Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the adoption of Act No. 133/AN/05/5ème L of 28 January 2006 issuing the Labour Code, section 99 of which establishes the right to annual holidays with pay. The Committee also notes the comments made by the General Union of Djibouti Workers (UGTD) on the application of the Convention. According to the UGTD, there are no specific provisions in the legislation concerning holidays with pay for the various occupational categories of workers, in particular agricultural workers. It notes that the UGTD acknowledges, however, that the right to annual holidays with pay is recognized by section 99 of the Labour Code and that the union does not refer to any particular difficulties in the application of this provision. The Committee would be grateful if the Government would supply further information on the following points.

Article 2, paragraph 2, of the Convention. Collective agreements. The Committee notes that section 99 of the Labour Code states that, in the absence of more favourable provisions laid down by collective agreements or accords or by individual employment contracts, workers shall be entitled to holidays with pay, provided by the employer, in the amount of two-and-a-half working days per month of actual service. The Committee requests the Government to indicate whether collective agreements in force contain provisions relating to holidays with pay and, if so, to send a copy of them.

Article 2, paragraph 3. Consultation of employers’ and workers’ organizations. The Committee notes that the Government has not supplied any information in its report under Convention No. 52 on any consultations held with employers’ and workers’ organizations before the adoption of the Labour Code, as provided for by this provision of the Convention. It requests the Government to supply further information on this subject. In this respect, the Committee notes with interest that on 28 February 2005 the Government ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 3. Minimum period of service. The Committee notes that section 102 of the Labour Code provides for a minimum period of service of one year for an annual holiday corresponding to two-and-a-half working days per month of actual service. It notes, however, that collective agreements and employment contracts can impose a longer period of service, up to two years, if they provide for longer annual holidays than those laid down by section 99 of the Code. The Committee recalls that Paragraph 1 of the Holidays with Pay (Agriculture) Recommendation, 1952 (No. 93), which supplements the Convention, states that the minimum length of the holiday with pay should be one working week for a period of one year’s continuous service, with proportionate holidays for a lesser period of continuous service. The Committee draws the Government’s attention to the minimum period of service allowed by section 102 of the Labour Code (up to two years) and requests it to consider the possibility of establishing the right to proportionate holidays for workers who have not yet acquired such seniority.

Article 5. The Committee requests the Government to indicate whether it envisages, in accordance with this provision of the Convention, to provide for: (a) a more favourable scheme for young workers; (b) an increase in the duration of the paid holiday with the length of service; (c) the exclusion of temporary interruptions of attendance at work due to non-occupational accident or sickness from the annual holiday with pay.

Article 10 and Part V of the report form. The Committee requests the Government to refer to its comments made with respect to the Labour Inspection Convention, 1947 (No. 81).

The Committee also takes this opportunity to recall that, following 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 this Convention to envisage 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 GV.283/LILS/WP/PRS/1/2, para. 12). Acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a Member which is party to Convention No. 52 shall ipso jure involve the immediate denunciation of that Convention. The Committee requests the Government to keep the Office informed of any decision that it may take in this respect, particularly since the provisions of the new Labour Code appear in overall terms to be in conformity with Convention No. 132.