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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Belarus (Ratification: 1968)

Article 8, paragraph 1, of the Convention. Temporary exemptions from weekly rest. The Committee notes that section 142 of the Labour Code (Act No. 296-3 of 26 July 1999, as last amended by Act No. 299-3 of 24 December 2007) provides for the possibility of work on the weekly rest day at the request of the employer and with the consent of the worker. The Committee recalls that Article 8, paragraph 1, of the Convention allows temporary exemptions from weekly rest to be introduced only in specific circumstances, which are listed exhaustively (in case of accident, force majeure or urgent work to premises and equipment, abnormal pressure of work, to prevent the loss of perishable goods). It asks the Government to indicate how it ensures in law and in practice that the instances in which temporary exemptions may be granted do not exceed the clearly defined circumstances set forth in Article 8, paragraph 1, of the Convention.

Article 8, paragraph 3. Compensatory rest. In reply to the Committee’s previous comment, the Government states that section 146 of the Labour Code allows compensation for work on the weekly day of rest to take the form of either an alternative day of rest or a wage supplement. The Committee wishes to point out that according to Article 8, paragraph 3, of the Convention, where temporary exemptions are made, they must not deprive workers of receiving a compensatory rest of a total duration of at least 24 hours. It again emphasizes that the rationale for compensatory rest is the need to protect the workers’ health and well-being, so any monetary compensation must be in addition to, not in lieu of, the requisite compensatory rest. The Committee again asks the Government to make the necessary amendments to the Labour Code so as to secure compensatory rest of at least 24 hours for all workers to whom temporary exemptions from weekly rest are applied.

Part V of the report form. The Committee notes the information supplied by the Government on the organization and operation of the labour inspectorate. It also notes the statistics attached to the report showing that, out of a total workforce of 4 million workers, 400,000 are employed in the commerce and food sectors. It requests the Government to continue to provide general information on the effect given to the Convention in practice, including extracts from reports of the labour inspection services showing the number of contraventions of the legislation on weekly rest that have been reported and the penalties imposed, etc.