Holidays with Pay Convention, 1936 (No. 52) - Djibouti (Ratification: 1978)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(5) of the Convention. Progressive increase in the duration of annual holidays with pay. Referring to its previous comment, the Committee notes the Government’s statement in its report that national legislation does not provide for a progressive increase in the duration of the annual holiday with pay in accordance with Article 2(5) of the Convention, and that it will bring this matter before the next meeting of the National Labour and Social Security Council. While noting this undertaking, the Committee hopes that new legislation will be adopted in the very near future which gives full effect to the requirements of Article 2(5) of the Convention and requests the Government to provide information on all progress made in this respect.

Article 7. Records. In its previous comment, the Committee recalled that every employer must keep a record of certain data relating to the annual holiday with pay. The Committee notes the Government’s indication that the legislation does not provide for such records and that this matter will be discussed at the next meeting of the National Labour and Social Security Council. The Committee requests the Government to indicate the measures taken to give full effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(5) of the Convention. Progressive increase in the duration of annual holidays with pay. Referring to its previous comment, the Committee notes the Government’s statement in its report that national legislation does not provide for a progressive increase in the duration of the annual holiday with pay in accordance with Article 2(5)of the Convention, and that it will bring this matter before the next meeting of the National Labour and Social Security Council.While noting this undertaking, the Committee hopes that new legislation will be adopted in the very near future which gives full effect to the requirements of Article 2(5) of the Convention, and requests the Government to provide information on all progress made in this respect.

Article 7. Records. In its previous comment, the Committee recalled that every employer must keep a record of certain data relating to the annual holiday with pay. The Committee notes the Government’s indication that the legislation does not provide for such records and that this matter will be discussed at the next meeting of the National Labour and Social Security Council.The Committee requests the Government to indicate the measures taken to give full effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2(5) of the Convention. Progressive increase in the duration of annual holidays with pay. Referring to its previous comment, the Committee notes the Government’s statement in its report that national legislation does not provide for a progressive increase in the duration of the annual holiday with pay in accordance with Article 2(5) of the Convention, and that it will bring this matter before the next meeting of the National Labour and Social Security Council. While noting this undertaking, the Committee hopes that new legislation will be adopted in the very near future which gives full effect to the requirements of Article 2(5) of the Convention, and requests the Government to provide information on all progress made in this respect.

Article 7. Records. In its previous comment, the Committee recalled that every employer must keep a record of certain data relating to the annual holiday with pay. The Committee notes the Government’s indication that the legislation does not provide for such records and that this matter will be discussed at the next meeting of the National Labour and Social Security Council. The Committee requests the Government to indicate the measures taken to give full effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Article 2(5) of the Convention. Progressive increase in the duration of annual holidays with pay. The Committee notes that the Government’s report does not contain any information in this regard. It therefore requests the Government once again to indicate the legal provisions which provide for a progressive increase in the duration of the annual holiday with pay based on the length of service, in accordance with this provision of the Convention.

Article 7. Records. The Committee notes that the Government’s report does not provide any information in this regard. It therefore requests the Government once again to indicate whether national legislation imposes the requirement on employers to keep, in a form approved by the competent authority, a record showing the date of entry into service of each person employed and the duration of the annual holiday with pay to which each such person is entitled, the dates on which the annual holiday with pay is taken by each person, and the remuneration received by each person in respect of the period of the annual holiday with pay. If so, the Government is requested to provide copies of the relevant provisions and of the form of the record approved by the competent authority.

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

The Committee notes the information supplied in the Government’s report, particularly to the effect that the legislation on annual holidays with pay applies to all employed persons and to all undertakings or establishments. Consequently, the Committee notes that workers employed in the export processing zones have exactly the same entitlement to holidays with pay as workers covered by the Labour Code. However, it would like to receive further information on the following points.

Article 2, paragraph 5, of the Convention. Progressive increase in the duration of annual holidays with pay. The Committee notes that the Government’s report does not contain any information in this regard. It therefore requests the Government once again to indicate the legal provisions which provide for a progressive increase in the duration of the annual holiday with pay based on the length of service, in accordance with this provision of the Convention.

Article 7. Records. The Committee notes that the Government’s report does not provide any information in this regard. It therefore requests the Government once again to indicate whether national legislation imposes the requirement on employers to keep, in a form approved by the competent authority, a record showing the date of entry into service of each person employed and the duration of the annual holiday with pay to which each such person is entitled, the dates on which the annual holiday with pay is taken by each person, and the remuneration received by each person in respect of the period of the annual holiday with pay. If so, the Government is requested to provide copies of the relevant provisions and of the form of the record approved by the competent authority.

Part V of the report form. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services and, if possible, information on the number of workers covered by the legislation, the number and nature of contraventions reported and any measures taken, etc.

Finally, in response the Committee notes the statement to the effect that the National Council for Labour, Employment and Vocational Training will consider the question of the possible ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), at its next meeting. It recalls, as it did in its previous comment, that the provisions of the Labour Code appear in overall terms to be in conformity with Convention No. 132. The Committee hopes that the Government will be able to implement the recommendations of the ILO Governing Body on this matter and requests it to keep the Office informed of all developments in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the adoption of Act No. 133/AN/05/5ème L of 28 January 2006 issuing the Labour Code which provides, in section 99, for an annual holiday with pay of two-and-a-half working days per month of effective service. It would appreciate receiving further information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that, under the terms of section 1(6) of the Labour Code, the Code is applicable throughout the national territory, with the exception of “export processing zones”, which are covered by specific legislation. It further notes that, under the terms of section 31 of Act No. 53/AN/04 of 17 May 2004 issuing the Code respecting export processing zones, with the exception of the derogations established by the Act, the Labour Code governs labour relations within export processing zones. In this respect, the Committee notes that the Code respecting export processing zones does not contain provisions respecting annual holidays with pay. The Committee therefore understands that the right to annual holidays with pay of workers employed in export processing zones is governed by the Labour Code. The Committee requests the Government to confirm that this is indeed the case.

Article 2, paragraph 5. Progressive increase in the duration of the annual holiday with pay. The Committee requests the Government to indicate whether the provisions of the legislation or collective agreements provide for the progressive increase in the duration of the annual holiday with pay with length of service, as prescribed by this provision of the Convention.

Article 7. Records. The Committee requests the Government to indicate whether the national legislation imposes the requirement upon employers to keep, in a form approved by the competent authority, a record showing the date of entry into service of each person employed and the duration of the annual holiday with pay to which each such person is entitled, the dates on which the annual holiday with pay is taken by each person and the remuneration received by each person in respect of the period of the annual holiday with pay. If so, the Government is requested to provide copies of the relevant provisions and of the form of the record approved by the competent authority.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if possible, information concerning the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the measures taken to bring them to an end, etc.

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. 52 was 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, para. 12). Acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a Member which is party to Convention No. 52 shall ipso jure involve 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.