Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Weekly Rest (Industry) Convention, 1921 (No. 14) - British Virgin Islands

Articles 2 and 4 of the Convention. Weekly rest day – total or partial exceptions. The Committee notes the adoption of the new Labour Code, 2010, in particular section 47(1) which provides that, unless otherwise provided by collective agreement, every employer must permit each of his or her employees to enjoy in every period of seven consecutive days a period of rest comprising at least 24 consecutive hours. It also notes section 47(3) of the Labour Code, which provides that the Minister may, after considering the recommendations of a tripartite advisory committee, vary the normal weekly rest scheme and issue an Order to that effect. The Committee further notes section 49(1) of the Labour Code, which provides that any hours of work performed at the employer’s request on a rest day must be remunerated at least one and a half times the regular rate. The Committee requests the Government to specify how it is ensured under the new Labour Code that the weekly rest period, wherever possible, is granted simultaneously to the whole of the staff of each undertaking and coincides with the day already established by tradition or custom, as prescribed by Article 2 of the Convention. It also requests the Government to indicate how it is ensured that workers performing work on the weekly rest day are granted, as far as possible, compensatory periods of rest independently of any cash compensation, as required under Article 4 of the Convention. Finally, the Committee requests the Government to: (i) clarify whether any ministerial order has so far been issued under section 47(3) of the Labour Code and, if so, to transmit a copy; and (ii) forward copies of any collective agreements containing detailed clauses on weekly rest.

Article 7. Notices and rosters. While noting that section 45 of the Labour Code, which requires employers to inform their employees within ten days of engagement about the regular hours of work and rest periods, the Committee notes that there is no specific provision requiring the posting of notices at the workplace or the drawing up of rosters in order to make known the weekly rest scheme applicable to the staff of an industrial undertaking. Recalling that Article 7 of the Convention aims not only to keep workers informed of the weekly rest conditions applicable to them, but also to ensure the effective implementation and enforcement of such conditions, the Committee requests the Government to indicate the manner in which effect is given to this requirement of the Convention.