Weekly Rest (Industry) Convention, 1921 (No. 14) - Saint Lucia (Ratification: 1980)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 5 of the Convention. Uniformity of weekly rest day – Compensatory rest. The Committee notes that the Labour Act of 2006 was enacted in August 2012. It notes in particular, section 28(1) of the Labour Act which does not specify a generally applicable weekly rest day, as may be established by custom or tradition, but leaves it to the employer and the employee to fix that day between themselves. The Committee also notes the Government’s explanations that uniformity of the weekly rest period is generally practised in the major economic sectors, such as manufacturing, wholesale, agriculture, utility, financing and insurance services, and much less in other sectors such as hospitality and retail. The Government refers, in this respect, to four collective agreements concluded in the areas of manufacturing, services and financing, which establish Sunday, and in some cases also Saturday, as non-working days. Recalling that weekly rest is a social necessity and that, if taken simultaneously, enables workers to enjoy their leisure hours together, the Committee requests the Government to consider suitable steps in order to ensure that weekly rest is given, whenever possible, simultaneously to all the workers of each industrial undertaking, and that it coincides, whenever possible, with the customary weekly rest day. The Committee would also appreciate receiving sample copies of collective agreements in the industrial sector containing clauses on weekly rest.

In addition, the Committee notes that section 28 of the Labour Act does not make any provision for compensatory rest to be granted to workers when required to perform work on their weekly rest day. The Committee also notes that the four collective agreements which were annexed to the Government’s report provide exclusively for extra pay (normally at double the ordinary wage rate) in case work is performed on an employee’s day off. In its latest report, the Government indicates, however, that it is engaged in ongoing consultations with various stakeholders with a view to achieving consensus on how to adopt the practice of compensatory rest. The Committee accordingly requests the Government to keep the Office informed of any progress made in this respect.

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

Articles 2 and 5 of the Convention. Uniformity of weekly rest day – Compensatory rest. The Committee notes that the Labour Act of 2006 was enacted in August 2012. It notes in particular, section 28(1) of the Labour Act which does not specify a generally applicable weekly rest day, as may be established by custom or tradition, but leaves it to the employer and the employee to fix that day between themselves. The Committee also notes the Government’s explanations that uniformity of the weekly rest period is generally practised in the major economic sectors, such as manufacturing, wholesale, agriculture, utility, financing and insurance services, and much less in other sectors such as hospitality and retail. The Government refers, in this respect, to four collective agreements concluded in the areas of manufacturing, services and financing, which establish Sunday, and in some cases also Saturday, as non-working days. Recalling that weekly rest is a social necessity and that, if taken simultaneously, enables workers to enjoy their leisure hours together, the Committee requests the Government to consider suitable steps in order to ensure that weekly rest is given, whenever possible, simultaneously to all the workers of each industrial undertaking, and that it coincides, whenever possible, with the customary weekly rest day. The Committee would also appreciate receiving sample copies of collective agreements in the industrial sector containing clauses on weekly rest.

In addition, the Committee notes that section 28 of the Labour Act does not make any provision for compensatory rest to be granted to workers when required to perform work on their weekly rest day. The Committee also notes that the four collective agreements which were annexed to the Government’s report provide exclusively for extra pay (normally at double the ordinary wage rate) in case work is performed on an employee’s day off. In its latest report, the Government indicates, however, that it is engaged in ongoing consultations with various stakeholders with a view to achieving consensus on how to adopt the practice of compensatory rest. The Committee accordingly requests the Government to keep the Office informed of any progress made in this respect.

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

Article 2 of the Convention. Day of weekly rest. Further to its previous comment, the Committee notes the Government’s indication that the new Labour Code of 2006 has not yet come into force and that the document is presently with the Attorney-General’s office for modification. Regarding section 28(1) of the Labour Code which provides that weekly rest must be taken on a day agreed upon between the employer and the employee, the Government confirms that this provision reflects actual practice since in many industries weekly rest constitutes an employee’s day off and as such may differ from one employee to another. The Committee is obliged to recall, in this respect, that the Convention requires that the period of weekly rest, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and be fixed so as to coincide with the day already established by tradition or custom. In fact, the Convention is articulated around three main principles, that is continuity (a period of rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted as far as possible simultaneously to the whole of the staff). Noting that section 28(1) of the – not yet enacted – Labour Code of 2006 does not fully reflect the principles outlined above, the Committee requests the Government to take the necessary steps to ensure that the text of the new labour legislation, once finalized, fully reflects the letter and the spirit of the Convention.

Article 5. Compensatory rest. The Committee notes that the Labour Code does not make any provision for compensatory periods of rest to be granted in the case of total or partial exceptions to the ordinary weekly rest. The Committee recalls, however, that performing work on the day of weekly rest should involve, as far as possible, compensatory rest independently of any extra payment, as prescribed by this Article of the Convention. It also recalls that weekly rest being essential to the workers’ health and well-being, recourse to such exceptions should be limited to what is strictly necessary. The Committee accordingly requests the Government to consider appropriate action in order to give full effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would 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 in matters related to weekly rest, copies of any collective agreements containing clauses on weekly rest, etc.

Finally, the Committee once again recalls the ILO Governing Body’s decision to include the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), among the instruments which are up to date and the ratification of which should therefore be promoted. The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decision taken or envisaged in this respect.

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

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:

The Committee understands that the Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep the Office informed of any revision process that occurs. The Government is also requested to supply copies of collective agreements containing provisions relating to weekly rest.

The Committee notes that the text of the new Labour Code differs in a number of points from the draft previously sent to the Office. It notes that section 28(1) of the Code provides that the weekly rest day will be determined by agreement between the employer and the worker, with reference no longer made to the traditional weekly rest day. The Committee draws the Government’s attention to the fact that, under Article 2, paragraphs 2 and 3, of the Convention, weekly rest shall, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. It also notes that section 28 of the Code contains a second paragraph allowing exceptions to the rules concerning weekly rest, which is formulated in similar terms to those of the Convention. However, it reminds the Government that Article 5 of the Convention requires provision to be made, as far as possible, for compensatory periods of rest for the suspensions or diminutions made under those exemptions. The Committee asks the Government to indicate the measures taken or contemplated to harmonize the provisions of the Labour Code with those of the Convention.

Article 7. Notices and rosters. The Committee asks the Government once again to supply sample copies of notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee would be grateful if the Government would supply available information on the application of the Convention in practice, including extracts of reports from the labour inspectorate and the number of contraventions of the regulations on weekly rest which have been reported and the penalties imposed.

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 2007, published 97th ILC session (2008)

The Committee understands that the new Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the new Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep it informed of any revision process that occurs.

The Committee also notes the Government’s indications to the effect that it sent extracts of collective agreements by mail. However, the Committee notes that none of these texts has been received by the Office and again requests the Government to supply copies of collective agreements containing provisions relating to weekly rest.

The Committee notes that the text of the new Labour Code differs in a number of points from the draft previously sent to the Office. It notes that section 28(1) of the Code provides that the weekly rest day will be determined by agreement between the employer and the worker, with reference no longer made to the traditional weekly rest day. The Committee draws the Government’s attention to the fact that, under Article 2, paragraphs 2 and 3, of the Convention, weekly rest shall, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. It also notes that section 28 of the Code contains a second paragraph allowing exceptions to the rules concerning weekly rest, which is formulated in similar terms to those of the Convention. However, it reminds the Government that Article 5 of the Convention requires provision to be made, as far as possible, for compensatory periods of rest for the suspensions or diminutions made under those exemptions. The Committee asks the Government to indicate the measures taken or contemplated to harmonize the provisions of the Labour Code with those of the Convention.

Article 7. Notices and rosters. The Committee notes that the Government has not replied to its previous comment on this point and asks it once again to supply model notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee notes the Government’s indications to the effect that there are no statistical data concerning the number of workers covered by the Convention. It would be grateful if the Government would supply available information on the application of the Convention in practice, including extracts of reports from the labour inspectorate and the number of contraventions of the regulations on weekly rest which have been reported and the penalties imposed.

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

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:

The Committee notes that the principles of the Convention currently seem to be applied customarily and through collective agreements. It requests the Government to forward copies of the relevant collective agreements. Furthermore, the Committee notes that a draft Labour Code has been formulated with the assistance of the ILO. It hopes that this draft document will be adopted in the near future, in order to ensure the implementation of the provisions of the Convention through appropriate legislation. It requests the Government to keep the Office informed of any progress made concerning the adoption of the text.

Article 5 of the Convention. Compensatory periods of rest. The Committee notes that, according to the Government’s report, when employees work on their day of weekly rest, they must be granted a compensatory day of rest or paid at the applicable overtime rate, by virtue of the collective agreements and custom. However, the Committee draws the Government’s attention to the fact that Article 5 of the Convention states that provision must be made, as far as possible, for compensatory periods of rest to be granted in cases of exemption from the normal weekly rest scheme. The granting of compensation in cash, in the form of increased remuneration for hours worked on a day of weekly rest, does not correspond to the aim of the Convention, which is to ensure that workers enjoy a minimum rest to enable them to remain healthy and to have access to leisure activities. A simple alternative between a compensatory day of weekly rest and increased wages, as mentioned in the Government’s report, would not seem to ensure compliance with this provision. The Committee hopes that the Government will soon be in a position to ensure that the Convention is applied fully with regard to this point. In particular, it hopes that the Labour Code will contain provisions along these lines.

Article 7. Notices and rosters. The Committee requests the Government to forward model notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice, providing, for example, labour inspectorate reports and, if possible, statistical data on the number of workers protected by the legislation, as well as the number and nature of violations recorded.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the principles of the Convention currently seem to be applied customarily and through collective agreements. It requests the Government to forward copies of the relevant collective agreements. Furthermore, the Committee notes that a draft Labour Code has been formulated with the assistance of the ILO. It hopes that this draft document will be adopted in the near future, in order to ensure the implementation of the provisions of the Convention through appropriate legislation. It requests the Government to keep the Office informed of any progress made concerning the adoption of the text.

Article 5 of the Convention. Compensatory periods of rest. The Committee notes that, according to the Government’s report, when employees work on their day of weekly rest, they must be granted a compensatory day of rest or paid at the applicable overtime rate, by virtue of the collective agreements and custom. However, the Committee draws the Government’s attention to the fact that Article 5 of the Convention states that provision must be made, as far as possible, for compensatory periods of rest to be granted in cases of exemption from the normal weekly rest scheme. The granting of compensation in cash, in the form of increased remuneration for hours worked on a day of weekly rest, does not correspond to the aim of the Convention, which is to ensure that workers enjoy a minimum rest to enable them to remain healthy and to have access to leisure activities. A simple alternative between a compensatory day of weekly rest and increased wages, as mentioned in the Government’s report, would not seem to ensure compliance with this provision. The Committee hopes that the Government will soon be in a position to ensure that the Convention is applied fully with regard to this point. In particular, it hopes that the Labour Code will contain provisions along these lines.

Article 7. Notices and rosters. The Committee requests the Government to forward model notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice, providing, for example, labour inspectorate reports and, if possible, statistical data on the number of workers protected by the legislation, as well as the number and nature of violations recorded.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes that for the second consecutive year 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 requests the Government to provide, in its next report, detailed information on the application of each Article of the Convention, replying to all the questions in the report form adopted by the Governing Body of the ILO.