Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 2 of the Convention. Scope of application. The Committee notes with interest the information communicated by the Government in its report on the draft new Labour Code (Act No. 5 of 1995). According to this information, the Government has proposed, together with the social partners, the adoption of a provision under which the Code would not be applicable to domestic workers, except with regard to holidays, the minimum wage, dismissal and rights linked to the termination of employment. The Ministry of Labour and the labour administration services within the different governorates are to refuse to approve employment contracts that do not contain provisions relating to wages, holidays and the weekly rest. The Committee requests the Government to keep it informed of any developments relating to the adoption of this amendment to the Labour Code.

Article 6, paragraph 2. Sick leave. The Committee notes that, pursuant to section 82(1) of the Labour Code, an employer "can" approve sick leave for a worker and not deduct it from his or her annual holiday if this worker falls ill during the said holiday. It requests the Government to provide fuller information on the freedom enjoyed by the employer to grant or refuse approval of sick leave for one of his employees.

Article 7, paragraph 2. Time of payment of holiday remuneration. The Committee notes that section 79 of the Labour Code establishes the right to at least 30 days’ holiday, on full pay, for each year of effective service. It requests the Government to indicate the measures taken to ensure that the amounts due to the workers are paid in advance of the annual holiday, in pursuance of this provision of the Convention.

Article 8, paragraph 2. Division of the annual holiday. The Committee notes that, in accordance with section 79(3) of the Labour Code, the holiday granted to workers will be of at least two days at a time. The Committee brings the Government’s attention to the fact that, unless otherwise provided in an agreement applicable to the employer and the employed person concerned, upon division of the holiday, one of the parts shall consist of at least two uninterrupted working weeks. The Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Article 10. Time of holiday. The Committee requests the Government to indicate the rules applicable to the determination of the time when the annual holiday of each worker shall be taken.

Article 11. Termination of employment. The Committee requests the Government to indicate the measures taken to ensure that the worker shall receive, upon termination of employment, a holiday with pay proportionate to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services and, if possible, statistical data on the number of persons covered by the Labour Code, the number and nature of contraventions reported, etc.