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

Hours of Work (Industry) Convention, 1919 (No. 1) - Luxembourg (Ratification: 1928)

Article 6(2) of the Convention. Overtime pay. The Committee refers to its previous comment in which it noted that, under section L.211-27 of the Labour Code, overtime shall be compensated, in principle, with compensatory rest and the 40 per cent pay increase is only applied in a subsidiary manner, in specific cases (when it is not possible to grant compensatory rest for reasons inherent to the organization of the enterprise or if the employee has left the enterprise before taking such a rest period). In its last report, the Government indicates that it has no information regarding the implementation in practice of the system of compensation for overtime. The Committee once again draws the Government’s attention to Article 6(2) of the Convention, which requires an increase in pay of not less than 25 per cent for overtime in all cases, whether or not compensatory rest is granted to the worker concerned. The Committee requests the Government to provide information on any measures envisaged to bring section L.211-27 of the Labour Code further in line with the provisions of this Article of the Convention.