Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Israël (Ratification: 1961)

Article 7, paragraph 1, and Article 8, paragraph 1, of the Convention. Permanent and temporary exemptions to the normal scheme of weekly rest. The Committee notes that the Hours of Work and Rest Law, 5711-1951 provides for general and special permits granted in specific cases (section 11) by a ministerial decision (section 12) after consultation with the social partners (section 33). The Committee wishes to recall, in this connection, that, under Article 7, paragraph 1, and Article 8, paragraph 1, of the Convention, permanent and temporary derogations may be authorized on specific grounds, such as compelling reasons related to the nature of the work, the size of the population, in case of accident, force majeure, or abnormal pressure of work. In addition, the Convention requires due regard to be paid to social and economic considerations in granting such exemptions. The Committee observes that the grounds for exemption referred to in section 12(a) of the Hours of Work and Rest Law, 5711-1951 do not appear to correspond to those specified in the Convention and that social considerations are not expressly mentioned either. The Committee therefore requests the Government to provide additional information on the specific categories of persons and types of establishment subject to special weekly rest schemes as well as on the circumstances in which temporary exemptions may be granted. It would also be grateful if the Government would explain in which manner social and not exclusively economic considerations are taken into account in granting general and special permits under section 12 of the Hours of Work and Rest Law, 5711-1951.

Article 7, paragraph 2, and Article 8, paragraph 3. Compensatory rest. The Committee notes that under section 17(a)(2) of the Hours of Work and Rest Law, the number of hours and timing of compensatory rest are to be prescribed in the permit by virtue of which a worker is authorized to work on a day of weekly rest. It also notes that under section 17(b) of the Hours of Work and Rest Law, in the case of a worker who is paid on a monthly basis or at longer intervals, the employer is entitled to give, in lieu of monetary compensation, a period of rest of not less than an hour and a half for every hour the worker worked on the weekly rest day. The Committee is obliged to observe, in this respect, that the above provisions are not fully consistent with Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention which specifically provide that all persons working on a weekly rest day must be granted, in respect of each period of seven days, a period of rest of a total duration at least equivalent to 24 hours. The Committee recalls its earlier comments in which it had expressed the hope that when the Hours of Work and Rest Law would be next amended, the Government would introduce an appropriate modification to section 17 in order to provide for formal entitlement to a full compensatory day of rest, in accordance with the terms of the Convention. It therefore requests the Government to take the necessary steps in order to bring the national legislation into full conformity with the Convention in this regard.

Part V of the report form. The Committee notes the information provided by the Government concerning labour inspection activities in the period 2005–07 for the enforcement of the Hours of Work and Rest Law. It would be grateful if the Government would continue providing up to date information on the practical application of the Convention.