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Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Anguilla

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5(d) of the Convention. Periods of incapacity due to sickness or injury not to be deducted from annual leave. The Committee recalls that whereas the Fair Labour Standards Ordinance 1988 excludes public holidays and weekly rest periods from the annual leave, no provision is made for similar exclusion of temporary incapacity to work due to sickness or injury. In its latest report, the Government indicates that a new draft Labour Code is under preparation with ILO technical assistance. In this connection, the Committee notes that section 80(a) and (c) of the draft Labour Code expressly provides that a period of annual holiday shall not include any period of sick leave or any period of disability caused by accident or disease, and is therefore fully consistent with Article 5(d) of the Convention. The Committee hopes that the above draft provision will be incorporated in the new Labour Code without modification and requests the Government to keep the Office informed of any progress made with regard to the adoption of the new legislation.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5(d) of the Convention. Periods of incapacity due to sickness or injury not to be deducted from annual leave. While noting that, under section 54(1) of the Fair Labour Standards Ordinance, 1988, the 12-day vacation entitlement is exclusive of Saturdays, Sundays and public holidays, the Committee requests the Government to specify how it is given effect in law and practice to the requirement that temporary interruptions of attendance at work due to sickness or accident may not be counted as part of the annual paid holiday.

Moreover, the Committee recalls that a draft Labour Code had been prepared in 2003, sections 64–69 of which essentially reproduced the provisions of the Fair Labour Standards Ordinance, 1988, on annual holidays with pay except for the length of annual paid leave that would vary from 14 to 18 days depending on the number of years of service. The Committee requests the Government to provide up to date information on any progress made with respect to the finalization and adoption of the Labour Code.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply general information on the application of the Convention in practice, including for instance statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on annual leave, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 should be classified as an outdated instrument and consequently States parties should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132), which may no longer be fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The ratification of Convention No. 132 would be all the more appropriate as the legislation of Anguilla is of general scope covering all workers, including agricultural workers. The Committee recalls that the Government may draw on the technical assistance and advisory services of the Office as regards any consequential amendments that might be necessary to introduce in the Fair Labour Standards Ordinance, 1988, following the possible ratification of Convention No. 132, and asks the Government to keep the Office informed of any decision taken or envisaged in this respect.