Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Bahamas (Ratification: 1976)

Autre commentaire sur C014

Demande directe

Afficher en : Francais - EspagnolTout voir

Article 2(2) and (3) of the Convention. Weekly rest day. Further to its previous comment, the Committee notes the Government’s indication that no measures have been adopted or are envisaged to determine the days during which weekly rest will normally be taken under section 9 of the Employment Act. The Government states that such a provision is unnecessary because most enterprises are already closed every Sunday and, therefore, most workers observe that day as a day of rest. The Government further refers to the Public Holidays Act which nonetheless concerns the closing of all public offices, banks and shops on Sundays and is, therefore, not applicable to industrial undertakings. Noting the Government’s indication that amendments to section 9 of the Employment Act are currently being contemplated in Parliament, the Committee hopes that the Government may take this opportunity to bring its legislation in line with the spirit and letter of the Convention.

Articles 4 and 5. Total or partial exceptions – Compensatory rest. The Committee notes the Government’s indication that it has not established, nor is it anticipated that the Government will establish, any exceptions to the normal system of weekly rest or any consequential provisions for a compensatory period of rest, because there is already a high level of compliance throughout the country with the statutory provisions on weekly rest. In this regard, the Committee recalls that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule (such as those provided for in section 8 and the Second Schedule of the Public Holidays Act) would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee also recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), that the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of these Articles of the Convention.