ილოს summary-ს ანაზლიზი (2018).

დეტალურად:

General Survey concerning working-time instruments

1.დასაწყისიდან – 9გვ.
2.13 – 18.
3.18 – 34.

გამინაკლისები
4.34 – 46.
5.47 – 55.

ზეგანაკვეთური
6.55 – 58.

შესვენება
7.58 – 64.

დასკვნა:
8.64 – 67.

საშუალოდ:

ყოველკვირეული დასვენება:
1.67 – 79.
2.79 – 101
დასკვნა: 3.101 – 103.

წლიური ანაზღაურებადი არდადეგები:

1.103 – 139.

ღამის სამუშაოთ
4.139 – 162.

დეტალურად:

სამუშაო დროის მოწყობის სისტემები

1.239 – 252
2.252 – 263.

წარმოშობილი პრობლემები:
3.263 – 275.

ძალიან ზოგადად:
კოლექტიური მოლაპარაკებები
1.275 – 289.

მიღებული ზომები
2.289 – 317.

გამოყენებული ინსტრუმენტების პოტენციალი

3.317 – 325.

დასკვნა:
4.325 – 331.

დეტალურად:

General Survey concerning working-time instruments

1.დასაწყისიდან – 9გვ.

This is the introduction to the General Survey on working-time instruments by the International
Labour Organization (ILO). The survey focuses on examining nine Conventions, one Protocol, and
six Recommendations related to working time. The background and scope of the survey are
outlined, stating that it aims to provide an overview of the current situation in member states
regarding the implementation of these instruments and identify potential gaps in international labor
standards.

The introduction emphasizes the importance of working time regulations for both workers and
employers, as well as their impact on the economy and society as a whole. It highlights that
working time is a key element of the ILO's Decent Work Agenda and is aligned with the 2030
Agenda for Sustainable Development.
The introduction also acknowledges the transformations taking place in the world of work, such as
technological advancements and the shift towards a 24/7 society, which have implications for
working time arrangements. It discusses the increased feminization of labor markets and the
growing need to address issues related to working time in the context of gender equality and the
care economy.
Furthermore, the introduction notes that this General Survey is the first to comprehensively address
all aspects of working time, providing a comprehensive overview of the current situation in member
states and identifying challenges and gaps in international labor standards.
Overall, the introduction sets the stage for the General Survey and highlights the importance of
working time regulations in the context of changing work patterns and societal needs.

2.13 – 18.

Chapter I of the document focuses on the topic of hours of work and discusses three conventions
and one recommendation related to this issue. The conventions discussed are the Hours of Work
(Industry) Convention, 1919 (No. 1), the Hours of Work (Commerce and Offices) Convention, 1930
(No. 30), and the Forty-Hour Week Convention, 1935 (No. 47), while the recommendation is the
Reduction of Hours of Work Recommendation, 1962 (No. 116).

Convention No. 1 was the first international labor standard adopted by the International Labour
Conference (ILC). It established a legal limitation on hours of work in the industrial sector,
combining the principles of an eight-hour day and a 48-hour week. The rationale behind this
combination was to ensure that average hours of work do not exceed eight hours a day over a six-
day week, with a recognition of the principle of 24 hours of rest per week. Convention No. 1 also
allowed for limited exceptions to extend normal hours of work.
Convention No. 30 extended similar protections to salaried employees in commerce and offices. It
provided a definition of "hours of work" and stated that rest periods during which employees are not
at the disposal of the employer are not included in the calculation of working hours.
Convention No. 47 was adopted in response to the global unemployment crisis during the Great
Depression. It called for a 40-hour week, with the condition that the standard of living should not be
reduced as a result. The convention did not provide detailed rules but urged ratifying countries to
take appropriate measures to secure the 40-hour working week.
Recommendation No. 116, adopted in 1962, aimed to supplement and facilitate the implementation
of existing international instruments by suggesting practical measures for the progressive reduction
of hours of work. It took into account different economic and social conditions in various countries
and outlined broad methods for applying such measures.
The chapter also provides an overview of actual hours of work around the world. On average,
globally, the weekly working time is approximately 43 hours, with some regional variations. Men
tend to work more hours in paid work than women, although the gender gap varies across different
subregions.
The chapter concludes by discussing the basic rules regarding the ceiling on hours of work,
including definitions of "hours of work" and the inclusion or exclusion of rest periods. It highlights
variations in national legislation and practices regarding the treatment of breaks and rest periods
within working hours.
Overall, Chapter I provides a comprehensive overview of the historical development of
international standards on hours of work and offers insights into the current state of working hours
globally.

3.18 – 34.
The summary provides information about the limits on normal hours of work, specifically focusing
on general rules regarding the duration of work hours in different countries. Here are the key points:

1. Normal hours of work refer to the legally permissible number of hours worked during a day,
week, month, or year, excluding overtime.
2. Overtime refers to the additional hours worked beyond normal hours of work, while total
hours of work include both normal hours and overtime.
3. International labor Conventions, such as Convention No. 1 and Convention No. 30, establish
guidelines for limiting the duration of work hours.
4. Convention No. 1 sets the maximum limit of eight hours per day and 48 hours per week for
workers in industrial undertakings.
5. Convention No. 30 also sets the maximum limit of eight hours per day and 48 hours per
week for covered workers.
6. Different countries have varying statutory limits on normal hours of work, with many
countries establishing a 40-hour working week or a 48-hour working week.
7. Some countries have working weeks longer than 40 hours but shorter than 48 hours, while a
few countries allow working weeks of more than 48 hours or less than 40 hours.
8. In many countries, there are both weekly and daily limits on normal hours of work, with the
daily limit often set at eight hours.
9. However, in some cases, a limit on normal daily hours of work is the only restriction
specified in the legislation, and it may exceed eight hours in a few countries.
10. Certain countries also have annual limits on working hours for specific categories of
workers, such as agricultural workers.
11. In a few countries, there is no general statutory limit on normal hours of work, but
there may be restrictions on average working time or agreements in collective agreements or
employment contracts.
12. Variations in the distribution of normal hours of work are allowed to accommodate
production requirements, technical variations, exceptional circumstances, or specific worker
needs.
13. The distribution of working hours can be averaged within the week, over a period
longer than a week, or in the case of shift work.
14. Convention No. 1 allows for the extension of daily hours by up to one additional
hour, while Convention No. 30 permits an extension of up to two additional hours, reaching
a total of ten hours per day.
15. Many countries allow the averaging of working hours within the week, while others
implicitly allow variable distributions without specifying daily limits.
16. Some countries have no specific regulations regarding the distribution of working
hours over the week but require adherence to statutory weekly rest periods.
17. Some countries do not specify how hours of work should be distributed, leaving it to
existing practice or collective agreements.

Overall, the summary provides an overview of the general rules and variations in the limits on
normal hours of work in different countries, based on national legislation and international labor
standards.
The report discusses the limits and regulations on the distribution of working hours over the week in
various countries. It states that most countries have established specific daily limits on working
hours, usually limited to one hour per day on certain days within the weekly limit. However, in
some countries, there is flexibility for a maximum extension of two hours per day or ten hours of
total daily working time.

For instance, in Colombia, the Labor Code permits employers and workers to agree on unevenly
distributed working hours within the week, ranging from four to ten hours per day, as long as the
weekly limit of 48 hours is not exceeded. In some cases, the uneven distribution of working hours is
allowed as long as the daily limit of eight hours is respected. This means that the number of
working days in a week can be extended to achieve the average working hours.
The report notes that while most countries with explicit provisions on uneven distribution do have
daily limits, a few countries do not specify any daily limit. Additionally, in several countries, there
are only implicit provisions on uneven distribution, where the legislation establishes optional
weekly or daily limits or a minimum period of daily rest. In such cases, daily working hours could
potentially be extended up to 12 or 13 hours, depending on the duration of the daily rest period.
The report further discusses the possibility of averaging working hours over periods longer than a
week. This practice is allowed in Conventions Nos 1 and 30 and Recommendation No. 116. The
circumstances justifying such averaging, the reference period for averaging, and the daily and
weekly limits to be respected are examined.
The report highlights that the legislation in the majority of countries provides for the possibility of
averaging working hours over a period longer than a week. Some countries, particularly in Europe,
have established averaging over longer periods as the primary working-time arrangement. For
example, Denmark and the United Kingdom have regulations specifying the maximum average
working time over a reference period.
The report observes that in most reporting countries, the uneven distribution of working hours over
a period longer than a week is allowed without specific restrictions. However, in some countries,
legislation specifies the circumstances under which such uneven distribution is permitted, often
based on the conditions of production or the nature of the work. There are also cases where specific
sectors, activities, or worker categories are allowed to implement hours averaging schemes.
Overall, the report provides a comprehensive overview of the limits and regulations regarding the
distribution of working hours over the week, including both daily and weekly limits, as well as the
possibility of averaging working hours over longer periods.

In the context of hours of work, different countries have varying reference periods for calculating
working hours. Some countries use calendar periods such as months or quarters, while others use
one year or 52 weeks as the reference period. In some cases, collective agreements can extend the
reference period beyond what is established by legislation.

For example, in the Czech Republic, the statutory reference period of 26 weeks can be extended to
52 weeks through a collective agreement. Similarly, in Poland, the reference period set by the
Labour Code is two months, but it can be increased up to 12 months through a collective agreement.
In Turkey, the reference period is two months, but it can be extended to four months through a
collective agreement. In France, collective agreements can establish a reference period of up to
three years.
However, the Committee has expressed concerns about calculating hours of work as an average
over a reference period of up to one year. They argue that this approach allows for too many
exceptions to normal working hours and can result in highly variable working hours over long
periods, long working days, and the absence of compensation. Prolonged working days can have
negative effects on workers' health, work-life balance, and overall well-being.
Regarding daily and weekly limits in the case of averaging hours of work over periods longer than a
week, there is significant variation among countries. In some countries, no maximum number of
hours is specified for a day or a week in such cases. The Committee has emphasized the importance
of avoiding the extension of working days beyond reasonable limits when hours of work are
unevenly distributed over a period longer than a week.
Shift work also has specific considerations. Convention No. 1 allows for the averaging of hours of
work in the case of shift work, with the condition that the average number of hours over a period of
three weeks does not exceed eight hours per day and 48 hours per week. The reference period for
shift work varies across countries, ranging from three weeks to one year. The number of hours that
can be worked as an average over a three-week period and the daily limits also differ between
countries.
Overall, the Committee encourages governments to ensure that, when devising flexible working
arrangements, reasonable limits are set for total and weekly working hours, in compliance with the
limits established in the relevant conventions.

The provided excerpt discusses the topic of shift work in continuous processes and the reduction of
hours of work. Here are the key points:

1. Convention No. 1 states that in processes that require continuous operation through shifts,
the limit of hours of work prescribed in Article 2 can be exceeded, as long as the average
working hours per week do not exceed fifty-six.
2. Recommendation No. 116 also addresses hours averaging arrangements for shift work in
continuous processes, suggesting that working hours should not exceed the normal hours of
work fixed for the specific economic activity.
3. National legislation varies in its provisions for shift work in continuous processes. Some
countries permit averaging without restrictions, while others have specific limits and
regulations.
4. The definition of continuous processes is often not explicitly defined in national legislation,
and it refers to the terms set in the international conventions.
5. Different countries have different limits and reference periods for hours averaging in shift
work. The reference period can range from one week to as long as 16 weeks or more.
6. Reduction of hours of work to 40 hours or less is implemented in various countries through
legislative measures applicable to all workers.
7. Some countries have legislation that establishes a 40-hour working week as the maximum,
with exceptions for specific occupations or categories of workers based on health and safety
concerns, age, or disabilities.
8. Legislation in some countries ensures that employees receive the same wages and
entitlements for reduced hours of work as for full-time hours.
9. Collective agreements are often used as the main instrument for the reduction of hours of
work in some countries.
 10. Examples of countries mentioned in the excerpt include the Republic of Korea, New
Zealand, South Africa, Bosnia and Herzegovina, Croatia, Serbia, Italy, and Greece.

Please note that the provided information is a summary of the excerpt and may not cover all the
details.

გამინაკლისები
4.34 – 46.
5.47 – 55.

ზეგანაკვეთური
6.55 – 58.

შესვენება
7.58 – 64.

დასკვნა:
8.64 – 67.

საშუალოდ:

ყოველკვირეული დასვენება:
1.67 – 79.
2.79 – 101
დასკვნა: 3.101 – 103.

წლიური ანაზღაურებადი არდადეგები:

1.103 – 139.

ღამის სამუშაოთ
4.139 – 162.

დეტალურად:

სამუშაო დროის მოწყობის სისტემები

1.239 – 252
2.252 – 263.

წარმოშობილი პრობლემები:
3.263 – 275.

ძალიან ზოგადად:

კოლექტიური მოლაპარაკებები
1.275 – 289.
მიღებული ზომები
2.289 – 317.

გამოყენებული ინსტრუმენტების პოტენციალი

3.317 – 325.

დასკვნა:
4.325 – 331.

სამუშაო დრო თანამედროვე შრომის სამართალში.

enshrined in the Treaty of Versailles of 1919 and in the Declaration of Philadelphia of 1944, that
labour is not a commodity and should not be regarded merely as an article of commerce pg 2.

4. Working time, perhaps second only to wages, is the working condition that has the most direct
impact on the day-to-day lives of worker pg 2. The International Trade Union Confederation
(ITUC) emphasizes the importance of regulating working hours in order to ensure that the hours
worked are safe and productive. Pg 2.

This includes: the efficient use of machinery and other means of production; the availability of
worker expertise when markets and customers so require; the achievement of production targets
with the existing workforce in cases where there is a scarcity of skilled workers; and the
minimization of labour costs. Says this The International Organisation of Employers (IOE) pg2.

სამი ძირითადი კომპონენტის მნ-ბა იქვე

იქვე: 4 which has consequences for the organization of work and production with the
development, among others, of a “24/7” society. პრობლემა – დღეში 24 საათი კვირაში
შვიდი დღე.

იქვე: თანამედროვე ტექნოლოგიის პირობებში ონ დემანდ ხდება ყველაფერი

იქვე ქალევბი მუშაობენ უფრო ცტა ხნის განმავლობაშ სახლის საქმეების

გამო.

ინდუსტრიალიზაციის დროს 14 – 16 საათი სულაც არ იყო იშვიათი (ILO: Hours of

work, General Survey on the reports concerning the Hours of Work (Industry) Convention, 1919
(No. 1), the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), and the Forty-
Hour Week Convention, 1935 (No. 47), and the Reduction of Hours of Work Recommendation,
1962 (No. 116), ILC, Report III (Part III), 51st Session, Geneva, 1967, para. 2. )

მე-2 საკითხი

გვ 11 საშუალო სამუშაო დრო მსოფლიოში 43.1 საათი კვირაში (კაცები მიახლ.

45 ქალები 40)
იქვე 48 საათზე მეტი მუშაობა ჯან. რისკები: 31. Long hours of work are defined as usual
hours of more than 48 a week, as recommended by the Tripartite Meeting of Experts on the
Measurement of Decent Work. 8 Working more than 48 hours a week regularly is associated with a
range of safety and 8 ILO: Measurement of decent work, Discussion paper for the Tripartite
Meeting of Experts on the Measurement of Decent Work, 2008, p. 8. 43.3 40.9 38.7 45.8 46.3 42.9
46.6 36.4 38.7 42.1 43.1 0 10 20 30 40 50 60 Africa Latin America and the Caribbean North
America Arab States Eastern Asia South-East Asia and the Pacific Southern Asia Northern, southern
and Western Europe Eastern Europe Central and western Asia World Average weekky hours Total
Men Women 0 500 1 000 1 500 2 000 2 500 ILC.107/III(B) 11 Ensuring decent working time for
the future health risks, as well as increased work–family interference. As shown in figure 1.3,
workers in southern and eastern Asia (54.5 and 44.9 per cent, respectively) are the most likely to
work such long hours, followed by those in the Arab States (43.6 per cent). In contrast, workers in
Eastern Europe and in northern, southern and Western Europe, as well as in North America, have
the lowest percentage of long hours of work (5 and 16 per cent, respectively). While men spend
relatively longer hours in paid work than women workers in general, the percentages of hours of
work are similar for men and women workers in eastern Asia, the Arab States, South-East Asia and
the Pacific and Eastern Europe.

Article 11(b) of Convention No. 30 სამუშაო დროში არ შედის დასვენების დრო რა

პერიოდის განმავლობაშიც დასაქმებული არ არის დამსაქმებლის
განკარგულებაში.

სახ. სადაც შესვენება შედის სამუშაო დროშ 16 For example, among countries that have
ratified one or both Conventions: Cuba, Equatorial Guinea, Ghana, Iraq, Mexico, Portugal and
Spain; among countries that have not ratified either Convention: Antigua and Barbuda, Benin,
Croatia, Gabon, Iceland, Montenegro, New Zealand, Oman, Serbia, Slovenia and Sudan.

Federal Labour Court, 12 Nov. 2013, 1 ABR 59/12 გერმანიაში სამუშაო უნიფორმის
ჩაჩმა-გახდა არის სამუშო დრო, ბრაზილიაში კი მხოლოდ იმ შემთვევაში
მიიჩნევა, თუ სავალდებულოა (Section 4(2) of Law No. 13.467 of 13 July 2017 which
revises the Consolidated Labour Laws ) pg.15.

Workers – National Trade Unions (CGTP–IN) indicates that, when employees are on call, they are
not free to use their time and that this period should therefore be considered as working time.

application, foreseen in Article 1(2)(b) of Convention No. 30, of hospitals, hotels, restaurants,
theatres and places of public amusement is also reflected in the legislation in a few countries. 35 For
example, in the Netherlands, performing artists are excluded from the application of the provisions
on working time. 36 In other cases, categories of workers who are covered by Convention No. 30
are excluded by national provisions on working time. For example, educational and training
institutions are excluded in a number of countries. 37 ამ მუხლის მიხედვით
გამონაკლისები შეიძლება დაწესდეს.36 Section 2(1) of the Working Hours Decree. 37
For example, Bangladesh (section 1(4) of the Labour Act), Estonia (section 43(6) of the
Employment Contracts Act), Sri Lanka (Regulation 37C of the Shop and Office Employees Act),
Switzerland (section 3 of the Labour Act) and the former Yugoslav Republic of Macedonia (section
125(2) of the Law on Labour Relations).

გვ.18.
ბოლო დროის საკანონმდებლო რეგულაციები და კოლექტიური
ხელშეკრულებები სხვადასხვა სახელმწიფოებში ფოკუსირდებიან ნულ -
საათიან ხელშეკრულებებსა და სამუშაოებზე დამსაქმებლის მოთხოვნით
(იგივე, სამუშაოს დრო, რომლის განმავლობაშიც დასაქმებული დამსაქმებლის
განკარგულებაშია, არნიშნული მოწესრიგება მიჩნეულია სამუშაო დროის
განსაზღვრის ხერხად სშო-ს 30-ე კონვენციაში (საერთ. სტანდარტები 194 - 195)),
თუმცა კი სამუშაო დროის ასეთი გადანაწილება არ არის სრულიად ახალი, მე-
19 საუკუნის პორტის მომუშავეები უკვე მუშაობდნენ «ნითითების გაცემის
შესაბამისად». საგულისხმოა ასევე საინფორმაციო და კომუნიკაციური
ტექნოლოგიების განვითარებაც, რამაც ცალსახად იქონია მნიშმნელოვანი
გავლენა არა მხოლოდ სამუშაოს ორგანიზებაზე, არამედ სამუშაო დოის
მოწყობასა და ხანგრძლივობაზეც. სამუშაო დროის ორგანიზებაზე გავლენა
იქონია ასევე წ. პლატფორმულმა ეკონომიკის განვითარებამ (იგივე, ელ.
ეკონომიკა, იგივე გიგ-ეკონომიკა (263)). ასეთ პირობებში კი ხშირია სამუშაო
დროსა და დასხვენების დროს შორის ხაზის გავლება, წარმოიშვება ე.წ.
გამოერთების, გამოთიოშვის უფლება (იქვე).

The development of the platform economy (or the so-called “gig” economy) and on-demand work
also has consequences for the organization of working tim 263.

They have contributed to the development of telework and the blurring of boundaries between
working time and rest periods, leading to increasingly pressing calls for a “right to disconnect”
იქვე.

195