Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Ecuador (Ratification: 1969)

For several years, the Committee has commented that sections 73 and 74 of the Labour Code contravene Articles 1, 3 and 8 of the Convention. Specifically, section 73 authorizes employers to refuse leave during one year in certain cases, and section 74 permits workers to postpone leave for three consecutive years so as to accumulate it in the fourth year.

In its latest report, the Government does not refer to the application of the above-mentioned Articles of the Convention. Consequently, the Committee must once again reiterate that under Articles 1 and 3 of the Convention, agricultural workers must be granted an annual holiday of a specified minimum duration and that, according to Article 8, any agreement to relinquish the right to annual holiday or forego such a holiday would be void. The Committee therefore trusts that the Government will amend sections 73 and 74 of the Labour Code on the points mentioned above in order to bring the national legislation into conformity with the Convention.

[The Government is asked to report in detail in 1996.]