Weekly Rest (Industry) Convention, 1921 (No. 14) - Burundi (Ratification: 1963)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 No. 1 (hours of work), No. 14 (weekly rest), Nos 52 and 101 (annual holiday with pay) and No. 89 (women’s night work) together.

Legislative developments. The Committee notes that in 2019, the Office provided technical comments on the revised draft Labour Code sent by the Government. It requests the Government to provide information on developments relating to the reform of the Labour Code, to which the Government refers in its reports. In the hope that this reform will ensure full compliance with the provisions of the ratified Conventions, the Committee requests the Government to take its comments, set out below, into account when finalizing the current legislative reform.

Weekly rest

Article 2 of Convention No. 14. Period of weekly rest. Further to its previous comments on the need to amend section 114 of the Labour Code, which contains a material error as currently worded, the Committee notes the Government’s indication that the committee appointed in 2016 to propose amendments has proposed an amendment to section 114.

Annual holiday with pay

Articles 2(3)(a) and 7 of Convention No. 52 and Articles 5(c) and 7 of Convention No. 101. Days not counted as annual holiday. Qualifying period. Record keeping. Further to its previous comments on these matters, the Committee notes the Government’s indication that section 130 of the Labour Code establishes the minimum period of paid annual holiday; in this respect, the Committee notes that every day of the week is considered a working day, with the exception of the weekly rest day and public holidays (section 15(g) of the Labour Code). The Government also indicates that section 130, under which the minimum period of service giving entitlement to paid annual holiday is one year, will be amended as part of the current revision of the Labour Code so that annual holiday is granted on a pro rata basis in relation to length of service. The Government adds that, in practice, workers have holiday in proportion to their length of service even before completing one year of service. Lastly, the Government indicates that the records specified in section 168 of the Labour Code contain a field with the date and the number of days of holiday for each worker.

Women’s night work

Article 3 of Convention No. 89. Prohibition of night work by women. Further to its previous comments, the Committee recalls that the national legislation does not prohibit night work by women and that the Government indicated in previous reports that it had initiated the procedure for the denunciation of the Convention. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to finalize its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender specific instrument, but focuses on the protection of all those working at night.

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

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

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

Article 2(1) of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

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

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 direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up-to-date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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

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 direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up-to-date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 direct request, which read as follows:

Article 2(1) of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up-to-date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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

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 direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Period of weekly rest. The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code (Legislative Order No. 001/31 of 2 June 1966), provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2(1) of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the revised Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the new Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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

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 direct request, which read as follows:

The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code (Legislative Order No. 001/31 of 2 June 1966), provides for, “in every period of seven days, rest comprising at most twenty-four consecutive hours”, whereas Article 2, paragraph 1, of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the revised Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the new Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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

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:

The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code (Legislative Order No. 001/31 of 2 June 1966), provides for, "in every period of seven days, rest comprising at most twenty-four consecutive hours", whereas Article 2, paragraph 1, of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the revised Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the new Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.

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

The Committee notes that section 114 of Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code (Legislative Order No. 001/31 of 2 June 1966), provides for, "in every period of seven days, rest comprising at most twenty-four consecutive hours", whereas Article 2, paragraph 1, of the Convention provides that all persons to whom the Convention applies shall enjoy in every period of seven days a period of weekly rest comprising at least twenty-four consecutive hours. Since section 105 of the revised Labour Code of 1966 and section 3 of Ministerial Ordinance No. 650/22 of 17 February 1984 issuing regulations respecting work on the day of weekly rest and on public holidays are in full conformity with the Convention, it would appear that on this point the wording of section 114 of the new Labour Code contains an error which the Government is requested to revise. The Committee would therefore be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to this end.