Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 132) sur les congés payés (révisée), 1970 - Burkina Faso (Ratification: 1974)

Autre commentaire sur C132

Observation

1992

Demande directe

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Article 4(1) of the Convention. Proportional leave. With reference to its previous comment, the Committee notes the Government’s indication that workers whose period of service is shorter than the reference period of one year, set out in the national legislation, benefit from a minimum period of paid holidays calculated pro rata to their effective period of employment at the rate of two-and-a-half days per month of effective service. The Committee observes, however, that Order No. 2009-014/MTSS/SG/DGT/DER of 18 December 2009 mentioned by the Government only provides that the right to proportional leave is granted after five years of service that may be extended through collective agreement (section 5). The Committee therefore requests the Government to indicate the provision of the legislation which gives effect to this Article of the Convention.

Article 5(1) and (2). Minimum period of service. With reference to its previous comment, the Committee notes the Government’s indication that section 165 of the Labour Code is still in force and that up to now there have been no legislative amendments to align the national legislation with the requirements of the Convention. However, the Government emphasizes that consultations between the social partners are being held with a view to the adoption of measures to bring the national legislation into conformity with the provisions of the Convention. While noting the explanations provided by the Government, the Committee hopes that these consultations will be completed in the very near future with a view to the adoption of the necessary measures to bring the national legislation into conformity with the provisions of the Convention. The Committee requests the Government to provide a copy of the amended text once it has been adopted.

Article 6(2). Exclusion of periods of incapacity of work from the period of annual holidays with pay. The Committee notes the Government’s reply that, for the calculation of the period of holidays acquired, absences due to employment injury or occupational diseases are not deducted from the period of service. The Committee wishes to draw the Government’s attention to the fact that its reply falls within the situation covered by Article 5(4) of the Convention, and not that envisaged by Article 6(2), which provides that periods of annual holiday with pay that cannot be taken due to sickness or injury shall be postponed, but may not be lost. The Committee therefore requests the Government to take the appropriate measures to ensure that such periods of incapacity for work cannot be deducted from the period of annual holidays with pay, thereby giving full effect to the provisions of this Article of the Convention.