Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Aruba

The Committee notes the information provided with the Government’s report in reply to its previous comments. It further takes note of the Labour Ordinance of 1990 and Labour Decrees I (1990, No. GT 58), II (1990, No. GT 59) and III (1990, No. GT 14) implementing section 20 of the Ordinance by allowing exceptions from its working and rest time regulations. The Committee asks the Government to provide further information in its next report on the following points.

Articles 4 and 5 of the Convention. The Committee notes that, according to section 2(1)(d) of Decree I of 1990, the competent authority, after consultation with the tripartite Advisory Committee (section 21 of the Ordinance), may grant permission for the performance of work on a weekly rest day in cases where such work needs to be carried out regularly during rest periods. It further notes that section 10(2) of the Ordinance provides for compensation of work during Sunday rest, or of overtime, by time off, as far as possible. Section 6 of Decree I, however, restricts such compensation to cases where workers are not entitled to the monetary compensation provided for under sections 22 and 23 of the Ordinance. The Committee requests the Government to indicate the measures taken or envisaged to ensure in practice that workers falling under section 2(d) of Decree I are granted compensatory rest, as far as possible, and irrespective of any monetary compensation. Please also indicate any provisions made for compensatory rest in cases where the performance of work on a weekly rest day is authorized in virtue of section 2(1)(a) to (c) of Decree I, including work of managerial staff and staff of the higher income groups (section 1(a) to (c) of the Ordinance) and transport of passengers or goods by inland waterway (section 2(2)(c) of the Ordinance). Furthermore, please provide information on how compensatory rest is granted in practice to workers performing overtime on a weekly rest day in accordance with collective agreements, such as those supplied with the report.