Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 5 of the Convention. Compensatory rest. In its previous comment, the Committee noted that as it presently reads, the Working Environment Time Act does not provide for compensatory rest for those workers who would perform Sunday work occasionally or exceptionally, as permitted under sections 44–45 of the Act. In its reply, the Government indicates that the Faroese Government is currently considering this matter and that legislative changes will be made, if deemed necessary, to ensure that mandatory compensatory rest is granted when exemptions are made to the rule of 24-hour rest every week. The Committee requests the Government to keep the Office informed of any progress made in this regard, and to transmit the text of any revised or additional provision of the Working Environment Time Act once it has been adopted.

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

Article 2(3)(b) of the Convention. Interruptions of attendance at work due to sickness not to be included in annual leave. The Committee recalls its previous comment in which it noted that as it presently reads, the Holiday with Pay Act of 1986 does not contain any specific provision to ensure that days of incapacity due to illness are not counted as part of the annual paid leave. In its reply, the Government indicates that it is currently considering this matter and that legislative changes will be made, if deemed necessary, to ensure that interruptions of attendance at work due to sickness are not to be included in the annual leave, as required under this Article of the Convention. The Committee requests the Government to keep the Office informed on any further developments in this respect.

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

Article 8 of the Convention. Temporary exemptions – Compensatory rest. In its previous comment, the Committee noted that under the Working Environment Act, the circumstances under which temporary exemptions from the 24-hour Sunday rest rule may be granted seem to go beyond the limited cases specified in Article 8(1) of the Convention. It also noted that, as it presently reads, the Working Environment Act does not provide for compensatory rest for those workers who would perform Sunday work occasionally or exceptionally, as permitted under sections 44–45 of the Act. In its reply, the Government indicates that the Faroese Government is currently considering the Committee’s observations and that legislative changes will be made, if deemed necessary, to ensure full compliance with this Article of the Convention. The Committee accordingly requests the Government to keep the Office informed of any progress made in this respect and to transmit the text of any revised or additional provision of the Working Environment Act once it has been adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4, paragraph 1, of the Convention. Total or partial exceptions. The Committee notes that the Government’s report does not contain any new information in response to the points raised in the last direct request. It therefore recalls its previous comment in which it expressed the view that section 45(1),(2) of the Working Environment Act No. 70 of 2000 provides for exceptions to the principle of Sunday weekly rest in such generally worded terms that may be open to abuse. More concretely, the Act provides for deviations from weekly rest based on the approval of the Working Environment Authority when the performance of the work makes it impossible to postpone, or special working methods make deviations reasonable, and even without prior approval when it has proved impossible to obtain the required approval on time. Noting that, as prescribed by this Article of the Convention, when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee again requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that, under section 45(4) of the Working Environment Act, the Minister can deviate from the rules on 24-hour rest days in competence fields or special work disciplines where special circumstances make it necessary. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken and, if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70/2000.

Article 5. Compensatory rest. The Committee notes that, under section 43(2) of the Working Environment Act, compensatory rest within a week seems to be limited to the case of rest lost as a result of regular Sunday work, therefore not covering occasional or temporary exceptions permitted under sections 44–45 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest. The Committee accordingly requests the Government to provide additional explanations in this respect.

Article 7. Posting of notices. The Committee once again draws the Government’s attention to the fact that the Working Environment Act does not contain any provision giving effect to the specific requirement laid down in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest either by means of notices posted at the workplace or by means of a roster drawn up in accordance with an approved method depending on whether the rest period is granted to the whole of the staff collectively or not. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. Application in practice. The Committee notes that the Government has practically never supplied general information on the practical application of the Convention. It therefore requests the Government to provide all available information on the manner in which the Convention is applied in practice, including for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 1, and Article 11, paragraph (a) of the Convention. Special weekly rest schemes. The Committee notes that the Government’s report replies partially to the points raised in the previous direct request. It is therefore obliged once again to draw the Government’s attention to section 43(1) of Working Environment Act No. 70 of 2000, which exempts from the general rule on Sunday weekly rest persons performing work for the advancement of society or necessary for the maintenance of values. Recalling that the Convention allows for the exemption of specified categories of persons or specified types of establishments from the generally applicable weekly rest scheme where the nature of the work, the nature of the service performed, the size of the population to be served, or the number of persons employed, is such that the scheme cannot be applied, the Committee requests the Government to specify the categories of workers who regularly work on Sundays under section 43(1) of the Working Environment Act.

Article 8, paragraph 1. Temporary exemptions. The Committee notes that, under section 45(1) of the Working Environment Act, deviations from the rule on Sunday rest may be approved by the Working Environment Authority when the performance of the work makes it impossible to postpone or special working methods make deviations reasonable. Noting that the circumstances in which these temporary exemptions may be granted go beyond those specified in Article 8(1) of the Convention (i.e. accident, force majeure, urgent repair or maintenance work, abnormal pressure of work, or work to prevent the loss of perishable goods), the Committee requests the Government to explain how it is ensured compliance with this Article of the Convention. In addition, the Committee notes that, under section 45(4) of the Working Environment Act, the Minister may approve derogations from the rules on weekly rest in competence fields or special work disciplines where special circumstances make it necessary. In this connection, the Committee again asks the Government to indicate whether any such decisions have ever been taken and, if so, whether workers’ and employers’ organizations had been consulted in advance.

Article 8, paragraph 3. Compensatory rest. The Committee notes that section 43(2) of the Working Environment Act, which provides for compensatory rest only in the case of regular Sunday work, apparently does not apply to other types of derogations permitted under sections 44–45 of the Act. The Committee recalls, in this respect, that compensatory rest of a total duration of at least 24 hours for each period of seven working days must be granted, not only in cases of special weekly rest schemes (or permanent exemptions) but also in all cases of temporary exemptions. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to the Convention in this regard.

Part V of the report form. Application in practice. The Committee notes that for many years the Government has not supplied any general information on the manner in which the Convention is applied in practice. It therefore requests the Government to provide all available information in this regard, including, for instance, labour inspection results and statistics showing the number and nature of contraventions reported, relevant extracts from activity reports of the Working Environment Authority, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 3(b), of the Convention. Interruptions of attendance at work due to sickness not to be included in the annual leave. The Committee understands that the Holiday with Pay Act No. 30 of 7 April 1986, as amended, contains no specific provisions to ensure that days of incapacity due to illness are not counted as part of the annual paid leave and therefore workers who fall sick during their holiday are entitled to take the days lost at another time. The Committee requests the Government to provide additional explanations in this respect.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years any information on the practical application of the Convention. It therefore asks the Government to provide, together with its next report, up to date information in this respect, including statistical data on the number of workers covered by the relevant legislation, inspection results showing the number of infringements of the legislation in respect of annual holiday and sanctions imposed, copies of relevant collective agreements, etc.

The Committee takes this opportunity to recall that at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 52 was outdated and invited the States parties to this Convention to consider ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not regarded as being fully up to date but remains relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraph 12). This step appears to be particularly advisable given that the legislation of the Faeroe Islands, which provides for a minimum duration of annual paid leave of 30 days, is significantly more favourable than the standard set out in Convention No. 52 and reflects the requirements of Convention No. 132 which provides that the annual holiday may not be less than three working weeks for one year of service. The Committee accordingly requests the Government to keep the Office informed of any further development concerning the possible ratification of Convention No. 132.

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

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:

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1, of the Convention. The Committee notes the Government’s reference to sections 44‑46 of Act No. 70 of 11 May 2000 on working environment as giving effect to the requirements of the Convention. The Committee notes, however, that the wording of certain exceptions, in particular, those provided for in case the type of work makes it impossible to delay, or special work methods make derogations reasonable, is not sufficiently precise and might lead to abuse. While recalling that when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70.

Article 5. The Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the exceptions permitted under sections 44-46 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest.

Article 7. The Committee notes that Act No. 70 does not contain any provision giving effect to the specific requirements set out in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest by the posting of notices where the rest is granted collectively, or by means of a roster where the workers are subject to a special rest scheme. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee requests the Government to provide any available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.

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

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:

Article 7, paragraph 1, read in conjunction with Article 11(a), of the Convention. The Committee notes section 43(1) of Act No. 70 of 2000, which exempts from the general rule on weekly rest persons performing work in the interest of the community or work necessary to uphold values. The Committee is bound to recall, in this connection, that the Convention provides for special weekly rest schemes to be applied to specified categories of persons or specified types of establishments, regard being paid to all proper social and economic considerations. The Committee therefore requests the Government to provide specific information on the categories of workers or types of establishments subject to special weekly rest schemes. The Government is also requested to provide a copy of Act No. 70.

Article 8. The Committee notes that according to section 45(1) of the Act, temporary exemptions from the weekly rest are allowed when the type of work makes it impossible to delay the work or when special work methods make derogations reasonable. Considering that these exemptions are significantly broader than those prescribed in the Convention, the Committee requests the Government to indicate how the tripartite Working Environment Authority applies the relevant provisions in practice so as to prevent any possible abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest in special occupational fields or in fields where special circumstances apply. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the derogations permitted under sections 44–46 of the Act. The Committee recalls that, where temporary exemptions are made in accordance with the provisions of this Article of the Convention, the persons concerned must be granted compensatory rest of a total duration of at least 24 hours for each period of seven working days. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that full effect is given to the Convention in this respect.

Part V of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.

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

The Committee notes the information contained in the Government’s last report.

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1, of the Convention. The Committee notes the Government’s reference to sections 44-46 of the Act No. 70 of 11 May 2000 on working environment as giving effect to the requirements of the Convention. The Committee notes, however, that the wording of certain exceptions, in particular, those provided for in case the type of work makes it impossible to delay, or special work methods make derogations reasonable, is not sufficiently precise and might lead to abuse. While recalling that when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70.

Article 5. The Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the exceptions permitted under sections 44-46 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest.

Article 7. The Committee notes that Act No. 70 does not contain any provision giving effect to the specific requirements set out in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest by the posting of notices where the rest is granted collectively, or by means of a roster where the workers are subject to a special rest scheme. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee requests the Government to provide any available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.

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

The Committee notes the information contained in the Government’s last report.

Article 7, paragraph 1, read in conjunction with Article 11(a), of the Convention. The Committee notes section 43(1) of Act No. 70 of 2000, which exempts from the general rule on weekly rest persons performing work in the interest of the community or work necessary to uphold values. The Committee is bound to recall, in this connection, that the Convention provides for special weekly rest schemes to be applied to specified categories of persons or specified types of establishments, regard being paid to all proper social and economic considerations. The Committee therefore requests the Government to provide specific information on the categories of workers or types of establishments subject to special weekly rest schemes. It would also appreciate receiving a copy of Act No. 70.

Article 8. The Committee notes that according to section 45(1) of the Act, temporary exemptions from the weekly rest are allowed when the type of work makes it impossible to delay the work or when special work methods make derogations reasonable. Considering that these exemptions are significantly broader than those prescribed in the Convention, the Committee requests the Government to indicate how the tripartite Working Environment Authority applies the relevant provisions in practice so as to prevent any possible abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest in special occupational fields or in fields where special circumstances apply. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the derogations permitted under sections 44-46 of the Act. The Committee recalls that, where temporary exemptions are made in accordance with the provisions of this Article of the Convention, the persons concerned must be granted compensatory rest of a total duration of at least 24 hours for each period of seven working days. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that full effect is given to the Convention in this respect.

Part V of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.