Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Polynésie française

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes that the provisions of Decision No. 91-9 AT of 17 January 1991, now repealed, which was the subject of the Committee’s previous comments, have been reproduced in the Labour Code of 2011. The Committee notes that according to section Lp. 3222-30 of the Labour Code, the weekly rest of employees engaged in continuous manufacturing or operations in factories operating round the clock, may be deferred in part provided that the workers concerned have a number of rest periods of 24 consecutive hours at least equal to the number of weeks included in the period of work concerned. Section Lp. 3222-31 provides that the maximum length of such a period may be fixed in collective agreements, otherwise it may not exceed 12 weeks. The Committee points out in this connection that although the Convention sets no deadline for the grant of the compensatory rest, in keeping with the spirit of the Convention it must be granted within a reasonably short time. According to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), persons to whom special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to provide further details of: (i) the manner in which this issue is dealt with in existing collecting agreements; and (ii) a possible reconsideration of the 12-week deadline set in section Lp. 3222-31, since to work for virtually three months without receiving any weekly rest would entail risks for the workers’ health and well-being.