4.2 Daily limits of working hours Legal Review According to the ILO Conventions No. 1 and No. 30 on hours of work, a person’s working hours should be limited to eight hours in the day. According to the CEACR,“the Conventions set a double limit – daily and weekly – on hours of work and that this limit is cumulative, not alternative.”“In many countries where the legislation sets a weekly limit on normal hours of work, daily limits are also set.” 92 . Thus, according to international standards, setting weekly limit on normal hours of work should also be accompanied by daily limits. After observing and evaluating different approaches in different countries on statutory limits for normal hours of work, the CEACR positively assesses “the fact that the legislation in most reporting countries establishes statutory limits on normal weekly and/or daily hours of work and that these limits are, in a majority of cases, in conformity with those provided for in the Conventions. However, the Committee also observes that in certain cases only daily or weekly limits are fixed, or that there is no limit at all to normal hours of work”. 93 In this regard, the CEACR emphasizes the importance of the eight-hour day as a legal standard for hours of work in order to provide protection against undue fatigue and associated risk concerning occupational safety and health, as well as to ensure reasonable leisure and opportunities for recreation and social life for workers. The CEACR has clearly considered that when fixing limits to working hours, governments should also take into consideration the health and safety of the workers and the importance of a work–life balance. 94 The Labour Code is silent on the maximum hours per working day. It should be noted that the daily limit of working hours(twelve hours – 11 hours of work and one hour of break) is derived from the regulation of a) the minimum daily rest periods- the length of rest time between the working days shall not be less than twelve consecutive hours; and b) the minimum statutory requirement for the rest break during the working day- where the working day is longer than 6 hours, an employee shall be entitled to a break(at least 60 minutes). To ensure clarity of the law, as well as conformity with international standards, the maximum hours of work should be specifically legislated. In the context of daily and weekly limits on normal working hours, the issue related to the distribution of normal hours of work should be also addressed. As already noted, the Labour Code sets a maximum limit of weekly working hours. However, there can be situations where working time arrangement requires the distribution of working hours within a 92. General Survey concerning working-time instruments,“Ensuring decent working time for the future”, 2018, paragraphs 45-46. 93. Ibid, paragraph 49. 94. Ibid, 52
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