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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry) and 106 (weekly rest in commerce and offices) together.

Article 1 of Convention No. 14 and Article 2 of Convention No. 106. Scope of application. In its previous comment, the Committee had noted that the Labour Ordinance of 2013 (section 3.1) does not apply to workers earning more than twice the gross monthly minimum wage and had recalled that the Conventions apply to all workers irrespective of their level of earnings. The Committee notes that the Government’s report remains silent on this point. The Committee requests the Government to indicate in which manner it ensures that the provisions of the Conventions are given full effect regarding workers excluded from the Labour Ordinance of 2013 based on their level of earnings.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. The Committee notes that under section 16(2)(b) of the Labour Ordinance, workers who perform overtime work on their weekly rest day shall receive an overtime bonus of at least 50 percent of the applying hourly wage. It also notes that, under section 16(4) of the Labour Ordinance, by written agreement between the worker and the employer, the work during the weekly rest day shall be compensated either financially or in time off. The Committee recalls that Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106 require workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation. The Committee therefore requests the Government to take the necessary measures to ensure that compensatory rest is granted to workers who are required to work on their weekly rest day and to provide information on any progress made in this respect.

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

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee requests the Government to refer to the comments made under Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 4 and 5 of the Convention. Total or partial exceptions. Weekly rest period. The Committee requests the Government to refer to its comments made under Article 7(2) and Article 8(3), of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided with the Government’s report in reply to its previous comments. It further takes note of the Labour Ordinance of 1990 and Labour Decrees I (1990, No. GT 58), II (1990, No. GT 59) and III (1990, No. GT 14) implementing section 20 of the Ordinance by allowing exceptions from its working and rest time regulations. The Committee asks the Government to provide further information in its next report on the following points.

Articles 4 and 5 of the Convention. The Committee notes that, according to section 2(1)(d) of Decree I of 1990, the competent authority, after consultation with the tripartite Advisory Committee (section 21 of the Ordinance), may grant permission for the performance of work on a weekly rest day in cases where such work needs to be carried out regularly during rest periods. It further notes that section 10(2) of the Ordinance provides for compensation of work during Sunday rest, or of overtime, by time off, as far as possible. Section 6 of Decree I, however, restricts such compensation to cases where workers are not entitled to the monetary compensation provided for under sections 22 and 23 of the Ordinance. The Committee requests the Government to indicate the measures taken or envisaged to ensure in practice that workers falling under section 2(d) of Decree I are granted compensatory rest, as far as possible, and irrespective of any monetary compensation. Please also indicate any provisions made for compensatory rest in cases where the performance of work on a weekly rest day is authorized in virtue of section 2(1)(a) to (c) of Decree I, including work of managerial staff and staff of the higher income groups (section 1(a) to (c) of the Ordinance) and transport of passengers or goods by inland waterway (section 2(2)(c) of the Ordinance). Furthermore, please provide information on how compensatory rest is granted in practice to workers performing overtime on a weekly rest day in accordance with collective agreements, such as those supplied with the report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s report for the period ending 31 May 1997 and requests the Government to provide the detailed information requested in respect of the application of Articles 4, 5 and 6 of the Convention and, in particular, to communicate, as it has indicated it would do so, a list of the exceptions made in respect of work on the weekly rest under sections 7 and 10 of the Labour Ordinance of 1952.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes with interest the Government’s report for the period ending 31 May 1997 and requests the Government to provide the detailed information requested in respect of the application of Articles 4, 5 and 6 of the Convention and, in particular, to communicate, as it has indicated it would do so, a list of the exceptions made in respect of work on the weekly rest under sections 7 and 10 of the Labour Ordinance of 1952.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the Government's report for the period ending 31 May 1997 and requests the Government to provide the detailed information requested in respect of the application of Articles 4, 5 and 6 of the Convention and, in particular, to communicate, as it has indicated it would do so, a list of the exceptions made in respect of work on the weekly rest under sections 7 and 10 of the Labour Ordinance of 1952.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information provided by the Government in its report. The Government is requested to provide further information in its next report on the following point.

Articles 4, 5 and 6 of the Convention. The Committee notes that under section 7 of the Labour Ordinance of 1952 the competent authority may grant permission for the performance of work on the weekly rest day if special circumstances demand; and that under section 10 of the Ordinance exemptions from the provision on weekly rest may also be granted in special cases for particular types of work in particular enterprises to be determined by the competent authority. It also notes that under the collective agreement of 1990 for the Aruba Refinery Rehabilitation Company work up to 60 hours a week, including overtime which may be on Sundays, is permitted. The Government is requested in future reports to indicate any other instances in which special permission has been granted to work on the weekly rest day under sections 7 or 10; and to provide a list of the enterprises which may be subject to the exemptions provided for under section 10. Please also indicate any provisions made in practice under section 10(2) for compensatory rest periods.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information provided by the Government in its report. The Government is requested to provide further information in its next report on the following point.

Articles 4, 5 and 6 of the Convention. The Committee notes that under section 7 of the Labour Ordinance of 1952 the competent authority may grant permission for the performance of work on the weekly rest day if special circumstances demand; and that under section 10 of the Ordinance exemptions from the provision on weekly rest may also be granted in special cases for particular types of work in particular enterprises to be determined by the competent authority. It also notes that under the collective agreement of 1990 for the Aruba Refinery Rehabilitation Company work up to 60 hours a week, including overtime which may be on Sundays, is permitted. The Government is requested in future reports to indicate any other instances in which special permission has been granted to work on the weekly rest day under sections 7 or 10; and to provide a list of the enterprises which may be subject to the exemptions provided for under section 10. Please also indicate any provisions made in practice under section 10(2) for compensatory rest periods.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information provided by the Government in its report. The Government is requested to provide further information in its next report on the following point.

Articles 4, 5 and 6 of the Convention. The Committee notes that under section 7 of the Labour Ordinance of 1952 the competent authority may grant permission for the performance of work on the weekly rest day if special circumstances demand; and that under section 10 of the Ordinance exemptions from the provision on weekly rest may also be granted in special cases for particular types of work in particular enterprises to be determined by the competent authority. It also notes that under the collective agreement of 1990 for the Aruba Refinery Rehabilitation Company work up to 60 hours a week, including overtime which may be on Sundays, is permitted. The Government is requested in future reports to indicate any other instances in which special permission has been granted to work on the weekly rest day under sections 7 or 10; and to provide a list of the enterprises which may be subject to the exemptions provided for under section 10. Please also indicate any provisions made in practice under section 10(2) for compensatory rest periods.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided by the Government in its report. The Government is requested to provide further information in its next report on the following point.

Articles 4, 5 and 6 of the Convention. The Committee notes that under section 7 of the Labour Ordinance of 1952 the competent authority may grant permission for the performance of work on the weekly rest day if special circumstances demand; and that under section 10 of the Ordinance exemptions from the provision on weekly rest may also be granted in special cases for particular types of work in particular enterprises to be determined by the competent authority. It also notes that under the collective agreement of 1990 for the Aruba Refinery Rehabilitation Company work up to 60 hours a week, including overtime which may be on Sundays, is permitted. The Government is requested in future reports to indicate any other instances in which special permission has been granted to work on the weekly rest day under sections 7 or 10; and to provide a list of the enterprises which may be subject to the exemptions provided for under section 10. Please also indicate any provisions made in practice under section 10(2) for compensatory rest periods.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its comments under Convention No. 106.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

See Committee's comments under Convention No. 106, as follows:

The Committee takes note of the information of a very general nature contained in the report on the application of the Convention for the period 1986-88. It would be grateful if the Government would provide in its next report replies to the questions raised in the report form adopted by the Governing Body of the ILO and supply a copy of the Labour Ordinance of Aruba to which the Government refers in its report.