Weekly Rest (Industry) Convention, 1921 (No. 14) - Democratic Republic of the Congo (Ratification: 1960)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Repetition

Articles 2, 4 and 5 of the Convention. Duration of weekly rest. Total or partial exceptions – Compensatory rest. The Committee notes that Order No. 068/12 of 17 May 1968 concerning weekly rest is the only reference text for the regulation of weekly rest under section 121 of the Labour Code. It also notes the Government’s indication that section 6 of Order No. 040/CAB/MIN/ETPS/ MBL/MMG/PKG/2013, of 9 April 2013, concerning the duration and liberalization of working hours, confirms strict compliance with sections 121 and 122 of the Labour Code, which provide that all workers have the right to rest of at least 48 consecutive hours during each seven-day period, and that this rest shall be granted as far as possible at the same time to all staff, in principle on the weekend. The Committee notes, however, that the Government’s report does not provide new information on the exceptions provided by sections 9 and 10 of Ministerial Order No. 068/12. These sections allow for workers to be employed during their weekly rest by paying overtime, without also granting them compensatory rest. The Committee nevertheless draws the Government’s attention to the importance of providing, in such circumstances, for compensatory rest in order to avoid an accumulation of fatigue and to thereby protect the health of the worker. The Committee therefore requests the Government to indicate measures taken or envisaged to ensure that compensatory rest is granted, whether or not overtime is paid, for any exception to the rules on weekly rest.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

Articles 2, 4 and 5 of the Convention. Duration of weekly rest. Total or partial exceptions – Compensatory rest. The Committee notes that Order No. 068/12 of 17 May 1968 concerning weekly rest is the only reference text for the regulation of weekly rest under section 121 of the Labour Code. It also notes the Government’s indication that section 6 of Order No. 040/CAB/MIN/ETPS/ MBL/MMG/PKG/2013, of 9 April 2013, concerning the duration and liberalization of working hours, confirms strict compliance with sections 121 and 122 of the Labour Code, which provide that all workers have the right to rest of at least 48 consecutive hours during each seven-day period, and that this rest shall be granted as far as possible at the same time to all staff, in principle on the weekend. The Committee notes, however, that the Government’s report does not provide new information on the exceptions provided by sections 9 and 10 of Ministerial Order No. 068/12. These sections allow for workers to be employed during their weekly rest by paying overtime, without also granting them compensatory rest. The Committee nevertheless draws the Government’s attention to the importance of providing, in such circumstances, for compensatory rest in order to avoid an accumulation of fatigue and to thereby protect the health of the worker.The Committee therefore requests the Government to indicate measures taken or envisaged to ensure that compensatory rest is granted, whether or not overtime is paid, for any exception to the rules on weekly rest.

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

Articles 2, 4 and 5 of the Convention. Duration of weekly rest. Total or partial exceptions – Compensatory rest. The Committee notes that Order No. 068/12 of 17 May 1968 concerning weekly rest is the only reference text for the regulation of weekly rest under section 121 of the Labour Code. It also notes the Government’s indication that section 6 of Order No. 040/CAB/MIN/ETPS/ MBL/MMG/PKG/2013, of 9 April 2013, concerning the duration and liberalization of working hours, confirms strict compliance with sections 121 and 122 of the Labour Code, which provide that all workers have the right to rest of at least 48 consecutive hours during each seven-day period, and that this rest shall be granted as far as possible at the same time to all staff, in principle on the weekend. The Committee notes, however, that the Government’s report does not provide new information on the exceptions provided by sections 9 and 10 of Ministerial Order No. 068/12. These sections allow for workers to be employed during their weekly rest by paying overtime, without also granting them compensatory rest. The Committee nevertheless draws the Government’s attention to the importance of providing, in such circumstances, for compensatory rest in order to avoid an accumulation of fatigue and to thereby protect the health of the worker. The Committee therefore requests the Government to indicate measures taken or envisaged to ensure that compensatory rest is granted, whether or not overtime is paid, for any exception to the rules on weekly rest.

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

Article 2, paragraph 1, of the Convention. Duration of the weekly rest. The Committee notes that Order No. 68/12 of 17 May 1968 respecting weekly rest remains the reference text for the regulation of weekly rest, as the order envisaged in section 121 of the Labour Code of 2002 has still not been adopted. However, the Committee notes that the National Labour Council has examined and adopted a Bill to amend section 121 of the Labour Code which reduces the weekly rest period from 48 to 24 consecutive hours. The Committee once again requests the Government to provide a copy of any new legislative text once it has been finalized.

Articles 4 and 5. Total or partial exceptions. The Committee notes that the Bill to amend section 121 of the Labour Code provides that the Minister of Employment, Labour and Social Insurance determines by order, issued after seeking the opinion of the National Labour Council, the arrangements governing the application of the weekly rest period, including the occupations in which and the conditions under which the rest period may, on an exceptional basis and for clearly established reasons, either: (i) be granted by rotation or collectively on a day other than Sunday; (ii) be suspended; or (iii) be granted over a longer period. The Committee also notes that the National Labour Council has adopted a draft order issuing regulations respecting work on the day of weekly rest and other statutory national holidays. However, the Committee notes that the Government does not specify in its report whether this draft order provides that a compensatory period of rest must be granted to workers when they have been engaged during their weekly rest period. In this respect, the Committee noted in its previous comment that sections 9 and 10 of Ministerial Order No. 68/12 provide that exceptions may be made, without compensatory rest and with the payment of additional hours, in the event of an accident that has occurred or is imminent, force majeure or urgent work to be carried out on plant, to prevent the loss of perishable goods or to deal with abnormal pressure of work. The Committee is bound to recall in this respect that the granting of a period of compensatory rest is essential in order to prevent an accumulation of fatigue by workers and therefore to protect their health, irrespective of whether or not supplementary remuneration is paid in respect of the additional hours undertaken during the weekly rest period. The Committee therefore requests the Government to provide a copy of the draft order issuing regulations respecting work on the day of weekly rest and it hopes that the Government will follow its recommendations concerning the need for a compensatory rest period in respect of all derogations from the rules respecting the weekly rest period without exception.

Part V of the report form. The Committee once again requests the Government to provide updated information on the application of the Convention in practice including, for instance, statistics showing the number of workers covered by the relevant legislation, reports of the labour inspection services, the number of violations reported and the penalties 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.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 2007, published 97th ILC session (2008)

Article 2, paragraph 1, of the Convention. Duration of the weekly rest. The Committee notes with interest the adoption of Act No. 015/2002 of 16 October 2002 issuing the Labour Code, section 121 of which increases the duration of the compulsory weekly rest to 48 consecutive hours from the previous duration of 24 hours. However, it notes that, according to the indications provided by the Government in its report, the National Labour Council adopted a Bill in 2005 amending certain sections of the Labour Code with a view, among other measures, to bringing the weekly rest period back to 24 consecutive hours. The Committee requests the Government to keep it informed of any development occurring in the process of the adoption of this Bill and to provide it with a copy of any new legislative text.

Articles 4 and 5. Exceptions. The Committee notes that, according to the information contained in the Government’s report, the National Labour Council adopted a draft Order in 2005 to give effect to the Labour Code issuing regulations respecting work on the weekly rest day and other statutory public holidays. It also notes that Ministerial Order No. 68/12 of 17 May 1968, respecting work on the weekly rest day, remains in force until the draft Order referred to above is adopted. In this respect, the Committee notes that sections 4 to 8 of Ministerial Order No. 68/12 enumerate the cases in which workers may be engaged on a Sunday on condition that they are afforded compensatory rest. It notes, however, that under sections 9 and 10, other exceptions may be made, without compensatory rest and with the payment of additional hours, in the event of an accident that has occurred or is imminent, force majeure or urgent work to be carried out on plant, to prevent the loss of perishable goods or to deal with abnormal pressure of work. The Committee recalls in this respect that, in accordance with Article 5 of the Convention, States shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in the weekly rest of workers. In view of its objective, which is to prevent an accumulation of fatigue by workers and therefore to protect their health, the granting of compensatory rest is essential, irrespective of whether or not supplementary remuneration is paid in respect of the additional hours undertaken during the weekly rest period. The Committee trusts that the ministerial order that is to be adopted in the near future under section 121 of the Labour Code will provide that compensatory rest shall be granted to workers where they have been engaged during their weekly rest period. The Government is requested to provide all relevant information concerning the adoption of this draft Ministerial Order and to provide a copy as soon as it has been finalized.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services and, if possible, information concerning the number of workers covered by the legislation respecting the weekly rest period, the number and nature of the contraventions reported, etc.