Hours of Work (Industry) Convention, 1919 (No. 1) - Guinea - Bissau (Ratification: 1977)

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

Article 7(1) of the Convention. List of authorized exceptions. The Committee notes the Government’s statement that no orders have been issued authorizing the averaging of working hours under section 44 of the General Labour Act and no regulations fixing the conditions for permanent and temporary exceptions under section 52, as prescribed by this Article of the Convention. It further notes the Government’s indication that this issue will be regulated under the upcoming new Labour Code. The Committee requests the Government to provide a copy of the new text once it has been adopted.

Article 8(1)(b). Posting of notices. In the absence of reply, the Committee requests once again the Government to provide a sample copy or standard form of the work schedule provided for in section 63 of the General Labour Act.

Article 8(2). Penalties. The Government indicates that the General Labour Inspectorate often imposes fines on employers who employ workers outside the legally authorized working hours. It further indicates that the draft Labour Code contains special provisions governing this matter. The Committee requests the Government to provide a copy of the new text once it has been adopted.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Daily and weekly limit on hours of work. The Committee notes the Government’s indication that a draft Labour Code is currently under consideration, which among other things, is expected to bring down the maximum limit of hours of work from 45 to 40 per week. The Committee requests the Government to keep the Office informed of any progress made in this regard, and to provide the text of the new legislation once it has been adopted.

In addition, the Committee notes that section 43(4) of the General Labour Act provides that the secretariat of the Presidency of the State Council may establish by order, if the economic and social circumstances or customs require, the procedures to be followed by employers for the distribution of hours of work in the week. The Committee requests the Government to indicate whether such an order has been issued, and if so, to transmit a copy.

Article 5. Averaging of hours of work. The Committee notes that section 44 of the General Labour Act provides that, with respect to services essential to the community, the limit of normal working hours may be extended by order of the secretariat of the Presidency of the State Council but up to the maximum of 45 hours per week calculated over a number of weeks to be prescribed in the order. The Committee requests the Government to indicate whether any such orders have been issued, and if so, to provide copies of relevant texts.

Article 7(1). List of authorized exceptions. The Committee requests the Government to provide with its next report a comprehensive list of orders authorizing the averaging of working hours under section 44 of the General Labour Act, and regulations fixing the conditions for permanent and temporary exceptions under section 52, as prescribed by this Article of the Convention.

Article 8(1)(b). Posting of notices. In the absence of relevant information, the Committee requests the Government to provide a sample copy or standard form of the work schedule provided for in section 63 of the General Labour Act.

Article 8(2). Penalties. The Committee requests the Government to provide information concerning the types of sanctions imposed to those who employ workers outside the legally permissible working hours.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for example, extracts from the reports of the inspection services showing the number and nature of violations of the General Labour Act concerning working time and any remedial action taken, and copies of any collective agreements containing provisions on working time.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annul leave, part-time and night work, remain relevant in the twenty-first century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous comments, the Committee notes with satisfaction the adoption of General Labour Act No. 2, of 5 April 1986, which gives effect to the provisions of Articles 3, 6 and 8(c) of the Convention concerning cases of temporary exceptions to normal hours of work, the maximum of additional hours and the keeping of records by employers.