Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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.