Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Guinea - Bissau (Ratification: 1977)

The Government indicates that the employers’ and workers’ organizations have been consulted on the draft amendment of the General Labour Law No. 2/86 of 5 April 1986. The Committee asks the Government to continue informing it of any further developments of the legislative process.

Article 7, paragraphs 1 and 4, of the Convention. Section 66(2) and (3) of the General Labour Law No. 2/86 provide the possibility of applying special schemes permanently, as laid down by Article 7, paragraph 1. The Committee recalls that under this provision of the Convention, measures may be taken by the competent authority or through the appropriate machinery to apply special weekly rest schemes to specified categories of persons or establishments where, because of the nature of the work, the nature of the service performed by the establishment, the size of the population to be served or the number of persons employed, it is impossible to apply the normal scheme, for example by granting weekly rest on Sunday. The Committee further recalls that, according to Article 7, paragraph 4, any exceptions to the norm should be authorized only in consultations with the representative employers’ and workers’ organizations, where such exist. It therefore again asks the Government to indicate the methods adopted or envisaged to give full effect to the Convention in this respect.

Article 11(a). Please provide lists of the categories of persons and the types of establishments subject to special weekly rest schemes.

Article 8, paragraphs 1 and 2. Section 68 of Law No. 2/86, by referring to section 52(b) of the same law, governs temporary exemptions from the weekly rest day caused by force majeure or necessary to prevent or repair considerable damage of the establishment. Section 52(a) of Law No. 2/86 relates to abnormal pressure of work and work to prevent the loss of perishable goods. These are exemptions, which fall under Article 8, paragraph 1. The Committee points out that, except in case of accident, urgent work or force majeure, the representative employers’ and workers’ organizations shall be consulted in determining the circumstances in which such temporary exemptions may be granted. It requests the Government to indicate the methods for the consultation of representative employers’ and workers’ organizations.

Article 11(b). Please provide information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8.