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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Togo (Ratification: 1960)

Articles 1 and 2 of the Convention. Scope – Entitlement to weekly rest. In its previous comment, the Committee asked the Government to provide more specific information on the provisions applying to workers employed in the transport sector, which is covered by Article 1(1)(d) of the Convention, and to send copies of any regulations or collective agreements applying to these workers. Noting that the Government’s last report does not reply to its request, the Committee again requests the Government to indicate in its next report which provisions are applicable to these workers and to send copies of any relevant legal texts.

Article 5. Compensatory rest. In its previous comment, the Committee noted that, under section 12 of Order No. 278-54/ITLS, hours worked on the weekly rest day in industries dealing with perishable goods, or in which there are periods of exceptional pressure of work, are counted as overtime but give no entitlement to compensatory rest. It further noted that sections 11 and 13 of the Order exclude from entitlement to compensatory rest workers performing urgent jobs or engaged in loading and unloading at ports, landing stages and stations on the weekly rest day. The Committee wishes to remind the Government that the primary objective of the Convention is to protect the health and well-being of workers and enable them to achieve a balance between work and leisure, and hence wishes to underline the importance of periods of compensatory rest for workers obliged to work on the weekly rest day. The Committee recalls that Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) – ratification of which is strongly recommended – stipulates that where temporary exemptions are made, particularly for periods of exceptional pressure of work or to prevent the loss of perishable goods, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the normal rest period of 24 hours. The Committee further notes that, under section 16 of Order No. 278-54/ITLS, the weekly rest of specialists engaged in continuous production or continuous operations in factories that work around the clock may be postponed in part provided that these workers are given a number of rest periods of 24 consecutive hours at least equal to the number of weeks comprising the period to which the exception applies, and such rest must, as far as possible, be granted on a Sunday. While noting that a draft order concerning weekly rest is being examined by the National Council for Social Dialogue, the Committee hopes that this order will be adopted as soon as possible in order to ensure: (i) that compensatory rest is granted to workers performing urgent jobs or engaged in loading and unloading at ports, landing stages and stations, in accordance with Article 5 of the Convention; and (ii) that weekly rest is granted in such a way that workers subject to special schemes do not work for long periods (for example, more than three weeks) without being granted the rest periods to which they are entitled.