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.