Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

Convenio sobre las vacaciones pagadas (revisado), 1970 (núm. 132) - Burkina Faso (Ratificación : 1974)

In the comments that it has been making for a number of years, the Committee has noted certain divergences between the national legislation and Article 9, paragraph 1, of the Convention. In particular, it noted that section 130 of the Labour Code and section 5 of Order No. 931 FPT/DGTLS of 1 October 1976 provide that, with the agreement of the worker, holiday may be postponed, and section 55(4) of the inter-occupational agreement of 9 July 1974, which authorizes entitlement to annual holiday to be accumulated over two years. The Committee pointed out that, under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken each year. The Government states in its last report that the relevant texts will be revised to bring them into conformity with the Convention as soon as the new draft Labour Code, which is currently before the Assembly of People's Deputies, is adopted. The Committee hopes that the texts in question will be amended in the near future in order to bring them into conformity with Article 9 of the Convention. The Government is requested to indicate in its next report the progress made in this respect and to supply copies of the relevant texts when they are adopted.

Articles 12 and 14. The Committee notes the information in the Government's report to the effect that difficulties have arisen concerning the application in practice of the right to annual holiday, since certain workers are calling for compensation in place of annual leave. The Government states that efforts have been made by the services of the labour administration and the occupational health office to ensure the application of the texts adopted to give effect to the provisions of the Convention. The Committee recalls that, in accordance with section 130 of the Labour Code, any agreement which provides for a compensatory payment in place of leave is null and void. Section 233 of the Labour Code also sets out sanctions for any violation of section 130. The Government is asked to supply information in its next report on the number of violations reported in this respect and, if appropriate, the sanctions imposed (see point V of the report form).