Paid Educational Leave Convention, 1974 (No. 140) - Afghanistan (Ratification: 1979)

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

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 2024, 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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

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

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 2023, 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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard.The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 2022, 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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern 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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

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

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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

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

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 initially made in 2013.

Repetition

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

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

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its 2006 direct request received in August 2008. In its report, the Government refers to sections 79 and 80 of the Labour Code adopted in 2007, which provide for the payment of wages to workers who require leave for training purposes during working hours. The Government further states that the social partners were involved in the formulation and application of the policy for the promotion of paid educational leave. In this regard, the Committee recalls the requirement, set out in Article 2 of the Convention, to “formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave”. The Committee invites the Government to provide in its next report extracts of any other relevant policy and legislative documents which give effect to the Convention. It hopes that the report will also contain information on the provisions in force which grant paid educational leave for the purposes set out in Article 2(a), (b) and (c) and other useful documentation such as reports, studies, inquiries and statistics which will allow the Committee to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the information contained in the Government’s report received in June 2006, as well as the content of the Afghanistan Compact that was adopted during the London Conference on Afghanistan on 31 January to 1 February 2006, and for which economic and social development is one of the three pillars of activity. The Committee also takes note of the comments formulated by the Workers and Employees National Union of Afghanistan on the application of the Convention. 

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and participation of the social partners. The Committee notes that the 2006 Draft Labour Code contains a number of provisions concerning vocational guidance and training in Chapter VI of the Code entitled “Vocational training and raising skills of the workers”. The Committee refers to its comments under the Human Resources Development Convention, 1975 (No. 142), on this issue. While no specific provisions for the granting of paid educational leave for the purpose of training at any level, general, social and civic education and trade union education have been included, the Committee nevertheless notes the provisions of article 94 of the Draft Labour Code that provide for opportunities granted to a worker for training purposes during working hours with adequate financial entitlements. The Committee looks forward to receiving from the Government more information on its policy and on the provisions in force granting paid educational leave for the purposes set out in Article 2(a), (b) and (c) of the Convention. Furthermore, having taken note of the comments of the Workers and Employees National Union of Afghanistan to the effect that the provisions of the Convention have not yet been implemented in practice, the Committee asks the Government to describe the manner in which employers’ and workers’ organizations are associated with the formulation and application of the policy for the promotion of paid educational leave.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 1998 direct request, which read as follows:

Article 2(c) of the Convention. Please indicate the measures taken or envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. The Committee notes the Government’s statement to the effect that it is endeavouring to involve employers’ and workers’ organizations with the policy for the promotion of paid educational leave. The Committee requests the Government to describe the manner in which these organizations are contributing, in practice, to the formulation and application of this policy.

Moreover, the Committee recalls that the Government is required, under the provisions of Article 8 of the Convention, to take the necessary measures to ensure that workers enjoy equality of access to paid educational leave irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin. The Committee requests the Government to provide information in its next report on the measures taken to this effect.

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

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 1998 direct request, which read as follows:

The Committee recalls its previous direct requests and hopes that in its next report the Government will provide the information which the Committee has been requesting over a period of years on the following points.

Article 2(c) of the Convention. Please indicate the measures taken or envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. The Committee notes the Government’s statement to the effect that it is endeavouring to involve employers’ and workers’ organizations with the policy for the promotion of paid educational leave. The Committee requests the Government to describe the manner in which these organizations are contributing, in practice, to the formulation and application of this policy.

Moreover, the Committee refers to its comments in respect of the application of Conventions Nos. 111 and 142, and recalls that the Government is required, under the provisions of Article 8 of the Convention, to take the necessary measures to ensure that workers enjoy equality of access to paid educational leave irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin.

The Committee requests the Government to provide information in its next report on the measures taken to this effect.

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

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 reads as follows:

The Committee recalls its previous direct requests and hopes that in its next report the Government will provide the information which the Committee has been requesting over a period of years on the following points.

Article 2(c)of the Convention.  Please indicate the measures taken or envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6.  The Committee notes the Government’s statement to the effect that it is endeavouring to involve employers’ and workers’ organizations with the policy for the promotion of paid educational leave. The Committee requests the Government to describe the manner in which these organizations are contributing, in practice, to the formulation and application of this policy.

Moreover, the Committee refers to its comments in respect of the application of Conventions Nos. 111 and 142, and recalls that the Government is required, under the provisions of Article 8 of the Convention, to take the necessary measures to ensure that workers enjoy equality of access to paid educational leave irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin. The Committee requests the Government to provide information in its next report on the measures taken to this effect.

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

The Committee recalls its previous direct requests and hopes that in its next report the Government will provide the information which the Committee has been requesting over a period of years on the following points.

Article 2(c) of the Convention. Please indicate the measures taken or envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. The Committee notes the Government's statement to the effect that it is endeavouring to involve employers' and workers' organizations with the policy for the promotion of paid educational leave. The Committee requests the Government to describe the manner in which these organizations are contributing, in practice, to the formulation and application of this policy.

Moreover, the Committee refers to its comments in respect of the application of Conventions Nos. 111 and 142, and recalls that the Government is required, under the provisions of Article 8 of the Convention, to take the necessary measures to ensure that workers enjoy equality of access to paid educational leave irrespective of their race, colour, sex, religion, political opinion, national extraction or social origin. The Committee requests the Government to provide information in its next report on the measures taken to this effect.

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:

Article 2(c) of the Convention. Please indicate the measures taken or envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. Please indicate the procedures through which employers' and workers' organizations are associated with the formulation and application of the policy for the promotion of paid educational leave.

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

The Committee notes with interest the information provided by the Government. The Committee would be grateful if the Government would in addition provide the information requested in its last direct request as follows:

Article 2(c) of the Convention. Please indicate the measures taken or envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. Please indicate the procedures through which employers' and workers' organisations are associated with the formulation and application of the policy for the promotion of paid educational leave.

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

The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request which read as follows:

Article 2(c) of the Convention. Please indicate the measures that have been taken or are envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. Please indicate the procedures through which employers' and workers' organisations are associated with the formulation and application of the policy for the promotion of paid educational leave.

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

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

Article 2(c) of the Convention. Please indicate the measures that have been taken or are envisaged for the granting of paid educational leave for the purpose of trade union education.

Article 6. Please indicate the procedures through which employers' and workers' organisations are associated with the formulation and application of the policy for the promotion of paid educational leave.