Introduction
Every employee is entitled to a day of rest, and this right is safeguarded by means of the appropriate legislation which prescribes employees’ working conditions. In Malta, it is also the norm that Sunday is reserved as a day of rest, and this norm was affirmed during the British rule. The British statute, based upon Canon and Roman Laws, forbade work and commercial activities on Sundays. These laws regulating Sundays (prohibiting work and commerce on Sunday) can be traced back to the time of Emperor Constantine (321), when only certain humanitarian work was exempted. In this respect, there has always been an exception with regard to philantropic activities whose real purpose is not commercial but rather an act of solidarity with those who are in need.
It is worth mentioning the argument brought forward by ‘The Trades and Labour Congress’ in 1950 which states that ‘It is the opinion of the congress that it is not a necessity to work on Sundays. It is a right and not a privilege for an employee to be free from work on a Sunday, which is intended for mankind. Hence we strive and maintain that Sunday should remain a day which is free from work. On reflection, it would transpire that if six persons work seven days, they would be performing the work of seven persons who work for six days. This means that six persons working on Sunday would be jeopardizing the livelihood of the seventh person. This is not even viable to the employer since the seventh day, being a Sunday would entail a higher rate of pay. Furthermore fatigue would reduce efficiency of the employee.
In its convention held in 1921, the World Organization for work, states that every employee must avail himself of 24 consecutive hours of rest weekly and where possible this is awarded to all employees concurrently in accordance with the customs and traditions of the workers.
Sunday is also a Social Day
Sunday must be a day of rest and not another ordinary day of work. Man needs to take a break in order to benefit from a healthy lifestyle and this should be a crucial element of his well-being. During his time of rest, man ought to be able to reflect upon his life, setting aside the problems and stresses related to his work. When a person is accustomed to rest, then he is able to perceive better the demands of his work, He becomes more aware of who he is and he no longer feels that he must exercise his control over everything. He feels better and more relaxed and ready to tackle another week of other work.
The Day of the Lord in the Teaching of the Church
Today more than ever, due to our busy lifestyle we are overlooking the vital need to rest, and the Church continuously reminds us of this necessity. Catholic Social teaching states that rest is a right (Gaudium et Spes). God rested on the seventh day (Gen. 2.2) after working for six days and so even mankind who was created in the image of God is entitled to enjoy a well-deserved rest, have free time to take care of his family, and to participate in cultural, social and religious activities (Gaudium et Spes). This was the main reason behind choosing Sunday as a day of rest (Catechism of the Church)
On Sundays and other holy days, Christians are to refrain from performing work or other similar activities that hinder them from giving due praise to God on such days, or which may restrain them from having compassion for the less fortunate, as well as from relieving both their mind and body. (Catechism of the Church)
We ought to keep Sunday holy by performing good deeds and also by dedicating time to our family and relatives, in particular the sick and elderly. Sunday is a useful day for reflection, study, and silent meditation.. The Catechism also reminds us that on this day we must not forget our brethren who share the same needs and rights as us, but who cannot observe the Sunday rest due to poverty and misery.
Nowadays we tend to neglect our need for spiritual renewal, and while on Sunday importance must be accorded to the family and the poor, nonetheless we need to allocate some time to meet God in silence.
The public authorities are duty bound to safeguard the citizens’ right to enjoy days of repose and to offer praise to God even at the expense of any economic activity. This is specially relevant where employers are concerned. (Rerum Novarum)
In line with their religious beliefs and for the common good, Christians must strive so that Sundays and other holy days practised by the Church be acknowledged as public holidays. “Christians must lead by example through their prayers and evident joy during these days, and defend their traditions by contributing towards the creation of a spiritual society (Catechism of the Church) The Catechism of the Church urges Christians to work so that our society may retain both religious and spiritual beliefs.
Sunday is a day of rest but due to social needs, there remain certain sectors with the labour market such as health, tourism, public transport and security, where workers have to perform work also on Sundays.
In this regard the Catechism of the Church number 2187 states that “Sanctifying Sundays and holy days requires a common effort. Every Christian should avoid making unnecessary demands on others that would hinder them from observing Sunday, the Day of the Lord’s. Traditional activities (sport, restaurants, etc.), and social necessities (public services, etc.), require some people to work on Sundays, but everyone should still take care to set aside sufficient time for leisure. In spite of economic constraints, public authorities should ensure citizens a time intended for rest and divine worship. Employers have a similar obligation toward their employees.”
Everyone is in Need of Rest
Health does not only imply physical health but as explained by the commission for mental health and well being, it goes hand in hand with mental health. The World Health Organization defines mental health as: “a state of sound living whereby one recognises one’s own capabilities, is able to cope with the stress encountered in the daily life, is able to work and donate his own contribution to society’. Recent studies conducted by the Director General of Health and Consumers state that mental health is affected by policies that concern family life, mental health also includes the capablilty to participate in social life, and generates the ability for one to grow spiritually. This study fits in well with the argument that Sunday as a day which is free from work is vital for the overall health of workers.
Sunday is the day of the family. More than any other day, it is so when one takes into account that schools and governement departments are closed on Sundays, enabling the family to be more united. According to the Directives of the European Council Article 10 (22nd June 1994) Sunday is a day of rest for both children and youth. But if the father’s day of rest on a Monday, and that of the mother falls on a Wednesday, how can the family be united when at the same time it is stated that Sunday should be a day of rest for children. Sunday is a social day for the worker a day in which he can participate in social, cultural, sports activities. If Europe, and with particular reference to our country, desires to strengthen social life, it must observe and protect Sunday.
Nowadays, Europe should act as the social model, leading by example and demonstrating to all other States the way in which Sunday should be respected. Its own officials and those responsible for decision making, together with all other institutions within the European Union do not work on Sunday and it is not forseen that they will do so in the near future. This practice should be acknowledged by all of Europe and should serve as an example to all the other European Member States to retain this European social model and observe Sunday as a day of rest.
For most Europeans, not only Christians, Sunday serves as an opportunity to pause and reflect on fundamental questions of life: Who am I? Where am I heading? What are my goals? Man is in need of time which cannot be calculated or defined or expressed in economic terms.
Eurofound has conducted a study on both those who work and those do not work on Sunday, and found that the former are more prone to avail themselves of sick leave and to absent themselves from work.
Sunday is precious both for Europe and Malta alike and we all are obliged to recognise this religious and cultural tradition that was passed on from our ancestors. We must endeavour to nurture it both for the good of the employee and also for the beneifit the country’s economy.