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

Article 2 of the Convention. Legislation and collective agreements. The Committee notes the Government’s statement to the effect that the granting of holidays with pay in agriculture is governed by the provisions of the Labour Code, collective agreements and enterprise agreements. It also notes that certain collective agreements and certain enterprise agreements grant holiday of two working days per month, i.e. 24 working days per year. The Committee would be grateful if the Government would supply copies of collective agreements providing for the granting of 24 working days’ paid leave per year. Furthermore, the Committee notes that the Government, in its report on the application of the Convention No. 52, mentions a new Labour Code which has reportedly taken into account the Committee’s observations and fixed the minimum length of annual paid holiday at two working days per month. The Committee requests the Government to supply further details on the law in force and copies of any relevant text which has not been previously sent to the Office.

Article 10 and Part V of the report form. The Committee requests the Government to refer to its comments on the Labour Inspection Convention, 1947 (No. 81). It also requests the Government to supply general information on the way in which the Convention is applied in practice, including, for example, statistical information on the number of workers covered by the legislation in force and also on the number and nature of infringements reported, with respect to the workers’ right to annual paid holidays.

The Committee also takes this opportunity to recall that, on the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 was outdated and invited the States parties to the Convention to consider the possibility of ratifying Convention No. 132, which is not regarded as being fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132, for persons employed in agriculture, by a State party to Convention No. 101 entails ipso jure the immediate denunciation of the latter. This approach appears all the more appropriate as the legislation of the Central African Republic, which provides for annual paid holiday of 18 working days for each 12-month period of actual service, is much more favourable than the requirements of Convention No. 101 and reflects the requirements of Convention No. 132, which fixes the minimum length of annual paid holiday at three weeks for one year of service. The Committee requests the Government to keep the Office informed of any decision taken with regard to the possible ratification of Convention No. 132.