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Weekly Rest (Industry) Convention, 1921 (No. 14) - Antigua and Barbuda (Ratification: 1983)

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

Article 2(1), read in conjunction with Article 4(1), of the Convention. Total or partial exceptions. The Committee recalls that in its previous report, the Government had indicated that no ministerial orders have so far been issued under section C24(4) of the Labour Code authorizing permanent or temporary exceptions to the standard weekly rest period, and also that there are no longer any collective agreements making use of the permissive exceptions from the weekly rest period provided for in section C24(1) of the Labour Code. The Committee understands, however, that in the context of the ongoing process of revision of the Labour Code, consideration is given to the possibility of amending section C14 which provides that no employee may be obliged to work on a public holiday, with a view to taking into account the exigencies of industries such as aviation that have to operate 24 hours per day, seven days per week. The Committee accordingly requests the Government to keep the Office informed of any legislative amendments which would have an impact on the implementation of the Convention and to transmit copies of any relevant text as soon as it is adopted.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 1, read in conjunction with Article 4, paragraph 1, of the Convention. Total or partial exceptions. The Committee notes the Government’s statement that no orders have so far been issued under section C24(4) of the Labour Code that empowers the Minister of Labour to authorize permanent or temporary exceptions to the standard weekly rest period whenever he/she “deems it necessary to increase the allowable hours of work”. The Committee also notes that, as indicated by the Government in an earlier report, there are no longer any collective agreements making use of the permissive exceptions from the weekly rest period provided for in section C24(1) of the Labour Code. The Committee recalls that any total or partial exceptions that the Government might wish to authorize in the future, in accordance with Article 4 of the Convention, would need to be in compliance with the conditions set out therein (i.e. account taken of all proper humanitarian and economic considerations and consultations with responsible associations of employers and workers) and therefore recourse to such exceptions should be limited to what is strictly necessary. Noting that the Labour Code is presently under review, the Committee requests the Government to continue to provide all relevant information in this respect, in particular as regards any changes that would affect the manner in which the Convention is implemented in law and practice.

Part V of the report form. 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, extracts from reports of the labour inspection services showing the number of violations 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 promoted 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 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

While noting that the Labour Code is currently under review, the Committee requests the Government to clarify the following points.

Articles 4 and 5 of the Convention. The Committee notes the Government’s indication in its last report that there are no longer any collective agreements between particular establishments and the Antigua Workers’ Union, making use of the permissive exceptions from the weekly rest period as provided for in section C24(1) of the Labour Code of 1975 (Cap. 27), as amended. The Committee once again requests the Government to indicate whether any orders have so far been issued by the Minister of Labour, Public Administration and Empowerment under section C24(4) of the Labour Code providing for permanent or temporary exceptions from the standard weekly rest scheme.

Part V of the report form. The Committee would appreciate receiving up to date information on the practical application of the Convention including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed and sanctions imposed, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. While noting that the Labour Code is currently under review, the Committee requests the Government to clarify the following points.

Articles 4 and 5 of the Convention. The Committee notes the Government’s indication that there are no longer any collective agreements between particular establishments and the Antigua Workers’ Union, making use of the permissive exceptions from the weekly rest period as provided for in section C24(1) of the Labour Code of 1975 (Cap. 27), as amended. The Committee once again requests the Government to indicate whether any orders have so far been issued by the Minister of Labour, Public Administration and Empowerment under section C24(4) of the Labour Code providing for permanent or temporary exceptions from the standard weekly rest scheme.

Part V of the report form. The Committee would appreciate receiving up to date information on the practical application of the Convention including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed and sanctions imposed, etc.

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

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:

Articles 4 and 5 of the Convention. The Committee asks the Government to indicate any collective agreement, such as the Collective Agreement between Eastern Airlines, Inc., and the Antigua Workers’ Union, or other national practice which takes advantage of permissive exceptions from the weekly rest period as provided for in Convention No. 24, paragraph (1) of the Antigua Labour Code No. 14 of 1975, as amended by Act No. 3 of 1976. It furthermore requests the Government to supply information on whether use has been made by orders of the Minister of Labour of the power provided for in Convention No. 24, paragraph (4) of the Labour Code to place certain categories of the establishments enumerated therein under special weekly rest schemes. Please also supply copies of the relevant collective agreements, other national provisions and ministerial orders which may have been adopted so far.

Article 6 of the Convention. Where advantage has been taken of the permissive provisions of Article 4 of the Convention (Convention No. 24, paragraph (1) of the Labour Code), the Committee would be grateful, if the Government would communicate a list of exceptions and indicate separately (a) the total exceptions and (b) the partial exceptions, distinguishing in the latter case suspensions and diminutions and giving as full information as possible regarding such suspensions and diminutions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 Committee takes note of the information supplied by the Government in its last report. It has also noted that the information has not changed since the reporting period ending 30 June 1986. The Committee requests the Government to provide additional information, in its next report, on the following points.

Articles 4 and 5 of the Convention. The Committee asks the Government to indicate any collective agreement, such as the Collective Agreement between Eastern Airlines, Inc., and the Antigua Workers’ Union, or other national practice which takes advantage of permissive exceptions from the weekly rest period as provided for in Convention No. 24, paragraph (1) of the Antigua Labour Code No. 14 of 1975, as amended by Act No. 3 of 1976. It furthermore requests the Government to supply information on whether use has been made by orders of the Minister of Labour of the power provided for in Convention No. 24, paragraph (4) of the Labour Code to place certain categories of the establishments enumerated therein under special weekly rest schemes. Please also supply copies of the relevant collective agreements, other national provisions and ministerial orders which may have been adopted so far.

Article 6 of the Convention. Where advantage has been taken of the permissive provisions of Article 4 of the Convention (Convention No. 24, paragraph (1) of the Labour Code), the Committee would be grateful, if the Government would communicate a list of exceptions and indicate separately (a) the total exceptions and (b) the partial exceptions, distinguishing in the latter case suspensions and diminutions and giving as full information as possible regarding such suspensions and diminutions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 takes note of the information supplied by the Government in its last report. It has also noted that the information has not changed since the reporting period ending 30 June 1986. The Committee requests the Government to provide additional information, in its next report, on the following points.

Articles 4 and 5 of the Convention. The Committee asks the Government to indicate any collective agreement, such as the Collective Agreement between Eastern Airlines, Inc., and the Antigua Workers’ Union, or other national practice which takes advantage of permissive exceptions from the weekly rest period as provided for in Convention No. 24, paragraph (1) of the Antigua Labour Code No. 14 of 1975, as amended by Act No. 3 of 1976. It furthermore requests the Government to supply information on whether use has been made by orders of the Minister of Labour of the power provided for in Convention No. 24, paragraph (4) of the Labour Code to place certain categories of the establishments enumerated therein under special weekly rest schemes. Please also supply copies of the relevant collective agreements, other national provisions and ministerial orders which may have been adopted so far.

Article 6 of the Convention. Where advantage has been taken of the permissive provisions of Article 4 of the Convention (Convention No. 24, paragraph (1) of the Labour Code), the Committee would be grateful, if the Government would communicate a list of exceptions and indicate separately (a) the total exceptions and (b) the partial exceptions, distinguishing in the latter case suspensions and diminutions and giving as full information as possible regarding such suspensions and diminutions.

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

The Committee takes note of the information supplied by the Government in its last report. It has also noted that the information has not changed since the reporting period ending 30 June 1986. The Committee requests the Government to provide additional information, in its next report, on the following points.

Articles 4 and 5 of the Convention. The Committee asks the Government to indicate any collective agreement, such as the Collective Agreement between Eastern Airlines, Inc., and the Antigua Workers’ Union, or other national practice which takes advantage of permissive exceptions from the weekly rest period as provided for in Convention No. 24, paragraph (1) of the Antigua Labour Code No. 14 of 1975, as amended by Act No. 3 of 1976. It furthermore requests the Government to supply information on whether use has been made by orders of the Minister of Labour of the power provided for in Convention No. 24, paragraph (4) of the Labour Code to place certain categories of the establishments enumerated therein under special weekly rest schemes. Please also supply copies of the relevant collective agreements, other national provisions and ministerial orders which may have been adopted so far.

Article 6 of the Convention. Where advantage has been taken of the permissive provisions of Article 4 of the Convention (Convention No. 24, paragraph (1) of the Labour Code), the Committee would be grateful, if the Government would communicate a list of exceptions and indicate separately (a) the total exceptions and (b) the partial exceptions, distinguishing in the latter case suspensions and diminutions and giving as full information as possible regarding such suspensions and diminutions.

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