Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 2, paragraphs 1 and 4, of the Convention. Deferral of the annual paid holiday. Further to its previous observation, the Committee notes the Government’s explanations that in the context of the current process of revision of the Labour Code, a new draft provision is being considered which would continue to allow for the accumulation of the annual holidays for two consecutive years, provided that at least six working days of the accumulated period of holidays are taken each year. The Committee hopes that the revised Labour Code will give full effect to the requirements of the Convention with respect to the postponement of holidays on which the Committee has been commenting for the past 20 years. The Committee requests the Government to provide a copy of the new text as soon as it is adopted.

Article 2, paragraph 3(b). Interruptions of attendance at work due to sickness not to be included in the annual leave. The Committee notes the Government’s indication that the revised Labour Code is expected to include a new section which will expressly provide that absences for sickness duly certified by an approved doctor may not be deducted from the number of days of annual holidays granted to the worker. The Committee hopes that the revised Labour Code will effectively align the national legislation with the Convention on this point on which the Committee formulates comments since 1987. The Committee requests the Government to provide a copy of the new text as soon as it is adopted.