Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Holidays with Pay Convention, 1936 (No. 52) - Comoros (Ratification: 1978)

The Committee notes the Government’s report. It takes note of the observations sent by the Union of Autonomous Comoran Workers’ Organizations (USATC) enclosed with the report and the Government’s comments in reply to them.

The USATC indicates that the Convention is not applied in several sectors of activity, which it cites, where paid leave is not granted. The Government states in reply that the difficulty of ensuring effective labour inspection facilitates infringements, but that the latter are nonetheless rare. It also seeks technical assistance from the ILO in brining its legislation into line with the provisions of the Convention.

The Committee hopes that the Government will be in a position to inform it in its next report that real progress has been made in this area and that account will be taken of the Committee’s earlier comments, which raised the following points.

Article 2(1) and (4) and Article 4 of the Convention.  In previous comments, the Committee noted that, under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take accumulated holidays in respect of two consecutive years. The Committee notes the Government’s reply in its report that the Higher Labour Council which has just been established will examine problems linked with labour regulation in general. The Committee recalls that, under the Convention, every person to whom the Convention applies shall be entitled to an annual holiday with pay of at least six working days (Article 2(1) and Article 4 of the Convention) and that, consequently, only the part of the holiday which exceeds the minimum duration may be postponed (Article 2(4)). It hopes that the Government will indicate the measures taken or envisaged to bring legislation into conformity with the Convention on this point.

Article 2(3)(b).  The Committee had noted previously that, under section 126, paragraph 3, of the Labour Code, in the calculation of holiday duration, absences due to occupational accident or disease and due to certified illness (for up to six months) are regarded as actual service. It noted the Government’s statement that, although occupational illness occurring during holidays falls within section 126, paragraph 3, and is accordingly regarded as actual service in the calculation of holidays due, no such provision at present exists concerning other illness occurring during holidays. Noting that the Government states that it wishes to provide specific information in its next report on the subject of section 126, paragraph 3, of the Labour Code, the Committee hopes that this information will apply to measures taken or envisaged to implement this provision of the Convention.