National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Repetition Article 2(3) of the Convention. Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that, contrary to the Government’s indications, the Labour Code No. 12 of 2010 contains no explicit provision excluding public holidays and interruptions of attendance at work due to sickness from the calculation of annual holidays with pay. The Committee understands, however, that a new draft Labour Code is currently under preparation with the technical assistance of the International Labour Office, and that section 181 of the draft text expressly provides that public holidays that fall during a period of leave and sick days, provided that a supporting medical certificate is submitted, are not counted as part of the worker’s leave. The Committee hopes that this draft provision, which gives full effect to the requirement of Article 2(3) of the Convention, will be adopted without change, and requests the Government to keep the Office informed of any progress made with regard to the finalization of the new Labour Code.
Repetition Article 3 of the Convention. Prohibition of night work for women. The Committee understands that a new draft Labour Code is under preparation, with ILO technical assistance, that no longer contains a general prohibition against the night work of women in industry. The Committee notes that removing that prohibition is consonant with the current trend favouring the review of all gender specific protective legislation with a view to gradually eliminating all provisions contrary to the principle of gender equality and non-discrimination – except those connected with maternity protection – while taking due account of national circumstances. Welcoming every effort to improve employment opportunities for women and to ease the constraints hindering their employment, the Committee hopes that the new Labour Code once promulgated will lift the ban on women’s night work. The Committee also hopes that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards for the protection of all night workers irrespective of gender, and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.