Hours of Work

1

• Hours of Work
• Conventions Nos. 1, 30, 47, 14, 106, 132 and 175
• Martine Humblet
• International Labour Standards Department

2
Hours of Work C1 C30

• Definition the time during which the persons
  employed are at the disposal of the employer
• Scope
• C1 Industry (mines, manufacturing, construction,
  transport)
• C30 Commerce and offices
• Exceptions members of the same family, positions
  of trust, etc.

3
Maximum Hours of Work

• C30
• 48 hrs. a week
• 8 hrs. a day
• Spread over the week, max. 10 hrs. a day
• Exceptional cases, regulations made after
  consultation with WO and EO, spread over a longer
  period, but not more than an average of 48 hrs. a
  week and 10 hrs. a day

• C1
• 48 hrs. a week
• 8 hrs. a day
• Spread over the week, max. 9 hrs. a day
• Exceptional cases, agreement regulations
  spread over a longer period, but not more than an
  average of 48 hrs. a week

4
Shift Work

• May be extended, provided the average over max. 3
  weeks does not exceed 8 hrs. a day and 48 hrs. a
  week

• Not expressly foreseen

General Interruptions of Work

• Not expressly foreseen

• May be made up on max. 30 days a year within a
  reasonable time
• Max. 1 hr. a day
• Max. 10 hrs. a day

5
Permanent Exceptions

• Preparatory or complementary work
• Intermittent work
• Regulations made after consultation with WO and
  EO
• Max. No. of additional hrs. in each case to be
  fixed

• Preparatory or complementary work
• Intermittent work
• Shops and other establishments where the normal
  limits are inapplicable
• Regulations made after consultation with WO and
  EO
• Max. No. of additional hrs. in each case to be
  fixed

6
Temporary Exceptions

• Accidents, urgent work on machinery or force
  majeure, but only to avoid serious damage
• Extra hours of work Regulations made after
  consultation with WO and EO
• Max. No. of additional hrs. in each case to be
  fixed. Pay 25

• Accidents, urgent work on machinery or force
  majeure, but only to avoid serious damage
• To prevent the loss of perishable goods
• Special work (e.g. stocktaking)
• Extra hours of work
• Regulations made after consultation with WO and
  EO. Except 1st point max. No. of additional hrs.
  per day and per year to be fixed. Pay 25

7
Employers Obligations C1 and C30

• Post notices listing the hours of work
• Post notices listing rest intervals not reckoned
  as part of the working hours
• Keep a record of additional hours worked
• Not to employ anyone outside the fixed hours

Penalties C30

• Each State shall set up a system of penalties to
  ensure that the Convention is enforced

8
The 40-hour Week C47

• Each State that ratifies C47
• declares its approval of the principle of a
  40-hour week without a reduced standard of living
• undertakes to apply that principle to various
  classes of employment

9
Weekly Rest C14 and C106

• Scope
• C14 Industry
• C106 Commerce and offices (possible
  complementary declaration personal services,
  post, newspapers, public entertainment)
• Exceptions allowed members of a single family
  (C14) if they are not wage-earners (C106) people
  in high managerial positions (C106)

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Basic Rules

• Right to rest for at least 24 consecutive hours
  in each period of 7 days
• Whenever possible
• at the same time for all staff
• on the day established by tradition or custom
• respect for traditions of religious minorities
  (C106)
• Protection of income (C106)

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Exceptions Allowed C14

• Total or partial exceptions, taking economic and
  humanitarian considerations into account, and
  after consulting WO and EO
• Whenever possible compensatory rest

12
Exceptions Allowed C106

• Special schemes where the nature of the work, the
  size of the population to be served or the number
  of persons employed mean that the basic rules
  cannot be applied
• Regard being paid to all pertinent social and
  economic considerations
• Right to at least 24 hrs. rest in each period of
  7 days
• Consultation with EO and WO
• Temporary exceptions a) in cases of accident,
  force majeure or urgent work b) abnormal
  pressure of work c) to prevent the loss of
  perishable goods
• Compensatory rest is obligatory
• b) and c) consultation with EO and WO

13
The Employers Obligations

• To make known the weekly rest times and any
  special systems (C14)

Enforcement

• Through adequate inspection or otherwise
• Where possible, a system of proper penalties
  (C106)

14
Annual Holidays C132

• Scope all employed persons, with the exception
  of seafarers
• States may exclude limited categories of workers,
  after consulting EO and WO, when special problems
  of a substantial nature, relating to enforcement
  or to legislative or constitutional matters,
  arise
• States may accept the obligations of the
  Convention separately for agriculture and for
  other sectors

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Basic Principles

• The right to an annual paid holiday of no less
  than 3 weeks for one year of service
• A minimum period of service may be required, but
  not more than 6 months (inc. absence due to
  illness, injury or maternity leave)
• The right to a holiday with proportionate pay
  when the minimum has not been reached
• A proportionate holiday or compensation or
  holiday credit upon termination of employment

16
Annual Holidays

• The 3-week minimum does not include public
  holidays or periods of incapacity for work
  (sickness or injury)
• The holiday may be divided, but one of its parts
  must cover two uninterrupted working weeks,
  except by agreement
• The parts must be taken within a certain time
  limit (12 months/18 months)
• They may be partly postponed with the workers
  agreement
• Agreements to relinquish the right to a minimum
  3-week holiday are prohibited

17

• Holiday dates decided by the employer, after
  consulting the worker or his representatives and
  taking into account working needs and the
  workers opportunities for rest
• At least normal or average remuneration to be
  paid before the holiday, unless agreed otherwise
• Special rules may be laid down for cases of
  workers engaging in paid work incompatible with
  the purpose of the holiday
• Obligation to take effective measures to ensure
  application of the provisions concerning holidays
  with pay, by adequate inspection or otherwise

18
Part-time Work C175

• Defines a part-time worker as an employed person
  whose normal hours of work are less than those of
  comparable full-time workers
• Does not cover full-time workers affected by
  partial unemployment
• Applies to all part-time workers
• Specific categories of workers or establishments
  may be excluded, after consultation with EO and
  WO, to avoid particular, substantial problems

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Equal Treatment (I)

• to full-time workers in a similar situation
• Equal protection as regards
• the right to organize and collective bargaining
  
• workplace health and safety
• job discrimination
• Pay may not be proportionately lower just
  because a worker is part-time

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Equal Treatment (II)

• Equivalent conditions as regards statutory social
  security schemes (proportionate calculation)
• Equivalent conditions as regards
• maternity protection
• termination of employment
• paid annual leave and paid public holidays
• sick leave
• Thresholds may be set, except for workplace
  injuries, occupational diseases and maternity
  benefits (other than those provided under
  statutory social security schemes)
• Such thresholds must be relatively low and must
  be reviewed periodically. EO and WO must be
  consulted

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Use

• Facilitate access to productive and freely chosen
  part-time work
• Special attention to specific groups
• the unemployed
• workers with family responsibilities
• older workers
• workers with disabilities
• workers undergoing training
• Measures to ensure that transfer from full-time
  to part-time work or vice versa is voluntary