Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

The Committee notes the observations of the workers’ organizations represented at the National ILO Council which were incorporated in the Government’s report.

Articles 2–5 of the Convention. Policy to promote paid educational leave. Application of the Convention in practice. The Government recalls in its report that employees are entitled to paid educational leave under section 55(1) of the Labour Code for the purpose of elementary school studies as well as initiation and continuing training pursuant to an agreement with the employer. The Government adds that, pursuant to section 229 of the Labour Code, a study contract can also be lawfully concluded to support participation in training or further training referred to in section 55(1)(g) of the Labour Code. Moreover, the Government indicates how absentee pay is calculated, adding that the Labour Code allows the employer to ensure higher wages for the period of absence of working based on collective agreements or a unilateral decision. The Committee notes the observations of the workers’ organizations indicating that “absentee pay” allows for the inclusion of only a few benefits specified by law in addition to the base wages.

The Committee refers in this regard to Paragraph 20 of the Paid Educational Leave Recommendation, 1974 (No. 148), which states that the financial entitlements of workers during paid educational leave should: (a) maintain their level of earnings by continued payment of their wages and other benefits, or by adequate compensation therefor, as provided for by national laws or regulations, collective agreements, arbitration awards or such other means as may be consistent with national practice; and (b) take account of any major additional costs of education or training. The Committee requests the Government to provide further information on the calculation of “absentee pay”. The Committee further requests the Government to provide information on the extent to which educational leave is dependent on an agreement with the employer. It also requests the Government to provide information on the application of the Convention in practice by including, for instance, extracts from reports, studies, inquiries, and statistics on the numbers of workers granted paid educational leave.

Article 2(c). Paid educational leave for trade union education. The Committee previously noted that the Labour Code of 2012 did not contain a specific provision allowing for paid educational leave for trade union education. It had requested the Government to provide information on further measures adopted with the aim to promote paid educational leave for trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012. The Government indicates in its report that section 55(1) of the Labour Code is applicable to all employees, including trade union members. Although the Code does not specifically refer to trade union training, as a result of the general rule, employees may also be exempted from work duty subject to an agreement for the duration of any training, including trade union training. A trade union may also agree with the employer in the collective agreement on separate preferences for trade union training. The Government also refers to section 274 of the Labour Code concerning working time reduction to employees which may include training, further training or a study trip organised by the trade union. The Government adds that the assessment of the implementation of the Labour Code is still in progress. The Committee notes the observations of the workers’ organizations indicating that they maintain their position that neither the legislation, nor the practice supports the option of paid educational leave for purposes defined in Article 2(c) of the Convention. The Committee requests the Government to provide information on the impact of the measures adopted with the aim to promote paid educational leave for trade union education, as well as information on the outcome of the evaluation undertaken on the implementation of the Labour Code of 2012.