Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Aruba

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 Government is requested to indicate whether the Ordinance of 8 December 1964 and the Decree of 28 September 1966 concerning the status of public officials are still in force in Aruba.

Article 3 of the Convention. The Committee requests the Government to indicate whether it intends to apply the obligations of the Convention to the establishments listed in this Article.

Article 7, paragraph 2. The Committee notes that Decree No. 93 of 20 September 1954 which lays down the general rules for the application of section 20 of the Labour Ordinance of 1952 provides that persons to whom special weekly rest schemes are applied are guaranteed a compensatory rest day in respect of each period of seven days. It has also noted the provisions of two collective agreements in the hotel sector relating to work on the weekly rest day. The Government is requested to indicate whether the Decree is still in force in Aruba and, if not, to indicate the measures taken to ensure that all persons to whom special schemes apply are granted a rest period of at least 24 hours in respect of each period of seven days.

Article 8, paragraph 1. The Committee notes that, under section 7 of the Labour Ordinance, temporary permission may be granted for derogations to the weekly rest provision where particular circumstances may reasonably require. It further notes that exemptions may be granted to the weekly rest provision in emergencies under section 10 of the Ordinance. The Government is requested to indicate the measures taken to ensure that the permission granted under section 7 of the Labour Ordinance to derogate from the weekly rest provision is only granted in case of accident, force majeure or urgent work, in the event of abnormal pressure of work due to special circumstances or in order to prevent the loss of perishable goods.

Article 8, paragraph 3. The Committee notes that, in cases where an exemption has been granted under section 10 of the Labour Ordinance, the rest period on Sundays or equivalent days must, as far as possible, be replaced by a similar rest period. It further notes that there is no provision for compensatory rest in the cases of derogations permitted under section 7. The Government is requested to indicate the measures taken or envisaged to ensure that, where temporary exemptions to the weekly rest provision are made, all persons concerned are granted compensatory rest of a total duration of at least 24 hours.

Article 11. The Government is requested to list the categories of persons and the types of establishments which are subject to special rules concerning weekly rest by virtue of section 20 of the Labour Ordinance and to provide information, in its next report, on the circumstances in which temporary exemptions may have been made under sections 7 and 10 of the Ordinance.