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

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:

The Committee notes that under section 224 of the Labour Code (promulgated by Act No. 213 of October 1993), holidays cannot be accumulated; nevertheless, at the worker's request they can be accumulated for two years provided that the firm's interests are not prejudiced. Under section 225, workers are entitled to a holiday period without a break except where the employer, for urgent reasons, can require them to return to work. In this case, the worker does not lose his entitlement to resume his holidays.

The Committee recalls that under the Convention every person to whom it applies shall be entitled to an annual holiday with pay of at least six working days (Article 2(1) and Article 4 of the Convention) and that only the part of the holiday which exceeds this minimum may be postponed (Article 2(4)).

Furthermore, the Committee states that similar provisions in the former Labour Code of 1961 had already been amended by Act No. 506 of 1976 to harmonize them with the Convention.

The Committee requests the Government to inform it on the measures taken or envisaged to ensure that the persons protected by the Convention enjoy an annual holiday with pay of at least six working days.