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Articles 4 and 5 of the Convention. Total or partial exceptions. Weekly rest period. The Committee requests the Government to refer to its comments made under Article 7(2) and Article 8(3), of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).
Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention. Permanent and temporary exemptions. Compensatory rest. Further to its previous comments relating to section 2(1)(a)–(d) of Labour Decree I (1990 No. GT58), the Committee notes the Government’s indication that in practice it leaves it to the discretion of the employer to award rest periods in accordance with the needs of the enterprise. It also notes that, in view of the contradictions that have emerged between the provisions of the above Decree and those of the 1990 Labour Ordinance, the labour legislation and the relevant part of the Civil Code have been under review since July 2004. The Government indicates that new legislative texts should soon be submitted to Parliament. While noting the Government’s will to introduce a certain degree of flexibility into working time arrangements and rest periods for certain sectors or enterprises, the Committee is bound to recall the basic principles of the Convention, which are intended to ensure a minimum period of rest and relaxation to workers, which is essential for their health and well-being. It therefore requests the Government to: (i) indicate the manner in which it is ensured that, in accordance with Article 7(2) of the Convention, all persons to whom special schemes apply shall be entitled, in respect of each period of seven days, to rest of a total duration at least equivalent to the period provided for in Article 6, that is 24 hours; (ii) indicate the manner in which it is ensured that, in accordance with Article 8(3) of the Convention, where temporary exemptions are made, compensatory rest of a total duration at least equivalent to the minimum period provided for under Article 6 is granted; and (iii) provide copies of the new legislative texts as soon as they have been adopted.
The Committee also notes that, according to the Government’s report submitted under the Weekly Rest (Industry) Convention, 1921 (No. 14), the policy followed in respect of the application of Labour Decree I is to grant the workers concerned the fourth Sunday off in a period of four weeks. It further notes that, under the terms of a collective agreement for the hotel sector, which had been provided previously by the Government, a Sunday rest day is granted for each period of six weeks. The Committee recalls that, although the Convention does not establish a precise period within which the compensatory rest period shall be granted, compliance with the spirit of the Convention requires that this should be within a reasonably short period. In this respect, it wishes to draw the Government’s attention to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that special weekly rest schemes should be such as to ensure that the persons to whom they apply do not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to provide clarifications on this subject.
Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice, including statistical data on the number of workers covered by the legislation giving effect to the Convention, extracts from reports of the inspection services indicating the number of contraventions reported to the regulations respecting the weekly rest period and the penalties imposed, copies of recent collective agreements containing clauses relating to the weekly rest period (such as the collective agreements in the hotel sector and the theatres and places of public entertainment sector), etc.
The Committee notes the information provided with the Government’s report in reply to its previous comments. It further takes note of the Labour Ordinance of 1990 and Labour Decrees I (1990, No. GT 58), II (1990, No. GT 59) and III (1990, No. GT 14) implementing section 20 of the Ordinance by allowing exceptions from its working and rest time regulations. The Committee asks the Government to provide further information in its next report on the following points.
Articles 4 and 5 of the Convention. The Committee notes that, according to section 2(1)(d) of Decree I of 1990, the competent authority, after consultation with the tripartite Advisory Committee (section 21 of the Ordinance), may grant permission for the performance of work on a weekly rest day in cases where such work needs to be carried out regularly during rest periods. It further notes that section 10(2) of the Ordinance provides for compensation of work during Sunday rest, or of overtime, by time off, as far as possible. Section 6 of Decree I, however, restricts such compensation to cases where workers are not entitled to the monetary compensation provided for under sections 22 and 23 of the Ordinance. The Committee requests the Government to indicate the measures taken or envisaged to ensure in practice that workers falling under section 2(d) of Decree I are granted compensatory rest, as far as possible, and irrespective of any monetary compensation. Please also indicate any provisions made for compensatory rest in cases where the performance of work on a weekly rest day is authorized in virtue of section 2(1)(a) to (c) of Decree I, including work of managerial staff and staff of the higher income groups (section 1(a) to (c) of the Ordinance) and transport of passengers or goods by inland waterway (section 2(2)(c) of the Ordinance). Furthermore, please provide information on how compensatory rest is granted in practice to workers performing overtime on a weekly rest day in accordance with collective agreements, such as those supplied with the report.
The Committee notes the Government’s report, including the information on the matters raised in its previous comments. It also takes note of the Labour Ordinance of 1990 and Labour Decree I (1990, No. GT 58), Labour Decree II (1990, No. GT 59) and Labour Decree III (1990, No. GT 14), which have been issued according to section 20 of the Ordinance in order to allow exceptions from its working and rest time regulations. The Committee requests the Government to provide additional information on the following points in its next report.
Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention. The Committee notes that, similar to the relevant provisions of the Labour Ordinance of 1952, sections 7 and 10 of the Labour Ordinance of 1990 and section 2(1)(a) to (d) of Labour Decree I of 1990 permit derogations to the weekly rest provision made under section 8 of the Ordinance for particular types of work under specific conditions. It also notes that section 10(2) of the Ordinance in case of work on a weekly rest day provides for compensatory rest, as far as possible, and that section 6 of Decree I restricts compensatory rest to cases where workers are not entitled to the monetary compensation stipulated under sections 22 and 23 of the Ordinance. Furthermore, the Committee has taken note of the provisions of collective agreements in the hotel sector relating to work on the weekly rest day.
The Committee requests the Government to indicate the measures taken or envisaged to ensure that all persons covered by special weekly rest schemes or temporary derogations are granted the minimum weekly rest period prescribed by Article 7, paragraph 2, of the Convention, or the compensatory rest provided for under Article 8, paragraph 3, of the Convention.
The Committee notes with regret 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 notes with interest the Government’s report for the period ending 31 May 1997 and requests the Government to provide the detailed information requested in respect of the application of Articles 4, 5 and 6 of the Convention and, in particular, to communicate, as it has indicated it would do so, a list of the exceptions made in respect of work on the weekly rest under sections 7 and 10 of the Labour Ordinance of 1952.
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 reads as follows:
The Committee notes with interest the Government's report for the period ending 31 May 1997 and requests the Government to provide the detailed information requested in respect of the application of Articles 4, 5 and 6 of the Convention and, in particular, to communicate, as it has indicated it would do so, a list of the exceptions made in respect of work on the weekly rest under sections 7 and 10 of the Labour Ordinance of 1952.
The Committee takes note of the Government's last report on the application of the Convention and the information contained in it in reply to its previous direct request. The Committee requests the Government in its next report to provide additional information on the following points.
Article 8, paragraphs 2 and 3, of the Convention. The Government is requested to indicate the results of any consultations and, where applicable, any measures taken or planned with regard to granting compensatory leave of at least 24 hours in cases of temporary exemptions for the reasons set out in the first paragraph of this Article.
Article 11. The Committee, noting the intentions expressed by the Government, trusts that it will be able to provide a list of categories of persons and establishments covered by the special rules concerning weekly rest by virtue of section 20 of the Labour Ordinance of 1952, and to provide information on the circumstances in which temporary exemptions may be granted under the terms of sections 7 and 10 of this Ordinance.
The Committee notes with regret 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 notes with interest the information provided by the Government in its report. The Government is requested to provide further information in its next report on the following point.
Articles 4, 5 and 6 of the Convention. The Committee notes that under section 7 of the Labour Ordinance of 1952 the competent authority may grant permission for the performance of work on the weekly rest day if special circumstances demand; and that under section 10 of the Ordinance exemptions from the provision on weekly rest may also be granted in special cases for particular types of work in particular enterprises to be determined by the competent authority. It also notes that under the collective agreement of 1990 for the Aruba Refinery Rehabilitation Company work up to 60 hours a week, including overtime which may be on Sundays, is permitted. The Government is requested in future reports to indicate any other instances in which special permission has been granted to work on the weekly rest day under sections 7 or 10; and to provide a list of the enterprises which may be subject to the exemptions provided for under section 10. Please also indicate any provisions made in practice under section 10(2) for compensatory rest periods.
The Government is requested to indicate whether the Ordinance of 8 December 1964 and the Decree of 28 September 1966 concerning the status of public officials are still in force in Aruba.
Article 3 of the Convention. The Committee requests the Government to indicate whether it intends to apply the obligations of the Convention to the establishments listed in this Article.
Article 7, paragraph 2. The Committee notes that Decree No. 93 of 20 September 1954 which lays down the general rules for the application of section 20 of the Labour Ordinance of 1952 provides that persons to whom special weekly rest schemes are applied are guaranteed a compensatory rest day in respect of each period of seven days. It has also noted the provisions of two collective agreements in the hotel sector relating to work on the weekly rest day. The Government is requested to indicate whether the Decree is still in force in Aruba and, if not, to indicate the measures taken to ensure that all persons to whom special schemes apply are granted a rest period of at least 24 hours in respect of each period of seven days.
Article 8, paragraph 1. The Committee notes that, under section 7 of the Labour Ordinance, temporary permission may be granted for derogations to the weekly rest provision where particular circumstances may reasonably require. It further notes that exemptions may be granted to the weekly rest provision in emergencies under section 10 of the Ordinance. The Government is requested to indicate the measures taken to ensure that the permission granted under section 7 of the Labour Ordinance to derogate from the weekly rest provision is only granted in case of accident, force majeure or urgent work, in the event of abnormal pressure of work due to special circumstances or in order to prevent the loss of perishable goods.
Article 8, paragraph 3. The Committee notes that, in cases where an exemption has been granted under section 10 of the Labour Ordinance, the rest period on Sundays or equivalent days must, as far as possible, be replaced by a similar rest period. It further notes that there is no provision for compensatory rest in the cases of derogations permitted under section 7. The Government is requested to indicate the measures taken or envisaged to ensure that, where temporary exemptions to the weekly rest provision are made, all persons concerned are granted compensatory rest of a total duration of at least 24 hours.
Article 11. The Government is requested to list the categories of persons and the types of establishments which are subject to special rules concerning weekly rest by virtue of section 20 of the Labour Ordinance and to provide information, in its next report, on the circumstances in which temporary exemptions may have been made under sections 7 and 10 of the Ordinance.
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 following matters raised in its previous direct request, which read as follows:
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 notes with interest the information provided by the Government in its report. The Government is requested to indicate whether the Ordinance of 8 December 1964 and the Decree of 28 September 1966 concerning the status of public officials are still in force in Aruba. The Government is also requested to provide further information on the following points:
Article 3 of the Convention. Please indicate whether it is intended to apply the obligations of the Convention to the establishments listed in this Article.
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 comments under Convention No. 106.
The Committee notes that the Government's report has not been received. It would be grateful if the Government would provide in its next report replies to the questions raised in the report form adopted by the Governing Body of the ILO and supply a copy of the Labour Ordinance of Aruba to which the Government refers in its report.
See Committee's comments under Convention No. 106, as follows:
The Committee takes note of the information of a very general nature contained in the report on the application of the Convention for the period 1986-88. It would be grateful if the Government would provide in its next report replies to the questions raised in the report form adopted by the Governing Body of the ILO and supply a copy of the Labour Ordinance of Aruba to which the Government refers in its report.