Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 101) sur les congés payés (agriculture), 1952 - Sainte-Lucie (Ratification: 1980)

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.