Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes with interest the adoption of Act No. 133/AN/05/5ème L of 28 January 2006 issuing the Labour Code which provides, in section 99, for an annual holiday with pay of two-and-a-half working days per month of effective service. It would appreciate receiving further information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that, under the terms of section 1(6) of the Labour Code, the Code is applicable throughout the national territory, with the exception of “export processing zones”, which are covered by specific legislation. It further notes that, under the terms of section 31 of Act No. 53/AN/04 of 17 May 2004 issuing the Code respecting export processing zones, with the exception of the derogations established by the Act, the Labour Code governs labour relations within export processing zones. In this respect, the Committee notes that the Code respecting export processing zones does not contain provisions respecting annual holidays with pay. The Committee therefore understands that the right to annual holidays with pay of workers employed in export processing zones is governed by the Labour Code. The Committee requests the Government to confirm that this is indeed the case.

Article 2, paragraph 5. Progressive increase in the duration of the annual holiday with pay. The Committee requests the Government to indicate whether the provisions of the legislation or collective agreements provide for the progressive increase in the duration of the annual holiday with pay with length of service, as prescribed by this provision of the Convention.

Article 7. Records. The Committee requests the Government to indicate whether the national legislation imposes the requirement upon employers to keep, in a form approved by the competent authority, a record showing the date of entry into service of each person employed and the duration of the annual holiday with pay to which each such person is entitled, the dates on which the annual holiday with pay is taken by each person and the remuneration received by each person in respect of the period of the annual holiday with pay. If so, the Government is requested to provide copies of the relevant provisions and of the form of the record approved by the competent authority.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if possible, information concerning the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the measures taken to bring them to an end, etc.

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. 52 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 GB.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.