Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Sainte-Lucie (Ratification: 1980)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee understands that the Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep the Office informed of any revision process that occurs. The Government is also requested to supply copies of collective agreements containing provisions relating to weekly rest.

The Committee notes that the text of the new Labour Code differs in a number of points from the draft previously sent to the Office. It notes that section 28(1) of the Code provides that the weekly rest day will be determined by agreement between the employer and the worker, with reference no longer made to the traditional weekly rest day. The Committee draws the Government’s attention to the fact that, under Article 2, paragraphs 2 and 3, of the Convention, weekly rest shall, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. It also notes that section 28 of the Code contains a second paragraph allowing exceptions to the rules concerning weekly rest, which is formulated in similar terms to those of the Convention. However, it reminds the Government that Article 5 of the Convention requires provision to be made, as far as possible, for compensatory periods of rest for the suspensions or diminutions made under those exemptions. The Committee asks the Government to indicate the measures taken or contemplated to harmonize the provisions of the Labour Code with those of the Convention.

Article 7. Notices and rosters. The Committee asks the Government once again to supply sample copies of notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee would be grateful if the Government would supply available information on the application of the Convention in practice, including extracts of reports from the labour inspectorate and the number of contraventions of the regulations on weekly rest which have been reported and the penalties imposed.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.