Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report contains no new information in reply to its previous comments. It must therefore repeat its previous observation which read as follows:

For many years the Committee has observed that article 129, paragraph 2, of the Labour Code provides that the right to paid holiday is not obtained before a period of service of 24, sometimes 30 months, whereas Article 2, paragraph 1, of the Convention sets the period at one year. In spite of the preparation of a modification of this provision in 1980 and 1988, with technical assistance from the ILO, and a statement from the Government at the Conference Committee in 1992 confirming that the procedure of modification had been undertaken to bring this into conformity with the Convention, the Committee once again notes that the Government’s most recent report only mentions that it has taken into consideration this concern by the Committee of Experts with regard to the preparation of a new Labour Code. The Committee recalls that within the scope of the Convention, the right to an annual holiday with pay of at least six working days is an entitlement after one year of continuous service. The Committee expresses its firm hope that the Government will make every effort to take the necessary measures in the very near future.

Article 8 of the Convention. The Government indicates in its report that there is no sanction in the Labour Code for employers who do not respect the provisions of the Convention. The Committee recalls that any Member which has ratified the Convention is required to have a system of sanctions to ensure its application as well as to provide reports with information on the organization and functioning of the inspection service. It hopes that here as well the Government will take adequate measures to bring its legislation into conformity with the Convention.