Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Burundi (RATIFICATION: 1971)

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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 No. 1 (hours of work), No. 14 (weekly rest), Nos 52 and 101 (annual holiday with pay) and No. 89 (women’s night work) together.

Legislative developments. The Committee notes that in 2019, the Office provided technical comments on the revised draft Labour Code sent by the Government. It requests the Government to provide information on developments relating to the reform of the Labour Code, to which the Government refers in its reports. In the hope that this reform will ensure full compliance with the provisions of the ratified Conventions, the Committee requests the Government to take its comments, set out below, into account when finalizing the current legislative reform.

Weekly rest

Article 2 of Convention No. 14. Period of weekly rest. Further to its previous comments on the need to amend section 114 of the Labour Code, which contains a material error as currently worded, the Committee notes the Government’s indication that the committee appointed in 2016 to propose amendments has proposed an amendment to section 114.

Annual holiday with pay

Articles 2(3)(a) and 7 of Convention No. 52 and Articles 5(c) and 7 of Convention No. 101. Days not counted as annual holiday. Qualifying period. Record keeping. Further to its previous comments on these matters, the Committee notes the Government’s indication that section 130 of the Labour Code establishes the minimum period of paid annual holiday; in this respect, the Committee notes that every day of the week is considered a working day, with the exception of the weekly rest day and public holidays (section 15(g) of the Labour Code). The Government also indicates that section 130, under which the minimum period of service giving entitlement to paid annual holiday is one year, will be amended as part of the current revision of the Labour Code so that annual holiday is granted on a pro rata basis in relation to length of service. The Government adds that, in practice, workers have holiday in proportion to their length of service even before completing one year of service. Lastly, the Government indicates that the records specified in section 168 of the Labour Code contain a field with the date and the number of days of holiday for each worker.

Women’s night work

Article 3 of Convention No. 89. Prohibition of night work by women. Further to its previous comments, the Committee recalls that the national legislation does not prohibit night work by women and that the Government indicated in previous reports that it had initiated the procedure for the denunciation of the Convention. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to finalize 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.

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

Repetition

Article 5(c) of the Convention. Minimum period of service. Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

CMNT_TITLE

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

Article 5(c) of the Convention. Minimum period of service. Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

CMNT_TITLE

The Committee notes with regret 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 comments.

Repetition

Article 5(c) of the Convention. Minimum period of service. Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

CMNT_TITLE

The Committee notes with regret 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:

Repetition

Article 5(c) of the Convention. Minimum period of service – Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

CMNT_TITLE

The Committee notes with regret 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:

Repetition

Article 5(c) of the Convention. Minimum period of service – Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

The Committee takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body concluded that Convention No. 101 is outdated and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails the denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this regard.

CMNT_TITLE

The Committee notes with regret 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:

Repetition

Article 5(c) of the Convention. Minimum period of service – Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

Parts III and V of the report form. Application in practice. The Committee notes that in its report, the Government states that the information on the number of workers concerned by the regulations in force and the number and nature of infringements will be sent later. The Committee requests the Government to provide this information as soon as it is available.

The Committee takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body concluded that Convention No. 101 is outdated and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails the denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this regard.

CMNT_TITLE

The Committee notes with regret 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 5(c) of the Convention. Minimum period of service – proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

Parts III and V of the report form. Application in practice. The Committee notes that in its report, the Government states that the information on the number of workers concerned by the regulations in force and the number and nature of infringements will be sent later. The Committee requests the Government to provide this information as soon as it is available.

The Committee takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body concluded that Convention No. 101 is outdated and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails the denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this regard.

CMNT_TITLE

The Committee notes with regret 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 5(c) of the Convention. Minimum period of service – proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

Parts III and V of the report form. Application in practice. The Committee notes that in its report, the Government states that the information on the number of workers concerned by the regulations in force and the number and nature of infringements will be sent later. The Committee requests the Government to provide this information as soon as it is available.

The Committee takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body concluded that Convention No. 101 is outdated and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails the denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this regard.

CMNT_TITLE

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 5(c) of the Convention. Minimum period of service – proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, i.e. 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

Parts III and V of the report form. The Committee notes that in its report, the Government states that the information on the number of workers concerned by the regulations in force and the number and nature of infringements will be sent later. The Committee requests the Government to provide this information as soon as it is available.

The Committee takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body concluded that Convention No. 101 is outdated and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decisions it may take in this regard.

CMNT_TITLE

The Committee notes the Government’s report and the information it contains in response to the previous comments.

Article 5(c) of the Convention. Minimum period of service – proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, i.e. 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

Parts III and V of the report form. The Committee notes that in its report, the Government states that the information on the number of workers concerned by the regulations in force and the number and nature of infringements will be sent later. The Committee requests the Government to provide this information as soon as it is available.

The Committee takes this opportunity to remind the Government that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body came to the conclusion that Convention No. 101 is out of date and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decisions it may take in this regard.

CMNT_TITLE

The Committee notes with regret 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 5(c) of the Convention. The Committee asks the Government to indicate, where appropriate, any proportionate holiday or payment in lieu thereof given to workers other than public servants whose period of continuous service is too short to qualify them for an annual holiday with pay but exceeds the specified minimum period of one month (section 130B. of the Labour Code of 7 July 1993).

Article 5(d). The Committee further requests the Government to indicate, where appropriate: (i) any public and customary holidays; and (ii) any weekly rest periods, which are not included in the holidays with pay.

Parts III and V of the report form. The Committee asks the Government to provide general information on the manner in which the Convention is applied in practice and, where appropriate, extracts from the reports produced by the inspection services, information on the number of workers covered by the legislation in force, and the number and nature of any contraventions reported.

CMNT_TITLE

The Committee notes with regret 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 5(c) of the Convention. The Committee asks the Government to indicate, where appropriate, any proportionate holiday or payment in lieu thereof given to workers other than public servants whose period of continuous service is too short to qualify them for an annual holiday with pay but exceeds the specified minimum period of one month (section 130B. of the Labour Code of 7 July 1993).

Article 5(d). The Committee further requests the Government to indicate, where appropriate: (i) any public and customary holidays; and (ii) any weekly rest periods, which are not included in the holidays with pay.

Parts III and V of the report form. The Committee asks the Government to provide general information on the manner in which the Convention is applied in practice and, where appropriate, extracts from the reports produced by the inspection services, information on the number of workers covered by the legislation in force, and the number and nature of any contraventions reported.

CMNT_TITLE

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 5(c) of the Convention. The Committee asks the Government to indicate, where appropriate, any proportionate holiday or payment in lieu thereof given to workers other than public servants whose period of continuous service is too short to qualify them for an annual holiday with pay but exceeds the specified minimum period of one month (section 130B. of the Labour Code of 7 July 1993).

Article 5(d). The Committee further requests the Government to indicate, where appropriate: (i) any public and customary holidays; and (ii) any weekly rest periods, which are not included in the holidays with pay.

Parts III and V of the report form. The Committee asks the Government to provide general information on the manner in which the Convention is applied in practice and, where appropriate, extracts from the reports produced by the inspection services, information on the number of workers covered by the legislation in force, and the number and nature of any contraventions reported.