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Article 2 of the Convention. Scope of application. Further to its previous comment concerning the legislation applicable to domestic workers, the Committee notes the Government’s indication that the new draft Law on Labour Relations, which will also apply to domestic workers, is currently being examined by the Legislative Assembly and that the draft Law should be adopted very soon. The Committee requests the Government to keep the Office informed of any development in this respect and to provide a copy of the new legislative text once it has been adopted.
Article 6, paragraphs 2 and 3. Simultaneous weekly rest and the day of weekly rest. The Committee notes the Government’s explanations to the effect that economic transformations and the needs of the service industry make it difficult to assign a fixed day of weekly rest. The principle of simultaneous weekly rest is however an essential principle of the Convention, which also conditions the existence of permanent and temporary exemptions, as envisaged in Articles 7 and 8 of the Convention. The Committee therefore considers that, in the same way as Article 192 of the General Regulations for the Public Administrative Personnel in Macau, which provides that Saturday and Sunday are the days of weekly rest, Decree-Law No. 24/89/M should contain an analogous provision. It accordingly requests the Government to consider favourably the adoption of legislative measures to designate the day of rest established by traditions or customs as the weekly day of rest, and to provide that the weekly rest period shall, wherever possible, be granted simultaneously to all the persons concerned in each establishment, as required by this Article of the Convention.
Article 7 (read in conjunction with Article 11(a)). Special weekly rest schemes. The Committee notes the Government’s indication that, although section 18 of Decree-Law No. 24/89/M – which establishes that whenever the regulation respecting the weekly rest period of 24 hours cannot be applied by reason of the nature of the economic activity, workers shall benefit from a period of four consecutive days’ rest in every four weeks – does not enumerate the sectors, professions and activities concerned, this does not imply that employers may freely delay the weekly rest, as the enterprise has to justify itself by providing proof that the normal weekly rest scheme cannot be applied before an exception may be granted. In this respect, the Committee wishes to recall that special weekly rest schemes are subject to the requirements set out in Article 7 of the Convention, namely: (i) special schemes have to have regard to all proper social and economic considerations; (ii) all persons to whom such special schemes apply shall be entitled, in respect of each period of seven days, to rest of a total duration at least equivalent to the period provided for in Article 6, that is 24 hours; and (iii) any measures regarding the application of special weekly rest schemes shall be taken in consultation with the representative employers’ and workers’ organizations concerned. Furthermore, Article 11(a) of the Convention provides that each Member shall provide lists of the categories of persons and the types of establishment subject to special weekly rest schemes. The Committee therefore reiterates its request and asks the Government to indicate: (i) the manner in which social, and not only economic considerations are taken into account in the context of special weekly rest schemes; (ii) the measures which ensure to the workers concerned a weekly rest period of a total duration of 24 hours for each period of seven days; and (iii) the types of establishment currently subject to special weekly rest schemes, with an indication of the number of workers covered by these schemes and an explanation as to why the weekly rest day is delayed.
Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government for the period 2003–06. The Committee requests the Government to continue providing general information on the application of the Convention in practice, including statistics on the number of workers covered by the legislation giving effect to the Convention, extracts from reports of the inspection services indicating the number of contraventions reported to the rules relating to the weekly rest period and the penalties imposed, copies of collective agreements containing clauses on the weekly rest period, etc.
The Committee notes with interest the Government’s first report on the application of the Convention and wishes to draw attention to the following points.
Article 2 of the Convention. The Committee notes the Government’s statement that workers carrying out domestic work are excluded from the scope of Legislative Decree No. 24/89/M because domestic work used to be carried out solely by non-resident workers although this is no longer the case. The Government indicates that in order to remedy this situation, domestic workers will come within the scope of the new draft labour law which is currently at an advanced stage of the legislative process. The Committee requests the Government to provide full information on the legislative changes once they have become effective and to forward a copy of any relevant text.
Article 6, paragraphs 2 to 4. The Committee notes that there seems to be no legislative provision dealing with the issues of simultaneous weekly rest for all the persons concerned in each establishment, the regular day of rest established by tradition or custom, and the respect for the traditions and customs of religious minorities in matters of weekly rest. It therefore requests the Government to supply additional explanations on these points. Moreover, the Committee notes that according to the Government’s report, civil servants are entitled to two weekly rest days, i.e. Saturday and Sunday. It therefore asks the Government to specify the legal provisions regulating the weekly rest for civil servants and to transmit a copy of any relevant text.
Article 7, paragraph 1, read in conjunction with Article 11(a). The Committee notes that under section 18 of Legislative Decree 24/89/M, where it is not feasible to apply the 24-hour weekly rest rule due to the nature of the sector of economic activity, workers must be given a rest of four consecutive days for each four-week work period. In this connection, the Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. It accordingly requests the Government to specify the types of establishments which are currently subject to special weekly rest schemes, the number of workers affected by those schemes and the reasons for the deferral of the rest day.
Article 8, paragraph 2. While noting the general indications provided by the Government in its report with regard to the role of the tripartite Council of Social Consultation in formulating socio-labour policies, the Committee requests the Government to clarify the manner in which the employers’ and workers’ organizations concerned were consulted in determining the circumstances in which temporary exemptions may be granted.
Part V of the report form. The Committee would thank the Government for continuing to provide general information on the application of the Convention in practice, including for instance statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number and nature of contraventions reported, full particulars on authorized cases of postponement of the rest day or temporary exemptions, etc.