Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further 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 comments.

Article 8(2) of the Convention. Division of the annual holiday into two parts. Following up on its previous comments, the Committee notes the Government’s reply stating that the provisions of section 161 of the Labour Code ensure that one part of the holiday corresponds to at least two uninterrupted working weeks, in conformity with this Article of the Convention. However, the Committee considers that section 161 of the Labour Code may be interpreted differently inasmuch as it provides that a holiday period must be uninterrupted when its duration does not exceed 14 days, working or not, without specifying whether it may be taken in parts when its duration exceeds 14 days. The Committee draws the Government’s attention to the fact that the aim of the Convention is to ensure that, in the event that the annual holiday with pay is divided into parts, any person who has accumulated a holiday period which exceeds two working weeks shall be entitled to an annual break from work of at least two uninterrupted working weeks. The Committee therefore requests the Government to indicate the measures taken or contemplated to give full effect to this provision of the Convention.