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

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

Articles 7 and 8 of the Convention. Permanent or temporary exceptions – Compensatory rest. The Committee notes that as from October 2010, Sint Maarten has become an autonomous country within the Kingdom of the Netherlands and that consequently the labour legislation of the former Netherlands Antilles was taken over and consolidated. The Committee also notes that the Convention is applied through the Labour Regulations 2000 which replaced the Labour Regulations 1952 that previously gave effect to the Convention. In this connection, the Committee notes that under section 15(2) of the Labour Regulations 2000, employees who work during their weekly rest period are entitled to overtime pay calculated at double the regular wage but no provision is made for compensatory rest, as required under these Articles of the Convention. The Committee further notes that under sections 17 and 24 of the Labour Regulations, the Director of the Department of Labour may authorize derogations in the normal weekly rest scheme without however specifying the circumstances under which such authorizations may be granted. Moreover, the Committee notes that section 27 of the Labour Regulations permits different rules on weekly rest to be established by decree in respect of a particular industry. The Committee wishes to recall that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis, with regard being paid to all proper social and economic considerations and only after consultation with the representative employers’ and workers’ organizations concerned. The Committee further recalls that employees who may be required to perform work during their weekly rest day, either regularly or temporarily, must receive compensatory rest of a total duration of at least 24 hours (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well being. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest scheme applicable to commercial enterprises and offices covered by this Convention in a manner that gives full effect to the requirements of these Articles of the Convention. The Committee also requests the Government to provide copies of any collective agreements containing clauses on weekly rest.