Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 3(b), of the Convention. Interruptions of work due to sickness. The Committee notes that the Industrial Relations Bill, which provides that periods of incapacity for work due to sickness or an accident shall not be included in the annual holidays, is still under examination. The Committee recalls that it has been requesting for over 30 years that section 38 of the current Labour Code, which does not explicitly provide for such exclusion, should be supplemented so as to secure its full conformity with this provision of the Convention. It trusts that the new Industrial Relations Act will be adopted in the very near future.

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 indicating the number and nature of the infringements reported, statistical information on the number of workers (classified into adults and young persons under 16 years of age, including apprentices) who are covered by the legislation on holidays with pay, etc.

The Committee also takes this opportunity to recall that, on the proposal of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the ILO considered that Convention No. 52 was out of date and invited the States parties to this Convention to contemplate the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date, but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132, for persons employed in economic sectors other than agriculture, by a State party to Convention No. 52 ipso jure involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision that it may take in this respect.