Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Botswana (Ratification: 1988)

Article 2, paragraphs 2 and 3, of the Convention. Day of weekly rest. The Committee notes that under section 94(1) of the Employment (Amendment) Act, 1992, every employee must be granted by the employer, in every period of seven consecutive days, a rest period comprising at least 24 consecutive hours, and this period must ordinarily be or include a Sunday. The Committee also notes, however, that under common section 5 of the Regulation of Wages (Building Construction, Exploration and Quarrying Industries) Order, the Regulation of Wages (Manufacturing, Service and Repair Trades) Order, and the Regulation of Wages (Garage, Motor Trade and Road Transport) Order, an employee is entitled to a rest period of not less than 24 consecutive hours in the course of each week, at the employer’s discretion to determine when this period is to be taken, provided that the employee is notified at least seven days before the proposed rest period. Noting the apparent discrepancy between the two provisions, the Committee would appreciate receiving additional explanations on this point.

In this regard, the Committee wishes to recall that in accordance with Article 2 of the Convention, the period of rest must, wherever possible, be granted simultaneously to the whole of the staff of each undertaking, and be fixed so as to coincide with the days already established by the traditions or customs of the country. In fact, the Convention is articulated around three main principles, that is continuity (a period of rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted as far as possible simultaneously to the whole of the staff). The Committee accordingly requests the Government to indicate how the Employment Act Regulations that provide for a weekly rest period to be granted at the employer’s discretion may be deemed to give effect to the requirements of this Article of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply general information on the application of the Convention in practice, including for instance extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, copies of relevant collective agreements, 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.283/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 decision taken or envisaged in this respect.