Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 2(2) and (3) of the Convention. Weekly rest day. The Committee notes the Government’s reaffirmation in its report that most workers are afforded two days off per week. It notes the Government’s indication that the legislation does not define the customary day for weekly rest, which is generally determined in agreement between the employer and the worker and that there have been no major disputes regarding this issue. The Committee, however, recalls that, in accordance with the Convention, days of weekly rest shall, whenever 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. As the Committee emphasized in its General Survey of 1964 on weekly rest (paragraph 97), weekly rest is a social necessity and, if taken simultaneously, enables workers to enjoy their leisure hours together. Numerous abuses are possible if the parties to an individual employment contract are entirely free to determine when the weekly rest shall be taken. The Committee once again requests the Government to indicate whether measures have been adopted or are envisaged to determine the days during which weekly rest shall normally be taken under section 9 of the Employment Act.

Articles 4 and 5. Exceptions. The Committee notes the Government’s indications that exceptions to the normal arrangements for weekly rest seldom occur and that, in such cases, adjustments are agreed bilaterally between the employer and the worker concerned or their respective representatives. It, however, draws the Government’s attention to the importance of providing in law that exceptions to the provisions normally applicable in respect of weekly rest may only be established having special regard to all proper humanitarian and economic considerations and after consultation with employers’ and workers’ organizations. Furthermore, national laws and regulations shall, as far as possible, make provision for compensatory periods of rest for the workers to whom such exceptions apply. With a view to avoiding abuse, the establishment of such measures cannot be left to the good will of the parties to the employment contract. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to take into account social considerations, and not only economic considerations, when establishing exceptions to the normal system of weekly rest and for the provision of a compensatory period of rest for the workers concerned.

Part V of the report form. Application in practice. The Committee notes that, according to the Government’s report, around 150,000 workers are covered by the legislation giving effect to the Convention, that there is widespread compliance with the legislation by employers and that most industrial agreements include such provisions as an added measure in relation to the minimum statutory requirements. The Committee requests the Government to provide extracts from the reports of the labour inspection services indicating the findings of inspections into the implementation of the national legislation respecting the weekly rest period and, where possible, data on the number of violations identified and the measures adopted to resolve them. The Government is also requested to provide copies of collective agreements establishing conditions that are more favourable than the statutory minimum requirements in relation to the weekly rest period. The Committee further requests the Government to provide the Office with any relevant information concerning the possible amendment of the provisions of the Employment Act respecting the weekly rest period.

Finally, the Committee notes the Government’s indication that it undertakes to give serious consideration to the issue of the ratification of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106). It would be grateful if the Government would keep the Office informed of any developments in this respect.