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

Article 2 of the Convention. Scope of application. The Committee notes that the Labour Ordinance Sarawak (Cap. 76) was amended by the Labour Ordinance (Sarawak Cap. 76) (Amendment) 2005 (Act A1237). Section 2 of the amended Labour Ordinance repealed the old definition of the term “worker”, which had the effect of limiting the scope of application of the Labour Ordinance Sarawak only to manual workers, in favour of the concept of “employee” understood in a broad sense to include all non-manual workers, whose monthly wage do not exceed 2,500 Malaysian ringgit (MYR) (approximately US$740) per month, as well as all manual workers irrespective of the amount of their earnings. Recalling that the Convention applies to “the whole of the staff employed in any industrial undertaking”, the Committee requests the Government to indicate how it ensures the weekly rest entitlement of those non-manual workers who are employed in industrial undertakings and whose monthly wages exceed MYR2,500.

Moreover, recalling that the Convention requires that the period of weekly rest, wherever possible, be granted simultaneously to all the personnel of an enterprise and also that the day of rest, wherever possible, be fixed so as to coincide with the day already established by the traditions or customs of the country, the Committee asks the Government to specify how these principles are given effect in law and practice.

Article 5. Compensatory rest. The Committee notes that section 105C of the Labour Ordinance Sarawak prescribes increased pay for workers who are required to work on their day of rest but not compensatory rest. Recalling that this Article of the Convention calls for compensatory periods of rest to be provided, as far as possible, to workers performing work on their weekly rest day, the Committee requests the Government to consider the possibility of amending the Labour Ordinance Sarawak in order to give full effect to the requirements of the Convention on this point.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government that in 2008 the Sarawak Labour Department inspected 2,706 workplaces and found no cases of non-compliance with the relevant legislation. It requests the Government to continue providing up to date and concrete information on the application of the Convention in practice, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services concerning weekly rest, copies of collective agreements including clauses on weekly rest, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decision taken or envisaged in this respect.