Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Belgium (Ratification: 1926)

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory periods of rest. The Committee notes that, under the terms of section 66 of the Labour Act of 16 March 1971, workers may be employed on Sundays, among others cases in “industries where the nature of the work does not permit of any interruption or delayed”. As this wording is relatively broad and may cover undertakings other than continuous process factories, the Committee requests the Government to provide further information on the types of undertakings to which section 66 of the Labour Act, which was adopted nearly 40 years ago, is applicable in the current economic context.

Furthermore, the Committee notes that the Act of 17 March 1987 introducing new working time arrangements in enterprises authorizes, under certain conditions, the introduction of new working time schemes with a view to “allowing the extension or adaptation of the period of operation of the enterprise and promoting employment”, as indicated in section 1(1) of the Act. It notes that, in the context of these new schemes, employers may make exceptions, under certain conditions, from the four major principles governing the regulation of working time: the limitation of hours of work, the prohibition of work on Sundays, the prohibition of work on public holidays and the prohibition of night work. It also notes that these exceptions may be selected on an individual basis by the enterprise which draws up its working time scheme based on its needs. With regard to work on Sundays, the Committee notes that employers may cause employees to work on Sundays and that the compensatory period of rest may be granted within a period that is longer than the six days envisaged by the Labour Act.

In this context, the Committee wishes to emphasize the importance of the Convention, the objective of which is primarily to protect the health of workers and enable them to reconcile their private life and work. It recalls that the Convention is articulated around three main principles: regularity (a period of rest of 24 hours in every period of seven days), continuity (a period of rest comprising at least 24 consecutive hours) and uniformity (the same rest day for everyone). While Article 4 of the Convention allows total or partial exceptions from these principles, they must effectively be exceptions in the sense that it should only be possible to have recourse to them in well defined circumstances and strictly in so far as necessary. With regard to compensatory periods of rest, although the Convention does not explicitly establish a time limit within which such rest has to be granted to workers employed on the weekly rest day, compliance with the spirit of the Convention requires it to be granted within a reasonably short period.

In the light of these principles, the Committee expresses concern at the extent of the exceptions authorized by the Act of 17 March 1987. It notes in this respect that, in the conclusions adopted in December 2007 on the application by Belgium of the European Social Charter (Revised), the European Committee of Social Rights also commented on the increasing flexibility of weekly rest schemes. More precisely, the European Committee asked the Government in which cases the compensatory rest period is postponed beyond 12 days, whether there are additional safeguards (such as prior approval by the labour inspectorate) and to what extent such postponements are made in practice. The Committee therefore hopes that the Government will soon be in a position to determine more precisely the circumstances in which recourse to the new working time schemes is authorized and to establish a reasonable period within which the compensatory rest period is to be granted in the event of Sunday work. More generally, the Government is requested to provide all available information on the implementation of the Act of 17 March 1987 in relation to the introduction of new working time schemes in enterprises.

Finally, the Committee notes the various Royal Orders, copies of which are attached to the Government’s report, establishing in specific sectors exceptions from the weekly rest scheme for workers employed on Sundays. It notes in particular that the various texts applicable to enterprises covered by the Joint Metallic, Mechanical and Electrical Constructions Commission refer to the existence of urgent work, based on the work organization requirements in the sector, and establish a period of 13 weeks, instead of the six days envisaged in section 16 of the Labour Act of 16 March 1971, within which compensatory time off shall be granted to workers employed on Sundays. It requests the Government to provide further information on the circumstances giving rise to the urgent work that justifies the adoption of these Royal Orders. The Government is also requested to indicate the manner in which social and humanitarian considerations, and not only economic considerations, were taken into account when introducing these exceptions, as required by Article 4 of the Convention. Furthermore, with reference to the comments made above concerning new working time schemes and the need to grant a compensatory period of rest within a reasonable period, the Committee hopes that the Government will examine favourably the possibility of establishing a time limit lower than 13 weeks for the granting of the compensatory rest period to the workers employed on Sundays to whom the above Royal Orders are applicable.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the results of labour inspection activities. It requests the Government to indicate whether the statistics provided in its report relate solely to supervision of the effect given to the legal provisions respecting weekly rest. The Government is also requested to continue providing information on the manner in which the Convention is applied in practice, including information on the contraventions of the legislation on weekly rest periods that are reported and the measures taken as a consequence.

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 continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage the ratification of Convention No. 106 and to inform the Office of any decision adopted or envisaged in this respect.