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

The Committee notes that the Government has confined itself to providing the same information as it provided in its first report and that no reply has been made to the Committee’s detailed comments. In accordance with established practice, the Government is under the obligation to supply a second detailed report describing in an exhaustive manner national law and practice on all the points indicated in the report form adopted by the Governing Body, including information on any points that the Committee may have raised in the meantime. Accordingly, so as to enable the Committee to engage in a productive dialogue on possible improvements to the labour legislation designed to give full effect to the provisions of the Convention, the Government is requested to provide further clarifications on the following matters.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportional leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code provides that the right of an employed person to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also notes that, under the terms of section 56 of the General Collective Agreement “the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code.” The Committee requests the Government to specify what constitutes “a period considered to be equivalent within the meaning of section 217 of the Labour Code”. Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to paid annual leave.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that there is no provision establishing that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention. The Committee hopes that the Government will rapidly adopt the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer shall pay the employed person a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the General Collective Agreement, the dates of annual holidays are determined by the employer taking into account the necessities of the service and, in so far as possible, the wishes of the employed person. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service shall establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured, in the case of the workers covered by these conditions of service, in relation to the determination of the time at which annual holidays are to be taken.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public service do not include a provision guaranteeing, in the event of termination of employment, that an employed person shall receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that the Labour Code contains provisions respecting labour inspection, but that the Code is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that the obligations of the present Convention solely concern employed persons in the modern sector and that agriculture in Chad is a subsistence activity, and therefore agricultural workers are not governed by the obligations of the present Convention. The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that “Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132”. The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons both in economic sectors other than agriculture and in agriculture.

Part V of the report form. The Committee requests the Government to provide 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 on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.