Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Caribbean Part of the Netherlands

Articles 2 and 5 of the Convention. Scope of application. The Committee notes the Government’s statement that with respect to Bonaire, St Eustatius and Saba – which as from October 2010 have become the Caribbean Part of the Kingdom of the Netherlands – the Convention is applied through the Labour Act (Arbeidswet) 2000 BES, as last amended in 2010. In this connection, the Committee notes that section 1(2) of the Arbeidswet 2000 BES excludes from its coverage persons working in hospitals or care facilities and small traders. The Committee requests the Government to indicate how the entitlement to weekly rest is regulated for those categories of workers who are currently excluded from the scope of the relevant legislation.

Articles 7 and 8. Permanent or temporary exceptions – Compensatory rest. The Committee notes that, under section 9(4) of the Arbeidswet 2000 BES, employees who work during their rest periods are entitled to overtime pay and that under section 15, the overtime provided in compensation for working during the weekly rest period is at least 50 per cent of the regular hourly wage rate. The Committee recalls, in this respect, that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (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.