Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Holidays with Pay Convention, 1936 (No. 52) - Gabon (Ratification: 1961)

The Committee notes from the Government’s detailed report that Act 12/2000 of 12 October 2000, amending Act 3/1994 of 21 November 1994, left the provisions of the Labour Code concerning holidays with pay unchanged. The Committee asks the Government to provide information on the following points.

Article 2, paragraph 1, and Article 4 of the Convention. The Convention requires that every person to whom it applies is entitled to annual holiday with pay of at least six working days, and that only that part of such holiday which exceeds this minimum may be deferred. Since section 188(5) of the Labour Code on the modalities of postponement of annual leave remained unchanged by the amending Act 12/2000, the Committee notes again that the Labour Code does not require the taking of a minimum of six days’ leave per year, but that the application for holiday must be made within two years from the date at which the maximum duration of service gives entitlement to the holiday, except in the event of force majeure or fault by the employer. The Committee trusts that the next report will include full details on any measures taken or envisaged to ensure that workers enjoy an annual holiday with pay of at least six working days.

Part V of the report form. The Committee notes that often contraventions to the provisions on paid leave, concerning the granting of additional leave in accordance with the length of service or for reasons of family duties, have occurred. Please supply, wherever possible, extracts from the reports of the inspection services and, where available, statistical data on the number of workers covered by the relevant legislation and the number and nature of contraventions reported.