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Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Paraguay (RATIFICATION: 1966)

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Previous comment on Convention No. 1: Direct request

Previous comment on Convention No. 14: Direct request

Previous comment on Convention No. 30: Direct request

Previous comment on Convention No. 52: Direct request

Previous comment on Convention No. 106: Direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work industry), 14 (weekly rest in industry), 30 (hours of rest in commerce and offices), 52 (holidays with pay), 101 (holidays with pay in agriculture) and 106 (weekly rest in commerce and offices) together.

A. Hours of work

Article 6(1)(b) and (2) of Convention No. 1 and Article 7(2) and (3) of Convention No. 30. Temporary exceptions. Limits on authorized overtime. The Committee notes the reference made by the Government in its report to the current legislation, indicating that it does not set a limit on the maximum number of overtime hours that may be authorized each year. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Conventions, by providing for the annual limit of additional hours which is required to be set in relation to temporary exceptions in conformity with the provisions of Article 7(3) of Convention No. 30.

B. Weekly r est

Articles 4 and 5 of Convention No. 14 and Article 7 of Convention No. 106. Special weekly rest schemes. Compensatory rest. While noting the lack of information in response to its previous request concerning continuous processes, the Committee requests the Government to take the necessary measures to ensure that workers who are asked to work on a weekly rest day receive compensatory rest of at least 24 hours.

C. Paid l eave

Article 1 of Convention No. 52. Scope of application – Homeworkers. In response to the Committee’s previous comment concerning the exclusion of homeworkers from the provisions on paid annual leave, the Government indicates that under article 61 of the Labour Code, duties and obligations may also be set out in the contract of employment. While noting, once again, the lack of legislative provisions in this regard, the Committee requests the Government to take the necessary measures to guarantee homeworkers’ right to paid annual leave.

Article 2(3) of Convention No. 52 and Article 5(d) of Convention No. 101. Exclusion of absence due to sickness from annual leave. While noting the lack of information in this regard, the Committee requests the Government to take the necessary measures to ensure that interruptions of work due to illness are not included in the calculation of paid annual leave.

Article 2(4) of Convention No. 52 and Article 6 of Convention No. 101. Postponement of annual holidays. While noting the lack of information in this regard and recalling that only the fraction of paid leave exceeding the minimum period laid down in Convention No. 52 may be deferred, the Committee requests the Government to take the necessary measures to bring articles 223 and 224 of the Labour Code into conformity with Article 2(4) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 5(c) of the Convention. Proportionate holidays. The Committee notes that section 218 of the Labour Code establishes the right to annual holidays with pay, of a duration that varies according to the seniority of the worker, upon completion of a period of continuous service of one year with the same employer. It further notes that, under section 219 of the Labour Code, in the case of work that is not performed regularly throughout the year, the condition of continuous service is deemed to be met where, during the year, the employee has worked for at least 180 days. The Committee requests the Government to indicate whether, for other types of work, a worker whose period of service with the same employer is less than one year but more than a specified minimum period is entitled to proportionate holidays or payment in lieu thereof, as envisaged in this Article of the Convention. Where appropriate, the Government is asked to provide copies of the texts that are applicable.

Parts IV and V of the report form. The Committee notes with interest the documentation attached to the Government’s two last reports, and particularly the extracts from court rulings relating to the application of legal provisions respecting annual holidays with pay, the copy of an inspection report, the model register for annual holidays and the copy of the labour inspection manual. With regard to labour inspection activities and the violations of the legislation respecting holidays with pay that have been identified, the Committee requests the Government to refer to the comments that it is making under the Labour Inspection Convention, 1947 (No. 81).

The Committee takes this opportunity to recall that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 was outdated and invited the States parties to the Convention to contemplate ratifying Convention No. 132, which is not considered as being fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 involves ipso jure the immediate denunciation of the latter Convention. The ratification of Convention No. 132 would appear particularly appropriate since the legislation of Paraguay respecting annual holidays with pay is clearly more favourable than the requirements of Convention No. 101, even though the level remains below that of Convention No. 132 (three weeks of holiday for each year of service) in the case workers who have not been in the employment of the enterprise for over five years. The Committee requests the Government to keep the Office informed of any decision that may be taken with regard to the ratification of Convention No. 132.