Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 No. 1 (hours of work), Nos 14 and 106 (weekly rest), and No. 89 (women’s night work), together. Following its last comments, the Committee notes that the Government provides information in its reports on the provisions of the General Labour Act of 2015 (Act No. 7/15, thereafter, the Act) implementing the Conventions.

Hours of work

Article 2(b) of Convention No. 1. Variable distribution of hours of work during the week. The Committee notes that the Act establishes that normal hours of work are limited to eight hours a day and 44 hours a week (section 95(1)). The Act allows variable distribution of working hours by collective or individual agreement (section 3(17) and (34) and section 97(2)). The Committee notes that: (i) section 95(2) allows normal weekly working hours to be increased to 54 hours in case of modulated or variable working hours; and section 95(3), which sets limits to the possible extension of daily working hours, appears to apply only to intermittent work. The Committee recalls that Article 2(b) allows regular averaging of hours of work within the limits of 48 hours per week and nine hours per day. It also requires such working-time arrangement be adopted with the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations. The Committee therefore notes that the regular averaging scheme under the Act is not fully in conformity with the Convention given that: (i) the weekly limit set in section 95(2) exceeds the 48-hour limit set in the Convention; (ii) no clear limit of nine hours per day is established in this context; and (iii) regular averaging schemes can be provided for by individual agreements. The Committee therefore requests the Government to review the corresponding provisions of the Act in light of the Article 2(b). It also request the Government to provide information on the implementation of regular averaging schemes in practice.

Article 5. Variable distribution of working hours over periods longer than the week. The Committee notes that section 104 of the Act provides for special working-time arrangements whereby continuous work is performed for a maximum of four weeks followed by an equal period of rest. According to section 104(2)(e), hours of work are calculated on an annual basis, based on a 44 hours working week. In this scheme, if shift work is involved, the daily hours of work may be up to 12 hours. No daily limit is otherwise specifically set. The Committee recalls that Article 5 allows for variation of daily limit of work over periods longer than a week only in exceptional cases and such variation may be established through agreement between workers’ and employers’ organizations to which the Government may give the force of regulations. The Committee requests the Government to provide information on the circumstances in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 6(2). Rate of pay for overtime. The Committee notes that section 117 of the Act provides that workers of small and micro-sized enterprises shall be remunerated for overtime with an increase of the rate of normal hours of work of 20 per cent and 10 per cent respectively, whereas workers in larger enterprises get much more favourable rates (up to 75 per cent in certain cases). The Committee requests the Government to take the necessary measures to ensure compliance with Article 6(2), which requires a rate of pay for overtime not less than one and one-quarter times the regular rate, regardless of the size of the enterprise.

Weekly rest

Article 7(1) of Convention No. 106. Permanent exceptions to the normal weekly rest scheme. With reference to the scheme provided for under section 104 of the Act, as described above, the Committee recalls that Article 7(1) provides that special weekly rest schemes can only be introduced with respect to specified categories of persons or specified types of establishments covered by the Convention (commerce and offices). Further to its request under Convention No. 1 above, the Committee therefore asks the Government to specify the categories of persons or types of establishments covered by the Convention in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106. Consultations with representative employers’ and workers’ organizations in case of permanent exceptions. The Committee notes that section 119 of the Act provides for the possible adoption of permanent exceptions to the normal weekly rest scheme, whereby weekly rest can be given on a day other than Sunday, in case of continuous work or for reasons of public interest or technical reasons. The same provision refers to decisions of the public authorities to determine the specific activities or establishments concerned. The Committee recalls that Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106 provide that measures concerning permanent exceptions to weekly rest shall be adopted in consultations with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the decisions adopted in application of section 119 of the Act and the consultations held in this regard.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. The Committee notes that section 245(1)(b) of the Act prohibits women form working at night in industrial undertakings. While noting that the Act also provides for exceptions and possible derogations from this principle, the Committee recalls that that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to review the provisions of section 245 of the Act in light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect.

However, it takes note of the adoption of the new General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to provide all implementing texts of the Law in view of a complete examination of the new legislation.

The Committee hopes that the next report will contain full information on the matters raised in its previous comments.

Article 2 of the Convention. Weekly rest. The Committee notes the observations made in 2009 by the National Union of Angolan Workers (UNTA), according to which cases of non-compliance with the Convention have been reported especially in the construction sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, sample copies of any standard working time chart that the Government may have approved for the purpose of keeping workers informed of the weekly rest arrangements applicable to them, etc.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the adoption of the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of the new law which give application to the Convention.

In addition, the Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the adoption of the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of the new law which give application to the Convention.

In addition, the Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the adoption of the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of the new law which give application to the Convention.

The Committee also notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 6 of the Convention. Limits on normal daily and weekly hours of work and permissible exceptions. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) of 2008 concerning the application of the Convention. The UNTA indicates that contrary to section 321 of the General Labour Act No. 2/2000, which provides for the adoption of regulations for the implementation of the Act within 18 months from the date of its entry into force, no such regulations have so far been adopted, and as a result, numerous categories of workers currently excluded from the scope of application of the General Labour Act remain unprotected. While noting that no industrial workers appear to be excluded from the General Labour Act under section 2 of the Act, the Committee requests the Government to provide clarifications with regard to the adoption of the regulations provided for in section 321 of the Act, especially in so far as they may impact on the matters dealt with in the Convention. In addition, the Committee requests the Government to provide in its next report detailed information on the points raised previously regarding the application of Articles 5 (standby and alternating working time arrangements), 6 (temporary exceptions), 7 (list of exceptions) and 8 (sanctions) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Weekly rest. The Committee notes the observations made in 2009 by the National Union of Angolan Workers (UNTA), according to which cases of non-compliance with the Convention have been reported especially in the construction sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, sample copies of any standard working time chart that the Government may have approved for the purpose of keeping workers informed of the weekly rest arrangements applicable to them, etc.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 4 and 8 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of General Labour Act No. 2/2000, which provides that women may be authorized to work at night in cases of shift work if they so agree, thus introducing broader exceptions to the prohibition of night work for women than those permitted under the Convention. The Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89, which allows for negotiated exemptions from the prohibition of night work and variations in the duration of the night period, and has been inviting the Government to give favourable consideration to the ratification of either the 1990 Protocol or the Night Work Convention, 1990 (No. 171), which covers all sectors and applies to all night workers irrespective of gender.

In light of the observations made in 2008 by the National Union of Angolan Workers (UNTA) on the application of the Convention, and also in view of the fact that the Government has not yet taken any measures to ensure the conformity of its law and practice with relevant ILO standards, the Committee is obliged to reiterate that the present trend is to replace restrictions on women’s night work with gender-sensitive regulations offering safety and health protection to both men and women. Noting that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination, the Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Angola is a party since September 1986), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Committee therefore requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the 1990 Protocol or Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of either instrument.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 6 of the Convention. Weekly rest. The Committee notes the observations made in 2008 by the National Union of Angolan Workers (UNTA) according to which cases of non-compliance with the Convention have been reported especially in the security services sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. While noting these explanations, the Committee recalls its previous comment and would appreciate if the Government would specify how effect is given to the requirements of the Convention with respect to: (i) public servants and other categories of workers currently excluded from the scope of application of the General Labour Law; (ii) compensatory rest of a total duration at least equivalent to 24 hours; and (iii) consultation with employers’ and workers’ organizations in determining the circumstances in which permanent and temporary exemptions from the general weekly rest scheme may be granted. The Committee would also be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 4 and 8 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of General Labour Act No. 2/2000, which provides that women may be authorized to work at night in cases of shift work if they so agree, thus introducing broader exceptions to the prohibition of night work for women than those permitted under the Convention. The Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89, which allows for negotiated exemptions from the prohibition of night work and variations in the duration of the night period, and has been inviting the Government to give favourable consideration to the ratification of either the 1990 Protocol or the Night Work Convention, 1990 (No. 171), which covers all sectors and applies to all night workers irrespective of gender.

In light of the observations made in 2008 by the National Union of Angolan Workers (UNTA) on the application of the Convention, and also in view of the fact that the Government has not yet taken any measures to ensure the conformity of its law and practice with relevant ILO standards, the Committee is obliged to reiterate that the present trend is to replace restrictions on women’s night work with gender-sensitive regulations offering safety and health protection to both men and women. Noting that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination, the Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Angola is a party since September 1986), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Committee therefore requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the 1990 Protocol or Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of either instrument.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2 and 6 of the Convention. Limits on normal daily and weekly hours of work and permissible exceptions. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) of 2008 concerning the application of the Convention. The UNTA indicates that contrary to section 321 of the General Labour Act No. 2/2000, which provides for the adoption of regulations for the implementation of the Act within 18 months from the date of its entry into force, no such regulations have so far been adopted, and as a result, numerous categories of workers currently excluded from the scope of application of the General Labour Act remain unprotected. While noting that no industrial workers appear to be excluded from the General Labour Act under section 2 of the Act, the Committee requests the Government to provide clarifications with regard to the adoption of the regulations provided for in section 321 of the Act, especially in so far as they may impact on the matters dealt with in the Convention. In addition, the Committee requests the Government to provide in its next report detailed information on the points raised previously regarding the application of Articles 5 (standby and alternating working time arrangements), 6 (temporary exceptions), 7 (list of exceptions) and 8 (sanctions) of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Weekly rest. The Committee notes the observations made in 2009 by the National Union of Angolan Workers (UNTA), according to which cases of non-compliance with the Convention have been reported especially in the construction sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, sample copies of any standard working time chart that the Government may have approved for the purpose of keeping workers informed of the weekly rest arrangements applicable to them, etc.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 6 of the Convention. Weekly rest. The Committee notes the observations made in 2008 by the National Union of Angolan Workers (UNTA) according to which cases of non-compliance with the Convention have been reported especially in the security services sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. While noting these explanations, the Committee recalls its previous comment and would appreciate if the Government would specify how effect is given to the requirements of the Convention with respect to: (i) public servants and other categories of workers currently excluded from the scope of application of the General Labour Law; (ii) compensatory rest of a total duration at least equivalent to 24 hours; and (iii) consultation with employers’ and workers’ organizations in determining the circumstances in which permanent and temporary exemptions from the general weekly rest scheme may be granted. The Committee would also be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 6 of the Convention. Limits on normal daily and weekly hours of work and permissible exceptions. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) concerning the application of the Convention. The UNTA indicates that contrary to section 321 of the General Labour Act No. 2/2000, which provides for the adoption of regulations for the implementation of the Act within 18 months from the date of its entry into force, no such regulations have so far been adopted, and as a result, numerous categories of workers currently excluded from the scope of application of the General Labour Act remain unprotected. While noting that no industrial workers appear to be excluded from the General Labour Act under section 2 of the Act, the Committee requests the Government to provide clarifications with regard to the adoption of the regulations provided for in section 321 of the Act, especially in so far as they may impact on the matters dealt with in the Convention. In addition, the Committee requests the Government to provide in its next report detailed information on the points raised previously regarding the application of Articles 5 (standby and alternating working time arrangements), 6 (temporary exceptions), 7 (list of exceptions) and 8 (sanctions) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Weekly rest. The Committee notes the observations made by the National Union of Angolan Workers (UNTA), according to which cases of non-compliance with the Convention have been reported especially in the construction sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, sample copies of any standard working time chart that the Government may have approved for the purpose of keeping workers informed of the weekly rest arrangements applicable to them, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 4 and 8 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of the General Labour Act No. 2/2000, which provides that women may be authorized to work at night in cases of shift work if they so agree, thus introducing broader exceptions to the prohibition of night work for women than those permitted under the Convention. The Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89, which allows for negotiated exemptions from the prohibition of night work and variations in the duration of the night period, and has been inviting the Government to give favourable consideration to the ratification of either the 1990 Protocol or the Night Work Convention, 1990 (No. 171), which covers all sectors and applies to all night workers irrespective of gender.

In light of the observations made by the National Union of Angolan Workers (UNTA) on the application of the Convention and also in view of the fact that the Government has not yet taken any measures to ensure the conformity of its law and practice with relevant ILO standards, the Committee is obliged to reiterate that the present trend is to replace restrictions on women’s night work with gender-sensitive regulations offering safety and health protection to both men and women. Noting that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination, the Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Angola is a party since September 1986), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Committee therefore requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the 1990 Protocol or Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of either instrument.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 6 of the Convention. Weekly rest. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) according to which cases of non-compliance with the Convention have been reported especially in the security services sector. In its reply, the Government indicates that the labour inspection services are responsible for controlling and punishing any infringements of the relevant legislation. The Government also refers to statistical information on inspection results that are regularly communicated to the Office. While noting these explanations, the Committee recalls its previous comment and would appreciate if the Government would specify how effect is given to the requirements of the Convention with respect to: (i) public servants and other categories of workers currently excluded from the scope of application of the General Labour Law; (ii) compensatory rest of a total duration at least equivalent to 24 hours; and (iii) consultation with employers’ and workers’ organizations in determining the circumstances in which permanent and temporary exemptions from the general weekly rest scheme may be granted. The Committee would also be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

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

Article 2 of the Convention. Exemption of persons holding managerial positions. The Committee notes the Government’s explanation that section 107(2) in the General Labour Act No. 2/00 of 11 February 2000 seeks to exempt from working time rules, persons performing responsible and confidential functions or holding positions of trust and control, and therefore the exclusion clause of Article 2(a) of the Convention applies.

Article 5. Standby and alternating working-time arrangements. Further to its previous comment, the Committee notes the Government’s indication that, under the standby arrangements provided for in section 120(2) of the General Labour Act, workers still receive pay for the time spent on standby. As regards alternating working-time arrangements (i.e. four continuous working weeks followed by an equal period of rest) provided for in section 121(1) of the General Labour Act, the Committee is bound to observe that such arrangements are incompatible with the requirements of the Convention. It recalls that the Convention lays down a double limit of daily and weekly hours of work which may be exceeded only in limited and well-circumscribed circumstances. It refers, in this connection, to paragraph 57 of the General Survey of 2005 on hours of work in which it pointed out that the limitations on normal working hours laid down in the Convention should be viewed as strict maximum limits which are not liable to variation or waiver at the free will of the parties. The Committee therefore requests the Government to amend the provisions of the General Labour Act concerning alternating working-time arrangements in order to bring them into line with the Convention.

Article 6, paragraph 1(b). Temporary exceptions. While noting the Government’s statement that work schedules are subject to the approval of the general labour inspectorate, the Committee observes that section 102 of the General Labour Act, which permits overtime in case of imperative needs of production or services, goes beyond the scope of temporary exceptions that may be allowed under this Article of the Convention. The Committee therefore requests the Government to consider appropriate amendments to bring the General Labour Act into full conformity with the Convention on this point.

Article 7. List of exceptions. The Committee notes the Government’s reference to section 20(2) of the Strike Act enumerating the establishments that are required to provide uninterrupted services and thus ensure a minimum service in the event of strike action. The Committee observes in this regard that the establishments concerned do not necessarily operate under exceptional working-time arrangements, such as those provided for in Articles 4, 5 and 6 of the Convention, simply because they provide essential services (the nature of the services provided by these undertakings may have some bearing on the right to strike of their employees but is not strictly relevant to the organization of the working time). The Committee therefore once again requests the Government to provide, in accordance with Article 7 of the Convention: (i) a list of all industrial enterprises which may exceed the weekly 48-hour limit within a maximum of 56 hours on the average by reason of the continuous nature of the process (Article 4); (ii) full particulars on any agreements on extended daily limits of work over a certain number of weeks due to exceptional circumstances (Article 5); and (iii) detailed information on any regulations authorizing permanent or temporary exceptions from the standard hours of work on specific grounds (Article 6).

Article 8(2). Sanctions. While noting the Government’s statement that it is an offence to employ workers beyond the authorized maximum number of working hours, the Committee requests the Government to indicate the legal provisions which prescribe specific sanctions for failure to comply with the national legislation on working time.

Part VI of the report form. Noting that the Government has not provided general information on the practical application of the Convention for a number of years, the Committee requests the Government to supply together with its next report up to date information, including, for instance, statistics – if possible broken down by occupational category and gender – on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of contraventions of the working-time rules and sanctions imposed, copies of official documents or reports addressing working-time issues or any difficulties encountered in the implementation of the Convention, etc.

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

Article 7 of the Convention. Notices and rosters. The Committee notes that section 123(2) of the General Labour Law No. 2/00 of 11 February 2000 requires a working time chart to be affixed at the workplace in a clearly visible manner accessible to all workers. It also notes that under section 122(1), working time is defined to include the time of starting and ending of the normal period of daily work, the daily rest and meal breaks and the weekly rest day. The Committee would appreciate receiving a copy of any standard working time chart that the Government may have approved for the purpose of keeping workers informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee notes the information on labour inspection results contained in the annual report of the General Labour Inspectorate of 2007. It would be grateful if the Government would continue supplying up to date information on the implementation and enforcement of the legislation concerning weekly rest, including, for instance, inspection reports and statistics on the contraventions of the weekly rest legislation observed and sanctions imposed, etc.

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

Article 4 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of the General Labour Act No. 2/2000 which provides for broader exceptions to the prohibition of night work of women than those permitted under the Convention. The Committee has also been drawing attention to the Protocol of 1990 to Convention No. 89, which expands considerably the exemption possibilities with regard to the prohibition of night work for women, and has been inviting the Government to give favourable consideration to its ratification. In the absence of any specific reply on this point, the Committee is obliged to reiterate that the aforementioned provision of the General Labour Act is not consistent with the Convention and calls for remedial action. In the light of the foregoing observations, the Committee once again invites the Government to consider the possibility of ratifying either the 1990 Protocol which affords greater flexibility in the application of Convention No. 89 while remaining focused on the protection of female workers, or Convention No. 171 which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers irrespective of gender. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

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

Article 2 of the Convention. Weekly rest for public servants. Further to its previous comment on this point, the Committee notes the Government’s reply that while public servants are excluded from the scope of application of the General Labour Law No. 2/00 of 11 February 2000, they are protected under the legislation governing public service in general. It asks the Government to specify the provisions and transmit a copy of any relevant text.

Article 7, paragraph 4, and Article 8, paragraph 2. Consultation with employers’ and workers’ organizations. Please explain how it is given effect to the requirements of these Articles of the Convention in applying permanent and temporary exemptions from the general weekly rest scheme entitlement.

Article 8, paragraph 3. Compensatory rest. The Committee notes that under section 131 of the General Labour Law, workers are entitled to compensatory rest for working on the weekly rest day, which may be a half-day or one full day depending on the number of hours of work performed on the weekly rest day (half-day for less than four hours of work and one full day for more than four hours of work). Recalling that this Article of the Convention requires in all cases a compensatory rest period of a total duration at least equivalent to 24 hours, the Committee requests the Government to clarify how the Convention is given effect in this regard.

Part V of the report form. The Committee would appreciate receiving up to date information on the practical application of the Convention including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided in the Government’s report, in particular the adoption of the General Labour Act of 11 February 2000.

Article 1 of the Convention. The Committee notes that under section 107(2) of the General Labour Act, workers who perform on the employer’s behalf functions of trust or control, and workers who regularly work in varying places outside the fixed workplace, such that their work is not directly supervised or controlled, may be exempted from the working time rules, subject to authorization by the General Labour Inspectorate. The Committee requests the Government to specify whether any workers coming within the scope of the Convention have been exempted by the General Labour Inspectorate and, if so, whether their hours of work and overtime pay are regulated in accordance with the requirements of Articles 2 and 6 of the Convention.

Article 5. The Committee notes that under section 120(1) of the General Labour Act, stand-by arrangements may be made for certain categories of workers. The Committee recalls that in the absence of a clear definition of "stand-by" in the Convention, if the time spent on stand-by is time during which the employee is effectively at the disposal of the employer, then these hours must be regarded as working time and be paid their normal rate of pay. Moreover, the Convention does not provide for alternative working time arrangements such as those provided for in section 121(1) of the General Labour Act. The Committee reminds the Government that the limits prescribed in Articles 2 and 5 of the Convention should be considered as elementary guarantees to safeguard the health and welfare of workers and protect them against the risk of abuse. The Committee therefore requests the Government to indicate how it is ensured that the time spent on stand-by and alternative working time arrangements conforms to the limits contained in the Convention and to consider amendments, where necessary, to bring its legislation into line with the Convention in this respect.

Article 6. The Committee notes that section 102(2)(d), (e) and (g) of the General Labour Act allows for overtime work for the performance of tasks which fall outside the scope of temporary exceptions specified in the Convention, in particular, overtime for the substitution of workers, movement, transformation or processing of easily perishable products, and extension of work up to 30 minutes after closure. Recalling that temporary exceptions should only be allowed in exceptional cases of pressure of work, the Committee requests the Government to consider appropriate modifications in order to bring the General Labour Act into closer conformity with the Convention in this regard. It also requests the Government to clarify whether all regulations in respect of supplementary hours of work are made after consultations with the organizations of employers and workers concerned.

Article 7. The Committee would be grateful if the Government would supply in its next report detailed information on: (i) the enterprises which are deemed to be necessarily continuous in character for the purposes of Article 4 of the Convention; (ii) the working of any agreements falling within the meaning of Article 5 of the Convention; and (iii) the regulations of permanent and temporary exceptions, as required under this Article of the Convention and Part III of the report form.

Article 8, paragraph 2. The Committee requests the Government to indicate whether it is an offence to employ any person beyond the maximum number of hours fixed by law, and if so, to specify the legal provisions establishing appropriate sanctions in case of infringements.

Part V of the report form. The Committee requests the Government to provide general information on the practical application of the Convention, including, for instance, statistics on the number of workers, by occupational category and gender, who are covered by the relevant legislation, extracts from official reports and information on any difficulties encountered in the implementation of the Convention.

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

Article 2, paragraph 1, of the Convention. Weekly rest for public servants. Section 2 of the General Labour Law No. 2/2000 exempts public servants from its scope. Please indicate the measures which ensure that this category of employees is entitled to a minimum weekly rest of 24 consecutive hours.

Article 7. Notices and rosters on weekly rest. The Committee requests the Government to indicate what legislative provisions give effect to this Article and to send copies of standard notices and rosters used by employers.

Part V of the report form. Referring to section 21 of Decree No. 8-E/91 of 16 March 1991 and section 8 of Decree No. 9/95 of 21 April 1995 concerning the labour inspectorate, the Government is asked to communicate in its future reports, extracts from the reports of the inspection services and any available statistics that could provide information on the manner in which the Convention is applied in practice.

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

Article 2 of the Convention. Weekly rest for public servants. Section 2 of the General Labour Law No. 2/2000 exempts public servants from its scope. Please indicate the measures which ensure that this category of employees is entitled to a minimum weekly rest of 24 consecutive hours.

Article 3, paragraph 3. Application of the Convention to establishments not covered by the scope of the ratification. The Committee requests the Government to indicate to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of such establishments referred to in Article 3, paragraph 1, i.e.:

(a)  establishments, institutions and administrative services providing personal services;

(b)  post and telecommunications services;

(c)  newspaper undertakings; and

(d)  theatres and places of public entertainment.

Article 6, paragraph 4. Minorities. The Committee requests the Government to indicate the manner in which the traditions and customs of religious minorities are respected, as far as possible, with regard to weekly rest.

Part V of the report form. Referring to section 21 of Decree No. 8-E/91 of 16 March 1991 and section 8 of Decree No. 9/95 of 21 April 1995 concerning the labour inspectorate, the Government is asked to communicate in its future reports, extracts from the reports of the inspection services and any available statistics that could provide information on the manner in which the Convention is applied in practice.

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

The Committee recalls its previous direct request in which it drew the Government’s attention to a specific provision of the General Labour Act No. 2/2000 allowing for broader exceptions to the prohibition of night work of women than those permitted under the Convention. The Committee notes that no explanations have been provided concerning this point and that the Government affirms that under the new labour legislation women’s night work may in fact be authorized by the General Labour Inspectorate when shift work so requires and the female workers concerned have given their consent.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a general prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. The Committee requests the Government to keep it informed of any progress made or decisions taken in this regard. Finally, the Committee would be grateful to the Government for providing in its next report, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

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

Article 5 of the Convention.  The Committee notes the adoption of the new General Labour Act No. 2/2000. It notes that under article 271(2)(c) of the new General Labour Act, the employment of women during the night may be authorized by the General Labour Inspectorate when work is organized on rotating shifts and women workers have given their consent to being included in such shifts. The Committee points out, in this respect, that this provision does not appear to be consistent with the Convention as the only exceptions permitted by the Convention to the general ban on women’s night work are those provided for in Articles 3, 4, 5 and 8 of the Convention. The Committee asks the Government to supply fuller information on the practical application of this provision and to indicate the measures it intends to adopt to ensure that any exceptions to the night work prohibition remain within the limits set out in the abovementioned Articles of the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the last report of the Government on the application of the Convention. It requests it to supply, in conformity with Part III of the report form, a detailed list of work classified as a continuous process within the meaning of Article 4 of the Convention. Moreover, in order to more fully appreciate the effect given to the various provisions of the Convention, the Committee requests the Government to supply all other appropriate information called for under Part III, as well as that called for under Part VI of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. The Committee noted previously that under section 27(2) of Decree No. 61/82 of 3 August 1992, in conjunction with section 8 providing for a compulsory interval of ten hours between two periods of work, the night period during which women may not be employed in industrial enterprises is ten hours.

The Committee recalls that the Convention states that the night period must be "of at least 11 consecutive hours".

The Committee notes from the Government's report that the General Labour Act (No. 6/81 of 24 August 1981) is in the process of being revised. It hopes that the Government will take advantage of the revision to bring the legislation into conformity with the Convention and asks it to report on progress made in this respect.

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

The Committee notes from the Government's last report that Decree No. 8G/91 of 16 March 1991 establishes a five-day working week, thereby extending the mandatory weekly rest of at least 24 consecutive hours set forth by Decree No. 61/82 of 3 August 1982. The Committee also notes the adoption of Decree No. 8E/91 on 16 March 1991, which sets fines to be applied in the event of infractions of weekly rest provisions. It requests the Government to supply copies of recent labour inspection reports containing information and statistics on the enforcement of weekly rest provisions.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Articles 2 and 3 of the Convention. The Committee noted previously that under section 27(2) of Decree No. 61/82 of 3 August 1992, in conjunction with section 8 providing for a compulsory interval of ten hours between two periods of work, the night period during which women may not be employed in industrial enterprises is ten hours.

The Committee recalls that the Convention states that the night period must be "of at least 11 consecutive hours".

The Committee notes from the Government's report that the General Labour Act (No. 6/81 of 24 August 1981) is in the process of being revised. It hopes that the Government will take advantage of the revision to bring the legislation into conformity with the Convention and asks it to report on progress made in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its previous comments which read as follows:

Articles 2 and 3 of the Convention. Under section 27, paragraph 2, of Decree No. 61/82, of 3 August 1982, taken in conjunction with section 8, which provides for a compulsory interval of ten hours between two periods of work, the prohibition of night work for women covers a total of ten hours, whereas the Convention prescribes 11 consecutive hours.

The Committee hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with the provisions of the Convention and it requests the Government to report any progress achieved in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. Under section 27, paragraph 2, of Decree No. 61/82 of 3 August 1982, taken in conjunction with section 8 which provides for a compulsory interval of 10 hours between two periods of work, the prohibition of night work for women covers a total of 10 hours whereas the Convention prescribes 11 consecutive hours.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with these provisions of the Convention and requests it to report any progress achieved in this respect.