Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Spain (Ratification: 1971)

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of 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), 30 (hours of work in commerce and offices), 106 (weekly rest in commerce and offices), 132 (holidays with pay), and 153 (hours of work and rest periods in road transport) in a single comment.

The Committee notes the joint observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), and the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), on Conventions Nos 1, 14, 30, 106, 132 and 153, sent with the Government’s report, and also the Government’s reply to these observations on Conventions Nos 1, 14, 30, 106 and 132.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Limits on normal daily and weekly hours of work. With regard to daily and weekly limits on normal hours of work, the Committee notes the CCOO’s indication in its observations that: (i) section 34(1) of Royal Legislative Decree 2/2015 of 23 October 2015, adopting the consolidated text of the Workers’ Statute (hereinafter the Workers’ Statute), defines the maximum duration of ordinary working time as 40 hours per week, in terms of averaging over a whole year, but does not establish the maximum number of hours of work which can be performed by a worker in an actual week; (ii) the only limits on working time are the rest period of at least 12 hours between working days (section 34(3) of the Workers’ Statute) and the minimum weekly rest period of one and a half uninterrupted days which can be cumulated over periods of up to 14 days (section 37(1) of the Workers’ Statute); and (iii) section 34(3) of the Workers’ Statute prescribes a daily maximum of nine hours of work which can be modified through a collective agreement or, failing that, by an agreement between the enterprise and the workers’ representatives, provided that the minimum 12-hour rest period between working days is observed.

The Committee notes the Government’s indication, in reply to the CCOO’s observations, that under section 34 of the Workers’ Statute, the weekly limit exists but is averaged over a period of a year and so it can be exceeded in individual weeks and made up for subsequently under the terms of a collective agreement or, failing that, an agreement between the enterprise and the workers’ representatives, provided that the minimum daily and weekly rest periods (regardless of any overtime worked) are respected. In this regard, the Committee observes that: (i) the 40-hour weekly limit established in section 34(1) of the Workers’ Statute represents only an average of hours during an annual reference period and is not an absolute limit on hours worked in an actual week; (ii) the nine-hour limit on normal daily working time established in section 34(3) of the Workers’ Statute can be changed through a collective agreement or by an agreement between the enterprise and the workers’ representatives; and (iii) the absolute limit of 12 hours of work per day established in section 34(3) of the Workers’ Statute is not a limit on normal working hours but on total hours (including overtime). The Committee recalls that the Conventions set out a double limit (8 hours per day and 48 hours per week) on normal hours of work, and that this limit is cumulative and not alternative (2018 General Survey on working-time instruments, paragraph 176). The Committee also recalls that this absolute limit should not be confused with the averaging of daily and weekly working hours, which is authorized only in certain exceptional cases. The Committee requests the Government to take the necessary steps to ensure in both law and practice that normal hours worked in an actual day or week do not exceed 8 hours per day or 48 hours per week, in accordance with these Articles of the Conventions.

Articles 2(c), 4 and 5 of Convention No. 1 and Articles 4 and 6 of Convention No. 30. Variable distribution of normal daily and weekly hours of work. Further to its previous comments, the Committee notes the Government’s indication in its report that while the two major limits on working time established in the national legislation are observed (namely, 40 hours per week averaged over the year and a 12-hour minimum rest period between two working days – section 34(1) and (3) of the Workers’ Statute), the parties are free to determine the distribution of working hours throughout the year, by means of a collective agreement or an agreement between the enterprise and the workers’ representatives. The Committee notes the CCOO’s indication in its observations that: (i) section 34(2) of the Workers’ Statute does not stipulate that the forms in which working hours are distributed shall be applied only in exceptional cases; (ii) section 41(1) of the Workers’ Statute allows the employer to make unilateral changes, among other conditions of work, to working time, schedules, distribution of working time and rules regarding shift work, if there are proven economic, technical, organizational or production-related grounds; (iii) the Workers’ Statute does not establish precisely what constitutes these grounds. The Committee recalls that in general terms the Conventions only authorize the averaging of working hours over a reference period of one week and on condition that the daily limits of nine or ten hours are not exceeded (Article 2(b) of Convention No. 1 and Article 4 of Convention No. 30); and that in all other cases where the averaging of working hours over periods of more than one week is allowed on an exceptional basis, the circumstances must be clearly specified, as follows:

• where persons are employed in shifts, working time may exceed 8 hours in a day and 48 hours in a week provided that the average number of hours over a period of three weeks or less does not exceed 8 per day and 48 per week (Article 2(c) of Convention No. 1);
• the daily and weekly limits on working time may also be exceeded in work which, by reason of its nature, is required to be carried on continuously by a succession of shifts, on condition that the average working hours do not exceed 56 in the week (Article 4 of Convention No. 1);
• in exceptional cases where it is recognized that the limits of 8 hours per day and 48 hours per week cannot be applied, agreements between workers’ and employers’ organizations can fix a longer limit on daily working hours provided that the average weekly working time, calculated for the number of weeks specified by these agreements, does not exceed 48 hours per week (Article 5 of Convention No. 1) and daily working time does not exceed 10 hours in any day (Article 6 of Convention No. 30).

The Committee therefore requests the Government to take the necessary steps to bring its law and practice into conformity with these Articles of the Conventions.

Articles 3 and 6(1) of Convention No. 1 and Article 7(1) and (2) of Convention No. 30. Exceptions to normal hours of work.Circumstances. Further to its previous comments, the Committee notes the Government’s indication that, under the general regulations, overtime work is voluntary, unless otherwise established in a collective agreement or an employment contract (section 35(4) of the Workers’ Statute). The Committee notes the CCOO’s indication in its observations that the voluntary performance of overtime and the compulsory working of hours agreed upon via a collective agreement or individual employment contract go beyond the scenarios established by the Conventions. In this regard, the Committee observes that section 35 of the Workers’ Statute regulating overtime does not include a precise list of the circumstances in which overtime is permitted. The Committee recalls that the temporary exceptions to normal hours of work are permitted in the Conventions in very limited cases and in specific circumstances. The Committee requests the Government to take the necessary steps to bring its law and practice into conformity with these provisions of the Conventions.

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Limits on the number of additional hours. Further to its previous comments, the Committee notes the Government’s indication that the amount of overtime may not exceed 80 hours per year (section 35(2) of the Workers’ Statute). The Committee also notes the CCOO’s indication in its observations that the limit of 80 overtime hours per year does not cover hours compensated for through rest in the four months after the work has been done or hours worked to prevent accidents or repair damage resulting from accidents or other types of damage. In this regard, the Committee recalls the fundamental importance of prescribing clear statutory limits for additional hours of work and of keeping the number of additional hours allowed within reasonable limits that take into account both the health and well-being of workers, and the employers’ productivity needs (2018 General Survey on working-time instruments, paragraphs 151 and 179). The Committee requests the Government to take the necessary steps to bring its law and practice into conformity with these Articles of the Conventions.

Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30. Compensation for additional hours of work. Further to its previous comments, the Committee notes the Government’s indication that the legislation proposes two alternatives to be established by collective agreement or employment contract: (i) compensating for overtime worked by means of equivalent periods of rest; in the absence of an agreement, it shall be understood that overtime worked must be compensated for by rest within the four months following the period of overtime; or (ii) remunerating overtime up to an amount to be fixed by collective agreement or employment contract, which in any case shall not be less than the remuneration for normal working hours (section 35(1) of the Workers’ Statute). The Committee notes the CCOO’s indication in its observations that section 35(2) of the Workers’ Statute, which provides that remuneration for overtime shall under no circumstances be less than that for normal working hours, violates the provisions of the Convention since it does not prescribe at least 25 per cent more than normal pay rates. In this regard, the Committee recalls the need to provide, in all circumstances, for the payment of overtime at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted (2018 General Survey on working-time instruments, paragraph 158). The Committee requests the Government to take the necessary steps to ensure that in both law and practice the payment of overtime hours is guaranteed at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted, in accordance with Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30.

Application in practice.The Committee requests the Government to provide examples (collective agreements, enterprise agreements, statistics, etc.) of the manner in which it is ensured in practice that the provisions of the Conventions are respected regarding the limits on normal hours of work of 8 hours per day and 48 hours per week in a given week, averaging of hours of work, and overtime hours, in the sectors covered by the Conventions.

Weekly rest

Follow-up to the recommendations of the Tripartite Committee (representation under article 24 of the ILO Constitution)

The Committee notes that in November 2016 the Governing Body approved the report of the Tripartite Committee set up to examine the representation made in 2014 by the Independent Judicial Forum professional association (document GB.328/INS/17/9).

Article 7(2) of Convention No. 106. Permanent exceptions. Compensatory rest. The Committee notes that the Tripartite Committee in its report requested the Government to ask the General Council of the Judiciary to: (i) inform the social partners about the additional measures adopted to ensure that, in practice, judges in judicial districts with only one court of first instance and preliminary investigation benefit from the weekly rest established under the Convention; and (ii) assess the impact of the new system of substitutions on the right to weekly rest for judges, and to inform the social partners, in order to ensure that in practice they benefit from the equivalent of a minimum of 24 hours of rest for every seven days worked, in accordance with the Convention. The Committee observes that the Government’s report does not contain any relevant information in this respect. The Committee requests the Government to provide the detailed information previously requested by the Tripartite Committee.

Article 2(1) of Convention No. 14 and Article 6(1) of Convention No. 106. Minimum weekly rest period. Further to its previous comments regarding section 37(1) of the Workers’ Statute, the Committee notes the Government’s indication that the aforementioned section prescribes a minimum weekly rest period which exceeds that provided for in the Conventions, namely, one and a half days, and two days for persons under 18 years of age; and (ii) in order to provide the necessary flexibility for both enterprises and workers, the possibility is established for this rest period to be accumulated over a maximum period of 14 days. The Committee also notes the CCOO’s indication in its observations that the above-mentioned section allows the continuous, uninterrupted provision of services for periods longer than seven days as a general principle, regardless of whether or not the conditions for exceptions provided for in the Conventions are met. The Committee observes that section 37(1), which provides that workers shall have the right to minimum weekly rest – which can be accumulated over periods up to 14 days – of one and a half uninterrupted days, establishes a general rule and does not refer to exceptional cases within the meaning of Article 4 of Convention No. 14 and Article 7 of Convention No. 106. The Committee once again requests the Government to take the necessary steps, including amendment of section 37(1) of the Workers’ Statute, to ensure in both law and practice that all workers enjoy minimum rest of 24 consecutive hours for each seven-day period actually worked, as required by these Articles of the Conventions. The Committee also requests the Government to provide examples of the manner in which the above-mentioned section of the Workers’ Statute is applied in practice.

Holidays with pay

Article 8 of Convention No. 132. Division of annual holiday with pay into parts. Minimum period of two uninterrupted weeks. Further to its previous comments, the Committee notes the Government’s indication that: (i) paragraph 9(3) of the Decision of 28 February 2019 of the State Secretariat for the Civil Service establishes that holidays shall be taken in minimum periods of five consecutive working days and (ii) paragraph 9(4) of that Decision stipulates that at least half (11 working days) of the total annual holiday must be taken between 16 June and 15 September, unless the work calendar fixes other periods because of the particular nature of the services provided in the respective sphere. The Committee also notes the CCOO’s indication in its observations that paragraph 9(4) of the above-mentioned Decision does not guarantee that one of the possible divisions of the annual holiday period shall have a minimum duration of two uninterrupted working weeks but merely regulates the dates between which the annual holiday must be taken and not the uninterrupted minimum holiday periods, which are regulated by paragraph 9(3). The Committee once again requests the Government to take the necessary steps to ensure in both law and practice that one of the divisions of holidays for public employees in the General Administration of the State and its public bodies consists of at least two uninterrupted working weeks.

Hours of work and rest periods in road transport

Article 2 of Convention No. 153. Exclusions from the scope of application. The Committee notes the CCOO’s indication in its observations that: (i) some of the exclusions established in section 2 of Royal Decree 640/2007 of 18 May 2007, establishing exceptions to the binding regulations regarding driving time and rest periods and the use of tachographs in road transport, go beyond the possible exceptions provided for in Article 2 of the Convention; (ii) no limits or regulations have been laid down regarding driving time or rest periods for these exceptions, which violates Article 2(2) of the Convention; and (iii) Royal Decree 1082/2014 of 19 December 2014, concerning special cases for the application of regulations relating to driving time and rest periods in road transport on islands whose surface area does not exceed 2,300 km2, which lays down specific regulations, significantly worsens working conditions. The Committee observes that transport relating in particular to the following categories is excluded from the scope of application of Royal Decree 640/2007: (i) provision of services relating to sewage, flood protection and water supplies, among others; (ii) circus equipment and fairground attractions; (iii) mobile exhibitions; (iv) cash or valuables; (v) electric or gas-propelled vehicles; (vi) special construction vehicles; (vii) transport in Ceuta and Melilla or on islands with a surface area less than 250 km2; and (viii) empty runs necessary before or after one of the activities covered by an exception. The Committee also notes that, under section 2 of Royal Decree 1082/2014, in road transport undertaken exclusively on islands with a surface area over 250 km2 and not more than 2,300 km2, the following factors apply: (i) reduced weekly rest periods may be applied for three weeks following one week containing a normal weekly rest period; (ii) a daily rest period can be taken in two or three separate periods, one of which cannot be less than eight uninterrupted hours and none of which can be less than one hour; and (iii) a continuous rest break can be replaced by two or three breaks, interspersed with the driving time or occurring immediately after it. The Committee recalls that only persons who drive vehicles engaged in the types of transport specified in Article 2(1) of the Convention can be excluded from the scope of application of the Convention and that adequate standards concerning driving time and rest periods of excluded drivers must be laid down (Article 2(2)). The Committee requests the Government to take the necessary steps to ensure that adequate standards concerning driving time and rest periods are applied to drivers excluded from the scope of the legislation referred to above, in accordance with Article 2 of the Convention.

Articles 5, 6 and 7. Limits on driving time. The Committee notes the CCOO’s indication in its observations that the national legislation: (i) allows up to four and a half hours of continuous driving instead of the four hours established by the Convention; (ii) provides for up to ten hours of daily driving time rather than the nine hours prescribed in Article 6 of the Convention, without any connection with an exceptional situation or a situation of force majeure; (iii) prescribes a break for working days of more than six hours, while the Convention establishes the right to a break after five consecutive hours of work; and (iv) does not provide for any reduction in driving time when carried out under particularly difficult conditions. In this regard, and with reference to its previous comments, the Committee observes that Royal Decree 1561/1995 of 21 September 1995, concerning special working hours, establishes maximum continuous driving time of four and a half hours and a daily driving time limit of nine hours, which can be extended to ten hours twice a week (section 11). The Committee also observes that this Decree does not lay down a 48-hour weekly limit apart from average working hours, and does not stipulate that driving time must be reduced in particularly difficult conditions. The Committee further observes that section 10bis(4) provides that working days of more than six hours must contain a break, but does not state that a break has to be taken after five continuous hours of work. The Committee recalls that: (i) the maximum continuous driving time is four hours and this can only be exceeded by a maximum of one hour on account of particular national conditions, in accordance with Article 5(1) and (2) of the Convention; (ii) the maximum total driving time, including overtime, must not exceed either nine hours per day or 48 hours per week (Article 6(1)). The maximum driving time may be calculated as an average over a number of days or weeks to be determined by the competent authority or body (Article 6(2)); (iii) the maximum total driving time must be reduced in the case of transport activities carried out in particularly difficult conditions (Article 6(3)); and (iv) drivers shall be entitled to a break after five continuous hours of work (Article 7). The Committee requests the Government to take the necessary steps to bring its law and practice into conformity with Articles 5, 6 and 7 of the Convention.

Article 11. Inspection and penalties. Application in practice. The Committee notes the statistical data provided by the Government on the results of the activity of the Labour and Social Security Inspectorate (ITSS) with respect to working time, including overtime hours, in the road transport sector for the 2018–22 period, in relation to: (i) operations conducted; (ii) violations recorded and penalties imposed; (iii) compliance orders; and (iv) mediation and consultation. The Committee requests the Government to continue providing statistical information on the results of the activity of the ITSS with respect to working time in the road transport sector.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6(1) of the Convention. Minimum weekly rest period. In its previous comments, the Committee noted that the unrestricted possibility of accumulating weekly rest over a period of two weeks pursuant to section 37(1) of the Workers’ Statute is not fully consistent with the letter and the spirit of the Convention. The Committee also noted that the fact that section 37(1) of the Worker’s Statute may reflect a similar permissive provision contained in Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organization of working time, is not in itself sufficient to ensure compliance with the requirements of this Convention. In its latest report, the Government indicates that, in any event, the need to consult the workers’ representatives before introducing exceptions to the general 36 hours’ rest per week rule offers adequate protection against any unjustified decision taken unilaterally by the employer. The Government refers, in this respect, to certain collective agreements that continue to provide for between 36 and 48 hours of rest to be taken in each seven-day period. The Committee wishes to reiterate that by authorizing in general terms and without specific conditions the accumulation of weekly rest over a 14-day period, section 37(1) of the Workers’ Statute fails to give effect to the basic principle of Article 6 of the Convention which requires a minimum uninterrupted rest of 24 hours in the course of each period of seven days. The Convention permits, of course, temporary and permanent exemptions but only under limited circumstances specified in Articles 7 and 8. The Committee accordingly asks the Government to consider appropriate action in order to ensure that any exceptions to the workers’ standard entitlement to weekly rest are limited to those provided for in the Convention. The Committee also requests the Government to communicate more detailed information on the extent to which use is made in practice of the possibility to accumulate weekly rest over a 14-day period.

In addition, the Committee notes the comments of the Trade Union Confederation of Workers’ Commissions (CC.OO.), which were received on 30 August 2013 and communicated to the Government on 16 September 2013, as well as the comments of the General Union of Workers (UGT), which were received on 4 September 2013 and transmitted to the Government on 23 September 2013. The UGT indicates that in the commercial sector, enterprises do not comply with legislation on weekly rest so that workers often enjoy only one day of rest instead of the statutory one-and-a-half days. The UGT alleges that such practice is particularly frequent in department stores, even though the Supreme Court has established on three occasions the obligation of enterprises to grant weekly rest in a manner that does not overlap with daily rest. Moreover, the UGT and the CC.OO. maintain that the regulations of the central Government and autonomous regions allowing shops to open on a seven-day basis weaken the possibility of workers to fully enjoy their right to weekly rest. In reply to the comments of the UGT, the Government indicates that the Labour and Social Security Inspectorate is charged with monitoring compliance with the working hours and rest periods. While noting the Government’s statistical information provided in its report regarding compliance with working time, the Committee requests the Government to take the necessary measures to ensure that the principle of at least 24-hours rest per week is effectively implemented in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 7 of the Convention. Special weekly rest schemes. The Committee notes the Government’s explanations in reply to its previous comment concerning the accumulation of half-day rest periods over a period of up to four weeks or the division of the rest period, with the half day being granted on another day of the week. According to these explanations, section 6 of Decree No. 1561/1995 of 21 September 1995 makes no difference to the principal obligation of the Convention to grant an uninterrupted weekly rest period comprising not less than 24 hours for each period of seven days.

Substantial modification of conditions of work. The Committee notes the Government’s explanations in reply to its previous comments concerning the application of section 41(1) of the Workers’ Statute, which allows an employer to make substantial modifications to conditions of work, including those relating to hours of work, where there are established grounds for doing so, whether they are of an economic or technical nature, or related to organization or production. According to these explanations, a substantial modification to conditions of work imposed by the employer cannot undermine the provisions concerning weekly rest, as these are minimum requirements which cannot be modified.

Part V of the report form. Practical application. The Committee notes the statistics supplied by the Government relating to infringements reported in relation to working hours for the 2007–08 period. The Committee would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services, information concerning the number of workers covered by the relevant legislation in force or by other measures mentioned in Article 1 of the Convention, the number and nature of infringements reported and sanctions imposed, copies of relevant collective agreements, etc.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6, paragraph 1, of the Convention. Minimum weekly rest period. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 37(1) of the Workers’ Statute, which provides for the possibility of accumulating weekly rest days over a period not exceeding 14 days, contrary to the provisions of Article 6, paragraph 1, of the Convention, which requires the granting of an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days. In this regard, the General Union of Workers (UGT) emphasized in its previous comments that this provision could affect the health and safety of workers and also the quality of work performed.

The Government states in its report that the national legislation as a whole applies the provisions of the Convention and that the exceptions to the general system may not be imposed unilaterally by the employer but are negotiated with workers’ representatives. The Government adds that the legislation is in full conformity with the provisions of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organization of working time, in particular article 16(a) thereof, which states that Member States may lay down a reference period not exceeding 14 days. While noting the Government’s explanations, the Committee reiterates that section 37(1) of the Workers’ Statute remains contrary to the provisions of the Convention. The Committee therefore hopes that the Government will review this matter and take the necessary steps in the near future to bring its legislation into full conformity with the provisions of the Convention.

The Committee is also raising a number of other points in a direct request to the Government.

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

The Committee notes the Government’s reply to its previous comment. It also notes a communication from the General Confederation of Workers (UGT). This communication has been forwarded to the Government, which has not yet replied.

Article 6, paragraph 1, of the Convention. Minimum period of weekly rest. Section 37(1) of the Workers’ Charter provides that workers shall be entitled to an uninterrupted period of rest of at least one-and-a-half days in the week, which may be accumulated over a period not exceeding 14 days.

In its communication, the UGT contends that the new Spanish labour law introduces a period of work extended over two weeks which creates serious risks for the health and safety of workers in certain branches of activity and may affect the quality of the work performed. In commerce and activities related to office work, as well as in certain services sectors, such as hospitals and hotels, work is performed practically without a break and with compensatory days of rest being granted when it suits the enterprise. The UGT concludes that the possibility of accumulating weekly rest over a period of 14 days is contrary to the provisions of the Convention.

In its report, the Government indicates that the application of section 37(1) of the Workers’ Charter can indeed have the consequence that the granting of one day of rest a week, as prescribed by the Convention, is not guaranteed. However, if over a period of two weeks no rest has been granted during the first week, the rest period during the second week will be three days. This provision is intended both to take into account the need to protect workers in relation to occupational safety and health and to ensure the flexibility to allow production processes to achieve maximum efficiency. It is in conformity with European Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time, which authorizes States to establish a reference period not exceeding 14 days for the purposes of the weekly rest period. In its previous comments, the Committee emphasized that, by allowing such an accumulation of weekly rest as a general rule and in all circumstances, section  37(1) of the Workers’ Charter is not in conformity with Article 6, paragraph 1, of the Convention, which requires the granting of an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days. Although the above Directive authorizes recourse to reference periods of 14 days, this is not the case of the present Convention. The Committee once again requests the Government to take the necessary measures to amend this provision so as to ensure that it is in conformity with the Convention.

Article 7. Special schemes. Commerce and hotels. Section 6 of Royal Decree No. 1561/1995, of 21 September 1995, provides that in the commerce and hotels sectors a collective agreement or, if no such agreement exists, an agreement between the enterprise and the workers’ representatives, may provide for the accumulation of half-day periods over a period of up to four weeks or the division of the rest period, with the half day being granted on another day of the week. In its report, the Government refers to a certain number of collective agreements applicable in the commerce sector. For example, the collective agreement for department stores, published by Resolution of 23 July 2001, provides that one day of weekly rest may be compensated by another day of rest during the course of the week, on a rota basis; furthermore, an agreement between the enterprise and the workers may provide that the remaining half-day of the weekly rest period may be accumulated over a maximum period of four weeks. In its report, the Government considers that the collective agreements to which it refers are in general terms, in conformity with Article 6, paragraph 1, of the Convention and, in so far as they are not, they are covered by Article 7 of the Convention. However, the special schemes introduced under this latter provision have to comply with a number of conditions, including the requirement that the persons covered by such special schemes shall be entitled, in respect of each period of seven days, to a rest period of a total duration of at least 24 hours. The existence of a collective agreement such as the one referred to by the Government cannot undermine this rule. Accordingly, while it is possible, in the context of special schemes, to divide the weekly rest period during the week, the Convention does not allow the accumulation of rest days in the manner established in the national legislation. The Committee requests the Government to take appropriate measures to ensure that all persons to whom such special schemes apply are entitled, in respect of each period of seven days, to a rest period of a total duration of at least 24 hours.

Substantial modification of conditions of work. Section 41(1) of the Workers’ Charter allows an employer to make substantial modifications to conditions of work, including those relating to hours of work, where there exist established reasons for so doing, whether they are of an economic or technical nature, or related to organization or production. The Government is requested to provide detailed information on the circumstances in which employers are authorized to modify conditions of work in this manner. Furthermore, the Government indicates in its report that an employer who modifies in a substantial manner the conditions of work shall do so within the context of the applicable regulations, including those on the weekly rest period. With regard to compensatory rest periods, the Government refers in its report under Convention No. 14 to section 2 of Royal Decree No. 1561/95, under which the reductions in the weekly rest period provided for by this text have to give rise to compensation. Nevertheless, this provision does not apply to the substantial modifications of conditions of work imposed under section 41(1) of the Workers’ Charter. The Committee therefore requests the Government to provide information on the compensatory rest periods granted in these circumstances.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the Government’s report and the information supplied in answer to its previous direct request. It also notes the observations made by the Trade Union Confederation of Workers’ Committees (CC.OO.) on the effect given to Article 6 of the Convention.

Article 6, paragraph 1, of the Convention.  The Committee notes that, according to the CC.OO., section 37.1 of the Workers’ Charter is in breach of the provisions of this Article of the Convention, which provides for a weekly rest period of at least 24 consecutive hours in each seven-day period. The Committee is of the view that by allowing the weekly rest to be accumulated for up to 14 days as a general rule and in all circumstances, section 37.1 of the Workers’ Charter goes beyond what Article 6, paragraph 1, of the Convention allows.

Article 7.  The Committee takes note of Royal Decree No. 1561/1995 adopted pursuant to section 34.7 of the Workers’ Charter. It notes that according to the terms of this Decree, commerce is one of the sectors with specific requirements for which the Government may allow an increase or reduction in the number of days’ work and rest periods. The Committee draws the Government’s attention to the establishments to which the Convention must be applied pursuant to Article 2, and asks the Government to provide all available information on the commercial establishments on which a decision has been taken pursuant to the abovementioned Decree.

The Committee also notes the provisions of section 41.1 of the Workers’ Charter which provides that, as a general rule, for unavoidable reasons dictated by the economy, technology, organization or production of the enterprise, the employer may decide to make substantial changes in conditions of employment, particularly in respect of working time. In this connection, it wishes to point out to the Government that, according to Article 7, paragraph 2, it is necessary to grant all workers to whom special weekly rest schemes apply, pursuant to paragraph 1, a rest period of at least 24 consecutive hours for each seven-day period.

The Committee trusts that the Government will take due account of its comments and that it will take the necessary steps as soon as possible to bring its legislation into line with the provisions of the two abovementioned Articles of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that section 4, paragraph 4, of Act 11/1994 of 19 May 1994 amends section 37.1 of the Workers' Charter (Act 8/1980 of 10 March 1980) to provide that workers entitled to an uninterrupted minimum weekly rest period, which can be accumulated for up to two weeks, of one day and a half, and as a general rule, comprising the whole day Sunday and Saturday afternoon or Monday morning. With regard to increases and reductions of the weekly rest period and alternative weekly rest schemes, this provision invokes section 34, paragraph 7, of the Workers' Charter (set forth by section 4, paragraph 1, of Act 11/1994). Section 34, paragraph 7, states that pursuant to a proposal from the Ministry of Labour and Social Security and following consultation with the employers' and workers' organizations concerned, the Government may increase or reduce working days and rest periods in those sectors and jobs which by virtue of their peculiarities necessitate such modifications. The Committee requests the Government to indicate whether the workers to whom special weekly rest schemes apply because of the nature of the work, the nature of the service performed by the establishment, the size of the population to be served or the number of persons employed in accordance with Article 7, paragraph 1, of the Convention, are guaranteed a rest period of at least 24 hours in respect of each period of seven days.