Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Articles 2 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee recalls that, for many years, it has been requesting the Government to provide information on the measures taken to give effect to the Convention. In its report, the Government provides summaries of court decisions relevant to the granting of paid educational leave in the public service sector. The Government indicates that training in the private sector is undertaken on the basis of a company’s needs, such as succession planning, human resource needs and upgrading of technology, whereas training is implemented through scholarships in the public sector. Training is provided on the basis of the projected labour needs of the Government and training opportunities are advertised within the various Ministries and agencies as well as in national newspapers. The Committee once again recalls that the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of occupational training at any level, general, social and civil education and trade union education (Article 2) in consultation with the social partners (Article 6). Noting that the information provided in the Government’s report does not indicate the manner in which Article 2 of the Convention is given effect, the Committee requests the Government to indicate the content and scope of the policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention and to communicate the texts, including government statements, declarations and other documents, in which the policy is expressed. In addition, the Committee once again reiterates its request that the Government provide full particulars on the measures taken or envisaged in order to give effect to these provisions of the Convention.

Articles 5 and 6. Arrangements for paid educational leave through collective agreements. Consultation with the social partners. The Committee notes the Government’s indication that the National Tripartite Committee established in 1993 has constituted a subcommittee to deal with training and placement issues. It adds that there is no information available on the manner in which the public authorities, representative employers’ and workers’ organizations and institutions providing education or training have been consulted on the formulation and application of the national policy to promote the granting of paid educational leave for the purposes specified in the Convention. The Government states that the social partners make provision for some measure of paid educational leave in the private sector through the bargaining process. The Committee requests the Government to provide information on the arrangements to enable the participation of employers’ and workers’ organizations and institutions providing education or training in the formulation and application of the national policy for the promotion of paid educational leave for the purposes specified in Article 2 of the Convention.

Article 8. Non-discrimination. The Government indicates that training under Article 2(a) includes training for apprentices and groups in vulnerable situations. In this regard, the Committee notes that the Industrial Training Act, Chapter 39:01, referenced in the Government’s report, regulates apprenticeships, but that section 3(1) of the Act refers only to male apprentices (boys). The Government does not provide information regarding training for groups in vulnerable situations. The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the apprenticeship training opportunities available to boys and girls. Noting that section 3(1) of the Industrial Training Act could be interpreted to exclude girls, it also invites the Government to consider amending the Act to extend apprenticeships to both male and female apprentices. It also requests the Government to provide particulars regarding the measures taken to ensure that groups in vulnerable situations have access to paid educational leave.

Application of the Convention. Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from reports, studies and enquiries, and statistics disaggregated by sex and age on the number of workers granted paid educational leave during the reporting period.