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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Aruba

Other comments on C106

Direct Request

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Articles 7 and 8 of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee notes the Government’s explanations concerning the recent legislative changes in working and rest time, through the amendment of the Labour Ordinance which became effective as from 1 April 2013. The Government indicates that these changes seek to promote flexible working time arrangements and adds that section 10(1)(b) of the new Labour Ordinance provides for a day of rest for all workers, and for workers working a six-day work week, an extra half day of rest. As the text of the new Labour Ordinance has not been communicated to the Office, the Committee is not in a position to verify whether provision is made for compensatory rest (irrespective of any monetary compensation) for those workers who may be required, either regularly or occasionally, to work on their weekly rest day. The Committee accordingly requests the Government to (i) clarify whether the new Labour Ordinance provides for compensatory rest whenever work is performed on a weekly rest day, as required under these Articles of the Convention, and (ii) transmit a list of the categories of persons and types of establishments subject to special weekly rest schemes, as well as information on the circumstances in which temporary exemptions from the ordinary weekly rest schedule may be granted. In addition, the Committee understands that the new Labour Ordinance does not apply to workers earning more than twice the gross monthly minimum wage. Recalling that the Convention applies to all workers irrespective of level of earnings, the Committee requests the Government to provide additional clarification in this respect. Finally, the Committee would appreciate receiving a copy of the Labour Ordinance 2013 (AB 2013 No. 14) and the 2013 amendments to the Civil Code.