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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Montserrat

Articles 2 and 5 of the Convention. Entitlement to weekly rest – Compensatory rest periods. The Committee recalls its previous comments, in which it noted that the Employment Act did not contain provisions requiring employers to grant workers employed by them a period of weekly rest of at least 24 consecutive hours. The Committee notes with satisfaction that section 34(1) of the new Labour Code 2012, which repealed the Employment Act (Cap.15:03), lays down for the first time the employer’s obligation to grant, except for emergencies, to his or her employees a period of rest comprising at least 24 consecutive hours in each week. The Committee also notes that under section 36(1) of the Labour Code, read in conjunction with section 36(6), workers who perform work on public holidays are remunerated at double their normal pay rate except for shift employees who are granted compensatory time off. The Committee therefore requests the Government to specify whether provision is made for compensatory rest for: (i) workers who are required to work on their weekly rest day because of an emergency, as provided for in section 34(1); (ii) workers who work on Sunday and normally receive cash compensation under sections 36(1) and 40(2); and (iii) workers whose day of weekly rest happens not to fall on Sunday and are therefore not entitled to any extra payment.