Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Indonésie (Ratification: 1972)

Article 8 of the Convention. Temporary exemptions from the normal weekly rest. In its previous comments, the Committee noted that section 11(b) of the Decree of the Minister of Manpower and Transmigration No. KEP 102/MEN/VI/2004 on Overtime Work and Overtime Pay (the 2004 Decree) provided that when working on their weekly rest day, workers received overtime pay. Recalling that, in accordance with Article 8(3), where temporary exceptions are made in respect of the weekly rest day, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of any financial compensation, the Committee requested the Government to take appropriate action in order to ensure that the national legislation would give full effect to Article 8. The Committee notes that the Government indicates in its report that based on the results of a review of the 2004 Decree, it had been agreed that the Decree would be revised to provide for compensatory time off in case of workers working on their weekly rest day. The Government also indicates that there had been no report submitted by workers to labour inspectors regarding violations of the weekly rest day and that this was due to the fact that application of the Decree in practice was arranged by an agreement between the workers and their employers. The Committee understands from the Government’s report that work during the weekly rest day is regulated through collective agreements. The Committee also notes that the 2004 Decree does not provide a list of the limited circumstances in which work could be allowed during the weekly rest day. In this regard, the Committee recalls that Article 8(1) only allows temporary exemptions from the normal weekly rest in three circumstances: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment, but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment; (b) in the event of abnormal pressure of work due to special circumstances, insofar as the employer cannot ordinarily be expected to resort to other measures; and (c) in order to prevent the loss of perishable goods. It further recalls that, according to Article 8(2), the representative employers’ and workers’ organizations concerned, where such exist, shall be consulted in determining the circumstances in which temporary exemptions may be granted in accordance with the provisions of subparagraphs (b) and (c) above. In its 2018 General Survey on working time instruments, the Committee emphasized the importance of keeping recourse to exemptions from the general 24-hour weekly rest rule to what is strictly necessary, and for such exemptions to be authorized under clearly specified conditions, in line with Article 8(1). The Committee therefore requests the Government to ensure that, in the context of the revision of the 2004 Decree on overtime, the circumstances in which work can be authorized during weekly rest days are limited to those identified in Article 8(1) and that compensatory rest would be granted, in conformity with Article 8(3), irrespective of any financial compensation. It requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on any collective agreements which would regulate the possible exemptions from the normal weekly rest.