Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 5 of the Convention. Increase in the duration of annual holiday with length of service. The Committee recalls the Government’s indication in earlier reports that collective agreements make provisions for an increase in the duration of the annual holiday based on the worker’s length of service. The Committee once again requests the Government to specify whether any such agreements are still in effect and, if so, to transmit copies of the relevant texts.

Article 8. Right to annual holiday with pay. The Committee notes that there appears to exist no specific provision in the general labour legislation to ensure that workers may not relinquish the right to annual holiday with pay, as prescribed by this Article of the Convention, even though this principle may well be observed in practice. Noting that the Labour Code is currently under review, the Committee invites the Government to consider the possibility of introducing a new legislative provision expressly prohibiting any agreement to relinquish the right to an annual holiday with pay or to forego such a holiday so as to align the national legislation with prevailing practice.

Article 11 of the Convention and Part V of the report form. Noting that the Government has for the last time provided some statistical information concerning the practical application of the Convention in 1979, the Committee would be grateful if the Government would supply in future reports all available information, including, for instance, extracts from labour inspection reports containing information and statistical data on the enforcement of holidays with pay in agriculture.

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Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 is an outdated instrument and consequently States parties should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised),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 Committee asks the Government to keep the Office informed of any decisions taken or envisaged in this respect.