Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes that the Government’s report does not contain any new information in reply to the matters raised in its previous direct request. It notes in particular the reference made once again by the Government to a draft revised text of the Labour Code of 1995 and hopes that its comments will be taken into account, particularly with regard to the following Articles of the Convention.

Article 2 of the Convention. Scope of application. Domestic workers. The Committee notes that the Government’s report does not contain any new information with regard to the draft revised text of section 3(4)(b) of the Labour Code (Act No. 5 of 1995) which would give effect to the provisions of the Labour Code respecting the holidays of domestic workers. The Committee once again requests the Government to keep the Office informed of any development relating to the adoption of this amendment to the Labour Code.

Article 6, paragraph 2. Sick leave. The Committee notes that, under the terms of section 82(1) of the Labour Code, an employer can approve sick leave for a worker and not deduct it from his or her annual holiday if the worker falls ill during the said holiday. The Committee requests the Government to provide further information on the discretionary power of the employer as to whether or not to approve the sick leave of an employee.

Article 7, paragraph 2. Time of the payment of holiday remuneration. The Committee notes that section 79 of the Labour Code establishes the right to at least 30 days’ holiday, on full wages, for each year of effective service. It requests the Government to indicate the measures adopted to ensure that the amounts due to workers in this respect are paid to the person concerned in advance of the holiday, as established by this provision of the Convention.

Article 8, paragraph 2. Division of the annual holiday. The Committee notes that, in accordance with section 79(3) of the Labour Code, the holidays granted to a worker shall consist of at least two days at a time. The Committee draws the Government’s attention to the fact that, unless otherwise provided in an agreement applicable to the employer and the employed person concerned, in the event of the division of the holiday, one of the parts shall consist of at least two uninterrupted working weeks. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to this provision of the Convention.

Article 10. Time of the holidays. The Committee requests the Government to indicate the regulations applicable to the determination of the time at which the annual holiday of each worker shall be taken.

Article 11. Termination of employment. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that, in the event of termination of employment, an employed person shall receive either a holiday with pay proportionate to the length of service for which such a holiday has not been received, or compensation in lieu thereof, or the equivalent holiday credit.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including for instance extracts from reports of the inspection services and, where possible, statistical data on the number of workers covered by the legislation, the number of contraventions reported in relation to annual holidays with pay, etc.