Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Estonia (Ratification: 1923)

Articles 2, 4 and 5 of the Convention. Minimum weekly rest period – Total or partial exceptions – Compensatory rest. The Committee notes the Government’s indication that the weekly rest in industry is now regulated by the Employment Contracts Act of 17 December 2008 which repealed the Working and Rest Time Act of 2001. The Government explains that the Employment Contracts Act has been drawn up to satisfy the requirements of EU Directive 2003/88/EC which basically recognizes that every worker is entitled to a minimum uninterrupted period of 24 hours plus 11-hour daily rest for each seven day period. The Committee notes in particular that under section 52 of the Employment Contracts Act, no employee may be left over a period of seven days with less than 48 hours of consecutive rest time (or less than 36 hours in case of calculation of total working time) unless otherwise provided by law. It is unclear, however, whether any derogations from that provision are in fact permitted (possibly in line with the derogations allowed under sections 17 and 18 of EU Directive 2003/88/EC), and if so, whether such derogations would impact on the minimum weekly rest period of 24 consecutive hours prescribed by the Convention. The Committee accordingly requests the Government to provide additional explanations in this regard, and to specify whether provision is made for compensatory rest period in case of total or partial exceptions to the principle of 24-hour weekly rest.