Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre el descanso semanal (industria), 1921 (núm. 14) - Kirguistán (Ratificación : 1992)

Article 5 of the Convention. Compensatory rest. The Committee notes that, under section 115 of the Labour Code of 2004, employees who work on a day off may be compensated, by mutual agreement of the parties, by being granted another day off, or an extension to their annual holiday, or by receiving an extra payment at double the normal rate.  In this connection, the Committee recalls that under Article 5 of the Convention provision has to be made, as far as possible, for compensatory periods of rest irrespective of any cash compensation, it being understood that a minimum of rest and leisure every week is essential to ensure the protection of the health and well-being of the worker. The Committee also draws the Government’s attention to the comments made under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), on this point. The Committee therefore requests the Government to take appropriate action in order to bring its legislation into full conformity with the Convention in this respect.

Articles 4 and 6. Total or partial exceptions. The Committee notes that section 101 of the Labour Code provides that the Government must determine specific regimes of work and rest, among other categories, for the employees working in the transportation sector. It also notes that, under section 114 of the Labour Code, work on weekends and non-working holidays may be permitted in cases where its suspension is impossible for production and technical reasons (continuous operation) or work for the service of the population as  well as urgent repairs and urgent loading and unloading. The Committee requests the Government to provide more detailed information on the application of the abovementioned provisions in practice, including copies of any legal texts not previously communicated to the Office, and also to draw up a list, as required by Article 6 of the Convention, of all the total or partial exceptions authorized by labour laws and regulations to the normal weekly rest scheme of industrial undertakings.

Article 7. Posting of notices. The Committee has been requesting the Government to specify the legal provisions giving effect to this requirement of the Convention. While noting section 101 of the Labour Code, which provides that workers must be notified of their working time schedule two weeks before it enters into effect, the Committee requests the Government to indicate whether provision is specifically made for notices to be posted conspicuously at the workplace or for rosters to be drawn up in accordance with an approved form, with a view to keeping the workers informed of the weekly rest scheme applicable to them, as required by this Article of the Convention. The Committee would appreciate receiving sample copies of such notices and rosters, where appropriate.

Part V of the report form. Application in practice. The Committee notes that the Government has not provided for a number of years any information on the application of the Convention in practice. The Committee therefore requests the Government to provide up-to-date information concerning 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 infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses on weekly rest, etc.