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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Grenada (Ratification: 1979)

Articles 4(1) and 5 of the Convention. Permanent and temporary exceptions – Compensatory rest. The Committee notes that the Government’s succinct reply merely refers to sections 37–40 of the Employment Act No. 14 of 1999. In this regard, the Committee wishes to recall that the Convention permits total or partial exceptions (including suspensions or diminutions) from the general weekly rest standard, in particular when the inherent need to keep certain establishments in operation on the day of rest or exceptional conditions would so require. It seeks to guarantee, however, that exceptions to the normal weekly rest are authorized on limited and well circumscribed grounds, and only after consultations with the representative employers’ and workers’ organizations concerned. The Committee understands that even though the Employment Act contains no express provision on total or partial exceptions from the provisions on weekly rest, work on a day of rest is, in principle, permitted on the condition that the employer and the worker have agreed, and cash compensation is paid at the overtime rate set out in section 42(2) of the Employment Act. In this case, the Convention requires that the rest period cannot be simply replaced by cash payment but it must be granted, as far as possible, regardless of any monetary compensation. The Committee therefore again requests the Government to explain how it is given effect to this requirement of the Convention in both law and practice. It would also appreciate if the Government would clarify whether and how the national legislation ensures that compensatory rest is provided, as far as possible, for work performed on a day of weekly rest, and this irrespective of any compensatory pay.