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

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Sierra Leone (Ratification: 1961)

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Articles 1 and 8 of the Convention. Right to annual holidays with pay. Prohibition to forgo annual holiday. For several years the Committee has been requesting the Government to amend section 12(a) of Government Notice No. 888 of 5 December 1980, which permits the deferral of annual leave for a period of up to two years or for longer with both the employee’s and the union’s consent. The Government indicates in its report that it is in the process of revising section 12(a) of Government Notice No. 888 of 5 December 1980. At the same time, the Committee notes that under section 71(5) of the new Employment Act 2023 when a worker is prevented or restrained from taking annual leave by an employer because of the exigencies of work, the worker shall be entitled to one and half month of his basic salary in lieu of his annual leave entitlement or as prescribed by collective agreements or other better terms. The Government indicates that the Employment Act allows for annual leave not to be taken on account of the exigencies of the work of the employer but provides as a balance to this the payment of extra compensation. The Government also indicates that if the staff is unionized, the union’s consent would be sought. In this respect, the Committee recalls that Article 8 of the Convention prohibits any relinquishment of the right of annual holiday with pay. The Committee requests the Government to take the necessary measures to ensure that the workers covered by the Convention effectively enjoy a period of annual holiday with pay every year, independently of any monetary compensation. In this respect, the Committee requests the Government to provide information on any progress made with respect to the revision of section 12(a) of Government Notice No. 888 of 5 December 1980. Furthermore, the Committee requests the Government to indicate the measures taken or envisaged to bring section 71(5) of the Employment Act 2023 in compliance with Article 8.

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