Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 2(1) of the Convention. Minimum service period for the right to holidays with pay. The Committee notes with satisfaction the adoption of Law No. 09.004 of 29 January 2009 on the Labour Code which improves the system of annual holidays with pay, especially in its article 282 which gives workers an annual paid holiday after completing a year of continuous service, instead of a period of service of 24 months, even 30 months, as was called for under the previous Act No. 61-221 of 2 June 1961 establishing the Labour Code – a point on which the Committee has made comments for more than 30 years. The Committee also notes that section 281 called for two working days of holiday per month for workers, instead of one and a half days under the previous Labour Code.

Article 8 and Parts IV and V of the report form. System of sanctions – Judicial decisions and practical application. The Committee notes with interest that, by virtue of articles 389 and 392 of the new Labour Code, infractions of the provisions concerning annual holidays with pay are hereafter punished by a fine of 100,000 to 1,000,000 CFA francs (approximately €152 to €152,450), and penalties of imprisonment from one to six months may be required in case of repetition. The Committee notes, however, the statements of the Government according to which the provisions of the Convention are not fully applied, in particular with respect to days of holiday per months of service.The Committee requests the Government to take the necessary measures, both preventative and punitive, in the near future, in order to ensure full application of the provisions of the Convention, and to transmit up-to-date information on the application of the Convention in practice.