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

The Committee notes with interest the adoption of the Labour Code (Act No. 11/92/ADP), promulgated on 22 December 1992, and Order No. 94-00011/ETSS/SG/DT of 3 June 1994, as well as the information provided in the Government's latest report. The Committee requests the Government to provide additional information, in its next report, on the following points.

Article 4 of the Convention. The Committee requests the Government to indicate whether there is a provision granting persons who complete a period of service less than a year, the right to holidays proportionate to his effective length of service.

Article 5, paragraphs 1 and 2. Under section 90 of the Labour Code, a worker acquires the right to paid holidays of two and a half working days per month of service. However, section 92 of the Code states that the right to holidays is acquired after a period of actual service equal to one year and collective agreements and individual contracts may provide for a period of service of up to 30 months. In this connection, the Committee points out that under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday with pay must in no case exceed six months. It therefore requests the Government to clarify what is the minimum length of service considered as the qualifying period for entitlement to any holiday with pay.

Article 6, paragraph 1. Section 91 of the Labour Code provides that special leave granted in addition to public holidays, may be subtracted from the annual holiday period if they are not subject to compensation or recovery. The Committee requests the Government to clarify whether this section is interpreted to mean that public and customary holidays, even if they fall during the annual holiday, shall not be counted as part of the minimum annual holiday with pay.

Article 9, paragraph 1. Under section 92 of the Labour Code, collective agreements and individual contracts may require a period of up to two and a half years (30 months) as the length of service giving entitlement to holidays with pay. This section is not in conformity with this Article of the Convention according to which a part of the holiday (a minimum of two weeks) shall be granted and taken no later than one year from the end of the year in which the holiday entitlement has arisen. The Committee therefore requests the Government to take the necessary measures to bring the legislation into conformity with the Convention on this point.

Article 9, paragraphs 2 and 3. The Committee would be grateful if the Government would provide information on how these provisions of the Convention are applied in practice.

Articles 12 and 14. The Committee notes the Government's indication that due to the efforts made by the services of the labour administration and the occupational health office, the practice of granting compensation in place of annual leave has been phased out. The Committee also notes that section 237 of the Labour Code sets out sanctions for any violation of the holiday provisions of the Code. The Committee would be grateful if the Government would provide further information on any violations of holiday provisions reported and, if appropriate, the sanctions imposed (see point V of the report form).