Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Industry) Convention, 1919 (No. 1) - Nicaragua (Ratification: 1934)

Article 1 of the Convention. Scope of application. The Committee notes that section 61(e) of the Labour Code excludes workers employed in the land transport sector from the limitations on working hours laid down by the Code. It draws the Government’s attention to the fact that, in conformity with Article 1, paragraph 1(d), the Convention applies, among other sectors, to the transportation of persons or goods by road. The Committee therefore requests the Government to send copies of the provisions applicable to this category of workers with regard to working hours. Moreover, the Committee notes that, under the terms of section 61(f) of the Labour Code, the provisions of the Code regarding working hours are not applicable to workers who are not subject to such rules by virtue of the nature of the work which they perform. The Committee requests the Government to indicate the types of work covered by this exclusion.

Article 2(b). Unequal distribution of weekly working hours. The Committee notes that section 63 of the Labour Code authorizes, by means of an agreement between the employer and workers, the distribution of weekly working hours in such a way that hours of work are longer on certain days to enable workers to have the whole or part of an additional weekly rest day. In this case, the number of overtime hours may not exceed two per day. However, the Committee draws the Government’s attention to the provisions of Article 2(b) of the Convention, which states that if the hours on one or more days of the week are less than eight, the eight-hour limit may be exceeded on the remaining days of the week, provided that this limit is not exceeded by more than one hour per day. The Committee hopes that the Government will take steps as soon as possible to limit daily working hours to a maximum of nine hours per day in the context of the application of section 63 of the Labour Code.

Article 6(a). Intermittent work. The Committee notes that, under section 61(c) of the Labour Code, persons performing work which is intermittent or merely requires their presence – as defined on a case-by-case basis by the Ministry of Labour – are not subject to the limitations on working hours imposed by the Code. The Committee requests the Government to indicate whether the Ministry of Labour has issued any regulations to implement this provision and, if so, to provide copies. If intermittent work is indeed defined on a case-by-case basis, the Government is requested to indicate the criteria used for this purpose and to supply specific examples.

Articles 3 and 6, paragraph 1(b). Additional hours. The Committee notes that, under section 57 of the Labour Code, additional hours undertaken by workers to rectify mistakes for which they are held responsible are not considered as overtime and are therefore not subject to the limits laid down by the Code and do not qualify for a higher rate of pay. It draws the Government’s attention to the fact that the rectification of mistakes for which a worker is held responsible does not form part of the special cases where the Convention allows the normal limits on working hours, namely eight hours per day and 48 hours per week, to be exceeded. It hopes that the Government will take the necessary steps to amend the legislation in such a way as to respect the requirements of the Convention on this point.

Furthermore, the Committee notes that section 59 of the Labour Code states that workers are not required to carry out overtime work, except in certain cases such as the prevention or elimination of the consequences of disasters or accidents likely to be detrimental to production or the provision of services. It recalls that the Convention imposes limits on overtime work, irrespective of whether or not workers have given their consent in this regard. Apart from the special cases covered by Article 3 of the Convention, which largely correspond to those provided for by section 59 of the Labour Code, overtime work in the context of temporary exceptions is permitted, in conformity with Article 6, paragraph 2, of the Convention, to deal with exceptional cases of pressure of work. The Committee hopes that the Government will adopt legal provisions stating explicitly that overtime work, whether or not it is voluntary, is only authorized in the cases provided for by the Convention.

Moreover, the Committee notes that section 60 of the Labour Code governs the performance of a double day’s work by a worker in cases involving the unforeseen absence of other employees whose work may not be interrupted. It requests the Government to supply further information on the types of work defined as work which may not be interrupted.

Part V of the report form. The Committee requests the Government to give a general description of the way in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services indicating the number and nature of contraventions reported, and further details on the number of workers covered by the legislation on working hours.