Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Serbia (Ratification: 2000)

The Committee notes that the first report on the application of the Convention only provides information on the Republic of Serbia and does not contain information on the application of the Convention in the Republic of Montenegro. It therefore requests the Government to provide full information also on the application of the Convention in the Republic of Montenegro.

The Committee also notes the observations made by the World Confederation of Labour (WCL). The Government has not, as yet, commented on these observations.

The Committee requests the Government to provide additional information on the application of the Convention in Serbia on the following points.

Article 6, paragraphs 2, 3 and 4 of the Convention. Provision of weekly rest. Section 51 of the Labour Code states that workers are entitled to a weekly rest of at least 24 consecutive hours. The WCL observes that the Labour Code does not stipulate the weekly rest days or the normal weekly rest scheme. The Committee requests the Government to indicate whether the weekly rest is, wherever possible, granted simultaneously to all the persons concerned in each establishment (Article 6, paragraph 2); whether the weekly rest period coincides, wherever possible, with the weekly rest established as a day of rest by its traditions and customs (Article 6, paragraph 3); and how the traditions and customs of religious minorities are, as far as possible, respected (Article 6, paragraph 4).

Article 7, paragraph 1. Special weekly rest schemes. Section 44 of the Labour Code allows averaging of working time as long as the employee is provided with their daily and weekly rest set by law, within a period not longer than 30 consecutive days. The Committee recalls that special weekly rest schemes can be applied where the nature of the work, service performed by the establishment, the size of the population to be served, or the number of persons employed is such that the weekly rest cannot be applied. In such cases, measures can be taken by the competent authority to specified categories of persons or specified types of establishments covered by the Convention to apply the special weekly rest scheme. Regard must be paid to all proper social and economic consideration when approving such measures.

The Committee also brings to the Government’s attention the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), in particular, Paragraph 3(a) which states that special weekly rest schemes provided for by Article 7 of the Convention should ensure that persons to whom such special schemes apply do not work for more than three weeks without receiving the rest periods to which they are entitled. The provision of weekly rest should be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. The Committee therefore requests the Government to indicate how it ensures that the special weekly rest scheme can only be applied in those cases enumerated in Article 7(1), paragraph 1.

Article 7, paragraph 4. The Committee also requests the Government to indicate whether all special weekly rest schemes have been approved by the competent authority, and only after consultations with the representative employers’ and workers’ organizations concerned.

Article 8. Temporary exemptions. Section 51 of the Labour Code states that if it is indispensable that the employee works on the day of the weekly rest, she/he shall be provided with a one-day recess in the course of the following week. The WCL observes that the general language used to permit the temporary exemption appears to be contrary to Article 8. The Committee recalls that Article 8, paragraph 1, lists the circumstances in which temporary exemptions can be approved by the competent authority. As the wording in section 51 allows exceptions to be granted without authorization by the competent authority and for all circumstances, it requests the Government to make the necessary changes to bring the provision in line with the Convention. It reminds the Government of the importance of the weekly rest in order to safeguard the workers’ health the safety. The Committee also recalls that temporary exemptions should be adopted after consultations with the employers’ and workers’ organizations concerned.

Article 8, paragraph 3. Compensatory rest. The WCL observes that section 51 of the Labour Code appears to provide only for a one-day recess in the course of the following week for work carried out on the day of the weekly rest. The Committee recalls that the Convention requires the worker to be granted compensatory rest of a total duration of not less than 24 consecutive hours.

[The Government is asked to reply in detail to the present comments in 2005.]