Weekly Rest (Industry) Convention, 1921 (No. 14) - Montserrat

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Articles 2 and 5 of the Convention. Entitlement to weekly rest – Compensatory rest periods. The Committee recalls its previous comments, in which it noted that the Employment Act did not contain provisions requiring employers to grant workers employed by them a period of weekly rest of at least 24 consecutive hours. The Committee notes with satisfaction that section 34(1) of the new Labour Code 2012, which repealed the Employment Act (Cap.15:03), lays down for the first time the employer’s obligation to grant, except for emergencies, to his or her employees a period of rest comprising at least 24 consecutive hours in each week. The Committee also notes that under section 36(1) of the Labour Code, read in conjunction with section 36(6), workers who perform work on public holidays are remunerated at double their normal pay rate except for shift employees who are granted compensatory time off. The Committee therefore requests the Government to specify whether provision is made for compensatory rest for: (i) workers who are required to work on their weekly rest day because of an emergency, as provided for in section 34(1); (ii) workers who work on Sunday and normally receive cash compensation under sections 36(1) and 40(2); and (iii) workers whose day of weekly rest happens not to fall on Sunday and are therefore not entitled to any extra payment.

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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.

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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:

Article 2 of the Convention. Minimum weekly rest. The Committee notes that the Government has not provided further information relating to the legislation on the weekly rest since 1976. It also notes that, in its first report on the application of the Convention, the Government indicated that there was no specific legislation instituting a weekly rest, but that Sundays were a public holiday under the terms of common law (Annex of the Ordinance on public holidays, Chap. 176). The Committee requests the Government to indicate whether new legislation has been adopted in the meantime to govern the weekly rest in industry and, if so, to communicate copies of any such legislation.

Article 7. Notices and rosters. The Committee requests the Government to provide specimen copies of the notices and rosters by means of which employers make known to their staff the days and hours of weekly rest, as required by this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, in particular extracts from inspection services reports and, if possible, further information on the number of workers employed in industry, the number and nature of contraventions reported, etc.

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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:

Article 2 of the Convention. Minimum weekly rest. The Committee notes that the Government has not provided further information relating to the legislation on the weekly rest since 1976. It also notes that, in its first report on the application of the Convention, the Government indicated that there was no specific legislation instituting a weekly rest, but that Sundays were a public holiday under the terms of common law (Annex of the Ordinance on public holidays, Chap. 176). The Committee requests the Government to indicate whether new legislation has been adopted in the meantime to govern the weekly rest in industry and, if so, to communicate copies of any such legislation.

Article 7. Notices and rosters. The Committee requests the Government to provide specimen copies of the notices and rosters by means of which employers make known to their staff the days and hours of weekly rest, as required by this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, in particular in the context of the current efforts to rebuild and revitalize the economy, following the major volcanic eruptions which occurred during the 1990s. The Government is invited, in particular, to communicate extracts from inspection services reports and, if possible, further information on the number of workers employed in industry, the number and nature of contraventions reported, etc.

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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 of the Convention. Minimum weekly rest. The Committee notes that the Government has not provided further information relating to the legislation on the weekly rest since 1976. It also notes that, in its first report on the application of the Convention, the Government indicated that there was no specific legislation instituting a weekly rest, but that Sundays were a public holiday under the terms of common law (Annex of the Ordinance on public holidays, Chap. 176). The Committee requests the Government to indicate whether new legislation has been adopted in the meantime to govern the weekly rest in industry and, if necessary, to communicate copies of any such legislation.

Article 7. Notices and rosters. The Committee requests the Government to provide specimen copies of the notices and rosters by means of which employers make known to their staff the days and hours of weekly rest, as required by this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, in particular in the context of the current efforts to rebuild and revitalize the economy, following the major volcanic eruptions which occurred during the 1990s. The Government is invited, in particular, to communicate extracts from inspection services reports and, if possible, further information on the number of workers employed in industry, the number and nature of contraventions reported, etc.

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Article 2 of the Convention. Minimum weekly rest. The Committee notes that the Government has not provided further information relating to the legislation on the weekly rest since 1976. It also notes that, in its first report on the application of the Convention, the Government indicated that there was no specific legislation instituting a weekly rest, but that Sundays were a public holiday under the terms of common law (Annex of the Ordinance on public holidays, Chap. 176). The Committee requests the Government to indicate whether new legislation has been adopted in the meantime to govern the weekly rest in industry and, if necessary, to communicate copies of any such legislation.

Article 7. Notices and rosters. The Committee requests the Government to provide specimen copies of the notices and rosters by means of which employers make known to their staff the days and hours of weekly rest, as required by this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, in particular in the context of the current efforts to rebuild and revitalize the economy, following the major volcanic eruptions which occurred during the 1990s. The Government is invited, in particular, to communicate extracts from inspection services reports and, if possible, further information on the number of workers employed in industry, the number and nature of contraventions reported, etc.