Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

For several years the Committee has observed that section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement. The Committee also has pointed out that Article 2 of the Convention sets forth the right to annual holiday with pay of at least six working days after one year of continuous service. It has further noted that in 1980 and 1988 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year.

In its previous observation, the Committee noted the information provided in the Government's report for the period ending 30 June 1990 and in the Conference Committee in 1991, from which it appeared that there had been no progress in amending the legislation in order to comply with Article 2. The Government indicated that the National Labour Advisory Committee was revising the Labour Code. At the Conference Committee in 1992, the Government indicated that it started the process to amend the Labour Code to comply with the requirements of the Convention. The Conference Committee urgently requested the Government to send the text of the drafted amendments to the ILO to determine whether the draft legislation is in complete conformity with the Convention.

The Committee notes that the Government has not transmitted a copy of the draft legislation, nor has it submitted a report on the application of the Convention. The Committee trusts that the draft legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

REQUESTS The Government is asked to report in detail in 1996. #REPORT_DATE:00:00:1996