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

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

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.