Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 8 of the Convention. Right to annual holidays with pay. The Committee notes the statement in the Government’s last report that section 63(6) of the Draft Employment Act would provide that any agreement to relinquish the right to minimum annual holiday would be null and void. The Committee hopes that the Act will be adopted in the near future, bringing section 12(a) of Government Notice No. 888, which it has repeatedly highlighted as being in need of amendment, into conformity with the Convention. It requests the Government to provide a copy of the full text of the revised legislation as soon as it is adopted.

The Committee also takes this opportunity to recall that, on proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 is outdated and has invited States parties to that Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not deemed to be fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in agriculture by a State party to Convention No. 101 involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.