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

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

Articles 5 and 7 of the Convention. Compensatory rest – Posting of notices. With reference to its previous comments, the Committee notes the Government’s statement that the Labour Code and its enabling texts are undergoing review by the National Assembly and that the requirements set in Article 7 of the Convention concerning the posting of notices at places of work showing days and hours of weekly rest will be taken into account during the review. The Committee points out that Article 7 of the Convention seeks not only to inform workers of the weekly rest arrangements applying to them, but also to facilitate supervision of the application of such arrangements, and requests the Government to keep the Office informed of all progress made in revising the Labour Code and to send a copy of the new text once it has been adopted. Furthermore, in the interests of certainty in law, the Committee requests the Government to provide expressly, in the revised text, that the compensation provided for in section 3(4) of Order No. 035/MFPTRA/DC/SGM/DT/SRT of 24 June 1998, setting out arrangements for the application of weekly rest where work is performed on the day of weekly rest, takes the form of compensatory rest and not monetary compensation.

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

Article 5 of the Convention. Compensatory rest. The Committee notes that, under section 3 of Order No. 035/MFPTRA/DC/SGM/DT/SRT of 24 June 1998 on weekly rest, in case of temporary exceptions to the normal weekly rest scheme (i.e. urgent work due to an accident or maintenance of equipment), workers performing work on the day of weekly rest are entitled to monetary compensation. The Committee requests the Government to indicate the measures taken or envisaged to provide workers as far as possible in such cases with compensatory rest, as provided for in this Article of the Convention.

Article 7. Posting of notices. Further to its previous comments on this point, the Committee notes the Government’s explanations that, in the absence of a specific legislative provision requiring the posting of notices at the workplace to keep the workers informed of the days and hours of weekly rest, it focuses on raising awareness among employers about the need to notify their personnel of the weekly rest arrangement applicable to them. The Committee invites once again the Government to consider the possibility of adopting at the first suitable occasion an appropriate legislative provision to this effect, as required by this Article of the Convention.

Part V of the report form. Application in practice. The Committee would appreciate if the Government would make an effort to collect and communicate up to date information concerning the practical application of the Convention, including, if possible, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of general or sectoral collective agreements containing clauses on weekly rest, etc.

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

Article 7 of the Convention. The Committee requests the Government to inform it of any progress achieved under the intended amendment of the Labour Code in respect of the obligation of employers to notify collective weekly rest by means of notices posted conspicuously in the establishment and, in case of individually applicable systems of rest, by means of a roster.

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

Articles 4 and 6 of the Convention. The Committee notes that the Government’s report, for the purposes of designating activities subject to special systems of weekly rest, refers to the general terms "by reason of the nature of the enterprise’s activities" used in sections 2 and 3 of Order No. 35/MFPTRA/DC/SGM/DT/SRT of 24 June 1998 determining the provisions for the application of weekly rest. It wishes to point out that such general wording can cover a considerable number of categories of establishments. Only if the legislation enumerates strictly the establishments subject to special systems could a reference to such enumeration be considered satisfactory for the purposes of Article 6 of the Convention. In cases where, however, as is the case under sections 2 and 3 of the above Order, broad powers are conferred upon the competent authorities to submit categories of establishments determined in general terms to special systems, information has to be communicated, in accordance with Article 6, paragraph 1, of the Convention, on the use made of this facility. The Government is therefore requested to provide with its next report a list of the exceptions made and to provide full particulars in accordance with the report form adopted by the Governing Body.

Article 7. The Committee notes that section 141 of Act No. 98-004 of 27 January 1998 issuing the Labour Code only provides for the posting of notices specifying hours of work, but not weekly rest. However, the mere posting of hours of work does not appear to be sufficient to determine the granting of weekly rest, particularly in the case of establishments which, by virtue of special systems, remain open on the day normally devoted to weekly rest. Under special systems, it is also necessary to organize systematically the procedures for granting weekly rest so as to permit effective inspection. The Committee requests the Government to indicate, in accordance with Article 7 of the Convention, the manner in which national law and practice ensure that each employer is subject to the obligations relating to the posting of days and hours of rest for all employees, and rosters of special systems of rest.