Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Guinea (Ratification: 1977)

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 2, paragraph 1, of the Convention. The Government is requested to communicate Law L/2001/028/AN, which regulates the application of the Convention for civil servants.

Articles 4 and 5. According to the Government’s indication, Order No. 4681/MTASE/DNTL/95 is supplementing the Labour Code, promulgated by Ordinance No. 003/PRG/SGG/88 of 1988, with regard to modalities of calculation, duration and allocation of the annual holiday. The Committee asks the Government to transmit a copy of that Order in its next report.

Article 8, paragraph 2. The Labour Code of 1988 authorizes the division of annual holiday into parts. Section 161 states that accrued paid leave totalling 14 days, or less in length, whether calculated in terms of working days or non‑working days, must be taken in one continuous period. It appears, however, that the Labour Code of 1988 does not guarantee one of the parts of the annual holiday to consist of at least two uninterrupted working weeks in line with Article 8, paragraph 2. The Committee asks the Government to indicate the measures taken to ensure that employees enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned.