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

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

Article 1 of the Convention. Postponement of paid annual holiday by the employer. Further to its previous comments, the Committee notes that section 338 of the Labour Code on agricultural workers provides that the length of the working day, compulsory rest, holidays and other entitlements are governed by the relevant general provisions and that, consequently, section 74 of the Labour Code applies to agricultural workers. The Committee notes, in this connection, that the Government’s report contains no information on the circumstances in which the employer may decide to postpone holidays for one year. It therefore asks the Government to specify the circumstances in which employers may decide to postpone the paid annual leave of agricultural workers for one year.

Article 3. Minimum period of service. The Committee notes that the Government’s report contains no fresh information on the legislative provisions applying to the minimum period of service required for entitlement to paid annual leave. The Committee again asks the Government to indicate the legislative provisions specifying that the minimum period of service required for entitlement to annual paid holidays is one year, as the Government stated in its last report.

Article 5(d). Exclusion of public holidays from the paid annual holiday. The Committee notes that the Government’s report contains no fresh information on the legislative provisions governing the exclusion of public holidays from the annual holiday with pay. The Committee again asks the Government to indicate the measures taken or envisaged in order to give effect to this provision of the Convention.

Part V of the report form. Practical application. The Committee notes the information sent by the Government concerning the work of the labour inspectorate. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, statistical data on the number of workers covered by the legislation, extracts of reports by the inspection services indicating the number and nature of contraventions reported and the penalties imposed, etc.

The Committee takes this opportunity to renew its invitation to the Government to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132). It requests the Government to keep the Office informed of any decision it may take as to the possible ratification of Convention No. 132 and any consequential amendments that would be needed in order to bring the legislation into line with the Convention.