Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Democratic Republic of the Congo (Ratification: 1960)

Article 2, paragraph 1, of the Convention. Duration of the weekly rest. The Committee notes with interest the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, section 121 of which increases the duration of the compulsory weekly rest to 48 consecutive hours from the previous duration of 24 hours. However, it notes that, according to the indications provided by the Government in its report, the National Labour Council adopted a Bill in 2005 amending certain sections of the Labour Code with a view, among other measures, to bringing the weekly rest period back to 24 consecutive hours. The Committee requests the Government to keep it informed of any development occurring in the process of the adoption of this Bill and to provide it with a copy of any new legislative text.

Articles 4 and 5. Exceptions. The Committee notes that, according to the information contained in the Government’s report, the National Labour Council adopted a draft Order in 2005 to give effect to the Labour Code issuing regulations respecting work on the weekly rest day and other statutory public holidays. It also notes that Ministerial Order No. 68/12 of 17 May 1968, respecting work on the weekly rest day, remains in force until the draft Order referred to above is adopted. In this respect, the Committee notes that sections 4 to 8 of Ministerial Order No. 68/12 enumerate the cases in which workers may be engaged on a Sunday on condition that they are afforded compensatory rest. It notes, however, that under sections 9 and 10, other exceptions may be made, without compensatory rest and with the payment of additional hours, in the event of an accident that has occurred or is imminent, force majeure or urgent work to be carried out on plant, to prevent the loss of perishable goods or to deal with abnormal pressure of work. The Committee recalls in this respect that, in accordance with Article 5 of the Convention, States shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in the weekly rest of workers. In view of its objective, which is to prevent an accumulation of fatigue by workers and therefore to protect their health, the granting of compensatory rest is essential, irrespective of whether or not supplementary remuneration is paid in respect of the additional hours undertaken during the weekly rest period. The Committee trusts that the ministerial order that is to be adopted in the near future under section 121 of the Labour Code will provide that compensatory rest shall be granted to workers where they have been engaged during their weekly rest period. The Government is requested to provide all relevant information concerning the adoption of this draft Ministerial Order and to provide a copy as soon as it has been finalized.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services and, if possible, information concerning the number of workers covered by the legislation respecting the weekly rest period, the number and nature of the contraventions reported, etc.