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

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

Article 2(1) of the Convention. Application of the Convention to civil servants. The Committee notes with interest the adoption of Act L/2014/072/CNT of 10 January 2014 issuing the Labour Code of Guinea (hereinafter: Labour Code), which gives extensive effect to the provisions of the Convention. The Committee notes, however, that according to section 2(4) of the new Labour Code, civil servants are not covered by the Code. In this respect, it notes the relevant provisions of Act L/2001/028/AN adopting and promulgating the Act issuing the General Civil Service Regulations, sections 44 and 45 of which establish the right to annual holidays with pay (30 days for 11 months of service). However, this Act does not contain more detailed provisions covering the requirements of certain Articles of the Convention. The Committee therefore requests the Government to provide information on the manner in which it is ensured that Articles 4, 5(4), 6, 7(2), 8(2), 9, 10, 11 and 12 of the Convention are applied to civil servants.

Article 7(2). Holiday pay in advance of the holiday. The Committee notes that section 222.15 of the Labour Code indicates that the employer must pay the worker, for the whole duration of the holiday, the wages and allowances that the latter would have received if he/she had continued his/her customary work, except for the expatriation bonus and allowances corresponding to the reimbursement of costs connected with the performance of the work. The Committee requests the Government to indicate in what manner it is ensured that the amounts thus due to the worker are paid to him/her before the start of the holiday.

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

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.

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

The Committee 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 direct request, which read as follows:

Repetition

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret 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 direct request, which read as follows:

Repetition

Article 2(1) of the Convention. Scope of application. The Government is requested to transmit a copy of Law L/2001/028/AN, which regulates the application of the Convention for civil servants.

Articles 4 and 5. Annual paid entitlement. According to the Government’s indication, Order No. 4681/MTASE/DNTL/95 is supplementing the Labour Code, promulgated by Ordinance No. 003/PRG/SGG/88 of 1988, with regard to modalities of calculation, duration and allocation of the annual holiday. The Committee asks the Government to transmit a copy of that Order.

Article 8(2). Division of annual holidays into parts. The Labour Code of 1988 authorizes the division of annual holiday into parts. Section 161 states that accrued paid leave totalling 14 days or less in length, whether calculated in terms of working days or non-working days, must be taken in one continuous period. It appears, however, that the Labour Code of 1988 does not guarantee one of the parts of the annual holiday to consist of at least two uninterrupted working weeks in line with Article 8(2). The Committee asks the Government to indicate the measures taken to ensure that employees enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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 direct request, which read as follows:

Article 2(1) of the Convention. Scope of application. The Government is requested to transmit a copy of Law L/2001/028/AN, which regulates the application of the Convention for civil servants.

Articles 4 and 5. Annual paid entitlement. According to the Government’s indication, Order No. 4681/MTASE/DNTL/95 is supplementing the Labour Code, promulgated by Ordinance No. 003/PRG/SGG/88 of 1988, with regard to modalities of calculation, duration and allocation of the annual holiday. The Committee asks the Government to transmit a copy of that Order.

Article 8(2). Division of annual holidays into parts. The Labour Code of 1988 authorizes the division of annual holiday into parts. Section 161 states that accrued paid leave totalling 14 days or less in length, whether calculated in terms of working days or non-working days, must be taken in one continuous period. It appears, however, that the Labour Code of 1988 does not guarantee one of the parts of the annual holiday to consist of at least two uninterrupted working weeks in line with Article 8(2). The Committee asks the Government to indicate the measures taken to ensure that employees enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned.

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

The Committee notes with regret 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 direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Scope of application. The Government is requested to transmit a copy of Law L/2001/028/AN, which regulates the application of the Convention for civil servants.

Articles 4 and 5. Annual paid entitlement. According to the Government’s indication, Order No. 4681/MTASE/DNTL/95 is supplementing the Labour Code, promulgated by Ordinance No. 003/PRG/SGG/88 of 1988, with regard to modalities of calculation, duration and allocation of the annual holiday. The Committee asks the Government to transmit a copy of that Order.

Article 8, paragraph 2. Division of annual holidays into parts. The Labour Code of 1988 authorizes the division of annual holiday into parts. Section 161 states that accrued paid leave totalling 14 days, or less in length, whether calculated in terms of working days or non-working days, must be taken in one continuous period. It appears, however, that the Labour Code of 1988 does not guarantee one of the parts of the annual holiday to consist of at least two uninterrupted working weeks in line with Article 8(2). The Committee asks the Government to indicate the measures taken to ensure that employees enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned.

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

The Committee 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 direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Government is requested to communicate Law L/2001/028/AN, which regulates the application of the Convention for civil servants.

Articles 4 and 5. According to the Government’s indication, Order No. 4681/MTASE/DNTL/95 is supplementing the Labour Code, promulgated by Ordinance No. 003/PRG/SGG/88 of 1988, with regard to modalities of calculation, duration and allocation of the annual holiday. The Committee asks the Government to transmit a copy of that Order in its next report.

Article 8, paragraph 2. The Labour Code of 1988 authorizes the division of annual holiday into parts. Section 161 states that accrued paid leave totalling 14 days, or less in length, whether calculated in terms of working days or non‑working days, must be taken in one continuous period. It appears, however, that the Labour Code of 1988 does not guarantee one of the parts of the annual holiday to consist of at least two uninterrupted working weeks in line with Article 8, paragraph 2. The Committee asks the Government to indicate the measures taken to ensure that employees enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned.

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

Article 2, paragraph 1, of the Convention. The Government is requested to communicate Law L/2001/028/AN, which regulates the application of the Convention for civil servants.

Articles 4 and 5. According to the Government’s indication, the regulation (arrêté) No. 4681/MTASE/DNTL/95 is supplementing the Labour Code, promulgated by Ordinance No. 003/PRG/SGG/88 of 1988, with regard to modalities of calculation, duration and allocation of the annual holiday. The Committee asks the Government to submit this regulation in its next report.

Article 8, paragraph 2. The Labour Code of 1988 authorizes the division of annual holiday into parts. Section 161 states that accrued paid leave totalling 14 days, or less in length, whether calculated in terms of working days or non-working days, shall be taken in one continuous period. It appears, however, that the Labour Code of 1988 does not guarantee one of the parts of the annual holiday to consist of at least two uninterrupted working weeks in line with Article 8, paragraph 2. The Committee asks the Government to indicate the measures taken to ensure that employees enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned.

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

Further to its earlier comments, the Committee notes with satisfaction that Ordinance No. 003/PRG/SGG/88, of 26 January 1988 brings into effect the Labour Code, section 162 of which provides, in accordance with Article 6, paragraph 2, of the Convention, that days of sickness may not be deducted from annual leave.

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

The Committee 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 direct request, which read as follows:

Article 6, paragraph 2 of the Convention. With reference to its previous comments, the Committee notes the Government's statement to the effect that the draft Labour Code satisfies this provision of the Convention (under which, under determined conditions, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed in Article 3, paragraph 3, of the Convention). The Committee hopes that this draft Code will be adopted in the near future and that the Government will transmit a copy of it.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 6, paragraph 2 of the Convention. With reference to its previous comments, the Committee notes the Government's statement to the effect that the draft Labour Code satisfies this provision of the Convention (under which, under determined conditions, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed in Article 3, paragraph 3, of the Convention). The Committee hopes that this draft Code will be adopted in the near future and that the Government will transmit a copy of it.