Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Dominica (Ratification: 1983)

Article 2, paragraph 1, of the Convention. Scope of application. In the absence of a Government’s reply on this point, the Committee is obliged to reiterate its request for appropriate action with a view to amending section 9 of the Labour Standards Act, 1977 and extending the rules on weekly rest to managerial employees in conformity and within the limits prescribed by the Convention. The Committee draws once again the Government’s attention to the fact that the Convention does not permit the exclusion of persons holding high managerial positions or persons in confidential and supervisory positions on the understanding that a minimum period of rest and leisure every week is a legitimate interest and an absolute prerequisite for the protection of health and welfare of every employed person, irrespective of the level of his/her responsibilities or tasks.

Articles 4 and 5. Total or partial exceptions. While recalling that in an earlier report the Government had indicated that the exceptions provided for in this Article do not exist in principle, the Committee wishes to observe that under modern conditions there is often a real need to keep certain establishments in operation on the day of weekly rest by reason of the nature of their activities (such as hospitals, continuous processes), or in exceptional cases (for example, major accidents, force majeure or urgent repair work). It therefore requests the Government to specify how effect is given to these Articles of the Convention, including the requirement to grant, as far as possible, compensatory rest to those performing work on their weekly rest day.

Part V of the report form. Application in practice. The Committee notes that, since the ratification of the Convention, the Government has not provided any general information on the manner in which the Convention is applied in practice. The Committee therefore requests the Government to communicate all available information in this regard, including for instance information on the number of workers covered by relevant legislation, inspection results showing the number of infringements of the weekly rest legislation observed and the sanctions imposed, as well as any other particulars which would enable the Committee to better monitor the application of the Convention in law and practice.

Finally, the Committee takes anew the opportunity to invite the Government to contemplate ratifying the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), and to keep the Office informed of any decisions taken or envisaged in the respect. The ratification of Convention No. 106 would appear to be all the more appropriate as the weekly rest legislation in Dominica is of general application covering both industry and commerce.