Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (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the Revision of Standards, the ILO Governing Body has decided that Convention No. 52 should be classified as an outdated instrument and consequently States parties to this Convention should be invited to denounce it and ratify at the same time the more recent Holidays with Pay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.