C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)
Convention
concerning Weekly Rest in Commerce and Offices (Entry into force: 04 Mar 1959)
Adoption: Geneva, 40th ILC session (26 Jun 1957)
Preamble
The
General Conference of the International Labour Organisation,
Having
been convened at Geneva by the Governing Body of the International Labour Office,
and having met in its Fortieth Session on 5 June 1957, and
Having
decided upon the adoption of certain proposals with regard to weekly rest in
commerce and offices, which is the fifth item on the agenda of the session, and
Having
determined that these proposals shall take the form of an international
Convention,
adopts
this twenty-sixth day of June of the year one thousand nine hundred and
fifty-seven the following Convention, which may be cited as the Weekly Rest
(Commerce and Offices) Convention, 1957:
Article
1
The
provisions of this Convention shall, in so far as they are not otherwise made
effective by means of statutory wage fixing machinery, collective agreements,
arbitration awards or in such other manner consistent with national practice as
may be appropriate under national conditions, be given effect by national laws
or regulations.
Article
2
This
Convention applies to all persons, including apprentices, employed in the
following establishments, institutions or administrative services, whether
public or private:
- (a) trading establishments;
- (b) establishments,
institutions and administrative services in which the persons employed are
mainly engaged in office work, including offices of persons engaged in the
liberal professions;
- (c) in so far as the persons
concerned are not employed in establishments referred to in Article 3 and
are not subject to national regulations or other arrangements concerning
weekly rest in industry, mines, transport or agriculture--
- (i) the trading branches of
any other establishments;
- (ii) the branches of any other
establishments in which the persons employed are mainly engaged in office
work;
- (iii) mixed commercial and
industrial establishments.
Article
3
- 1. This Convention shall also
apply to persons employed in such of the following establishments as the
Member ratifying the Convention may specify in a declaration accompanying
its ratification:
- (a) establishments,
institutions and administrative services providing personal services;
- (b) post and
telecommunications services;
- (c) newspaper undertakings;
and
- (d) theatres and places of
public entertainment.
- 2. Any Member which has
ratified this Convention may subsequently communicate to the
Director-General of the International Labour Office a declaration
accepting the obligations of the Convention in respect of establishments
referred to in the preceding paragraph which are not already specified in
a previous declaration.
- 3. Each Member which has
ratified this Convention shall indicate in its annual reports under
Article 22 of the Constitution of the International Labour Organisation to
what extent effect has been given or is proposed to be given to the
provisions of the Convention in respect of such establishments referred to
in paragraph 1 of this Article as are not covered in virtue of a
declaration made in conformity with paragraphs 1 or 2 of this Article, and
any progress which may have been made with a view to the progressive
application of the Convention in such establishments.
Article
4
- 1. Where necessary, appropriate
arrangements shall be made to define the line which separates the
establishments to which this Convention applies from other establishments.
- 2. In any case in which it is
doubtful whether an establishment, institution or administrative service
is one to which this Convention applies, the question shall be settled
either by the competent authority after consultation with the
representative organisations of employers and workers concerned, where
such exist, or in any other manner which is consistent with national law
and practice.
Article
5
Measures
may be taken by the competent authority or through the appropriate machinery in
each country to exclude from the provisions of this Convention:
- (a) establishments in which
only members of the employer's family who are not or cannot be considered
to be wage earners are employed;
- (b) persons holding high
managerial positions.
Article
6
- 1. All persons to whom this
Convention applies shall, except as otherwise provided by the following
Articles, be entitled to an uninterrupted weekly rest period comprising
not less than 24 hours in the course of each period of seven days.
- 2. The weekly rest period
shall, wherever possible, be granted simultaneously to all the persons
concerned in each establishment.
- 3. The weekly rest period
shall, wherever possible, coincide with the day of the week established as
a day of rest by the traditions or customs of the country or district.
- 4. The traditions and customs
of religious minorities shall, as far as possible, be respected.
Article
7
- 1. 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, measures may be taken
by the competent authority or through the appropriate machinery in each
country to apply special weekly rest schemes, where appropriate, to
specified categories of persons or specified types of establishments
covered by this Convention, regard being paid to all proper social and
economic considerations.
- 2. All persons to whom such
special schemes apply shall be entitled, in respect of each period of
seven days, to rest of a total duration at least equivalent to the period
provided for in Article 6.
- 3. Persons working in branches
of establishments subject to special schemes, which branches would, if
independent, be subject to the provisions of Article 6, shall be subject
to the provisions of that Article.
- 4. Any measures regarding the
application of the provisions of paragraphs 1, 2 and 3 of this Article
shall be taken in consultation with the representative employers' and
workers' organisations concerned, where such exist.
Article
8
- 1. Temporary exemptions, total
or partial (including the suspension or reduction of the rest period),
from the provisions of Articles 6 and 7 may be granted in each country by
the competent authority or in any other manner approved by the competent
authority which is consistent with national law and practice--
- (a) in case of accident, actual
or threatened, force majeure or urgent work to premises and equipment,
but only so far as may be necessary to avoid serious interference with
the ordinary working of the establishment;
- (b) in the event of abnormal
pressure of work due to special circumstances, in so far as the employer
cannot ordinarily be expected to resort to other measures;
- (c) in order to prevent the
loss of perishable goods.
- 2. In determining the
circumstances in which temporary exemptions may be granted in accordance
with the provisions of subparagraphs (b)and (c) of the preceding
paragraph, the representative employers' and workers' organisations
concerned, where such exist, shall be consulted.
- 3. Where temporary exemptions
are made in accordance with the provisions of this Article, the persons
concerned shall be granted compensatory rest of a total duration at least
equivalent to the period provided for under Article 6.
Article
9
In
so far as wages are regulated by laws and regulations or subject to the control
of administrative authorities, there shall be no reduction of the income of
persons covered by this Convention as a result of the application of measures
taken in accordance with the Convention.
Article
10
- 1. Appropriate measures shall
be taken to ensure the proper administration of regulations or provisions
concerning the weekly rest, by means of adequate inspection or otherwise.
- 2. Where it is appropriate to
the manner in which effect is given to the provisions of this Convention,
the necessary measures in the form of penalties shall be taken to ensure
the enforcement of its provisions.
Article
11
Each
Member which ratifies this Convention shall include in its annual reports under
Article 22 of the Constitution of the International Labour Organisation--
- (a) lists of the categories of
persons and the types of establishment subject to special weekly rest
schemes as provided for in Article 7; and
- (b) information concerning the
circumstances in which temporary exemptions may be granted in accordance
with the provisions of Article 8.
Article
12
None
of the provisions of this Convention shall affect any law, award, custom or
agreement which ensures more favourable conditions to the workers concerned
than those provided for in the Convention.
Article
13
The
provisions of this Convention may be suspended in any country by the government
in the event of war or other emergency constituting a threat to the national
safety.
Article
14
The
formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article
15
- 1. This Convention shall be
binding only upon those Members of the International Labour Organisation
whose ratifications have been registered with the Director-General.
- 2. It shall come into force
twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
- 3. Thereafter, this Convention
shall come into force for any Member twelve months after the date on which
its ratifications has been registered.
Article
16
- 1. A Member which has ratified
this Convention may denounce it after the expiration of ten years from the
date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period of ten years
under the terms provided for in this Article.
Article
17
- 1. The Director-General of the
International Labour Office shall notify all Members of the International
Labour Organisation of the registration of all ratifications and
denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the Members
of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will
come into force.
Article
18
The
Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Article
19
At
such times as it may consider necessary the Governing Body of the International
Labour Office shall present to the General Conference a report on the working
of this Convention and shall examine the desirability of placing on the agenda
of the Conference the question of its revision in whole or in part.
Article
20
- 1. Should the Conference adopt
a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides--
- (a) the ratification by a
Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions
of Article 16 above, if and when the new revising Convention shall have
come into force;
- (b) as from the date when the
new revising Convention comes into force this Convention shall cease to
be open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article
21
The
English and French versions of the text of this Convention are equally
authoritative.
No comments:
Post a Comment