Weekly Rest (Industry) Convention, 1921 (No. 14) - Faroe Islands

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 5 of the Convention. Compensatory rest. In its previous comment, the Committee noted that as it presently reads, the Working Environment Time Act does not provide for compensatory rest for those workers who would perform Sunday work occasionally or exceptionally, as permitted under sections 44–45 of the Act. In its reply, the Government indicates that the Faroese Government is currently considering this matter and that legislative changes will be made, if deemed necessary, to ensure that mandatory compensatory rest is granted when exemptions are made to the rule of 24-hour rest every week. The Committee requests the Government to keep the Office informed of any progress made in this regard, and to transmit the text of any revised or additional provision of the Working Environment Time Act once it has been adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4, paragraph 1, of the Convention. Total or partial exceptions. The Committee notes that the Government’s report does not contain any new information in response to the points raised in the last direct request. It therefore recalls its previous comment in which it expressed the view that section 45(1),(2) of the Working Environment Act No. 70 of 2000 provides for exceptions to the principle of Sunday weekly rest in such generally worded terms that may be open to abuse. More concretely, the Act provides for deviations from weekly rest based on the approval of the Working Environment Authority when the performance of the work makes it impossible to postpone, or special working methods make deviations reasonable, and even without prior approval when it has proved impossible to obtain the required approval on time. Noting that, as prescribed by this Article of the Convention, when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee again requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that, under section 45(4) of the Working Environment Act, the Minister can deviate from the rules on 24-hour rest days in competence fields or special work disciplines where special circumstances make it necessary. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken and, if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70/2000.

Article 5. Compensatory rest. The Committee notes that, under section 43(2) of the Working Environment Act, compensatory rest within a week seems to be limited to the case of rest lost as a result of regular Sunday work, therefore not covering occasional or temporary exceptions permitted under sections 44–45 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest. The Committee accordingly requests the Government to provide additional explanations in this respect.

Article 7. Posting of notices. The Committee once again draws the Government’s attention to the fact that the Working Environment Act does not contain any provision giving effect to the specific requirement laid down in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest either by means of notices posted at the workplace or by means of a roster drawn up in accordance with an approved method depending on whether the rest period is granted to the whole of the staff collectively or not. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. Application in practice. The Committee notes that the Government has practically never supplied general information on the practical application of the Convention. It therefore requests the Government to provide all available information on the manner in which the Convention is applied in practice, including for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.

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

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 read as follows:

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1, of the Convention. The Committee notes the Government’s reference to sections 44‑46 of Act No. 70 of 11 May 2000 on working environment as giving effect to the requirements of the Convention. The Committee notes, however, that the wording of certain exceptions, in particular, those provided for in case the type of work makes it impossible to delay, or special work methods make derogations reasonable, is not sufficiently precise and might lead to abuse. While recalling that when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70.

Article 5. The Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the exceptions permitted under sections 44-46 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest.

Article 7. The Committee notes that Act No. 70 does not contain any provision giving effect to the specific requirements set out in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest by the posting of notices where the rest is granted collectively, or by means of a roster where the workers are subject to a special rest scheme. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee requests the Government to provide any available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.

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

The Committee notes the information contained in the Government’s last report.

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1, of the Convention. The Committee notes the Government’s reference to sections 44-46 of the Act No. 70 of 11 May 2000 on working environment as giving effect to the requirements of the Convention. The Committee notes, however, that the wording of certain exceptions, in particular, those provided for in case the type of work makes it impossible to delay, or special work methods make derogations reasonable, is not sufficiently precise and might lead to abuse. While recalling that when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70.

Article 5. The Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the exceptions permitted under sections 44-46 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest.

Article 7. The Committee notes that Act No. 70 does not contain any provision giving effect to the specific requirements set out in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest by the posting of notices where the rest is granted collectively, or by means of a roster where the workers are subject to a special rest scheme. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee requests the Government to provide any available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.