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

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Malte (Ratification: 1988)

Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention. Permanent and temporary exemptions. Compensatory rest. The Committee notes that, under section 14 of the Organization of Working Time Regulations (L.N. 247/2003, as amended by L.N. 427/2007), where the application of the normal weekly rest scheme is excluded and as a result a worker is required to work during a period which would otherwise be a period of rest, the employer is under the obligation to grant such compensatory rest period that can be reasonably considered as equivalent to the normal 24-hour rest period and, in exceptional cases in which it may not be possible for objective reasons to grant such a period of rest, the employer must afford appropriate protection to safeguard the worker’s health and safety excluding monetary compensation or other material benefits. The Committee considers that this provision in its qualified wording is not fully consistent with the Convention which requires in unequivocal terms that compensatory rest of a total duration at least equivalent to 24 hours be granted in all cases of authorized exemptions, whether permanent or temporary. The Committee requests the Government to explain how section 14 of the Organization of Working Time Regulations, and in particular references such “reasonably equivalent”, “objective reasons” and “appropriate protection”, can be deemed to give effect to the clear requirement of Articles 7(2) and 8(3) of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years general information concerning the application of the Convention in practice. It would therefore appreciate receiving 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, etc.