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

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

Article 8(3) of the Convention. Compensatory rest. The Committee notes that the provisions of Decision No. 91-9 AT of 17 January 1991, which has now been repealed, on which the Committee made its previous comments have been taken up in the 2011 Labour Code. The Committee notes that, under sections Lp. 3222-18 and Lp. 3222-20 of the Labour Code, industries processing perishable goods, or that have to respond at certain times to an exceptional increase in workload, can derogate from the normal weekly rest schedule, and that the hours worked on the weekly rest day are considered as overtime. However, the Committee notes that no legal provision appears to grant compensatory rest in such cases. The Committee recalls in this regard that the Convention requires the granting of compensatory rest where exemptions are made to the normal weekly rest schedule. The Committee requests the Government to take the necessary measures to ensure that compensatory rest is granted in all cases of temporary exemptions from weekly rest, as required by Article 8(3) of the Convention, irrespective of any additional remuneration which may be offered.