Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Angola (Ratification: 1976)

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), Nos 14 and 106 (weekly rest), and No. 89 (women’s night work), together. Following its last comments, the Committee notes that the Government provides information in its reports on the provisions of the General Labour Act of 2015 (Act No. 7/15, thereafter, the Act) implementing the Conventions.

Hours of work

Article 2(b) of Convention No. 1. Variable distribution of hours of work during the week. The Committee notes that the Act establishes that normal hours of work are limited to eight hours a day and 44 hours a week (section 95(1)). The Act allows variable distribution of working hours by collective or individual agreement (section 3(17) and (34) and section 97(2)). The Committee notes that: (i) section 95(2) allows normal weekly working hours to be increased to 54 hours in case of modulated or variable working hours; and section 95(3), which sets limits to the possible extension of daily working hours, appears to apply only to intermittent work. The Committee recalls that Article 2(b) allows regular averaging of hours of work within the limits of 48 hours per week and nine hours per day. It also requires such working-time arrangement be adopted with the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations. The Committee therefore notes that the regular averaging scheme under the Act is not fully in conformity with the Convention given that: (i) the weekly limit set in section 95(2) exceeds the 48-hour limit set in the Convention; (ii) no clear limit of nine hours per day is established in this context; and (iii) regular averaging schemes can be provided for by individual agreements. The Committee therefore requests the Government to review the corresponding provisions of the Act in light of the Article 2(b). It also request the Government to provide information on the implementation of regular averaging schemes in practice.

Article 5. Variable distribution of working hours over periods longer than the week. The Committee notes that section 104 of the Act provides for special working-time arrangements whereby continuous work is performed for a maximum of four weeks followed by an equal period of rest. According to section 104(2)(e), hours of work are calculated on an annual basis, based on a 44 hours working week. In this scheme, if shift work is involved, the daily hours of work may be up to 12 hours. No daily limit is otherwise specifically set. The Committee recalls that Article 5 allows for variation of daily limit of work over periods longer than a week only in exceptional cases and such variation may be established through agreement between workers’ and employers’ organizations to which the Government may give the force of regulations. The Committee requests the Government to provide information on the circumstances in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 6(2). Rate of pay for overtime. The Committee notes that section 117 of the Act provides that workers of small and micro-sized enterprises shall be remunerated for overtime with an increase of the rate of normal hours of work of 20 per cent and 10 per cent respectively, whereas workers in larger enterprises get much more favourable rates (up to 75 per cent in certain cases). The Committee requests the Government to take the necessary measures to ensure compliance with Article 6(2), which requires a rate of pay for overtime not less than one and one-quarter times the regular rate, regardless of the size of the enterprise.

Weekly rest

Article 7(1) of Convention No. 106. Permanent exceptions to the normal weekly rest scheme. With reference to the scheme provided for under section 104 of the Act, as described above, the Committee recalls that Article 7(1) provides that special weekly rest schemes can only be introduced with respect to specified categories of persons or specified types of establishments covered by the Convention (commerce and offices). Further to its request under Convention No. 1 above, the Committee therefore asks the Government to specify the categories of persons or types of establishments covered by the Convention in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106. Consultations with representative employers’ and workers’ organizations in case of permanent exceptions. The Committee notes that section 119 of the Act provides for the possible adoption of permanent exceptions to the normal weekly rest scheme, whereby weekly rest can be given on a day other than Sunday, in case of continuous work or for reasons of public interest or technical reasons. The same provision refers to decisions of the public authorities to determine the specific activities or establishments concerned. The Committee recalls that Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106 provide that measures concerning permanent exceptions to weekly rest shall be adopted in consultations with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the decisions adopted in application of section 119 of the Act and the consultations held in this regard.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. The Committee notes that section 245(1)(b) of the Act prohibits women form working at night in industrial undertakings. While noting that the Act also provides for exceptions and possible derogations from this principle, the Committee recalls that that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to review the provisions of section 245 of the Act in light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider 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 takes note of the adoption of the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of the new law which give application to the Convention.

The Committee also notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

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 6 of the Convention. Weekly rest. The Committee notes the observations made in 2008 by the National Union of Angolan Workers (UNTA) according to which cases of non-compliance with the Convention have been reported especially in the security services sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. While noting these explanations, the Committee recalls its previous comment and would appreciate if the Government would specify how effect is given to the requirements of the Convention with respect to: (i) public servants and other categories of workers currently excluded from the scope of application of the General Labour Law; (ii) compensatory rest of a total duration at least equivalent to 24 hours; and (iii) consultation with employers’ and workers’ organizations in determining the circumstances in which permanent and temporary exemptions from the general weekly rest scheme may be granted. The Committee would also be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

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

Article 6 of the Convention. Weekly rest. The Committee notes the observations made in 2008 by the National Union of Angolan Workers (UNTA) according to which cases of non-compliance with the Convention have been reported especially in the security services sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. While noting these explanations, the Committee recalls its previous comment and would appreciate if the Government would specify how effect is given to the requirements of the Convention with respect to: (i) public servants and other categories of workers currently excluded from the scope of application of the General Labour Law; (ii) compensatory rest of a total duration at least equivalent to 24 hours; and (iii) consultation with employers’ and workers’ organizations in determining the circumstances in which permanent and temporary exemptions from the general weekly rest scheme may be granted. The Committee would also be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

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

Article 6 of the Convention. Weekly rest. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) according to which cases of non-compliance with the Convention have been reported especially in the security services sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. While noting these explanations, the Committee recalls its previous comment and would appreciate if the Government would specify how effect is given to the requirements of the Convention with respect to: (i) public servants and other categories of workers currently excluded from the scope of application of the General Labour Law; (ii) compensatory rest of a total duration at least equivalent to 24 hours; and (iii) consultation with employers’ and workers’ organizations in determining the circumstances in which permanent and temporary exemptions from the general weekly rest scheme may be granted. The Committee would also be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

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

Article 2 of the Convention. Weekly rest for public servants. Further to its previous comment on this point, the Committee notes the Government’s reply that while public servants are excluded from the scope of application of the General Labour Law No. 2/00 of 11 February 2000, they are protected under the legislation governing public service in general. It asks the Government to specify the provisions and transmit a copy of any relevant text.

Article 7, paragraph 4, and Article 8, paragraph 2. Consultation with employers’ and workers’ organizations. Please explain how it is given effect to the requirements of these Articles of the Convention in applying permanent and temporary exemptions from the general weekly rest scheme entitlement.

Article 8, paragraph 3. Compensatory rest. The Committee notes that under section 131 of the General Labour Law, workers are entitled to compensatory rest for working on the weekly rest day, which may be a half-day or one full day depending on the number of hours of work performed on the weekly rest day (half-day for less than four hours of work and one full day for more than four hours of work). Recalling that this Article of the Convention requires in all cases a compensatory rest period of a total duration at least equivalent to 24 hours, the Committee requests the Government to clarify how the Convention is given effect in this regard.

Part V of the report form. The Committee would appreciate receiving up to date information on the practical application of the Convention including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2 of the Convention. Weekly rest for public servants. Section 2 of the General Labour Law No. 2/2000 exempts public servants from its scope. Please indicate the measures which ensure that this category of employees is entitled to a minimum weekly rest of 24 consecutive hours.

Article 3, paragraph 3. Application of the Convention to establishments not covered by the scope of the ratification. The Committee requests the Government to indicate to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of such establishments referred to in Article 3, paragraph 1, i.e.:

(a)  establishments, institutions and administrative services providing personal services;

(b)  post and telecommunications services;

(c)  newspaper undertakings; and

(d)  theatres and places of public entertainment.

Article 6, paragraph 4. Minorities. The Committee requests the Government to indicate the manner in which the traditions and customs of religious minorities are respected, as far as possible, with regard to weekly rest.

Part V of the report form. Referring to section 21 of Decree No. 8-E/91 of 16 March 1991 and section 8 of Decree No. 9/95 of 21 April 1995 concerning the labour inspectorate, the Government is asked to communicate in its future reports, extracts from the reports of the inspection services and any available statistics that could provide information on the manner in which the Convention is applied in practice.