National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Article 6 of the Convention. Weekly rest entitlement. The Committee notes that following the adoption of Presidential Decree No. 88/1999, the minimum weekly rest period has increased from 24 to 36 consecutive hours. The Committee would be grateful if the Government would clarify whether the Presidential Decree has repealed or amended Royal Decree No. 748/1966 and Act No. 2224/94 which previously gave effect to the Convention. In addition, the Committee understands that in the public sector, the compensatory rest has been replaced by cumulative time off in lieu, which permits public employees to accumulate consecutive rest days equal to the number of Sundays on which exceptionally they have worked. Recalling that, according to the spirit of the Convention, weekly rest must be granted and taken in regular, or in any event reasonably short intervals, the Committee requests the Government to provide additional explanations on the system of cumulative compensatory rest applicable in the public sector and to forward a copy of any relevant legal text which may not have been transmitted previously. Moreover, the Committee understands that the right to compensatory rest is regulated differently for employees who work in the context of flexible working hours. The Committee would appreciate receiving supplementary information in this respect, including copies of any relevant legal text. Finally, the Committee notes that in its conclusions adopted in December 2007, the European Committee of Social Rights has considered that the current exclusions from the legislation guaranteeing a weekly rest period (including domestic workers) are not in conformity with the relevant requirements of the European Social Charter. While being aware that domestic work is not meant to fall within the scope of application of this Convention, the Committee would thank the Government for keeping the Office informed of any further developments concerning the extension of the coverage of the legislation on weekly rest to those currently excluded.
Part V of the report form. The Committee notes the inspection results concerning weekly rest in commerce and offices for the period 2002–08. It would be grateful if the Government would continue providing up to date information on the practical application of the Convention.
The Committee notes the information provided by the Government. It notes compliance with Article 6 of the Convention in that sections 3 and 5 of Presidential Decree No. 88/1999 concerning "Minimum Specifications for the Organization of Working Time in Compliance with Directive 93/104/EC" ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus 12 consecutive hours of daily rest, as provided for under articles 3 and 5 of the EC Directive referred to. It further notes from the Government’s information that section 10 of Royal Decree No. 748/66 grants a compensatory rest day to workers who, as an exception, work on a Sunday or a public holiday, in accordance with Articles 7, paragraph 2, and 8, paragraph 3, of the Convention.
Referring to its previous comments, the Committee requests the Government to indicate any methods adopted or envisaged for the consultation of the representative organizations of employers and workers, as required by Article 7, paragraph 4, of the Convention.
The Committee notes the information in the Government's latest report and, in particular, the adoption of Act No. 2224 of 1994 concerning working hours. It requests the Government to provide further clarification on the following points.
Article 7, paragraphs 2 and 4, of the Convention. The Committee notes that section 46 of Act No. 2224 provides that work is exceptionally permitted during Sundays and public holidays in several establishments providing certain goods and services, such as restaurants and photography studios. The Committee also notes that the Government's report indicates that the competent authority exceptionally permits the opening on Sundays and public holidays of certain establishments located in tourist regions. It requests the Government to indicate what measures ensure that all persons working in such establishments are granted a rest period of at least 24 hours in respect of each period of seven days; and what consultations take place with any representative employers' and workers' organizations concerned.