Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that the Government has once more limited itself to reiterating the provisions of the Labour Code, dealing with annual paid leave rather than replying to the specific points raised by the Committee in its previous comments. Under the circumstances, the Committee again draws the Government’s attention to certain requirements of the Convention which have not yet been fully implemented and expects it to take appropriate action and report accordingly on any progress made.

Article 2, paragraph 1, of the Convention. Scope of application. Please indicate how the application of the Convention is ensured with respect to persons excluded from the scope of the Labour Code, such as magistrates and members of the armed forces. Please also provide a copy of Decree No. 567 of 31 July 2007 on leave and authorized absences of civil servants to which reference was made in the Government’s last report.

Article 4, paragraph 1. Proportionate leave. Please indicate whether, under the terms of Act No. 017/PR/2001 on General Conditions of Service of the Public Service, persons who may have completed in any year shorter periods of service than that required for the full entitlement are entitled to holidays with pay proportionate to their length of service during that year, as prescribed by this Article of the Convention.

Article 5, paragraph 2. Minimum period of service. Recalling that according to this Article of the Convention the length of any qualifying period may not exceed six months, the Committee requests the Government to amend section 217 of the Labour Code which provides that the right of an employed person to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also requests the Government to indicate whether a similar qualifying period of service is required for public employees who are governed by the general conditions of service of the public service.

Article 6, paragraph 2. Periods of incapacity for work. Please indicate how it is ensured in law and practice that periods of incapacity for work resulting from sickness or injury are not counted as part of the minimum annual holiday with pay, as required by this Article of the Convention.

Article 7, paragraph 1. Holiday pay. Recalling that the Convention requires that the normal or average remuneration to be received in respect of the full period of the annual holidays include also the cash equivalent of any part of the wages which is paid in kind, the Committee requests the Government to take measures in order to bring section 220 of the Labour Code into full conformity with that requirement. In addition, the Committee requests the Government to specify how holiday pay is regulated for public employees who are governed by the general conditions of service of the public service.

Article 10. Time at which the holiday is to be taken. Noting that under section 218 of the Labour Code the dates of annual holidays are determined by the employer taking into account the necessities of the service and, in so far as possible, the wishes of the employed person, the Committee requests the Government to indicate how it is ensured in law and practice that not only work requirements but also the opportunities for rest and relaxation available to the worker are taken into account in fixing the time at which the holiday is to be taken, as prescribed by this Article of the Convention. It also requests the Government to indicate how it is ensured that public employees covered by the general conditions of service of the public service are duly consulted prior to the determination of the time schedule of annual holidays.

Article 11. Termination of employment. The Committee requests the Government to specify how it is ensured that in the event of termination of employment, public employees governed by the general conditions of service of the public service receive either a holiday proportionate to the length of service for which they have not yet received such a holiday, or compensation in lieu, or the equivalent holiday credit.

Article 15, paragraph 1. Applicability of the Convention to agriculture. Referring once again to the Government’s official communication of February 2001 in which it specified that it accepted the obligations of the Convention in respect of persons employed in all economic sectors including agriculture, the Committee requests the Government to take appropriate steps in order to effectively apply the Convention in all sectors of the national economy without exception.

Part V of the report form. Application in practice. While noting the Government’s indication that supervision and control of the application of the labour legislation is deficient due to the difficulties experienced by the labour inspection services, the Committee requests the Government to provide in its next report a general appreciation of the manner in which the Convention is applied in practice including, for instance, information on the number of workers covered by the relevant legislation, the nature and extent of any problems encountered in the implementation of the Convention, etc.