Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Nouvelle-Calédonie

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls that under section Lp. 231-9 of Labour Code, reproduced in section 53 of the Territorial Interoccupational Agreement, the weekly rest of employees assigned to continuous work in establishments operating on a continuous basis may be deferred in part on condition that such workers are given a number of periods of rest of 24 consecutive hours that is at least equal to the number of weeks included in the period covered by the exemption. The Committee points out in this connection that although the Convention sets no deadline for the grant of compensatory rest, in keeping with the spirit of the Convention it must be granted within a reasonably short time. According to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), persons to whom special schemes apply should not work for longer than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to provide more specific information on the period within which compensatory rest is granted where weekly rest is deferred pursuant to section Lp. 231-9.

Furthermore, the Committee notes that section 22 of the Territorial Interoccupational Agreement for the Mining and Quarrying Industries provides that for hours worked on the day of weekly rest to do an urgent job, a 75-per cent supplement for inconvenient hours shall be paid. The Committee requests the Government to indicate how it ensures, in the industrial establishments covered by the Convention, that, in accordance with Article 5 of the Convention, where work is performed exceptionally on the day of weekly rest, compensatory rest is granted, as far as possible, regardless of any supplementary remuneration that may be offered.