Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraphs 1 and 4, of the Convention. Deferral of the annual paid holiday. Further to its previous observation, the Committee notes the Government’s explanations that in the context of the current process of revision of the Labour Code, a new draft provision is being considered which would continue to allow for the accumulation of the annual holidays for two consecutive years, provided that at least six working days of the accumulated period of holidays are taken each year. The Committee hopes that the revised Labour Code will give full effect to the requirements of the Convention with respect to the postponement of holidays on which the Committee has been commenting for the past 20 years. The Committee requests the Government to provide a copy of the new text as soon as it is adopted.

Article 2, paragraph 3(b). Interruptions of attendance at work due to sickness not to be included in the annual leave. The Committee notes the Government’s indication that the revised Labour Code is expected to include a new section which will expressly provide that absences for sickness duly certified by an approved doctor may not be deducted from the number of days of annual holidays granted to the worker. The Committee hopes that the revised Labour Code will effectively align the national legislation with the Convention on this point on which the Committee formulates comments since 1987. The Committee requests the Government to provide a copy of the new text as soon as it is adopted.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraphs 1 and 4, of the Convention. Deferral of the annual paid holiday. The Committee recalls that, since the adoption of the Labour Code in 1984, it has been making comments on the application of these provisions of the Convention. The Committee accordingly noted section 132(3) of the Labour Code, under the terms of which workers may opt to take accumulated holidays in respect of two consecutive years. It also emphasized that, in accordance with the Convention, every person to whom the Convention applies is entitled to an annual holiday with pay of at least six working days and that only the part of the holiday which exceeds this minimum duration may be deferred. The Committee notes that in its last report the Government confines itself to indicating that measures have been taken to further examine the conformity of the provisions of the Labour Code with the Convention and that the amended texts will be provided once they have been adopted. It further notes that, in its 2001 report, the Government was already indicating that a draft text to bring the Labour Code into conformity with the Convention would be submitted in the near future to the Legislative Council after consultations with the social partners in the context of the Higher Labour and Employment Council (CSTE). The Committee trusts that the Government will take the necessary measures without further ado to bring the Labour Code into conformity with the Convention on this point.

Article 2, paragraph 3(b). Interruptions of work due to sickness. Further to its previous comments on this point, the Committee notes the Government’s indications that, under section 126(3) of the Labour Code, interruptions of work due to sickness are not counted as part of annual leave. In this respect, the Committee notes that section 126(3) provides that “for the purposes of calculating the duration of holiday entitlement, regular absences for occupational accidents or diseases shall be assimilated to effective service … as well as, within the limit of six months, absences for sickness duly certified by an approved doctor.” It draws the Government’s attention to the fact that this provision covers the inclusion of interruptions of work due to sickness in the calculation of the period of effective service giving entitlement to holiday, whereas Article 2, paragraph 3(b), of the Convention provides that such interruptions may not be deducted from the number of days of annual holiday granted to the worker. These two situations are also very clearly distinguished in Article 5, paragraph 4, and Article 6, paragraph 2, of the Holidays with Pay Convention (Revised), 1970 (No. 132), which the Government has not yet ratified. The Committee trusts that the Government will amend the Labour Code without further ado so as to ensure that interruptions of work due to sickness are not included in the annual holiday with pay granted to workers.

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 in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the measures adopted to bring an end to them, etc.

The Committee also takes this opportunity to recall that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that the Convention was outdated and invited the States parties to the Convention to contemplate ratifying Convention No. 132, which is not considered as being fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 in respect of persons employed in economic sectors other than agriculture by a State party to Convention No. 52 involves ipso jure the immediate denunciation of the latter Convention. The Committee requests the Government to keep the Office informed of any decision that it may take with regard to the ratification of Convention No. 132.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that draft amendments were to be introduced for discussion in the Legal Council shortly after the meeting of the High Council on Work and Employment, which took place in September 2001, to bring section 132(2) of the Labour Code of 1984 into conformity with Article 2, paragraphs 1 and 2, and Article 4 of the Convention, and to bring section 126(3) into conformity with Article 2, paragraph 3(b).

Referring to its previous comments, the Committee again expresses the hope that the Government will soon be in the position to present substantial results ensuring that every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2, paragraph 1, and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2, paragraph 4). It further hopes that any illness occurring during holidays shall be excluded from the calculation of annual holidays with pay (Article 2, paragraph 3(b)). Please forward a copy of the corrective legislative measures as soon as they have been adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that draft amendments were to be introduced for discussion in the Legal Council shortly after the meeting of the High Council on Work and Employment, which took place in September 2001, to bring section 132(2) of the Labour Code of 1984 into conformity with Article 2, paragraphs 1 and 2, and Article 4 of the Convention, and to bring section 126(3) into conformity with Article 2, paragraph 3(b).

Referring to its previous comments, the Committee again expresses the hope that the Government will soon be in the position to present substantial results ensuring that every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2, paragraph 1, and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2, paragraph 4). It further hopes that any illness occurring during holidays shall be excluded from the calculation of annual holidays with pay (Article 2, paragraph 3(b)). Please forward a copy of the corrective legislative measures as soon as they have been adopted.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that draft amendments were to be introduced for discussion in the Legal Council shortly after the meeting of the High Council on Work and Employment, which took place in September 2001, to bring section 132(2) of the Labour Code of 1984 into conformity with Article 2, paragraphs 1 and 2, and Article 4 of the Convention, and to bring section 126(3) into conformity with Article 2, paragraph 3(b).

Referring to its previous comments, the Committee again expresses the hope that the Government will soon be in the position to present substantial results ensuring that every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2, paragraph 1, and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2, paragraph 4). It further hopes that any illness occurring during holidays shall be excluded from the calculation of annual holidays with pay (Article 2, paragraph 3(b)). Please forward a copy of the corrective legislative measures as soon as they have been adopted.

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

The Committee notes that draft amendments were to be introduced for discussion in the Legal Council shortly after the meeting of the High Council on Work and Employment, which took place in September 2001, to bring section 132(2) of the Labour Code of 1984 into conformity with Article 2, paragraphs 1 and 2, and Article 4 of the Convention, and to bring section 126(3) into conformity with Article 2, paragraph 3(b).

Referring to its previous comments, the Committee again expresses the hope that the Government will soon be in the position to present substantial results ensuring that every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2, paragraph 1, and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2, paragraph 4). It further hopes that any illness occurring during holidays shall be excluded from the calculation of annual holidays with pay (Article 2, paragraph 3(b)). Please forward a copy of the corrective legislative measures as soon as they have been adopted.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report. It takes note of the observations sent by the Union of Autonomous Comoran Workers’ Organizations (USATC) enclosed with the report and the Government’s comments in reply to them.

The USATC indicates that the Convention is not applied in several sectors of activity, which it cites, where paid leave is not granted. The Government states in reply that the difficulty of ensuring effective labour inspection facilitates infringements, but that the latter are nonetheless rare. It also seeks technical assistance from the ILO in brining its legislation into line with the provisions of the Convention.

The Committee hopes that the Government will be in a position to inform it in its next report that real progress has been made in this area and that account will be taken of the Committee’s earlier comments, which raised the following points.

Article 2(1) and (4) and Article 4 of the Convention.  In previous comments, the Committee noted that, under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take accumulated holidays in respect of two consecutive years. The Committee notes the Government’s reply in its report that the Higher Labour Council which has just been established will examine problems linked with labour regulation in general. The Committee recalls that, under the Convention, every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2(1) and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2(4)). It hopes that the Government will indicate the measures taken or envisaged to bring legislation into conformity with the Convention on this point.

Article 2(3)(b).  The Committee had noted previously that, under section 126, paragraph 3, of the Labour Code, in the calculation of holiday duration, absences due to occupational accident or disease and due to certified illness (for up to six months) are regarded as actual service. It noted the Government’s statement that, although occupational illness occurring during holidays falls within section 126, paragraph 3, and is accordingly regarded as actual service in the calculation of holidays due, no such provision at present exists concerning other illness occurring during holidays. Noting that the Government states that it wishes to provide specific information in its next report on the subject of section 126, paragraph 3, of the Labour Code, the Committee hopes that this information will apply to measures taken or envisaged to implement this provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 2(1) of the Convention. In previous comments, the Committee noted that, under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take accumulated holidays in respect of two consecutive years, whereas, under this provision of the Convention a holiday of at least six working days should be taken each year. The Committee notes the Government's response that it will take the necessary measures to harmonize national legislation with the Convention. It hopes the next report will include details.

Article 2(3)(b). The Committee recalls that, in the calculation of holiday rights, absences due to occupational accident or disease and - for up to six months - due to certified illness are regarded as actual service (section 126, paragraph 3, of the Labour Code). It notes the Government's statement that, although occupational illness occurring during holidays falls within section 126, paragraph 3, and is accordingly regarded as actual service in the calculation of holiday due, as concerns other illness occurring during holidays no such provision at present exists. The Committee further notes the Government's indication that the labour inspection services have not indicated that this matter poses a problem in practice. The Committee hopes the Government will consider taking action to give effect in law to this provision of the Convention and that information in this regard will be provided with the next report.

Furthermore, the Committee requests the Government to supply with its next report copies of the text to which it refers in its last report, namely Order No. 58-129/ITC of 6 June 1958.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 2(1) and (4) and Article 4 of the Convention. In previous comments, the Committee noted that under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take accumulated holidays in respect of two consecutive years. The Committee notes the Government's reply in its report that the Higher Labour Council which has just been established will examine problems linked with labour regulation in general. The Committee recalls that under the Convention every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2(1) and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2(4)). It hopes that the Government will indicate the measures taken or envisaged to bring legislation into conformity with the Convention on this point.

2. Article 2(3)(b). The Committee had noted previously that under section 126, paragraph 3, of the Labour Code, in the calculation of holiday rights absences due to occupational accident or disease and - for up to six months - due to certified illness are regarded as actual service. It noted the Government's statement that, although occupational illness occurring during holidays falls within section 126, paragraph 3, and is accordingly regarded as actual service in the calculation of holidays due, no such provision at present exists concerning other illness occurring during holidays. Noting that the Government states that it wishes to provide specific information in its next report on the subject of section 126, paragraph 3, of the Labour Code, the Committee hopes that this information will apply to measures taken or envisaged to implement this provision of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2(1) of the Convention. In previous comments, the Committee noted that, under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take accumulated holidays in respect of two consecutive years, whereas, under this provision of the Convention a holiday of at least six working days should be taken each year. The Committee notes the Government's response that it will take the necessary measures to harmonise national legislation with the Convention. It hopes the next report will include details.

Article 2(3)(b). The Committee recalls that, in the calculation of holiday rights, absences due to occupational accident or disease and - for up to six months - due to certified illness are regarded as actual service (section 126, paragraph 3, of the Labour Code). It notes the Government's statement that, although occupational illness occurring during holidays falls within section 126, paragraph 3, and is accordingly regarded as actual service in the calculation of holiday due, as concerns other illness occurring during holidays no such provision at present exists. The Committee further notes the Government's indication that the labour inspection services have not indicated that this matter poses a problem in practice. The Committee hopes the Government will consider taking action to give effect in law to this provision of the Convention and that information in this regard will be provided with the next report.

Furthermore, the Committee requests the Government to supply with its next report copies of the text to which it refers in its last report, namely Order No. 58-129/ITC of 6 June 1958.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 2, paragraph 1, of the Convention. The Committee notes that under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take their accumulated holidays in respect of two consecutive years, whereas, in accordance with this provision of the Convention, a holiday of at least six working days shall be taken each year. The Committee hopes that the Government will take the necessary measures in the near future to bring national legislation into conformity with the Convention in this respect.

Article 2, paragraph 3(b). Although noting that under section 126, paragraph 3, of the Labour Code, absences due to industrial injuries and diseases are regarded as actual service in the calculation of the number of days holiday due, the Committee requests the Government to indicate whether such absences which occur during the holidays are deducted from annual paid leave.

Furthermore, the Committee requests the Government to supply with its next report copies of the texts to which it refers in its last report, namely the collective agreement and Order No. 58-129-IT/C of 6 June 1958, to make rules for the grant of annual leave with pay.