The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017, regarding the application of the ratified Conventions on working time. It notes that these observations reiterate the points already raised by the CTSP in 2015 and 2016, particularly regarding the non-observance in practice of the provisions of the Labour Code respecting hours of work and weekly rest and the absence of resources of the labour inspection services to take effective action to combat violations, including in the informal sector.

The Committee also notes the adoption of the Act organizing and regulating work over a 24-hour period divided into three segments of eight hours (the Act on working time) which was published in the official journal Le Moniteur on 21 September 2017. As this new Act has an effect on the application of all the Conventions ratified by Haiti on working time, namely Conventions Nos 1 and 30 (hours of work) and 14 and 106 (weekly rest), the Committee considers it appropriate to examine them in a single comment.

The Committee notes that the new Act repeals most of the provisions of the Labour Code which were giving effect to the ratified Conventions on working time, and particularly:

-section 96 which, while establishing the principle of eight hours of work a day and 48 per week, authorized the variable distribution of hours of work over a week, within the limit of nine hours a day in industrial establishments and ten hours a day in commercial establishments and offices; these limits were in conformity with those provided for in Article 2(b) of Convention No. 1 (industry) and Article 4 of Convention No. 30 (commerce and offices);
-sections 97, 98 and 101–104 which provided for possible exceptions to normal hours of work (regulation and limits for overtime); these exceptions were generally in conformity with Articles 3–6 of Convention No. 1 and Articles 5–7 of Convention No. 30; and
-section 107, which established a minimum weekly rest period of 24 consecutive hours to be granted preferably on Sunday and simultaneously to the whole staff of an establishment, in conformity with Article 2 of Convention No. 14 (industry) and Article 6 of Convention No. 106 (commerce and offices).

The Committee notes that, with the adoption of the Act on working time, the new national legislative framework on hours of work and weekly rest is reduced to the brief content of the following sections of the Act:

-section 2 which, while providing that the normal duration of work remains eight hours a day and 48 hours a week, provides that “the employer and the employee may decide and agree, depending on the needs and on agreement between the parties in conformity with national and international labour standards, to exceed the normal limit of eight hours of work a day, without exceeding 48 hours of work a week”;
-section 3, which provides for a paid break from work of at least half an hour;
-section 4 respecting the remuneration of overtime hours and their recording for monitoring and inspection purposes; and
-section 5, which establishes that workers shall freely negotiate the work schedule which suits them.

In this respect, the Committee notes with concern that the new Act does not give effect to a number of important matters covered by the ratified Conventions on working time, in particular:

-the maximum number of hours of work per day is no longer defined in the new Act, while Article 2(b) of Convention No. 1 and Article 4 of Convention No. 30 provide for a limit of nine hours a day in industrial establishments and ten hours a day in commercial establishments and offices;
-the possible exceptions from normal hours of work are no longer regulated, while Articles 3–6 of Convention No. 1 and Articles 5–7 of Convention No. 30 provide for specific regulation and limits for overtime; and
-the principle of weekly rest is no longer explicitly recognized, while Article 2 of Convention No. 14 and Article 6 of Convention No. 106 provide for a minimum of 24 consecutive hours in every period of seven days.

Moreover, given the formulation of section 5 of the new Law, the Committee considers it necessary to recall the importance of national legislation and practice restricting recourse to exceptions to the double cumulative limit established in the Conventions, namely eight hours in the day and 48 hours in the week, to cases of clear, well-defined and limited circumstances such as accident, real or threatened, force majeure or urgent work to be done to plant or machinery (see General Survey of 2018 on working time instruments, paragraph 119).

Furthermore, the Committee notes with regret that the new Act has been adopted while, at the same time, the comprehensive reform of the Labour Code which has been under discussion for several years and for which ILO technical assistance has been received, has not been finalized.

The Committee notes with deep concern that the Government’s reports have not been received.

The Committee urges the Government to take immediate measures to ensure that workers benefit from the protection afforded by the ratified Conventions on working time. It further urges the Government to take measures to carry out inspections to ensure that this protection is effective in practice. It expects that the Government will renew its efforts to complete the reform of the Labour Code and that it will be in full conformity with the Conventions ratified by the country, particularly on working time. Lastly, the Committee expects that the next reports will contain full particulars on the subject.

[The Government is asked to supply full particulars to the Conference at its 107th Session and to reply in full to the present comments in 2018.]