Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government confines itself to reiterating information already provided in its previous reports. The Government indicated previously that amendments, formulated by the National Labour Advisory Commission to bring certain provisions of the Labour Code into conformity with the Convention, would be available during the course of 2004. In the absence of new elements in this respect, the Committee urges the Government to take the necessary measures concerning the matters that have been raised in its observations for several years.

Article 5(1) and (2) of the Convention. Minimum period of service for entitlement to annual holiday with pay. Further to its previous comments, the Committee notes that under section 92(1) of the Labour Code the minimum period of service required for entitlement to any annual holiday with pay is one year. It also notes that, under section 92(2), collective agreements determining a period of holiday that is longer than the period determined by section 89 of the Labour Code may establish a longer minimum period of service, up to a maximum of two years. The Committee once again recalls that the establishment of a minimum period of actual service is an option and not a requirement. It further emphasizes that, Article 5, paragraph 2, the Convention establishes that the minimum period of service must not in any circumstances exceed six months. The Committee requests the Government to take the necessary measures to reduce to six months at the most the statutory period of service and any such periods established by collective agreement for entitlement to annual holiday with pay.

Article 9. Postponement of annual holiday with pay. The Committee notes that, under the terms of section 1(3) of Decree No. 75-28 of 10 January 1975, the annual holiday with pay may be postponed, at the request of the worker, for a period of up to two years. The Committee has been drawing the Government’s attention since 1980 to the fact that this provision is not in conformity with Articles 8, paragraph 2, and 9, paragraph 1 of the Convention, which provide that a holiday of two uninterrupted working weeks must be granted no later than one year from the end of the year in respect of which the holiday entitlement has arisen, and the remainder of the holiday no later than 18 months from the same starting point. The Committee requests the Government to take the necessary measures to amend section 1(3) of Decree No. 75-28 of 10 January 1975 and bring it into conformity with these provisions of the Convention.