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 1 (hours of work (industry)), 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 89 (night work (women)), 106 (weekly rest (commerce and offices)), 132 (holidays with pay) and 153 (hours of work and rest periods (road transport)) together.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Daily and weekly limits to hours of work. The Committee notes that, according to section 67(1) of Labour Law No. 37 of 2015, daily working hours shall not exceed 8 hours per day or 48 hours per week. It further notes that section 56(1) of Law No. 24/1960 for the Civil Service provides that working hours in government offices are determined by the Cabinet from time to time, provided that the total working hours do not exceed 8 hours per day or 44 hours per week. Recalling that the Conventions set a double limit – daily and weekly – on hours of work and that this limit is cumulative, not alternative, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the normal hours of work of persons to whom these Conventions apply do not exceed 48 hours in the week and 8 hours in the day.

Article 6 of Convention No. 30. Limits on variable distribution of hours of work in exceptional circumstances. The Committee notes section 71(2) of Labour Law No. 37, which provides for a variable distribution of hours of work in exceptional cases for a specified period, provided that the average of weekly working hours does not exceed 48. The Committee recalls that Article 6 of Convention No. 30 requires both a weekly limit of 48 working hours and a daily limit of 10 working hours. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that a daily limit no longer than 10 hours is set together with the 48 hours weekly limit in exceptional cases where workers’ and employers’ associations agree to increase the working hours for a specified period, for the categories of workers covered by the Convention.

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Limits on total number of authorized overtime hours. With regard to the Committee´s previous comments, the Government refers to section 71(5)(e) of Labour Law No. 37, which establishes a limit of 40 hours of overtime for 90 days and 120 hours per year. The Committee notes this information, which addresses its previous request.

Weekly rest

Article 2(1) of Convention No. 14 and Article 2 of Convention No. 106. Public sector. The Committee notes that section 3(2)(a) of Labour Law No. 37 excludes public officials appointed in accordance with the Civil Service Law or a special legal text from the scope of application of this law. In this regard, the Committee notes that the Civil Service Law does not contain any provision on weekly rest. The Committee requests the Government to indicate the manner in which the provisions of the Conventions are applied to this category of workers.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. Further to its previous comments, the Committee notes the Government’s reference, in its report, to section 71(4) of Labour Law No. 37, according to which if work is undertaken during a day of rest due to the application of exemptions to the normal hours of work, the worker shall be entitled to financial compensation and a compensatory rest day the following week. In addition, the Government reports that: (i) section 70(3) of the above-mentioned law provides that if workers perform work on their weekly rest day, as agreed through collective bargaining, they shall be entitled to financial compensation and a compensatory rest day during the following week; and (ii) according to section 74(2), workers shall not be requested to work on the day of weekly rest to undertake preparatory or complementary work, or to address exceptional work load, as per section 71(3). The Committee notes this information, which addresses its previous request.

Article 7 of Convention No. 14. Notices and rosters. Following its previous comments, the Committee notes the Government’s reference to sections 68(1) and 107 of Labour Law No. 37, which establishes the employer’s obligation to post internal regulations on hours of work and rest periods in apparent locations in the workplaces. The Committee notes this information, which addresses its previous request.

Annual holidays with pay

Article 2 of Convention No. 132. Scope of application. Further to its previous comments, the Government reports that public officials excluded from the application of Labour Law No. 37 (section 3(2)(a)) are subject to Law No. 24/1960 for the Civil Service and that, according to section 43(1) therein, an employee is entitled to regular leave with full pay at the rate of one day for every ten days of service. The Committee notes this information, which addresses its previous request.

Article 12. Prohibition to forego annual holidays for monetary compensation. Further to its previous comments, the Committee notes that, according to section 78(2) of Labour Law No. 37, when a worker has not taken annual leave as a result of the employer’s refusal to grant it, financial compensation shall be granted. In this regard, the Committee recalls that the Convention prohibits the replacement of the annual holiday by the payment of cash compensation (except in the case of the termination of the employment relationship) in order to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being (2018 General Survey on working time, paras 373 and 374). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers are granted annual holidays with pay regardless of any financial compensation.

Night work (women)

Article 3 of the Convention. General prohibition of night work for women. Following its previous comments, the Committee notes the Government’s reference to section 86(1) of Labour Law No. 37, which provides that it shall be prohibited to make women work at night, unless the performance of night work is necessary, as a result of a force majeure, for preserving raw materials or perishable products, or if a force majeure led to an unexpected suspension of the work at an enterprise, provided this is not repeated. It also indicates that this provision aims at avoiding breaking up families. In this regard, the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time, paras 408 and 545). The Committee draws the Government’s attention to the fact that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.

Hours of work in road transport

Articles 6 and 10 of the Convention. Maximum total driving time. Enforcement measures. Further to its previous comments on the maximum total driving time, the Committee notes that the Government refers to section 71(5)(d) of Labour Law No. 37 and section 3 of Instructions No. 2 of 2017 concerning the recruitment of drivers in work requiring continuous driving, which set out a daily limit of nine hours and a weekly limit of 48 hours of driving time in road transport, including overtime. Given the absence of information with regard to individual control books and the maintenance of appropriate records, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) an individual control book is provided and the conditions of its issue, its contents and the manner in which it shall be kept by the drivers is prescribed; (ii) a procedure for notification of the hours worked and the circumstances justifying them is laid down; and (iii) each employer keeps a record indicating the hours of work and of rest of every driver employed and places this record at the disposal of the supervisory authorities, in accordance with Article 10 of the Convention.

Technical assistance. The Committee notes the Government’s indication that certain concepts of the Convention are unfamiliar. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard.