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

Paid Educational Leave Convention, 1974 (No. 140) - Guinea (Ratification: 1976)

Articles 2 and 6 of the Convention. Policy for the promotion of paid educational leave. Participation of the social partners. Application in practice. For over 30 years, the Committee has been requesting the Government to provide detailed information demonstrating that it has formulated and applied a policy promoting the granting of paid educational leave for the various training and education purposes set out in the Convention. Moreover, for more than 15 years, it has been requesting the Government to describe the manner in which the public authorities, employers’ and workers’ organizations and institutions providing education and training are associated with the formulation and application of the policy to promote paid educational leave. The Government indicates that, on 15 October 2019, within the framework of the Decent Work Country Programme (DWCP), 2016-2019, the National Employment Policy (PNE) was validated, with the support of the employers’ and workers’ organizations. The PNE includes a programme on workforce development, basic education and vocational training. The Government indicates that the PNE is still in the process of finalization and that it will keep the Committee informed of any new development in this regard. The Committee observes, however, that the Government provides no information on the formulation and application of a policy promoting the granting of paid educational leave. The Committee recalls that the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and by stages as necessary, the granting of paid educational leave for the purpose of training at any level; general, social and civic education; trade union education (Article 2), in concertation with the social partners (Article 6).

Furthermore, the Committee notes that the Government refers once more to section 222.9 of the Labour Code, which provides that periods of educational leave shall be assimilated to time actually worked. The Committee notes the Government’s indication that a revision of the Labour Code is under way, conducted in collaboration with the organizations of the employers and workers, and that ILO technical assistance has been requested in this regard. The Committee notes with interest the adoption of Act L/2019/0027/AN of 7 June 2019, adopting and promulgating the Act issuing the general conditions of employment of State employees. With regard to public servants, the said Act provides that State employees shall have the right to educational leave which covers periods of absence from work for the purpose of training or upskilling. Public servants on educational leave are regarded as having active status. The time passed thereon is taken into account for grade advancement and counted in the years of service required to qualify for promotion to a higher grade or to sit a professional examination. All public servants shall have the right to improve and complete their occupational skills and competencies, either through training or through upskilling (sections 27, 146, 147 and 182 and following). The Committee also notes that the financing of vocational training is provided by the State and the public employer. Paid educational leave for various educational and training purposes is often allocated to workers who have received grants. Finally, the Committee observes that the Government does not provide information on the application of the Convention in practice. In this regard, the Government indicates that the National Observatory of Labour and Employment (ONTE) was put in place in 2022, with a view to answering to the need for consolidated, harmonized and reliable information at national level, in the areas of work, employment and training. The Committee once more expresses the hope that the Government will provide detailed information on progress achieved in the formulation and application of a policy designed to promote the granting of paid educational leave for the various purposes prescribed by the Convention. In particular, the Committee again requests the Government to indicate the manner in which the public authorities, employers’ and workers’ organizations and institutions providing education and training are associated with the formulation of the policy to promote paid educational leave for the purposes set out in Articles 2 and 3 of the Convention. The Committee also requests the Government to communicate all reports, studies, surveys or statistical data allowing an appreciation of the level of application of the Convention in practice.