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

Hours of Work (Industry) Convention, 1919 (No. 1) - China - Macau Special Administrative Region (Ratification: 1999)

Articles 2, 5 and 6 of the Convention. Daily and weekly limits of hours of work. The Committee notes section 22 of the Labour Relations Law (Act No. 7/2008 of 1 January 2008) which permits, by way of agreement between the employer and employee, the hours of work to exceed the statutory eight hours per day and 48 hours per week, provided that the employee will have ten consecutive hours and a total of not less than 12 hours of rest per day, and that the working hours will not exceed 48 hours per week. The Committee recalls, in this respect, its previous comment in which it drew the Government’s attention to the requirements of the Convention that any exceptions to the normal duration of working hours in national legislation and practice constitute an “exceptional case” where it is recognized that the eight-hour and 48-hour limits cannot be applied (owing to pressure of work). While noting the Government’s explanation that the provision ensures an equitable distribution of hours over the work week by maintaining minimum levels of rest, the Committee is bound to repeat its earlier comment that, even for those specific exceptions to maximum working hours set out under Article 2(b) and (c), the Government must still ensure that the average number of hours over a period of three weeks or less does not exceed eight hours per day in addition to 48 hours per week. Further, the Committee recalls that any such exceptions also require prior consultation with the organizations of employers and workers concerned, and emphasizes again that an individual agreement between the employer and the employed person does not offer the adequate guarantees required by the Convention. Concerning the exceptions to the hours of work provided for under Article 4 for necessarily continuous processes, the Committee notes the Government’s statement that it is not in the position to provide the requisite list of such processes under Article 7(1). The Committee accordingly requests the Government to indicate how it ensures that the working hours of employees over the course of three weeks do not exceed the eight hour per day maximum, as required under Article 2(c) of the Convention. The Committee draws the Government’s attention in this respect to Part V, as well as to paragraphs 227 and 228 of its General Survey of 2005 on hours of work, which provides further explanations and examples of good practice with respect to the procedures for the authorization of extension of working hours.