Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Polynésie française

The Committee notes that Decision (délibération) No. 98-98 APF of 9 July 1998 among other things extended the number of cases, established by Decision No. 91-009 AT of 17 January 1991 regarding weekly rest, in which exceptions are allowed to the Sunday rest provisions of Act No. 86-845 of 17 July 1986. The Committee also notes that the procedures for arranging weekly rest by rotation have been established in different sectors (security and surveillance, shops, hotels and catering) by collective agreements, in accordance with section 3 of the amended Decision.

Article 7, paragraphs 1 and 4; Article 11(a) of the Convention. The Committee recalls that the special weekly rest schemes under Article 7, paragraph 1, can be applied only where 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 is such that the provisions of Article 6 cannot be applied. In principle, allowing commercial enterprises to operate on Sundays (section 3, No. 26 of the amended Decision and the branch collective agreement of 22 July 1999) does not appear to be in response to the basic needs of the population, unless the social and economic situation of the territory requires it. The Committee would therefore be grateful if the Government would provide more detailed information on this point in its next report.

The Committee also draws the Government’s attention to the fact that the collective agreement for the security sector cannot be based on section 3 of the amended Decision, since the sector in question (section 13 of the Decision) is not one of the cases listed in this provision. The Committee also requests the Government to indicate the collective agreements governing the procedures for organizing work in cases of permanent derogation in respect of Sunday rest in other establishments covered by section 3 of the Decision. If there are none, the Government is asked to indicate how else it ensures that representative organizations of the employers and workers concerned will be consulted, in accordance with Article 7, paragraph 4, of the Convention.

Article 11(a). Please provide lists of categories of persons or establishments covered by special weekly rest schemes.