Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Cameroon (Ratification: 1988)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 7(2) of the Convention. Special weekly rest schemes and compensatory rest. In its previous comment the Committee asked the Government to consider amending section 13 of Order No. 22/MLTS/DEGRE of 27 May 1969, (Order No. 22) since security guards housed by their employer at the workplace and who cannot be granted weekly rest receive compensatory rest which may, at their request, be accumulated and added to their annual leave, as a result of which they do not have a regular minimum rest period. The Committee notes the Government’s reply that the provision in question is due to be submitted to the Legislative Reform Committee of the Ministry of Labour and Social Security with a view to possible amendment. The Committee requests the Government to keep the Office informed of any further developments and to send a copy of the new legislative text, once it has been adopted.

Article 8(3). Temporary exemptions and compensatory rest. In the comments which it has been making since 2000, the Committee has noted that sections 10–12 of Order No. 22, which provide for the suspension of the weekly rest period in return for payment for the overtime worked but without granting compensatory rest, in the event of urgent work, rescue or repair work or work aimed at preventing the loss of perishable goods, do not comply with the requirements of Article 8(3) of the Convention. In its last report the Government indicates that section 88 of the Labour Code of 1992 provides explicitly for a weekly rest period of at least 24 consecutive hours which may on no account be replaced by monetary compensation. The Government points out that, under section 176 of the Labour Code, all previous provisions to the contrary, particularly those of Order No. 22, are repealed. While noting the Government’s explanations, the Committee considers that, in the interests of legal clarity and certainty, it would be advisable to formally revise the text of Order No. 22 in order to establish the general obligation of granting compensatory rest for any type of work done on the weekly rest day.

Furthermore, the Committee notes that section 51(3) of the new national collective agreement for commerce of 1 May 2012 includes the text of section 40(2) of the former collective agreement of 1979, which only provides for a higher rate of pay for overtime work performed on the weekly rest day without providing for a period of compensatory rest, as required by Article 8(3) of the Convention. Recalling that the weekly rest period may not be replaced by monetary compensation but must be granted independently of any cash compensation, the Committee requests the Government to draw the attention of the social partners to this point with a view to the appropriate follow-up.

Article 10. Inspection. The Committee notes the observations from the General Union of Workers of Cameroon (UGTC), received on 7 October 2013 and forwarded to the Government on 22 October 2013, in which the UGTC explains that the absence of any complaint regarding the application of the rules or provisions relating to weekly rest may be due to workers’ fear of losing their jobs. The Committee requests the Government to send any comment that it wishes to make in reply to the observations from the UGTC.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 7, paragraph 2, of the Convention. Special weekly rest schemes and compensatory rest. The Committee notes that, according to section 13 of Order No. 22/MLTS/DEGRE of 27 May 1969, security guards, who are housed by the enterprise at the workplace and who cannot be granted weekly rest, shall be granted compensatory rest which may, at their request, be accumulated and added to their annual leave. It notes that this option offered to security guards is not consistent with Article 7, paragraph 2, of the Convention, the objective of which is to protect the health and welfare of workers by ensuring that they are granted a regular minimum rest period. In this regard, the Committee wishes to draw the Government’s attention to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), under which special rest schemes should ensure that the persons to whom such schemes apply do not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to consider amending this provision of the Order of 1969 in order to guarantee these workers a weekly rest period at regular intervals.

Article 8, paragraph 3. Temporary exemptions and compensatory rest. As in its previous comments, the Committee notes that sections 10–12 of Order No. 22/MLTS/DEGRE of 27 May 1969, which provide for the suspension of the weekly rest period in return for payment for the extra hours work, but without granting compensatory rest, in the event of urgent work, rescue or repair work or work aimed at preventing the loss of perishable goods, do not comply with the requirements of Article 8, paragraph 3, of the Convention, under which compensatory rest of a total duration of at least 24 hours per week shall be granted to workers whose weekly rest has been temporarily suspended or reduced. It recalls that compensatory rest is essential to the protection of the health of workers and may not be replaced by cash compensation. Noting the forthcoming revision of Order No. 22/MLTS/DEGRE of 27 May 1969, the Committee requests the Government to keep the Office informed of any progress made with a view to guaranteeing all workers compensatory rest of a total duration of at least 24 hours for each period of seven days.

Furthermore, the Committee notes that a new collective agreement applicable to the commerce sector was signed on 9 March 2007. Given that this document is not available to the Office, the Committee would be grateful if the Government would provide a copy of this text with its next report. The Committee would be particularly interested in establishing whether the new National Collective Agreement for Commerce includes the clause contained in section 40(2) of the former national collective agreement for commerce of 1979, which provided for financial remuneration only for overtime work performed on the weekly rest day, which has been the subject of comments by the Committee for several years.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services indicating the number of violations reported relating to weekly rest and the sanctions imposed, information concerning the number of workers covered by the legislation, copies of collective agreements containing relevant clauses, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. It also notes the observations of the General Union of Cameroon Workers (UGTC), which were forwarded to the Government on 4 October 2005, alleging partial observance of the Convention in commerce and offices and denouncing certain enterprises, such as the Cameroon Railway (CAMRAIL), for refusing to their employees any weekly rest. The Committee requests the Government to reply to the comments of the UGTC.

Moreover, the Committee regrets that the Government’s report leaves most of the previous comments practically unanswered. It is therefore obliged to reiterate its request for detailed information on the following matters.

Articles 2 and 4 of the Convention. While noting that, under section 1(2) of Order No. 22/MTLS/DEGRE of 27 May 1969, enterprises in the transport sector are subject to special regulations with respect to weekly rest, the Committee requests the Government to indicate the weekly rest arrangements applicable in the maritime or air transport and railway companies and to transmit a copy of any relevant instrument.

Article 6, paragraph 1. The Committee requests the Government to indicate whether the Ministerial Order, referred to in section 88(2) of the Labour Code, to prescribe the procedure for implementing weekly rest has already been issued, and if so, to transmit a copy of that text.

Article 6, paragraph 4. The Committee would appreciate receiving information on the manner in which the traditions and customs of religious minorities are respected with regard to weekly rest.

Article 7, paragraph 2. The Committee requests the Government to specify whether all persons to whom special weekly rest schemes apply by virtue of section 3 of Order No. 22/MTLS/DEGRE are entitled to a compensatory rest of at least 24 hours for each period of seven days.

Article 8, paragraph 3. The Committee recalls its previous comments in which it noted that sections 10 to 12 of Order No. 22/MTLS/DEGRE permitting derogations from the general standard on weekly rest without compensatory rest but against overtime pay in the case of urgent work, rescue or repair work, and work to prevent the loss of perishable goods, are in contradiction with section 88(1) of the Labour Code which provides that weekly rest is compulsory and may under no circumstances be replaced by a compensatory allowance. The Government has indicated in previous reports that the National Labour Consultative Committee would consider proposals with a view to revising the relevant provisions and instituting compensatory rest as a general obligation for any type of work performed on a day of weekly rest. Recalling once more that, according to this Article of the Convention, the rest period cannot be replaced by the payment of compensation but must be granted regardless of any such cash compensation, the Committee requests the Government to indicate any progress made in this regard.

Article 12. The Committee requests the Government to indicate whether the National Collective Agreement for Commerce of 1979 is still in effect and whether any of its provisions have since been revised.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 2(c) and 4, paragraph 1, of the Convention. The Committee requests the Government to supply the texts of the national legislation or other arrangements on weekly rest as regards maritime, air transport and railway establishments.

Article 6, paragraph 1. The Committee requests the Government to indicate whether under section 88, paragraph 2, of the Labour Code of 1992, the Minister in charge of Labour has issued an order to prescribe the procedure for implementing weekly rest according to paragraph 1 of section 88 of this Code.

Article 6, paragraph 4. The Committee would appreciate receiving information on the manner in which the traditions and customs of religious minorities are respected with regard to weekly rest.

Article 7, paragraph 1. Exemptions permitting work on Sundays for certain categories of establishments due to the nature of the service performed are laid down in sections 3-6 of Order No. 22 of 27 May 1969. Sunday work must be authorized by the Minister of Labour in close cooperation with the Labour Inspection. From the Government’s report it is not clear, whether in these cases measures have been taken by the competent authority or through the appropriate machinery to apply special weekly rest schemes, regard being paid to all proper social and economic considerations. The Government is, therefore, requested to indicate particulars of such measures taken or envisaged.

Article 7, paragraph 2. Please indicate whether all persons to whom special weekly rest schemes apply are entitled to a compensatory rest of at least 24 hours for each period of seven days.

Article 7, paragraph 3. The Committee requests the Government to indicate whether there are branches of establishments subject to special weekly rest schemes, which branches would, if independent, be subject to the provisions of Article 6 of the Convention granting a minimum uninterrupted weekly rest of 24 hours in the course of each period of seven days.

Article 7, paragraph 4. The Committee notes that the employers’ and workers’ organizations represented in the National Labour Council were in favour of the adoption of Order No. 22 of 27 May 1969. The Convention, however, calls for consultations with the representative employers’ and workers’ organizations concerned on any measures regarding the application of the provisions of paragraphs 1, 2 and 3 of this Article, i.e. in all cases in which special weekly rest schemes are introduced. The Committee requests the Government to indicate the methods adopted or envisaged for this kind of consultation.

Article 8, paragraph 2. The Government is requested to indicate measures taken or envisaged for the consultation of the representative employers’ and workers’ organizations on temporary exemptions from the entitlement to weekly rest, as provided by Articles 6 and 7 of the Convention, in the event of abnormal pressure of work or in order to prevent the loss of perishable goods.

Article 8, paragraph 3. Section 88, paragraph 1, of the Labour Code expressly provides for an uninterrupted weekly rest period of at least 24 hours in the course of one week which "may under no circumstances be replaced by a compensatory allowance" (in cash). On the other hand, sections 10 and 12 of Order No. 22/MTLS/DEGRE of 27 May 1969 permit derogations from weekly rest without compensatory rest, in contradiction to the Labour Code and the Convention. The Government has indicated in its report that efforts are undertaken to institute compensatory rest for temporary derogations. Please provide information on whether weekly rest regulations, which are inconsistent with the Code and the Convention, have been repealed.

Furthermore, section 40(2) of the National Collective Agreement on Commerce only stipulates financial remuneration for overtime work performed on a weekly rest day or a bank holiday. The Government may wish, in accordance with section 52(2) and (5) of the Labour Code, to draw the attention of the social partners concerned to the fact that under Article 8(3) of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory, regardless of financial compensation, and to appeal to the negotiating parties to bring the agreement in line with the Convention and section 88(1) of the Labour Code.

Article 9 stipulates that there shall be no reduction of the income of persons covered by the Convention as a result of the application of measures taken in accordance with the Convention, wherever wages are regulated by laws and other regulations or subject to the control of the administrative authorities. The Committee would be grateful if the Government would indicate whether such regulations or wage controls exist.

Article 11(a). The Government is requested to supply lists of categories of persons or types of establishments subject to special weekly rest schemes as provided in Article 7.

Article 11(b). The Government is requested to indicate the circumstances in which temporary exemptions from weekly rest may be granted in accordance with Article 8.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that the 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 direct request, which read as follows:

The Committee notes the detailed information provided in the Government’s report for the period ending June 2001. It also notes the issuance of the Labour Code - Law No. 92/007 of 14 August 1992. The Committee requests the Government to provide additional information, in its next report, on the following points.

Articles 2(c) and 4, paragraph 1. The Committee requests the Government to supply the texts of the national legislation or other arrangements on weekly rest as regards maritime, air transport and railway establishments.

Article 6, paragraph 1. The Committee requests the Government to indicate whether under section 88, paragraph 2 of the Labour Code of 1992, the Minister in charge of Labour has issued an order to prescribe the procedure for implementing weekly rest according to paragraph 1 of section 88 of this Code.

Article 6, paragraph 4. The Committee would appreciate receiving information on the manner in which the traditions and customs of religious minorities are respected with regard to weekly rest.

Article 7, paragraph 1. Exemptions permitting work on Sundays for certain categories of establishments due to the nature of the service performed are laid down in sections 3-6 of Order No. 22 of 27 May 1969. Sunday work must be authorized by the Minister of Labour in close cooperation with the Labour Inspection. From the Government’s report it is not clear, whether in these cases measures have been taken by the competent authority or through the appropriate machinery to apply special weekly rest schemes, regard being paid to all proper social and economic considerations. The Government is, therefore, requested to indicate particulars of such measures taken or envisaged.

Article 7, paragraph 2. Please indicate whether all persons to whom special weekly rest schemes apply are entitled to a compensatory rest of at least 24 hours for each period of seven days.

Article 7, paragraph 3. The Committee requests the Government to indicate whether there are branches of establishments subject to special weekly rest schemes, which branches would, if independent, be subject to the provisions of Article 6 of the Convention granting a minimum uninterrupted weekly rest of 24 hours in the course of each period of seven days.

Article 7, paragraph 4. The Committee notes that the employers’ and workers’ organizations represented in the National Labour Council were in favour of the adoption of Order No. 22 of 27 May 1969. The Convention however calls for consultations with the representative employers’ and workers’ organizations concerned on any measures regarding the application of the provisions of paragraphs 1, 2 and 3 of this Article, i.e., in all cases in which special weekly rest schemes are introduced. The Committee requests the Government to indicate the methods adopted or envisaged for this kind of consultation.

Article 8, paragraph 2. The Government is requested to indicate measures taken or envisaged for the consultation of the representative employers’ and workers’ organizations on temporary exemptions from the entitlement to weekly rest as provided by Articles 6 and 7 of the Convention in the event of abnormal pressure of work or in order to prevent the loss of perishable goods.

Article 8, paragraph 3. Section 88, paragraph 1 of the Labour Code expressly provides for an uninterrupted weekly rest period of at least 24 hours in the course of one week which "may under no circumstances be replaced by a compensatory allowance" (in cash). On the other hand, sections 10 and 12 of Order No. 22/MTLS/DEGRE of 27 May 1969 permit derogations from weekly rest without compensatory rest, in contradiction to the Labour Code and the Convention. The Government has indicated in its report that efforts are undertaken to institute compensatory rest for temporary derogations. Please provide information on whether weekly rest regulations, which are inconsistent with the Code and the Convention, have been repealed.

Furthermore, section 40(2) of the National Collective Agreement on Commerce only stipulates financial remuneration for overtime work performed on a weekly rest day or a bank holiday. The Government may wish, in accordance with section 52(2) and (5) of the Labour Code, to draw the attention of the social partners concerned to the fact that under Article 8(3) of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory, regardless of financial compensation, and to appeal to the negotiating parties to bring the agreement in line with the Convention and section 88(1) of the Labour Code.

Article 9 stipulates that there shall be no reduction of the income of persons covered by the Convention as a result of the application of measures taken in accordance with the Convention, wherever wages are regulated by laws and other regulations or subject to the control of the administrative authorities. The Committee would be grateful if the Government would indicate whether such regulations or wage controls exist.

Article 11(a). The Government is requested to supply lists of categories of persons or types of establishments subject to special weekly rest schemes as provided in Article 7.

Article 11(b). The Government is requested to indicate the circumstances in which temporary exemptions from weekly rest may be granted in accordance with Article 8.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the detailed information provided in the Government’s report for the period ending June 2001. It also notes the issuance of the Labour Code - Law No. 92/007 of 14 August 1992. The Committee requests the Government to provide additional information, in its next report, on the following points.

Articles 2(c) and 4, paragraph 1. The Committee requests the Government to supply the texts of the national legislation or other arrangements on weekly rest as regards maritime, air transport and railway establishments.

Article 6, paragraph 1. The Committee requests the Government to indicate whether under section 88, paragraph 2 of the Labour Code of 1992, the Minister in charge of Labour has issued an order to prescribe the procedure for implementing weekly rest according to paragraph 1 of section 88 of this Code.

Article 6, paragraph 4. The Committee would appreciate receiving information on the manner in which the traditions and customs of religious minorities are respected with regard to weekly rest.

Article 7, paragraph 1. Exemptions permitting work on Sundays for certain categories of establishments due to the nature of the service performed are laid down in sections 3-6 of Order No. 22 of 27 May 1969. Sunday work must be authorized by the Minister of Labour in close cooperation with the Labour Inspection. From the Government’s report it is not clear, whether in these cases measures have been taken by the competent authority or through the appropriate machinery to apply special weekly rest schemes, regard being paid to all proper social and economic considerations. The Government is, therefore, requested to indicate particulars of such measures taken or envisaged.

Article 7, paragraph 2. Please indicate whether all persons to whom special weekly rest schemes apply are entitled to a compensatory rest of at least 24 hours for each period of seven days.

Article 7, paragraph 3. The Committee requests the Government to indicate whether there are branches of establishments subject to special weekly rest schemes, which branches would, if independent, be subject to the provisions of Article 6 of the Convention granting a minimum uninterrupted weekly rest of 24 hours in the course of each period of seven days.

Article 7, paragraph 4. The Committee notes that the employers’ and workers’ organizations represented in the National Labour Council were in favour of the adoption of Order No. 22 of 27 May 1969. The Convention however calls for consultations with the representative employers’ and workers’ organizations concerned on any measures regarding the application of the provisions of paragraphs 1, 2 and 3 of this Article, i.e., in all cases in which special weekly rest schemes are introduced. The Committee requests the Government to indicate the methods adopted or envisaged for this kind of consultation.

Article 8, paragraph 2. The Government is requested to indicate measures taken or envisaged for the consultation of the representative employers’ and workers’ organizations on temporary exemptions from the entitlement to weekly rest as provided by Articles 6 and 7 of the Convention in the event of abnormal pressure of work or in order to prevent the loss of perishable goods.

Article 8, paragraph 3. Section 88, paragraph 1 of the Labour Code expressly provides for an uninterrupted weekly rest period of at least 24 hours in the course of one week which "may under no circumstances be replaced by a compensatory allowance" (in cash). On the other hand, sections 10 and 12 of Order No. 22/MTLS/DEGRE of 27 May 1969 permit derogations from weekly rest without compensatory rest, in contradiction to the Labour Code and the Convention. The Government has indicated in its report that efforts are undertaken to institute compensatory rest for temporary derogations. Please provide information on whether weekly rest regulations, which are inconsistent with the Code and the Convention, have been repealed.

Furthermore, section 40(2) of the National Collective Agreement on Commerce only stipulates financial remuneration for overtime work performed on a weekly rest day or a bank holiday. The Government may wish, in accordance with section 52(2) and (5) of the Labour Code, to draw the attention of the social partners concerned to the fact that under Article 8(3) of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory, regardless of financial compensation, and to appeal to the negotiating parties to bring the agreement in line with the Convention and section 88(1) of the Labour Code.

Article 9 stipulates that there shall be no reduction of the income of persons covered by the Convention as a result of the application of measures taken in accordance with the Convention, wherever wages are regulated by laws and other regulations or subject to the control of the administrative authorities. The Committee would be grateful if the Government would indicate whether such regulations or wage controls exist.

Article 11(a). The Government is requested to supply lists of categories of persons or types of establishments subject to special weekly rest schemes as provided in Article 7.

Article 11(b). The Government is requested to indicate the circumstances in which temporary exemptions from weekly rest may be granted in accordance with Article 8.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes 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 direct request, which reads as follows:

The Committee notes, according to the information provided by the Government in its report and the provisions of sections 10 to 12 of Order No. 22 of 27 May 1969, inserted into Chapter II "Derogations from the principle of weekly rest", section I "Derogations from compensatory rest", that the weekly rest period may be suspended without compensatory rest in the event of urgent work, such as the prevention of imminent accidents, repairs following accidents, saving harvests or perishable goods and, with a maximum of six suspensions per year, in enterprises authorized to work overtime hours. The Committee draws the Government's attention to the provisions of Article 8, paragraph 3, of the Convention, under which, where temporary exceptions are made under the conditions set out in paragraphs 1 and 2 of the same Article, compensatory rest shall be granted of a total duration at least equivalent to the period provided for under Article 6. The Committee requests the Government to indicate the measures which have been taken or are envisaged to bring the provisions of the legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's reports for the periods ending 30 June 1992 and 30 June 1993 do not contain any information on the application of the Articles of the Convention. The Committee trusts that the Government will supply its first report (requested since 1990) for examination by the Committee at its next session, containing all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.

The Government is asked to report in detail by 1 September 1995, at the latest.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes, according to the information provided by the Government in its report and the provisions of sections 10 to 12 of Order No. 22 of 27 May 1969, inserted into Chapter II "Derogations from the principle of weekly rest", section I "Derogations from compensatory rest", that the weekly rest period may be suspended without compensatory rest in the event of urgent work, such as the prevention of imminent accidents, repairs following accidents, saving harvests or perishable goods and, with a maximum of six suspensions per year, in enterprises authorized to work overtime hours. The Committee draws the Government's attention to the provisions of Article 8, paragraph 3, of the Convention, under which, where temporary exceptions are made under the conditions set out in paragraphs 1 and 2 of the same Article, compensatory rest shall be granted of a total duration at least equivalent to the period provided for under Article 6. The Committee requests the Government to indicate the measures which have been taken or are envisaged to bring the provisions of the legislation into conformity with the Convention.