Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government in reply to its previous comments. It asks the Government to supply further details on the following points.

Article 2, paragraph 2(a), of the Convention. The Committee notes that, contrary to this provision of the Convention, non-working days are counted as part of the annual holiday with pay. It requests the Government to clarify the minimum length of annual holidays which are granted in practice to workers under section L.151 of the Labour Code, 1992, in view of the inclusion of public and customary holidays in the leave period of 30 days per year. The Committee invites the Government again to indicate the measures taken or envisaged to ensure that public and customary holidays are not included in the period of paid leave.

Article 7. A specimen copy of the employer’s register, to be kept in accordance with section L.130 of the Labour Code, although announced in the report of the Government, was not supplied. The Committee requests the Government to provide such a copy with its next report.

Article 8. Contraventions against sections L.160 and L.162 of the Labour Code on the remuneration in kind, as a means of the calculation of the leave allowance and on the invalidity of any agreement on the monetary compensation of holidays, respectively, are exempted from the sanctions provided for under section L.324 of the Labour Code. The Committee asks the Government to inform it of any system of sanctions to ensure the application of the provisions of the Convention, and to indicate any measures it would take into consideration to include contraventions of sections L.160 and L.162 of the Labour Code in the catalogue of sanctions under the Labour Code.