Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Eswatini (Ratification: 1978)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comment, in which it noted that certain wage regulation orders provide for the possibility of employing workers on the day of weekly rest in exchange for additional remuneration. The Committee notes, in this respect, the Government’s statement that suspension of the rest day may be decided by mutual agreement between the parties and constitutes overtime, which is paid at the prescribed rate. In this regard, the Committee recalls that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Government is encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of these Articles of the Convention. The Committee would also appreciate receiving copies of the Wages Regulation Orders currently in force for sectors such as building and construction, manufacturing and processing, forestry, manufacture and sale of handicrafts, road transportation, and mining and quarrying which contain specific provisions on weekly rest.