Weekly Rest (Industry) Convention, 1921 (No. 14) - Togo (Ratification: 1960)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 1 and 2 of the Convention. Scope – Entitlement to weekly rest. In its previous comment, the Committee asked the Government to provide more specific information on the provisions applying to workers employed in the transport sector, which is covered by Article 1(1)(d) of the Convention, and to send copies of any regulations or collective agreements applying to these workers. Noting that the Government’s last report does not reply to its request, the Committee again requests the Government to indicate in its next report which provisions are applicable to these workers and to send copies of any relevant legal texts.

Article 5. Compensatory rest. In its previous comment, the Committee noted that, under section 12 of Order No. 278-54/ITLS, hours worked on the weekly rest day in industries dealing with perishable goods, or in which there are periods of exceptional pressure of work, are counted as overtime but give no entitlement to compensatory rest. It further noted that sections 11 and 13 of the Order exclude from entitlement to compensatory rest workers performing urgent jobs or engaged in loading and unloading at ports, landing stages and stations on the weekly rest day. The Committee wishes to remind the Government that the primary objective of the Convention is to protect the health and well-being of workers and enable them to achieve a balance between work and leisure, and hence wishes to underline the importance of periods of compensatory rest for workers obliged to work on the weekly rest day. The Committee recalls that Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) – ratification of which is strongly recommended – stipulates that where temporary exemptions are made, particularly for periods of exceptional pressure of work or to prevent the loss of perishable goods, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the normal rest period of 24 hours. The Committee further notes that, under section 16 of Order No. 278-54/ITLS, the weekly rest of specialists engaged in continuous production or continuous operations in factories that work around the clock may be postponed in part provided that these workers are given a number of rest periods of 24 consecutive hours at least equal to the number of weeks comprising the period to which the exception applies, and such rest must, as far as possible, be granted on a Sunday. While noting that a draft order concerning weekly rest is being examined by the National Council for Social Dialogue, the Committee hopes that this order will be adopted as soon as possible in order to ensure: (i) that compensatory rest is granted to workers performing urgent jobs or engaged in loading and unloading at ports, landing stages and stations, in accordance with Article 5 of the Convention; and (ii) that weekly rest is granted in such a way that workers subject to special schemes do not work for long periods (for example, more than three weeks) without being granted the rest periods to which they are entitled.

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

Article 2 of the Convention. Entitlement to weekly rest. The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code, section 156, which provides that workers shall be entitled to weekly rest, taken as a rule on Sunday, of at least 24 hours in succession. It also notes the information in the Government’s report to the effect that Order No. 278-54/ITLS of 19 March 1954 establishing weekly rest implementation procedures is still in force. The Committee notes in this connection that according to section 1(3) of the Order, the weekly rest of workers and employees in air, water and rail transport enterprises is governed by special provisions. It understands that the weekly rest regime applying to rail employees is determined by Order No. 940-54/ITLS of 14 October 1954. The Committee asks the Government to provide more specific information on the provisions applying to workers employed in the transport sector and to send copies of any regulations or collective agreements applying to these workers.

Article 5. Compensatory rest. The Committee notes that under section 12 of Order No. 278-54/ITLS, hours worked on the day of weekly rest in industries dealing with perishable goods or in which there are periods of exceptional pressure of work, are counted as overtime but give no entitlement to compensatory rest. It further notes that sections 11 and 13 of the Order exclude from entitlement to compensatory rest workers performing urgent jobs or engaged in loading and unloading in ports, landing stages and stations on the weekly rest day. The Committee wishes to draw the Government’s attention to the fact that according to Article 5 of the Convention, where an exception to weekly rest is established, provision should be made, as far as possible, for compensatory periods of rest, which are essential to protecting the worker’s health and well-being. The Committee accordingly asks the Government to indicate the measures taken or envisaged to ensure, as far as possible, compensatory rest for these workers, in accordance with this Article of the Convention.

The Committee also notes that according to section 16 of Order No. 278 54/ITLS, the weekly rest of specialists engaged in continuous production or continuous operations in factories that work around the clock may be postponed in part provided that these workers are given a number of rest periods of 24 consecutive hours at least equal to the number of weeks comprising the period to which the exception applies, and such rest must, as far as possible, be granted on Sunday. Referring to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), the Committee wishes to point out that total or partial exceptions to the general weekly rest scheme should be so established so as to ensure that persons to which such exceptions apply do not work for a long period (for example, not more than three weeks) without benefiting from the periods of rest to which they are entitled. The Committee accordingly asks the Government to provide more detailed information regarding the application of section 16, indicating in particular the manner in which account has been taken of humanitarian considerations and not just economic factors.

Article 7. Notices and rosters. The Committee notes that according to the provisions of Article 7 of the Convention, arrangements for notifying the weekly rest granted to staff collectively and for keeping a roster of special rest regimes are covered by sections 19 and 20 of Order No. 278-54/ITLS. The Committee asks the Government to send, if possible, model notices and rosters.

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, such as extracts from reports of the inspection services indicating the number and nature of infringements reported and the penalties imposed, and information on the number of workers covered by the legislation.

The Committee takes this opportunity to point out that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body 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 document GB.283/LILS/WP/PRS/2, paragraphs 17–18). The Committee accordingly invites the Government to consider ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this regard.

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 annual 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.