E/C.12/GC/23
D.
Article 7 (d): rest, leisure, reasonable limitation of working hours and
periodic holidays with pay, as well as remuneration for public holidays
34.
Rest and leisure, limitation of working hours and paid periodic holidays help
workers to maintain an appropriate balance between professional, family and personal
responsibilities and to avoid work-related stress, accidents and disease. They also promote
the realization of other Covenant rights; therefore, although States parties have flexibility in
the light of the national context, they are required to set minimum standards that must be
respected and cannot be denied or reduced on the basis of economic or productivity
arguments. States parties should introduce, maintain and enforce laws, polices and
regulations covering several factors, as outlined below.
1.
Limits on daily hours of work
35.
Working days spent in all activities, including unpaid work, should be limited to a
specified number of hours. While the general daily limit (without overtime) should be eight
hours,28 the rule should take into account the complexities of the workplace and allow for
flexibility, responding, for example, to different types of work arrangements such as shift
work, consecutive work shifts, work during emergencies and flexible working
arrangements. Exceptions should be strictly limited and subject to consultation with
workers and their representative organizations. Where legislation permits longer working
days, employers should compensate for longer days with shorter working days so that the
average number of working hours over a period of weeks does not exceed the general
principle of eight hours per day.29 Requirements for workers to be on-call or on standby
need to be taken into account in the calculation of hours of work.
36.
Legislation should establish the maximum number of daily hours of work, which
could vary in the light of the exigencies of different employment activities but should not
go beyond what is considered a reasonable maximum work day. Measures aimed at
assisting workers to reconcile work with family responsibilities should not reinforce
stereotyped assumptions that men are the main breadwinners and that women should bear
the main responsibility for the household. If substantive equality is to be achieved, both
male and female workers with family responsibilities should benefit from the measures on
an equal footing.30
2.
Limits on weekly hours of work
37.
The number of hours of work per week should also be limited through legislation.
The same criteria as indicated for daily limits on working hours apply. The limitation
should apply across all sectors and for all types of work, including unpaid work. Reduced
working weeks may apply, for instance, in relation to arduous activities. The Committee is
aware that many States parties have opted for a 40-hour week and recommends that States
parties that have not yet done so take steps progressively to achieve this target.31 Legislation
28
29
30
31
See ILO Hours of Work (Industry) Convention, 1919 (No. 1), art. 2, and Hours of Work (Commerce
and Offices) Convention, 1930 (No. 30), art. 3. While very wide in scope, they do not cover all areas
of economic activity, such as agricultural and domestic workers, that later ILO conventions and
recommendations take on board.
Adapted from ILO Hours of Work (Industry) Convention, 1919 (No. 1), art. 2 (c) (referring strictly to
shift work).
ILO Workers with Family Responsibilities Convention, 1981 (No. 156).
See ILO, “Working time in the twenty-first century”, report for discussion at the Tripartite Meeting of
Experts on Working-time Arrangements (17-21 October 2011), para. 40, which notes that 41 per cent
of countries provide for a regular 40-hour workweek.
9