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Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)

 2018-HTI-C001-En
  • Hours of Work (Industry) Convention, 1919 (No. 1)
  • Weekly Rest (Industry) Convention, 1921 (No. 14)
  • Hours of Work (Commerce and Offices) Convention, 1930 (No. 30)
  • Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)

    • A Government representative assured the Committee of the full and complete cooperation of the Haitian delegation, emphasizing his appreciation of the work of the ILO supervisory bodies, which were a source of inspiration and a reference for States in relation to labour standards. The Government had noted the comments of the Committee of Experts on the application by Haiti of the working time Conventions that had been ratified. With reference to the national context, he recalled that in recent years the country had suffered many natural disasters and political crises, which had had an impact on the regular operation of the institutions responsible for the formulation and implementation of the State’s social policy, and especially the Ministry of Social Affairs and Labour (MAST). At the economic level, the situation was precarious, with an official unemployment rate of nearly 35 per cent of the active population and falling economic growth. The Government that had been in office since May 2017 had set as its specific objectives mass job creation to combat unemployment, national economic recovery, the reinforcement of social dialogue, the achievement of the objectives of sustainable development and the promotion of social justice, as set out in the ILO Constitution. For that purpose, emphasis had been placed on the subcontracting sector, which was vital for the national economy. It was with a view to the rapid promotion of mass job creation that Parliament had adopted in 2017 an Act to organize and regulate work over a period of 24 hours divided into three eight-hour segments. Through the Act, the Government intended to adapt the labour situation to contemporary realities. While establishing the principle of the eight-hour working day and the 48-hour week, the Act permitted, where necessary, through agreement between the employer and the employee, and in accordance with national and international labour standards, the normal eight-hour day to be exceeded, without the total number of hours worked exceeding 48 in a week. The eight-hour day remained the centrepiece of Haitian working time legislation. The system of three time segments introduced in all sectors had only been designed with a view to increasing the dynamism of the national economy and strengthening production through the availability of machines, which could create a greater number of jobs and employment for the benefit of the population as a whole. In principle, the Act took into account the protection, health and safety of workers within the spirit of the Conventions ratified by Haiti. By placing the responsibility upon employers of ensuring the good health and recuperation of workers, and by requiring enterprises to make available to them health and catering services in accordance with the law, the Haitian legislator had established safeguards which would be supplemented by regulations with a view to improving the protection and safeguarding workers against any form of abusive exploitation. Having taken due note of the observations of the Committee of Experts and the social partners, the Government was prepared to continue the discussions in a tripartite framework with ILO assistance with a view to identifying an agreed working-time regime adapted to the reality in Haiti. With reference to labour inspection, the Government recognized the importance of a competent body of labour inspectors in ensuring effective compliance with the provisions of the Labour Code. For that purpose, efforts had been made and cooperation with the ILO had made it possible to reinforce the capacities of the labour inspection services, which currently had seven stable inspectors and around 40 resource persons who occasionally fulfilled the functions of inspectors and conciliators. A project for a “call centre” to facilitate the reception of individual complaints from anyone who might have been a victim in their workplace had been delayed by a series of practical requirements related to confidentiality and the reliability of the services provided by local telephone operators. Several programmes coordinated by the ILO were making a useful contribution in the country, such as the Better Work Programme and the Employment Intensive Investment Programme (EIIP). However, despite the Government’s efforts, the country was still fragile and cooperation projects needed to be designed and executed with a view to having a lasting impact on the population. They should be aimed at the strengthening of social dialogue and the rapid creation of decent sustainable jobs to generate income for the most underprivileged population categories. For these reasons, the Government called for the strengthening of ILO cooperation on such fundamental issues as social protection, action to combat child labour, vocational training and other relevant subjects which lay within the competence of the Organization. The Government considered that social dialogue was a fundamental element in pursing the objectives of peace and economic growth. The encouragement of the social partners to resolve disputes through peaceful means remained a priority of the Government, which welcomed the conclusion of an agreement in March 2018 between the six principal workers’ organizations in the country and the employers. The Government also noted the significant number of reports on the application of Conventions and Recommendations which were due from Haiti. Measures were being taken at the level of the relevant body with a view to fulfilling these international obligations as rapidly as possible. ILO technical assistance would be requested on that specific issue. Finally, he emphasized that there was no intention by the Government to be in violation of the ILO Conventions to which Haiti was a party, including the working-time instruments. The difficulties that arose in relation to the 2017 Act would be addressed by the Government through tripartite discussions. The agreement reached between unions and employers in March 2018 offered a solid basis for such initiatives.

    The Employer members first noted that it would be helpful if the Committee of Experts provided a clear indication on why cases were double-footnoted. They considered that this case, which concerned the adoption of the Act organizing and regulating work over a 24-hour period divided into three segments of eight hours (Act on working time), was timely as it took place two days after the discussion of the 2018 General Survey on working time instruments. Working time was an issue subject to constant changes and requiring regular adaptation to new realities. Enhancements in technology and communications were changing the traditional time and space dimensions at work, and the organization of working time was of fundamental importance for productivity, performance, competitiveness, sustainability and the ability to create jobs by enterprises. With regard to Conventions Nos 1 and 30 on hours of work, they referred to the 2005 General Survey on hours of work, according to which: “Conventions Nos 1 and 30 do not fully reflect modern realities in the regulation of working time. In fact, there are elements of the Conventions that are clearly outdated. … In general, these two instruments are viewed by an increasing number of countries as prescribing overly rigid standards. The ‘fixed’ working hours system adopted by both Conventions as a cornerstone for the regulation of working time conflicts with today’s demands for more flexibility.” With regard to Conventions Nos 14 and 106 on weekly rest, these had been considered by the ILO Governing Body as up to date and were more widely ratified. This was particularly the case for Convention No. 14 which was a relatively flexible instrument in that it allowed almost unconditioned total or partial exceptions to the normal weekly rest day, as well as exceptions to compensation where it was not possible to grant the weekly rest days. On the other hand, Convention No. 106 allowed exceptions to weekly rest under much stricter conditions and did not foresee exceptions regarding the provision of compensation. They noted that, as the decree of application of the Act on working time had not yet been published, the articles of the Labour Code regarding working time continued to apply in the country. They encouraged the Government to ensure that working time regulation was discussed in the framework of the comprehensive reform of the Labour Code with a view to ensuring conformity with ratified Conventions. They considered that, in the event that the new and emerging realities of the labour market in Haiti required a change in legislation that went against the provisions of the Conventions in question, the Government should consider denouncing these Conventions to avoid a lack of conformity with its international obligations. Finally, they noted with deep concern that, for the fifth consecutive year, the reports due on all ratified Conventions had not been received. They urged the Government to avail itself of ILO technical assistance before 1 September 2018, with a view to submitting without delay the reports due to the Committee of Experts, including on Conventions Nos 1, 14, 30 and 106.

    The Worker members recalled that the issue of working time lay at the heart of the employment relationship and was addressed in the founding treaty of the ILO and the Declaration of Philadelphia, which proclaimed that work was not a commodity. The establishment of decent limits to working time preserved the dignity of workers and allowed them to find meaning in their occupational activity. The question of working time gave rise to several major challenges for workers, such as their purchasing power, the reconciliation of work and private life, security, health and well-being. It was fundamental for clear and strict regulations on working time to be adopted and strictly enforced in order to be able to guarantee decent work. The tripartite partners in the ILO had always been convinced of the need for the regulation of working time. It was for that reason that the Organization had adopted many instruments setting certain limits on working time. The Committee needed to ensure that member States made every effort to give effect to those standards. In the case under examination, the Government had gone beyond certain limits set out in the international labour standards on working time. The various measures taken had had the effect of increasing working time in practice and departed from the Reduction of Hours of Work Recommendation, 1962 (No. 116). In Haiti, a large proportion of the population was seeking employment and the introduction of reforms intended to lengthen the working time of workers who were already active would not promote the effective distribution of the work that was available. The recent legislative reform had repealed provisions regulating exceptions from the principles of the eight-hour day, normal working hours and the provision of weekly rest of 24 consecutive hours, to be given in preference on Sunday and at the same time for all workers in the same establishment. As a result of these various measures, Haitian legislation was no longer in conformity with the Conventions that had been ratified. The new legislation also provided that an employer and a worker could agree to exceptions at the individual level from the principle of the eight-hour working day, without specifying the maximum daily working time, and that workers negotiated their hours of work on an individual basis. As the employment relationship was fundamentally asymmetric, it was essential for provisions on working time to be negotiated collectively, not individually. Moreover, the absence of a framework to limit possible exceptions to normal working hours led to the belief that overtime could be carried out without due reason or limits, contrary to the provisions of Conventions Nos 1 and 30. That would compromise the objective of Recommendation No. 116 to achieve a social standard of the 40-hour week. The new legislation also had the effect that unions no longer needed to be consulted and that the Labour Department of the Ministry of Social Affairs and Labour no longer had to give authorization on a number of issues relating to possible exceptions to working time provisions. That was in violation of the provisions of Conventions Nos 1 and 30. With reference to the lack of resources of the labour inspection services, the Worker members recalled that Conventions Nos 30 and 106 provided that States shall adopt appropriate measures to ensure the effective enforcement of the rules on working time through adequate inspection. They added that Haiti had also ratified the Labour Inspection Convention, 1947 (No. 81). The Government therefore needed to ensure that the inspection services had adequate personnel and that inspectors received appropriate training on working-time issues and were allocated sufficient financial and material resources. The development of statistics was also essential so as to be able to target sectors where abuses were likely in relation to working time. Noting that the great majority of economic activity in Haiti was in the informal economy, where workers were particularly exposed to abuses, the Worker members emphasized that it was necessary to ensure that the inspection services had the competence to enforce the legislation on working time in the informal economy. In the case of workers in export processing zones (EPZs), although they generally benefited from more formal employment relationships, they were also subject to many abuses. EPZs were an important source of employment in the country and it was necessary to ensure compliance with working-time regulations in such zones. It was to be regretted that the reform of the working-time provisions had been undertaken without any consultation of representative unions and outside the process of the global reform of the Labour Code that was currently being undertaken with ILO assistance, and which the Government had undertaken to finalize by July 2015 within the framework of the Decent Work Country Programme covering the period 2015–20. The new working-time legislation had been adopted to general surprise by Parliament in a night sitting. Nor did the reform take into account in any way the agreement that had been obtained in the context of the overall reform of the Labour Code, which had now ground to a standstill. It was therefore necessary to reaffirm that social dialogue and collective bargaining had a fundamental role to play in the development of working-time rules that were supported by the social partners and, through them, a large part of society. The reform, which had been forced through by the Government and approved unilaterally by a fringe of employers’ organizations, was not supported by the workers. Attempts to pass over opposition in silence endangered the democratic order in Haiti and the Government was therefore called upon to make a firm commitment to ratify the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Worker members also shared the deep concern of the Committee of Experts at the reporting failures of the Government, which needed to ensure compliance with its constitutional obligations. It was also to be regretted that, due to the delay in the designation of the Haitian delegation, the titular Haitian Workers’ delegate had not been able to take part in the examination of the case. That amounted to negligence by the Government with respect to its obligations towards the ILO and a complaint had been lodged with the Credentials Committee. The Worker members condemned the threats and pressure to which trade unionists were subjected in Haiti. The Government needed to take every measure to ensure an environment that was conducive to the free expression of trade union views and the safety of all trade union activists so that they could exercise their activities in full freedom and without fear of reprisals so that the democratic order in Haiti could be safeguarded. The Worker members regretted that the Employer members had encouraged the Government to denounce ratified working-time Conventions and had challenged the relevance of the international labour standards on working time. The examination of an individual case by the Committee could not be used to assess the pertinence of the standards under examination and must be confined to assessing their correct application in the law and practice of the country concerned. The Worker members recalled the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, which clearly indicated that the ILO’s current standards on working time remained relevant and should be promoted in order to facilitate decent work.

    The Employer member of Malawi, speaking on behalf of the Employer member of Haiti in her absence, noted that, while the provisions of the new Act on working time were not as precise as the repealed provisions of the Labour Code, enterprises were obliged to respect the provisions of Conventions Nos 1, 14, 30 and 106 ratified by Haiti since those provisions were legally binding and took precedence over domestic laws by virtue of article 276-2 of the Haitian Constitution. Moreover, the application decree of the Act on working time having not yet been published, the articles of the Labour Code still applied in Haiti. The speaker considered that Conventions Nos 1 and 30 on hours of work did not fully reflect the modern realities of working time. The low rates of ratification of these two Conventions were due to the increased need for flexibility in today’s work environment. Countries reverted more frequently to collective or individual labour agreements to address their specific needs on working time. The speaker indicated that, while awaiting the promulgation of the new Labour Code, the Employers in Haiti were determined to continue to engage in tripartite dialogue with a view to adopting the operational framework necessary to ensure conformity with the international instruments ratified by Haiti. He seized the opportunity to thank the ILO for the continuous technical support provided to Haiti and for its role as facilitator in the tripartite dialogue conducted to resume the work on the reform of the Labour Code.

    The Worker member of Haiti said that the current situation in the world of work in Haiti was a matter of great concern. Referring in particular to domestic work and the informal economy, he denounced the existence of unfair working conditions in relation to working time, the right to annual leave and prior notice in the event of dismissal. With regard to the situation of security officers and workers in subcontracting enterprises in the textile sector, he deplored the absence of fixed working hours and the refusal of employers to pay overtime, with the complicity of the Government. He drew the Committee’s attention to the blatant violation of Conventions Nos 1, 14, 30 and 106 on working hours, as well as Convention No. 81. The labour inspectorate in Haiti lacked resources and capacity. Although the ILO had contributed to building the capacity of a group of inspectors, they were often prevented from acting in a neutral manner and were subject to significant pressures. The new Act, adopted at the initiative of the employers, demonstrated the Government’s disregard for its ILO commitments. It allowed employers to force men and women workers to work overtime, which resulted in cases of serious abuse, such as the exertion of psychological pressure and the emergence of forced labour. The Government had decided unilaterally to amend the Labour Code by repealing certain provisions, even though it had requested and obtained ILO technical assistance in the context of the overall reform of the Code, and the finalization of the reform had been identified as a priority in terms of the results to be achieved under the Decent Work Country Programme. The Haitian trade unions called for the resumption of the process of reforming the Labour Code, which must respect the spirit and terms of Conventions Nos 1, 14, 30 and 106 with regard to working time. He hoped that the commitments made in the recent agreement signed under the auspices of the ILO would be respected, and requested the ILO to ensure the close and strict follow-up of the application by Haiti of the ratified Conventions on working time.

    The Government member of Bulgaria speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Montenegro, Serbia, the former Yugoslav Republic of Macedonia and Norway, noted the timeliness of the discussion of this case following the debate on the General Survey on working time instruments. Working hours and rest periods were central to the employment relationship and had important consequences for both workers and employers. Haiti was the largest recipient of bilateral EU development assistance in Latin America and the Caribbean. The speaker recalled the commitment made by Haiti under the Cotonou Agreement (the framework for cooperation with the EU) to respect democracy, the rule of law and human rights principles. She noted with great concern that the new Act repealed most of the provisions of the Labour Code giving effect to the ratified Conventions on working time and that it did not give effect to important matters covered by these Conventions, including on central issues such as the maximum number of working hours per day and the principle of weekly rest. She also expressed concern over the observations of the Confederation of Public and Private Sector Workers (CTSP) regarding non-observance in practice of the provisions of the Labour Code respecting hours of work and weekly rest as well as the absence of resources of the labour inspection services to take effective action to combat violations. The Government was urged to complete the reform of the Labour Code in consultation with the social partners and to ensure that it was in full conformity with ILO Conventions. The Government was also requested to ensure in practice that workers benefit from the protection afforded by Conventions on working time and to take the necessary measures to carry out labour inspections to make this protection effective. The Government was strongly encouraged to continue to avail itself of ILO technical assistance and to comply with its reporting obligations. The EU and its Member States would continue to support Haiti in its efforts to comply with ILO Conventions.

    An observer representing the International Trade Union Confederation (ITUC) drew attention to the Decent Work Country Programme, signed by the Haitian Government, employers, workers and the ILO in 2015, the first intended outcome of which was to resume the process of revising the Labour Code, which should have been completed by 31 July 2015. Instead, the Act organizing and regulating work over a 24-hour period divided into three segments of eight hours had been adopted in August 2017. The Act violated the fundamental principles of work and jeopardized the conformity of domestic legislation with international standards on the subject. The strict regulation of working time guaranteed a decent life and a good work–life balance, protected health, prevented forced labour and ensured remuneration that was in keeping with the effort made. The adoption of the new Act on working time therefore represented a major backward step and disregarded the work undertaken within the framework of the ILO and the commitments made in terms of social dialogue and tripartism. The Act was having a serious impact, particularly on the most vulnerable workers. The negotiation of working time on an individual and non-collective basis opened the door, in practice, to the strengthening of the unlimited power of employers, greater employer pressure to increase working time and penalties for workers who did not agree to submit to the needs of enterprises. The situation was a matter of even more concern as the labour inspectorate was not functional, lacked capacity and resources, and was sometimes corrupt. Furthermore, the Act removed the requirement for the consultation of trade unions on issues relating to possible exemptions from working-time rules. The Act also violated the principle of weekly rest and drastically reduced wage levels. He regretted the complacent attitude of the Government, which had decided to team up with the employers in violating international Conventions, and called on the Government to respect the fundamental rights of workers, and particularly to resume the process of reforming the Labour Code, in accordance with the agreements concluded.

    The Worker member of the Dominican Republic drew attention to the fact that industrial relations in Haiti were not in compliance with important ILO Conventions. When a country had high levels of unemployment and poverty, job creation tended to be prioritized over decent work. However, decent work was a means of overcoming poverty. When workers in the maquila sector or export processing zones called for genuine labour reform, such as the reform that was currently blocked in Haiti, many believed that they were deterring foreign investment. However, any investment based on the poverty of workers did not make sense and should be rejected. He called on the Government to respect the Conventions and proceed with the labour reforms, without submitting to the rules respecting labour conditions imposed by enterprises, which were in breach of ILO Conventions.

    The Worker member of Italy recalled that, after obtaining ILO technical assistance for the reform of the Labour Code, Haiti had concluded its Decent Work Country Programme (DWCP) 2015–20, within the framework of tripartite negotiations under the auspices of the ILO. Although the DWCP envisaged that the reform of the Labour Code would be completed by July 2015, the Government had preferred to adopt an Act establishing a 24-hour working day divided into three eight-hour segments. The Act repealed several sections of the Labour Code, strengthened the power of employers and did not regulate overtime. The Act, which was in breach of all the ILO Conventions on working time, removed the requirement to consult representative trade unions when making decisions on working time and abandoned the principle of weekly rest. Furthermore, the loss of the 50 per cent pay supplement for night work and, in general, the increase in working time had resulted in dramatic reductions in wages, plunging workers and their families into even greater poverty. Although, in the context of ILO technical assistance, the labour inspection services had received technical training and capacity building, the inefficiencies of the Ministry of Social Affairs and Labour and the lack of resources had rendered the labour inspectorate powerless in relation to employers. She denounced the failures of the Government in relation to fundamental labour rights and its disregard for its obligations under ILO Conventions. She called on the Government to resume the process of reforming the Labour Code, in full compliance with the principles of tripartism.

    An observer representing IndustriALL Global Union stated that for workers in the Haitian garment industry, ILO standards on working hours and the 48-hour working week were unfortunately meaningless concepts. They were working long hours in order to survive on starvation wages. When overtime was paid, it was almost always below the legal rate. The failure of the Government to uphold international standards and national laws was giving factories and their multinational customers free reign to steal wages and the lives from some of the world’s poorest workers. The introduction of the new Act on working time, which repealed existing standards on overtime, weekly rest, Sunday pay and night time rates, only made matters worse. In May of 2017, the workers of 22 garment factories went on strike to demand higher wages. Dozens of union leaders and members had yet to be reinstated, and were even blacklisted, in spite of very clear recommendations following an investigation by the ILO’s Better Work Programme. Finally, the speaker stated that without better wages and respect for workers and union rights, the ILO Conventions on hours of work would remain on the wish list and there would be no lasting social peace in Haiti’s garment industry.

    The Worker member of Uruguay considered that addressing the case of the compliance by Haiti with the working-time Conventions from a technical point of view and asking Haitian workers to adapt to new working hours was to deny the existence of a humanitarian tragedy. He believed that the solution to the problems lay in social dialogue. He indicated that it was necessary to help Haiti to resume social dialogue with the objective of achieving decent work. He called for the case to be addressed from that perspective.

    The Government representative noted the constructive spirit in which the remarks and recommendations had been made during the discussion. He reiterated the Government’s determination to respect its international commitments and to pursue tripartite dialogue. As the decree to implement the new Act had not yet been published, an agreed solution was still possible. The agreement signed between the social partners in March 2018 was an ideal framework for continuing discussions. He requested ILO technical assistance to support that process.

    The Worker members welcomed the Government’s determination to take action to bring its legislation on working time into line with international Conventions and expressed the hope that this determination would lead to concrete action in practice. Working-time issues were fundamental. The following action could usefully be taken by the Government to bring its law and practice into conformity with the international Conventions on working time. Firstly, guaranteeing consultation with all representative social partners for any revision of the regulation of working time with a view to bringing it into conformity with Conventions Nos 1, 14, 30 and 106. Following the agreement reached in March 2018 with the social partners with a view to resuming social dialogue, consultation with all the social partners could usefully be undertaken within the framework of the comprehensive reform of the Labour Code that had been interrupted. That would allow the Government to fulfil its commitment made in the Decent Work Country Programme 2015–20 to complete the global reform. The Worker members called on the Government to resume that process in close collaboration with the ILO. The Government should work in conjunction with the social partners on several issues. Accordingly, and without exceptions in the legislation, it was necessary to apply and enforce the principle of an eight-hour working day and to declare illegal the exceptions applied in practice. Furthermore, a limitative list of cases in which overtime was justified should be reintroduced, along with limits on overtime. The disappearance from the Labour Code of any explicit mention of the principle of the minimum period of weekly rest of at least 24 consecutive hours, which should wherever possible be on Sunday and granted simultaneously to all workers in the same establishment, constituted a failure to comply with the obligations set out in the Convention. That principle should therefore be reintroduced into the Labour Code. The Government must provide, in law and practice, for consultation with the social partners on any proposed reform of those issues. The possibility for individual negotiations between a worker and an employer on exceptions to the maximum working day should be removed from the legislation. Individual bargaining on such important matters as working time was extremely sensitive in view of the fundamentally asymmetric nature of the contract of employment, with the employer having authority over the worker. Inspection services were essential to ensure that working-time legislation was respected in practice. The inspection services should therefore be provided with sufficient staff and material and financial resources. Adequate training for inspectors on working time and international standards was also essential. The Government should respect and ensure respect for the independence of the inspection services. Particular attention should also be given to regulating working time in the informal economy and export processing zones, where a large majority of Haitians worked, by ensuring that inspection services were competent to enforce the legislation in such zones. The case showed that the absence of a report from a Government did not mean that it could escape the ILO supervisory bodies. The Worker members called on the Government to submit its reports in accordance with its constitutional obligations. The violence and intimidations reported against trade union activists were unacceptable. The Worker members urged the Government to bring an end to any acts of intimidation towards trade union representatives in Haiti, carry out thorough investigations and impose effective and dissuasive penalties on those responsible. It was important for trade union activists to be able to carry out their activities freely and without fear of reprisal. In order to implement all those recommendations, the Government was strongly urged to request technical assistance from the Office. In response to the comment that the low number of ratifications of the Conventions under consideration could be due to the fact that they lacked flexibility, the Worker members emphasized that it was more indicative of the need for a large-scale ratification campaign for those Conventions, which had been adopted on a tripartite basis, to make member States aware of the principles that they contained and the flexibility of the instruments.

    The Employer members stated that it was clear that Haiti was not immune to the realities of a changing world of work, which required more modern, flexible and responsive regulating measures. They wished to make clear that, far from encouraging the Government not to comply with ratified Conventions, Haiti needed to comply with all international obligations voluntarily assumed. They pointed out that the only way for a Government to escape compliance with a ratified Convention was to denounce the Convention when the window for denunciation opened. They urged the Government to continue with the reform process, in collaboration with social partners and under the guidance of the ILO, in order to comply with its obligations under ratified Conventions. Finally, they urged the Government to seek technical assistance from the ILO to rectify the situation of serious failure to comply with its reporting obligations.

    Conclusions

    The Committee took note of the information provided by the Government representative and the discussion that followed. The Committee expressed concern over a number of legislative provisions stipulated in the 2017 Act on working time, which are not in conformity with the ratified Conventions on working time. The Committee noted that the application decree of the new law has not been published and that the Labour Code continues to apply. The Committee noted with regret that the comprehensive reform of the Labour Code has not been finalized.

    Taking into account the Government’s submissions and the discussion of the case that followed, the Committee urged the Government to:

    - review in consultation with the most representative employers and workers organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time;

    - strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; and

    - report to the Committee of Experts on these measures.

    The Committee calls on the Government to avail itself of technical assistance to address these matters. The Committee calls on the Government to submit without delay all the reports due to the Committee of Experts and include a detailed report on the measures taken to implement these conclusions to the next meeting of the Committee of Experts in November 2018.

    The Government representative said that the Haitian delegation had taken due note of the discussions and conclusions adopted by the Conference Committee and shared the view of the Committee of Experts in its report that working hours and the organization of work can have a profound influence, not only on the quality of work, but also on the private life of workers, their “physical and mental health and well-being … their safety at work and during the transit to and from their homes, and their earnings”. The Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act of 7 August 2017 on working time, the Government was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations to specify its scope. The Government was also aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018, taking into account the Office’s recommendations.

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

    Previous comment

    While noting the difficult situation in the country, the Committee observes that the Government’s reports on the application of Conventions Nos 1, 14, 30 and 106, which have been due since 2020, have not been received. In view of the urgent appeal that it made to the Government in 2022, the Committee will proceed with the examination of the application of these Conventions on the basis of the information at its disposal.
    In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.
    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2023.
    Legislation. The Committee notes the adoption of the Decree of 7 June 2023 withdrawing the Act of 17 to organize and regulate work over a 24-hour period, divided into three eight-hour segments. In accordance with section 2 of the Decree, sections 96 to 108 of the Labour Code, respecting hours of work, and sections 120 to 122, defining and regulating night work, are brought back into force and are applicable. In this regard, the CTSP indicates in its observations that, in view of the absence of Parliament, the Government decided to adopt the Decree after consulting the most representative workers’ and employers’ organizations. The CTSP adds that as the Decree has only been adopted recently, it is not yet possible to evaluate objectively the real application of the legislation on working time.
    The Committee notes with regret that, since the adoption of the conclusions of the Committee on the Application of Standards of the International Labour Conference at its 107th Session in 2018, the Government has not yet provided information on the specific measures adopted to ensure compliance with certain of the provisions of these Conventions. While welcoming the adoption of the Decree of 7 June 2023, the Committee requests the Government to provide information on the measures adopted to ensure compliance with the working time Conventions, including through the application of the above Decree. It once again requests the Government to take immediate measures to strengthen the labour inspection services and other relevant enforcement mechanisms with a view to ensuring that workers benefit from the protection set out in these Conventions.
    The Committee hopes that the Government will take the above comments into consideration and will provide updated information in good time on the measures adopted for this purpose.

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

    The Committee notes the joint observations of the Confederation of Haitian Workers (CTH) and of the Confederation of Public and Private Sector Workers (CTSP) received on 2 November 2022 on the application of the Conventions.
    The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it will proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
    In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.
    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018, the Association of Haitian Industries (ADIH), received on 31 August 2018, and the International Trade Union Confederation (ITUC), received on 1 September 2018.
    Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)
    The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee), including with regard to the impact of the 2017 Act to organizing and regulating work over a 24-period divided into three segments of eight hours (hereinafter: Act on working time) on the application of the ratified Conventions on working time. In its conclusions, the Conference Committee asked the Government to: (i) review in consultation with the most representative employers’ and workers’ organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time; (ii) strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; (iii) report to the Committee of Experts on these measures; and (iv) avail itself of technical assistance to address these matters.
    The Committee notes that, at the end of the discussion in the Conference Committee, the Government recalled that the Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution of Haiti, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act on working time, the Government indicated that it was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations. The Government also indicated that it was aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018 signed by the social partners, taking into account the Office’s recommendations.
    Furthermore, the Committee notes that the CTSP, in its observations, expresses regret at the lack of progress on working time issues since the discussion in the Conference Committee. However, the CTSP indicates that discussions on the reform of the Labour Code have resumed. The Committee also notes that the ADIH confirms that tripartite discussions on the reform of the Labour Code resumed in August 2018. According to the ADIH, the Act on working time should be repealed and the employers’ and workers’ organizations should be consulted on the application of the Conventions ratified in this field. The Committee further notes that the ITUC refers to the discussion of the case during the Conference Committee and indicates in particular that: (i) the Act on working time, which liberalizes the regulations on this subject, is giving rise to serious abuses; (ii) the Act was adopted without consultation and outside the process of negotiation of a new Labour Code; and (iii) the situation is aggravated by the lack of resources for labour inspection. The ITUC refers in particular to: (i) workers in the informal economy and in domestic work who are subjected to indecent working conditions in terms of both working time and leave entitlement; (ii) security personnel and subcontracted workers in the textile sector, where there is a regrettable lack of fixed working hours and a refusal by employers to pay overtime; and (iii) workers in export processing zones who are particularly subjected to abuses. The Committee requests the Government to send its comments on all the above observations.
    Lastly, the Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance to help it, inter alia, to submit the reports due, to strengthen the inspection services, to consolidate social dialogue with a view to pursuing social reforms, and to address the other matters raised by the Conference Committee. The Government also indicates that it hopes to receive this assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be made available without delay.The Committee requests the Government to provide detailed information on the results of the planned technical assistance, and also on the measures taken to ensure the effective application in law and practice of the ratified Conventions on working time.
    The Committee expects that the Government will make every effort to take the necessary action in the near future.

    Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

    The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
    Repetition
    In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.
    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018, the Association of Haitian Industries (ADIH), received on 31 August 2018, and the International Trade Union Confederation (ITUC), received on 1 September 2018.

    Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

    The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee), including with regard to the impact of the 2017 Act to organizing and regulating work over a 24-period divided into three segments of eight hours (hereinafter: Act on working time) on the application of the ratified Conventions on working time. In its conclusions, the Conference Committee asked the Government to: (i) review in consultation with the most representative employers’ and workers’ organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time; (ii) strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; (iii) report to the Committee of Experts on these measures; and (iv) avail itself of technical assistance to address these matters.
    The Committee notes that, at the end of the discussion in the Conference Committee, the Government recalled that the Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution of Haiti, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act on working time, the Government indicated that it was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations. The Government also indicated that it was aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018 signed by the social partners, taking into account the Office’s recommendations.
    Furthermore, the Committee notes that the CTSP, in its observations, expresses regret at the lack of progress on working time issues since the discussion in the Conference Committee. However, the CTSP indicates that discussions on the reform of the Labour Code have resumed. The Committee also notes that the ADIH confirms that tripartite discussions on the reform of the Labour Code resumed in August 2018. According to the ADIH, the Act on working time should be repealed and the employers’ and workers’ organizations should be consulted on the application of the Conventions ratified in this field. The Committee further notes that the ITUC refers to the discussion of the case during the Conference Committee and indicates in particular that: (i) the Act on working time, which liberalizes the regulations on this subject, is giving rise to serious abuses; (ii) the Act was adopted without consultation and outside the process of negotiation of a new Labour Code; and (iii) the situation is aggravated by the lack of resources for labour inspection. The ITUC refers in particular to: (i) workers in the informal economy and in domestic work who are subjected to indecent working conditions in terms of both working time and leave entitlement; (ii) security personnel and subcontracted workers in the textile sector, where there is a regrettable lack of fixed working hours and a refusal by employers to pay overtime; and (iii) workers in export processing zones who are particularly subjected to abuses. The Committee requests the Government to send its comments on all the above observations.
    Lastly, the Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance to help it, inter alia, to submit the reports due, to strengthen the inspection services, to consolidate social dialogue with a view to pursuing social reforms, and to address the other matters raised by the Conference Committee. The Government also indicates that it hopes to receive this assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be made available without delay. The Committee requests the Government to provide detailed information on the results of the planned technical assistance, and also on the measures taken to ensure the effective application in law and practice of the ratified Conventions on working time.
    The Committee hopes that the Government will make every effort to take the necessary action in the near future.

    Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

    The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
    Repetition
    In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.
    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018, the Association of Haitian Industries (ADIH), received on 31 August 2018, and the International Trade Union Confederation (ITUC), received on 1 September 2018.

    Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

    The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee), including with regard to the impact of the 2017 Act to organizing and regulating work over a 24-period divided into three segments of eight hours (hereinafter: Act on working time) on the application of the ratified Conventions on working time. In its conclusions, the Conference Committee asked the Government to: (i) review in consultation with the most representative employers’ and workers’ organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time; (ii) strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; (iii) report to the Committee of Experts on these measures; and (iv) avail itself of technical assistance to address these matters.
    The Committee notes that, at the end of the discussion in the Conference Committee, the Government recalled that the Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution of Haiti, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act on working time, the Government indicated that it was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations. The Government also indicated that it was aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018 signed by the social partners, taking into account the Office’s recommendations.
    Furthermore, the Committee notes that the CTSP, in its observations, expresses regret at the lack of progress on working time issues since the discussion in the Conference Committee. However, the CTSP indicates that discussions on the reform of the Labour Code have resumed. The Committee also notes that the ADIH confirms that tripartite discussions on the reform of the Labour Code resumed in August 2018. According to the ADIH, the Act on working time should be repealed and the employers’ and workers’ organizations should be consulted on the application of the Conventions ratified in this field. The Committee further notes that the ITUC refers to the discussion of the case during the Conference Committee and indicates in particular that: (i) the Act on working time, which liberalizes the regulations on this subject, is giving rise to serious abuses; (ii) the Act was adopted without consultation and outside the process of negotiation of a new Labour Code; and (iii) the situation is aggravated by the lack of resources for labour inspection. The ITUC refers in particular to: (i) workers in the informal economy and in domestic work who are subjected to indecent working conditions in terms of both working time and leave entitlement; (ii) security personnel and subcontracted workers in the textile sector, where there is a regrettable lack of fixed working hours and a refusal by employers to pay overtime; and (iii) workers in export processing zones who are particularly subjected to abuses. The Committee requests the Government to send its comments on all the above observations.
    Lastly, the Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance to help it, inter alia, to submit the reports due, to strengthen the inspection services, to consolidate social dialogue with a view to pursuing social reforms, and to address the other matters raised by the Conference Committee. The Government also indicates that it hopes to receive this assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be made available without delay. The Committee requests the Government to provide detailed information on the results of the planned technical assistance, and also on the measures taken to ensure the effective application in law and practice of the ratified Conventions on working time.
    The Committee is raising other matters in a request addressed directly to the Government.
    The Committee hopes that the Government will make every effort to take the necessary action in the near future.

    Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

    In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.
    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018, the Association of Haitian Industries (ADIH), received on 31 August 2018, and the International Trade Union Confederation (ITUC), received on 1 September 2018.

    Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

    The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee), including with regard to the impact of the 2017 Act to organizing and regulating work over a 24-period divided into three segments of eight hours (hereinafter: Act on working time) on the application of the ratified Conventions on working time. In its conclusions, the Conference Committee asked the Government to: (i) review in consultation with the most representative employers’ and workers’ organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time; (ii) strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; (iii) report to the Committee of Experts on these measures; and (iv) avail itself of technical assistance to address these matters.
    The Committee notes that, at the end of the discussion in the Conference Committee, the Government recalled that the Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution of Haiti, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act on working time, the Government indicated that it was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations. The Government also indicated that it was aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018 signed by the social partners, taking into account the Office’s recommendations.
    Furthermore, the Committee notes that the CTSP, in its observations, expresses regret at the lack of progress on working time issues since the discussion in the Conference Committee. However, the CTSP indicates that discussions on the reform of the Labour Code have resumed. The Committee also notes that the ADIH confirms that tripartite discussions on the reform of the Labour Code resumed in August 2018. According to the ADIH, the Act on working time should be repealed and the employers’ and workers’ organizations should be consulted on the application of the Conventions ratified in this field. The Committee further notes that the ITUC refers to the discussion of the case during the Conference Committee and indicates in particular that: (i) the Act on working time, which liberalizes the regulations on this subject, is giving rise to serious abuses; (ii) the Act was adopted without consultation and outside the process of negotiation of a new Labour Code; and (iii) the situation is aggravated by the lack of resources for labour inspection. The ITUC refers in particular to: (i) workers in the informal economy and in domestic work who are subjected to indecent working conditions in terms of both working time and leave entitlement; (ii) security personnel and subcontracted workers in the textile sector, where there is a regrettable lack of fixed working hours and a refusal by employers to pay overtime; and (iii) workers in export processing zones who are particularly subjected to abuses. The Committee requests the Government to send its comments on all the above observations.
    Lastly, the Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance to help it, inter alia, to submit the reports due, to strengthen the inspection services, to consolidate social dialogue with a view to pursuing social reforms, and to address the other matters raised by the Conference Committee. The Government also indicates that it hopes to receive this assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be made available without delay. The Committee requests the Government to provide detailed information on the results of the planned technical assistance, and also on the measures taken to ensure the effective application in law and practice of the ratified Conventions on working time.
    [The Government is asked to reply in full to the present comments in 2020.]

    Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017, regarding the application of the ratified Conventions on working time. It notes that these observations reiterate the points already raised by the CTSP in 2015 and 2016, particularly regarding the non-observance in practice of the provisions of the Labour Code respecting hours of work and weekly rest and the absence of resources of the labour inspection services to take effective action to combat violations, including in the informal sector.
    The Committee also notes the adoption of the Act organizing and regulating work over a 24-hour period divided into three segments of eight hours (the Act on working time) which was published in the official journal Le Moniteur on 21 September 2017. As this new Act has an effect on the application of all the Conventions ratified by Haiti on working time, namely Conventions Nos 1 and 30 (hours of work) and 14 and 106 (weekly rest), the Committee considers it appropriate to examine them in a single comment.
    The Committee notes that the new Act repeals most of the provisions of the Labour Code which were giving effect to the ratified Conventions on working time, and particularly:
    • -section 96 which, while establishing the principle of eight hours of work a day and 48 per week, authorized the variable distribution of hours of work over a week, within the limit of nine hours a day in industrial establishments and ten hours a day in commercial establishments and offices; these limits were in conformity with those provided for in Article 2(b) of Convention No. 1 (industry) and Article 4 of Convention No. 30 (commerce and offices);
    • -sections 97, 98 and 101–104 which provided for possible exceptions to normal hours of work (regulation and limits for overtime); these exceptions were generally in conformity with Articles 3–6 of Convention No. 1 and Articles 5–7 of Convention No. 30; and
    • -section 107, which established a minimum weekly rest period of 24 consecutive hours to be granted preferably on Sunday and simultaneously to the whole staff of an establishment, in conformity with Article 2 of Convention No. 14 (industry) and Article 6 of Convention No. 106 (commerce and offices).
    The Committee notes that, with the adoption of the Act on working time, the new national legislative framework on hours of work and weekly rest is reduced to the brief content of the following sections of the Act:
    • -section 2 which, while providing that the normal duration of work remains eight hours a day and 48 hours a week, provides that “the employer and the employee may decide and agree, depending on the needs and on agreement between the parties in conformity with national and international labour standards, to exceed the normal limit of eight hours of work a day, without exceeding 48 hours of work a week”;
    • -section 3, which provides for a paid break from work of at least half an hour;
    • -section 4 respecting the remuneration of overtime hours and their recording for monitoring and inspection purposes; and
    • -section 5, which establishes that workers shall freely negotiate the work schedule which suits them.
    In this respect, the Committee notes with concern that the new Act does not give effect to a number of important matters covered by the ratified Conventions on working time, in particular:
    • -the maximum number of hours of work per day is no longer defined in the new Act, while Article 2(b) of Convention No. 1 and Article 4 of Convention No. 30 provide for a limit of nine hours a day in industrial establishments and ten hours a day in commercial establishments and offices;
    • -the possible exceptions from normal hours of work are no longer regulated, while Articles 3–6 of Convention No. 1 and Articles 5–7 of Convention No. 30 provide for specific regulation and limits for overtime; and
    • -the principle of weekly rest is no longer explicitly recognized, while Article 2 of Convention No. 14 and Article 6 of Convention No. 106 provide for a minimum of 24 consecutive hours in every period of seven days.
    Moreover, given the formulation of section 5 of the new Law, the Committee considers it necessary to recall the importance of national legislation and practice restricting recourse to exceptions to the double cumulative limit established in the Conventions, namely eight hours in the day and 48 hours in the week, to cases of clear, well-defined and limited circumstances such as accident, real or threatened, force majeure or urgent work to be done to plant or machinery (see General Survey of 2018 on working time instruments, paragraph 119).
    Furthermore, the Committee notes with regret that the new Act has been adopted while, at the same time, the comprehensive reform of the Labour Code which has been under discussion for several years and for which ILO technical assistance has been received, has not been finalized.
    The Committee notes with deep concern that the Government’s reports have not been received.
    The Committee urges the Government to take immediate measures to ensure that workers benefit from the protection afforded by the ratified Conventions on working time. It further urges the Government to take measures to carry out inspections to ensure that this protection is effective in practice. It expects that the Government will renew its efforts to complete the reform of the Labour Code and that it will be in full conformity with the Conventions ratified by the country, particularly on working time. Lastly, the Committee expects that the next reports will contain full particulars on the subject.
    [The Government is asked to supply full particulars to the Conference at its 107th Session and to reply in full to the present comments in 2018.]

    Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

    The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 31 August 2015. The CTSP indicates, inter alia, that in practice, the legislation on hours of work and weekly rest, contained in sections 95 et seq. of the Labour Code, is often not observed and that there is no labour inspectorate to impede the irregularities reported. The Committee notes with regret that the Government’s report has not been received. It further notes that the strengthening of institutions and the labour administration is an important aspect of the Labour Code reform that resumed in 2011 and is still underway. Pending the conclusion of this reform and its implementation, the Committee requests the Government to take measures to ensure that the legal provisions on hours of work and weekly rest are applied in practice. It requests the Government to provide information on the measures taken in this regard, particularly the penalties imposed under section 133 of the Labour Code establishing a fine for non-observance.

    Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

    The Committee notes with regret 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 comments.
    Repetition
    The Committee notes that in 2007 the Government embarked on a reform of the Labour Code in cooperation with the Tripartite Consultation and Arbitration Committee and that it is awaiting proposals in this connection from the employers’ and workers’ organizations. It requests the Government to keep the Office informed of all developments in this regard.
    Article 1 of the Convention. Scope of application. Mines and quarries. The Committee notes that sections 293–296 and section 300 of the Labour Code establish specific rules on working hours in mines and quarries. It notes in particular that the weekly hours of work of these employees have been reduced to 40 hours. The Committee requests the Government to indicate whether, besides the provisions on weekly hours of work, sections 95 to 106 of the Labour Code, which establish general rules on working hours, also apply to workers in mines and quarries.
    Road transport. The Committee notes that pursuant to section 285(2) of the Labour Code, workers engaged in driving vehicles who perform their services for two or several communes and, in general, all those who work aboard such vehicles, are not subject to the normal daily hours of work. It draws the Government’s attention to the fact that the transport of passengers or goods by road, without distinction, is one of the industrial undertakings to which the Convention applies. The Committee hopes that the Government will shortly take steps to amend the Labour Code so as to extend the scope of the Code’s provisions on hours of work to the workers referred to in section 285(2) of the Code.
    Article 2. Daily hours of work. Drivers of private vehicles and railway workers. The Committee notes that pursuant to sections 285(3) and 287 of the Labour Code, the hours of work of workers engaged in driving private vehicles in the service of a person or members of the person’s family, may exceed eight hours a day subject to a weekly maximum of 48 hours. It notes that this rule also applies to persons performing services for railway companies. The Committee recalls, however, that Article 2 of the Convention sets a double limit – daily and weekly – to the working hours of persons falling within its scope, including drivers of private vehicles and persons employed by railway companies. The Committee hopes that the Government will shortly limit to eight hours the normal daily working hours of the workers covered by section 285(3) and section 287 of the Labour Code, and that it will define in a manner consistent with Articles 2, 3, 5 and 6 of the Convention the conditions in which exemptions from this rule would be authorized.
    Article 6(1)(a). Permanent exceptions. Intermittent work. The Committee notes that under section 285 of the Labour Code workers engaged in driving vehicles who perform intermittent services and, in general, all those who work aboard such vehicles, are not subject to the normal daily hours of work. It notes that section 286 of the Code defines the work of persons occupied in driving vehicles and performing their services for urban transport companies as intermittent work. The Committee draws the Government’s attention to the limited nature of the permanent exceptions that the Convention allows to the normal limits on working hours for employees engaged in intermittent work. As it pointed out in its General Survey of 2005 on hours of work (paragraph 126), the expression “inherently intermittent work” as used in the Conventions, means “work which is not concerned with production properly called, and which, by its nature, is interrupted by long periods of inaction, during which the respective workers have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls”. This is obviously not the case of persons engaged in driving vehicles, an activity which requires sustained and permanent attention. The Committee accordingly asks the Government to amend its legislation so as to confine permanent exceptions to the normal rules on working hours to employees whose work is intermittent within the meaning of the Convention.

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

    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:
    Repetition
    The Committee notes that in 2007 the Government embarked on a reform of the Labour Code in cooperation with the Tripartite Consultation and Arbitration Committee and that it is awaiting proposals in this connection from the employers’ and workers’ organizations. It requests the Government to keep the Office informed of all developments in this regard.
    Article 1 of the Convention. Scope of application. Mines and quarries. The Committee notes that sections 293–296 and section 300 of the Labour Code establish specific rules on working hours in mines and quarries. It notes in particular that the weekly hours of work of these employees have been reduced to 40 hours. The Committee requests the Government to indicate whether, besides the provisions on weekly hours of work, sections 95 to 106 of the Labour Code, which establish general rules on working hours, also apply to workers in mines and quarries.
    Road transport. The Committee notes that pursuant to section 285(2) of the Labour Code, workers engaged in driving vehicles who perform their services for two or several communes and, in general, all those who work aboard such vehicles, are not subject to the normal daily hours of work. It draws the Government’s attention to the fact that the transport of passengers or goods by road, without distinction, is one of the industrial undertakings to which the Convention applies. The Committee hopes that the Government will shortly take steps to amend the Labour Code so as to extend the scope of the Code’s provisions on hours of work to the workers referred to in section 285(2) of the Code.
    Article 2. Daily hours of work – Drivers of private vehicles and railway workers. The Committee notes that pursuant to sections 285(3) and 287 of the Labour Code, the hours of work of workers engaged in driving private vehicles in the service of a person or members of the person’s family, may exceed eight hours a day subject to a weekly maximum of 48 hours. It notes that this rule also applies to persons performing services for railway companies. The Committee recalls, however, that Article 2 of the Convention sets a double limit – daily and weekly – to the working hours of persons falling within its scope, including drivers of private vehicles and persons employed by railway companies. The Committee hopes that the Government will shortly limit to eight hours the normal daily working hours of the workers covered by section 285(3) and section 287 of the Labour Code, and that it will define in a manner consistent with Articles 2, 3, 5 and 6 of the Convention the conditions in which exemptions from this rule would be authorized.
    Article 6(1)(a). Permanent exceptions – Intermittent work. The Committee notes that under section 285 of the Labour Code workers engaged in driving vehicles who perform intermittent services and, in general, all those who work aboard such vehicles, are not subject to the normal daily hours of work. It notes that section 286 of the Code defines the work of persons occupied in driving vehicles and performing their services for urban transport companies as intermittent work. The Committee draws the Government’s attention to the limited nature of the permanent exceptions that the Convention allows to the normal limits on working hours for employees engaged in intermittent work. As it pointed out in its General Survey of 2005 on hours of work (paragraph 126), the expression “inherently intermittent work” as used in the Conventions, means “work which is not concerned with production properly called, and which, by its nature, is interrupted by long periods of inaction, during which the respective workers have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls”. This is obviously not the case of persons engaged in driving vehicles, an activity which requires sustained and permanent attention. The Committee accordingly asks the Government to amend its legislation so as to confine permanent exceptions to the normal rules on working hours to employees whose work is intermittent within the meaning of the Convention.

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

    The Committee notes that in 2007 the Government embarked on a reform of the Labour Code in cooperation with the Tripartite Consultation and Arbitration Committee and that it is awaiting proposals in this connection from the employers’ and workers’ organizations. It requests the Government to keep the Office informed of all developments in this regard.

    Article 1 of the Convention. Scope of application. Mines and quarries. The Committee notes that sections 293 to 296 and section 300 of the Labour Code establish specific rules on working hours in mines and quarries. It notes in particular that the weekly hours of work of these employees have been reduced to 40 hours. The Committee requests the Government to indicate whether, besides the provisions on weekly hours of work, sections 95 to 106 of the Labour Code, which establish general rules on working hours, also apply to workers in mines and quarries.

    Road transport. The Committee notes that pursuant to section 285(2) of the Labour Code, workers engaged in driving vehicles who perform their services for two or several communes and, in general, all those who work aboard such vehicles, are not subject to the normal daily hours of work. It draws the Government’s attention to the fact that the transport of passengers or goods by road, without distinction, is one of the industrial undertakings to which the Convention applies. The Committee hopes that the Government will shortly take steps to amend the Labour Code so as to extend the scope of the Code’s provisions on hours of work to the workers referred to in section 285(2) of the Code.

    Article 2. Daily hours of work – Drivers of private vehicles and railway workers. The Committee notes that pursuant to sections 285(3) and 287 of the Labour Code, the hours of work of workers engaged in driving private vehicles in the service of a person or members of the person’s family, may exceed eight hours a day subject to a weekly maximum of 48 hours. It notes that this rule also applies to persons performing services for railway companies. The Committee recalls, however, that Article 2 of the Convention sets a double limit – daily and weekly – to the working hours of persons falling within its scope, including drivers of private vehicles and persons employed by railway companies. The Committee hopes that the Government will shortly limit to eight hours the normal daily working hours of the workers covered by section 285(3) and section 287 of the Labour Code, and that it will define in a manner consistent with Articles 2, 3, 5 and 6 of the Convention the conditions in which exemptions from this rule would be authorized.

    Article 6, paragraph 1(a). Permanent exceptions – Intermittent work. The Committee notes that under section 285 of the Labour Code workers engaged in driving vehicles who perform intermittent services and, in general, all those who work aboard such vehicles, are not subject to the normal daily hours of work. It notes that section 286 of the Code defines the work of persons occupied in driving vehicles and performing their services for urban transport companies as intermittent work. The Committee draws the Government’s attention to the limited nature of the permanent exceptions that the Convention allows to the normal limits on working hours for employees engaged in intermittent work. As it pointed out in its General Survey of 2005 on hours of work (paragraph 126), the expression “inherently intermittent work” as used in the Conventions, means “work which is not concerned with production properly called, and which, by its nature, is interrupted by long periods of inaction, during which the respective workers have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls”. This is obviously not the case of persons engaged in driving vehicles, an activity which requires sustained and permanent attention. The Committee accordingly asks the Government to amend its legislation so as to confine permanent exceptions to the normal rules on working hours to employees whose work is intermittent within the meaning of the Convention.

    Part VI of the report form. The Committee notes the information sent by the Government to the effect that the country is having difficulty in supervising working conditions in private enterprises because the labour inspection services lack the necessary logistics. It also notes that the Labour Directorate has to intervene downstream in the event of disputes. Lastly, it notes that the Government is seeking technical assistance from the ILO in setting up a database for labour statistics. The Committee requests the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81), regarding measures to be taken to make the inspection services fully operational. It also hopes that with assistance from the Office, the Government will shortly be in a position to compile labour statistics that include data on the number of workers protected by the legislation giving effect to the Convention.

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