Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Saint Lucia (Ratification: 1980)

The Committee notes the explanations provided by the Government concerning the application of Articles 5 (young workers) and 6 (division of annual leave) of the Convention. It also notes that the Labour Code of 2006 has not yet come into force and that the text is presently with the Attorney-General’s office for modification. In this respect, the Committee once again recalls the decision of the ILO Governing Body to classify Convention No. 101 as an outdated instrument and to invite States parties to ratify the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph. 12). The Committee hopes that, in the context of the current process of finalization of the text of the new Labour Code, the Government might wish to consider measures that would bring the national legislation into closer conformity with Convention No. 132 and would thus facilitate the possible ratification of that instrument. In particular, the Committee draws the Government’s attention to the requirement for at least three working weeks’ paid leave for one year of service and a qualifying period of service not exceeding six months (Articles 3(3) and 5(2) of Convention No. 132, respectively). Recalling that the existing legislation is not limited to agricultural workers but is of general application and also that it gives effect to most of the requirements of Convention No. 132, the Committee asks the Government to keep the Office informed of any future developments concerning the possible ratification of that Convention.

Article 11 of the Convention and Part V of the report form. Application in practice. The Committee observes that, practically since the ratification of the Convention, the Government has not communicated any information on its practical application. While noting the Government’s indication that the application of the Convention encounters little or no difficulty, the Committee would be grateful if the Government would supply in future reports all available information, including, for instance, extracts from labour inspection reports containing information and statistical data on the enforcement of holidays with pay in agriculture, copies of relevant collective agreements, etc.