Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 1 of the Convention. Postponement of annual paid holiday by the employer. The Committee notes that, under section 74 of the Labour Code, an employer may postpone for one year the annual paid holiday of employees who carry out technical work or hold positions of trust and who are difficult to replace for a short period of time. It requests that the Government indicate whether this provision may be applied to agricultural workers and, if so, to specify the circumstances in which such a decision may be taken by the employer.

Article 3. Minimum period of service. The Committee notes that, according to the information provided by the Government in its report, the minimum period of service required in order to enjoy annual holidays with pay is one year of uninterrupted service. The Committee requests that the Government indicate which statutory provision establishes the abovementioned minimum period of service.

Article 5(c). Proportionate holidays. The Committee requests that the Government indicate whether, when the period of continuous service of a worker is shorter than the minimum period required to qualify for an annual holiday with pay - one year according to the information supplied by the Government - that worker may, nevertheless, enjoy proportionate holidays or payment in lieu thereof.

Article 5(d). Public holidays. The Committee notes that section 69 of the Labour Code provides for an annual paid holiday of 15 days, including public holidays. Article 5(d) of the Convention, however, provides that, where appropriate, public and customary holidays are to be excluded from the annual holiday with pay. The Committee requests that the Government indicate the measures adopted or envisaged to ensure this exclusion.

Part V of the report form. The Committee requests that the Government give a general appreciation of the manner in which the Convention is applied in practice by providing, for example, extracts of inspection service reports and, if possible, statistics on the number of workers covered by the legislation in force and the number and nature of violations reported.

The Committee also takes this opportunity to recall that, further to the proposal of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the ILO considered Convention No. 101 to be out of date and invited the States parties to that Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be entirely up to date, but remains relevant in certain aspects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations set forth in Convention No. 132 in respect of persons employed in agriculture, by a State party to Convention No. 101 ipso jure involves the immediate denunciation of that Convention. The Committee requests that the Government keep the Office informed of any decision taken in this regard.