Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 6, paragraph 1, of the Convention. Public holidays. The Committee notes with regret that, according to the information supplied by the Government, section 1 of Act No. 12 590 still allows collective agreements to authorize public holidays - including the carnival and the tourist festival - to be counted in the annual holiday, a matter on which the Committee has been commenting since 1982. The Committee recalls that Article 6, paragraph 1, of the Convention provides that public and customary holidays shall not be counted as part of the minimum annual holidays with pay of not less than three working weeks for one year of service. It therefore once again expresses hope that the Government will shortly take the necessary measures to bring the legislation into line with the provisions of the Convention on this point. The Committee also notes that under section 8 of the abovementioned Act, the days not worked owing to festivities ("festividades o asueto") may not be counted in the annual holiday. It also notes that section 18 of the Act establishes five public holidays with pay. The Committee accordingly asks the Government to specify the country’s public and customary holidays, and the status of the carnival and the tourist festival. It also requests the Government to indicate whether existing collective agreements allow public and customary holidays to be counted in the annual holiday, and if so to provide a copy of them.

Article 7, paragraph 2. Payment in advance of the holiday - Civil servants. The Committee notes that, in the report it sent in 2000, the Government indicates that wages must be paid before the beginning of the annual holiday. It requests the Government to confirm that this measure applies to civil servants as well.

Part V of the report form. The Committee notes the general statistics on the activities of the inspection service appended to the Government’s last report. It requests the Government to send more specific information that may exist on the number of workers covered by the legislation on holidays with pay and the number and nature of any infringements reported in this area.