Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the information provided in the Government's report in reply to its earlier comments.

1. Part V (Annual holidays with pay), Article 42 of the Convention. The Committee notes with interest the provisions of sections 76 to 79 of the Labour Code (Act No. 185 of 1996) which set forth the conditions of remuneration regarding paid holidays. The Committee takes particular note of the provisions of section 77 of this text which provides that on termination of an employment contract, or employment relationship, the worker shall be entitled to be paid his wages, and also the proportion due to him in respect of benefits accumulated from the period of employment. Section 78 of the same text adds that the calculation for paid holidays shall be based on the last ordinary wage earned by the worker, and in the case of fluctuation in wages, it shall be based on the ordinary wage earned over the last six months.

2. Article 74, paragraph 1(c). The Committee hopes that the Government will indicate in its next report, whether there are provisions under which labour inspectors are empowered to notify the competent authorities of shortcomings and infringements which are not explicitly included in the provisions of the Labour Inspectors' Regulations.

Article 76. The Committee hopes that the Government will communicate detailed information in its next report on the conditions of service of the labour inspectors and indicate the measures adopted or envisaged to ensure their stability of employment and independence from changes of government and improper external influences.

Article 79(a). The Committee trusts that the Government will communicate information in its next report on progress achieved as regards the application of the provisions of the Convention which prohibit labour inspectors from having any direct or indirect interest in the undertakings under their supervision.

Article 84. The Committee regrets that the Government has not sent the periodic inspection reports for the plantations which it had previously requested. The Committee hopes that the Government will send examples of these documents with its next report,.

3. The Committee asks the Government to refer to the following comments it has made on the application of other Conventions:

Part IV (Wages), Articles 26 to 35. Please see the comments drafted by the Committee at its 1998 meeting regarding the application of Conventions Nos. 95 and 131.

Part VIII (Workmen's compensation), Article 51. Please see the comments made by the Committee at its last meeting (1999) regarding the application of Convention No. 12.

Part IX (Right to organize and collective bargaining). Please see the comments made by the Committee at its last meeting (1999), in respect of the application of Convention No. 98.

Part X (Freedom of association). Please see the comments drafted by the Committee in 1998 in respect of the application of Convention No. 87.