Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Caribbean Part of the Netherlands

Articles 4(2) and (4), and 5(2) and (3) of the Convention. Working time of hotel and restaurant workers. The Committee notes the Government’s indication in its report 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 general legislation such as the Labour Act 2000 BES, as last amended in 2013, the Holidays Act 1949 BES, the Minimum Wage Act BES, the Health Insurance Act BES, the Accident Insurance Act BES, the Severance Pay Act BES, and other acts. It also notes that the Labour Decree for Hotels, Restaurants and Casinos 2000 BES regulates matters related to working hours, weekly and daily rest, and overtime specifically for workers employed at hotels, restaurants and casinos. The Committee requests the Government to provide additional information as to how night work is regulated as regards workers at hotels, restaurants and casinos, as section 2(1)(g) of the Labour Decree exempts these workers from the scope of application of the relevant provision (section 12) of the Labour Act without providing for conditions applicable to them. It also requests the Government to clarify whether the workers concerned may not be entitled to public holidays at all, in view of section 2(1)(c) of the Labour Decree, which provides that the workers concerned are not entitled to at least five public holidays per calendar year, notwithstanding section 9(2)(d) of the Labour Act. It further requests the Government to explain how annual leave with pay for these workers is regulated as neither the Labour Act or the Labour Decree appear to address this issue. Please also explain how it is ensured that, where possible, the workers concerned shall have sufficient advance notice of working schedules to enable them to organize their personal and family life accordingly.

Article 6. Tips. As the Labour Decree for hotels, restaurants and casinos 2000 BES does not appear to contain specific provisions, the Committee requests the Government to explain how it is ensured that, regardless of tips, the workers concerned receive a basic remuneration paid at regular intervals, as required under this Article of the Convention.