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Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Curaçao

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry) and 106 (weekly rest in commerce and offices) together.

Article 1 of Convention No. 14 and Article 2 of Convention No. 106. Scope of application. The Committee notes that the Labour Regulation 2000 excludes from its scope of application the following categories of workers: (i) persons working for shipping companies, and directly related to arrivals and departures of ships and persons and goods transported by such means; and (ii) employees whose gross annual income is more than 260 times the daily wage, referred to in section 8(2) of the National Ordinance Health Insurance. The Committee recalls that Convention No. 14 applies, inter alia, to workers involved in transport of passengers or goods by road, rail, or inland waterway, including the handling of goods at docks, quays, wharves or warehouses, but excluding transport by hand. It also recalls that both Conventions apply to workers irrespective of their level of earnings. The Committee requests the Government to indicate in which manner it ensures that the provisions of the Conventions are given full effect regarding the abovementioned categories of workers excluded from the Labour Regulation 2000.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. In previous comments, the Committee had noted that section 15 of the Labour Regulation provides that, when working on their weekly rest day, workers receive overtime pay. Noting the information provided by the Government in its report regarding the ongoing revision of the Labour Regulation 2000 (P.B. 2000 No. 67), the Committee observes that the draft revised Labour Regulation does not provide for compensatory rest in case of work during the weekly rest day either. Recalling that Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106 require that workers who are deprived of their weekly rest be granted compensatory rest irrespective of any monetary compensation, the Committee requests the Government to take the necessary measures to bring the relevant provisions of the legislation in line with this requirement of the Conventions, and to provide information on any progress made in this respect.

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Article 8(3) of the Convention. Compensatory rest. The Committee takes note of the information communicated by the Government in its report regarding the ongoing process of the administrative restructuring following the dissolution of the Netherlands Antilles in 2010. The Committee understands that the Government pursues its efforts for legislative reform and adopted in January 2012, 13 national ordinances amending the Civil Code. The Committee recalls its previous comments about the need to amend the relevant provisions of the labour legislation with a view to granting a compensatory rest period of a total duration of at least 24 hours, irrespective of any financial compensation, in cases where permanent or temporary exemptions are made to the normal weekly rest scheme. The Committee therefore requests the Government to clarify the current status of the legislation concerning the workers’ entitlement to weekly rest and to provide additional information on the new Civil Code insofar as it may impact on these matters.