Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Sint Maarten

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1965)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) (Ratification: 1971)

Previous comment on Convention No. 106

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

Article 5 of Convention No. 14 and Article 8 (3) of Convention No. 106. Compensatory rest. The Committee notes that the Governments’ report does not contain any information in reply to its previous comments regarding section 15(6) of the Labour Regulations 2000, which prescribes that, by written agreement, it can be agreed that the compensation for overtime (including work during the weekly rest period) takes place wholly or partly as paid leave. 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 provide information on the measures taken or envisaged to ensure that a compensatory rest of at least 24 hours irrespective of any monetary compensation is granted to workers who are exceptionally requested to work on their weekly rest day, as required by these articles of the Conventions.