Weekly Rest (Industry) Convention, 1921 (No. 14) - Central African Republic (Ratification: 1960)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.14, C.52 and C.101

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry), 52 (holidays with pay) and 101 (holidays with pay in agriculture) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions – Compensatory rest. In reply to the Committee’s previous comment, the Government indicates in its report that weekly rest is generally observed on Sundays but that because of the particular nature of certain activities, workers may sometimes take this rest on another day. The Government adds that Order No. 838/ITT of 22 November 1953 governing weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of establishments automatically subject to weekly rest are being revised and are currently being reviewed by the Standing National Labour Council (CNPT). The Committee requests the Government to continue to provide information on the process of revision of Order No. 838/ITT and Decree No. 63-311 and to provide a copy of the new legislation, once adopted.

Holidays with pay

Article 8 of Convention No. 52 and Article 10 of Convention No 101. System of supervision and sanctions. In reply to the Committee’s previous comment, the Government indicates that sections 389 (fines for failure to comply with the applicable provisions on paid leave) and 392 (custodial sentences) of the Labour Code will be strengthened in the new version of the Labour Code, which is being revised. The Committee requests the Government to continue to provide information on the process of revision of the Labour Code, in particular with regard to preventive and punitive measures to ensure the full application of both Conventions, and to provide a copy of the new Labour Code, once adopted.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes the adoption of Law No. 009.004 of 29 January 2009 concerning the Labour Code which essentially reproduces, in articles 273 to 279, the provisions of the previous Labour Code on weekly rest. The Committee notes in particular that section 277 of the new code allows weekly rest to be granted by rotation or collectively on days other than Sunday and foresees an order setting up a list of establishments which are automatically subject to weekly rest by rotation.In this regard, the Committee requests the Government to clarify whether Order No. 838/ITT of 22 November 1953 governing weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of establishments automatically subject to weekly rest by rotation – to which the Government referred until its report submitted in 1986 – are still in force.

The Committee also requests the Government to indicate the conditions under which total or partial exceptions from the normal weekly scheme may be granted to industrial establishments and to specify whether compensatory rest periods may be granted in case of such exceptions.

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

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes the adoption of Law No. 009.004 of 29 January 2009 concerning the Labour Code which essentially reproduces, in articles 273 to 279, the provisions of the previous Labour Code on weekly rest. The Committee notes in particular that section 277 of the new code allows weekly rest to be granted by rotation or collectively on days other than Sunday and foresees an order setting up a list of establishments which are automatically subject to weekly rest by rotation. In this regard, the Committee requests the Government to clarify whether Order No. 838/ITT of 22 November 1953 governing weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of establishments automatically subject to weekly rest by rotation – to which the Government referred until its report submitted in 1986 – are still in force.

The Committee also requests the Government to indicate the conditions under which total or partial exceptions from the normal weekly scheme may be granted to industrial establishments and to specify whether compensatory rest periods may be granted in case of such exceptions.

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

Articles 4 and 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee notes the Government’s statement to the effect that staff delegates often negotiate with the employers with regard to exceptions to the weekly rest period, whether total or partial. It also notes that, in continuous plants, such as food-manufacturing plants, employers grant rest periods of two–three days to compensate for suspensions. The Committee requests the Government to supply more information on the use made to date of the provisions of section 127 of the Labour Code and more generally on the conditions under which total or partial exceptions are granted to industrial undertakings. In this regard, the Committee requests the Government to indicate whether Order No. 838/ITT of 22 November 1953 regulating weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of undertakings authorized to provide weekly rest on a rotation basis and setting conditions for the granting of weekly rest to domestic staff – to which the Government made reference until its 1986 report – are still in force or have been amended in the meantime and, if so, to send copies of any new legislation concerned. The Committee would also be grateful if the Government would supply copies of collective agreements containing clauses on any suspensions or diminutions of weekly rest and compensatory rest periods.

Parts III, IV and V of the report form. Inspections, court decisions and practical application of the Convention. The Committee notes the Government’s statement to the effect that the country is facing serious difficulties in the areas of labour inspection, the publication of court decisions that have been issued and the compilation of statistics concerning the practical application of the Convention, owing to a lack of logistical resources. The Committee hopes that the Government will do everything possible to improve the collection and transmission of information regarding the working of the labour inspection services and the judicial authorities and also any other information enabling an evaluation to be made of the actual application of the Convention in practice.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.