Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Madagascar (Ratification: 1972)

In the comments that it has been making for a number of years, the Committee has noted certain divergencies between section 5 of Decree No. 60-124 of 1 June 1960, under which officials may have their entitlement to annual leave postponed for two successive years, and Article 9, paragraph 1, of the Convention, which provides that a part of the holiday consisting of at least two weeks must be taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen. Under section 5 above, officials who have their entitlement to leave postponed are entitled, at the end of the third year, to an accumulated holiday. The application of section 5(2) can result in the worker not benefiting from the minimum leave of two weeks provided for in the Convention. Furthermore, section 5(3) provides for the possibility of the worker not taking any annual leave during three years of service.

The Government states in its report that the possibility of accumulating annual leave entitlements is left to the personal convenience of the official and that the system only concerns officials working for the State. The Committee wishes, however, to recall that Article 9, paragraph 1, of the Convention contains in particular the principle that a minimum annual holiday must be taken within one year. The Committee trusts that the necessary measures will be taken in the very near future to bring the legislation into conformity with the Convention on this point and requests the Government to supply detailed information in this respect.