Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Nicaragua

Convention (n° 1) sur la durée du travail (industrie), 1919 (Ratification: 1934)
Convention (n° 30) sur la durée du travail (commerce et bureaux), 1930 (Ratification: 1934)

In order to provide an overview of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry) and 30 (hours of work in commerce and offices) in the same comment.

Articles 3 and 6(1)(b) of Convention No. 1 and Article 7(2) of Convention No. 30. Exceptions to the limit on hours of work. In relation to its previous comment, the Committee notes that the Government does not provide any information in its report on section 57 of the Labour Code, which provides that work done outside normal working hours constitutes additional hours (overtime) but work done to rectify errors that can be attributed to the worker does not. The Committee recalls that the Conventions in question only allow exceptions to the limit on working hours: in case of accident, actual or threatened, force majeure, or urgent work to machinery or plant; in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work such as stocktaking and the preparation of balance sheets, settlement days, liquidations, and the balancing and closing of accounts; and in order to deal with cases of abnormal pressure of work. The Committee therefore urges the Government to take the necessary steps to ensure that the above-mentioned section is amended, in order to guarantee that the national legislation only allows the limits on daily and weekly hours of work to be exceeded in the circumstances specified in the Conventions, and to provide information on the measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.