Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

In its reply to the Committee’s previous observation, the Government states that the National Labour Advisory Committee is still in the process of taking steps to amend certain provisions of the Labour Code to bring it in line with the Convention. The amendments produced by the National Labour Advisory Committee were to become available during 2004. The Committee hopes that the Government’s next report will indicate the progress that has been made. In the absence of further concrete information, the Committee sees itself obliged to revert to its previous observation, which read as follows:

Article 2 of the Convention. Scope of application The Government’s report states that only seafarers are excluded from the scope of the Convention. As indicated in earlier reports, section 1(3) of the Labour Code excludes further categories of employed persons, such as those employed in the public service, to whom special rules and regulations apply. Please indicate the manner in which the organizations of the employers and workers concerned were consulted with respect to these exclusions and provide the latest legislative or other texts applicable to them.

Article 5, paragraphs 1 and 2. Minimum period necessary for right to holidays. Section 92(1) of the Labour Code states that the right to holidays is acquired after a period of actual service equal to one year and under section 92(2), collective agreements and individual contracts with provisions concerning holidays exceeding the length fixed under section 89(1) of the Labour Code may provide for a qualifying period of service of up to two years. The Committee recalls that Article 5, paragraph 1, of the Convention, is an optional clause and that, if use is made of this clause, under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday must in no case exceed six months. The Committee requests the Government to indicate the measures taken or envisaged to bring the length of the minimum period of qualifying service into conformity with the Convention.

Article 9. Postponement of holidays. The Committee notes that section 1(3) of Decree No. 75-28 of 10 January 1975, authorizes leave to be deferred for a period of up to two years. Since 1980 the Committee has noted that such provisions are not in conformity with the Convention which prescribes that at least two weeks of the leave must be granted within one year, and the remainder of the leave no later than 18 months, from the end of the year which entitles to the holiday (see Articles 8(2) and 9(1) of the Convention). The Government is again requested to bring the legislation into conformity with this provision of the Convention and to report on the measures taken to this end.