E/C.12/GC/23 should allow for some flexibility to go beyond the limited number of hours of work per week, corresponding to different working arrangements and sectors. However, as a general rule, the hours per week, averaged over a period of time, should meet the statutory standard working week. Workers should receive additional pay for overtime hours above the maximum permitted hours worked in any given week. 3. Daily rest periods 38. Rest during the day is important for the health and safety of workers and therefore legislation should identify and protect rest periods during the work day. Where workers operate machinery or undertake tasks that can affect the life and health of themselves and others, legislation should include mandatory rest periods. Legislation should also include specific regulations on rest periods for night workers and acknowledge certain situations, for example, those of pregnant women, lactating women who may require rest periods in order to breastfeed, or workers undergoing medical treatment. Daily rest periods should take into account possibilities for flexible working arrangements which allow for extended working days in return for an additional day of rest in a weekly or fortnightly period. 4. Weekly rest periods 39. All workers must enjoy weekly rest periods, in principle amounting to at least 24 consecutive hours every period of seven days, 32 although two consecutive days of rest for workers is preferable as a general rule to ensure their health and safety. Days of rest should correspond to the customs and traditions of the country and the workers in question33 and apply simultaneously to all staff in the enterprise or workplace.34 40. Temporary exceptions should be permissible in certain cases such as accidents, force majeure, urgent work requirements and abnormal pressure of work or to prevent the loss of perishable goods35 and where the nature of the service provided requires work on generally applied days of rest, such as weekend retail work. In such cases, workers should receive compensatory rest as much as possible within the seven-day work period and for at least 24 hours.36 Any exceptions should be agreed through consultation with workers and employers and their representative organizations. 5. Paid annual leave 41. All workers, including part-time and temporary workers, must have paid annual leave.37 Legislation should identify the entitlement, at a minimum, of three working weeks of paid leave for one year of full-time service. Workers should receive at least the normal pay for the corresponding period of holidays. Legislation should also specify minimum service requirements, not exceeding six months, for paid leave. In such situations, the worker should nonetheless enjoy paid leave proportionate to the period of employment. 32 33 34 35 36 37 10 See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (1); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (1). See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (3); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (3) and 6 (4). See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (2); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (2). See ILO Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 8 (1); see also ILO, “Working time in the twenty-first century”, para. 21. See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 5; and Weekly Rest (Commerce and Offices) Convention 1957 (No. 106), art. 8 (3). See ILO Holidays with Pay Convention (Revised), 1970 (No. 132), arts. 2, 3, 4, 5 (1), 6, 7 (1), 8 (2), 11 and 12.

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