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

Aruba

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1986)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) (Ratification: 2001)

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.