Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Paid Educational Leave Convention, 1974 (No. 140) - San Marino (Ratification: 1988)

Other comments on C140

Direct Request

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Application of the Convention in practice. Part V of the Report Form. In response to the Committee’s previous request, the Government reports that paid and unpaid educational leave in the public sector is governed by Act No. 38 of 13 March 1991, amending article 38 of Organic Act No. 41 of 22 December 1972. In the private sector, paid educational leave is regulated by collective bargaining agreements. The Committee notes the data provided by the Government regarding the granting of paid educational leave from 2017 through 2019. In 2017, 53 employees (34 women and 19 men), out of a total of 3713 employees, took paid educational leave. In 2018, 73 employees (50 women and 23 men), out of a total of 3713 employees, took paid educational leave and in 2019, 41 employees (29 women and 12 men), out of a total of 3697 employees, took paid educational leave. The Committee notes the Government’s indication that no data is available regarding paid educational leave granted to employees in the private sector. The Government reports that the workers’ organizations have commended that the laws and collective agreements on the subject of paid educational leave could be updated. They add that greater awareness is needed regarding the importance of the right to education, to ensure that this right is considered a genuine added value in the public and private labour context in which workers are based, and for society as a whole. In addition, the workers’ organizations have stressed that, even though workers who request leave are usually able to take it, workers in small companies can be reluctant to request leave for fear of causing organizational problems. The Committee welcomes the Government’s expression of its willingness to take account of the recommendations of the Committee as well as the observations of the social partners, as well as its recognition that in a constantly evolving labour market, lifelong education and training is a matter of fundamental importance for all workers. The Committee requests the Government to continue to provide detailed updated information on the manner in which the provisions of the Convention are applied in practice. In addition, the Government is requested to provide information on any legislative developments relative to the application of the Convention.

Article 2 of the Convention. The Committee notes the copies of the collective bargaining agreements in force communicated by the Government, which stipulate, under the Article on the right to education, the length and conditions of paid and unpaid leave from work for all sectors. This leave can be used for several types of single-subject courses; vocational qualifications or secondary school certificates; or university courses to complete a degree, in all cases at legally recognized institutions. The agreements also indicate the maximum number of paid and unpaid hours of leave to which workers are entitled and, in some cases, the maximum percentage of workers within a company who can simultaneously request this type of leave. The Committee requests the Government to indicate the manner in which a policy to promote the granting of paid education leave is expressed through legislation, collective agreement or other means, for the purpose of training at any level, general social, and civic education, and trade union education, as required under Article 2 of the Convention.