Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 1 and 8 of the Convention. Postponement by the worker of annual holiday with pay. In its previous comments, the Committee noted that section 75 of the Labour Code allows workers to relinquish their annual holiday with pay for three consecutive years, so that they can take it cumulatively in the fourth year. In this regard, the Committee recalled that Article 8 of the Convention considers void any agreement to relinquish the right to an annual holiday with pay, or to forgo such a holiday. Moreover, the Committee drew the Government’s attention to paragraph 177 of its General Survey of 1964 on annual holidays with pay, in which it pointed out that, while certain exceptions may be considered as acceptable because they respond to the interests of both workers and employers, it is essential to maintain the principle that, in the course of the year, workers must be granted at least part of their leave in order to enjoy a minimum amount of rest and leisure. The Committee once again requests the Government to take the necessary measures without delay to ensure that, should the postponement of an annual holiday continue to be permitted, this will not affect a certain minimum part of the holiday, which must be granted every year.

The Committee is raising other matters in a request addressed directly to the Government.