Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 132) sur les congés payés (révisée), 1970 - Rwanda (Ratification: 1991)

Autre commentaire sur C132

Demande directe

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Articles 2 and 15(2) of the Convention. Scope of application. Workers governed by Act No. 13/2009. In its previous comment, the Committee noted that section 3 of Act No. 13/2009 of 27 May 2009 regulating labour excludes persons engaged in “agricultural, breeding, commercial or industrial activities” from the scope of application of the provisions concerning paid annual leave. In this regard, the Committee wishes to recall that, under the terms of Article 15(2) of the Convention, the Government has accepted the obligations of the Convention in respect of employed persons in economic sectors other than agriculture. It also recalls that the Government previously indicated that, in practice, agricultural workers benefit from the same rights as workers in other sectors. It further notes the Government’s indication that the current Act does not provide for paid annual leave for persons employed in the abovementioned sectors and that the Government will consider this under the ongoing review of the Act. The Committee requests the Government to provide information on any further developments on this point.

Article 5(1). Minimum period of service giving entitlement to holidays. Public service employees. The Committee notes the adoption of Act No. 86/2013 of 11 September 2013 concerning the establishment of general statutes for public service. With reference to its previous comment concerning the minimum period of service giving entitlement to holidays, the Committee notes the Government’s indication that, upon completion of six months of employment, public service employees should be entitled to benefit from statutory annual leave of 30 calendar days. The Committee notes, however, that section 19 of the new Act No. 86/2013 provides that a public service employee should enjoy annual leave upon completion of twelve months of employment. In this respect, the Committee wishes to recall that, according to Article 5 of the Convention, the minimum period of service should not exceed six months. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that the minimum period of service giving entitlement to holidays in the public sector does not exceed six months.

Article 12. Prohibition of the relinquishment of the right to annual holiday with pay. The Committee notes the Government’s indication that section 57 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda provides that it is prohibited to forgo paid annual leave for a compensatory allowance. It notes, however, that according to section 3 of this Act, every person employed under the general public service statutes is excluded from the scope of application of the provisions laid down in this Act. The Committee therefore requests the Government to provide additional clarifications on this point.

Furthermore, with respect to Article 7(1) of the Convention, the Committee notes the Government’s indication that Government employees are entitled to paid annual leave. It also notes the Government’s indication regarding Article 10 of the Convention that, in practice, every year the human resources department decides the time at which the holiday is to be taken in consultation with employees. However, it notes that Act No. 86/2013 does not contain any provision relating to Articles 7 and 10 of the Convention. Moreover, Act No. 86/2013 does not contain any provision relating to Articles 5(4) (inclusion in the period of service of absences from work for reasons beyond the control of the employed person) and 7(2) (payment of holiday pay in advance) of the Convention. The Committee requests the Government to provide information on how effect is given in law to the above Articles of the Convention.