Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Gabon

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 (Ratification: 1960)
Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 (Ratification: 1973)

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.