Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s report, including the information on the matters raised in its previous comments. It also takes note of the Labour Ordinance of 1990 and Labour Decree I (1990, No. GT 58), Labour Decree II (1990, No. GT 59) and Labour Decree III (1990, No. GT 14), which have been issued according to section 20 of the Ordinance in order to allow exceptions from its working and rest time regulations. The Committee requests the Government to provide additional information on the following points in its next report.

Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention. The Committee notes that, similar to the relevant provisions of the Labour Ordinance of 1952, sections 7 and 10 of the Labour Ordinance of 1990 and section 2(1)(a) to (d) of Labour Decree I of 1990 permit derogations to the weekly rest provision made under section 8 of the Ordinance for particular types of work under specific conditions. It also notes that section 10(2) of the Ordinance in case of work on a weekly rest day provides for compensatory rest, as far as possible, and that section 6 of Decree I restricts compensatory rest to cases where workers are not entitled to the monetary compensation stipulated under sections 22 and 23 of the Ordinance. Furthermore, the Committee has taken note of the provisions of collective agreements in the hotel sector relating to work on the weekly rest day.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that all persons covered by special weekly rest schemes or temporary derogations are granted the minimum weekly rest period prescribed by Article 7, paragraph 2, of the Convention, or the compensatory rest provided for under Article 8, paragraph 3, of the Convention.