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

Article 2 of the Convention. Weekly rest period. The Committee notes that, as indicated by the Government in its report, the Employment Act (Chapter 15:03), in its 2002 version, does not contain provisions requiring employers to grant workers employed by them a period of weekly rest of at least 24 consecutive hours. It notes that section 6 of the Act only establishes the requirement for employers to complete a form detailing the terms and conditions of employment, including those relating to hours of work, which must contain a signature of the employer and of the worker concerned. It also notes the Government’s indications that in practice working time in industry is 40 hours a week, with a weekly rest period of 24 hours. The Committee further notes that the schedule to the Public Holidays Act (Chapter 6:09), in its 2002 version, contains a note indicating that Sundays are observed as common law holidays. It requests the Government to specify how it is ensured that weekly rest is granted. The Government is also asked to indicate whether section 32(3) of the Employment Act relating to work on a public holiday also applies to workers employed on a Sunday. If so, the Committee recalls that, with a view to protecting the health of workers, the Convention requires periods of compensatory rest to be granted, as far as possible, in the event of work on the weekly rest day, irrespective of any financial compensation. Finally, the Committee notes the Government’s indications that it undertakes, in collaboration with the social partners, to amend the Employment Act in order to provide for the granting of a weekly rest period in accordance with the provisions of the Convention. It requests the Government to provide information on any developments in this respect.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the application in practice of the rules respecting rest on Sundays, including, for instance, a copy of the most recent report of the labour commissioner on this subject, reports of inspections noting contraventions to this rule and the measures taken as a result, the number of workers employed in industry, 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 continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage declaring Convention No. 106 applicable to Montserrat and to keep the Office informed of any decision taken or envisaged in this respect.