Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Holidays with Pay Convention, 1936 (No. 52) - Burundi (Ratification: 1971)

The Committee notes that, in the observations received on 31 August 2012, the Trade Union Confederation of Burundi (COSYBU) is calling for the Government to ratify the Holidays with Pay Convention (Revised), 1970 (No. 132), which revises Convention No. 52. The Committee draws the Government’s attention to the fact that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 52 was obsolete and invited the States party to this Convention to consider the possibility of ratifying Convention No. 132, which is not considered as being fully up to date but is still relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance by Burundi of the obligations of Convention No. 132 with respect to persons employed in economic sectors other than agriculture would result in the automatic denunciation of Convention No. 52. Furthermore, acceptance of its obligations with respect to persons employed in agriculture would result in the automatic denunciation of the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), which was also ratified by Burundi. The Committee therefore requests the Government to keep the Office informed of any decision that it might take regarding the possible ratification of Convention No. 132. Moreover, noting with regret that the Government has not submitted a report on the application of the Convention since 2003, it requests the Government to supply without delay the information requested in reply to its previous direct request, which was concerned with the following points.

Article 2(3)(a) of the Convention. Public holidays not to be included in annual holidays. The Committee again requests the Government to take the necessary steps to ensure that public and customary holidays are not included in the number of days of annual holiday with pay to which workers are entitled under the national legislation.

Article 7. Record keeping. The Committee recalls that, in order to facilitate the effective application of the Convention, every employer is required to keep, in a form approved by the competent authority, a record showing: (a) the date of entry into his/her service of each person employed by him/her and the duration of the annual holiday with pay to which each such person is entitled; (b) the dates at which the annual holiday with pay is taken by each person; and (c) the remuneration received by each person in respect of the period of his or her annual holiday with pay. The Committee requests the Government to indicate the legal provisions whereby employers are required to keep such records and to provide a specimen of employers’ records as approved by the competent authorities.