Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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

Article 2(1) of the Convention. In previous comments, the Committee noted that, under section 132, paragraph 2, of the Labour Code of 1984, workers may opt to take accumulated holidays in respect of two consecutive years, whereas, under this provision of the Convention a holiday of at least six working days should be taken each year. The Committee notes the Government's response that it will take the necessary measures to harmonise national legislation with the Convention. It hopes the next report will include details.

Article 2(3)(b). The Committee recalls that, in the calculation of holiday rights, absences due to occupational accident or disease and - for up to six months - due to certified illness are regarded as actual service (section 126, paragraph 3, of the Labour Code). It notes the Government's statement that, although occupational illness occurring during holidays falls within section 126, paragraph 3, and is accordingly regarded as actual service in the calculation of holiday due, as concerns other illness occurring during holidays no such provision at present exists. The Committee further notes the Government's indication that the labour inspection services have not indicated that this matter poses a problem in practice. The Committee hopes the Government will consider taking action to give effect in law to this provision of the Convention and that information in this regard will be provided with the next report.

Furthermore, the Committee requests the Government to supply with its next report copies of the text to which it refers in its last report, namely Order No. 58-129/ITC of 6 June 1958.