 24 hours even in those exceptional cases where the rest period may be reduced by virtue of section 90(2), the question on compensatory rest within the meaning of Article 5 of the Convention does not arise. The Committee notes, however, that the Labour Code does not contain any provisions as regards compensatory rest periods for exceptions made in accordance with sections 91(2)–(4) and 93(2). While noting the Government’s indication that the parties to an employment relationship may agree on compensation for overtime work either in the form of extra pay or compensatory time off, the Committee requests the Government to specify the legal provisions, if any, that guarantee that workers who are required for whatever reason to perform work on a weekly rest day receive, as far as possible, compensatory rest so as to enjoy every week the minimum of rest and leisure they need in order to preserve their health and well-being, in accordance with the letter and the spirit of the Convention.

Article 7. Posting of notices. While noting that, under section 96 of the Labour Code, employers must keep itemized records of each individual employee’s working hours, overtime, night work and standby, and, while also noting that under section 279 of the Labour Code employers must inform employees about fundamental issues of working conditions, the Committee requests the Government to indicate how it is ensured that workers are kept informed of the weekly rest schedule applicable to them by means of notices (where the weekly rest is given to the whole of the staff collectively) or rosters (where the rest period is not granted to the whole of the staff collectively), as required by this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of infringements related to the statutory duration of weekly rest periods recorded in the period from September 2003 to June 2008. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Finally, the Committee wishes to recall the decision of the ILO Governing Body, according to which the ratification of up to date Conventions, including
the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly
Rest (Commerce and Offices) Convention, 1957 (No. 106), should be
encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). Therefore, the Committee once again invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decisions taken or envisaged in this respect.