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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Guinea - Bissau (Ratification: 1977)

Articles 7, 8 and 11 of the Convention. Permanent and temporary exemptions. The Committee recalls that for ten years it has been commenting on section 66 of the General Labour Act No. 2/86 of 5 April 1986, which provides for the possibility of establishing special weekly rest schemes, without however specifying the categories of persons and types of establishments to which these schemes apply, and on the absence of provisions providing for consultation with the representative employers’ and workers’ organizations concerned, as required by Articles 7(4) and 8(3) of the Convention. In its report, the Government indicates that, despite the existence of schemes of permanent exemptions, the social partners are not consulted and that there is not currently any provision of law or regulations determining the categories of workers and the types of establishments covered by a special weekly rest scheme. However, the Government undertakes to draw up such a list in the near future. The Committee also notes the Government’s indication that the draft new Labour Code, on which the ILO provided comments, will soon be submitted to the National Assembly. The Committee trusts that, with a view to the adoption of the new Labour Code, the Government will take all appropriate measures to bring the national legislation into line with the requirements of the Convention, particularly by carrying out consultations with the representative organizations of employers and workers concerned with regard to special weekly rest schemes and temporary exemptions from weekly rest (Articles 7(4) and 8(3)) and by specifying the categories of persons and the types of establishments subject to special weekly rest schemes (Article 11). It also requests the Government to provide a copy of the new Labour Code once it has been adopted.