Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Chine - Région administrative spéciale de Macao (Ratification: 1999)

Article 6(2) and (3) of the Convention. Simultaneous weekly rest and the day of weekly rest. In its previous comment, the Committee had noted the observations of the International Trade Union Confederation (ITUC), which alleged that certain provisions of the Labour Relations Law represented a particular risk of abuse. In this respect, the ITUC observed that section 42(2) allows flexible arrangements of four paid rest days in every four weeks, if the employer and the employee so agree, and section 43(3) permits workers to work voluntarily on a weekly rest day and receive either a compensatory rest day within 30 days or one day’s basic salary. The ITUC alleged that it would be very difficult to verify the “voluntary” character of the worker’s decision which may easily be falsified under the pressure of the employer. Finally, the Committee noted that simultaneous weekly rest was an essential principle of the Convention and requested the Government to consider favourably the adoption of legislative measures to provide that the weekly rest period shall, wherever possible, be granted simultaneously to all persons concerned.

The Committee notes the Government’s reply to the observations of ITUC, received on 15 January 2014, in which the Government indicates that a flexible weekly rest scheme is important in industries that carry out continuous economic activities. In this respect, the Committee notes the 2013 statistical information contained in Government’s reply, according to which 66 per cent of employees (approximately 225,000 out of 364,300) were employed in such industries, including services in wholesale and retail, hospitality and catering, gambling, construction, transport, storage and communication. While noting the Government’s explanation, however, the Committee recalls that a day of weekly rest provided simultaneously to all workers is necessary to enable them to draw full benefit of the weekly break in terms of family and social life. Noting the Government’s indication that it is currently reviewing its Labour Relations Law, the Committee requests the Government to take appropriate measures to ensure that the weekly rest period should be granted simultaneously to all workers.

Article 7 (read in conjunction with Article 11(a)) and Article 8. Permanent and temporary exceptions. Compensatory rest. The Committee recalls its previous comments concerning section 42(2) of the Labour Relations Law, which permits the parties to agree to replace the frequency of weekly rest with a period of four paid rest days for every four weeks of work, and section 43(4)(1) and (2), which permits employees to volunteer to work on a weekly rest day and receive monetary compensation in return. The Committee notes, in this respect, that the Government has provided no further explanations concerning how social (as well as economic) considerations were taken into account when formulating special weekly rest schemes or how it was ensured that the types of establishments subject to weekly rest schemes are limited to those expressly covered by the schemes; rather, the Government merely repeats the economic considerations that manifested the above provisions. The Committee recalls that, firstly, the Convention permits the application of special weekly rest schemes, where appropriate, only to specified categories of persons or specified types of establishments, regard being paid to all proper social and economic considerations. Secondly, it requires compensatory rest to be granted in all cases of temporary exemptions to the normal weekly rest schedule, irrespective of any financial compensation. Finally, the duration of the rest period should be no later than three weeks under Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103). The Committee accordingly requests the Government to take measures to revise its Labour Relations Law without delay to regulate any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of these Articles of the Convention.