Weekly Rest (Industry) Convention, 1921 (No. 14) - Burkina Faso (RATIFICATION: 1960)

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Article 2 of the Convention. Weekly rest in the transport sector. In reply to its previous direct request, the Committee notes the Government’s indication that Order No. 1244/FP.T/DGTLS of 9 December 1976, which determines the procedures for the application of weekly rest, is still in force. However, the Committee observes that no new provisions have yet been adopted to regulate weekly rest in transport enterprises, which are excluded from the scope of application of this Order. The Committee requests the Government to take the necessary measures without further delay to ensure that the enterprises concerned benefit from legal provisions determining the modalities for the application of weekly rest in these enterprises.

Article 4. Total or partial exceptions. In reply to its previous comment, the Committee notes the Government’s indication that the legislation that is in force does not require any more prior consultation with responsible associations of employers and workers when adopting exceptions to weekly rest as provided for under the former section 150 of the Labour Code. The Committee understands that several consultation mechanisms with occupational organizations of employers and workers exist outside the formal framework, but that prior consultation of these organizations on the adoption of exceptions to weekly rest is not required by the legislation, including for exceptions provided by law. The Committee also understands from the Government’s reply that exceptions granted by labour inspectors, for certain types of businesses and for a limited period, require consultations of employers’ and workers’ organizations. The Committee would like to know the provisions providing for this compulsory consultation and the modalities regarding their implementation in practice. It recalls that Article 4 of the Convention does not allow any differences between exceptions provided by law (or permanent exceptions) and special exceptions (or exceptional ones) regarding the obligation to prior consultations with responsible associations of employers and workers when adopting rules that govern them. The Committee requests the Government to indicate the applicable rules ensuring the respect of the obligation of prior consultation as regards exceptions granted by labour inspectors and those envisaged by the Government to ensure conformity of all of the applicable provisions with the requirements of Article 4 of the Convention.

Article 5. Compensatory rest. With reference to its previous comments, the Committee notes the Government’s reply that no provision of national legislation addresses compensatory rest and that it has no information on the application of section 12 of Order No. 1244. The Government adds that the application of the provisions on weekly rest by employers and workers has not yet given rise to the granting of compensatory rest. While drawing the Government’s attention to the importance of compensatory rest in protecting the health and well-being of workers, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that any person who is required to work on the day of weekly rest is granted periods of compensatory rest, as required by the provisions of the Convention.

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Article 2 of the Convention. Weekly rest. The Committee notes that Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code has been adopted and entered into force on 19 June 2008. It also notes that section 155 of this Act gives effect to Article 2 of the Convention by providing for a compulsory weekly rest period of at least 24 hours per week, granted in principle on Sundays. The Committee understands that Order No. 1244/FP.T/DGTLS of 9 December 1976, which determines the procedures for application of the weekly rest, is still applicable. It requests the Government to confirm that this is indeed the case. Furthermore, the Committee notes that, under section 1, the provisions of the Order are not applicable to transport companies for which rest is governed by special provisions. The Committee requests the Government to specify the legal or other provisions applicable to these companies.

Article 4. Total or partial exceptions. While noting that, according to section 155, exceptions to weekly rest may be granted by regulation by the Minister responsible for labour, the Committee notes that the consultation of the Labour Advisory Committee, which is composed of an equal number of employers and workers and chaired by the Minister responsible for labour, prior to the adoption of these exceptions, is no longer compulsory as was the case under the former section 150 of the Labour Code. The Committee notes that, in accordance with section 408 of the new Labour Code, in addition to the cases for which the consultation of the Labour Advisory Committee is compulsory, the consultation of this body is optional on all matters related to labour, the labour force and social security. The Committee recalls that, in accordance with Article 4 of the Convention, the establishment of exceptions to weekly rest must be preceded by consultation with responsible associations of employers and workers. It requests the Government to indicate the manner in which organizations of employers and workers are consulted to ensure that full effect is given to Article 4 of the Convention.

Article 5. Compensatory rest. The Committee notes that section 12 of Order No. 1244/FP.T/DGTLS provides that the weekly rest of specialists engaged in continuous production or operations in factories which run continuously may be deferred in part, provided that these workers are granted a number of rest periods of 24 consecutive hours at least equal to the number of weeks covering the period giving rise to the exception, which must, as far as possible, be granted on Sundays. The Committee observes in this regard that, contrary to sections 13 and 14, which provide for periods of compensatory rest under well-defined conditions (namely, compensatory rest of at least two days per month, in so far as possible on Sundays, and a compensatory rest period in the month following suspension respectively), section 12 does not provide details with regard to the deferred part and with regard to the period during which the rest may be deferred. Furthermore, the Committee notes that section 12 does not refer to prior consultations with the employers’ and workers’ organizations concerned. The Committee draws the Government’s attention to the fact that the objective of the Convention is to protect the health and welfare of workers by guaranteeing them a minimum rest period, in so far as possible at regular intervals. It would also like to emphasize that, under Article 4 of the Convention, the establishment of total or partial exceptions to the rules on weekly rest requires that both humanitarian and economic considerations be taken into account, and requires prior consultation with the employers’ and workers’ organizations concerned. It therefore requests the Government to provide further information on the application of Article 12, in particular on the consultations held with the social partners, and on the manner in which humanitarian considerations, and not just economic considerations, have been taken into account in this context.

Part V of the report form. The Committee notes that, according to section 18 of Order No. 1244/FP.T/DGTLS, violations of the provisions of this Order are punishable by section 237(b) of the 1992 Labour Code. The Committee understands that reference should now be made instead to section 421 of the new Labour Code, which provides that violations of the rules relating to weekly rest are punishable by fines ranging from 5,000 to 50,000 CFA francs. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, by providing, for example, extracts from the reports of the inspection services indicating the number and nature of contraventions reported and the sanctions imposed, information concerning the number of workers covered by the legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that 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 continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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The Committee notes the provisions of section 89 of the Labour Code (Act No. 11/92/ADP of 22 December 1992) on weekly rest. The Committee also notes the indications contained in the Government's report that exceptions to the weekly rest are contained in Order No. 1244 of 9 December 1976. The Committee requests the Government to provide a copy of this Order which the Government has indicated to have sent, but which was not annexed to its report.