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

The Committee notes the Government’s reply to its previous direct request. It asks the Government to provide additional information with regard to the following matters to which it already referred in its previous comments.

Article 4 of the Convention. The Committee notes that section 92 of the Labour Code provides for proportionate remuneration in case of suspension of the employment contract and that no other provisions or measures appear to ensure compliance with the Convention by establishing the right to proportionate holidays for workers, who cannot be employed all the working days of the qualifying year. It therefore requests the Government to indicate whether the Labour Code currently under review will contain in the future a provision granting persons who complete a period of work of less than a year, the right to holidays proportionate to their effective length of service.

Article 5, paragraphs 1 and 2. The Committee notes the Government’s statement that a minimum period of qualifying service for entitlement to annual paid leave consistent with the requirements of the Convention will be inserted in the new Labour Code. It hopes that the draft legislation will soon be enacted to give full effect to this provision of the Convention.

Article 6, paragraph 1. The Government’s report does not reply to the Committee’s previous comments. It therefore reiterates its request to clarify whether section 91 of the Labour Code 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. The Committee requests the Government to consider introducing the necessary clarifications into the legislation.

Article 9, paragraph 1. The Committee notes from the report that, according to section 55 of the Collective Agreement of 9 July 1974, annual holiday with pay may be postponed up to one year from the end of the year in respect of which the holiday entitlement has arisen, and that this equally applies to the uninterrupted part of the leave. It asks the Government to clarify whether in case of the division of annual holiday, in accordance with section 5 of Ordinance No. 94-0011/SG/DT, at least 15 continuous days shall be granted and taken within one year from the end of the year in respect of which the holiday entitlement has arisen. Clarification in the legal text appears desirable in this case too. Please supply a copy of the Collective Agreement.

Article 14 and Part V of the report form. The Committee notes the Government’s indication that the annual reports of the inspection services, as prescribed by Articles 20 and 21 of Convention No. 81, are being prepared. No such reports have been supplied so far, the last annual statistics sent to the ILO dating back to 1993. The Committee urges the Government to take the necessary steps to ensure that the inspection authority fulfils its obligation to produce an annual report and to provide information in the near future on the progress made.