Holidays with Pay Convention, 1936 (No. 52) - Central African Republic (Ratification: 1964)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative declared that a detailed report had already been sent to the Committee of Experts in April 1991 and that the Government recognised the rightfulness of the observations of that Committee in respect of this Convention. A draft text to modify article 129(2) of the Labour Code had been submitted to the competent legislative authorities which however had not adopted it due to political problems in the country at that time. Nevertheless, the Government, the social partners and labour specialists are unanimous in recognising that the Labour Code elaborated immediately after independence has become obsolete and that it should be urgently brought up to date. Article 129(2) is not applied in practice; it was adopted because at the time communications were difficult and a person working far away from his home had difficulties to return home in order to benefit from his holidays; the legislature then thought it better to give a possibility to workers to accumulate their holidays and in order to spend more time with their families. In practice, however, workers always got the number of days of holidays provided by the law and they use them as they wish, if there are no other contractual arrangements. The global revision of the Labour Code, including article 129(2) will be made. The Government would contact the ILO in this respect.

The Workers' members observed, firstly, that the Committee of Experts has made a number of observations for many years; secondly, that there was a discussion on this question in previous years, including last year, and with a special paragraph in the report in 1981; and, thirdly, that there was no progress in conjunction with the Experts' comments. The basic problem, which is described in their report, is the exclusion of many workers from the right to holidays because of the requirement to fulfil the qualifying period which can be of up to 30 months; this situation may concern a great number of workers in view of the traditional use of contract of employment of a limited duration. If the intentions of the Government to revise the Labour Code would become concrete, there would be progress, but as of now there are only declarations. The Government must now proceed to the revision of the Code and transmit to the ILO the texts of the modified laws. It is to be hoped that this Committee would be able to note progress next year.

The Employers' members underlined that the Government representative recognised without ambiguity that the observations of the Committee were well founded, declared that he was determined to follow the recommendations of the supervisory bodies and wanted to meet with the secretariat to discuss the necessary modifications in order to bring the legislation into conformity with the Convention.

The Committee, taking note with regret the information supplied by the Government, understood that the Government started the process of amending the Labour Code to comply with the requirements of the Convention. Recalling that this case has been reported for many years, the Committee urgently asked the Government to send the text of the drafted amendments to the ILO at its earliest convenience. It furthermore urged the Government to keep the ILO informed of any progress made in the process of changing the existing regulations on this subject in order that the Committee will be able to conclude that the legislation is in complete conformity with the Convention at one of its next sessions.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government has communicated the following information:

A draft has indeed been prepared with ILO assistance to amend section 129 of the Code and bring national legislation and practice into conformity with the Convention. The draft is still under consideration and the ILO will be informed of any changes.

It should be noted that the legislation on holidays with pay applies to all sectors of activity employing waged labour from the employer's family.

Public officials and the military are exempt from the application of the Convention, as they benefit from special regimes. Thus officials have one month's leave per calendar year of service and the military have the right to leave varying according to the exigencies of their units.

No system of division of holidays with pay is provided for in national legislation except special arrangements between the parties in cases of necessity.

In addition, a Government representative stated that following an ILO direct contacts mission to the Central African Republic in 1980, remedial legislation had been drafted and that the same legislation had been updated in 1988. The country had undergone numerous changes in recent years: the Parliament had been re-established in 1987 and the ban of trade unions was lifted in 1988, enabling the rebirth of the union movement in the country. The texts now had to be brought before Parliament for enactment. Another reason why the drafts had not yet been adopted was the fact that a revision of the Labour Code was in progress under the direction of the National Labour Advisory Committee. Article 129 of the Labour Code will be examined by this group, which will take into consideration the opinions of workers' and employers' organisations, in order to bring legislation and practice into conformity with the Convention.

The Employers' members noted that this case had been dealt with by the Committee on three previous occasions and that a direct contacts mission had produced as early as 1980 draft remedial legislation, which was updated in 1988; but it still has not been enacted. They failed to see the end to this remedial process and regretted the passage of such a long time. This Convention has been ratified for 30 years, and the Employers' members expected that the Government should have taken action to comply with its obligations. They insisted that the relevant legislation be changed rapidly.

The Workers' members were in complete agreement with the comments of the Employers' members. The Committee of Experts was very clear despite its brevity: as concerned holidays with pay, the Labour Code of the Central African Republic was in flagrant contradiction with the Convention. This was not a new development as an amending law had been drafted in 1980 with the assistance of the ILO. The explanations provided by the Government representative concerning the political and administrative problems were not convincing as the necessary amendments required neither in-depth analysis nor lengthy consultations.

The Government representative assured the Committee that the Government had not engaged in delaying tactics but that in providing an explanation it had simply described past and present circumstances. The speaker stressed that his Government had kept promises concerning Convention No. 87. As regards Convention No. 52 the laws drafted with the assistance of the ILO do exist but must be submitted to the constitutional adoption procedure since the rule of law now prevails in Central African Republic. Moreover, the Government considered it necessary to seek the opinion of the social partners before submitting the texts to Parliament. In order to do this the National Labour Advisory Committee would meet very soon.

The Committee noted the information provided by the Government and the information which appeared in the report of the Committee of Experts. It regretted the fact that for many years legislative measures had not been taken in a way which guaranteed full application of the Convention. The Committee expressed the firm hope that the necessary measures would be adopted in the near future and that the Government would be able to inform the Committee of substantial progress in the near future.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.14, C.52 and C.101

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry), 52 (holidays with pay) and 101 (holidays with pay in agriculture) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions – Compensatory rest. In reply to the Committee’s previous comment, the Government indicates in its report that weekly rest is generally observed on Sundays but that because of the particular nature of certain activities, workers may sometimes take this rest on another day. The Government adds that Order No. 838/ITT of 22 November 1953 governing weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of establishments automatically subject to weekly rest are being revised and are currently being reviewed by the Standing National Labour Council (CNPT). The Committee requests the Government to continue to provide information on the process of revision of Order No. 838/ITT and Decree No. 63-311 and to provide a copy of the new legislation, once adopted.

Holidays with pay

Article 8 of Convention No. 52 and Article 10 of Convention No 101. System of supervision and sanctions. In reply to the Committee’s previous comment, the Government indicates that sections 389 (fines for failure to comply with the applicable provisions on paid leave) and 392 (custodial sentences) of the Labour Code will be strengthened in the new version of the Labour Code, which is being revised. The Committee requests the Government to continue to provide information on the process of revision of the Labour Code, in particular with regard to preventive and punitive measures to ensure the full application of both Conventions, and to provide a copy of the new Labour Code, once adopted.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Minimum service period for the right to holidays with pay. The Committee notes with satisfaction the adoption of Law No. 09.004 of 29 January 2009 on the Labour Code which improves the system of annual holidays with pay, especially in its article 282 which gives workers an annual paid holiday after completing a year of continuous service, instead of a period of service of 24 months, even 30 months, as was called for under the previous Act No. 61-221 of 2 June 1961 establishing the Labour Code – a point on which the Committee has made comments for more than 30 years. The Committee also notes that section 281 called for two working days of holiday per month for workers, instead of one and a half days under the previous Labour Code.

Article 8 and Parts IV and V of the report form. System of sanctions – Judicial decisions and practical application. The Committee notes with interest that, by virtue of articles 389 and 392 of the new Labour Code, infractions of the provisions concerning annual holidays with pay are hereafter punished by a fine of 100,000 to 1,000,000 CFA francs (approximately €152 to €152,450), and penalties of imprisonment from one to six months may be required in case of repetition. The Committee notes, however, the statements of the Government according to which the provisions of the Convention are not fully applied, in particular with respect to days of holiday per months of service.The Committee requests the Government to take the necessary measures, both preventative and punitive, in the near future, in order to ensure full application of the provisions of the Convention, and to transmit up-to-date information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(1) of the Convention. Minimum service period for the right to holidays with pay. The Committee notes with satisfaction the adoption of Law No. 09.004 of 29 January 2009 on the Labour Code which improves the system of annual holidays with pay, especially in its article 282 which gives workers an annual paid holiday after completing a year of continuous service, instead of a period of service of 24 months, even 30 months, as was called for under the previous Act No. 61-221 of 2 June 1961 establishing the Labour Code – a point on which the Committee has made comments for more than 30 years. The Committee also notes that section 281 called for two working days of holiday per month for workers, instead of one and a half days under the previous Labour Code.

Article 8 and Parts IV and V of the report form. System of sanctions – Judicial decisions and practical application. The Committee notes with interest that, by virtue of articles 389 and 392 of the new Labour Code, infractions of the provisions concerning annual holidays with pay are hereafter punished by a fine of 100,000 to 1,000,000 CFA francs (approximately €152 to €152,450), and penalties of imprisonment from one to six months may be required in case of repetition. The Committee notes, however, the statements of the Government according to which the provisions of the Convention are not fully applied, in particular with respect to days of holiday per months of service. The Committee requests the Government to take the necessary measures, both preventative and punitive, in the near future, in order to ensure full application of the provisions of the Convention, and to transmit up-to-date information on the application of the Convention in practice.

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

Article 2(1) of the Convention. Minimum period of service giving entitlement to annual holiday with pay. The Committee notes with concern that the Government’s report does not provide any new information in reply to its previous comments. It recalls that for over 30 years the Committee has been drawing the Government’s attention to section 129(2) of the Labour Code, which provides that the right to paid holiday is not obtained until after a period of service of 24, or even 30 months. In this respect, the Committee notes the Government’s reference to a new Labour Code which it indicates would take into consideration the observations of the Committee concerning the right of all persons to annual holiday with pay once one year of continuous service has been completed. The Committee requests the Government to provide a copy of the text of the new Labour Code to which it refers or any other relevant text which has not been previously provided to the Office.

Article 8. System of sanctions. The Government does not provide any new information concerning the establishment of a system of sanctions in respect of employers failing to apply the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to establish a system of sanctions in accordance with this provision of the Convention.

Parts IV and V of the report form. Court decisions and application in practice. The Committee notes the Government’s indication that many relevant court decisions handed down are not communicated to the labour inspectorate and that the provisions of the Convention are not entirely applied, particularly with regard to days of leave per month of service. The Committee hopes that the Government will make every effort to collect and communicate relevant court decisions and requests it to supply full information of a general nature to enable it to assess the application of the Convention in practice.

The Committee also 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. 52 was outdated and invited the States parties to this Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, para. 12). The acceptance of the obligations of Convention No. 132 in respect of persons employed in economic sectors other than agriculture by a State party to Convention No. 52 involves ipso jure the immediate denunciation of the latter Convention. This approach would appear particularly desirable since the legislation in the Central African Republic, which provides for 18 working days of paid annual leave for each period of 12 months of effective service, is clearly more favourable than the requirements of Convention No. 52. The Committee requests the Government to keep the Office informed of any decision that it may take relating to the ratification of Convention No. 132.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report contains no new information in reply to its previous comments. It must therefore repeat its previous observation which read as follows:

For many years the Committee has observed that article 129, paragraph 2, of the Labour Code provides that the right to paid holiday is not obtained before a period of service of 24, sometimes 30 months, whereas Article 2, paragraph 1, of the Convention sets the period at one year. In spite of the preparation of a modification of this provision in 1980 and 1988, with technical assistance from the ILO, and a statement from the Government at the Conference Committee in 1992 confirming that the procedure of modification had been undertaken to bring this into conformity with the Convention, the Committee once again notes that the Government’s most recent report only mentions that it has taken into consideration this concern by the Committee of Experts with regard to the preparation of a new Labour Code. The Committee recalls that within the scope of the Convention, the right to an annual holiday with pay of at least six working days is an entitlement after one year of continuous service. The Committee expresses its firm hope that the Government will make every effort to take the necessary measures in the very near future.

Article 8 of the Convention. The Government indicates in its report that there is no sanction in the Labour Code for employers who do not respect the provisions of the Convention. The Committee recalls that any Member which has ratified the Convention is required to have a system of sanctions to ensure its application as well as to provide reports with information on the organization and functioning of the inspection service. It hopes that here as well the Government will take adequate measures to bring its legislation into conformity with the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

For many years the Committee has observed that article 129, paragraph 2, of the Labour Code provides that the right to paid holiday does not obtain before a period of service of 24, sometimes 30 months, whereas Article 2, paragraph 1, of the Convention sets the period at one year. In spite of the preparation of a modification of this provision in 1980 and 1988, with technical assistance from the ILO, and a statement from the Government at the Conference Committee in 1992 confirming that the procedure of modification had been undertaken to bring this into conformity with the Convention, the Committee once again notes that the Government’s most recent report only mentions that it has taken into consideration this concern by the Committee of Experts with regard to the preparation of a new Labour Code. The Committee recalls that within the scope of the Convention, the right to an annual holiday with pay of at least six working days is an entitlement after one year of continuous service. The Committee expresses its firm hope that the Government will make every effort to take the necessary measures in the very near future.

Article 8 of the Convention. The Government indicates in its report that there is no sanction in the Labour Code for employers who do not respect the provisions of the Convention. The Committee recalls that any Member which has ratified the Convention is required to have a system of sanctions to ensure its application as well as to provide reports with information on the organization and functioning of the inspection service. It hopes that here as well the Government will take adequate measures to bring its legislation into conformity with the Convention.

[The Government is asked to send a detailed report in 2003.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

For several years the Committee has observed that section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement. It has further noted that in 1980 and 1988 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year. It has also noted that at the Conference Committee in 1992, the Government indicated that it started the process to amend the Labour Code to comply with the requirements of the Convention. The Committee notes that in its latest report the Government indicates that in its opinion the national legislation is not incompatible with the Convention. The Committee recalls that Article 2 of the Convention sets forth the right to annual holiday with pay of at least six working days after one year of continuous service. The Committee hopes that the Government will soon provide information on the measures adopted to ensure full compliance with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report does not contain any answer to its earlier comments. It must therefore repeat its previous observation, which read as follows:

For several years the Committee has observed that section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement. It has further noted that in 1980 and 1988 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year. It has also noted that at the Conference Committee in 1992, the Government indicated that it started the process to amend the Labour Code to comply with the requirements of the Convention. The Committee notes that in its latest report the Government indicates that in its opinion the national legislation is not incompatible with the Convention. The Committee recalls that Article 2 of the Convention sets forth the right to annual holiday with pay of at least six working days after one year of continuous service. The Committee hopes that the Government will soon provide information on the measures adopted to ensure full compliance with the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

For several years the Committee has observed that section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement. It has further noted that in 1980 and 1988 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year. It has also noted that at the Conference Committee in 1992, the Government indicated that it started the process to amend the Labour Code to comply with the requirements of the Convention. The Committee notes that in its latest report the Government indicates that in its opinion the national legislation is not incompatible with the Convention. The Committee recalls that Article 2 of the Convention sets forth the right to annual holiday with pay of at least six working days after one year of continuous service. The Committee hopes that the Government will soon provide information on the measures adopted to ensure full compliance with the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

For several years the Committee has observed that section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement. The Committee also has pointed out that Article 2 of the Convention sets forth the right to annual holiday with pay of at least six working days after one year of continuous service. It has further noted that in 1980 and 1988 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year.

In its previous observation, the Committee noted the information provided in the Government's report for the period ending 30 June 1990 and in the Conference Committee in 1991, from which it appeared that there had been no progress in amending the legislation in order to comply with Article 2. The Government indicated that the National Labour Advisory Committee was revising the Labour Code. At the Conference Committee in 1992, the Government indicated that it started the process to amend the Labour Code to comply with the requirements of the Convention. The Conference Committee urgently requested the Government to send the text of the drafted amendments to the ILO to determine whether the draft legislation is in complete conformity with the Convention.

The Committee notes that the Government has not transmitted a copy of the draft legislation, nor has it submitted a report on the application of the Convention. The Committee trusts that the draft legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

REQUESTS The Government is asked to report in detail in 1996. #REPORT_DATE:00:00:1996

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its comments over many years, the Committee notes the information provided in the Government's report and in the Conference Committee in 1991, from which it appears that there has no been no progress in amending the legislation in order to comply with Article 2 of the Convention. The Government stated that this matter depends on the revision of the Labour Code now being undertaken by the National Labour Advisory Committee. In these circumstances, the Committee would again refer to its earlier comments, which read as follows:

Section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement. Article 2 of the Convention lays down the right to an annual holiday with pay of at least six working days after one year of continuous service. It recalls that in 1980 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year. It trusts that the draft - which was updated in 1988 - will be adopted in the very near future, in accordance with the Government's assurances.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that section 129, second paragraph, of the Labour Code provides that the length of service entitling workers to holiday can be of up to 24 or 30 months in the case of an individual contract or a collective agreement, whereas Article 2 of the Convention lays down the right to an annual holiday with pay of at least six working days after one year of continuous service. The Committee also recalls that in 1980 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year. It trusts that the draft - which was updated in 1988 - will be adopted in the very near future, in accordance with the Government's assurances.

REQUESTS

The Government is asked to supply full particulars to the Conference at its 78th Session. #CONFERENCE_SESSION:78

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no new information in reply to its previous comments. It must therefore repeat its previous observation which read as follows:

With reference to its earlier comments, the Committee notes with regret that no progress has so far been made in giving effect to Article 2 of the Convention. It recalls that section 129(2) of the Labour Code provides that the length of service entitling workers to holiday can be of up to two or two-and-a-half years in the case of an individual contract or collective agreement, whereas under Article 2 of the Convention, every person to whom this Convention applies is entitled after one year of continuous service to an annual holiday with pay of at least six working days. It also recalls that in 1980 a draft Decree was drawn up with the assistance of the ILO, providing for the amendment of section 129 of the Code so that persons covered by the Convention may benefit from a minimum holiday with pay every year. In its last report, the Government indicates that the draft, which has again been updated, is still before the competent legislative authorities. The Committee trusts that the draft will be adopted in the very near future, in accordance with the Government's assurances.

END OF REPETITION REQUESTS

The Government is asked to supply full particulars to the Conference at its 77th Session. #CONFERENCE_SESSION:77