Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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 (industry)), and 89 (night work of women) together.

Weekly rest

Articles 4 of the Convention. Total or partial exceptions. The Committee notes that section 119(2) of the Labour Act (as revised in 2020) allows the Minister to exempt by Order from the granting of weekly rest entitlements any undertaking, business or establishment or any part thereof or any class of workers, subject to such conditions as may be specified in such Order. With regard to the foregoing, the Committee recalls the importance of keeping recourse to authorized exceptions to the normal 24-hour weekly rest period to what is strictly necessary, and for such exceptions to be authorized under clearly specified conditions, having special regard to all proper humanitarian and economic considerations and after consultation with employers’ and workers’ organizations (2018 General Survey concerning working-time instruments, paras 226 and 260). The Committee requests the Government to bring the Labour Act in line with these requirements. The Committee further requests the Government to indicate whether orders under section 119 of the Labour Act or any other orders have been issued and if so, to indicate what categories of business, undertakings and workers have been exempted from weekly rest entitlements, and under which conditions these exceptions were made. It also requests the Government to communicate any new legislation adopted on this subject.

Article 5. Compensatory rest. The Committee notes that section 118(1)(c) of the Labour Act provides that if workers work for and at the request of their employers on a Sunday or other agreed rest day, they shall be paid wages for such extra work. The Committee observes that the Labour Act does not provide for compensatory periods of rest in case of work during weekly rest periods. Recalling that the rationale for compensatory rest is the need to protect the workers’ health and well-being, the Committee emphasizes the importance that any financial compensation is in addition to, and not in lieu of, the requisite compensatory rest. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that as far as possible, provision is made for compensatory periods of rest in case of exceptional work during weekly rest periods.

Night work

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that section 161(1)(a) of the Labour Act prohibits the night work of women. The Committee also notes that the Labour Act provides for exceptions from this principle (sections 162(1) and 162(5)). In this regard, the Committee wishes to recall that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in occupation and employment (2018 General Survey concerning working-time instruments, para. 545). The Committee draws the Government’s attention to the fact that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.

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

Articles 4 and 5 of the Convention. Total and partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s indications that the revision of the labour legislation has now been initiated and that the Labour Advisory Board has already concluded its examination of the provisions of the Labour Act (Chap. 297) on weekly rest. In this respect, the Committee notes with interest that the Board recommended to amend section 118 of the Labour Act so as to provide for a compensatory rest for work done on rest days. It also notes that it was proposed to allow for the postponement or accumulation of weekly rest over a certain period of time for those workers who are employed far from their place of residence and for whom it would not be impracticable to benefit from a day off every week. The Committee wishes to recall, in this connection, that Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), advises that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. However, the Committee wishes to draw the Government’s attention to section 119 of the Labour Act, which excludes broad categories of workers, such as shop assistants, from the coverage of the weekly rest provisions, and also gives wide discretionary power to the Minister of Labour to exempt any undertaking, business or class of workers from the application of the same provisions upon application being made to the commissioner by any employers’ or workers’ organization. The Committee is bound to recall that in view of the importance of the weekly rest for the workers’ health and well-being, any exceptions to the general 24-hour weekly rest rule must be in compliance with the conditions set out in the Convention (i.e. account taken of all social and economic considerations, and employers’ and workers’ organizations properly consulted) and recourse to such exceptions should be kept to what is strictly necessary. The Committee therefore requests the Government to keep the Office informed of any further progress in the process of revision of the Labour Act and to transmit a copy of the new text once it has been adopted.

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

Article 3 of the Convention. General prohibition of night work for women. Further to its previous comment, the Committee notes the Government’s indication that the Labour Advisory Board has recommended the elimination of all restrictions on night work for women and consequently the denunciation of Convention No. 89 and the ratification of the Night Work Convention, 1990 (No. 171). The Committee recalls, in this respect, that Convention No. 89 will be next open to denunciation as from 27 February 2021. In the meantime, the Committee encourages the Government to move towards the ratification and effective implementation of Convention No. 171 and requests it to keep the Office informed of any steps taken or envisaged in this regard.

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

Articles 2–7 of the Convention. Weekly rest. The Committee recalls its previous comment, in which it drew the Government’s attention to several provisions of the Convention, in particular Articles 4 (total or partial exceptions), 5 (compensatory rest) and 7 (posting of notices) of the Convention, that need to be given effect before legislative conformity is attained. In its last report, the Government indicates that, following the reactivation of the Labour Advisory Board in March 2009, the process for the revision of the labour legislation will be initiated and that the Ministry of Labour is currently in the process of identifying a consultant who will work along with the Labour Advisory Board to conduct the review of the legislation. While noting these explanations, the Committee requests the Government to keep the Office informed of any further developments concerning the revision of the Labour Act and hopes that the Committee’s comments will be given due consideration in drafting the new labour legislation. The Committee recalls, in this connection, that the Government may draw upon the Office’s advisory services to ensure that any draft legislative text effectively reflects the requirements of the Convention.

Finally, with regard to the possibility of ratifying the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), the Committee notes the Government’s statement that the one of the key functions of the newly appointed tripartite Labour Advisory Board is to review international labour Conventions adopted by the International Labour Conference and to make recommendations, regarding their eventual ratification or incorporation into the national legislation. The Committee accordingly requests the Government to keep the Office informed of the outcome of the tripartite consultations concerning the possible ratification of Convention No. 106.

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

Article 3 of the Convention. Prohibition of night work of women. The Committee has been drawing the Government’s attention to the fact that even though the national legislation may be in substantial conformity with the provisions of the Convention, Convention No. 89 has been severely criticized in recent years as being contrary to the overriding principle of gender equality and restricting the individual worker’s freedom of choice on working time solely on the basis of sex. For this reason, the International Labour Conference decided to partially revise the Convention by adopting the 1990 Protocol to Convention No. 89, and also adopted a new Night Work Convention, 1990 (No. 171), which no longer applies to a specific category of workers and sector of economic activity but to all night workers irrespective of gender in all branches and occupations. For the same reasons, the Committee has been inviting States parties to the Convention to ratify either the Protocol if they considered that women’s protection from the harmful effects and risks of night work was still relevant, or the new Night Work Convention if they were prepared to eliminate all restrictions on night work for women.

The Committee recalls, in this connection, paragraphs 168–169 of its General Survey of 2001 on the night work of women in industry, in which it noted that the full realization of the principle of non-discrimination requires the repealing of all laws and regulations which apply different legal prescriptions to men and women, except for those related to pregnancy and maternity. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Belize is a party since May 1990), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

In light of these observations, the Committee invites the Government in consultation with the social partners, and in particular with women workers, to consider the possibility of ratifying the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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:

Article 2, paragraph 1, of the Convention. The Committee notes that under section 119(2) of Labour Act (Cap. 297), 2001, the Minister is empowered to exempt from the provisions on the hours of work, overtime and holidays, any undertakings, business or establishment or any part thereof or any class of workers. The Committee requests the Government to clarify whether any such Ministerial Orders have so far been issued concerning workers covered by the Convention, and if so, to transmit the text and specify how weekly rest is regulated for those workers.

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1. The Committee understands that even though the Labour Act contains no 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. The Committee is obliged to observe, in this respect, that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. account taken of all proper humanitarian and economic considerations and consultations with responsible associations of employers and workers) and that therefore recourse to such exceptions must be limited to what is strictly necessary. The Committee accordingly requests the Government to provide additional information on the conditions under which and the limits within which exceptions to the weekly rest may be authorized with a view to protect workers from any risk of abuse.

Article 5. The Committee notes that, whereas section 118(1) of the Labour Act requires work performed on Sunday or other agreed rest day to be remunerated at a rate of not less than one-and-one-half times the ordinary rate of pay, no provision is made for compensatory rest. The Committee recalls, in this connection, 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. It therefore requests the Government to take the necessary measures to ensure conformity with the Convention by providing, as far as possible, compensatory rest periods for the workers concerned.

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 asks the Government to take appropriate action to give full effect to the requirements of the Convention in this respect.

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.

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 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 notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 160(1)(a), 161(1)(a) and 162(1), (5) of the Labour Act (Cap. 297), as amended through to 31 December 2000. The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of possible variations in the duration of the night period or exemptions from the prohibition of night work. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes, therefore, to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

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

The Committee notes the Government’s report and wishes to draw attention to the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that under section 119(2) of Labour Act (Cap. 297), 2001, the Minister is empowered to exempt from the provisions on the hours of work, overtime and holidays, any undertakings, business or establishment or any part thereof or any class of workers. The Committee requests the Government to clarify whether any such Ministerial Orders have so far been issued concerning workers covered by the Convention, and if so, to transmit the text and specify how weekly rest is regulated for those workers.

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1. The Committee understands that even though the Labour Act contains no 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. The Committee is obliged to observe, in this respect, that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. account taken of all proper humanitarian and economic considerations and consultations with responsible associations of employers and workers) and that therefore recourse to such exceptions must be limited to what is strictly necessary. The Committee accordingly requests the Government to provide additional information on the conditions under which and the limits within which exceptions to the weekly rest may be authorized with a view to protect workers from any risk of abuse.

Article 5. The Committee notes that, whereas section 118(1) of the Labour Act requires work performed on Sunday or other agreed rest day to be remunerated at a rate of not less than one-and-one-half times the ordinary rate of pay, no provision is made for compensatory rest. The Committee recalls, in this connection, 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. It therefore requests the Government to take the necessary measures to ensure conformity with the Convention by providing, as far as possible, compensatory rest periods for the workers concerned.

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 asks the Government to take appropriate action to give full effect to the requirements of the Convention in this respect.

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 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It notes, in particular, that the prohibition against the employment of women during the night continues to apply by virtue of sections 160(1)(a), 161(1)(a) and 162(1), (5) of the Labour Act (Cap. 297), as amended through to 31 December 2000. The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of possible variations in the duration of the night period or exemptions from the prohibition of night work. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes, therefore, to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its first report. It asks the Government to supply with its second report a copy of the Labour Act, as revised in 2000 and of any other relevant legislation applying the Convention. Moreover, the Committee requests the Government to provide full and detailed information for each Article of the Convention on the provisions of legislation, including administrative regulations, or other measures applying it and on each of the questions set out in the report form.

Part V of the report form. The Committee notes from information received with the Government report, that the number of complaints and inspections has dramatically declined in the period from 1999 to 2001, from 637 to 150 complaints and from 169 to three inspections. The Committee asks the Government to provide further explanations for this phenomenon, indicating also whether the statistics referred to only relate to matters concerning weekly rest. The Government is requested to continue to provide the relevant statistics for the following years in its next report.