Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay Convention, 1936 (No. 52) - Colombia (Ratification: 1963)

Article 6 of the Convention. Compensation for holidays upon the termination of an employment contract. The Committee notes the adoption of Act No. 789 of 27 December 2002 partially amending section 189 of the Labour Code, which states that where the employment contract is terminated before the worker has used his acquired right to holidays, compensation in cash will be paid on a pro rata basis according to the portion of the year worked and no longer solely for any portion of the year exceeding three months. It also notes the observations from the General Confederation of Labour (CGT), dated 19 August 2008, and transmitted to the Government on 19 September 2008, according to which, even though workers holding an employment contract receive compensation, this is not the case for workers belonging to “associated labour cooperatives” (cooperativas de trabajo asociado), those subject to orders for the provision of services or millions of workers in the informal sector. The Committee requests the Government to communicate any comments which it considers relevant in this respect.

The Committee takes this opportunity to recall that, on the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Conventions Nos 52 and 101 were outdated and invited the States parties to these Conventions to consider the possibility of ratifying Convention No. 132, which is not regarded as being fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of employed persons in all economic sectors, including agriculture, would ipso jure involve the immediate denunciation of Conventions Nos 52 and 101 (Article 16(a) and (b)). The Committee requests the Government to keep the Office informed of any decision taken regarding the possible ratification of Convention No. 132 and the ensuing legislative changes which would be necessary in order to bring national law into conformity with the provisions of this Convention.