Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Sint Maarten

Articles 4 and 5 of the Convention. Working time of hotel and restaurant workers. The Committee notes the Government’s indication in its last report that working conditions of workers employed at hotels, restaurants and casinos are regulated by a specific law, the Labour Decree for Hotels, Restaurants and Casinos (P.B. 2000 nr. 91), and that all provisions of the Labour Regulations 2000 (P.B. 2000 nr. 67) remain applicable with respect to the matters which are not covered by the Labour Decree. The Committee requests the Government to specify the legal provisions providing for the rules on the night shifts mentioned in the Government’s report (that is, working hours during a night shift, a period of work between midnight and 6 a.m., are limited to a maximum of 8.5 hours per day). It also requests the Government to clarify whether the workers concerned may not be entitled to public holidays at all, in view of section 2(1)(c) of the Labour Decree, which provides that the workers concerned are not entitled to at least five public holidays per calendar year. It further requests the Government to explain how annual leave with pay for these workers is regulated, as neither the Labour Regulations nor the Labour Decree appear to cover this matter. Please also explain how it is ensured that, where possible, the workers concerned shall have sufficient advance notice of working schedules to enable them to organize their personal and family life accordingly.

Article 6. Tips. As the Labour Decree does not appear to contain specific provisions on this issue, the Committee requests the Government to explain how it is ensured that, regardless of tips, the workers concerned receive a basic remuneration paid at regular intervals, as required under this Article of the Convention.