Weekly Rest (Industry) Convention, 1921 (No. 14) - Gabon (Ratification: 1960)

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

Article 2 of the Convention. Entitlement to weekly rest. The Committee notes that the arrangements for the application of section 183 of the Labour Code, which provides for a weekly rest period of at least 24 consecutive hours, are fixed by regulation and sectoral collective agreement, according to the needs of the occupation or sector of activity. The Committee notes, however, that the Office has not received copies of the collective agreements referred to in the Government’s report. The Committee therefore requests the Government once again to send copies of the collective agreements for industry and for the inland waterway and dock sectors and of any other sectoral collective agreement still in force which governs weekly rest.

Articles 4 and 5. Total or partial exceptions to the weekly rest scheme. The Committee notes the adoption of Decree No. 0933/PR/MTEPS establishing the daily distribution of weekly working hours, which stipulates that statutory working time is 40 hours per week, spread over five days, from Monday to Friday, except for enterprises that work around the clock or those for which social considerations necessitate a different distribution of hours. The Committee also notes that section 7 of the Decree provides that sectoral and/or enterprise agreements will, where necessary, complement certain practical arrangements which are necessary for applying statutory working hours. The Committee therefore requests the Government to provide further information on the application of section 7 of Decree No. 0933/PR/MTEPS and to send copies, if applicable, of any sectoral and/or enterprise agreement governing these practical arrangements, particularly in the transport sector and in dock cargo handling activities and operations.

Furthermore, the Committee notes that Decree No. 726/PR/MTEFP of 29 June 1998 implementing section 165 of the Labour Code, which seems to be still in force, provides for the possibility of exceptions to statutory working hours, for example in branches of activity regularly subject to seasonal fluctuations on account of the conditions in which they operate, with a view to enabling the performance of preparatory or complementary work, or in the case of urgent work to prevent accidents or to deal with abnormal pressure of work. The Committee requests the Government to indicate whether the normal weekly rest period comprising at least 24 consecutive hours in industrial undertakings may be subject to exceptions and, if so, to indicate the measures taken or contemplated to provide, as far as possible, for a compensatory period of rest.

Finally, the Committee notes Order No. 00000208/MTE of 4 April 2007, establishing a special system of exceptions to statutory working hours on sites for oil and gas exploration and production and allied activities. The said Order nevertheless safeguards the worker’s right to a weekly rest period of at least 24 consecutive hours. The Committee also notes that section 5 of the order provides that the procedures for implementation of the weekly rest period shall be determined by enterprise collective agreements or accords. The Committee therefore requests the Government to provide further information on the application of section 5 of Order No. 00000208/MTE and to send copies, where applicable, of any collective agreement or collective accord that governs procedures for implementation.

Article 7. Rosters and notices. The Committee notes the Government’s indications that the collective agreements in force require the provision of notice boards in each undertaking to display communications of a strictly occupational nature, for example weekly rest. However, the Committee notes that the Office has not received the copy of the employer’s roster to which the Government refers in its report. The Committee therefore requests the Government to send a copy of any relevant collective agreement and of any employers’ rosters indicating the manner in which effect is given to this Article of the Convention.

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

Article 2 of the Convention. Right to weekly rest. The Committee notes that, under section 183 of the Labour Code, Decrees Nos 726/PR/MTEFP and 728/PR/MTEFP of 29 June 1998 establish the arrangements for the application of specific weekly rest schemes for certain sectors. Furthermore, it notes that the period of weekly rest is also determined by many collective agreements. It requests the Government to provide a copy of the collective agreement for the industrial sector. The Committee also asks the Government to provide more detailed information on the application of the Convention in the road, rail and internal waterways transport sector, and in ports, and to provide copies of any applicable collective agreement that is in force.

Articles 4 and 5. Total or partial exceptions to the weekly rest scheme. The Committee notes, under the terms of section 14 of Decree No. 726/PR/MTEFP of 29 June 1998, the statutory duration of actual work may be extended, particularly in the case of urgent work to prevent accidents or to deal with exceptional cases of pressure of work. The Committee requests the Government to indicate whether the normal weekly rest scheme can be affected by these exceptions and, if so, to explain how effect is given to the provision of the Convention requiring the granting of compensatory periods of rest, as far as possible, in cases of the suspension or diminution of the period of weekly rest.

Article 7. Rosters and notices. The Committee requests the Government to indicate the manner in which effect is given to this Article of the Convention. It also requests the Government to provide, if possible, model rosters and notices.

Part V of the report form. Practice application. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the legislation giving effect to the Convention, extracts from the reports of the inspection services indicating the number of violations of the rules respecting the period of weekly rest that have been reported and the sanctions adopted in this respect, copies of relevant collective agreements, etc.

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

In reply to the Committee’s previous comments, the Government indicates that the collective agreement of 22 June 1983 related to the urban transport sector, and the collective agreement of 12 December 1985 related to work on docks, seas and rivers, each refer to the internal regulations each undertaking may provide on the distribution of daily and weekly working hours.

Articles 2, 4, 5 and 6 of the Convention. The practice, indicated by the Government, that, in the urban transport sector and in operations connected with dock work and transport on inland waterways, it is at the discretion of each employer to determine the extent to which rest periods are granted to workers, appears to imply the possibility of abuses. The Committee therefore asks the Government for clarification on the measures by which it ensures that compensatory rest periods are granted, as far as possible, where exceptions from the normal weekly rest scheme of not less than 24 continuous hours in the course of each period of seven days are made.

The Committee further requests the Government to include information on the transport of passengers or goods by road other than urban transport and transport by rail.

Please also supply a list of the exceptions made, indicating separately: (a) the total exceptions; and (b) the partial exceptions, distinguishing in the latter case suspensions and diminutions and giving as much information as possible regarding such suspensions and diminutions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 1 of the Convention. The Committee notes the promulgation of Act No. 12/2000 of 12 November 2000 amending Act No. 3/94 of 21 November 1994 concerning the Labour Code. It also notes the abrogation of Decree No. 140/PR/MTERHFP of 14 February 1990 by Decree No. 728/PR/MTEFP of 29 June 1998 establishing the distribution of weekly hours of work. The Committee points out that section 3 of that Decree states that it does not apply to establishments with non stop operations or to those for which social implications necessitate a different distribution, in particular the transport sector and activities and operations connected with dock work. The Government also indicates in its report that the industrial sector is separate from agriculture and commerce inasmuch as each of these sectors is regulated by a collective agreement laying down specific provisions concerning hours of work. Hence the industrial sector is jointly regulated by the abovementioned Decree No. 728 and the collective agreement relating to industrial undertakings. The Committee asks the Government to send a copy of the said collective agreement with its next report and indicate the provisions governing weekly rest in the transport sector and in activities and operations connected with dock work.