Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Saint Lucia (Ratification: 1980)

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

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

Articles 1 and 3 of the Convention. Annual paid leave for agricultural workers. The Committee notes the enactment in August 2012 of the Labour Code No. 37 of 2006 which continues to implement the Convention. It also notes the Government’s indication that since the collapse of the banana industry, agriculture is practiced on a small-scale basis. The Committee recalls, in this respect, that the ILO Governing Body has decided that Convention No. 101 is an outdated instrument and that States parties to this Convention should be invited to ratify the more recent Holidays with Pay Convention (Revised), 1970 (No. 132). It also recalls that under Article 16 of Convention No. 132, acceptance of the obligations of that Convention in respect of employed persons in agriculture shall ipso jure involve the immediate denunciation of Convention No. 101. Noting that the existing legislation is not limited to agricultural workers but is of general application and also that it gives effect to most of the requirements of Convention No. 132, the Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the possible ratification of Convention No. 132.

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

Articles 1 and 3 of the Convention. Annual paid leave for agricultural workers. The Committee notes the enactment in August 2012 of the Labour Code No. 37 of 2006 which continues to implement the Convention. It also notes the Government’s indication that since the collapse of the banana industry, agriculture is practiced on a small scale basis. The Committee recalls, in this respect, that the ILO Governing Body has decided that Convention No. 101 is an outdated instrument and that States parties to this Convention should be invited to ratify the more recent Holidays with Pay Convention (Revised), 1970 (No. 132). It also recalls that under Article 16 of Convention No. 132, acceptance of the obligations of that Convention in respect of employed persons in agriculture shall ipso jure involve the immediate denunciation of Convention No. 101. Noting that the existing legislation is not limited to agricultural workers but is of general application and also that it gives effect to most of the requirements of Convention No. 132, the Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the possible ratification of Convention No. 132.

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

The Committee notes the explanations provided by the Government concerning the application of Articles 5 (young workers) and 6 (division of annual leave) of the Convention. It also notes that the Labour Code of 2006 has not yet come into force and that the text is presently with the Attorney-General’s office for modification. In this respect, the Committee once again recalls the decision of the ILO Governing Body to classify Convention No. 101 as an outdated instrument and to invite States parties to ratify the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph. 12). The Committee hopes that, in the context of the current process of finalization of the text of the new Labour Code, the Government might wish to consider measures that would bring the national legislation into closer conformity with Convention No. 132 and would thus facilitate the possible ratification of that instrument. In particular, the Committee draws the Government’s attention to the requirement for at least three working weeks’ paid leave for one year of service and a qualifying period of service not exceeding six months (Articles 3(3) and 5(2) of Convention No. 132, respectively). Recalling that the existing legislation is not limited to agricultural workers but is of general application and also that it gives effect to most of the requirements of Convention No. 132, the Committee asks the Government to keep the Office informed of any future developments concerning the possible ratification of that Convention.

Article 11 of the Convention and Part V of the report form. Application in practice. The Committee observes that, practically since the ratification of the Convention, the Government has not communicated any information on its practical application. While noting the Government’s indication that the application of the Convention encounters little or no difficulty, the Committee would be grateful if the Government would supply in future reports all available information, including, for instance, extracts from labour inspection reports containing information and statistical data on the enforcement of holidays with pay in agriculture, copies of relevant collective agreements, etc.

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:

The Committee understands that the new Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the new Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep it informed of any revision process that occurs.

Article 5(a) of the Convention. Young workers. The Committee notes that section 97(2) and Appendix 2 of the Labour Code state that workers are entitled to a paid annual holiday of at least 14 working days if their length of service is between one and five years, and of 21 working days if their length of service is more than five years. It asks the Government to indicate whether provision has been made for a more favourable annual holiday scheme for young workers, including apprentices.

Article 6. Division of the annual holiday. The Committee notes that section 99(1) of the Labour Code allows the annual holiday to be divided on the basis of an agreement between the employer and the worker. It draws the Government’s attention to the fact that Article 6 of the Convention allows such a division to occur, but within such limits as may be laid down by national laws and regulations, collective agreement or arbitration award, or by special bodies entrusted with the regulation of holidays with pay in agriculture, or in any other manner approved by the competent authority. The Committee asks the Government to indicate whether such limits have been laid down by any of these means and, if so, to send a copy of the relevant text.

Part V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, particularly statistical data concerning the number of agricultural workers covered by the legislation giving effect to the Convention, extracts from reports of the labour inspectorate, the number of contraventions of the regulations on weekly rest in agriculture which have been reported and the penalties imposed.

The Committee also takes this opportunity to recall that, following the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 is outdated and invited the States parties to this Convention to envisage the possibility of 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, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of employed persons in agriculture by a State party to Convention No. 101 ipso jure involves the immediate denunciation of that Convention. The Committee requests the Government to keep the Office informed of any decision that it may take in this respect, particularly since the provisions of the new Labour Code appear in overall terms to be in conformity with Convention No. 132.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It understands that the new Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the new Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep it informed of any revision process that occurs.

The Committee would like to raise the following points concerning the application of the Convention following the adoption of the new Labour Code.

Article 5(a) of the Convention. Young workers. The Committee notes that section 97(2) and Appendix 2 of the Labour Code state that workers are entitled to a paid annual holiday of at least 14 working days if their length of service is between one and five years, and of 21 working days if their length of service is more than five years. It asks the Government to indicate whether provision has been made for a more favourable annual holiday scheme for young workers, including apprentices.

Article 6. Division of the annual holiday. The Committee notes that section 99(1) of the Labour Code allows the annual holiday to be divided on the basis of an agreement between the employer and the worker. It draws the Government’s attention to the fact that Article 6 of the Convention allows such a division to occur, but within such limits as may be laid down by national laws and regulations, collective agreement or arbitration award, or by special bodies entrusted with the regulation of holidays with pay in agriculture, or in any other manner approved by the competent authority. The Committee asks the Government to indicate whether such limits have been laid down by any of these means and, if so, to send a copy of the relevant text.

Part V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, particularly statistical data concerning the number of agricultural workers covered by the legislation giving effect to the Convention, extracts from reports of the labour inspectorate, the number of contraventions of the regulations on weekly rest in agriculture which have been reported and the penalties imposed.

The Committee also takes this opportunity to recall that, following the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 was outdated and invited the States parties to this Convention to envisage the possibility of 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 GV.283/LILS/WP/PRS/1/2, para. 12). Acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a Member which is party to Convention No. 52 shall ipso jure involve the immediate denunciation of that Convention. The Committee requests the Government to keep the Office informed of any decision that it may take in this respect, particularly since the provisions of the new Labour Code appear in overall terms to be in conformity with Convention No. 132.