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

Guinée équatoriale

Convention (n° 1) sur la durée du travail (industrie), 1919 (Ratification: 1985)
Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 (Ratification: 1985)
Convention (n° 30) sur la durée du travail (commerce et bureaux), 1930 (Ratification: 1985)

In order to provide a comprehensive view 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), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) together.

Legislative developments.The Committee notes the adoption of Act No. 4/2021 of 3 December 2021, the General Labour Act (GLA), containing provisions implementing the Conventions. The Committee also notes that the GLA repealed Act No. 10/2012, of 24 December 2012, on the General Labour Ordinance.

Articles 1 and 2 of Convention No. 1, Article 1 of Convention No. 30 and Articles 1 and 2(1) of Convention No. 14. Scope of application. The Committee notes that article 5(1) and (9) of the GLA excludes from its scope of application civil servants governed by special regulations, as well as the activity of persons involved in trade operations for one or more employers, provided that they are personally liable for the successful completion of the operations and accept responsibility for the risk. The Committee also notes that section 77(5)(c) of the GLA provides that the hours of work provided for in 77(1) do not apply to workers performing functions which by their nature are not subject to fixed hours of work. The Committee requests the Government to specify how hours of work and weekly rest are regulated in law and in practice for: (i) civil servants; (ii) persons involved in trade operations for one or more employers; and (iii) personnel performing functions that are not subject to fixed hours of work. The Committee also requests the Government to provide examples of categories of workers whose functions are not subject to fixed hours of work.

Hours of work.

Article 6(a) of Convention No. 1 and Articles 7(1)(a) of Convention No. 30. Permanent exceptions. The Committee notes that under section 77(5)(b) of the GLA, the working hours of workers performing intermittent work shall not exceed 12 hours unless otherwise agreed with the employer. The Committee notes that this provision does not include a specific definition of the categories of workers who perform intermittent work and that the 12 hours of work set by section 77(5)(b) may be extended by agreement between the employer and the worker without specifying a maximum limit of hours of work. The Committee recalls that inherently “intermittent work” should be defined narrowly, as work which is not concerned with production as such and which, by its nature, is interrupted by long periods of inaction, during which the workers concerned have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls (2018 General Survey concerning working-time instruments, paragraph 94). The Committee requests the Government to indicate how it ensures that section 77(5)(b) of the GLA applies exclusively to categories of workers whose work is inherently intermittent, that is interrupted by long periods of inaction, and that there is a specific maximum limit of numbers of hours of work.

In addition, the Committee notes that section 77(5)(d) of the GLA sets out that for offshore workers, the maximum duration of hours of work shall be 12 hours, eight of which are statutory and four overtime. Recalling that exceeding the permissible hours of work is allowed in Convention No. 1 (Articles 3 and 6) only under narrow conditions, the Committee requests the Government to indicate under what conditions and to what extent overtime may be imposed on offshore workers.

Article 6(1)(b) of Convention No. 1 and Articles 7(2)(d) of Convention No. 30.Temporary exceptions. Circumstances. Exceptional cases of pressure of work. The Committee notes that section 78(1) of the GLA provides that hours of work may be extended by two hours a day for the purpose of carrying out preparatory or additional work which must necessarily be performed outside normal working hours, or to enable the employer to deal with exceptional cases of pressure of work. It provides also that the scope of such exceptions shall be detailed in a regulation, after consultation with the employers’ and workers’ organizations. The Committee requests the Government to indicate the measures taken or envisaged to adopt regulations specifying the scope of the exceptions for which overtime work is authorized by section 78(1) of the GLA. In that case, the Committee requests the Government to indicate the employers’ and workers’ organizations consulted in the process of developing these regulations.

Weekly rest.

Articles 2 and 4 of Convention No. 14. Principle of weekly rest. Special weekly rest schemes. The Committee notes that section 79(c) of the GLA provides that workers are entitled to a rest day, preferably Sunday, if they have worked for at least six consecutive days. In addition, section 80 of this Act establishes that enterprises shall remain closed on Sundays and that exemptions from this provision concern enterprises or establishments which, for reasons of public interest or for technical reasons, are required to maintain their activity on all or some of these days, in accordance with the decision of the Government subsequent to hearing the occupational organizations, where they exist or according to custom. The Committee requests the Government to provide information on the application of section 80 of the GLA in practice, specifying: (i) the types of establishments and categories of workers included in the special weekly rest schemes authorized under this provision; (ii) the consultations that may take place in this respect with the workers’ and employers’ representatives, where relevant; and (iii) any supplementing legislation that has been adopted within the framework of the above provision.