"In accordance with the Joint
Declaration of the Government of the People's Republic of China and the
Government of the Republic of Portugal on the Question of Macao signed on 13
April 1987, the Government of the People's Republic of China will resume the
exercise of sovereignty over Macao with effect from 20 December 1999. Macao
will, with effect from that date, become a Special Administrative Region of the
People's Republic of China and will enjoy a high degree of autonomy, except in foreign
and defence affairs, which are the responsibilities of the Central People's
Government of the People's Republic of China.
In this connection, I am instructed by the
Minister of Foreign Affairs of the People's Republic of China to inform Your
Excellency of the following:
Convention concerning the Application of
the Weekly Rest in Industrial Undertakings (No. 14), 1921, (hereinafter
referred to as the "Convention"), to which the Government of the
People's Republic of China acceded on 11 July 1984, will apply to the Macao
Special Administrative Region with effect from 20 December 1999.
The Government of the People's Republic of
China will assume the responsibility for the international rights and
obligations arising from the application of the Convention to the Macao Special
Administrative Region. "
Convention concerning the Application of the Weekly Rest in Industrial Undertakings
(ILO No. 14)
(Adopted at Geneva on 17
November 1921)
The General
Conference of the International Labour Organisation,
Having been
convened at Geneva by the Governing Body of the International Labour Office,
and having met in its Third Session on 25 October 1921, and
Having decided upon
the adoption of certain proposals with regard to the weekly rest day in
industrial employment, which is included in the seventh item of the agenda of
the Session, and
Having determined
that these proposals shall take the form of an international Convention,
adopts the
following Convention, which may be cited as the Weekly Rest (Industry) Convention,
1921, for ratification by the Members of the International Labour Organisation
in accordance with the provisions of the Constitution of the International
Labour Organisation:
Article 1
1. For the purpose
of this Convention, the term industrial undertaking includes--
(a) mines,
quarries, and other works for the extraction of minerals from the earth;
(b) industries in
which articles are manufactured, altered, cleaned, repaired, ornamented,
finished, adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding and the generation, transformation and
transmission of electricity or motive power of any kind;
(c) construction,
reconstruction, maintenance, repair, alteration, or demolition of any building,
railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation,
electrical undertaking, gas work, water work, or other work of construction, as
well as the preparation for or laying the foundations of any such work or
structure;
(d) transport of
passengers or goods by road, rail, or inland waterway, including the handling
of goods at docks, quays, wharves or warehouses, but excluding transport by
hand.
2. This definition
shall be subject to the special national exceptions contained in the Washington
Convention limiting the hours of work in industrial undertakings to eight in
the day and forty-eight in the week, so far as such exceptions are applicable
to the present Convention.
3. Where necessary,
in addition to the above enumeration, each Member may define the line of
division which separates industry from commerce and agriculture.
Article 2
1. The whole of the
staff employed in any industrial undertaking, public or private, or in any
branch thereof shall, except as otherwise provided for by the following
Articles, enjoy in every period of seven days a period of rest comprising at
least twenty-four consecutive hours.
2. This period of
rest shall, wherever possible, be granted simultaneously to the whole of the
staff of each undertaking.
3. It shall,
wherever possible, be fixed so as to coincide with the days already established
by the traditions or customs of the country or district.
Article 3
Each Member may except
from the application of the provisions of Article 2 persons employed in
industrial undertakings in which only the members of one single family are
employed.
Article 4
1. Each Member may
authorise total or partial exceptions (including suspensions or diminutions)
from the provisions of Article 2, special regard being had to all proper
humanitarian and economic considerations and after consultation with
responsible associations of employers and workers, wherever such exist.
2. Such
consultation shall not be necessary in the case of exceptions which have
already been made under existing legislation.
Article 5
Each Member shall
make, as far as possible, provision for compensatory periods of rest for the
suspensions or diminutions made in virtue of Article 4, except in cases where
agreements or customs already provide for such periods.
Article 6
1. Each Member will
draw up a list of the exceptions made under Articles 3 and 4 of this Convention
and will communicate it to the International Labour Office, and thereafter in
every second year any modifications of this list which shall have been made.
2. The
International Labour Office will present a report on this subject to the
General Conference of the International Labour Organisation.
Article 7
In order to
facilitate the application of the provisions of this Convention, each employer,
director, or manager, shall be obliged--
(a) where the
weekly rest is given to the whole of the staff collectively, to make known such
days and hours of collective rest by means of notices posted conspicuously in
the establishment or any other convenient place, or in any other manner
approved by the Government;
(b) where the rest
period is not granted to the whole of the staff collectively, to make known, by
means of a roster drawn up in accordance with the method approved by the
legislation of the country, or by a regulation of the competent authority, the
workers or employees subject to a special system of rest, and to indicate that
system.
Article 8
The formal ratifications
of this Convention, under the conditions set forth in the Constitution of the
International Labour Organisation, shall be communicated to the
Director-General of the International Labour Office for registration.
Article 9
1. This Convention
shall come into force at the date on which the ratifications of two Members of
the International Labour Organisation have been registered by the
Director-General.
2. It shall be
binding only upon those Members whose ratifications have been registered with
the International Labour Office.
3. Thereafter, the
Convention shall come into force for any Member at the date on which its
ratification has been registered with the International Labour Office.
Article 10
As soon as the
ratifications of two Members of the International Labour Organisation have been
registered with the International Labour Office, the Director-General of the
International Labour Office shall so notify all the Members of the
International Labour Organisation. He shall likewise notify them of the
registration of the ratifications which may be communicated subsequently by
other Members of the Organisation.
Article 11
Each Member which
ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4,
5, 6 and 7 into operation not later than 1 January 1924 and to take such action
as may be necessary to make these provisions effective.
Article 12
Each Member of the
International Labour Organisation which ratifies this Convention engages to
apply it to its colonies, possessions and protectorates, in accordance with the
provisions of Article 35 of the Constitution of the International Labour
Organisation.
Article 13
A Member which has
ratified this Convention may denounce it after the expiration of ten years from
the date on which the Convention first comes into force, by an act communicated
to the Director-General of the International Labour Office for registration.
Such denunciation shall not take effect until one year after the date on which
it is registered with the International Labour Office.
Article 14
At such times as it
may consider necessary the Governing Body of the International Labour Office
shall present to the General Conference a report on the working of this
Convention and shall examine the desirability of placing on the agenda of the
Conference the question of its revision in whole or in part.
Article 15
The French and
English texts of this Convention shall both be authentic.