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

Weekly Rest (Industry) Convention, 1921 (No. 14) - New Caledonia

The Committee notes the adoption of the new Labour Code, which entered into force on 1 May 2008, as well as territorial Act No. 2008-2 of 13 February 2008 and Resolution No. 366 of 14 February 2008 repealing and replacing previous provisions respecting annual holidays with pay.

Articles 4 and 5 of the Convention. Total or partial exceptions. The Committee notes that, under the terms of section Lp. 231-9 of the new Labour Code, the weekly rest period of employed persons engaged in continuous working in establishments operating on a continuous basis may be deferred in part on condition that such workers benefit from a number of periods of rest of 24 consecutive hours that is at least equal to the number of weeks included in the period for which the exemption is authorized, and that such rest periods must in so far as possible be granted on Sundays. The Committee observes in this respect that section Lp. 231-9 does not provide indications as to the period for which such rest may be deferred. The Committee wishes to emphasize that the objective of the Convention is the protection of the health and well-being of workers by guaranteeing them a minimum period of rest, in so far as possible at regular intervals. The Committee therefore requests the Government to provide fuller information on the effect given to section Lp. 231-9 of the new Labour Code, and particularly on the consultations held with the social partners and the manner in which appropriate humanitarian and economic considerations have been taken into account in this context.

The Committee further notes that section Lp. 231-6 of the new Labour Code authorizes the social partners to organize, by means of collective agreements, work on the day of weekly rest in the case of employed persons engaged in loading and unloading in ports and unloading quays. The Committee requests the Government to indicate whether, as required by Article 5 of the Convention, a compensatory period of rest is guaranteed for these workers and, where appropriate, to provide copies of the collective agreements which apply this possibility of exemption.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the application of the Convention in practice including, in particular, copies of relevant collective agreements, extracts from reports of the inspection services indicating the number and nature of offences reported and the penalties imposed, information on the number of workers covered by the legislation, etc.