Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Sint Maarten

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Previous comment on Convention No. 106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (Weekly rest (industry)), and 106 (Weekly rest (commerce and office)) together.

Article 5 of Convention No. 14 and Article 8 (3) of Convention No. 106. Compensatory rest. The Committee notes that the Governments’ report does not contain any information in reply to its previous comments regarding section 15(6) of the Labour Regulations 2000, which prescribes that, by written agreement, it can be agreed that the compensation for overtime (including work during the weekly rest period) takes place wholly or partly as paid leave. The Committee recalls that Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106 require workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that a compensatory rest of at least 24 hours irrespective of any monetary compensation is granted to workers who are exceptionally requested to work on their weekly rest day, as required by these articles of the Conventions.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 7 and 8 of the Convention. Permanent or temporary exceptions – Compensatory rest. The Committee notes that as from October 2010, Sint Maarten has become an autonomous country within the Kingdom of the Netherlands and that consequently the labour legislation of the former Netherlands Antilles was taken over and consolidated. The Committee also notes that the Convention is applied through the Labour Regulations 2000 which replaced the Labour Regulations 1952 that previously gave effect to the Convention. In this connection, the Committee notes that under section 15(2) of the Labour Regulations 2000, employees who work during their weekly rest period are entitled to overtime pay calculated at double the regular wage but no provision is made for compensatory rest, as required under these Articles of the Convention. The Committee further notes that under sections 17 and 24 of the Labour Regulations, the Director of the Department of Labour may authorize derogations in the normal weekly rest scheme without however specifying the circumstances under which such authorizations may be granted. Moreover, the Committee notes that section 27 of the Labour Regulations permits different rules on weekly rest to be established by decree in respect of a particular industry. The Committee wishes to recall that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis, with regard being paid to all proper social and economic considerations and only after consultation with the representative employers’ and workers’ organizations concerned. The Committee further recalls that employees who may be required to perform work during their weekly rest day, either regularly or temporarily, must receive compensatory rest of a total duration of at least 24 hours (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well being. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest scheme applicable to commercial enterprises and offices covered by this Convention in a manner that gives full effect to the requirements of these Articles of the Convention. The Committee also requests the Government to provide copies of any collective agreements containing clauses on weekly rest.

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Articles 7 and 8 of the Convention. Permanent or temporary exceptions – Compensatory rest. The Committee notes that as from October 2010, Sint Maarten has become an autonomous country within the Kingdom of the Netherlands and that consequently the labour legislation of the former Netherlands Antilles was taken over and consolidated. The Committee also notes that the Convention is applied through the Labour Regulations 2000 which replaced the Labour Regulations 1952 that previously gave effect to the Convention. In this connection, the Committee notes that under section 15(2) of the Labour Regulations 2000, employees who work during their weekly rest period are entitled to overtime pay calculated at double the regular wage but no provision is made for compensatory rest, as required under these Articles of the Convention. The Committee further notes that under sections 17 and 24 of the Labour Regulations, the Director of the Department of Labour may authorize derogations in the normal weekly rest scheme without however specifying the circumstances under which such authorizations may be granted. Moreover, the Committee notes that section 27 of the Labour Regulations permits different rules on weekly rest to be established by decree in respect of a particular industry. The Committee wishes to recall that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis, with regard being paid to all proper social and economic considerations and only after consultation with the representative employers’ and workers’ organizations concerned. The Committee further recalls that employees who may be required to perform work during their weekly rest day, either regularly or temporarily, must receive compensatory rest of a total duration of at least 24 hours (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well being. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest scheme applicable to commercial enterprises and offices covered by this Convention in a manner that gives full effect to the requirements of these Articles of the Convention. The Committee also requests the Government to provide copies of any collective agreements containing clauses on weekly rest.