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

The Committee notes the Government’s indications that a Wages Regulation Order containing new provisions applicable to agricultural workers was adopted in 2008. It requests the Government to provide a copy of this text, which was not attached to its report.

Article 5(a) of the Convention. Young workers. The Committee notes that, according to the Government, the Wages Regulation (Agricultural Workers) Order of 2008 does not deal with the defined categories of workers (young workers, older workers, seasonal workers, men and women) separately with regard to the right to an annual holiday with pay. It recalls that this provision of the Convention provides that, where appropriate and in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers, young workers, including apprentices, shall benefit from more favourable treatment in this regard. The Committee would be grateful if the Government would inform the Office of any steps which could be taken in the future to establish more favourable treatment for young workers with regard to annual holiday with pay.

Article 5(b). Length of service. The Committee requests the Government to indicate whether steps have been taken or envisaged to increase the duration of the annual paid holiday to which workers are entitled where they have completed a certain number of years of service, as set out in this provision of the Convention.

Article 5(d). Exclusion of public holidays or weekly rest and sick leave. The Committee notes that the Government’s report does not contain a reply to its previous comment on this point. It therefore requests the Government to indicate whether public and customary holidays, weekly rest periods and temporary interruptions of attendance at work due to such causes as sickness or accident are deducted from the annual paid holiday to which agricultural workers are entitled.

Article 6. Division of annual holiday. The Committee requests the Government to indicate whether workers are authorized to divide their annual paid holiday over two or more periods and, if so, to indicate the relevant legal provisions.

Article 7, paragraph 3. Remuneration. Payments in kind. The Committee notes the Government’s indications that the remuneration relating to the annual holiday of agricultural workers does not include payments in kind. Given that the granting of payments in kind (accommodation, agricultural produce, etc.) is relatively frequent for workers employed in agriculture, the Committee requests the Government to indicate whether these payments are replaced by their cash equivalent during the annual holiday period.

Article 8. Invalidity of any agreement to relinquish the right to an annual holiday. The Committee notes the Government’s confirmation in its report that section 11 of the Wages Council Act ensures the implementation of this provision of the Convention.

Article 9. Termination of the employment relationship. The Committee notes that, according to the Government’s report, section 4(2) of the Schedule of the Wages Regulation (Agricultural Workers) Order, 2008 answers its previous comment on this matter. The Committee will re-examine this issue when it will receive the text of the above Order.

Article 11 and Part V of the report form. Application in practice. The Committee notes that the Government does not currently have any statistics concerning the application of the Convention. It would be grateful if the Government would provide information, as soon as it is available, on the application of the Convention in practice, in particular on the labour inspectorate’s activities in the agricultural sector, the number and nature of violations reported and the follow-up action taken.

Finally, the Committee notes that the Government has been informed of the options available to it with regard to the ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132). It draws the Government’s attention to Article 16(b) of Convention No. 132, under which acceptance of the obligations of that Convention in respect of persons employed in agriculture by a Member which is a party to the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), shall ipso jure involve the immediate denunciation of that Convention. The Committee requests the Government to keep the Office informed of any decision taken in this regard.