Weekly Rest (Industry) Convention, 1921 (No. 14) - Dominica (RATIFICATION: 1983)

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The Committee notes with deep concern that the Government’s report, due since 2013, has not been received. In light of its urgent appeals launched to the Government in 2019 and 2020, the Committee proceeds with the examination of the application of this Convention on the basis of the information at its disposal.

Following its examination of the information at its disposal, the Committee notes that it is still missing important information on measures giving effect to Articles 4 and 5 of the Convention. The Committee is therefore bound to repeat its previous comments with regard to those Articles.

Articles 4 and 5 of the Convention. While recalling that in an earlier report the Government had indicated that the exceptions provided for in this Article do not exist in principle, the Committee wishes to observe that under modern conditions there is often a real need to keep certain establishments in operation on the day of weekly rest by reason of the nature of their activities (such as hospitals, continuous processes), or in exceptional cases (for example, major accidents, force majeure or urgent repair work). It therefore requests the Government to specify how effect is given to these Articles of the Convention, including the requirement to grant, as far as possible, compensatory rest to those performing work on their weekly rest day.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Scope of application. In the absence of a Government’s reply on this point, the Committee is obliged to reiterate its request for appropriate action with a view to amending section 9 of the Labour Standards Act, 1977 and extending the rules on weekly rest to managerial employees in conformity and within the limits prescribed by the Convention. The Committee draws once again the Government’s attention to the fact that the Convention does not permit the exclusion of persons holding high managerial positions or persons in confidential and supervisory positions on the understanding that a minimum period of rest and leisure every week is a legitimate interest and an absolute prerequisite for the protection of health and welfare of every employed person, irrespective of the level of his/her responsibilities or tasks.

Articles 4 and 5. Total or partial exceptions. While recalling that in an earlier report the Government had indicated that the exceptions provided for in this Article do not exist in principle, the Committee wishes to observe that under modern conditions there is often a real need to keep certain establishments in operation on the day of weekly rest by reason of the nature of their activities (such as hospitals, continuous processes), or in exceptional cases (for example, major accidents, force majeure or urgent repair work). It therefore requests the Government to specify how effect is given to these Articles of the Convention, including the requirement to grant, as far as possible, compensatory rest to those performing work on their weekly rest day.

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Article 2, paragraph 1, of the Convention. Scope of application. In the absence of a Government’s reply on this point, the Committee is obliged to reiterate its request for appropriate action with a view to amending section 9 of the Labour Standards Act, 1977 and extending the rules on weekly rest to managerial employees in conformity and within the limits prescribed by the Convention. The Committee draws once again the Government’s attention to the fact that the Convention does not permit the exclusion of persons holding high managerial positions or persons in confidential and supervisory positions on the understanding that a minimum period of rest and leisure every week is a legitimate interest and an absolute prerequisite for the protection of health and welfare of every employed person, irrespective of the level of his/her responsibilities or tasks.

Articles 4 and 5. Total or partial exceptions. While recalling that in an earlier report the Government had indicated that the exceptions provided for in this Article do not exist in principle, the Committee wishes to observe that under modern conditions there is often a real need to keep certain establishments in operation on the day of weekly rest by reason of the nature of their activities (such as hospitals, continuous processes), or in exceptional cases (for example, major accidents, force majeure or urgent repair work). It therefore requests the Government to specify how effect is given to these Articles of the Convention, including the requirement to grant, as far as possible, compensatory rest to those performing work on their weekly rest day.

Part V of the report form. Application in practice. The Committee notes that, since the ratification of the Convention, the Government has not provided any general information on the manner in which the Convention is applied in practice. The Committee therefore requests the Government to communicate all available information in this regard, including for instance information on the number of workers covered by relevant legislation, inspection results showing the number of infringements of the weekly rest legislation observed and the sanctions imposed, as well as any other particulars which would enable the Committee to better monitor the application of the Convention in law and practice.

Finally, the Committee takes anew the opportunity to invite the Government to contemplate ratifying the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), and to keep the Office informed of any decisions taken or envisaged in the respect. The ratification of Convention No. 106 would appear to be all the more appropriate as the weekly rest legislation in Dominica is of general application covering both industry and commerce.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that the Government confirms that the provisions of the Labour Standards Act, 1977, on weekly rest do not apply to managerial employees, although it indicates that the contract of employment of every employee must specify the hours of work. It further notes that it has been accepted as customary practice that employees work six days a week. In this respect, the Committee wishes to emphasize the importance of the weekly rest in protecting the health of workers and accordingly their safety and that of third parties. It hopes that the Government will soon be in a position to amend the Labour Standards Act, 1977, so as to extend the rules on weekly rest to managerial employees, in conformity and within the limits prescribed by the Convention.

Part V of the report form. The Committee notes that the Government is not currently in a position to provide statistical data on the results of the activities of the inspection services. It requests the Government to provide, at the earliest possible opportunity, a general appreciation of the application of the Convention in practice, including information on contraventions reported to the legislation on weekly rest and the penalties imposed in this respect.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, in reply to its previous comment, the Government confirms that the provisions of the Labour Standards Act, 1977, on weekly rest do not apply to managerial employees, although it indicates that the contract of employment of every employee must specify the hours of work. It further notes that, according to the indications contained in the Government’s report, it has been accepted as customary practice that employees work six days a week. In this respect, the Committee wishes to emphasize the importance of the weekly rest in protecting the health of workers and accordingly their safety and that of third parties. It hopes that the Government will soon be in a position to amend the Labour Standards Act, 1977, so as to extend the rules on weekly rest to managerial employees, in conformity and within the limits prescribed by the Convention.

Part V of the report form. The Committee notes that the Government is not currently in a position to provide statistical data on the results of the activities of the inspection services. It requests the Government to provide, at the earliest possible opportunity, a general appreciation of the application of the Convention in practice, including information on contraventions reported to the legislation on weekly rest and the penalties imposed in this respect.

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Article 2 of the Convention. Scope of application. The Committee notes that, pursuant to section 9 of the Labour Standards Act, 1977, the provisions of the same Act on weekly rest do not apply to a number of high-ranking employees, principally managerial staff and persons holding responsible positions in financial or business policy matters. The Committee draws the Government’s attention to the fact that Article 2 of the Convention establishes the right to weekly rest for "the whole of the staff employed in any industrial undertaking, public or private, or in any branch thereof". Article 4 of the Convention allows for total or partial exceptions (including suspensions or diminutions) to this rule, provided that special regard is paid to all proper humanitarian and economic considerations and that representative organizations of employers and workers are properly consulted. The Committee requests the Government to indicate in which manner these conditions have been fulfilled.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number of workers covered by the relevant legislation, as well as the number and nature of the contraventions reported.