Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

Article 1 of the Convention. Scope of application. Transport workers. In its previous comment, the Committee had noted that, under section 19(1) of the Organisation of Working Time Regulations (L.N. 247/2003, as amended by L.N. 427/2007), the provisions on the minimum uninterrupted weekly rest period of 24 hours did not apply to mobile workers – defined as workers employed as members of travelling or flying personnel by an undertaking operating transport service for passengers or goods by road, air or inland waterway – provided that necessary arrangements were taken to ensure that such mobile workers had adequate rest. Recalling that, under Article 1 of the Convention, the term “industrial undertaking” includes transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves or warehouses, but excluding transport by land, the Committee requests the Government once again to indicate how it is giving effect to the Convention with respect to mobile workers. Moreover, the Committee had noted that the term “adequate rest” was defined as rest periods which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, workers do not cause injury to themselves, to fellow workers or to others. The Government’s most recent report contains no information on this point. Noting that this open-ended definition does not correspond to the precise weekly rest standard set out in the Convention, the Committee requests the Government once again to provide additional explanations in this respect.

Articles 4 and 5. Total or partial exceptions. Compensatory rest. In its previous comment, the Committee had noted that, under section 15 of the Organization of Working Time Regulations, the basic rule on 24-consecutive-hour weekly rest did not apply to numerous industrial activities, including: (i) activities involving the need for continuity of service or production, such as work at docks or airports, gas, water and electricity production, transmission and distribution plants, and industries in which work cannot be interrupted on technical grounds; and (ii) railway transport with respect to persons who spend their working time on board trains or whose activities are intermittent. The Committee once again recalls that the Convention calls for the provision, as far as possible, of compensatory rest in all cases of authorized exceptions, and refers the Government to the comments made this year under Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).