Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes 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 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportionate leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code 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 notes that, under the terms of section 56 of the General Collective Agreement “the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code”. The Committee requests the Government to specify what constitutes “a period considered to be equivalent within the meaning of section 217 of the Labour Code”. Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to paid annual leave.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that there is no provision establishing that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention. The Committee hopes that the Government will rapidly adopt the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer must pay the employed person a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the General Collective Agreement, 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. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service must establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured, in the case of the workers covered by these conditions of service, in relation to the determination of the time at which annual holidays are to be taken.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public service do not include a provision guaranteeing, in the event of termination of employment, that an employed person must receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that the Labour Code contains provisions respecting labour inspection, but that the Code is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that the obligations of the present Convention solely concern employed persons in the modern sector and that agriculture in Chad is a subsistence activity, and therefore agricultural workers are not governed by the obligations of the present Convention. The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that “Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132”. The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons both in economic sectors other than agriculture and in agriculture.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government has confined itself to providing the same information as it provided in its first report and that no reply has been made to the Committee’s detailed comments. In accordance with established practice, the Government is under the obligation to supply a second detailed report describing in an exhaustive manner national law and practice on all the points indicated in the report form adopted by the Governing Body, including information on any points that the Committee may have raised in the meantime. Accordingly, so as to enable the Committee to engage in a productive dialogue on possible improvements to the labour legislation designed to give full effect to the provisions of the Convention, the Government is requested to provide further clarifications on the following matters.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportional leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code 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 notes that, under the terms of section 56 of the General Collective Agreement “the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code.” The Committee requests the Government to specify what constitutes “a period considered to be equivalent within the meaning of section 217 of the Labour Code”. Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to paid annual leave.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that there is no provision establishing that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention. The Committee hopes that the Government will rapidly adopt the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer shall pay the employed person a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the General Collective Agreement, 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. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service shall establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured, in the case of the workers covered by these conditions of service, in relation to the determination of the time at which annual holidays are to be taken.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public service do not include a provision guaranteeing, in the event of termination of employment, that an employed person shall receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that the Labour Code contains provisions respecting labour inspection, but that the Code is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that the obligations of the present Convention solely concern employed persons in the modern sector and that agriculture in Chad is a subsistence activity, and therefore agricultural workers are not governed by the obligations of the present Convention. The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that “Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132”. The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons both in economic sectors other than agriculture and in agriculture.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report on the application of the Convention. It would like to be provided with additional information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportional leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code provides that the right of an employee to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also notes that, under the terms of section 56 of the general collective agreement, the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code. The Committee requests the Government to specify what constitutes a "period considered to be equivalent within the meaning of section 217 of the Labour Code". Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to annual holidays.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that no provision prevents periods of incapacity for work resulting from sickness or injury from being counted as part of the minimum annual holiday prescribed by the Convention. The Committee hopes that the Government will rapidly take the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer shall pay the employee a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the general collective agreement, 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 employee. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service shall establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured concerning the determination of the time at which annual holidays are to be taken in the case of the workers covered by these conditions of service.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public services do not include a provision guaranteeing, in the event of termination of employment, that an employed person shall receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that provisions on the labour inspectorate are contained in the Labour Code, which is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that "the obligations of the present Convention solely concern employed persons in the modern sector" and that "agriculture in Chad is a subsistence activity, therefore agricultural workers are not governed by the obligations of the present Convention". The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that "Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132". The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons in economic sectors other than agriculture, as well as those in agriculture.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.