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

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

Articles 7, 8 and 11 of the Convention. Permanent and temporary exemptions. The Committee recalls that for ten years it has been commenting on section 66 of the General Labour Act No. 2/86 of 5 April 1986, which provides for the possibility of establishing special weekly rest schemes, without however specifying the categories of persons and types of establishments to which these schemes apply, and on the absence of provisions providing for consultation with the representative employers’ and workers’ organizations concerned, as required by Articles 7(4) and 8(3) of the Convention. In its report, the Government indicates that, despite the existence of schemes of permanent exemptions, the social partners are not consulted and that there is not currently any provision of law or regulations determining the categories of workers and the types of establishments covered by a special weekly rest scheme. However, the Government undertakes to draw up such a list in the near future. The Committee also notes the Government’s indication that the draft new Labour Code, on which the ILO provided comments, will soon be submitted to the National Assembly. The Committee trusts that, with a view to the adoption of the new Labour Code, the Government will take all appropriate measures to bring the national legislation into line with the requirements of the Convention, particularly by carrying out consultations with the representative organizations of employers and workers concerned with regard to special weekly rest schemes and temporary exemptions from weekly rest (Articles 7(4) and 8(3)) and by specifying the categories of persons and the types of establishments subject to special weekly rest schemes (Article 11). It also requests the Government to provide a copy of the new Labour Code once it has been adopted.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 7, 8 and 11 of the Convention. Permanent and temporary exemptions. The Committee has been noting for several years that section 66 of the General Labour Act No. 2/86 does not specify the categories of persons and types of establishments permanently exempted from the normal weekly rest scheme, and also that no reference is made to consultations with employers’ and workers’ organizations with regard to temporary exemptions under section 68 of the General Labour Act. Accordingly, the Committee has been requesting the Government to provide in accordance with Article 11 of the Convention full particulars on the permanent (Article 7) and temporary (Article 8) exemptions and also to explain the method for conducting consultations with the social partners on these matters. In addition, the Committee has been noting that a draft new Labour Code is in preparation and that it is essentially reproducing the provisions of the General Labour Act with respect to weekly rest. In its last report, the Government merely indicates that the consultation of social partners is ensured through the Standing Council for Social Dialogue (CPCS), a tripartite body set up to make recommendations on issues related to socio-economic development. The Committee understands that the terms of reference of this Council are set out in Decree No. 01/2001 of 22 March 2001. The Committee would appreciate receiving a copy of this Decree. The Committee also requests the Government to indicate whether the CPCS has examined and advised on the provisions of the new draft Labour Code relating to special weekly rest schemes and temporary exemptions from the normal weekly rest scheme. The Committee further requests the Government to specify the legal or regulatory provisions determining the categories of persons and types of establishments which are subject to special weekly rest schemes. As regards the new draft Labour Code, which is scheduled to be examined by the Parliament shortly, the Committee hopes that the Government will take into account the points that the Committee has been raising concerning the application of Articles 7 and 8 of the Convention and requests it to keep the Office informed of any further developments in this regard.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including information concerning the number of workers covered by the legislation and inspection results showing the number of infringements relating to weekly rest and the action taken.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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, paragraphs 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, paragraphs 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 accident, 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes 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:

The Government indicates that the employers’ and workers’ organizations have been consulted on the draft amendment of the General Labour Law No. 2/86 of
5 April 1986. The Committee asks the Government to continue to provide information on further developments of the legislative process.

Article 7, paragraphs 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 provides the possibility of applying special schemes permanently, as laid down by Article 7, paragraph 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, paragraph 4, of the Convention, any exceptions to the norm should be authorized only in consultations 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, paragraphs 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, paragraph 1, of the Convention. The Committee points out that, except in case of accident, 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 exceptions. 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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates that the employers’ and workers’ organizations have been consulted on the draft amendment of the General Labour Law No. 2/86 of 5 April 1986. The Committee asks the Government to continue informing it of any further developments of the legislative process.

Article 7, paragraphs 1 and 4, of the Convention. Section 66(2) and (3) of the General Labour Law No. 2/86 provide the possibility of applying special schemes permanently, as laid down by Article 7, paragraph 1. The Committee 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, paragraph 4, any exceptions to the norm should be authorized only in consultations 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 11(a). Please provide lists of the categories of persons and the types of establishments subject to special weekly rest schemes.

Article 8, paragraphs 1 and 2. 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, paragraph 1. The Committee points out that, except in case of accident, 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(b). Please provide information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the Government’s report and the outline of a draft to amend, with the assistance of the ILO, the General Labour Law No. 2/86 of 5 April 1986. It requests the Government to keep the Office informed of any progress achieved in this respect. In particular, it asks the Government to provide further information on the methods envisaged or adopted for consultation of the representative employers’ and workers’ organizations, as required by Article 7, paragraph 4, and Article 8, paragraph 2, of the Convention.