Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre el descanso semanal (comercio y oficinas), 1957 (núm. 106) - Groenlandia

Article 7, paragraph 1, and Article 8, paragraph 1, of the Convention. Permanent and temporary exemptions. The Committee notes that, under section 19 of the Rest Periods and Days Off in Greenland Order No. 32 of 23 January 2006 (hereinafter Rest Order), an employer concerned and an employees’ organization may come to an agreement that the weekly 24-hour rest day can be rearranged provided that there is no more than 12 days and nights between two rest days. It also notes that section 22 of the Rest Order provides that an employer and his/her employees may come to an agreement on rearranging the weekly day off by appointing a work schedule or by appointing a concrete task, provided that there are no more than seven days and nights between two rest days. In this connection, the Committee wishes to recall that the Convention allows for permanent and temporary exemptions from the regular weekly rest scheme only on limited and well-defined grounds. With respect to permanent exemptions, Article 7(1) provides that special weekly rest schemes may be adopted for specified categories of persons or specified types of establishments where the nature of the work, the nature of the service performed, the size of the population to be served, or the number of persons employed is such that the regular scheme cannot be applied. As regards temporary exemptions, Article 8(1) of the Convention permits such exemptions to be granted in case of accident, force majeure or urgent work; abnormal pressure of work due to special circumstances; and in order to prevent the loss of perishable goods. Noting that sections 19 and 22 of the Rest Order do not appear to limit authorized exemptions to the specific circumstances prescribed by these Articles of the Convention, the Committee requests the Government to further explain how the Convention is given effect in this regard.

Article 7, paragraph 2, and Article 8, paragraph 3. Compensatory rest. The Committee notes that section 45 of the Greenland Working Environment Act No. 1048 of 26 October 2005 provides that, in situations where there are variations to the weekly rest rules, and exceptional circumstances make it impossible to provide compensatory rest, other appropriate protection must be provided. The Committee wishes to observe that this provision is inconsistent with Articles 7(2) and 8(3) of the Convention, which require that compensatory rest be granted in all cases of exemptions, whether permanent or temporary, and irrespective of any other form of compensation (for instance, monetary compensation). The Committee therefore requests the Government to provide additional explanations on the types of protection which may be provided in lieu of compensatory rest, and also to take the necessary measures in order to bring this provision of the Working Environment Act into full conformity with the Convention.

Part V of the report form. Application in practice. The Committee notes that the information provided by the Government concerning the structure of the labour inspection system and the number of workers covered by the Convention. It also notes the Government’s indication that during the reporting period, no violations of the weekly rest rules have been reported. It would appreciate if the Government would continue providing up to date information in this regard, 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, copies of any collective agreements containing provisions on special weekly rest schemes, etc.