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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 4, 5 and 6 of the Convention. Exceptions to weekly rest. Compensation. Consultation. Following its previous comments on the flexible working time schemes provided for by the Measures for the Examination and Approval of Flexible Working Hours Arrangement and Consolidated Hours Scheme (No. 503), 1994 (hereinafter, Approval Measures), the Committee notes that the Government indicates in its report that: (i) in accordance with the provisions of section 39 of the Labour Law and the Approval Measures, if an enterprise cannot implement the standard working-hour system due to its production characteristics, with the approval of the labour administrative department, it can implement other work and rest systems such as the integrated working hour system; (ii) the integrated working hour system is mainly applicable to the positions that need continuous work within a certain period of time, such as those in transportation, railway, post and telecommunications, water transportation, aviation, fishery and other sectors, as well as the positions in the sectors that require to arrange concentrated work and concentrated rest due to seasonal and natural conditions, such as the positions in geological and natural resource exploration, construction, salt making, sugar making, tourism and other sectors; (iii) if an enterprise makes the workers who follow the integrated working hour system work on official holidays, they shall pay overtime wages according to the standard of extended working hours on official holidays; (iv) the departments of human resources and social security at all levels have strictly enforced the approval procedures, requiring enterprises to fully consult their employees and the trade union of the enterprise, failure to which will result in disapproval; (v) if an employer infringes upon the rights of workers to rest and remuneration, he or she will be punished according to law, and workers have the right to safeguard their rights and interests by complaining to the labour inspectorate and applying for arbitration of labour disputes; and (vi) from 2013 to 2021, labour inspectorates at all levels have investigated and dealt with a total of 120,000 cases of various violations of working hours and provisions on rest and vacation, including violations of the provisions on weekly rest. In this respect, the Committee observes that according to section 44 of the Labour Law, overtime compensation, including work during weekly rest, shall be paid if no compensatory rest is granted, and that the Approval measures do not seem to contain provisions regarding the granting of compensatory rest in case of work during the weekly rest period. The Committee recalls that Article 5 of the Convention requires workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation, in order to protect the physical and mental health of workers. The Committee therefore requests the Government to take the necessary measures to ensure that in law and in practice, compensatory rest is granted to workers who are required to work in their weekly rest day. It also requests the Government to continue making every effort to ensure that authorizations to work during the weekly period are granted, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers. It finally requests the Government to provide information on any progress made in this respect, including regarding the activities of the labour inspectorate to prevent and sanction infringements to workers’ weekly rest entitlements.

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

Article 2 of the Convention. Normal weekly rest scheme. In its previous comment, the Committee had noted that the International Trade Union Confederation (ITUC) indicated that the workers’ entitlement to weekly rest was easily undermined by employers using national and local rules on flexible and consolidated working-hour schemes to exclude workers from the legal protection on rest and compensation. The ITUC also indicated that, under those schemes, which had become commonplace and even the norm in an increasing number of sectors, weekly rest could be replaced by “consolidated rest” arranged unilaterally by employers based on business considerations. The ITUC further alleged that exemptions were often granted by the Ministry of Human Resources and Social Security with the mere “paper consent” of the enterprise trade union without prior proper consultations with workers. The Committee had also noted that the ITUC referred to the Measures for the Examination and Approval of Flexible Working Hours Arrangement and Consolidated Hours Scheme, adopted in 1995, which allowed for the averaging of hours of work without, however, guaranteeing a reasonable weekly rest day arrangement. Instead of specifying the right to compensatory leave with respect to every seven-day period, the Measures referred vaguely to “consolidated work and consolidated rest” and, as a result, employees were easily misled by their employers to confuse compensatory leave with annual leave. It had further noted that according to the ITUC, employees were underpaid or not paid at all for performing work on their weekly rest day which should entitle them to 200 per cent of the normal hourly rate under the Labour Law. The Committee once again requests the Government to transmit its comments in reply to the observations of the ITUC and to provide further information on the manner in which weekly rest is ensured in law and practice.

In addition, in its previous comment, the Committee had noted that the ITUC referred to new draft national legislation on working hours which had been prepared by the Ministry of Human Resources and Social Security in May 2012, and, in particular, to draft section 10 providing for one 24-hour rest day in every period of two weeks in the case of consolidated working hours schemes. The Committee would appreciate receiving up-to-date information on the status of the above-referenced draft legislation and requests the Government to continue to provide information in this regard.

Articles 4 and 6. List of exceptions. With reference to its previous comment on the weekly rest arrangements applicable in specific industries (including railway, petroleum and chemistry, power generation, press and publishing, civil aviation, metallurgy, banks, tobacco and shipbuilding) and the conditions set out in the Convention that any exceptions to the general standard must comply with (i.e. due regard for all proper humanitarian and economic considerations and prior consultations with the employers’ and workers’ representative organizations concerned), the Committee notes the Government’s indications that the labour administration authorities adopted strict review and examination procedures for the approval of special working hours, which include the consultation in writing of trade unions of enterprises. It recalls, however, that the ITUC alleged that exemptions were often granted by the Ministry of Human Resources and Social Security with the mere “paper consent” of the enterprise trade union without prior proper consultations with workers. The Committee once again requests the Government to provide more information on the weekly rest arrangements applicable in these specific industries. In particular, it requests the Government to indicate how these provisions of the Convention are ensured in law and practice.

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

Article 2 of the Convention. Entitlement to weekly rest. The Committee notes the comments of the International Trade Union Confederation (ITUC), which were received on 1 September 2013 and transmitted to the Government on 20 September 2013, concerning the application of the Convention. In its observations, the ITUC draws attention to the fact that the workers’ entitlement to weekly rest in China is easily undermined by employers using national and local rules on flexible and consolidated working-hour schemes to exclude workers from the legal protection on rest and compensation. The ITUC indicates that, under those schemes, which have become commonplace and even the norm in an increasing number of sectors, weekly rest may be replaced by “consolidated rest” arranged unilaterally by employers based on business considerations. The ITUC further alleges that exemptions are often granted by the Ministry of Human Resources and Social Security with the mere “paper consent” of the enterprise trade union without prior proper consultations with workers.

Moreover, the ITUC refers to the Measures for the Examination and Approval of Flexible Working Hours Arrangement and Consolidated Hours Scheme, adopted in 1995, which allow for the averaging of hours of work without however guaranteeing a reasonable weekly rest day arrangement. Instead of specifying the right to compensatory leave with respect to every seven-day period, the 1995 Measures refer vaguely to “consolidated work and consolidated rest” and, as a result, employees are easily misled by their employers to confuse compensatory leave with annual leave. Furthermore, according to the ITUC, employees are underpaid or not paid at all for performing work on their weekly rest day which should entitle them to 200 per cent of the normal hourly rate under the Labour Law. Finally, the ITUC refers to new draft national rules on working hours which have been prepared by the Ministry of Human Resources and Social Security in May 2012 and draws particular attention to draft section 10 providing for one 24-hour rest day in every period of two weeks in the case of consolidated working hours schemes. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the ITUC. The Committee also requests the Government to respond to the points raised in the previous direct request regarding the application of Articles 2, 5 and 6 of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraphs 2 and 3, of the Convention. Normal weekly rest scheme. The Committee notes that there seems to be no legislative provision dealing with the issues of simultaneous, wherever possible, weekly rest for all the persons concerned in the same establishment, and the regular day of rest established by tradition or custom, as prescribed by this Article of the Convention. It therefore requests the Government to supply additional explanations on this point.

Article 5. Compensatory rest. The Committee notes that, in a letter of 10 September 1997, which was cited in the Government’s previous report, the Ministry of Human Resources and Social Security instructed that under section 44 of the Labour Act workers must be given a compensatory rest in case of work performed on their day of weekly rest equal to the number of hours worked on that rest day, and that monetary compensation at double the regular rate must be given if compensatory rest proves impossible. The Committee accordingly understands that workers may be deprived for a long time of the entitlement to a compensatory rest of 24 hours, as prescribed by Article 2 of the Convention. This, of course, would amount to practically denying their entitlement to the minimum period of weekly rest. The Committee therefore requests the Government to reconsider the manner in which compensatory rest is regulated in law and practice, in particular with a view to ensuring that compensatory rest is of a duration equivalent to the normal 24-hour period and also that compensatory rest is granted within a reasonable time after the work on the weekly rest day is performed.

Article 6. List of exceptions. The Committee notes the Government’s report and attached documents, in particular, the list of enterprises authorized by the Ministry of Human Resources and Social Security to adopt a system of flexible working hours or a system of consolidated working hours in the period 2003–08. It recalls, however, that, as indicated by the Government in an earlier report, entire sectors including railway, petroleum and chemistry, power generation, press and publishing, civil aviation, metallurgy, banks, tobacco and shipbuilding have received the permission to implement flexible working hour systems. The Committee would appreciate receiving more detailed particulars on the weekly rest arrangements applicable in these industries and, in particular, how it is ensured at both the central and the provincial levels: (i) that social and not only economic considerations are taken into account in authorizing total or partial exceptions from the normal weekly rest scheme, and (ii) that the representative organizations of employers and workers are properly consulted in this regard.

Part V of the report form. Application in practice. The Committee notes the aggregate statistics provided by the Government on contraventions concerning hours of work, weekly rest and annual holidays recorded during the period
2003–08. It would appreciate if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results at the central and local levels showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses on weekly rest, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 6 of the Convention. The Committee notes the Government’s indication that the list of the exceptions made under Articles 3 and 4 of the Convention is still in preparation because the enterprises in China which apply flexible and consolidated working hours continue to be subject to approval and registration by their respective levels of labour administration, and the Ministry of Labour and Social Security has yet to achieve the overall registration of these enterprises. The Committee trusts that a detailed list will be communicated with the Government’s next report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the report of the Government.

Articles 4 and 5 of the Convention. Referring to its previous comments, the Committee notes the Measures of examination and approval on the introduction by enterprises of the flexible working hour system and the system of consolidated calculation of working hours ("the Measures"). These Measures authorize exceptions from the weekly rest stipulated for enterprises and stipulate that the exceptions are examined, approved and registered by labour departments on the corresponding level. Section 44(2) of the Labour Act provides that work on weekly rest days has to be compensated through higher remuneration if no deferred rest can be taken. In its reply to the direct request the Government indicates that article 6 of the Measures provides for the duty of enterprises to ensure the workers and staff the right to rest through appropriate measures. The Committee wishes to draw the Government’s attention to the provisions of Article 5, which provide that every Member shall make "as far as possible" provisions for compensatory periods of rest for exceptions made under Article 4. The Committee therefore would like to receive further information on how the national legislation ensures compensatory rest in case of the authorized exceptions in accordance with the Measures.

Article 6. The Measures provide for the opportunity to determine several exceptions to sections 36 and 38 of the Labour Act and allow industries to implement a flexible working hour system. The Committee notes that the Government cannot supply a list of exceptions because they are determined by the labour administration departments of various levels. Referring to section 7 of the Measures it requests the Government to undertake efforts to furnish in its next report a detailed list required by Article 6.

Parts III and V of the report form. Please provide in the next report in particular information on the organization and working of inspection in respect of weekly rest other than the regulation under section 55-58 of the Labour Act and give full information on Part V of the report form including statistics and the number and nature of any contraventions of the Labour Act’s weekly rest provisions.

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

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its preceding direct request, the Committee notes with interest that a new Regulation on Labour Safety and Health will contain a provision establishing a system of eight-hour workdays and not more than 48-hour work-weeks. The Committee recalls, as discussed in paragraphs 115 through 117 of its 1984 General Survey on Working Time, that the Convention does not provide for any specific method of application but requires ratifying Members to bring its provisions into operation and to take such action as may be necessary to make them effective. Accordingly, the Committee hopes the next report will include full information, as requested in the report form approved by the Governing Body, indicating the action taken to give effect to the Convention, and the progress achieved in making more explicit requirements concerning weekly rest periods through the envisaged unified legislation on weekly rest in industrial enterprises. Please provide a copy of any new legislation adopted.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee takes note of the information furnished by the Government in its report on the application of the Convention. It notes in particular with interest the Government's statement that in order to strengthen labour legislation and improve the situation, more explicit and unified provisions on weekly rest in industrial enterprises will be made. The Committee hopes that these steps will be taken soon and that the Government will report any progress made in this connection.