Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Malaysia - Sarawak (Ratification: 1964)

Other comments on C014

Observation

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Articles 2 and 5 of the Convention. Weekly rest entitlement. Uniformity of the weekly rest period. Compensatory rest. In its previous comment, the Committee noted with concern the absence of progress towards full application of Article 2 of the Convention, given that the restrictive definition of the term “employee” in the Sarawak Labour Ordinance, leaves certain categories of workers without the benefit of a weekly rest day of one whole day provided for in section 105B (1) of the Sarawak Labour Ordinance. It also noted the lack of progress in the application of Article 5, as section 105C of the Sarawak Labour Ordinance only provides for monetary compensation but not for compensatory rest for workers performing work on their weekly rest day. The Committee notes with concern that on both issues the Government, in its report, limits itself to indicating that it will pursue a discussion with the State Government of Sarawak to ensure that weekly rest entitlement is applicable to all workers employed in any industrial undertaking and that compensatory rest is accorded to workers performing work on their weekly rest day. In this context, the Committee once again requests the Government to take the necessary measures in the near future to ensure that: (i) the whole of the staff employed in industrial undertakings would be entitled to weekly rest; (ii) the period of weekly rest would, wherever possible, be granted simultaneously to the whole of the staff of each undertaking; (iii) the weekly rest would, wherever possible, be fixed so as to coincide with the days already established by the traditions or customs of the country or district; and (iv) compensatory rest is granted to workers who have to work during their weekly rest day, irrespective of any monetary compensation. The Committee also requests the Government to provide information on any progress made in this respect. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.