Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Collective agreements. The Committee notes that, under section 99 of the Labour Code, in the absence of more favourable provisions laid down by collective agreements or accords or by individual employment contracts, workers shall be entitled to holidays with pay, provided by the employer, in the amount of two-and-a-half working days per month of actual service. The Committee requests the Government to indicate whether collective agreements in force contain provisions relating to holidays with pay and, if so, to send copies.

Article 2, paragraph 3. Consultation of employers’ and workers’ organizations. The Committee requests the Government to provide information on any consultations held with employers’ and workers’ organizations prior to the adoption of the Labour Code of 2006.

Article 3. Minimum period of service. The Committee notes that section 102 of the Labour Code provides for a minimum period of service of one year for an annual holiday corresponding to two-and-a-half working days per month of actual service. It notes, however, that collective agreements and employment contracts can impose a longer period of service, up to two years, if they provide for longer annual holidays than those laid down by section 99 of the Code. The Committee recalls that Paragraph 1 of the Holidays with Pay (Agriculture) Recommendation, 1952 (No. 93), which supplements the Convention, states that the minimum length of the holiday with pay should be one working week for a period of one year’s continuous service, with proportionate holidays for a lesser period of continuous service. The Committee draws the Government’s attention to the minimum period of service allowed by section 102 of the Labour Code (up to two years) and requests it to consider the possibility of establishing the right to proportionate holidays for workers who have not yet acquired such seniority.

Article 5. Regulation of holidays with pay in agriculture. The Committee requests the Government to indicate whether it envisages, in accordance with this provision of the Convention, to provide for: (a) a more favourable scheme for young workers; (b) an increase in the duration of the paid holiday with the length of service; (c) the exclusion of temporary interruptions of attendance at work due to non-occupational accident or sickness from the annual holiday with pay.

The Committee also takes this opportunity to recall that, following the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 is outdated and invited the States parties to this Convention to envisage the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in agriculture by a Member which is party to Convention No. 101 ipso jure involves the immediate denunciation of that Convention. The Committee requests the Government to keep the Office informed of any decision that it may take in this respect, particularly since the provisions of the new Labour Code appear in overall terms to be in conformity with Convention No. 132.