Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Ecuador (Ratification: 1969)

Further to its numerous comments, the Committee notes with regret that the Government provides no fresh information as to any amendment of its legislation, despite the assurance given in its last report that it would make every effort to amend the legislation as rapidly as possible to take account of national practice and the Committee’s comments.

Articles 1 and 8 of the Convention. Postponement by the worker of paid annual holiday. The Committee notes that section 75 of the Labour Code still allows workers to relinquish their paid annual holidays for three consecutive years so that they can take it cumulatively in the fourth year. It draws the Government’s attention to paragraph 177 of its General Survey of 1964 on annual holidays with pay in which it pointed out that the fact that the Convention provides for the obligation to grant workers “annual” holidays (Article 1) and prohibits renunciation of this right (Article 8), is taken to mean that the postponement of holidays – which may nullify the whole purpose of the Convention – is not permitted. Should certain exceptions be considered as acceptable because they respond to the interests of both workers and employers, “it is essential to maintain the principle that, in the course of the year, the worker must be granted at least part of his leave in order to enjoy a minimum amount of rest and leisure.” The Committee accordingly urges the Government to take the necessary steps without delay to ensure that should the postponement of annual holiday continue to be permitted, this will not affect a certain minimum part of the holiday, which must be granted every year.

The Committee raises other matters in a request addressed directly to the Government.