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

Weekly Rest (Industry) Convention, 1921 (No. 14) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Other comments on C014

Direct Request

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Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comments, the Committee notes that the Government in its report indicates that: (i) the existing provisions of the Employment Ordinance (EO) (Chapter 57) stipulates that no employers shall require an employee to work on any of his rest days except in the event of breakdown of machinery or plant or other unforeseen emergency of any nature and in which case, the employer shall arrange compensatory rest days for the employee within a specified period (section 19 of the EO); and (ii) employees who are deprived of their statutory rest days or are required to work involuntarily on their rest days wholly or partially may file a complaint through various means, including anonymously, to the Labour Department (LD). Nevertheless, the Committee observes that Government does not indicate whether the compensatory rest prescribed under section 19(3) of the EO also applies to employees working voluntarily on rest days either at their own request or at their employers’ request under section 20 of the EO. Therefore, the Committee requests the Government to confirm whether the compensatory rest foreseen in section 19(3) of the EO, irrespective to any monetary compensation, is also granted to employees working voluntarily either at their own request or at their employer’s request under section 20 of the EO.