Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 2, paragraph 1, and Article 4 of the Convention. Postponement of annual paid holiday. The Committee notes that, according to the indications supplied by the Government in its report, it is rare for holiday to be postponed at the worker’s request as allowed in section 224 of the Labour Code because, under section 223 of the Code, when holidays are granted after expiry of the normal time limit, the employer must pay the worker double salary for the holiday period. The Committee also notes that the Government itself recognizes that national legislation is not in compliance with the provisions of the Convention in regard to the possibilities for postponing the holiday, that it notes the Committee’s comment on the matter and will make appropriate follow-up. The Committee expresses the hope that the Government will speedily take the necessary measures to bring its legislation into full conformity with the Convention on this point. In this regard, the Committee recalls that the Convention does not oppose the part of the holiday exceeding the minimum provided by the Convention (namely six working days after one year of service) being postponed. The Committee requests the Government to keep it informed of any future developments on this matter.

Part V of the report form. The Committee requests the Government to give 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 concerning the number of workers (classified into adults and young persons under 16 years of age, including apprentices) covered by the relevant legislation, the number and nature of the contraventions reported, etc.

The Committee also takes this opportunity to recall that, on a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered Convention No. 52 to be outmoded and requested States parties to that Convention to examine the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date but is relevant in certain regards (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in economic sectors other than agriculture by a State party to the Convention involves the immediate denunciation of Convention No. 52. The Committee requests the Government to keep the Office informed of any decision taken on this matter.