Holidays with Pay Convention (Revised), 1970 (No. 132) - Cameroon (RATIFICATION: 1973)

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Articles 5(1) and (2) and 9 of the Convention. Minimum period of service for entitlement to annual holiday with pay. Further to its previous comments on: (i) section 89 of the Labour Code, under which the minimum period of service for entitlement to annual holiday with pay is one year, which can be extended to two years by collective agreements or individual contracts; and (ii) section 1(3) of Decree No. 75-28 of 10 January 1975, which establishes that leave may be deferred, at the request of the worker, for a period of up to two years, the Committee notes the Government’s indication in its report that the committee reviewing the new Labour Code is continuing its work, and that the a copy of the text will be provided as soon as it has been promulgated. The Committee recalls that: (i) under Article 5(2) of the Convention, the minimum period of service for entitlement to an annual holiday must not exceed six months; and (ii) under Article 9(1) of the Convention, the uninterrupted part of the annual holiday with pay shall be granted and taken no later than one year, and the remainder of the annual holiday with pay no later than 18 months, from the end of the year in respect of which the holiday entitlement has arisen. The Committee requests the Government to provide information on any developments in this regard.

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Article 5(1) and (2) of the Convention. Minimum period of service for entitlement to annual holiday with pay. Further to its previous comments, the Committee wishes to point out that according to Article 5(2) of the Convention, the minimum period of service for entitlement to annual holiday with pay must not exceed six months. While noting the Government’s statement that the Committee’s observations will be transmitted to the Labour Code review panel, the Committee again expresses the hope that legislative measures will be taken at the earliest opportunity to amend section 89 of the Labour Code and to bring it into line with the provisions of the Convention on this point.

Article 9. Postponement of annual holiday with pay. The Committee has been drawing the Government’s attention since 1980 to the fact that section 1(3) of Decree No. 75-28 of 10 January 1975 is inconsistent with provisions of the Convention. Indeed, this provision of the Decree provides that annual holiday with pay may be carried over, at the request of the worker, for a period of up to two years, which is contrary to Articles 8(2) and 9(1) of the Convention. In its last report, the Government indicates that the revision of the Labour Code is under way, and will lead to the revision of all the enabling texts. It also indicates that the amendments committee of the Ministry of Labour and Social Security will receive the text of Decree No. 75-28 of 10 January 1975 for revision. The Committee hopes that the measures to revise the legislative texts will produce early results in aligning the national legislation with the provisions of the Convention and requests the Government to transmit a copy of the new text as soon as it is adopted.

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The Committee notes with regret that the Government confines itself to reiterating information already provided in its previous reports. The Government indicated previously that amendments, formulated by the National Labour Advisory Commission to bring certain provisions of the Labour Code into conformity with the Convention, would be available during the course of 2004. In the absence of new elements in this respect, the Committee urges the Government to take the necessary measures concerning the matters that have been raised in its observations for several years.

Article 5(1) and (2) of the Convention. Minimum period of service for entitlement to annual holiday with pay. Further to its previous comments, the Committee notes that under section 92(1) of the Labour Code the minimum period of service required for entitlement to any annual holiday with pay is one year. It also notes that, under section 92(2), collective agreements determining a period of holiday that is longer than the period determined by section 89 of the Labour Code may establish a longer minimum period of service, up to a maximum of two years. The Committee once again recalls that the establishment of a minimum period of actual service is an option and not a requirement. It further emphasizes that, Article 5, paragraph 2, the Convention establishes that the minimum period of service must not in any circumstances exceed six months. The Committee requests the Government to take the necessary measures to reduce to six months at the most the statutory period of service and any such periods established by collective agreement for entitlement to annual holiday with pay.

Article 9. Postponement of annual holiday with pay. The Committee notes that, under the terms of section 1(3) of Decree No. 75-28 of 10 January 1975, the annual holiday with pay may be postponed, at the request of the worker, for a period of up to two years. The Committee has been drawing the Government’s attention since 1980 to the fact that this provision is not in conformity with Articles 8, paragraph 2, and 9, paragraph 1 of the Convention, which provide that a holiday of two uninterrupted working weeks must be granted no later than one year from the end of the year in respect of which the holiday entitlement has arisen, and the remainder of the holiday no later than 18 months from the same starting point. The Committee requests the Government to take the necessary measures to amend section 1(3) of Decree No. 75-28 of 10 January 1975 and bring it into conformity with these provisions of the Convention.

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In its reply to the Committee’s previous observation, the Government states that the National Labour Advisory Committee is still in the process of taking steps to amend certain provisions of the Labour Code to bring it in line with the Convention. The amendments produced by the National Labour Advisory Committee were to become available during 2004. The Committee hopes that the Government’s next report will indicate the progress that has been made. In the absence of further concrete information, the Committee sees itself obliged to revert to its previous observation, which read as follows:

Article 2 of the Convention. Scope of application The Government’s report states that only seafarers are excluded from the scope of the Convention. As indicated in earlier reports, section 1(3) of the Labour Code excludes further categories of employed persons, such as those employed in the public service, to whom special rules and regulations apply. Please indicate the manner in which the organizations of the employers and workers concerned were consulted with respect to these exclusions and provide the latest legislative or other texts applicable to them.

Article 5, paragraphs 1 and 2. Minimum period necessary for right to holidays. Section 92(1) of the Labour Code states that the right to holidays is acquired after a period of actual service equal to one year and under section 92(2), collective agreements and individual contracts with provisions concerning holidays exceeding the length fixed under section 89(1) of the Labour Code may provide for a qualifying period of service of up to two years. The Committee recalls that Article 5, paragraph 1, of the Convention, is an optional clause and that, if use is made of this clause, under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday must in no case exceed six months. The Committee requests the Government to indicate the measures taken or envisaged to bring the length of the minimum period of qualifying service into conformity with the Convention.

Article 9. Postponement of holidays. The Committee notes that section 1(3) of Decree No. 75-28 of 10 January 1975, authorizes leave to be deferred for a period of up to two years. Since 1980 the Committee has noted that such provisions are not in conformity with the Convention which prescribes that at least two weeks of the leave must be granted within one year, and the remainder of the leave no later than 18 months, from the end of the year which entitles to the holiday (see Articles 8(2) and 9(1) of the Convention). The Government is again requested to bring the legislation into conformity with this provision of the Convention and to report on the measures taken to this end.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s last report covering the period from January to September 2001 and the information provided by the Government in answer to the Committee’s previous direct requests. The Government once again indicates that measures to improve the legislative provisions on which the Committee has been commenting for many years, in particular section 92(2) of the Labour Code, have still not been taken. The National Labour Advisory Committee has, however, resumed its activities after an interruption of six years with its first meeting in August 2001. The Committee further notes that one of the National Labour Advisory Committee’s tasks is the preparation of projects to bring national legislation into line with the ILO Conventions ratified by Cameroon. It hopes that the Government’s next report will indicate that progress has been made, in particular with regard to the following points.

Article 2 of the Convention. The Government’s report states that only seafarers are excluded from the scope of the Convention. As indicated in earlier reports, section 1(3) of the Labour Code excludes further categories of employed persons, such as those employed in the public service, to whom special rules and regulations apply. Please indicate the manner in which the organizations of the employers and workers concerned were consulted with respect to these exclusions and provide the latest legislative or other texts applicable to them.

Article 5, paragraphs 1 and 2. Section 92(1) of the Labour Code states that the right to holidays is acquired after a period of actual service equal to one year and under section 92(2), collective agreements and individual contracts with provisions concerning holidays exceeding the length fixed under section 89(1) of the Labour Code may provide for a qualifying period of service of up to two years. The Committee recalls that Article 5, paragraph 1, of the Convention is an optional clause and that, if use is made of this clause, under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday must in no case exceed six months. The Committee requests the Government to indicate the measures taken or envisaged to bring the length of the minimum period of qualifying service into conformity with the Convention.

Article 9. The Committee notes that section 1(3) of Decree No. 75-28 of 10 January 1975 authorizes leave to be deferred for a period of up to two years. Since 1980 the Committee has noted that such provisions are not in conformity with the Convention which prescribes that at least two weeks of the leave must be granted within one year, and the remainder of the leave no later than 18 months, from the end of the year which entitles to the holiday (see Articles 8(2) and 9(1) of the Convention). The Government is again requested to bring the legislation into conformity with this provision of the Convention and to report on the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government’s last report covering the period from January to September 2001 and the information provided by the Government in answer to the Committee’s previous direct requests. The Government once again indicates that measures to improve the legislative provisions on which the Committee has been commenting for many years, in particular section 92(2) of the Labour Code, have still not been taken. The National Labour Advisory Committee has, however, resumed its activities after an interruption of six years with its first meeting in August 2001. The Committee further notes that one of the National Labour Advisory Committee’s tasks is the preparation of projects to bring national legislation into line with the ILO Conventions ratified by Cameroon. It hopes that the Government’s next report will indicate that progress has been made, in particular with regard to the following points.

Article 2 of the Convention. The Government’s report states that only seafarers are excluded from the scope of the Convention. As indicated in earlier reports, section 1(3) of the Labour Code excludes further categories of employed persons, such as those employed in the public service, to whom special rules and regulations apply. Please indicate the manner in which the organizations of the employers and workers concerned were consulted with respect to these exclusions and provide the latest legislative or other texts applicable to them.

Article 5, paragraphs 1 and 2. Section 92(1) of the Labour Code states that the right to holidays is acquired after a period of actual service equal to one year and under section 92(2), collective agreements and individual contracts with provisions concerning holidays exceeding the length fixed under section 89(1) of the Labour Code may provide for a qualifying period of service of up to two years. The Committee recalls that Article 5, paragraph 1, of the Convention is an optional clause and that, if use is made of this clause, under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday must in no case exceed six months. The Committee requests the Government to indicate the measures taken or envisaged to bring the length of the minimum period of qualifying service into conformity with the Convention.

Article 9. The Committee notes that section 1(3) of Decree No. 75-28 of 10 January 1975 authorizes leave to be deferred for a period of up to two years. Since 1980 the Committee has noted that such provisions are not in conformity with the Convention which prescribes that at least two weeks of the leave must be granted within one year, and the remainder of the leave no later than 18 months, from the end of the year which entitles to the holiday (see Articles 8(2) and 9(1) of the Convention). The Government is again requested to bring the legislation into conformity with this provision of the Convention and to report on the measures taken to this end.

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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 reads as follows:

The Committee takes note of the Government’s last report and the information provided in answer to its previous direct request. The Government once again indicates that measures to improve the legislative provisions on which the Committee has been commenting for many years have still not been taken. However, the Government indicates that the National Labour Advisory Committee is planning to revise the Labour Code in order to bring it into harmony with international labour standards. The Committee requests the Government to keep the Office informed of any developments in this regard and hopes that the Government’s next report will indicate the progress that has been made, in particular with regard to the following point:

Article 9 of the Convention.  With reference to its earlier comments, the Committee notes that section 92(2) of the Labour Code in some cases authorizes the  accrual of leave only after a period not exceeding two years, and that section 1(3) of Decree No. 75-28 of 10 January 1975 authorizes the postponement of leave for a similar period. The Committee recalls that, since 1980, it has been drawing the Government’s attention to the fact that such provisions are not in conformity with the Convention, according to which part of the leave (at least two weeks) must be granted and taken within one year from the end of the year which gives rise to the leave entitlement.

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The Committee takes note of the Government's last report and the information provided in answer to its previous direct request. The Government once again indicates that measures to improve the legislative provisions on which the Committee has been commenting for many years have still not been taken. However, the Government indicates that the National Labour Advisory Committee is planning to revise the Labour Code in order to bring it into harmony with international labour standards. The Committee requests the Government to keep the Office informed of any developments in this regard and hopes that the Government's next report will indicate the progress that has been made, in particular with regard to the following point.

Article 9 of the Convention. With reference to its earlier comments, the Committee notes that section 92(2) of the Labour Code in some cases authorizes the accrual of leave only after a period not exceeding two years, and that section 1(3) of Decree No. 75-28 of 10 January 1975 authorizes the postponement of leave for a similar period. The Committee recalls that, since 1980, it has been drawing the Government's attention to the fact that such provisions are not in conformity with the Convention, according to which part of the leave (at least two weeks) must be granted and taken within one year from the end of the year which gives rise to the leave entitlement.

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The Committee notes that the Government's report contains no reply to its 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 9 of the Convention. In its previous comments, the Committee noted that section 99(2) of the Labour Code (now section 92(a) of the Labour Code of 1992) in some cases authorizes the accrual of leave only after a period not exceeding two years; and that section 1(3) of Decree No. 75-28 authorizes the postponement of leave for a similar period. The Committee pointed out that these provisions are not in conformity with the Convention, according to which a part of the holiday (a minimum of two weeks) should be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen. In its latest report, the Government again states that measures to improve the legislative provisions referred to in the Committee's comments are under examination. It adds that the inspection services have made no observation on the application of the Convention.

The Committee hopes that in its next report the Government will provide full details of measures taken or proposed to bring the national legislation into conformity with the Convention.

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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 following matters raised in its previous direct request, which read as follows:

Article 9 of the Convention. In its previous comments, the Committee noted that section 99(2) of the Labour Code (now section 92(2) of the Labour Code of 1992) in some cases authorizes the accrual of leave only after a period not exceeding two years; and that section 1(3) of Decree No. 75-28 authorizes the postponement of leave for a similar period. The Committee pointed out that these provisions are not in conformity with the Convention, according to which a part of the holiday (a minimum of two weeks) should be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen. In its latest report, the Government again states that measures to improve the legislative provisions referred to in the Committee's comments are under examination. It adds that the inspection services have made no observation on the application of the Convention.

The Committee hopes that in its next report the Government will provide full details of measures taken or proposed to bring the national legislation into conformity with the Convention.

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The Committee notes that the Government's report contains no reply to its 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 9 of the Convention. In its previous comments, the Committee noted that section 99(2) of the Labour Code (now section 92(a) of the Labour Code of 1992) in some cases authorizes the accrual of leave only after a period not exceeding two years; and that section 1(3) of Decree No. 75-28 authorizes the postponement of leave for a similar period. The Committee pointed out that these provisions are not in conformity with the Convention, according to which a part of the holiday (a minimum of two weeks) should be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen. In its latest report, the Government again states that measures to improve the legislative provisions referred to in the Committee's comments are under examination. It adds that the inspection services have made no observation on the application of the Convention.

The Committee hopes that in its next report the Government will provide full details of measures taken or proposed to bring the national legislation into conformity with the Convention.

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Article 9 of the Convention. In its previous comments, the Committee noted that section 99(2) of the Labour Code in some cases authorises the accrual of leave only after a period not exceeding two years; and that section 1(3) of Decree No. 75-28 authorises the postponement of leave for a similar period. The Committee pointed out that these provisions are not in conformity with the Convention, according to which a part of the holiday (a minimum of two weeks) should be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen. In its latest report, the Government again states that measures to improve the legislative provisions referred to in the Committee's comments are under examination. It adds that the inspection services have made no observation on the application of the Convention.

The Committee hopes that in its next report the Government will provide full details of measures taken or proposed to bring the national legislation into conformity with the Convention.

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Article 9 of the Convention. In its previous comments, the Committee noted that the provisions of section 99, paragraph 2, of the Labour Code and section 1, paragraph 3, of Decree No. 75-28 of 10 January 1975, which authorise a period of up to two years for, respectively, the length of service giving entitlement to the holiday and the postponement of the holiday, are not in confirmity with this Article of the Convention according to which a part of the holiday (a minimum of two weeks) shall be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen. In reply, the Government states that the process of bringing the Labour Code up to date has already begun and that measures to improve the legislative provisions referred to in the Committee's comments are under examination.

The Committee hopes that in its next report the Government will be able to indicate that measures have been adopted bringing the national legislation into conformity with this Article of the Convention.