Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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 Nos 14 (weekly rest (industry)) and 106 (weekly rest (commerce and offices)) together.

Legislative developments. The Committee notes the adoption on 19 November2021 of Act No. 022/2021 issuing the Labour Code and repealing Act No. 3/94 of 21 November 1994 issuing the Labour Code, as well as subsequent amending texts and all previous conflicting provisions.

Article 2 of Convention No. 14 and Article 6 of Convention No. 106. Entitlement to weekly rest. Further to its previous comments, the Committee notes that: (i) under the terms of section 220(1) of the Labour Code, a period of weekly rest of a minimum duration of 24 consecutive hours a week is compulsory and is in principle to be taken on Sunday; (ii) in accordance with section 2 of Decree No. 0028/PR/MEFPTFP of 29 January 2021 setting the rules for the daily distribution of weekly hours of work, which applies to the public and parapublic sectors, among others, the 40 hours of work in a week are distributed between Monday and Friday; and (iii) the collective agreements covering the matters set out in the Conventions do not address weekly rest. The Committee notes this information, which responds to its previous requests.

Articles 4 and 5 of Convention No. 14 and Articles 7 and 8 of Convention No. 106. Exceptions to the weekly rest scheme. Compensatory rest. The Committee notes that, under the terms of Decree No. 0028/PR/MEFPTFP, which also applies to the private sector, the rule of the distribution of weekly hours of work between Monday and Friday does not apply to establishments in continuous operation, nor to a number of office and industrial and commercial establishments that require different working hours arrangements (sections 2 and 3). The Committee also notes that, in accordance with section 8 of the Decree, sectoral or establishment agreements shall supplement insofar as necessary certain practical arrangements that are required for its application. The Committee requests the Government to provide information on the application of section 8 of Decree No. 0028/PR/MEFPTFP and a copy of any sectoral or establishment agreements supplementing the practical arrangements required for the application of the Decree in relation to the weekly rest applicable to personnel engaged in office work, and in the commercial and industrial sectors.

Article 7 of ConventionNo. 14. Notices. Further to its previous comment, the Committee notes that: (i) in accordance with the common provisions of collective agreements of February 1982, the distribution of hours of work in the week shall be set out in the internal rules of the establishment (section 37(1)) and modified hours of work shall be posted in an easily accessible place (section 37(3)); (ii) in accordance with section 145 of the Labour Code, the internal rules shall contain provisions governing the technical organization of work; and (iii) Order No. 00005/MTLCC of 9 April 2024 determines the procedures for the communication, registration and notification of the internal rules of enterprises. The Committee notes this information, which responds to its previous request.

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

Article 2 of the Convention. Entitlement to weekly rest. The Committee notes that the arrangements for the application of section 183 of the Labour Code, which provides for a weekly rest period of at least 24 consecutive hours, are fixed by regulation and sectoral collective agreement, according to the needs of the occupation or sector of activity. The Committee notes, however, that the Office has not received copies of the collective agreements referred to in the Government’s report. The Committee therefore requests the Government once again to send copies of the collective agreements for industry and for the inland waterway and dock sectors and of any other sectoral collective agreement still in force which governs weekly rest.

Articles 4 and 5. Total or partial exceptions to the weekly rest scheme. The Committee notes the adoption of Decree No. 0933/PR/MTEPS establishing the daily distribution of weekly working hours, which stipulates that statutory working time is 40 hours per week, spread over five days, from Monday to Friday, except for enterprises that work around the clock or those for which social considerations necessitate a different distribution of hours. The Committee also notes that section 7 of the Decree provides that sectoral and/or enterprise agreements will, where necessary, complement certain practical arrangements which are necessary for applying statutory working hours. The Committee therefore requests the Government to provide further information on the application of section 7 of Decree No. 0933/PR/MTEPS and to send copies, if applicable, of any sectoral and/or enterprise agreement governing these practical arrangements, particularly in the transport sector and in dock cargo handling activities and operations.

Furthermore, the Committee notes that Decree No. 726/PR/MTEFP of 29 June 1998 implementing section 165 of the Labour Code, which seems to be still in force, provides for the possibility of exceptions to statutory working hours, for example in branches of activity regularly subject to seasonal fluctuations on account of the conditions in which they operate, with a view to enabling the performance of preparatory or complementary work, or in the case of urgent work to prevent accidents or to deal with abnormal pressure of work. The Committee requests the Government to indicate whether the normal weekly rest period comprising at least 24 consecutive hours in industrial undertakings may be subject to exceptions and, if so, to indicate the measures taken or contemplated to provide, as far as possible, for a compensatory period of rest.

Finally, the Committee notes Order No. 00000208/MTE of 4 April 2007, establishing a special system of exceptions to statutory working hours on sites for oil and gas exploration and production and allied activities. The said Order nevertheless safeguards the worker’s right to a weekly rest period of at least 24 consecutive hours. The Committee also notes that section 5 of the order provides that the procedures for implementation of the weekly rest period shall be determined by enterprise collective agreements or accords. The Committee therefore requests the Government to provide further information on the application of section 5 of Order No. 00000208/MTE and to send copies, where applicable, of any collective agreement or collective accord that governs procedures for implementation.

Article 7. Rosters and notices. The Committee notes the Government’s indications that the collective agreements in force require the provision of notice boards in each undertaking to display communications of a strictly occupational nature, for example weekly rest. However, the Committee notes that the Office has not received the copy of the employer’s roster to which the Government refers in its report. The Committee therefore requests the Government to send a copy of any relevant collective agreement and of any employers’ rosters indicating the manner in which effect is given to this Article of the Convention.

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

Article 6 of the Convention. Right to weekly day of rest. The Committee notes that section 1 of the Labour Code stipulates that persons appointed to a permanent post in a public administration are not covered by the Code. The Committee also notes that Act No. 002/2005 establishing the general statute for the public service does not provide for the right to a weekly day of rest. The Committee therefore requests the Government to indicate whether and how it plans to guarantee that public employees with a permanent contract benefit from weekly rest of at least 24 consecutive hours in each period of seven days. Noting that the Office has not received a copy of the collective agreement for the commerce sector, the Committee again requests the Government to send the entire text of the collective agreement, along with a copy of any other sectoral collective agreement dealing with the weekly day of rest that is currently in force.

Articles 7 and 8. Permanent and temporary exceptions. The Committee notes the adoption of Decree No. 0933/PR/MTEPS establishing the daily distribution of the working week, which provides for a legal working week of 40 hours spread over five days, from Monday to Friday, except in establishments operating round the clock and those where social implications call for a different distribution. The Committee also notes that section 7 of the Decree stipulates that sectoral and/or work agreements must be adopted, as required, to introduce any practical arrangements that may be necessary to comply with the legal provisions regarding the working week. The Committee requests the Government to provide additional information on the application of section 7 of Decree No. 0933/PR/MTEPS and to transmit a copy of any sectoral and/or works agreement that may be in force which deals with practical arrangements for the weekly day of rest in commercial establishment.

The Committee further notes that Decree No. 726/PR/MTEFP of 29 June 1998 made under section 165 of the Labour Code, which appears to be still in force, provides for the possibility of permanent and temporary exceptions to the legal hours of work, for example in sectors where there may be normal seasonable reductions in the workload because of the conditions in which they operate so as to permit the execution of preparatory or complementary work, or in the case of urgent work so as to avoid accidents or to cope with an unexpected increase in the workload. Recalling that, according to Articles 7(2) and 8(3) of the Convention, compensatory rest is compulsory and not optional in the case of exceptions, the Committee requests the Government to inform it whether the normal weekly rest of at least 24 consecutive hours in commerce and offices may be affected by these exceptions and, if so, to indicate the steps that have been taken or envisaged to guarantee compensatory rest as required by the Convention.

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

Article 2 of the Convention. Right to weekly rest. The Committee notes that, under section 183 of the Labour Code, Decrees Nos 726/PR/MTEFP and 728/PR/MTEFP of 29 June 1998 establish the arrangements for the application of specific weekly rest schemes for certain sectors. Furthermore, it notes that the period of weekly rest is also determined by many collective agreements. It requests the Government to provide a copy of the collective agreement for the industrial sector. The Committee also asks the Government to provide more detailed information on the application of the Convention in the road, rail and internal waterways transport sector, and in ports, and to provide copies of any applicable collective agreement that is in force.

Articles 4 and 5. Total or partial exceptions to the weekly rest scheme. The Committee notes, under the terms of section 14 of Decree No. 726/PR/MTEFP of 29 June 1998, the statutory duration of actual work may be extended, particularly in the case of urgent work to prevent accidents or to deal with exceptional cases of pressure of work. The Committee requests the Government to indicate whether the normal weekly rest scheme can be affected by these exceptions and, if so, to explain how effect is given to the provision of the Convention requiring the granting of compensatory periods of rest, as far as possible, in cases of the suspension or diminution of the period of weekly rest.

Article 7. Rosters and notices. The Committee requests the Government to indicate the manner in which effect is given to this Article of the Convention. It also requests the Government to provide, if possible, model rosters and notices.

Part V of the report form. Practice application. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the legislation giving effect to the Convention, extracts from the reports of the inspection services indicating the number of violations of the rules respecting the period of weekly rest that have been reported and the sanctions adopted in this respect, copies of relevant collective agreements, etc.

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

Article 6 of the Convention. Right to weekly day of rest. The Committee notes that, in application of section 183 of the Labour Code, Decrees Nos 726/PR/MTEFP and 728/PR/MTEFP of 29 June 1998 establish specific procedures for fixing weekly hours of rest for certain branches of activity. Furthermore, it notes that the weekly rest period is also regulated under numerous collective agreements. It requests the Government to send the entire text of the collective agreement covering the commerce sector, as only Annex 1 was enclosed with Government’s last report.

Furthermore, the Committee notes that, according to the Government, workers in the public sector, despite their exclusion from the scope of application of Decree No. 728/PR/MTEFP, benefit in practice from a weekly rest period of 48 hours on Saturdays and Sundays. It requests the Government to keep the Office informed of any project to adopt legal provisions or regulations applicable to this group of workers, thereby giving effect to the Convention.

Article 7. Special weekly rest schemes. The Committee notes that sections 3 and 10 of Decree No. 726/PR/MTEFP provide for permanent exemptions to statutory working time in order to make up for hours of work lost or to carry out preparatory or additional work. Given that such exemptions might have an impact on the weekly rest period, for example by establishing a special scheme for certain categories of workers or certain types of establishments, the Committee would be grateful if the Government would clarify how effect is given to the provisions of this Article of the Convention, and especially to the obligation to grant a compensatory rest period.

Article 8. Temporary exemptions. The Committee notes the possibility, provided under sections 3, 8 and 9 of Decree No. 726/PR/MTEFP, of making up for hours of work lost in return for pay at the normal hourly rate. It also notes that, according to section 14 of the Decree, the employer may, inter alia, extend working time without restrictions during one day, in the event of urgent work needed to prevent accidents or do repairs after accidents, for which workers are paid the normal hourly rate; the employer may also ask his/her workers to do overtime of up to 20 hours per week, in the event of work justified by a lack of labour, and the hours of work are considered as overtime. Recalling that Article 8 of the Convention only authorizes temporary exemptions to the weekly rest period in strictly defined circumstances and that it provides for the granting of a compensatory rest period of a total duration of at least 24 hours to all workers whose rest period has been temporarily suspended or reduced, the Committee would be grateful if the Government would indicate whether the weekly day of rest might be affected by these exemptions to the statutory limits on working time.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the practical application of the Convention, especially statistical data concerning the number of workers covered by the legislation giving effect to the Convention, extracts from reports of inspection services indicating the number of violations of the regulations pertaining to weekly rest which have been recorded and the penalties imposed in this respect, copies of relevant collective agreements, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

In reply to the Committee’s previous comments, the Government indicates that the collective agreement of 22 June 1983 related to the urban transport sector, and the collective agreement of 12 December 1985 related to work on docks, seas and rivers, each refer to the internal regulations each undertaking may provide on the distribution of daily and weekly working hours.

Articles 2, 4, 5 and 6 of the Convention. The practice, indicated by the Government, that, in the urban transport sector and in operations connected with dock work and transport on inland waterways, it is at the discretion of each employer to determine the extent to which rest periods are granted to workers, appears to imply the possibility of abuses. The Committee therefore asks the Government for clarification on the measures by which it ensures that compensatory rest periods are granted, as far as possible, where exceptions from the normal weekly rest scheme of not less than 24 continuous hours in the course of each period of seven days are made.

The Committee further requests the Government to include information on the transport of passengers or goods by road other than urban transport and transport by rail.

Please also supply a list of the exceptions made, indicating separately: (a) the total exceptions; and (b) the partial exceptions, distinguishing in the latter case suspensions and diminutions and giving as much information as possible regarding such suspensions and diminutions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the information given in reply to its previous comments.

Article 2 of the Convention. The Committee notes that Decree No. 728/PR/MTEFP of 29 June 1998 establishing the distribution of working hours repeals, among others, Decree No. 174/PR/MTERHFP of 14 February 1990 on the same issue, which explicitly includes the public sector. Since Decree No. 728/PR/MTEFP only covers the para-public and private sectors, the Committee reiterates its former request and asks the Government to indicate the national provisions applicable to weekly rest within the public sector, the Convention covering the sectors listed in Article 2, irrespective of whether they are public or private.

Articles 6, 7, 8, 9 and 11. The Committee again requests the Government to provide a copy of the Collective Agreement on Commerce.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 1 of the Convention. The Committee notes the promulgation of Act No. 12/2000 of 12 November 2000 amending Act No. 3/94 of 21 November 1994 concerning the Labour Code. It also notes the abrogation of Decree No. 140/PR/MTERHFP of 14 February 1990 by Decree No. 728/PR/MTEFP of 29 June 1998 establishing the distribution of weekly hours of work. The Committee points out that section 3 of that Decree states that it does not apply to establishments with non stop operations or to those for which social implications necessitate a different distribution, in particular the transport sector and activities and operations connected with dock work. The Government also indicates in its report that the industrial sector is separate from agriculture and commerce inasmuch as each of these sectors is regulated by a collective agreement laying down specific provisions concerning hours of work. Hence the industrial sector is jointly regulated by the abovementioned Decree No. 728 and the collective agreement relating to industrial undertakings. The Committee asks the Government to send a copy of the said collective agreement with its next report and indicate the provisions governing weekly rest in the transport sector and in activities and operations connected with dock work.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2 of the Convention. The Committee notes the promulgation of Act No. 12/2000 of 12 November 2000 amending Act No. 3/94 of 21 November 1994 concerning the Labour Code. It also notes the abrogation of Decree No. 140/PR/MTERHFP of 14 February 1990 by Decree No. 728/PR/MTEFP of 29 June 1998 establishing the distribution of weekly hours of work. The Committee points out that the latter, unlike the one previously in force, is only applicable to the para-public and private sectors. The Government is therefore asked to indicate the national provisions applicable to weekly rest within the public sector, the Convention being applicable to the sectors listed in Article 2, irrespective of whether they are public or private.

Articles 6, 7, 8, 9 and 11. The Government states in its report that special schemes, exemptions and other variations with respect to weekly rest are laid down pursuant to the aforementioned Decree and the collective agreement on commerce. The Committee asks the Government to provide a copy of the collective agreement with its next report.