Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Plantations Convention, 1958 (No. 110) - Nicaragua (Ratification: 1981)

Further to its previous comments, the Committee takes note of the information provided in the Government's last report.

1. Part V (Annual holidays with pay), Article 42 of the Convention. The Committee notes from the Government's report that a new Labour Code is to be examined by the National Assembly at its forthcoming sessions, which should make it possible to eliminate any ambiguities in the legislation, with regard to the entitlement of a worker terminating his employment to the proportion of the wage due to him in respect of holidays, whatever the circumstances and the reason for the termination of the employment relationship. It also notes that legal machinery exists whereby the worker may claim payment of this wage with free legal assistance from the Ministry of Labour. The Committee hopes that the new Labour Code containing appropriate provisions will shortly be adopted, and requests the Government to provide a copy of it as soon as possible.

2. The Committee asks the Government to provide the necessary information on the following points which were also raised in its previous direct request:

Article 74, paragraph 1(c). The Committee asks the Government to indicate whether (and under which provisions) the labour inspectorate is authorised to bring to the notice of the competent authorities defects or abuses not specifically covered by existing provisions of the law, as required by the Convention.

Article 76. The Committee asks the Government to provide detailed information on the conditions of service of labour inspectors and to indicate to what extent they guarantee that inspectors enjoy stability of employment and are independent of changes of government and of improper external influences.

Article 79(a). The Committee notes that section 30(3) of the Regulations concerning Labour Inspectors prohibits the latter from accepting gifts from employees or workers in the region under their supervision. It recalls that the scope of the provisions of the Convention is broader and prohibits them from having any direct or indirect interest in the undertakings under their supervision. The Committee hopes that measures will be taken to give full effect to these provisions of the Convention and asks the Government to report on any progress made in this connection.

Article 84. The Committee requests the Government to supply copies of periodical reports on the inspection of plantations, which were not enclosed with the last report.

Part XII (Housing), Articles 85 to 88. The Committee again requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

3. The Committee asks the Government to refer to the following comments, which it has made on the application of other Conventions:

Part IV (Wages), Articles 26 to 35. See the comments made in 1987 on the application of Convention No. 95.

Part VIII (Workmen's compensation), Article 51. See the comments on the application of Convention No. 12.

Part IX (Right to organise and collective bargaining). See the comments made in 1989 on the application of Convention No. 98.

Part X (Freedom of association). See the comments made in 1989 on the application of Convention No. 87.