Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Tajikistan (Ratification: 1993)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 8(3). Temporary exemptions. Compensatory rest. The Committee notes that under section 82 of the Labour Code (Text No. 417 of 15 May 1997), depending on the worker’s preference, compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment at a higher rate. The Committee recalls, however, that the Convention requires compensatory rest to be granted in all cases of temporary exemptions to the normal weekly rest schedule, irrespective of any financial compensation. The Convention further requires that the duration of the rest period should be at least 24 hours if the exemption has led to the total cancellation of the rest period. Noting therefore that under the Convention compensatory rest in the case of temporary exemptions is compulsory and not optional, the Committee requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the Convention in this regard.

Article 11. Special weekly rest schemes. Please provide a list of the categories of persons and the types of establishment for which special weekly rest schemes may have been established under section 80 of the Labour Code.