Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Weekly Rest (Industry) Convention, 1921 (No. 14) - China (Ratification: 1934)

The Committee notes with interest the adoption of the Labour Act, dated 5 July 1994, which came into force on 1 January 1995. The Committee requests the Government to provide additional information, in its next report, on the following points:

Articles 4 and 5 of the Convention. The Committee notes that section 39 of the Labour Act permits exceptions to the right to a weekly day of rest, with the approval of the labour administrative department, where an enterprise, due to its special production nature, cannot grant a weekly rest day required under section 38 of the Act. The Committee requests the Government to provide information on the practical application of exceptions permitted under section 39 of the Labour Act, indicating instances in which special permission has been granted to work on the weekly rest day, and on any consultations with the responsible associations of employers and workers which have occurred in this regard.

The Committee also observes that section 44 of the Labour Act provides that labourers receive no less than 200 per cent of the normal wages if extended hours are arranged on days of rest and no deferred rest can be taken. The Committee recalls that Article 2 of the Convention provides that the whole of the staff employed in industrial undertakings should enjoy in every period of seven days, a period of rest comprising of at least 24 consecutive hours, subject to exceptions allowed under Article 4 of the Convention. It therefore requests the Government to indicate the measures taken to ensure compensatory rest periods are granted when exemptions from the provisions on weekly rest have been applied pursuant to section 39 of the Act.

Article 6. The Committee requests the Government to furnish a list of the exceptions made under Article 4 of the Convention.

Article 7. The Committee requests the Government to indicate what legislative provisions give effect to Article 7 of the Convention and to supply models of notices established in accordance with this Article.

Points III and V of the report. The Committee requests the Government to supply further information with its next report on the working of inspection in respect of weekly rest, including relevant extracts from inspection reports and statistics on the number and nature of any contraventions of the Labour Act's weekly rest provisions.