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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Indonesia (Ratification: 1972)

Article 8(3) of the Convention. Compensatory rest in case of temporary exemptions from the regular weekly rest scheme. The Committee once again regrets that the Government has still not taken any measures, legislative or others, to ensure that employees working on a weekly rest day are granted compensatory rest of a total duration at least equal to the general 24-hour rule, irrespective of any monetary compensation, as required under this Article of the Convention. The Government limits itself to reiterating that workers may get compensatory rest only if it is so provided in company regulations or relevant collective agreements and that employers are encouraged to include provisions to this effect in company regulations and collective agreements. In this connection, the Government refers to regulations of institutions, such as the Action contre la faim or the Church World Service, as providing for compensatory rest, but these documents were not attached to the Government’s report. Recalling that the Committee has been raising this question for over 30 years, it urges the Government to take the necessary steps without further delay in order to bring its legislation into line with the requirements of the Convention. It also asks the Government to transmit copies of any company regulations or collective agreements which may have been concluded so far and which provide for a 24-hour compensatory rest period in case of work performed on a weekly rest day. Finally, the Committee asks the Government to transmit in its next report up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, etc.

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.283/LILS/WP/PRS/1/2, paras 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 14 and to keep the Office informed of any decisions taken or envisaged in this respect.