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

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

The Committee notes the information supplied in the Government’s report, particularly to the effect that the legislation on annual holidays with pay applies to all employed persons and to all undertakings or establishments. Consequently, the Committee notes that workers employed in the export processing zones have exactly the same entitlement to holidays with pay as workers covered by the Labour Code. However, it would like to receive further information on the following points.

Article 2, paragraph 5, of the Convention. Progressive increase in the duration of annual holidays with pay. The Committee notes that the Government’s report does not contain any information in this regard. It therefore requests the Government once again to indicate the legal provisions which provide for a progressive increase in the duration of the annual holiday with pay based on the length of service, in accordance with this provision of the Convention.

Article 7. Records. The Committee notes that the Government’s report does not provide any information in this regard. It therefore requests the Government once again to indicate whether national legislation imposes the requirement on employers to keep, in a form approved by the competent authority, a record showing the date of entry into service of each person employed and the duration of the annual holiday with pay to which each such person is entitled, the dates on which the annual holiday with pay is taken by each person, and the remuneration received by each person in respect of the period of the annual holiday with pay. If so, the Government is requested to provide copies of the relevant provisions and of the form of the record approved by the competent authority.

Part V of the report form. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services and, if possible, information on the number of workers covered by the legislation, the number and nature of contraventions reported and any measures taken, etc.

Finally, in response the Committee notes the statement to the effect that the National Council for Labour, Employment and Vocational Training will consider the question of the possible ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), at its next meeting. It recalls, as it did in its previous comment, that the provisions of the Labour Code appear in overall terms to be in conformity with Convention No. 132. The Committee hopes that the Government will be able to implement the recommendations of the ILO Governing Body on this matter and requests it to keep the Office informed of all developments in this regard.