Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s last report covering the period from January to September 2001 and the information provided by the Government in answer to the Committee’s previous direct requests. The Government once again indicates that measures to improve the legislative provisions on which the Committee has been commenting for many years, in particular section 92(2) of the Labour Code, have still not been taken. The National Labour Advisory Committee has, however, resumed its activities after an interruption of six years with its first meeting in August 2001. The Committee further notes that one of the National Labour Advisory Committee’s tasks is the preparation of projects to bring national legislation into line with the ILO Conventions ratified by Cameroon. It hopes that the Government’s next report will indicate that progress has been made, in particular with regard to the following points.

Article 2 of the Convention. The Government’s report states that only seafarers are excluded from the scope of the Convention. As indicated in earlier reports, section 1(3) of the Labour Code excludes further categories of employed persons, such as those employed in the public service, to whom special rules and regulations apply. Please indicate the manner in which the organizations of the employers and workers concerned were consulted with respect to these exclusions and provide the latest legislative or other texts applicable to them.

Article 5, paragraphs 1 and 2. Section 92(1) of the Labour Code states that the right to holidays is acquired after a period of actual service equal to one year and under section 92(2), collective agreements and individual contracts with provisions concerning holidays exceeding the length fixed under section 89(1) of the Labour Code may provide for a qualifying period of service of up to two years. The Committee recalls that Article 5, paragraph 1, of the Convention is an optional clause and that, if use is made of this clause, under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday must in no case exceed six months. The Committee requests the Government to indicate the measures taken or envisaged to bring the length of the minimum period of qualifying service into conformity with the Convention.

Article 9. The Committee notes that section 1(3) of Decree No. 75-28 of 10 January 1975 authorizes leave to be deferred for a period of up to two years. Since 1980 the Committee has noted that such provisions are not in conformity with the Convention which prescribes that at least two weeks of the leave must be granted within one year, and the remainder of the leave no later than 18 months, from the end of the year which entitles to the holiday (see Articles 8(2) and 9(1) of the Convention). The Government is again requested to bring the legislation into conformity with this provision of the Convention and to report on the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.