Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Indonesia (Ratification: 1972)

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. With reference to its previous comments, the Committee notes again with regret that the Government’s latest report does not contain information on any new measures taken or envisaged. Workers are not granted compensatory rest for working on their weekly rest day and are only compensated with overtime pay in accordance with section 11(b) of the Decree of the Minister of Manpower and Transmigration No. KEP-102/MEN/VI/2004 on Overtime Work and Overtime Pay. The Committee recalls once more that, under Article 8(3) of the Convention, compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted to workers who have worked on his/her day of rest, irrespective of monetary compensation. Recalling that the Committee has been raising this question for over 30 years, it urges the Government to take the necessary steps in order to bring its legislation into line with the requirements of the Convention through legislation or administrative issuance. The Committee also asks the Government to transmit in its next report up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, etc.

[The Government is asked to reply in detail to the present comments in 2016.]