Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest, industry) and 132 (annual holiday with pay) together.

Weekly rest

Article 5 of Convention No. 14.Compensatory rest. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the arrangements applicable to workers in the oil industry. However, the Committee notes with regret that the Government has still not provided information on the measures taken to ensure, as far as possible, compensatory rest in the cases of the suspension of weekly rest authorized by sections 9 and 10 of Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969 establishing arrangements for weekly rest. The Committee therefore requests the Government to take measures to ensure that, as far as possible, provisions are adopted requiring periods of rest in compensation for the suspensions authorized by sections 9 and 10 of Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969. The Committee requests the Government to provide information on the measures adopted to this effect.

Annual holidays with pay

Article 4(1) of Convention No. 132. Proportionate holiday for public employees. Further to its previous comment, the Committee notes the Government’s indication in its report that it will keep the Committee informed of any developments in relation to the revision of Act No. 017/PR/2001 of 31 December 2001 issuing the general regulations of the public service with a view to taking into account the question of proportionate holiday for public employees. The Committee recalls that, in accordance with Article 4(1), a person whose length of service in any year is less than that required for entitlement to full leave shall be entitled in respect of that year, in law and practice, to a holiday with pay proportionate to the length of service. The Committee requests the Government to take the necessary measures, including through the revision of Act No. 017/PR/2001 of 31 December 2001, to give full effect to Article 4(1) in law and practice.

Article 5(2).Minimum period of service. Further to its long-standing comments on this subject, the Committee observes that section 217 of the Labour Code and clause 56 of the General Collective Agreement still provide that the right to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. The Committee recalls that, in accordance with Article 5(2) of the Convention, it is for the competent authority or the appropriate machinery to determine the length of any such period of minimum service, which shall not in any event exceed six months. The Government has not provided any further information on this subject. The Committee therefore once again requests the Government to take the necessary measures to ensure that the minimum periods of service required for entitlement to annual holidays with pay are in conformity with the Convention.

Article 6(2). Periods of incapacity for work. Further to its previous comments on this subject, the Committee notes that, in accordance with sections 117 and 118 of the Labour Code, periods of absence resulting from occupational diseases and employment injury are considered as a suspension of the contract. Nevertheless, noting the absence of provisions in the national legislation providing that periods of incapacity for work resulting from occupational sickness or injury shall not be counted as part of the minimum annual holiday with pay, the Committee requests the Government to take the necessary measures to ensure that, under conditions to be determined by the competent authority or through the appropriate machinery, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay.

Article 7(1). Holiday pay. The Committee notes that the Government has not replied to its previous comments on section 220 of the Labour Code, which provides for benefits in kind to be excluded from the calculation of holiday pay, with the exception of food provided by custom or in accordance with regulations or agreements. The Committee therefore requests the Government to take the necessary measures to give effect to Article 7(1) of the Convention, which provides that every person taking the holiday envisaged in the Convention shall receive in respect of the full period of the holiday at least their normal or average remuneration, including the cash equivalent of any part of the remuneration which is paid in kind, unless it is a permanent benefit continuing whether or not the person concerned is on holiday with pay.

Article 10. Time at which the holiday is to be taken. Further to its previous comments, the Committee notes the Government’s indication that public employees may choose the dates of holidays which suit them when the holiday schedule is established or by making a request to their hierarchical superior. The Committee notes this information, which replies to its previous request.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Compensatory rest. The Committee notes the Government’s reference to section 223 of the Labour Code, which states that any agreement granting cash compensation in lieu of leave shall be deemed null and void. The Committee also notes that section 6 of Decree No. 56 of 8 February 1969 establishing arrangements for weekly rest stipulates that, where rest granted on a Sunday simultaneously to all the staff of an undertaking would be harmful to the public or jeopardize the normal functioning of the undertaking, rest can be given on a rotation basis or collectively on days other than Sunday. Nevertheless, the Committee recalls, as it did in all its previous comments, that section 209 of the Labour Code, like sections 9 and 10 of Decree No. 56, continue to provide for the possibility of exceptions to the weekly rest scheme, particularly in cases of urgent work or in industries handling perishable goods. The Committee reminds the Government that the Convention stipulates that compensatory periods of rest – regardless of any financial compensation – must, as far as possible, be granted in the event of any exception to the normal weekly rest scheme. The Committee recalls that the same principle is reaffirmed in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Committee strongly encourages the Government to ratify.The Committee therefore requests the Government once again to indicate the measures taken or contemplated to guarantee, as far as possible, compensatory rest in the situations provided for in section 209 of the Labour Code and sections 9 and 10 of Decree No. 56.

Furthermore, the Committee notes the Government’s statement that the compensatory rest period granted to workers in the oil industry takes account of the strenuous nature of the work. The Committee reiterates that, while the Convention does not establish a precise time limit for granting compensatory rest, compliance with the spirit of the Convention requires this to be within a reasonably short period. In addition, Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), states that persons to whom special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.The Committee requests the Government to clarify whether workers in the oil industry continue to be entitled to two weeks of rest only at the end of four weeks of uninterrupted work, as indicated by the Government in its 2003 report.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4(1) of the Convention. Proportionate holiday. The Committee recalls that Act No. 017/PR/2001 does not establish an entitlement to a paid holiday the length of which is reduced proportionately for persons who have accomplished a period of service which is less than the period required for entitlement to the full holiday period. In its last report the Government indicates that it is planning to revise the Act in order to take account of the question of holidays of proportionate duration for officials.The Committee requests the Government to keep the Office informed of any developments in this regard.

Article 5(2). Minimum period of service. The Committee recalls that section 217 of the Labour Code and section 56 of the General Collective Agreement provide that the right to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. The Committee further notes that section 74 of Act No. 017/PR/2001 and section 3 of Decree No. 567 of 31 July 2007 concerning leave and authorized absences of civil servants, provide that annual administrative leave is granted as one month of rest after 11 months of accomplished service. The Committee recalls that the minimum period of service required for entitlement to an annual holiday with pay shall in no case exceed six months.The Committee therefore requests the Government to take the necessary legislative measures to bring these minimum periods of service into conformity with the Convention.

Article 6(2). Periods of incapacity for work. Further to its previous comments, the Committee notes the Government’s reference to section 213 of the Labour Code, which states that absences arising from an occupational accident or illness shall be counted as actual service when calculating the length of holiday. However, the Committee reminds the Government that although section 213 meets the requirements of Article 5(4)of the Convention, which provides that absence from work for illness or injury shall be counted as part of the period of service, it does not give effect to Article 6(2), which stipulates that, under conditions to be determined by the competent authority or through the appropriate machinery in each country, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay.Noting the absence of any legal provision stipulating that periods of incapacity for work resulting from sickness or injury shall not be counted as part of the minimum annual holiday with pay, as required by the Convention, the Committee once again requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 7(1). Holiday pay. The Committee recalls that section 220 of the Labour Code provides that benefits in kind are excluded from the calculation of the holiday entitlement, with the exception of food provided by custom or in accordance with regulations or agreements. The Committee further notes that section 59 of the General Collective Agreement refers to section 220 of the Labour Code. The Committee recalls that any person taking an annual holiday with pay must receive at least his/her normal or average remuneration in respect of the full period of the annual holiday, also including the cash equivalent of any part of the wages which is paid in kind, unless permanent benefits are involved which the person receives separately from the paid holiday.The Committee therefore requests the Government once again to take the necessary measures to ensure that benefits in kind are included in the calculation of the holiday entitlement, in accordance with the Convention.

Article 10. Time at which the holiday is to be taken. The Committee notes that, under section 74 of Act No. 017/PR/2001 and section 3 of Decree No. 567, each service is required to draw up an annual holiday schedule.The Committee requests the Government to specify how civil servants or their representatives are consulted in this process.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Compensatory rest. The Committee notes the Government’s reference to section 223 of the Labour Code, which states that any agreement granting cash compensation in lieu of leave shall be deemed null and void. The Committee also notes that section 6 of Decree No. 56 of 8 February 1969 establishing arrangements for weekly rest stipulates that, where rest granted on a Sunday simultaneously to all the staff of an undertaking would be harmful to the public or jeopardize the normal functioning of the undertaking, rest can be given on a rotation basis or collectively on days other than Sunday. Nevertheless, the Committee recalls, as it did in all its previous comments, that section 209 of the Labour Code, like sections 9 and 10 of Decree No. 56, continue to provide for the possibility of exceptions to the weekly rest scheme, particularly in cases of urgent work or in industries handling perishable goods. The Committee reminds the Government that the Convention stipulates that compensatory periods of rest – regardless of any financial compensation – must, as far as possible, be granted in the event of any exception to the normal weekly rest scheme. The Committee recalls that the same principle is reaffirmed in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Committee strongly encourages the Government to ratify. The Committee therefore requests the Government once again to indicate the measures taken or contemplated to guarantee, as far as possible, compensatory rest in the situations provided for in section 209 of the Labour Code and sections 9 and 10 of Decree No. 56.

Furthermore, the Committee notes the Government’s statement that the compensatory rest period granted to workers in the oil industry takes account of the strenuous nature of the work. The Committee reiterates that, while the Convention does not establish a precise time limit for granting compensatory rest, compliance with the spirit of the Convention requires this to be within a reasonably short period. In addition, Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), states that persons to whom special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to clarify whether workers in the oil industry continue to be entitled to two weeks of rest only at the end of four weeks of uninterrupted work, as indicated by the Government in its 2003 report.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4(1) of the Convention. Proportionate holiday. The Committee recalls that Act No. 017/PR/2001 does not establish an entitlement to a paid holiday the length of which is reduced proportionately for persons who have accomplished a period of service which is less than the period required for entitlement to the full holiday period. In its last report the Government indicates that it is planning to revise the Act in order to take account of the question of holidays of proportionate duration for officials. The Committee requests the Government to keep the Office informed of any developments in this regard.

Article 5(2). Minimum period of service. The Committee recalls that section 217 of the Labour Code and section 56 of the General Collective Agreement provide that the right to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. The Committee further notes that section 74 of Act No. 017/PR/2001 and section 3 of Decree No. 567 of 31 July 2007 concerning leave and authorized absences of civil servants, provide that annual administrative leave is granted as one month of rest after 11 months of accomplished service. The Committee recalls that the minimum period of service required for entitlement to an annual holiday with pay shall in no case exceed six months. The Committee therefore requests the Government to take the necessary legislative measures to bring these minimum periods of service into conformity with the Convention.

Article 6(2). Periods of incapacity for work. Further to its previous comments, the Committee notes the Government’s reference to section 213 of the Labour Code, which states that absences arising from an occupational accident or illness shall be counted as actual service when calculating the length of holiday. However, the Committee reminds the Government that although section 213 meets the requirements of Article 5(4) of the Convention, which provides that absence from work for illness or injury shall be counted as part of the period of service, it does not give effect to Article 6(2), which stipulates that, under conditions to be determined by the competent authority or through the appropriate machinery in each country, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay. Noting the absence of any legal provision stipulating that periods of incapacity for work resulting from sickness or injury shall not be counted as part of the minimum annual holiday with pay, as required by the Convention, the Committee once again requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 7(1). Holiday pay. The Committee recalls that section 220 of the Labour Code provides that benefits in kind are excluded from the calculation of the holiday entitlement, with the exception of food provided by custom or in accordance with regulations or agreements. The Committee further notes that section 59 of the General Collective Agreement refers to section 220 of the Labour Code. The Committee recalls that any person taking an annual holiday with pay must receive at least his/her normal or average remuneration in respect of the full period of the annual holiday, also including the cash equivalent of any part of the wages which is paid in kind, unless permanent benefits are involved which the person receives separately from the paid holiday. The Committee therefore requests the Government once again to take the necessary measures to ensure that benefits in kind are included in the calculation of the holiday entitlement, in accordance with the Convention.

Article 10. Time at which the holiday is to be taken. The Committee notes that, under section 74 of Act No. 017/PR/2001 and section 3 of Decree No. 567, each service is required to draw up an annual holiday schedule. The Committee requests the Government to specifiy how civil servants or their representatives are consulted in this process.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government has once more limited itself to reiterating the provisions of the Labour Code, dealing with annual paid leave rather than replying to the specific points raised by the Committee in its previous comments. Under the circumstances, the Committee again draws the Government’s attention to certain requirements of the Convention which have not yet been fully implemented and expects it to take appropriate action and report accordingly on any progress made.

Article 2, paragraph 1, of the Convention. Scope of application. Please indicate how the application of the Convention is ensured with respect to persons excluded from the scope of the Labour Code, such as magistrates and members of the armed forces. Please also provide a copy of Decree No. 567 of 31 July 2007 on leave and authorized absences of civil servants to which reference was made in the Government’s last report.

Article 4, paragraph 1. Proportionate leave. Please indicate whether, under the terms of Act No. 017/PR/2001 on General Conditions of Service of the Public Service, persons who may have completed in any year shorter periods of service than that required for the full entitlement are entitled to holidays with pay proportionate to their length of service during that year, as prescribed by this Article of the Convention.

Article 5, paragraph 2. Minimum period of service. Recalling that according to this Article of the Convention the length of any qualifying period may not exceed six months, the Committee requests the Government to amend section 217 of the Labour Code which provides that the right of an employed person to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also requests the Government to indicate whether a similar qualifying period of service is required for public employees who are governed by the general conditions of service of the public service.

Article 6, paragraph 2. Periods of incapacity for work. Please indicate how it is ensured in law and practice that periods of incapacity for work resulting from sickness or injury are not counted as part of the minimum annual holiday with pay, as required by this Article of the Convention.

Article 7, paragraph 1. Holiday pay. Recalling that the Convention requires that the normal or average remuneration to be received in respect of the full period of the annual holidays include also the cash equivalent of any part of the wages which is paid in kind, the Committee requests the Government to take measures in order to bring section 220 of the Labour Code into full conformity with that requirement. In addition, the Committee requests the Government to specify how holiday pay is regulated for public employees who are governed by the general conditions of service of the public service.

Article 10. Time at which the holiday is to be taken. Noting that under section 218 of the Labour Code the dates of annual holidays are determined by the employer taking into account the necessities of the service and, in so far as possible, the wishes of the employed person, the Committee requests the Government to indicate how it is ensured in law and practice that not only work requirements but also the opportunities for rest and relaxation available to the worker are taken into account in fixing the time at which the holiday is to be taken, as prescribed by this Article of the Convention. It also requests the Government to indicate how it is ensured that public employees covered by the general conditions of service of the public service are duly consulted prior to the determination of the time schedule of annual holidays.

Article 11. Termination of employment. The Committee requests the Government to specify how it is ensured that in the event of termination of employment, public employees governed by the general conditions of service of the public service receive either a holiday proportionate to the length of service for which they have not yet received such a holiday, or compensation in lieu, or the equivalent holiday credit.

Article 15, paragraph 1. Applicability of the Convention to agriculture. Referring once again to the Government’s official communication of February 2001 in which it specified that it accepted the obligations of the Convention in respect of persons employed in all economic sectors including agriculture, the Committee requests the Government to take appropriate steps in order to effectively apply the Convention in all sectors of the national economy without exception.

Part V of the report form. Application in practice. While noting the Government’s indication that supervision and control of the application of the labour legislation is deficient due to the difficulties experienced by the labour inspection services, the Committee requests the Government to provide in its next report a general appreciation of the manner in which the Convention is applied in practice including, for instance, information on the number of workers covered by the relevant legislation, the nature and extent of any problems encountered in the implementation of the Convention, etc.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report does not include any new information in reply to its previous comments and is confined for the fourth consecutive year to reiterating the information provided previously. It therefore requests the Government to provide concrete explanations in its next report on the points on which it has been commenting for several years.

Article 5 of the Convention. Compensatory rest. Further to its previous comments relating to section 209 of the Labour Code and sections 9 and 10 of Decree No. 56/PR-MTJS-TMOPS of 8 February 1969, which envisage exceptions to the weekly rest scheme without compensatory periods of rest, the Committee once again draws the Government’s attention to the fact that Article 5 of the Convention provides that provision shall be made, as far as possible, for compensatory periods of rest to be granted in the event of exceptions to the normal weekly rest scheme. The granting of compensation in cash or in the form of higher rates of pay for the hours worked on the weekly rest day do not correspond to the objective of the Convention, which is to ensure that workers benefit from a minimum period of rest with a view to preserving their health and giving them access to leisure activities. The Committee hopes that the Government will soon be in a position to indicate all the measures adopted or envisaged to ensure that compensatory rest periods are granted in these cases and to indicate any agreements or customs established in these matters which ensure the application of the Convention.

Moreover, with regard to workers in the oil industry, who are entitled to a period of two weeks of rest in respect of each period of four weeks of uninterrupted work, the Committee emphasizes that, while the Convention does not establish a precise time limit for granting the compensatory rest period, compliance with the spirit of the Convention requires this to be within a reasonably short period. If this were not the case, the Convention would risk becoming bereft of all meaning.

Article 7. Information on implementation measures. The Committee understands the difficulties faced by the Government in the field of labour inspection, which are preventing it from providing the information requested previously concerning the application in practice of section 17 of Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969 respecting workers’ information in relation to weekly rest arrangements (Article 7). The Committee nevertheless hopes that the Government will soon be in a position to provide this information and requests it to supply any other information available which would allow the Committee to assess the manner in which the Convention is applied in practice in the country.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paras 17–18). The Committee therefore invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s last report was identical to those provided previously and did not reply to its comments. The Committee hopes that, with a view to maintaining a constructive dialogue with the Organization’s supervisory bodies, the Government will examine the matters raised below and take appropriate action.

Article 5 of the Convention. Compensatory rest. The Committee notes that, under the terms of section 209 of the Labour Code, it is possible to suspend weekly rest in exceptional cases and in exchange for financial compensation. Similarly, by virtue of sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest, but with overtime pay in the case of urgent work, rescue or repair work, as well as in industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, in accordance with this Article of the Convention, provision has to be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions of the weekly rest of workers, and that periods of rest may not be replaced by a cash payment. The Government is therefore once again requested to indicate all the measures taken or contemplated to ensure that compensatory periods of rest are granted in the above cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where a special weekly rest scheme applies, the Committee considers that, given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7. Workers’ information. In its report, the Government indicates that the application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government is experiencing serious difficulties in the organization of inspection services due to lack of resources. However, it recalls its obligation to ensure that employers abide by section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportionate leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code provides that the right of an employed person to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also notes that, under the terms of section 56 of the General Collective Agreement “the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code”. The Committee requests the Government to specify what constitutes “a period considered to be equivalent within the meaning of section 217 of the Labour Code”. Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to paid annual leave.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that there is no provision establishing that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention. The Committee hopes that the Government will rapidly adopt the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer must pay the employed person a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the General Collective Agreement, the dates of annual holidays are determined by the employer taking into account the necessities of the service and, in so far as possible, the wishes of the employed person. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service must establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured, in the case of the workers covered by these conditions of service, in relation to the determination of the time at which annual holidays are to be taken.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public service do not include a provision guaranteeing, in the event of termination of employment, that an employed person must receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that the Labour Code contains provisions respecting labour inspection, but that the Code is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that the obligations of the present Convention solely concern employed persons in the modern sector and that agriculture in Chad is a subsistence activity, and therefore agricultural workers are not governed by the obligations of the present Convention. The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that “Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132”. The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons both in economic sectors other than agriculture and in agriculture.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report is identical to those provided previously and does not reply to its comments. The Committee hopes that, with a view to maintaining a constructive dialogue with the Organization’s supervisory bodies, the Government will examine the matters raised below and take appropriate action.

Article 5 of the Convention. Compensatory rest. The Committee notes that, under the terms of section 209 of the Labour Code, it is possible to suspend weekly rest in exceptional cases and in exchange for financial compensation. Similarly, by virtue of sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest, but with overtime pay in the case of urgent work, rescue or repair work, as well as in industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, in accordance with this Article of the Convention, provision has to be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions of the weekly rest of workers, and that periods of rest may not be replaced by a cash payment. The Government is therefore once again requested to indicate all the measures taken or contemplated to ensure that compensatory periods of rest are granted in the above cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where a special weekly rest scheme applies, the Committee considers that, given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7. Workers’ information. In its report, the Government indicates that the application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government is experiencing serious difficulties in the organization of inspection services due to lack of resources. However, it recalls its obligation to ensure that employers abide by section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government has confined itself to providing the same information as it provided in its first report and that no reply has been made to the Committee’s detailed comments. In accordance with established practice, the Government is under the obligation to supply a second detailed report describing in an exhaustive manner national law and practice on all the points indicated in the report form adopted by the Governing Body, including information on any points that the Committee may have raised in the meantime. Accordingly, so as to enable the Committee to engage in a productive dialogue on possible improvements to the labour legislation designed to give full effect to the provisions of the Convention, the Government is requested to provide further clarifications on the following matters.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportional leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code provides that the right of an employed person to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also notes that, under the terms of section 56 of the General Collective Agreement “the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code.” The Committee requests the Government to specify what constitutes “a period considered to be equivalent within the meaning of section 217 of the Labour Code”. Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to paid annual leave.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that there is no provision establishing that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed by the Convention. The Committee hopes that the Government will rapidly adopt the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer shall pay the employed person a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the General Collective Agreement, the dates of annual holidays are determined by the employer taking into account the necessities of the service and, in so far as possible, the wishes of the employed person. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service shall establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured, in the case of the workers covered by these conditions of service, in relation to the determination of the time at which annual holidays are to be taken.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public service do not include a provision guaranteeing, in the event of termination of employment, that an employed person shall receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that the Labour Code contains provisions respecting labour inspection, but that the Code is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that the obligations of the present Convention solely concern employed persons in the modern sector and that agriculture in Chad is a subsistence activity, and therefore agricultural workers are not governed by the obligations of the present Convention. The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that “Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132”. The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons both in economic sectors other than agriculture and in agriculture.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report which essentially reproduces information communicated to the Office before. It is therefore obliged to draw once more the Government’s attention to the following points.

Article 5 of the Convention. The Committee notes that section 209 of the Labour Code provides for the possible suspension of the weekly rest in exceptional cases and against monetary compensation. Similarly, under sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest but against overtime pay in the case of urgent work, rescue or repair work, as well as to industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, according to this Article of the Convention, provision should be made, as far as possible, for compensatory periods of rest, for any suspensions or diminutions made to workers’ weekly rest and that the rest period may not be replaced by cash payment. Therefore, the Government is once again requested to indicate all measures taken or contemplated to ensure that compensatory periods of rest are granted in the aforementioned cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where special weekly rest schemes apply because of the nature of the work, the Committee considers that given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7.  In its report, the Government indicates that application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government experiences serious difficulties with the organization of inspection services due to lack of resources, but recalls its obligation to ensure that employers abide by the provision of section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee accordingly requests the Government to take appropriate action to ensure that full effect is given to this requirement of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report on the application of the Convention. It would like to be provided with additional information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under the terms of section 2, the Labour Code is not applicable, among other categories, to magistrates or members of the armed forces. The Committee requests the Government to indicate the manner in which the application of the Convention is secured for these employees.

Article 4, paragraph 1. Proportional leave. The Committee notes that section 74 of the general conditions of service of the public service provides that annual leave consists of one month of rest following 11 months of service, but does not provide for a holiday proportionate in length for a person who has completed a shorter period of service, as required by this provision of the Convention. The Committee requests the Government to indicate whether other provisions establish this right.

Article 5, paragraphs 1 and 2. Minimum period of service. The Committee notes that section 217 of the Labour Code provides that the right of an employee to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. It also notes that, under the terms of section 56 of the general collective agreement, the right to holiday is acquired after one year of effective service, or a period considered to be equivalent within the meaning of section 217 of the Labour Code. The Committee requests the Government to specify what constitutes a "period considered to be equivalent within the meaning of section 217 of the Labour Code". Furthermore, the Committee draws the Government’s attention to the discrepancy between the legislation and the Convention, as the latter limits the period of minimum service to six months. The Committee hopes that the Government will take the necessary measures rapidly to amend section 217 of the Labour Code to bring it into conformity with the provisions of the Convention on this point. Moreover, the Committee requests the Government to indicate whether a minimum period of service is required for workers who are governed by the general conditions of service of the public service to qualify for entitlement to annual holidays.

Article 6, paragraph 2. Periods of incapacity for work. The Committee notes the Government’s indication in its report that no provision prevents periods of incapacity for work resulting from sickness or injury from being counted as part of the minimum annual holiday prescribed by the Convention. The Committee hopes that the Government will rapidly take the necessary measures to give effect to this provision of the Convention.

Article 7, paragraph 1. Remuneration. The Committee notes that, under the terms of section 220 of the Labour Code, the employer shall pay the employee a holiday allowance at least equivalent to the average of the wage, wage supplements, indemnities, bonuses and various commissions acquired by the employee during the 12 months preceding the day of departure on holiday. However, benefits in kind are excluded, except for food when it is provided in accordance with a custom, regulations or the provisions of agreements. The Committee requests the Government to indicate the benefits in kind which may be excluded and to specify whether or not these benefits are provided to workers irrespective of holidays with pay. Furthermore, the Committee notes that the general conditions of service of the public service do not contain a provision on the remuneration to be paid during the annual holidays with pay. The Committee requests the Government to indicate whether workers covered by these general conditions of service receive the whole of their remuneration during their annual holidays.

Article 10. Time at which the holiday is to be taken. The Committee notes that, by virtue of section 218 of the Labour Code and section 58 of the general collective agreement, the dates of annual holidays are determined by the employer taking into account the necessities of the service and, in so far as possible, the wishes of the employee. Furthermore, collective agreements may determine the periods of the year during which workers have to take their holidays to take into account seasonal variations in workload. The Committee requests the Government to indicate the manner in which the opportunities for rest and relaxation available to the employed person are taken into account in determining the time at which the annual holidays are to be taken. The Committee also notes that section 74 of the general conditions of service of the public service provides that each service shall establish an annual plan for holidays, without referring to consultation with the employed person concerned or his or her representatives. The Committee requests the Government to indicate the manner in which consultation with the employed person concerned or his or her representatives is ensured concerning the determination of the time at which annual holidays are to be taken in the case of the workers covered by these conditions of service.

Article 11. Termination of employment. The Committee notes that the general conditions of service of the public services do not include a provision guaranteeing, in the event of termination of employment, that an employed person shall receive either a holiday with pay proportionate to the length of service for which he or she has not yet received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention in the case of workers governed by the general conditions of service of the public service.

Article 14. Measures to ensure the proper application of regulations concerning holidays with pay. The Committee notes that provisions on the labour inspectorate are contained in the Labour Code, which is not applicable to workers governed by the general conditions of service of the public service. The Committee requests the Government to indicate the measures adopted to ensure the proper application and enforcement of the rules concerning holidays with pay for these employed persons.

Article 15, paragraphs 1 and 2. Sectors to which the Convention is applicable. The Committee notes the Government’s indication in its report that "the obligations of the present Convention solely concern employed persons in the modern sector" and that "agriculture in Chad is a subsistence activity, therefore agricultural workers are not governed by the obligations of the present Convention". The Committee however draws the Government’s attention to the fact that, when ratifying the Convention, it did not exclude workers in the agricultural sector from its application. Indeed, in a letter sent to the Office on 26 February 2001, the Government indicated that "Chad, which intends to upgrade its agriculture, could not privilege an economic sector to the prejudice of the agricultural sector. It therefore opts for the protection of employed persons in both sectors as set out in Article 15 of Convention No. 132". The Committee requests the Government to confirm that it does indeed enforce the application of the provisions of the Convention in respect of employed persons in economic sectors other than agriculture, as well as those in agriculture.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered by the legislation on holidays with pay, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes that, in accordance with sections 9 and 10 of Decree No. 56 of 28 February 1969 on procedures for application of weekly rest entitlement, derogations may be granted without compensatory periods of rest for certain urgent work and in industries handling perishable goods. The Government is requested to indicate in its next report all measures taken or contemplated to ensure that, as far as possible, provision is made for compensatory periods of rest for workers in such circumstances or to communicate the agreements or local usage which already provide for such rest, in accordance with this provision of the Convention.

Article 7. In its report, the Government indicates that application of this Article of the Convention is possible only subsequent to checks by the inspection services for which reports are not available. The Committee recalls that the Government has a duty to ensure that each employer, director or manager is obliged to fulfil the requirements of the Convention in regard to making known to the whole of the staff the weekly rest days, either by means of notices posted conspicuously or by posting a roster where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate the measures taken or contemplated to enable the inspection services to perform their duties effectively.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and requests it to supply particulars on the following points.

Article 5 of the Convention. The Committee notes that in accordance with sections 9 and 10 of Decree No. 56 of 28 February 1969 on procedures for application of weekly rest entitlement derogations may be granted without compensatory periods of rest for certain urgent work and in industries handling perishable goods. The Government is requested to indicate in its next report all measures taken or contemplated to ensure that, as far as possible, provision is made for compensatory periods of rest for workers in such circumstances or to communicate the agreements or local usage which already provide for such rest, in accordance with this provision of the Convention.

Article 7. In its report, the Government indicates that application of this Article of the Convention is possible only subsequent to checks by the inspections services for which reports are not available. The Committee recalls that the Government has a duty to ensure that each employer, director or manager is obliged to fulfil the requirements of the Convention in regard to making known to the whole of the staff the weekly rest days, either by means of notices posted conspicuously or by posting a roster where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate the measures taken or contemplated to enable the inspection services to perform their duties effectively.