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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Sint Maarten
The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Articles 4, 5 and 6 of the Convention. Working time of hotel and restaurant workers. Paid leave. Tips. The Committee recalls 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 general labour regulations, such as the Civil Code, Book 7a, new Title 10, the Labour Regulations 2000 (P.B. 2000 nr. 67), the Vacation Ordinance (AB 2013, GT No. 345), the Safety Ordinance (AB 2013, GT No. 438) and the Safety Decrees I-III, remain applicable with respect to the matters which are not covered by the Labour Decree. In response to the Committee’s previous request, the Government refers to the Labour Decree and the Labour Regulations as giving effect to the Convention. More specifically, the Government indicates the provisions which regulate working time, rest periods and breaks, scheduled and overtime work, night shifts, and work on public holidays for workers employed at hotels, restaurants and casinos. The Committee takes note of the provisions of the Labour Regulations which ensure that the workers concerned have sufficient advance notice of the working schedules applicable to them. It also notes that the annual paid leave for hotel and restaurant workers is regulated by the Vacation Ordinance. In response to the Committee’s request regarding the manner in which it is ensured that, regardless of tips, the workers concerned receive a basic remuneration paid at regular intervals, the Government refers to the Civil Code, sections 1614 and 1614, sub b, which provide that the employer is obliged to pay the worker his or her wages at specified times. The Committee requests the Government to provide information on the practical application of the above-mentioned provisions to workers employed in hotels and restaurants, including information on the rate of remuneration for overtime hours and on the number of additional hours performed on average in the hotels and restaurants sector.
Article 8 and Part V of the report form. Implementation of the Convention. Application in practice. The Government indicates that collective labour agreements for the hotel and restaurant industry are regulated by the Collective Labour Agreement National Ordinance (AB 2013, GT No. 230). The Committee requests the Government to collect and transmit information on statistics on the number of workers covered by the relevant legislation, copies of applicable collective agreements, extracts from labour inspection reports, and official studies or surveys concerning the employment situation or any difficulties experienced in the hotel and catering sector.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 4, 5 and 6 of the Convention. Working time of hotel and restaurant workers. Paid leave. Tips. The Committee recalls 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 general labour regulations, such as the Civil Code, Book 7a, new Title 10, the Labour Regulations 2000 (P.B. 2000 nr. 67), the Vacation Ordinance (AB 2013, GT No. 345), the Safety Ordinance (AB 2013, GT No. 438) and the Safety Decrees I-III, remain applicable with respect to the matters which are not covered by the Labour Decree. In response to the Committee’s previous request, the Government refers to the Labour Decree and the Labour Regulations as giving effect to the Convention. More specifically, the Government indicates the provisions which regulate working time, rest periods and breaks, scheduled and overtime work, night shifts, and work on public holidays for workers employed at hotels, restaurants and casinos. The Committee takes note of the provisions of the Labour Regulations which ensure that the workers concerned have sufficient advance notice of the working schedules applicable to them. It also notes that the annual paid leave for hotel and restaurant workers is regulated by the Vacation Ordinance. In response to the Committee’s request regarding the manner in which it is ensured that, regardless of tips, the workers concerned receive a basic remuneration paid at regular intervals, the Government refers to the Civil Code, sections 1614 and 1614, sub b, which provide that the employer is obliged to pay the worker his or her wages at specified times. The Committee requests the Government to provide information on the practical application of the above-mentioned provisions to workers employed in hotels and restaurants, including information on the rate of remuneration for overtime hours and on the number of additional hours performed on average in the hotels and restaurants sector.
Article 8 and Part V of the report form. Implementation of the Convention. Application in practice. The Government indicates that collective labour agreements for the hotel and restaurant industry are regulated by the Collective Labour Agreement National Ordinance (AB 2013, GT No. 230). The Committee requests the Government to collect and transmit information on statistics on the number of workers covered by the relevant legislation, copies of applicable collective agreements, extracts from labour inspection reports, and official studies or surveys concerning the employment situation or any difficulties experienced in the hotel and catering sector.

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

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.
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