Weekly Rest (Industry) Convention, 1921 (No. 14) - Grenada (Ratification: 1979)

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

Articles 4(1) and 5 of the Convention. Permanent and temporary exceptions – Compensatory rest. The Committee notes that the Government’s succinct reply merely refers to sections 37–40 of the Employment Act No. 14 of 1999. In this regard, the Committee wishes to recall that the Convention permits total or partial exceptions (including suspensions or diminutions) from the general weekly rest standard, in particular when the inherent need to keep certain establishments in operation on the day of rest or exceptional conditions would so require. It seeks to guarantee, however, that exceptions to the normal weekly rest are authorized on limited and well circumscribed grounds, and only after consultations with the representative employers’ and workers’ organizations concerned. The Committee understands that even though the Employment Act contains no express provision on total or partial exceptions from the provisions on weekly rest, work on a day of rest is, in principle, permitted on the condition that the employer and the worker have agreed, and cash compensation is paid at the overtime rate set out in section 42(2) of the Employment Act. In this case, the Convention requires that the rest period cannot be simply replaced by cash payment but it must be granted, as far as possible, regardless of any monetary compensation. The Committee therefore again requests the Government to explain how it is given effect to this requirement of the Convention in both law and practice. It would also appreciate if the Government would clarify whether and how the national legislation ensures that compensatory rest is provided, as far as possible, for work performed on a day of weekly rest, and this irrespective of any compensatory pay.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 4, paragraph 1, and 5 of the Convention. Permanent and temporary exceptions. The Committee notes the Government’s explanation that the Employment Act 1999 prohibits compulsory overtime work on Sundays or public holidays except on the basis of an agreement between the employer and the employee. It recalls, in this regard, that the Convention seeks to guarantee that total or partial exceptions to the normal weekly rest are authorized on as limited grounds as possible, and in any case only after due consideration having been given to all social and economic implications and needs. It therefore requests the Government to explain how it ensures that effect is given to this requirement of the Convention in both law and practice. It would also appreciate if the Government would clarify whether and how the national legislation ensures that compensatory rest is provided, as far as possible, for work performed on a day of weekly rest, and this irrespective of any compensatory pay.

Article 7. Posting of notices. The Committee notes the Government’s indication that in practice, employers maintain rosters on a weekly or monthly basis showing time worked and leave taken by workers engaged in shift work. It would appreciate receiving sample copies of such rosters. It also invites the Government to consider the possibility of giving legislative expression to the obligation to keep the workers informed of their weekly rest by means of notices or rosters, as required by this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide information concerning the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the nature and number of the violations of the weekly rest legislation and sanctions imposed, copies of collective agreements in force containing provisions on weekly rest, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee recalls its previous comments in which it noted that in most industrial establishments the Convention was applied by custom and therefore new legislation was needed to codify existing practice. In this connection, the Committee notes with interest the enactment of the Employment Act, 1999, section 38 of which lays down that no employer may require an employee to work for more than six consecutive days without a period of rest comprising at least 24 consecutive hours to be taken on a customary day of rest or on a day agreed upon between the parties.

Article 4, paragraph 1, and Article 5 of the Convention. The Committee understands that, even though the Employment Act contains no express provision on total or partial exceptions from the provisions on weekly rest, work on a day of rest is, in principle, permitted on the sole condition that the employer and the worker have so agreed and cash compensation is paid at the overtime rate set out in section 42(2) of the Act. The Committee wishes to recall, in this respect, that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. special attention to all proper humanitarian and economic considerations and prior consultation with responsible associations of employers and workers) and that, therefore, recourse to such exceptions must be limited to what is strictly necessary. The Committee would therefore appreciate receiving additional information on the conditions under which and the limits within which, exceptions to the weekly rest may be authorized with a view to protecting workers from any risk of abuse. In particular, the Committee would be grateful if the Government could clarify whether working on Sundays or other agreed rest days involves not only extra payment but also compensatory rest. The Committee recalls, in this respect, that, according to the terms of the Convention, the rest period cannot be replaced by the payment of compensation but must be granted, as far as possible, regardless of any such cash compensation.

Article 7. The Committee notes that there is no legislative provision to ensure that workers are kept duly informed of the days and hours of collective rest, for instance, by notices posted at the workplace, rosters or other suitable means. It therefore requests the Government to indicate how effect is given to the requirements of this Article of the Convention.

Part V of the report form. The Committee would be grateful if the Government would continue to supply general information on the application of the Convention in practice, including for instance statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of violations observed and sanctions imposed, full particulars on authorized total or partial exceptions, etc.

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

The Committee notes the Government's indication in its last report that although work on the draft Labour Code has been delayed, measures will be taken to extend existing regulations, including the Wages Regulation (Minor Industrial Undertakings) Order (SRO No. 16-1961), to all industrial undertakings. The Committee hopes that the draft legislation will soon be enacted in order to give full effect to the provisions of the Convention. It requests the Government to keep it informed of any progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

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 previous direct request, which read as follows:

With reference to its earlier comments, the Committee notes from the Government's report that in industrial establishments other than those covered by the Wages Regulation (Minor Industrial Undertakings) Order (SRO No. 16-1961), the Convention is applied by custom. It hopes that the draft legislation codifying existing practice, to which the Government refers, will be enacted in due course and requests the Government to keep it informed of any progress made in this respect.

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

With reference to its earlier comments, the Committee notes from the Government's report that in industrial establishments other than those covered by the Wages Regulation (Minor Industrial Undertakings) Order (SRO No. 16-1961), the Convention is applied by custom. It hopes that the draft legislation codifying existing practice, to which the Government refers, will shortly be enacted and requests the Government to keep it informed of any progress made in this respect.