Weekly Rest (Industry) Convention, 1921 (No. 14) - Bahamas (RATIFICATION: 1976)

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Article 2(2) and (3) of the Convention. Weekly rest day. Further to its previous comment, the Committee notes the Government’s indication that no measures have been adopted or are envisaged to determine the days during which weekly rest will normally be taken under section 9 of the Employment Act. The Government states that such a provision is unnecessary because most enterprises are already closed every Sunday and, therefore, most workers observe that day as a day of rest. The Government further refers to the Public Holidays Act which nonetheless concerns the closing of all public offices, banks and shops on Sundays and is, therefore, not applicable to industrial undertakings. Noting the Government’s indication that amendments to section 9 of the Employment Act are currently being contemplated in Parliament, the Committee hopes that the Government may take this opportunity to bring its legislation in line with the spirit and letter of the Convention.

Articles 4 and 5. Total or partial exceptions – Compensatory rest. The Committee notes the Government’s indication that it has not established, nor is it anticipated that the Government will establish, any exceptions to the normal system of weekly rest or any consequential provisions for a compensatory period of rest, because there is already a high level of compliance throughout the country with the statutory provisions on weekly rest. In this regard, the Committee recalls that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule (such as those provided for in section 8 and the Second Schedule of the Public Holidays Act) would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee also recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), that the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of these Articles of the Convention.

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Article 2(2) and (3) of the Convention. Weekly rest day. The Committee notes the Government’s reaffirmation in its report that most workers are afforded two days off per week. It notes the Government’s indication that the legislation does not define the customary day for weekly rest, which is generally determined in agreement between the employer and the worker and that there have been no major disputes regarding this issue. The Committee, however, recalls that, in accordance with the Convention, days of weekly rest shall, whenever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. As the Committee emphasized in its General Survey of 1964 on weekly rest (paragraph 97), weekly rest is a social necessity and, if taken simultaneously, enables workers to enjoy their leisure hours together. Numerous abuses are possible if the parties to an individual employment contract are entirely free to determine when the weekly rest shall be taken. The Committee once again requests the Government to indicate whether measures have been adopted or are envisaged to determine the days during which weekly rest shall normally be taken under section 9 of the Employment Act.

Articles 4 and 5. Exceptions. The Committee notes the Government’s indications that exceptions to the normal arrangements for weekly rest seldom occur and that, in such cases, adjustments are agreed bilaterally between the employer and the worker concerned or their respective representatives. It, however, draws the Government’s attention to the importance of providing in law that exceptions to the provisions normally applicable in respect of weekly rest may only be established having special regard to all proper humanitarian and economic considerations and after consultation with employers’ and workers’ organizations. Furthermore, national laws and regulations shall, as far as possible, make provision for compensatory periods of rest for the workers to whom such exceptions apply. With a view to avoiding abuse, the establishment of such measures cannot be left to the good will of the parties to the employment contract. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to take into account social considerations, and not only economic considerations, when establishing exceptions to the normal system of weekly rest and for the provision of a compensatory period of rest for the workers concerned.

Part V of the report form. Application in practice. The Committee notes that, according to the Government’s report, around 150,000 workers are covered by the legislation giving effect to the Convention, that there is widespread compliance with the legislation by employers and that most industrial agreements include such provisions as an added measure in relation to the minimum statutory requirements. The Committee requests the Government to provide extracts from the reports of the labour inspection services indicating the findings of inspections into the implementation of the national legislation respecting the weekly rest period and, where possible, data on the number of violations identified and the measures adopted to resolve them. The Government is also requested to provide copies of collective agreements establishing conditions that are more favourable than the statutory minimum requirements in relation to the weekly rest period. The Committee further requests the Government to provide the Office with any relevant information concerning the possible amendment of the provisions of the Employment Act respecting the weekly rest period.

Finally, the Committee notes the Government’s indication that it undertakes to give serious consideration to the issue of the ratification of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106). It would be grateful if the Government would keep the Office informed of any developments in this respect.

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Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the indications in the Government’s report to the effect that, with regard to weekly rest, the Minister of Labour has not yet adopted any regulations pursuant to section 3(2) of the Employment Act, 2001, which allows to exclude, after consultation with representative employers’ and workers’ organizations, certain categories of persons or jobs from the provisions of this Act, or to make it applicable to them with certain modifications. The Committee requests the Government to send copies of any regulations that may be adopted pursuant to this provision of the Employment Act.

Article 2, paragraphs 2 and 3. Weekly rest day. The Committee notes that section 9 of the Employment Act, provides for a weekly rest period of 48 hours, including at least 24 consecutive hours. It also notes that this Act does not contain any provisions concerning the days of the week in which this rest is normally granted to workers. The Committee also notes the Government’s statement to the effect that any amendments to section 9 of the Employment Act do not appear necessary at this stage. In this regard, the Committee draws the Government’s attention to the provisions of Article 2, paragraphs 2 and 3, of the Convention, according to which the weekly rest period must, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. The Committee requests the Government to supply information on the possible existence of customary practices with regard to the granting of weekly rest on a specific day, for example Sunday. The Government is also requested to keep the Office informed of any measure it might be contemplating in order to determine the days during which weekly rest must, in principle, be granted to employees.

Article 4. Exceptions. The Committee requests the Government to indicate whether exceptions may be authorized to the rules on weekly rest, for example by moving the rest day to a day other than the one agreed between the employer and worker, or in the form of rest postponed for a number of weeks. If so, the Government is requested to supply information on the compensation provided for the workers concerned.

Part V of the report form. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services and, if possible, detailed information on the number of workers covered by the legislation, the number and nature of contraventions reported and the measures taken in response.

Finally, the Committee notes that the Government requested the opinion of the Office on the proposed amendments to the Employment Act, submitted by the employers’ and workers’ organizations represented in TRIFOR, the tripartite forum created in 2000 and revived in 2007 after a long period of inactivity. It requests the Government to keep the Office informed of any progress made in discussions held between the social partners with regard to these proposals, and of any proposed amendments to the provisions of the Employment Act with regard to weekly rest which might be submitted to Parliament.

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 continued to respond to current needs (see GB.238/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.

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The Committee notes the Employment Act of 2001.

Article 2, paragraphs 2 and 3 of the Convention. Unlike its predecessor, the Fair Labour Standard Act of 1970, the new Employment Act of 2001 does not mention that Sunday shall be a day of rest. The Government is asked to indicate how it ensures that the weekly period of rest shall, wherever possible, be fixed so as to coincide with the days already established by the traditions or customs of the country or district (Article 2, paragraph 3) and be granted simultaneously to the whole of the staff of each undertaking (Article 2, paragraph 2).

Article 4. The Government is furthermore asked to provide information on work executed on the customary weekly rest day. Please also indicate whether the Minister has made regulations as contemplated by section 3, paragraph 2, of the Employment Act of 2001 with regard to weekly rest, and if so provide copies.

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In its previous comments the Committee requested the Government to indicate how effect is given to Article 7 of the Convention. The Committee while noting the information provided by the Government in its report, including the annexed industrial agreement between the Bahamas Telecommunications Corporation and the Bahamas Communication and Public Managers' Union would request the Government to provide more specific information on the application of Article 7 and, in particular, to forward specimen copies of the notices and rosters specified in virtue of this Article.

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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 following matters raised in its previous direct request, which read as follows:

The Committee notes the Government's reply to its previous direct request, indicating that no regulations have been made under section 36(c) of the Fair Labour Standards Act. The Committee recalls that under Article 7 of the Convention each employer, director, or manager, should be obliged, (a) where weekly rest is given to the whole of the staff collectively, to give certain notice of such weekly rest periods in an approved manner; and (b) where the rest period is not granted to the whole of the staff collectively, to make known, by means of a roster drawn up in accordance with the method approved by the legislation of the country, or by a regulation of the competent authority, the workers or employees subject to a special system of rest and to indicate that system. Since the Act does not deal with this question, the Committee would be grateful if the Government would show how effect is given to the Convention in this respect.

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The Committee notes the Government's reply to its previous direct request, indicating that no regulations have been made under section 36(c) of the Fair Labour Standards Act. The Committee recalls that under Article 7 of the Convention each employer, director, or manager, should be obliged, (a) where weekly rest is given to the whole of the staff collectively, to give certain notice of such weekly rest periods in an approved manner; and (b) where the rest period is not granted to the whole of the staff collectively, to make known, by means of a roster drawn up in accordance with the method approved by the legislation of the country, or by a regulation of the competent authority, the workers or employees subject to a special system of rest and to indicate that system. Since the Act does not deal with this question, the Committee would be grateful if the Government would show how effect is given to the Convention in this respect.

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Article 7 of the Convention. The Committee requests the Government to send specimen copies of the notices and rosters specified in virtue of this Article. Please also indicate whether the Minister has made regulations as contemplated by section 36(c) of the Fair Labour Standards Act, 1970 and, if so, provide copies.