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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - New Caledonia

The Committee notes the adoption of the new Labour Code, which took effect on 1 May 2008, Territorial Act No. 2008-2 of 13 February 2008 and Decision No. 366 of 14 February 2008, which repeal and replace the previous provisions governing annual holidays with pay.

Article 7 of the Convention. Special weekly rest schemes. The Committee notes that in section Lp.231-12, the new Labour Code allows retail food stores and hardware and do-it-yourself shops automatic and permanent exemption from Sunday rest on Sunday morning until 1 p.m., thus codifying the special scheme previously established by Decision No. 102 of 8 August 2000. In its previous direct request, the Committee recalled that Article 7, paragraph 1, of the Convention allows the introduction of special weekly rest schemes only when the nature of the work, the nature of the services provided by the establishment, the size of the population requiring such services or the number of people employed precludes the application of the normal of weekly rest scheme, and asked the Government to explain these matters in greater detail. In the absence of a specific reply, the Committee is bound to repeat its request to the Government to state what social and economic considerations would justify the introduction of such an exemption for hardware and do-it-yourself stores. The Committee also notes that the workers covered by the exemption introduced by section Lp.231-12 of the new Labour Code appear to have a half day of rest on Sunday afternoon. The Committee accordingly asks the Government to indicate the manner in which it ensures that these workers have a total of at least 24 hours of rest in the week, as required by Article 7, paragraph 2, of the Convention.

Article 8, paragraph 3. Compensatory rest. The Committee notes that according to section Lp.231-5 of the new Labour Code, the weekly rest of employees in industries that deal with perishable materials, or that have to respond at certain times to an exceptional increase in workload, may be suspended twice a month at most provided that the number of such suspensions shall not exceed six per year. The Committee also notes that hours thus worked on the day of weekly rest are treated as overtime and entered as overtime credit. The Committee would be grateful if the Government would specify whether, as Article 8, paragraph 3, of the Convention requires, compensatory rest is indeed granted to workers employed in these conditions on the weekly day of rest, regardless of the amount of overtime entered.

Part V of the report form. Practical application. The Committee asks the Government to provide general information on the application of the Convention in practice, and in particular to send copies of collective agreements that contain clauses on weekly rest in commerce and offices, extracts of reports of the inspection services indicating the number and nature of infringements recorded and the penalties imposed, information on the number of workers covered by the legislation, etc.