Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Guinea

Night Work (Women) Convention (Revised), 1948 (No. 89) (Ratification: 1966)
Holidays with Pay Convention (Revised), 1970 (No. 132) (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working hours, the Committee considers it appropriate to examine Conventions Nos 89 (night work (women)) and 132 (annual holidays with pay) together.

Annual holidays with pay

Article 2(1) of Convention No. 132. Application of the Convention to civil servants. Application to members of the armed forces and magistrates. Further to its previous comments, the Committee notes that, in its report, the Government refers to Act L/2019/0027/AN of 7 June 2019 issuing the General Civil Service Regulations, which abrogated Act L 2001 028 AN and its amendments (section 224). Noting that, according to section 4, this Act does not apply to the armed forces or magistrates, the Committee requests the Government to indicate how the application of the Convention to these categories of civil servants is ensured.

Article 7(2). Holiday pay in advance of the holiday. The Committee notes the indication in the Government’s report that, under section 242.4 of the Labour Code, workers’ wages must be paid at regular intervals not exceeding 15 days in the case of workers engaged for at least two weeks, or 30 days in the case of workers paid monthly. The Committee nevertheless considers that section 242.4 does not make it possible to guarantee that annual holiday pay is paid in advance of the holiday, in accordance with Article 7(2) of the Convention. In addition, the Committee notes the indication that civil servants who have served for 11 months are entitled to compulsory annual holiday of 30 consecutive calendar days, with full pay (sections 22 and 25 of the General Civil Service Regulations) but considers that this information also does not make it possible to affirm that Article 7(2) applies to the civil service. The Committee requests the Government to indicate the manner in which it is ensured that the amounts due to workers or civil servants taking their annual holiday are paid to them before the start of the holiday.

Article 9 of Convention No. 132. Deferral or accumulation of the annual paid holiday. Civil service. In the absence of information on this point, the Committee once again requests the Government to indicate how effect is given to this Article in the civil service.

Night work

Article 3 of Convention No. 89. Prohibition of night work of women. The Committee notes that section 136.1(1) of the Labour Code prohibits the night work of women in factories, manufacturing, mines and quarries, construction sites, workshops and their outbuildings of any kind. While noting that the Labour Code provides for exceptions and possible exemptions from this principle (sections 136.1(2) and 136.2), the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in occupation and employment (2018 General Survey on working-time instruments, para. 545). The Committee therefore invites the Government to examine sections 136.1 and 136.2 of the Labour Code in the light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.