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 ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 132 (holidays with pay (revised)), 171 (night work) and 175 (part-time work) together.

The Committee notes the observations of the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB), received on 23 September 2025, concerning the aforementioned Conventions and the Government’s response of 24 November 2025.

Working hours

Article 2(b) of Convention No. 1. Working hours of eight hours per day. Four-day week. The Committee takes note of the Government’s comments in its report concerning section 20 bis/1 of the Labour Act, 1971, introduced in 2022. This section provides for the possibility for workers to work, on the basis of a written request from the worker and the conclusion of a written agreement with the employer, the normal full-time weekly working hours over four days per week instead of five, by increasing the limit on daily working hours under certain conditions. The Committee notes that, according to the Government, as long as the actual weekly working hours does not exceed 38 hours, the four-day week can be introduced through the work regulations and that the regulations may allow the daily limit on the working hours of a full-time worker to be increased to 9.5 hours if they perform their normal duties for four days a week. The Committee also notes the observations made by the CSC, CGSLB and FGTB, indicating that the four-day week could result in longer working days. In its response, the Government specifies that the introduction of this system is based on the objective of improving workers’ well-being and enabling a better balance between their private and professional life. The Committee recalls that, in accordance with Article 2(b) of Convention No. 1, where the hours of work on one or more days of the week are less than eight, the limit of eight hours may be exceeded on the remaining days of the week by the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations or representatives, provided that the daily limit of eight hours cannot be exceeded by more than one hour. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the daily limits prescribed by the Convention are not exceeded.

Articles 5, 6(2) and 8. Exceptions to daily and weekly working time limits. Overtime. Display of working hours. Application in practice. The Committee notes the observations of the CSC, CGSLB and FGTB expressing concern about various Government “projects” aimed, among other things, at increasing the number of voluntary overtime hours permitted without specific justification and for which no compensatory time off is required. In this regard, the Committee notes that the Government considers, in its response, that some of the concerns of the organizations relate to draft legislation currently being prepared, and that it is therefore not necessary to address them at this stage.

Furthermore, the Committee notes that the CSC, CGSLB and FGTB indicate that, in practice, work regulations do not contain a clear definition of working hours, which causes uncertainty for workers. In this regard, the Committee notes that section 6 of the Law of 8 April 1965 establishing work regulations stipulates that these regulations must specify, in particular, the start and end of the regular working day. The Committee requests the Government to provide further information on the application in practice of Article 6 of the Law of 8 April 1965 establishing work regulations. In the hope that future legislative proposals will take into account the requirements of the Convention, the Committee requests the Government to provide any information on developments in this regard.

Annual holidays with pay

Article 7(2) of Convention No. 132. Payment of amounts due for annual leave before the leave is taken. Application in practice. The Committee notes that, in their observations, the CGSLB, CSC and FGTB indicate that the payment of amounts due in respect of annual leave is sometimes not made before the date of departure on leave. The Committee notes that section 23(1) of the Royal Decree of 30 March 1967 laying down the general implementing provisions for the coordinated laws of 1971 on annual leave for salaried workers (Royal Decree of 1967) stipulates that holiday pay shall be paid to the worker at the time when they take their leave. In this regard, the Committee recalls that, according to Article 7(2) of the Convention, the amounts due shall be paid to the person concerned in advance of the holiday, unless otherwise provided in an agreement applicable to him or her and the employer. The Committee requests the Government to provide information on the application in practice of section 23(1) of the Royal Decree of 1967.

Article 8(2). Minimum duration of leave. Application in practice. The Committee notes the observations of the CSC, CGSLB and FGTB that: (i) in certain sectors, there is no guarantee that workers will be able to take two weeks of uninterrupted leave; and (ii) it is practically impossible for temporary workers to take paid leave. In its response, the Government considers that the legislation complies with the requirements of the Convention. The Committee requests the Government to provide information on the application in practice of Article 8(2) of the Convention.

Night work

Articles 1 and 8 of Convention No. 171. Compensation granted to night workers. The Committee notes that, in their observations, the CGSLB, the CSC and the FGTB indicate that, with regard to the distribution sector and related sectors, including e-commerce, the Government intends to redefine the concept of night work by limiting it to hours worked between midnight and 5 a.m. and that a Bill has already been submitted to them. According to the CGSLB, CSC and FGTB, this new definition would result in the abolition of night bonuses currently paid between 8 p.m. and 6 a.m. in these sectors. The Committee notes that the Government considers that it is not necessary to respond to these observations, which do not concern the legislation in force. In the hope that future legislative proposals will take account of the requirements of the Convention, the Committee requests the Government to provide any information on developments in this area.

Part-time work

Article 6 of Convention No. 175. Adaptation of statutory social security schemes. The Committee notes that the CGSLB, CSC and FGTB have expressed concerns about several reforms that the Government is considering, in particular: (i) the exclusion of part-time workers working less than one third of the time from unemployment benefits; and (ii) the tightening of pension regulations, which would require 156 days of work per year to qualify for a pension and to avoid the application of the pension penalty, thereby excluding part-time workers from equal pension rights. The Government responds in this regard that the observations relate to policy measures under consideration in relation to part-time work, for which no regulations have yet been adopted and which are therefore by no means final. The Committee recalls that Article 6 of Convention No. 175 provides that statutory social security schemes which are based on occupational activity shall be adapted so that part-time workers enjoy conditions equivalent to those of comparable full-time workers; these conditions may be determined in proportion to hours of work, contributions or earnings, or through other methods consistent with national law and practice. In the hope that future legislative proposals will take account of the requirements of the Convention, the Committee requests the Government to provide any information on developments in this area.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

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 2019, published 109th ILC session (2021)

Articles 1–10 of the Convention. Protection for part-time workers. The Committee notes the Government’s first report and the national measures implementing the Convention, particularly the Act on non-discrimination of part time workers of 5 March 2002.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2014, published 104th ILC session (2015)

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 2014, published 104th ILC session (2015)

Article 2 of the Convention. Scope of application. The Committee notes with interest the repeal of section 18 of the Royal Order of 28 November 1969 that excluded certain domestic workers from the social security scheme, so that such workers now enjoy the right to annual holidays with pay. The Committee also notes that the Government is currently developing a social security scheme specifically for volunteer firefighters. The Committee notes, moreover, that the Government has not provided information on the legislation on annual holidays applicable to the staff of public establishments providing health care, prevention or hygiene services. The Committee requests the Government to provide information on the effect given to the planned social security scheme for volunteer firefighters. Moreover, it once again requests the Government to provide information on the legislation applicable to the staff of public establishments providing health care, prevention or hygiene services and to indicate the extent to which effect has been given to the Convention in respect of such staff.

Article 6(2). Exclusion from paid annual holidays of periods of incapacity for work resulting from sickness. The Committee notes that the provisions are still in force which, include in the annual holiday period the days of incapacity for work due to sickness occurred during the annual holiday period. The Government indicates in its report that discussions on a possible reform to the regulations on annual holidays for the private sector have been held in the National Labour Council since September 2013. The Committee requests the Government to provide information on any developments related to bringing the national legislation into line with this Article of the Convention.

Article 12. Impossibility for a worker to take holidays. In its previous comments, the Committee noted that section 67 of the Royal Order of 30 March 1967 provided for the cancellation of the holiday entitlement as of 31 December of the year in which it accrued, meaning that it would be impossible for a worker who had received holiday pay without actually taking the respective holiday to take that holiday subsequently. In its reply, the Government indicates that this provision is intended to meet European requirements to grant workers four weeks of holiday during the same calendar year. Therefore, allowing carry-over from one year to another would result in preventing workers from being able to take their four weeks of holiday. In this regard, the Committee recalls that, in several recent judgments (Case C-350/06 and Case C-78/11), the Court of Justice of the European Communities reaffirmed the inalienable character of workers’ rights to annual holidays with pay and clearly established that any worker who is unable to take a holiday does not lose his or her holiday entitlement, even if the carry-over period has expired. The Committee requests the Government to ensure that its law and practice are in conformity with this Article of the Convention and to provide information in this regard.

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

Article 5 of the Convention. Averaging of hours of work over a period exceeding a week. The Committee recalls its previous comments in which it noted that the conditions governing the working time arrangements envisaged in the Act of 17 March 1987, under which the normal daily and weekly limits may be exceeded in the context of the averaging of hours of work over a reference period exceeding a week (up to one year), afforded too much flexibility in relation to the provisions of the Convention. More precisely, the Committee noted that a maximum of 12 hours may be worked per day with no absolute weekly limit. On this point, the Committee notes that the Government confirms its intention to retain this arrangement and that it repeats the explanations provided in its 1998 report regarding the objective of making working hours more flexible, which is necessary in the current economic context, as well as the guarantees relating to the manner in which this arrangement is determined (in principle, by collective agreement). The Committee also recalls that, through application of the “plus minus conto” system, introduced by the Act of 27 December 2006, the enterprises involved in the construction and assembly of automotive vehicles are authorized, under certain conditions relating particularly to competition in the sector and the arrangement of working time on the basis of production cycles, to exceed the normal limits on working time, without the hours worked outside these limits being considered to be overtime hours. In this framework, the reference period may be as long as six years and the maximum limit on working hours is set at ten hours per day and 48 hours per week. The Committee notes the explanations provided by the Government on the implementation of this working time arrangement and particularly on the organization and duration of the working week. With reference to its previous comment, it also notes the existence of legislative safeguards to prevent abuse. The Committee nevertheless wishes to emphasize that these working time arrangements can result, through their implementation, in highly variable working hours over long periods, long working days and the absence of compensation. It considers, in this regard, that account should be taken of the need to protect the health and well-being of the workers and to make it possible for them to reconcile work and private life. The Committee invites the Government to provide a general appreciation on the manner in which the need to protect the health and well-being of the workers is taken into account in the implementation of current working time arrangements over a reference period exceeding a week (new working hours schemes introduced by the Act of 17 March 1987 and the “plus minus conto” system).

Article 6(2). Overtime pay. Further to its previous comment, in which it noted that section 29(4) of the Labour Act of 16 March 1971 allows, by collective agreement, the replacement of additional pay for overtime by supplementary compensatory leave, the Committee notes the Government’s indications that these measures have been adopted in the cleaning sector, tobacco industry and gas and electricity industry. While noting the explanations provided by the Government, the Committee is bound to recall that, under Article 6(2) of the Convention, additional hours shall in all cases be subject to an increase in pay of not less than 25 per cent, whether or not compensatory rest is granted. The Committee therefore requests the Government to provide information on any measures envisaged to amend section 29(4) of the Labour Act and thereby guarantee, in all cases, an increase in pay for workers performing additional hours, in accordance with the provisions 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. Scope of application. The Committee notes the detailed information supplied by the Government in its report and the attached documentation. It notes in particular the explanations concerning the categories of workers excluded from the system of annual holidays for private sector workers (legal basis, conditions and prior consultation of the employers’ and workers’ organizations concerned). The Committee requests the Government to state in subsequent reports, in accordance with Article 2(3) of the Convention, the position of its law and practice with respect to these categories of workers, and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.

With regard to the public sector, the Committee notes the Government’s explanations concerning the legal framework establishing the system of holidays for the federal administrative public service, autonomous public enterprises, police services and military personnel. It further notes the Government’s indication to the effect that persons employed in public establishments dispensing health-care, disease prevention or hygiene services come under many different employers and there are no uniform legal provisions concerning annual holidays for them. The Committee requests the Government to supply further information on this point and, if applicable, to send copies of any regulations or collective agreement applicable to the staff of public establishments dispensing health-care, disease prevention or hygiene services.

Article 6(2). Exclusion from paid annual holiday of periods of incapacity for work resulting from sickness. The Committee notes section 68(1) and (2)(b) of the Royal Order of 30 March 1967 determining the general procedures for the implementation of legislation relating to the annual holidays of wage workers, which states that days not worked owing to sickness or accident, whether occupational or otherwise, cannot be counted as part of annual holiday unless the cause of such sickness or accident arises during the holiday. The Committee recalls that Article 6(2) of the Convention states that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention, namely three weeks. While recognizing the flexibility in determining the conditions for application of this provision (for example, the requirement for a medical certificate), the Committee does not consider that this provision may have a suspensive effect, allowing the public authority to prevent its application in certain situations. Moreover, with regard to the public sector, section 12(3) of the Royal Order of 19 November 1998 concerning leave or absence granted to staff in government service states that the annual holiday with pay shall be suspended in cases where the worker is granted sick leave or is temporary leave of absence owing to sickness. The Committee therefore requests the Government to take the necessary steps to give full effect to this Article of the Convention, for example by adopting measures with regard to the private sector similar to those laid down by the Royal Order of 19 November 1998 applicable to the public sector.

Article 7(2). Time of payment of holiday bonus. The Committee notes the Government’s explanations concerning the definition of conditions for payment of the holiday bonus and, in particular, the reasons justifying the payment of holiday bonus before 2 May each year.

Article 11. Termination of employment. The Committee notes the information provided by the Government concerning the payment of the holiday bonus in the event of termination of employment. With regard to manual workers, the Committee notes the Government’s indication to the effect no provision is made for a holiday bonus in the event of termination of employment, the holiday bonus being paid to workers at the time they take their holiday and, in cases where holidays are divided into parts, at the time of their main holiday. The Committee requests the Government to indicate the manner in which it is ensured that, in accordance with this Article of the Convention, any worker who has not taken the holiday to which he or she is entitled at the time of termination of employment receives a holiday of proportionate length, compensation or an equivalent holiday credit.

Article 12. Impossibility of taking a holiday. Further to its previous comment relating to section 67 of the Royal Order of 30 March 1967, the Committee notes the indication to the effect that the aim of this provision is not to compensate an employee who does not take his or her holidays but to ensure that the holiday bonus is paid no later than 31 December of the year in which the holiday entitlement accrues in cases where it is impossible for the worker, further to events beyond his or her control, to take a holidays (for example, in the event of a long period of sickness). The Committee understands that this provision – since it provides that the holiday entitlement shall be cancelled as of 31 December of the year in which the holiday entitlement accrues – means that it would be impossible for a worker who had received the holiday bonus without actually taking the holiday to take that holiday subsequently. In this regard, the Committee refers to the judgement of the Court of Justice of the European Communities issued on 20 January 2009 (Case C-350/06), in which the Court reaffirmed the inalienable character of workers’ right to annual holidays with pay – with explicit reference to the relevant provisions of Convention No. 132 – and clearly established that any employee who was unable to take a holiday cannot have his or her holiday entitlement cancelled, even if the carry-over period has been exceeded. The Committee requests the Government to provide clarification on this point.

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

Article 6, paragraph 2, of the Convention. Persons medically unfit for night work. Further to its previous comment on this point, the Committee once again requests the Government to clarify whether persons who are medically certified unfit for night work and whose transfer to a day work position is not practicable, are entitled apart from the unemployment insurance coverage, to other social security benefits such as for instance sickness or disability benefits. The Committee recalls, in this respect, that the Convention does not require specific benefits on condition that the principle of equality of treatment with day workers is respected.

Article 7, paragraph 3(b). Maintenance of income of women workers. The Committee notes the Government’s explanations concerning the compensation provided for in section 219bis of the Royal Decree of 3 July 1996 for pregnant workers or nursing mothers whose contract has been temporarily suspended on maternity grounds. It also notes that in the Government’s view a compensation rate equal to 60 per cent of the woman’s previous remuneration appears sufficient. In this connection, the Committee considers that in line with the letter and the spirit of this provision of the Convention, which calls for measures to ensure that the income of the woman worker is maintained at a level sufficient for the upkeep of herself and her child in accordance with a suitable standard of living, any cash allowance provided during the period of compulsory protection should not be inferior to that provided for in Article 4(6) of the Maternity Protection Convention (Revised), 1952 (No. 103), that is to say not less than two-thirds of the woman’s previous earnings. The Committee therefore requests the Government to consider reviewing the relevant provisions with a view to bringing them into closer conformity with the requirements of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning labour inspection results for the period 2006–08. The Committee would be grateful if the Government would continue providing up to date information regarding the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by the relevant legislation (if possible broken down by gender or age), copies of collective agreements containing clauses on night work, etc.

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

Article 2 of the Convention. Scope of application. The Committee notes the detailed information supplied by the Government in its report and the attached documentation. It notes in particular the explanations concerning the categories of workers excluded from the system of annual holidays for private sector workers (legal basis, conditions and prior consultation of the employers’ and workers’ organizations concerned). The Committee requests the Government to state in subsequent reports, in accordance with Article 2(3) of the Convention, the position of its law and practice with respect to these categories of workers, and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.

With regard to the public sector, the Committee notes the Government’s explanations concerning the legal framework establishing the system of holidays for the federal administrative public service, autonomous public enterprises, police services and military personnel. It further notes the Government’s indication to the effect that persons employed in public establishments dispensing health-care, disease prevention or hygiene services come under many different employers and there are no uniform legal provisions concerning annual holidays for them. The Committee requests the Government to supply further information on this point and, if applicable, to send copies of any regulations or collective agreement applicable to the staff of public establishments dispensing health-care, disease prevention or hygiene services.

Article 6, paragraph 2. Exclusion from paid annual holiday of periods of incapacity for work resulting from sickness. The Committee notes section 68(1) and (2)(b) of the Royal Order of 30 March 1967 determining the general procedures for the implementation of legislation relating to the annual holidays of wage workers, which states that days not worked owing to sickness or accident, whether occupational or otherwise, cannot be counted as part of annual holiday unless the cause of such sickness or accident arises during the holiday. The Committee recalls that Article 6(2) of the Convention states that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention, namely three weeks. While recognizing the flexibility in determining the conditions for application of this provision (for example, the requirement for a medical certificate), the Committee does not consider that this provision may have a suspensive effect, allowing the public authority to prevent its application in certain situations. Moreover, with regard to the public sector, section 12(3) of the Royal Order of 19 November 1998 concerning leave or absence granted to staff in government service states that the annual holiday with pay shall be suspended in cases where the worker is granted sick leave or is temporary leave of absence owing to sickness. The Committee therefore requests the Government to take the necessary steps to give full effect to this Article of the Convention, for example by adopting measures with regard to the private sector similar to those laid down by the Royal Order of 19 November 1998 applicable to the public sector.

Article 7, paragraph 2. Time of payment of holiday bonus. The Committee notes the Government’s explanations concerning the definition of conditions for payment of the holiday bonus and, in particular, the reasons justifying the payment of holiday bonus before 2 May each year.

Article 11. Termination of employment. The Committee notes the information provided by the Government concerning the payment of the holiday bonus in the event of termination of employment. With regard to manual workers, the Committee notes the Government’s indication to the effect no provision is made for a holiday bonus in the event of termination of employment, the holiday bonus being paid to workers at the time they take their holiday and, in cases where holidays are divided into parts, at the time of their main holiday. The Committee requests the Government to indicate the manner in which it is ensured that, in accordance with this Article of the Convention, any worker who has not taken the holiday to which he or she is entitled at the time of termination of employment receives a holiday of proportionate length, compensation or an equivalent holiday credit.

Article 12. Impossibility of taking a holiday. Further to its previous comment relating to section 67 of the Royal Order of 30 March 1967, the Committee notes the indication to the effect that the aim of this provision is not to compensate an employee who does not take his or her holidays but to ensure that the holiday bonus is paid no later than 31 December of the year in which the holiday entitlement accrues in cases where it is impossible for the worker, further to events beyond his or her control, to take a holidays (for example, in the event of a long period of sickness). The Committee understands that this provision – since it provides that the holiday entitlement shall be cancelled as of 31 December of the year in which the holiday entitlement accrues – means that it would be impossible for a worker who had received the holiday bonus without actually taking the holiday to take that holiday subsequently. In this regard, the Committee refers to the judgement of the Court of Justice of the European Communities issued on 20 January 2009 (Case C-350/06), in which the Court reaffirmed the inalienable character of workers’ right to annual holidays with pay – with explicit reference to the relevant provisions of Convention No. 132 – and clearly established that any employee who was unable to take a holiday cannot have his or her holiday entitlement cancelled, even if the carry-over period has been exceeded. The Committee requests the Government to provide clarification on this point.

Part V of the report form. Practical application. The Committee notes the detailed information supplied by the Government. It requests the Government to continue to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services, information on the number of workers covered by the legislation, and the number of infringements reported with respect to annual holidays with pay.

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

Article 2(c) of the Convention. Shift work. The Committee notes that section 22(1) of the Labour Act of 16 March 1971, as amended, allows normal hours of work (eight hours a day and 38 hours a week) to be exceeded when the work is carried on by successive shifts. It notes that, in such cases, sections 26bis(1) and 27(1) of the same Act provide that the average weekly hours of work may not exceed 40 over a reference period of three months, which may be extended to one year, and that actual working time may not exceed 11 hours a day or 50 hours a week. The Committee draws the Government’s attention to the fact that Article 2(c) of the Convention allows normal working hours in the context of shift work to be exceeded only if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week. It requests the Government to indicate whether it intends to take steps to ensure that, in the context of shift work, the number of working hours does not exceed eight per day and 48 per week on average over a period of three weeks at most.

Article 5. Cases in which the normal limits of working hours cannot be observed. The Committee notes that, according to section 23 of the Labour Act, the King may authorize the limits the Act sets on working hours in branches of activity, enterprise categories or enterprise branches to be exceeded where these limits cannot be applied. It further notes that section 24 of the Act also allows the King to authorize these limits to be exceeded in the case of workers engaged in transport, loading and unloading, and workers in branches of activity where the time needed to perform the work cannot be determined precisely because of the nature of the work, or where the materials used are liable to deteriorate very rapidly. The Committee requests the Government to provide up to date information on the activities, enterprises and workers subject to a special regime governing hours of work under these provisions and to provide copies of the relevant texts.

The Committee notes the introduction of the so-called “plus minus conto” system by the Act of 27 December 2006 issuing various provisions. It notes that this special regime is largely intended for enterprises which are involved in the construction and assembly of automotive vehicles and the manufacture of parts and accessories for such vehicles and which meet a number of requirements, including that of belonging to a sector characterized by strong international competition and having production cycles that extend over several years involving the enterprises in substantial and prolonged increases or decreases in work. It notes that, in the context of the “plus minus conto” system, normal working-hour limits may be exceeded provided that the daily limit may not exceed ten hours and the weekly limit 48 hours, that in this case, the reference period may be extended to six years and that the work done in such a context is not treated as overtime. The Committee also notes that the establishment of such a system requires the conclusion of a collective labour agreement declared compulsory by the competent works council. While noting the many precautions that have been taken to prevent abuse in the establishment of such systems, and particularly the requirement for unanimity among the unions represented in the enterprise concerned, the Committee points out that a necessary consequence of establishing a reference period of six years is that the workers concerned may face very great flexibility in working hours without compensation for the overtime worked during periods of intense activity. The Committee requests the Government in its next report to provide any available information on the implementation of “plus minus conto” systems (number of enterprises and workers concerned, spread of working hours, results of any surveys conducted among workers in order to evaluate their conditions of work, etc.).

Article 6, paragraph 2. Remuneration of overtime. The Committee notes that section 29(1) of the Labour Act provides that overtime shall be remunerated in an amount exceeding by at least 50 per cent that of ordinary remuneration and that this additional amount shall be increased to 100 per cent when the overtime is worked on a Sunday or a holiday. It notes, however, that, pursuant to section 29(4), a collective labour agreement may allow this additional pay to be replaced by supplementary compensatory rest. The Committee draws the Government’s attention to the fact that Article 6(2) of the Convention prescribes additional pay of at least 25 per cent in the case of temporary exceptions to normal limits of hours of work, whether or not there is compensatory rest for overtime worked. The Committee requests the Government to provide copies of any collective agreements authorizing additional payment for overtime to be replaced by compensatory rest, as allowed by section 29(4) of the Labour Act.

Part VI of the report form. Application in practice. The Committee notes the information sent by the Government regarding the work of the labour inspection services between 2003 and 2008. It requests the Government to continue to provide information of this kind, specifying the number of inquiries, infringements noted, situations remedied and statements of offences, concerning regulations on hours of work. The Government is also asked to provide statistics on the number of workers protected by the legislation, and on the number of additional hours worked in the context of permanent or temporary exceptions.

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

Articles 2 and 5 of the Convention. Working hours – Annualized averaging. Further to its previous observation, the Committee notes the Government’s statement that no amendment is envisaged to the Act of 17 March 1987 on the introduction of new work regimes in enterprises. It recalls that the purpose of the Act is very broad, namely to enable the extension or adaptation of operating time in the enterprise and promote employment. It also notes that, under such regimes, hours of work may be increased to 12 a day with no absolute weekly limit (other than the 84 hours corresponding to seven days of 12 hours), and that average weekly hours of work over a period of reference of up to one year may not exceed 40. Lastly, the Committee points out that the new work regimes, which allow major exemptions from the normal rules on hours of work, may be established by collective agreement but also, where there is no union representation in the enterprise, by amendment of the work regulations. The Committee is bound to reiterate its concern at the extent of the flexibility afforded by the abovementioned provisions, particularly in small enterprises with no trade union representation. The Committee recalls that, in its General Survey of 2005 on hours of work (paragraph 227), it pointed out that, in order to be compatible with the Convention, annualized working-hour arrangements must satisfy simultaneously the following three conditions: “(i) the arrangement is introduced in an ‘exceptional case’ where it is recognized that the eight-hour and 48-hour limits cannot be applied; (ii) the arrangement is introduced through an agreement between workers’ and employers’ organizations transformed into regulations by the government, to which this agreement is submitted; (iii) the average number of hours worked per week over the number of weeks covered by any such agreement does not exceed 48”. The Committee requests the Government to take steps to reduce the authorized daily working hours and to set a reasonable cap on weekly hours of work in the context of the new work regimes.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes with interest the Government’s first report and the very detailed information it contains. It wishes to receive further information on the following points.

Article 2 of the Convention. Scope of application. Private sector. The Committee notes that, according to the information communicated by the Government in its report, the main categories of workers not covered by the legislation on annual holidays in the private sector are the following: professional sportsmen and women; professional cyclists; childcarers; casual workers (under certain conditions); working students (under certain conditions); domestic staff not living in their employers’ homes (under certain conditions); and volunteer firefighters (under certain conditions). The Committee requests the Government to:

-  indicate the provisions under which these categories of workers are excluded from the system of annual holidays for private sector workers;

-  indicate to what extent the organizations of employers and workers concerned were consulted with regard to this exclusion;

-  indicate under which conditions casual workers, working students, domestic staff not living in their employers’ homes and volunteer firefighters are excluded from this system (as the Government’s report states that, for these categories of workers, the exclusion only applies "under certain conditions");

-  indicate the legislation applicable to these workers concerning annual holidays.

Public sector. The Committee notes that the Act of 14 December 2000 establishing certain aspects of working time arrangements in the public sector applies to public sector workers and their employers, with the exception, among others, of establishments carrying out industrial or commercial activities and those which provide health, disease prevention or hygiene services. It also notes that Chapter III of the above Act, which covers annual holidays, is not applicable to members of staff subject to the Act of 7 December 1998 organizing an integrated police service nor to military personnel, and that the King determines the minimum requirements relating to working time arrangements to guarantee them a level of protection equivalent to that enjoyed by other workers covered by the Act of 14 December 2000. The Committee requests the Government to:

-  indicate the legal provisions governing the annual holidays of public sector workers employed in establishments carrying out industrial or commercial activities, or providing health, disease prevention or hygiene services;

-  indicate whether a Royal Order regulates the annual holidays of personnel subject to the Act of 7 December 1998 organizing an integrated police service, and of military personnel, and, if so, to provide a copy.

Moreover, the Committee requests the Government to provide information on the application of Articles 4-11 of the Convention to public sector workers.

Article 7, paragraph 2. Time of payment of holiday pay. The Committee notes that section 23(1) of the Royal Order of 30 March 1967 determining the general measures for the application of the laws on annual holidays of employees provides that holiday pay is paid to the manual workers at the time when they take their holidays and, in the case of holidays that are divided into two or more periods, upon the occasion of their main holiday, at the earliest on 2 May of the year in which the holiday is taken. The Committee requests the Government to indicate the measures taken to ensure that manual workers who take their annual holidays before 2 May receive their holiday pay before the beginning of the holiday, as required by this Article of the Convention. Furthermore, the Committee notes that under the terms of section 23(2) of the Royal Order of 30 March 1967, in the case of manual workers employed in enterprises falling within the authority of the Joint Commission of the Diamond Industry and Trade, the holiday pay for the fourth week of holidays is paid during that fourth week. The Committee requests the Government to indicate whether this particular rule is the result of a collective agreement applicable to the diamond industry and trade.

Article 11. Termination of the employment relationship. The Committee notes that, according to the information provided by Government in its report, in the case of termination of the employment relationship, workers who have completed the minimum period of service during the period in which entitlement to holidays is accrued, benefit from the holidays during the year in which they are due once working for a new employer. The Committee requests the Government to indicate the provisions establishing this rule. The Government is also invited to specify the provisions determining the conditions for the provision of holiday pay to manual workers in the case of termination of the employment relationship.

Article 12. Cases in which the worker is unable to take holidays. The Committee notes that, in accordance with section 2(3) of the Coordinated Acts of 1971 respecting workers’ annual holidays, the right to holidays is acquired, notwithstanding any agreements to the contrary and workers may not forgo the holidays to which they are entitled. It notes, however, that under the terms of section 67 of the Royal Order of 30 March 1967, when a worker is unable to take his or her holidays, the holiday pay is paid to him or her on the normal date of the holidays set within the enterprise where he or she was last employed and at the latest by 31 December of the year which follows the year in which he or she became entitled to the holiday. The Committee requests the Government to provide more detailed information on the application of this provision in practice and on the measures taken to ensure that the worker cannot forgo his or her annual holiday in exchange for compensation (in this instance, holiday pay).

Part V of the report form. The Committee notes the detailed statistical information communicated by the Government, in particular with regard to the number of inquiries carried out, and requests it to continue to provide general indications on the manner in which the Convention is applied in practice.

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

The Committee notes the information contained in the Government’s report and the attached documentation.

Article 2, paragraph 1, of the Convention. Further to its previous comment, the Committee notes the adoption of the Act of 14 December 2000 regulating certain aspects of working time in the public sector, in particular the provisions of Chapter IV which lay down protective standards for employees performing night work, especially as regards safety and health and maternity protection.

Article 4. The Committee takes note of the adoption of the Royal Decree of 28 May 2003 on workers’ health control, section 5(1) of which provides for the regular medical examination of workers upon their request. It also notes sections 90 and 91(3) of the Royal Decree which concern the confidential character of the worker’s health record.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the protective regime applicable to workers who are medically certified unfit for night work under the Collective Agreement (CCT) No. 46 of 23 March 1990. It notes, in particular, that workers who are unable to perform night work on medical grounds and whose transfer to a suitable day work position has not been possible, are entitled to the same unemployment benefits as those workers who are generally unfit for work. In addition, workers above 50 years of age who have performed night work for at least 20 years are entitled to receive a supplementary monthly compensation payable by the employer for a period not exceeding five years. The Committee would appreciate receiving additional information on the application of these provisions in practice, including the granting, if any, of other social security benefits such as sickness or disability benefits to workers whose transfer from night work is not practicable.

Article 7, paragraphs 2 and 3(b). The Committee notes that according to the information provided by the Government, a pregnant worker or nursing mother whose contract has been temporarily suspended on maternity grounds is entitled to a compensation equal to 60 per cent of her wages payable by the health insurance. Similarly, women workers who suffer some income loss following their temporary transfer to a day work position may also receive a compensation from the health insurance. The Committee would be interested in having the Government’s views as to whether an allowance equal to 60 per cent of the woman worker’s previous remuneration may be deemed sufficient for the upkeep of herself and her child in accordance with a suitable standard of living, as required under this Article of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the labour inspection results for the period 1998-2003 as well as the percentage of male and female workers who have been engaged in night work, on a full-time or part-time basis, during the period 1999-2001. The Committee would be grateful if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by relevant legislation as well as any difficulties encountered in the application or enforcement of the Convention.

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

The Committee notes the Government’s intention to retain the Act of 17 March 1987, which permits the averaging of weekly working hours over a period of up to one year with the sole restriction that daily working hours do not exceed 12 hours. The Government indicates in its previous report that these regulations were set in agreement with the social partners and constitute a means of making working hours flexible, made necessary by the economic context. The Government amplifies that it does not consider denunciation of the Convention to be a constructive step and restates its suggestion to revise it.

The Committee has maintained in its previous comments that Article 5 of the Convention allows recourse to an averaging of working hours only in exceptional circumstances. It sees itself obliged to reiterate that this provision of the Convention, which permits the possibility of establishing the daily hours of work over a period longer than a week, is restricted to exceptional cases where it is recognised that the provisions of Article 2 cannot be applied. It hopes that the Government will be in a position to reconsider its approach and to bring its legislation in line with the requirements of the Convention.

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

The Committee has noted with interest the Government’s first reports. It would be grateful to the Government for providing additional information on the following points.

Article 2 of the Convention. The Committee notes that the Government is in the process of finalizing new protective laws concerning night work in the public sector. It requests the Government to report on any progress made in this regard and to provide a copy of the new legislation as soon as it is adopted.

Article 4. The Committee notes the Government’s statement to the effect that the provisions of the Convention regarding the medical examination of night workers have not so far been transposed to the national legislation but that a draft to this effect is now under preparation. It therefore requests the Government to supply information in its next report on any progress achieved in this respect.

Article 6(2). The Committee notes that there seem to exist no provisions in the national legislation regulating the case of night workers who are certified as unfit for night work and whose transfer to a similar job for which they are fit is impracticable. The Committee asks the Government to provide further information on the application of the Convention in this respect.

Article 7(2) and (3)(b). While noting section 40 of the Labour Act of 16 March 1971, as amended by the Act of 17 February 1997 on Night Work, and section 10 of the Collective Agreement No. 46 of 23 March 1990, as amended, the Committee requests the Government to specify the measures taken or contemplated to ensure that pregnant women and nursing mothers are adequately protected, especially in terms of income maintenance, while they are transferred, suspended, or otherwise removed from their regular night work positions.

Part V of the report form. The Committee notes the statistical information provided by the Government in its report regarding the labour inspection results for the period 2000-01. It requests the Government to continue to supply general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.

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

The Committee notes the Government's report and the information given in reply to its 1994 direct request. It notes again that no amendment has been made to the regulations relating to working hours since the adoption of the Act of 17 March 1987 respecting the introduction of new work rules in enterprises, which authorizes generally the use of a calculation based on normal average working hours over a period of up to one year with the sole restriction that daily working hours do not exceed 12 hours. The Government indicates in its report that these regulations were set in agreement with the social partners and constitute a means of making working hours flexible, made necessary by the economic context. Finally, the Government suggests revision of the Convention.

On this matter, the Committee wishes to draw the Government's attention to the fact that respect for daily and weekly limits on working hours are essential guarantees for safeguarding workers' health and welfare and protecting them against the possibility of abuse. Hence the possibility of establishing the daily hours of work over a period longer than the week, provided in Article 5 of the Convention, is restricted to cases in which the limits on normal working hours set out in Article 2 are recognized as inapplicable. This may concern, in particular, branches of activity in which the nature of the work, technical reasons or seasonal variations and pressure of work require an irregular distribution of working time. In this context, the Committee indicated in its 1967 General Survey on hours of work that cases where calculation of the normal average working hours over a period exceeding a week is permitted must be exceptional and restricted to certain branches of activity where technical requirements so justified (paragraph 142).

The Committee must point out once again that the Act of 17 March 1987 respecting the introduction of new work rules in enterprises by admitting, in general and in all sectors of activity, exceptions to normal working hours are firmly against the provisions of Article 5 of the Convention. The Government is urged to take the Committee's comments into account in order to take the necessary measures to ensure conformity of the national regulations with the Convention.

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

The Committee notes the information and the texts of royal orders supplied by the Government in its recent reports.

It notes in particular that no amendment has been made to the regulations relating to working hours. It therefore reiterates its previous comment concerning the Act of 17 March 1987 respecting the introduction of new work rules in enterprises, which authorizes general exemptions in all sectors from daily and weekly limits of working hours which are not in accordance with Article 5 of the Convention.

The Committee also recalls its previous comment relating to the extension of daily working hours up to twelve hours, which is contrary to Article 2(b), which permits, under certain circumstances, the limit of eight hours set out by the Convention to be exceeded by one hour, and Article 6, which permits recourse to additional hours only in determined circumstances and within precise limits.

The Committee therefore once again requests the Government to take the necessary measures to ensure that the exceptions to normal working hours which are authorized remain in conformity with the relevant provisions of the Convention.

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

With reference to its previous comments on the application of the Convention, the Committee notes the information supplied by the Government in its last reports. It notes in particular the adoption of the Act of 17 March 1987 respecting the introduction of new work rules in enterprises. This Act authorises exemptions from daily and weekly limits of working hours without having daily working hours exceeding 12 hours and on condition that the average working hours are respected over an agreed period, that may be a maximum of one year.

The Committee examines this supplementary exemption in relation to that set out under Article 5 of the Convention and notes that the possibility of resorting to this exemption concerns exceptional cases in which the limits on normal working hours would be recognised as inapplicable. This concerns, in particular, branches of activity in which the nature of the work, technical reasons or seasonal variations and pressure of work require an irregular distribution of working time. The Committee therefore considers that the Act of 17 March 1987, by admitting in general and in all sectors of activity, exceptions to normal working hours, is not in conformity with the Convention.

The Committee also points out that the extension of daily working hours up to 12 hours is contrary to the provisions of Article 2(b), which permits, under certain circumstances, the limit of eight hours set out by the Convention to be exceeded by one hour, and Article 6 which permits recourse to additional hours only in determined circumstances and within precise limits.

The Committee therefore requests the Government to take the necessary measures to ensure that the exceptions that are authorised to normal working hours remain in conformity with the provisions of the Convention.