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

The Committee notes with interest the adoption of the Labour Code (Act No. 92-020) of 23 September 1992. The Committee requests the Government to provide additional information, in its next report, on the following points:

Article 2, paragraph 3(a), of the Convention. The Committee requests the Government to clarify what legislative measures exist to ensure that public and customary holidays are not included in the period of paid leave.

Article 3. The Committee notes that section L.157 of the Labour Code provides that leave allowance shall be calculated as a percentage (1/12) of the total remuneration in cash and in kind paid during the base period but excluding amounts paid by way of reimbursement of expenses, gratuities and annual bonuses, as well as benefits in kind of which the wage-earner continues to receive during leave. This provision then states that the eventual subtraction of benefits in kind is taken into consideration in the calculation of the leave allowance. The Committee points out to the Government that Article 3 of the Convention requires holiday remuneration to include the cash equivalent of all payments accorded in kind. In this respect, the Committee requests the Government to clarify whether section L.157 of the Labour Code excludes all payments in kind from the average earnings on which holiday remuneration is based.

Article 7. The Committee would be grateful if the Government would supply a specimen copy of the employer's register kept in virtue of section L.130 of the Labour Code.

Article 8. The Committee requests the Government to provide information on the inspection measures taken and the use of the sanctions system, to ensure application of the provisions of the Convention.