Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Indonesia (Ratification: 1972)

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

Article 8 of the Convention. Temporary exemptions from the normal weekly rest. In its previous comments, the Committee noted that section 11(b) of the Decree of the Minister of Manpower and Transmigration No. KEP 102/MEN/VI/2004 on Overtime Work and Overtime Pay (the 2004 Decree) provided that when working on their weekly rest day, workers received overtime pay. Recalling that, in accordance with Article 8(3), where temporary exceptions are made in respect of the weekly rest day, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of any financial compensation, the Committee requested the Government to take appropriate action in order to ensure that the national legislation would give full effect to Article 8. The Committee notes that the Government indicates in its report that based on the results of a review of the 2004 Decree, it had been agreed that the Decree would be revised to provide for compensatory time off in case of workers working on their weekly rest day. The Government also indicates that there had been no report submitted by workers to labour inspectors regarding violations of the weekly rest day and that this was due to the fact that application of the Decree in practice was arranged by an agreement between the workers and their employers. The Committee understands from the Government’s report that work during the weekly rest day is regulated through collective agreements. The Committee also notes that the 2004 Decree does not provide a list of the limited circumstances in which work could be allowed during the weekly rest day. In this regard, the Committee recalls that Article 8(1) only allows temporary exemptions from the normal weekly rest in three circumstances: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment, but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment; (b) in the event of abnormal pressure of work due to special circumstances, insofar as the employer cannot ordinarily be expected to resort to other measures; and (c) in order to prevent the loss of perishable goods. It further recalls that, according to Article 8(2), the representative employers’ and workers’ organizations concerned, where such exist, shall be consulted in determining the circumstances in which temporary exemptions may be granted in accordance with the provisions of subparagraphs (b) and (c) above. In its 2018 General Survey on working time instruments, the Committee emphasized the importance of keeping recourse to exemptions from the general 24-hour weekly rest rule to what is strictly necessary, and for such exemptions to be authorized under clearly specified conditions, in line with Article 8(1). The Committee therefore requests the Government to ensure that, in the context of the revision of the 2004 Decree on overtime, the circumstances in which work can be authorized during weekly rest days are limited to those identified in Article 8(1) and that compensatory rest would be granted, in conformity with Article 8(3), irrespective of any financial compensation. It requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on any collective agreements which would regulate the possible exemptions from the normal weekly rest.

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

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. With reference to its previous comments, the Committee notes again with regret that the Government’s latest report does not contain information on any new measures taken or envisaged. Workers are not granted compensatory rest for working on their weekly rest day and are only compensated with overtime pay in accordance with section 11(b) of the Decree of the Minister of Manpower and Transmigration No. KEP-102/MEN/VI/2004 on Overtime Work and Overtime Pay. The Committee recalls once more that, under Article 8(3) of the Convention, compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted to workers who have worked on his/her day of rest, irrespective of monetary compensation. Recalling that the Committee has been raising this question for over 30 years, it urges the Government to take the necessary steps in order to bring its legislation into line with the requirements of the Convention through legislation or administrative issuance. The Committee also asks the Government to transmit in its next report 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.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. Following up on the comments that it has been formulating for over 30 years, the Committee notes with regret that, as indicated in the Government’s report, workers are not granted compensatory rest for working on their weekly rest day and are only compensated with overtime pay in accordance with section 11(b) of the Decree of the Minister of Manpower and Transmigration No. KEP-102/MEN/VI/2004 on Overtime Work and Overtime Pay. Although the Government has repeatedly declared in the past its intention to bring the national legislation into conformity with the Convention, no concrete measures have been taken to this effect. In earlier reports, the Government had also indicated that employers are encouraged to include a compensatory rest provision in their company regulation or collective labour agreement but no copies of any such company regulations or collective agreements have been transmitted to the Office. The Committee is obliged to recall that, under Article 8(3) of the Convention, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule, irrespective of monetary compensation. The Committee once more urges the Government to take appropriate action without further delay in order to ensure that the national legislation gives full effect to this Article of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Article 8(3) of the Convention. Compensatory rest in case of temporary exemptions from the regular weekly rest scheme. The Committee once again regrets that the Government has still not taken any measures, legislative or others, to ensure that employees working on a weekly rest day are granted compensatory rest of a total duration at least equal to the general 24-hour rule, irrespective of any monetary compensation, as required under this Article of the Convention. The Government limits itself to reiterating that workers may get compensatory rest only if it is so provided in company regulations or relevant collective agreements and that employers are encouraged to include provisions to this effect in company regulations and collective agreements. In this connection, the Government refers to regulations of institutions, such as the Action contre la faim or the Church World Service, as providing for compensatory rest, but these documents were not attached to the Government’s report. Recalling that the Committee has been raising this question for over 30 years, it urges the Government to take the necessary steps without further delay in order to bring its legislation into line with the requirements of the Convention. It also asks the Government to transmit copies of any company regulations or collective agreements which may have been concluded so far and which provide for a 24-hour compensatory rest period in case of work performed on a weekly rest day. Finally, the Committee asks the Government to transmit in its next report 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.

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, paras 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 14 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 with regret that the Government’s report contains no reply to the second point raised in its previous direct request. It hopes that the next report will include full information on the matters raised in this point of the direct request, which read as follows:

Article 8, paragraph 3, of the Convention. In its report of 1985, the Government had indicated that the first step of implementation of Article 8, paragraph 3, of the Convention (concerning compensatory rest) was carried out by taking it into account in the establishment of collective labour agreements. In this regard, the Committee notes the collective agreement concerning workers in the Hilton Hotel provided by the Government with its latest report. Hotel workers, however, are not necessarily covered by this Convention unless so declared by the Government under Article 3, paragraph 2. The Government is therefore invited to consider extending the application of the Convention to hotel workers by communicating to the International Labour Office a declaration in the terms of Article 3, paragraph 2, of the Convention. The Government is, in addition, requested to supply copies of any collective agreements regulating weekly rest days for workers in the establishments enumerated in Article 2 of the Convention.

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

The Committee  takes note of the new Act on manpower (Act No. 13 of 2003).

Article 8, paragraph 3, of the Convention. The Committee notes with regret that the provisions of Act No. 13 of 2003 concerning working hours and weekly rest (sections 77-79) do not provide compensatory rest for work carried out on a weekly rest day, although the Government has repeatedly declared its intention of bringing the national law into conformity with the Convention in this respect. In addition, Manpower Ministerial Regulation No. PER-03/MEN/1987 appears still to be in force unchanged, providing payment of wages for work performed on an official holiday effective on a weekly rest day. The Committee reiterates that under Article 8, paragraph 3, compensatory rest of a total duration of at least 24 hours must be granted, without prejudice to any monetary compensation, in all cases where temporary exemptions are made in respect of weekly rest. It further recalls that since 1975 it has been commenting on the need to amend the relevant national laws and regulations to this effect.

Furthermore, the report contains no reply to the matter raised under paragraph 2 of the Committee’s previous comment. It must therefore repeat this part of its previous observation, which read as follows:

The Committee further notes the Government’s indication that employers are encouraged to include a compensatory rest provision in their company regulation or collective labour agreement. It requests the Government to supply copies of any company regulation and collective agreements so far adopted which reflect this practice.

The Committee has addressed a request for additional information directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report does not reply to the second point raised in its previous request. It hopes that the Government's next report will include information on this comment, which read as follows:

2. In its report of 1985, the Government had indicated that the first step of implementation of Article 8, paragraph 3, of the Convention (concerning compensatory rest), was carried out by taking it into account in the establishment of collective labour agreements. In this regard, the Committee notes the collective agreement concerning workers in the Hilton Hotel provided by the Government with its latest report. Hotel workers, however, are not necessarily covered by this Convention unless so declared by the Government under Article 3, paragraph 2. The Government is therefore invited to consider extending the application of the Convention to hotel workers by communicating to the International Labour Office a declaration in the terms of Article 3, paragraph 2, of the Convention. The Government is, in addition, requested to supply copies of any collective agreements regulating weekly rest days for workers in the establishments enumerated in Article 2 of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

For several years, the Committee has been making comments on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention, concerning compensatory rest. The Government's report indicates that there are no regulations on compensatory rest and refers to the Manpower Ministerial Regulation No. PER-03/MEN/1987 concerning the payment of wages for work performed on an official holiday effective on a weekly rest day. In this respect, the Committee once again must stress that the Convention requires the granting of compensatory rest in every case of exemption from the weekly rest day, regardless of any supplementary payment of wages in the event of work on a weekly rest day. It therefore requests the Government to take the necessary steps to bring the national laws or regulations into conformity with the Convention on this point.

The Committee further notes the Government's indication that employers are encouraged to include a compensatory rest provision in their company regulation or collective labour agreement. It requests the Government to supply copies of any company regulation and collective agreements so far adopted which reflect this practice.

The Committee has addressed a request for additional information directly to the Government.

The Government is asked to report in detail in 1996.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 8, paragraph 3, of the Convention. In previous comments, the Committee has requested the Government to indicate the measures taken to ensure compensatory rest for persons required to work on the weekly rest day. In reply, the Government has referred to section 10 of Act No. 1 of 1951 which provides that in every week at least one day of rest shall be granted. Section 12 of this Act, however, provides for deviation from the provisions in section 10 "in cases where, at any particular time, customary time or within a specific period, there is an accumulation of work which must soon be finished". Paragraph 2 of section 10 provides that Government Regulation should lay down the provisions for such exemptions. While Article 8 of the Convention permits temporary exemptions to the weekly rest day in the event of abnormal pressure of work due to special circumstances, paragraph 3 provides that the persons thus required to work on the weekly rest day are to be granted compensatory rest of at least 24 hours.

The Government is therefore once again requested to indicate the measures taken to ensure that compensatory rest is provided to persons required to work on the weekly rest day by virtue of section 12 of Act No. 1 and to indicate any special regulations which might have been issued in this regard under paragraph 2 of section 12.

2. In its report of 1985, the Government had indicated that the first step of implementation of this provision of the Convention was carried out by taking it into account in the establishment of collective labour agreements. In this regard, the Committee notes the collective agreement concerning workers in the Hilton Hotel provided by the Government with its latest report. Hotel workers, however, are not necessarily covered by this Convention unless so declared by the Government under Article 3, paragraph 2: the Government is therefore invited to consider extending the application of the Convention to hotel workers by communicating to the International Labour Office a declaration in the terms of that paragraph. The Government is, in addition, requested to supply copies of any collective agreements regulating weekly rest days for workers in the establishments covered by the Convention under Article 2.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 8, paragraph 3, of the Convention. In its earlier comments the Committee noted that the national legislation does not provide compensatory rest for persons who work on the weekly rest day; the Committee requested the Government to take the necessary measures to that effect.

The Committee notes the Government's statement that the first step of implementation of this provision of the Convention is carried out by taking it into account in the establishment of collective labour agreements. The Government is requested to communicate the text of any collective agreement so far adopted which reflects this practice.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 8, paragraph 3, of the Convention. In its earlier comments the Committee noted that the national legislation does not provide compensatory rest for persons who work on the weekly rest day and requested the Government to take the necessary measures to that effect.

The Committee notes the Government's statement that the first step of implementation of this provision of the Convention is carried out by taking it into account in the establishment of collective labour agreements. The Government is requested to communicate the text of any collective agreement so far adopted which reflects this practice.