Paid Educational Leave Convention, 1974 (No. 140) - San Marino (Ratification: 1988)

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

Application of the Convention in practice. Part V of the Report Form. In response to the Committee’s previous request, the Government reports that paid and unpaid educational leave in the public sector is governed by Act No. 38 of 13 March 1991, amending article 38 of Organic Act No. 41 of 22 December 1972. In the private sector, paid educational leave is regulated by collective bargaining agreements. The Committee notes the data provided by the Government regarding the granting of paid educational leave from 2017 through 2019. In 2017, 53 employees (34 women and 19 men), out of a total of 3713 employees, took paid educational leave. In 2018, 73 employees (50 women and 23 men), out of a total of 3713 employees, took paid educational leave and in 2019, 41 employees (29 women and 12 men), out of a total of 3697 employees, took paid educational leave. The Committee notes the Government’s indication that no data is available regarding paid educational leave granted to employees in the private sector. The Government reports that the workers’ organizations have commended that the laws and collective agreements on the subject of paid educational leave could be updated. They add that greater awareness is needed regarding the importance of the right to education, to ensure that this right is considered a genuine added value in the public and private labour context in which workers are based, and for society as a whole. In addition, the workers’ organizations have stressed that, even though workers who request leave are usually able to take it, workers in small companies can be reluctant to request leave for fear of causing organizational problems. The Committee welcomes the Government’s expression of its willingness to take account of the recommendations of the Committee as well as the observations of the social partners, as well as its recognition that in a constantly evolving labour market, lifelong education and training is a matter of fundamental importance for all workers. The Committee requests the Government to continue to provide detailed updated information on the manner in which the provisions of the Convention are applied in practice. In addition, the Government is requested to provide information on any legislative developments relative to the application of the Convention.

Article 2 of the Convention. The Committee notes the copies of the collective bargaining agreements in force communicated by the Government, which stipulate, under the Article on the right to education, the length and conditions of paid and unpaid leave from work for all sectors. This leave can be used for several types of single-subject courses; vocational qualifications or secondary school certificates; or university courses to complete a degree, in all cases at legally recognized institutions. The agreements also indicate the maximum number of paid and unpaid hours of leave to which workers are entitled and, in some cases, the maximum percentage of workers within a company who can simultaneously request this type of leave. The Committee requests the Government to indicate the manner in which a policy to promote the granting of paid education leave is expressed through legislation, collective agreement or other means, for the purpose of training at any level, general social, and civic education, and trade union education, as required under Article 2 of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply a detailed report providing information on the practical application of the Convention requested in the report form.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply a detailed report providing information on the practical application of the Convention requested in the report form.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply a detailed report providing information on the practical application of the Convention requested in the report form.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply a detailed report providing information on the practical application of the Convention requested in the report form.

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

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

Repetition

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply a detailed report providing information on the practical application of the Convention requested in the report form.

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

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 comments.

Repetition

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply a detailed report providing information on the practical application of the Convention requested in the report form.

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

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply as soon as practicable a detailed report providing information on the practical application of the Convention requested in the report form.

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

The Committee notes that the last report from the Government was received in 2004. It asks the Government to supply as soon as practicable a detailed report providing information on the practical application of the Convention requested in the report form.

[The Government is asked to reply in detail to the present comments in 2013.]

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

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 2000 direct request, which read as follows:

The Committee notes the Government’s report for the period ending February 2000. It expresses the hope that, as in the past, the Government will supply in its next report information on the practical application of the Convention, as required under Part V of the report form.

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

The Committee notes the Government’s report for the period ending February 2000. It expresses the hope that, as in the past, the Government will supply in its next report information on the practical application of the Convention, as required under Part V of the report form.

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

The Committee has noted the supplementary information provided in response to its previous request. It would be grateful if the Government would continue to provide in its next report information on any new measure promoting the granting of paid educational leave and on the practical application of the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

The Committee notes with interest the Government's report and the texts of the laws and collective agreements provided in response to its previous request. It asks the Government to continue to provide information on any new measures to promote the granting of paid educational leave for the purposes laid down in the Convention. Please also provide additional information on the following points:

1. The Committee notes that the provisions of the Public Servants Act and the clauses of the collective agreements provide that workers shall be entitled to paid educational leave for the purposes of training and general education. Please indicate the measures taken or under consideration also to promote the granting of paid educational leave for the purposes of trade union education, in accordance with Article 2(c) of the Convention;

2. With regard to the association of employers' and workers' organizations, and institutions or bodies providing education and training with the formulation and application of the policy for the promotion of paid educational leave, required by Article 6, the Committee notes that the Government indicates that consultation on vocational training is required by law and refers to the information provided in its report on the application of Convention No. 142. It would be grateful if the Government would give particulars of how consultations for the specific purpose of promoting paid educational leave are ensured;

3. The Committee also asks the Government to indicate how arrangements for paid educational leave are financed. It recalls that in its General Survey of 1991 (paragraphs 444 to 445) it stressed the special importance of the provisions of Article 7 in this respect;

4. Lastly, please provide information, particularly statistics, on the number of workers granted paid educational leave, the length of such leave, the nature and amount of allowances paid, together with all relevant extracts from reports, studies and inquiries on this matter (Part V of the report form).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the Government's report and the texts of the laws and collective agreements provided in response to its previous request. It asks the Government to continue to provide information on any new measures to promote the granting of paid educational leave for the purposes laid down in the Convention. Please also provide additional information on the following points:

1. The Committee notes that the provisions of the Public Servants Act and the clauses of the collective agreements provide that workers shall be entitled to paid educational leave for the purposes of training and general education. Please indicate the measures taken or under consideration also to promote the granting of paid educational leave for the purposes of trade union education, in accordance with Article 2(c) of the Convention;

2. With regard to the association of employers' and workers' organizations, and institutions or bodies providing education and training with the formulation and application of the policy for the promotion of paid educational leave, required by Article 6, the Committee notes that the Government indicates that consultation on vocational training is required by law and refers to the information provided in its report on the application of Convention No. 142. It would be grateful if the Government would give particulars of how consultations for the specific purpose of promoting paid educational leave are ensured;

3. The Committee also asks the Government to indicate how arrangements for paid educational leave are financed. It recalls that in its General Survey of 1991 (paragraphs 444 to 445) it stressed the special importance of the provisions of Article 7 in this respect;

4. Lastly, please provide information, particularly statistics, on the number of workers granted paid educational leave, the length of such leave, the nature and amount of allowances paid, together with all relevant extracts from reports, studies and inquiries on this matter (Part V of the report form).

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

The Committee notes the general information provided in the first report sent by the Government.

The Committee would be grateful if the Government would supply detailed information on the application of the Convention in the form approved by the Governing Body, together with copies of the legislation cited in the report.