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

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

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comment in which it noted that the Sunday (Observance) Regulations 2000 and the Lord’s Day (Observance) (Amendment) Ordinance 2000 have significantly relaxed the principle of Sunday rest as the customary weekly rest day and they do not provide for compensatory rest for those workers performing work on Sunday. In its reply, the Government indicates, that due to the dissolution of the Legislative Council in April 2013, the Government had not yet had the opportunity to consider whether secondary legislation should be proposed to ensure that exceptions to the general weekly rest scheme are authorized only under the limited conditions set out in the Convention and that, in case of such authorized exceptions, compensatory rest is granted, as far as possible, irrespective of any monetary compensation. While noting the Government’s explanations, the Committee requests the Government to re-examine the conditions under which Sunday work may be authorized under the Employment Rights Ordinance, 2010, and the relevant regulations to bring them into closer conformity with the requirements of the Convention.