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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Bahrain (Ratification: 1981)

Article 5 of the Convention. Compensatory rest. Further to its previous comment on this point, the Committee wishes to recall once again that the Convention requires compensatory rest to be granted, as far as possible, to those performing work on a weekly rest day, irrespective of any extra pay which may be offered in addition. The Committee therefore considers that leaving it to the discretion of the worker concerned to choose between a cash compensation at 150 per cent of the normal wage rate or another day of rest is not the best manner to ensure that workers enjoy every week the minimum of rest and leisure they need in order to preserve their health and well-being, and does not give full effect to either the letter or the spirit of the Convention.

Similarly, the fact that section 80 of the Labour Law for the private sector of 1976, as amended, practically allows workers to forego altogether their weekly rest entitlement, if they so wish, in exchange for overtime pay, is contrary to the very principle of weekly rest as one of the best observed workers’ rights. As the Committee noted in paragraph 159 of its General Survey of 1964 on weekly rest, if cash compensation were allowed to become the rule, it would practically have the effect of depriving the workers of the rest to which they are entitled, and this on a continuous basis. The Committee recalls, in this connection, that certain provisions of international labour Conventions seek occasionally to protect workers against what might initially appear to be their own “preferences”, in case, for instance, they are tempted (for reasons of securing an additional financial gain) to renounce to elementary protective rights, especially in terms of hours of work, weekly rest and annual holidays.

In the light of the preceding observations, therefore, and while noting the Government’s explanations about the limited number of cases of workers required to work on their weekly rest day more than twice consecutively, the Committee requests the Government to consider the possibility of amending section 80 of the Labour Law at the first suitable occasion in order to bring it into conformity with the Convention in this regard. It also requests the Government to indicate in its next report the specific circumstances in which the suspension and/or reduction of the rest period is authorized under section 80 of the Labour Law.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government that the number of workers’ complaints concerning infringements of the labour legislation on weekly rest is less than 0.01 per cent of all registered complaints. It would appreciate if the Government would continue providing up to date information concerning 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 infringements of the weekly rest legislation observed and sanctions imposed, copies of relevant collective agreements containing clauses on weekly rest, 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 these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.