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

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Paraguay (Ratification: 1966)

Article 5(c) of the Convention. Proportionate holidays. The Committee notes that section 218 of the Labour Code establishes the right to annual holidays with pay, of a duration that varies according to the seniority of the worker, upon completion of a period of continuous service of one year with the same employer. It further notes that, under section 219 of the Labour Code, in the case of work that is not performed regularly throughout the year, the condition of continuous service is deemed to be met where, during the year, the employee has worked for at least 180 days. The Committee requests the Government to indicate whether, for other types of work, a worker whose period of service with the same employer is less than one year but more than a specified minimum period is entitled to proportionate holidays or payment in lieu thereof, as envisaged in this Article of the Convention. Where appropriate, the Government is asked to provide copies of the texts that are applicable.

Parts IV and V of the report form. The Committee notes with interest the documentation attached to the Government’s two last reports, and particularly the extracts from court rulings relating to the application of legal provisions respecting annual holidays with pay, the copy of an inspection report, the model register for annual holidays and the copy of the labour inspection manual. With regard to labour inspection activities and the violations of the legislation respecting holidays with pay that have been identified, the Committee requests the Government to refer to the comments that it is making under the Labour Inspection Convention, 1947 (No. 81).

The Committee takes this opportunity to recall that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 was outdated and invited the States parties to the Convention to contemplate ratifying Convention No. 132, which is not considered as being fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 involves ipso jure the immediate denunciation of the latter Convention. The ratification of Convention No. 132 would appear particularly appropriate since the legislation of Paraguay respecting annual holidays with pay is clearly more favourable than the requirements of Convention No. 101, even though the level remains below that of Convention No. 132 (three weeks of holiday for each year of service) in the case workers who have not been in the employment of the enterprise for over five years. The Committee requests the Government to keep the Office informed of any decision that may be taken with regard to the ratification of Convention No. 132.