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 and 30 (hours of work), 14 and 106 (weekly rest) and 89 (night work (women)) together.

Legislative developments. The Committee notes the Government’s indication in its report that it is currently reviewing the Labour Act, 2003 (Act 651), and that most of the previous points raised by the Committee will be addressed through the adoption of the Labour Bill 2024. The Committee requests the Government to provide a copy of the revised Labour Act, once adopted. It also requests the Government to provide information on the consultations that have taken place with the social partners in this regard.

A. Hours of work

Articles 1 to 8 of Convention No. 1 and Articles 1 to 12 of Convention No. 30. Application of the Conventions. Following to its previous comments, the Committee notes that:

Limits on normal hours of work. Section 33 of the Labour Act provides that the hours of work of a worker shall be a maximum of eight hours a day or 40 hours a week except in cases expressly provided for in this Act. The Committee recalls that Article 2 of Convention No. 1 and Article 3 of Convention No. 30 establish a double daily and weekly limit of eight hours a day and 48 hours a week to normal working hours. This limit is cumulative, and not alternative.

Variable distribution of normal daily and weekly hours of work: (i) Section 34(b) of the Labour Act allows variable distribution of hours of work over a reference period of up to four weeks, provided that the average number of hours shall not exceed eight hours per day or 40 hours per week; (ii) section 34(c) of the Labour Act permits variable distribution of hours of work over a reference period of up to one year for seasonal work, subject to an average number of hours of work that shall not exceed eight hours per day, and subject to a daily limit of 10 hours for any day; and (iii) section 36 of the Labour Act allows for hours of work of workers doing shift work to be averaged over a reference period of up to four weeks. The Committee observes that except for section 36 on shift work, the other abovementioned provisions do not set out any precise circumstances under which it is allowed to resort to averaging of working hours. The Committee notes that, according to the Government, labour inspectors ensure that daily limits of 10 hours per day are not exceeded in practice, and that such limits are inclusive of overtime work. The Committee also notes the Government’s indication that it will consult with social partners to find a solution regarding section 34(b) of the Labour Act. While noting the Government’s explanations on this issue, the Committee recalls that, in general terms, the Conventions only authorize the averaging of working hours over a reference period of one week and on condition that the daily limits of nine or 10 hours are not exceeded (Article 2(b)) of Convention No. 1 and Article 4 of Convention No. 30); and that in all other cases, where the averaging of working hours over periods of more than one week is allowed on an exceptional basis, the circumstances and conditions must be clearly specified, as follows:

where persons are employed in shifts, working time may exceed eight hours in any one day and 48 hours in any one week provided that the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week (Article 2(c) of Convention No. 1);
the daily and weekly limits on working time may also be exceeded in work which, by reason of its nature, is required to be carried on continuously by a succession of shifts, on condition that the average working hours do not exceed 56 in the week (Article 4 of Convention No. 1); and
in exceptional cases where it is recognized that the limits of eight hours per day and 48 hours per week cannot be applied, agreements between workers' and employers' organizations (Convention No. 1) or regulations made by public authority (Convention No. 30) can fix a longer limit on daily working hours provided that the average weekly working time, calculated for the number of weeks specified by these agreements, does not exceed 48 hours per week (Article 5 of Convention No. 1) and daily working time does not exceed 10 hours in any day (Article 6 of Convention No. 30).

Temporary exceptions: Pursuant to section 38 of the Labour Act, workers can be required to work beyond fixed hours of work without additional pay in certain exceptional circumstances, including an accident threatening human lives or the very existence of the undertaking. The Committee observes that apart from the case of accidents, this provision does not specify the other exceptional circumstances that might justify requiring additional hours of work. The Committee recalls that Article 3 of Convention No. 1 and Article 7(2)(a) of Convention No. 30 allow additional work to be performed in limited circumstances (in case of accident, actual or threatened, force majeure, or urgent work to machinery or plant), and only so far as may be necessary to avoid serious interference with the ordinary working of the establishment.

Permanent exceptions: section 35(3)(a) of the Labour Act provides that workers may be compelled to do overtime work in enterprises the very nature of which requires overtime to be viable. The Committee notes that the Government indicates that: (i) those enterprises are not spelt out in legislation, but cover, in practice, essential services such as transport, hospitality, and communication networks, as well as security services and graphic communications; and (ii) companies covered under section 35(3)(a) of the Labour Act shall not work more than 10 hours per day. The Committee recalls that, pursuant to Article 6(1)(a) of Convention No. 1 and Article 7(1) of Convention No. 30, permanent exceptions must be allowed only for limited, defined categories of work, including preparatory or complementary work, essentially intermittent work, and shops and other establishments where the nature of the work, the size of the population or the number of persons employed render inapplicable the daily and weekly limits on working hours. They must also be determined by regulations after consultation with the organisations of employers and workers concerned, and determine the maximum number of additional hours in each instance.

Rate of pay for overtime: section 35(2) of the Labour Act does not establish statutory minimum rates of pay for overtime work. In this regard, the Committee notes the Government’s statement that, in practice, those rates are fixed by employers, and are negotiated with employees or their representatives. The Committee recalls that Article 6(2) of Convention No.1 and Article 7(4) of Convention No. 30 specify that the rate of pay for overtime shall not be less than one and one-quarter times the regular rate.

B. Weekly rest

Permanent and temporary exceptions. Circumstances. No provision of the Labour Act sets specific circumstances for resorting to overtime during the weekly rest period. However, overtime is allowed under the Labour Act (Sections 35 and 38 of the Labour Act). The Committee emphasizes the importance of all authorized exceptions in the commerce and offices sectors to the normal 24-hours weekly rest period remaining limited to the cases enumerated in Articles 7(1) and 8(1) of Convention No. 106. It also recalls that exceptions to weekly rest in the industrial sector should only be established having special regard to all proper humanitarian and economic considerations by virtue of Article 4(1) of Convention No. 14. In addition, the Committee recalls that both Conventions require consultations with employers’ and workers’ organizations regarding the adoption of permanent and temporary exceptions allowed both in the commerce and office and industrial sectors (pursuant to Article 4 of Convention No. 14 and Article 7(4) of Convention No. 106).

Compensatory rest. No provisions in the Labour Act foresee the granting of compensatory rest in case of work during the weekly rest period. The Committee notes that the Government indicates that employers compensate workers in practice when they work on their day of weekly rest, and that provisions on weekly rest compensation are sometimes found in collective bargaining agreements. The Committee recalls that under Article 5 of Convention No. 14 in the industrial sector, provision of compensatory periods of rest shall be made, as far as possible, in case of exceptions to the weekly rest period, and that under Article 8(3) of Convention No. 106, in the commerce and office sectors, where temporary exemptions are made, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to 24 consecutive hours within each seven-day period.

Information and enforcement concerning working time

Posting of hours of work and records of additional hours of work. No provision of the legislation seems to give effect to these requirements of the Conventions. In this respect, the Government indicates that employers are required in practice, and through certain collective agreements, to notify employees about elements related to hours of work and rest periods. The Committee recalls that Article 8(1)(a) and (b) of Convention No. 1, Article 11(2)(a) and (b) of Convention No. 30 and Article 7 of Convention No. 14 require employers to notify, by the posting of notices, or by such method as may be approved by the competent authority: (i) the times at which hours of work begin and end, and, for shift work, the times at which each shift begins and ends; (ii) rest periods; and (iii) the day of collective weekly rest, and the workers or employees subject to a special system of rest, indicating that system. The Committee also recalls that under Article 8(1)(c) of Convention No. 1 and Article 11(2)(c) of Convention No. 30, employers shall be required to keep records of additional hours of work performed.

Enforcement and penalties concerning working time. Section 173 of the Labour Act does not contain any provision of substance concerning offences and penalties to be applied for violations of provisions on working time. The Committee recalls that Article 8(2) of Convention No.1, Articles 11(3) and 12 of Convention No. 30 and Article 10(2) of Convention No. 106 require taking measures to ensure the enforcement of the Conventions, including in the form of penalties.

In the context of the ongoing labour law reform, the Committee expresses its firm hope that all the comments above on Conventions Nos 1, 30, 14 and 106 will be duly taken into consideration in order to bring the national legislation in conformity with these Conventions.

C. Night work

Article 3 of Convention No. 89. Prohibition of night work for women. The Committee notes that in previous reports, the Government has indicated that the Labour Act does not provide for a general prohibition regarding night work for women. The Committee also notes that, according to the Government, it would take the necessary steps to ratify the Night Work Convention, 1990 (No. 171), after the Labour Bill has been passed into law. In this regard, the Committee wishes to recall that pregnant and breastfeeding women may be particularly vulnerable to night work, and it emphasizes the importance of women night workers in this situation being given an alternative to night work (see the General Survey of 2018 concerning working-time instruments, paragraph 545). Consequently, the Committee requests the Government to provide information on the measures taken or envisaged to protect women night workers with regard to maternity. Further noting that the country is still bound by the Night Work (Women) (Revised) Convention, 1948 (No. 89), the Committee recalls that the window for denunciation of the Convention will be open from 27 February 2031 to 27 February 2032.