Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Bahamas (Ratification: 1976)

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the indications in the Government’s report to the effect that, with regard to weekly rest, the Minister of Labour has not yet adopted any regulations pursuant to section 3(2) of the Employment Act, 2001, which allows to exclude, after consultation with representative employers’ and workers’ organizations, certain categories of persons or jobs from the provisions of this Act, or to make it applicable to them with certain modifications. The Committee requests the Government to send copies of any regulations that may be adopted pursuant to this provision of the Employment Act.

Article 2, paragraphs 2 and 3. Weekly rest day. The Committee notes that section 9 of the Employment Act, provides for a weekly rest period of 48 hours, including at least 24 consecutive hours. It also notes that this Act does not contain any provisions concerning the days of the week in which this rest is normally granted to workers. The Committee also notes the Government’s statement to the effect that any amendments to section 9 of the Employment Act do not appear necessary at this stage. In this regard, the Committee draws the Government’s attention to the provisions of Article 2, paragraphs 2 and 3, of the Convention, according to which the weekly rest period must, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. The Committee requests the Government to supply information on the possible existence of customary practices with regard to the granting of weekly rest on a specific day, for example Sunday. The Government is also requested to keep the Office informed of any measure it might be contemplating in order to determine the days during which weekly rest must, in principle, be granted to employees.

Article 4. Exceptions. The Committee requests the Government to indicate whether exceptions may be authorized to the rules on weekly rest, for example by moving the rest day to a day other than the one agreed between the employer and worker, or in the form of rest postponed for a number of weeks. If so, the Government is requested to supply information on the compensation provided for the workers concerned.

Part V of the report form. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services and, if possible, detailed information on the number of workers covered by the legislation, the number and nature of contraventions reported and the measures taken in response.

Finally, the Committee notes that the Government requested the opinion of the Office on the proposed amendments to the Employment Act, submitted by the employers’ and workers’ organizations represented in TRIFOR, the tripartite forum created in 2000 and revived in 2007 after a long period of inactivity. It requests the Government to keep the Office informed of any progress made in discussions held between the social partners with regard to these proposals, and of any proposed amendments to the provisions of the Employment Act with regard to weekly rest which might be submitted to Parliament.

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.