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

The Committee notes that for many years the Government has been indicating that there have been no legislative changes or other major developments to be reported and that the Convention applies without difficulty. The Committee would appreciate if the Government would clarify in its next report how it is giving effect in law and in practice to the following requirements of the Convention: (i) that the day of weekly rest be fixed, wherever possible, so as to coincide with the day already established by tradition or custom, that is Sunday in the case of Anguilla (Article 2(3)); (ii) that compensatory rest be granted, as far as possible, to any person who may be requested to perform work on a weekly rest day (Article 5); (iii) that workers be kept informed of the weekly rest schedule applicable to them by means of notices or rosters (Article 7).

Moreover, the Committee recalls that a draft Labour Code had been prepared in 2003, section 47(1) of which essentially reproduced the provisions of the Fair Labour Standards Ordinance, 1988, on weekly rest. The Committee requests the Government to provide up to date information on any progress made with respect to the finalization and adoption of the Labour Code.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would 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, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, 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 contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decision taken or envisaged in this respect.