Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Article 6(1) of the Convention. With reference to its previous comments, the Committee observes that section 1(2) of Act No. 12.590 allows collective agreements to count customary holidays as part of an annual holiday. The Committee duly notes the Government's indication in its latest report that the customary holidays, such as Carnival Week, are unpaid, and for this reason the previously noted provision permits collective agreements to count customary holidays as part of annual holiday with pay. The Committee must once again point out that, by virtue of Article 6, paragraph 1, of the Convention, public and customary holidays must not be counted as part of the minimum annual paid holiday of three working weeks per year of service. It therefore once again expresses the hope that the Government will take suitable measures in the near future to bring the legislation into harmony with the Convention on this point. It also repeats its request to the Government to supply samples of collective agreements currently in force which provide for the inclusion of customary holidays as part of an annual paid holiday.

Article 7(2). The Committee notes the Government's indication in its report that for now it is not technically feasible to provide public servants their holiday pay in advance. The Committee wishes to draw the Government's attention to the fact that, under this provision of the Convention, remuneration for holidays must be paid in advance of the holiday, unless otherwise provided in an agreement applicable to the person concerned and the employer. It therefore once again requests the Government to indicate the measures taken or envisaged to ensure that civil servants are also paid the amounts due to them in advance of the holiday.

Articles 3, 8, 9, 10 and 12. The Committee notes the information supplied by the Government in reply to its previous comments concerning the application of these provisions of the Convention.