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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - New Caledonia

Article 8(3) of the Convention. Compensatory rest. The Committee notes that, in accordance with section Lp. 231-5 of the Labour Code, industries that process perishable goods, or that have to respond at certain times to an exceptional increase in workload, may derogate from the normal weekly rest scheme. The hours worked on the weekly rest day are treated as overtime and entered as credited additional hours. In its most recent report, the Government refers to section Lp. 221-5, which authorizes the social partners to provide, by collective agreement, for the replacement of overtime pay by compensatory rest 125 per cent for the first eight hours and 150 per cent thereafter. However, the Committee recalls that the Convention requires the provision of compensatory rest to be compulsory in the event of exemptions from the normal weekly rest scheme. Furthermore, the Committee notes that clause 22 of the occupational agreement of the commercial and allied sector requires that working hours performed exceptionally on the weekly rest day benefits from an increase of 75 per cent when such days cannot be compensated by rest time. The Committee therefore requests the Government to take the necessary measures to ensure that compensatory rest is granted in all cases of temporary exemptions from the weekly rest scheme, irrespective of any additional pay that may be offered, as required by Article 8(3) of the Convention.