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

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

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.