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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Madagascar (Ratification: 1960)

The Committee notes the adoption of Act No. 2003-044 of 28 July 2004, issuing the new Labour Code. In this respect, it notes that the provisions concerning weekly rest remain practically unchanged.

Article 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee notes that, under section 265(2) of the new Labour Code, Decree No. 62-150 of 28 March 1962 remains applicable until the publication of new legislation. Following up on its previous comments, the Committee notes that, according to sections 14 and 15 of this Decree, hours worked on the day of weekly rest in perishable goods industries or to cope at certain times with an exceptional workload are paid in the form of overtime but do not give rise to compensatory rest. It also notes that section 13 of this Decree excludes workers involved in urgent work on the weekly day of rest from the benefit of compensatory leave, if they are not usually in charge of maintenance or repair services in this enterprise. The Committee stresses once again that, under Article 5 of the Convention, the introduction of any exemptions from the weekly day of rest must give entitlement, as far as possible, to compensatory rest periods, which are essential for the protection of the health and well-being of workers. It requests the Government to take all the necessary measures to ensure, to the extent possible, a compensatory period of rest for these workers, in accordance with this Article of the Convention.

Article 7. Notices and rosters. The Committee notes the Government’s statement that specimen copies of notices and rosters detailing the days of collective rest are not yet available. It would be grateful if the Government could provide these specimen copies as soon as possible.

Part V of the report form. Practical application. The Committee notes the statistical data provided by the Government concerning the number of workers for the period from 2002 to 2006. It requests the Government to continue providing general information on the practical application of the Convention, and in particular extracts from the reports of the inspection services stating the number of violations of regulations concerning the weekly rest period that have been reported and the penalties imposed.

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.