Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Caribbean Part of the Netherlands

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 4, 5, 6 and 8 of the Convention. Working time of hotel and restaurant workers. Paid leave. Tips. Implementation in practice. The Committee recalls that, with respect to Bonaire, St Eustatius and Saba, the Convention is given effect through the general labour legislation. In particular, the Labour Decree for Hotels, Restaurants and Casinos 2000 BES regulates matters related to working hours, weekly and daily rest, and overtime in relation to workers employed at hotels, restaurants and casinos. With regard to the regulation of night work, the Government indicates that all parts of section 12 of the Labour Act 2000 BES, except for paragraph 3, apply to employees in the hotel, restaurant and casino sectors, limiting night-work shifts to a maximum of eight hours, to be followed by 12 uninterrupted rest hours. The Government considers that the legislation strikes a balance between the need to provide for the performance of night work while providing protection for the employee. The Committee recalls that section 2(1)(c) of the Labour Decree does not entitle workers in the hotel and restaurant sectors to the minimum of five public holidays per calendar year, notwithstanding section 9(2)(d) of the Labour Act. In this respect, the Government indicates that for the hotel, restaurant and casino sectors, holidays often involve extra work, which presupposes the availability of the employee to perform this work during public holidays. It adds that while employees in these sectors do not have the right to the minimum public holidays, this is compensated by overtime compensation provided for under section 2(1)(n) of the Labour Decree for hotels, restaurants and casinos 2000 BES. With regard to entitlements to paid annual leave for workers in these sectors, the Government refers to section 2 of the Holiday Act 1949 BES, which sets out the length of the holiday entitlement. In addition, with respect to the requirement concerning provision of sufficient advance notice of working schedules to enable the workers concerned to organize their personal and family lives accordingly (article 4(4)), the Government indicates that this requirement is met by section 28 of the Labour Act 2000 BES. The Committee notes that section 28 requires the employer to publish in the workplace a list setting out, inter alia, actual working hours or patterns of work, but does not address provision of sufficient advance notice of working schedules as contemplated in article 4(4). In response to the Committee’s request regarding the manner in which it is ensured that the workers concerned receive a basic remuneration (regardless of tips), that is paid at regular intervals, the Government indicates that section 1614(l) of the Civil Code BES regulates the payment of remuneration. The Committee requests the Government to provide information on the practical application of the above-mentioned provisions to workers employed in hotels and restaurants, including information on rate of remuneration for overtime hours and on the number of additional hours performed on average in the hotel and restaurant sectors. The Committee also requests the Government to transmit information, including statistics disaggregated by sex and age, on the number of workers covered by the relevant legislation, copies of applicable collective agreements, extracts from labour inspection reports, and official studies or surveys concerning the employment conditions in the hotel and restaurant sectors or any difficulties experienced in the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 4(2) and (4), and 5(2) and (3) of the Convention. Working time of hotel and restaurant workers. The Committee notes the Government’s indication in its report that with respect to Bonaire, St Eustatius and Saba – which as from October 2010 have become the Caribbean part of the Kingdom of the Netherlands – the Convention is applied through the general legislation such as the Labour Act 2000 BES, as last amended in 2013, the Holidays Act 1949 BES, the Minimum Wage Act BES, the Health Insurance Act BES, the Accident Insurance Act BES, the Severance Pay Act BES, and other acts. It also notes that the Labour Decree for Hotels, Restaurants and Casinos 2000 BES regulates matters related to working hours, weekly and daily rest, and overtime specifically for workers employed at hotels, restaurants and casinos. The Committee requests the Government to provide additional information as to how night work is regulated as regards workers at hotels, restaurants and casinos, as section 2(1)(g) of the Labour Decree exempts these workers from the scope of application of the relevant provision (section 12) of the Labour Act without providing for conditions applicable to them. It also requests the Government to clarify whether the workers concerned may not be entitled to public holidays at all, in view of section 2(1)(c) of the Labour Decree, which provides that the workers concerned are not entitled to at least five public holidays per calendar year, notwithstanding section 9(2)(d) of the Labour Act. It further requests the Government to explain how annual leave with pay for these workers is regulated as neither the Labour Act or the Labour Decree appear to address this issue. Please also explain how it is ensured that, where possible, the workers concerned shall have sufficient advance notice of working schedules to enable them to organize their personal and family life accordingly.

Article 6. Tips. As the Labour Decree for hotels, restaurants and casinos 2000 BES does not appear to contain specific provisions, the Committee requests the Government to explain how it is ensured that, regardless of tips, the workers concerned receive a basic remuneration paid at regular intervals, as required under this Article of the Convention.