Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee takes note of the reports on the application of this Convention and Convention No. 52, to which the Government also refers.

Article 4 of the Convention. The Government indicates that section 95 of the Labour Code of 1984 is also applicable in case of exceptional measures in accordance with section 98 of the Labour Code. This means that the worker is entitled to at least seven days of paid holiday in the course of one working year, whether the holiday is postponed or the State Labour and Social Security Committee, as an exception, authorizes the replacement of holidays by supplementary remuneration, with the worker’s consent and for reasons of production of goods or supply of services in specific branches, activities or workplaces. The Committee notes that for several years the State Labour and Social Security Committee has not exercised its function in accordance with section 98 of the Labour Code. It further notes that the envisaged amendment of the Labour Code of 1984 continues to be under discussion. The Committee again expresses the hope that progress is made in this respect in the near future, and that in particular the provisions on holidays are brought into full conformity with the requirements of the Convention. It asks the Government to supply copies of any relevant legislative texts as soon as they are adopted.

Part V of the report form. The Committee notes from the Government’s report that the National Labour Inspection Board (Direccion Nacional de Inspeccion), besides the State Labour and Social Security Commission (sections 298 to 303 of the Labour Code) and the trade union labour inspection (sections 305 and 306 of the Labour Code), is authorized to take appropriate measures to ensure the application of the labour legislation, in accordance with Article 10 of the Convention and Part III of the report form. It requests the Government to provide a copy of Legislative Decree No. 147 of 2 April 1994 and any other legislation related to labour inspection, covering also holidays with pay.

The Committee takes note of the 1998 report of the National Labour Inspection Board, which has been provided with the report concerning Convention No. 81. The inspection report indicates, among others, 8,966 inspections, including the supervision of holidays, and 142,885 infringements of labour legislation. The Committee requests the Government to continue to supply copies of the labour inspection reports and to provide particulars, if any, on the application of holiday provisions.