Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Guinea - Bissau (Ratification: 1977)

The Committee notes with regret 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:

Article 7(1) and (4) of the Convention. Special weekly rest schemes. The Committee notes that section 66(2) and (3) of the General Labour Law No. 2/86 of 5 April 1986 provides the possibility of applying special schemes permanently, as laid down by Article 7(1) of the Convention. It recalls that under this provision of the Convention, measures may be taken by the competent authority or through the appropriate machinery to apply special weekly rest schemes to specified categories of persons or establishments where, because of the nature of the work, the nature of the service performed by the establishment, the size of the population to be served or the number of persons employed, it is impossible to apply the normal scheme, for example by granting weekly rest on Sunday. The Committee further recalls that, according to Article 7(4) of the Convention, any exceptions to the norm should be authorized only in consultation with the representative employers’ and workers’ organizations, where such exist. It therefore again asks the Government to indicate the methods adopted or envisaged to give full effect to the Convention in this respect.

Article 8(1) and (2). Temporary exemptions. The Committee notes that section 68 of Law No. 2/86, by referring to section 52(b) of the same law, governs temporary exemptions from the weekly rest day caused by force majeure or necessary to prevent or repair considerable damage of the establishment. Section 52(a) of Law No. 2/86 relates to abnormal pressure of work and work to prevent the loss of perishable goods. These are exemptions, which fall under Article 8(1) of the Convention. The Committee points out that, except in case of accidents, urgent work or force majeure, the representative employers’ and workers’ organizations shall be consulted in determining the circumstances in which such temporary exemptions may be granted. It requests the Government to indicate the methods for the consultation of representative employers’ and workers’ organizations.

Article 11. List of exemptions. Please provide lists of the categories of persons and the types of establishments subject to special weekly rest schemes as well as information concerning the circumstances in which temporary exemptions may be granted.

Finally, the Committee asks the Government to continue to provide information on any developments regarding the draft amendment of General Labour Law No. 2/86.