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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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

Article 2 of the Convention. Right to annual holidays with pay. With reference to its previous comment, the Committee notes that the tripartite committee set up in 2000 to prepare the revision of the Labour Code has completed its work but the new draft Labour Code has not as yet been adopted. The Committee trusts that the new labour legislation will be enacted shortly and that its provisions will give effect to the provisions of the Convention to which the Committee has been drawing attention, namely the exclusion of public holidays and of interruptions of attendance at work due to sickness from the calculation of the annual holidays with pay (Article 2(3) of the Convention) and the increase of the duration of the annual holiday with the length of service (Article 2(5)).

In addition, the Committee notes with interest the adoption of Act No. 91 of 14 June 1996 which grants persons under the age of 18 the right to annual leave of 21 days on full pay provided that they have completed a full year of service. The Committee would appreciate receiving a copy of that enactment which gives effect to the requirement of Article 2(2) of the Convention.

Part V of the report form. Application in practice. 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 reports of the inspection services indicating the number and nature of any infringements reported, statistical information on the number of workers who are covered by the relevant legislation on paid holidays, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 52 should be classified as an outdated instrument and consequently States parties to this Convention should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a State which is a party to Convention No. 52 involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 132.

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

The Government indicates that it intends to redraft the Labour Code in line with the Convention by including provisions: (a) on the need of gradually increasing the duration of annual paid holiday with the length of service (Article 2, paragraph 5); (b) ensuring that public and customary holidays as well as interruptions of attendance at work due to sickness and other specified reasons are not counted as part of the annual holiday (Article 2, paragraph 3(a) and (b)); and (c) entitling persons under 18 years of age after one year of continuous service to an annual holiday with pay of 21 days (Article 2, paragraph 2). Please keep the Office informed on any developments in this respect.

Article 7 of the Convention. The Committee notes with interest that Order No. 155/1 of 28 July 2000, which was supplied with the Government’s report, requires the employer to keep a special record showing not only the date of entry into his service of each person employed and the duration of the annual holidays with pay to which each person is entitled (Article 7(a) of the Convention), and the dates at which the annual paid holiday is taken by each person (Article 7(b) of the Convention), but also the remuneration received by each person in respect of the period of his annual holidays with pay (Article 7(c) of the Convention).

Referring to its previous comments, the Committee requests the Government to supply a specimen of any model record approved by the competent authority.

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

Article 7 of the Convention. Referring to its former comments, the Committee notes with interest that under section 1 of Ministerial Order No. 65/1 of 17 February 1995 communicated by the Government with its report, each employer must keep a record showing the date of entry into his service of each person employed by him and the duration of the annual holiday with pay to which each such person is entitled (Article 7(a)), and of the dates at which the annual holiday with pay is taken by each person (Article 7(b)).

The Committee requests the Government to indicate in its next report how Article 7(c) of the Convention is applied (record of the remuneration received by each person in respect of the period of his annual holiday with pay) and to send it a specimen of any model record approved by the competent authority.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 7 of the Convention. In its previous comments, the Committee recalled that each employer must keep a record showing certain information relating to the annual holiday with pay which has been taken. The Committee notes the information supplied in the Government's latest report to the effect that information forms, including those relating to annual leave, are completed by labour inspectors during their inspection visits. Furthermore, the Government states that there are no establishments in the country of such a size that they would require the keeping of a whole series of registers concerning their workers, but that the question of the measures required to give effect to this provision of the Convention will be examined in the framework of a general review of the national legal provisions required to give effect to provisions of ratified Conventions. In view of the fact that this Article requires the keeping of a register showing information on annual holidays with pay for each person employed, with a view to facilitating the application in practice of the Convention, the Government is requested to indicate in its next report the measures which have been taken or are envisaged further to the above review.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 recalls its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the information supplied by the Government to the effect that the provisions of the Convention are applied under the regular control of the labour inspectors, but it wishes to point out that the national legislation must require the keeping of a record, in accordance with this Article of the Convention. It trusts that the Government will not fail to take the necessary measures to give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 recalls its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the information supplied by the Government to the effect that the provisions of the Convention are applied under the regular control of the labour inspectors, but it wishes to point out that the national legislation must require the keeping of a record, in accordance with this Article of the Convention. It trusts that the Government will not fail to take the necessary measures to give effect to this Article of the Convention.

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

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 recalls its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the information supplied by the Government to the effect that the provisions of the Convention are applied under the regular control of the labour inspectors, but it wishes to point out that the national legislation must require the keeping of a record, in accordance with this Article of the Convention. It trusts that the Government will not fail to take the necessary measures to give effect to this Article of the Convention.