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

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

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.