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Holidays with Pay Convention, 1936 (No. 52) - Burundi (RATIFICATION: 1971)

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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work), No. 14 (weekly rest), Nos 52 and 101 (annual holiday with pay) and No. 89 (women’s night work) together.
Legislative developments. The Committee notes that in 2019, the Office provided technical comments on the revised draft Labour Code sent by the Government. It requests the Government to provide information on developments relating to the reform of the Labour Code, to which the Government refers in its reports. In the hope that this reform will ensure full compliance with the provisions of the ratified Conventions, the Committee requests the Government to take its comments, set out below, into account when finalizing the current legislative reform.

Weekly rest

Article 2 of Convention No. 14. Period of weekly rest. Further to its previous comments on the need to amend section 114 of the Labour Code, which contains a material error as currently worded, the Committee notes the Government’s indication that the committee appointed in 2016 to propose amendments has proposed an amendment to section 114.

Annual holiday with pay

Articles 2(3)(a) and 7 of Convention No. 52 and Articles 5(c) and 7 of Convention No. 101. Days not counted as annual holiday. Qualifying period. Record keeping. Further to its previous comments on these matters, the Committee notes the Government’s indication that section 130 of the Labour Code establishes the minimum period of paid annual holiday; in this respect, the Committee notes that every day of the week is considered a working day, with the exception of the weekly rest day and public holidays (section 15(g) of the Labour Code). The Government also indicates that section 130, under which the minimum period of service giving entitlement to paid annual holiday is one year, will be amended as part of the current revision of the Labour Code so that annual holiday is granted on a pro rata basis in relation to length of service. The Government adds that, in practice, workers have holiday in proportion to their length of service even before completing one year of service. Lastly, the Government indicates that the records specified in section 168 of the Labour Code contain a field with the date and the number of days of holiday for each worker.

Women’s night work

Article 3 of Convention No. 89. Prohibition of night work by women. Further to its previous comments, the Committee recalls that the national legislation does not prohibit night work by women and that the Government indicated in previous reports that it had initiated the procedure for the denunciation of the Convention. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to finalize its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender specific instrument, but focuses on the protection of all those working at night.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee again requests the Government to take the necessary steps to ensure that public and customary holidays are not included in the number of days of annual holiday with pay to which workers are entitled under the national legislation.
Article 7. Record keeping. The Committee recalls that, in order to facilitate the effective application of the Convention, every employer is required to keep, in a form approved by the competent authority, a record showing: (a) the date of entry into his/her service of each person employed by him/her and the duration of the annual holiday with pay to which each such person is entitled; (b) the dates at which the annual holiday with pay is taken by each person; and (c) the remuneration received by each person in respect of the period of his or her annual holiday with pay. The Committee requests the Government to indicate the legal provisions whereby employers are required to keep such records and to provide a specimen of employers’ records as approved by the competent authorities.

CMNT_TITLE

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 comments.
Repetition
Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee again requests the Government to take the necessary steps to ensure that public and customary holidays are not included in the number of days of annual holiday with pay to which workers are entitled under the national legislation.
Article 7. Record keeping. The Committee recalls that, in order to facilitate the effective application of the Convention, every employer is required to keep, in a form approved by the competent authority, a record showing: (a) the date of entry into his/her service of each person employed by him/her and the duration of the annual holiday with pay to which each such person is entitled; (b) the dates at which the annual holiday with pay is taken by each person; and (c) the remuneration received by each person in respect of the period of his or her annual holiday with pay. The Committee requests the Government to indicate the legal provisions whereby employers are required to keep such records and to provide a specimen of employers’ records as approved by the competent authorities.

CMNT_TITLE

The Committee notes 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:
Repetition
Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee again requests the Government to take the necessary steps to ensure that public and customary holidays are not included in the number of days of annual holiday with pay to which workers are entitled under the national legislation.
Article 7. Record keeping. The Committee recalls that, in order to facilitate the effective application of the Convention, every employer is required to keep, in a form approved by the competent authority, a record showing: (a) the date of entry into his/her service of each person employed by him/her and the duration of the annual holiday with pay to which each such person is entitled; (b) the dates at which the annual holiday with pay is taken by each person; and (c) the remuneration received by each person in respect of the period of his or her annual holiday with pay. The Committee requests the Government to indicate the legal provisions whereby employers are required to keep such records and to provide a specimen of employers’ records as approved by the competent authorities.

CMNT_TITLE

The Committee notes that, in the observations received on 31 August 2012, the Trade Union Confederation of Burundi (COSYBU) is calling for the Government to ratify the Holidays with Pay Convention (Revised), 1970 (No. 132), which revises Convention No. 52. The Committee draws the Government’s attention to the fact that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 52 was obsolete and invited the States party to this Convention to consider the possibility of ratifying Convention No. 132, which is not considered as being fully up to date but is still relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance by Burundi of the obligations of Convention No. 132 with respect to persons employed in economic sectors other than agriculture would result in the automatic denunciation of Convention No. 52. Furthermore, acceptance of its obligations with respect to persons employed in agriculture would result in the automatic denunciation of the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), which was also ratified by Burundi. The Committee therefore requests the Government to keep the Office informed of any decision that it might take regarding the possible ratification of Convention No. 132. Moreover, noting with regret that the Government has not submitted a report on the application of the Convention since 2003, it requests the Government to supply without delay the information requested in reply to its previous direct request, which was concerned with the following points.
Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee again requests the Government to take the necessary steps to ensure that public and customary holidays are not included in the number of days of annual holiday with pay to which workers are entitled under the national legislation.
Article 7. Record keeping. The Committee recalls that, in order to facilitate the effective application of the Convention, every employer is required to keep, in a form approved by the competent authority, a record showing: (a) the date of entry into his/her service of each person employed by him/her and the duration of the annual holiday with pay to which each such person is entitled; (b) the dates at which the annual holiday with pay is taken by each person; and (c) the remuneration received by each person in respect of the period of his or her annual holiday with pay. The Committee requests the Government to indicate the legal provisions whereby employers are required to keep such records and to provide a specimen of employers’ records as approved by the competent authorities.

CMNT_TITLE

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:
Repetition
Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee notes that neither the Labour Code of 1993, nor the Statute of Public Servants of 1998 and Decree No. 100/111 of 16 September 1999 on the application of the statute of public servants with regard to holidays, nor Decree No. 100/169 of 12 October 1992 on the list and regulations of public holidays contain any provisions which would ensure that public and customary holidays shall not be included in the annual holidays with pay. It requests the Government to indicate the measures taken or envisaged to give effect to the Convention in this respect.
Article 7. Record keeping. Please provide a specimen of the employer’s record as approved by the competent authority.

CMNT_TITLE

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:

Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee notes that neither the Labour Code of 1993, nor the Statute of Public Servants of 1998 and Decree No. 100/111 of 16 September 1999 on the application of the statute of public servants with regard to holidays, nor Decree No. 100/169 of 12 October 1992 on the list and regulations of public holidays contain any provisions which would ensure that public and customary holidays shall not be included in the annual holidays with pay. It requests the Government to indicate the measures taken or envisaged to give effect to the Convention in this respect.

Article 7. Record keeping. Please provide a specimen of the employer’s record as approved by the competent authority.

CMNT_TITLE

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:

Article 2, paragraph 3(a), of the Convention. Public holidays not to be included in annual holidays. The Committee notes that neither the Labour Code of 1993, nor the Statute of Public Servants of 1998 and Decree No. 100/111 of 16 September 1999 on the application of the statute of public servants with regard to holidays, nor Decree No. 100/169 of 12 October 1992 on the list and regulations of public holidays contain any provisions which would ensure that public and customary holidays shall not be included in the annual holidays with pay. It requests the Government to indicate the measures taken or envisaged to give effect to the Convention in this respect.

Article 7. Record keeping. Please provide a specimen of the employer’s record as approved by the competent authority.

CMNT_TITLE

The Committee notes 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:

Article 2, paragraph 3(a), of the Convention. The Committee notes that neither the Labour Code of 1993, nor the Statute of Public Servants of 1998 and Decree No. 100/111 of 16 September 1999 on the application of the statute of public servants with regard to holidays, nor Decree No. 100/169 of 12 October 1992 on the list and regulations of public holidays contain any provisions which would ensure that public and customary holidays shall not be included in the annual holidays with pay. It requests the Government to indicate the measures taken or envisaged to give effect to the Convention in this respect.

Article 7. Please provide a specimen of employers’ records as approved by the competent authority.

Part III of the report form. The Committee requests the Government to refer to the comments made under the Labour Inspection Convention, 1947 (No. 81).

CMNT_TITLE

The Committee notes the information supplied with the Government’s report. It asks the Government to provide further details on the following points.

Article 2, paragraph 3(a), of the Convention. The Committee notes that neither the Labour Code of 1993, nor the Statute of Public Servants of 1998 and Decree No. 100/111 of 16 September 1999 on the application of the statute of public servants with regard to holidays, nor Decree No. 100/169 of 12 October 1992 on the list and regulations of public holidays contain any provisions which would ensure that public and customary holidays shall not be included in the annual holidays with pay. It requests the Government to indicate the measures taken or envisaged to give effect to the Convention in this respect.

Article 7. Please provide a specimen of employers’ records as approved by the competent authority.

Part III of the report form. The Committee notes that the information on the organization and functioning of labour inspection, which was indicated in the report, has so far not been supplied. It requests the Government to furnish the relevant information with its next report.

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