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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Ukraine (Ratification: 1968)

Article 8(3) of the Convention. Temporary exemptions – Compensatory rest. The Committee notes that section 71 of the Labour Code provides that working on weekends is prohibited, except in exceptional circumstances (for instance, to prevent effects of natural disasters, accidents, loss or damage to property or to perform urgent unforeseen work) and with the consent of the workers’ representatives. It also notes that section 72 provides that work performed on a weekend may be compensated, if the parties so agree, either by another day of rest or by cash payment at double the normal hourly or daily wage rate. The Government indicates, in this connection, that if an employee is required to work on a Saturday, they will still have a rest period of 24 consecutive hours, as prescribed by the Convention. The Government also indicates that due to the inadequate levels of salaries in Ukraine, employees generally prefer the extra pay for work on a weekly rest day. The Committee is bound to recall that considering the importance of weekly rest for the worker’s health and well-being, the Convention requires compensatory rest to be granted in all cases of authorized exceptions to the normal weekly rest scheme – irrespective of any monetary compensation. The Committee therefore considers that as it currently reads, section 72 of the Labour Code gives only partial effect to the requirements of this Article of the Convention. The Committee accordingly requests the Government to take appropriate action to bring the national legislation into line with the Convention on this point.