C014 - Weekly Rest (Industry) Convention, 1921 (No. 14)
Convention
concerning the Application of the Weekly Rest in Industrial Undertakings (Entry
into force: 19 Jun 1923)
Adoption: Geneva, 3rd ILC session (17 Nov 1921)
Preamble
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.
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