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

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

Article 2, paragraph 1, of the Convention. Minimum duration of annual holiday with pay. As already noted in the Committee’s previous comments, the Labour Code establishes no requirement for a minimum paid holiday to be taken in the course of the year. It also notes that according to section 188 of the Code, claims to holiday must be filed within two years of the date at which the maximum length of service gives entitlement to holiday, except in the event of force majeure or where the employer is at fault. The Committee recalls that pursuant to Article 2, paragraph 1, of the Convention, workers who have an acquired right to paid annual holiday must have at least six working days of holiday in the course of the year. It requests the Government to adopt the necessary legislative measures to ensure that workers have a holiday of six working days in the year, in accordance with the provisions of this Article of the Convention.

Part V of the report form. Practical application. The Committee again asks the Government to provide general information on the practical effect given to the Convention, including, for instance, extracts of reports of the inspection services indicating the number of breaches of the rules on annual holiday with pay that have been reported and the penalties imposed, statistics on the number of workers covered by the legislation giving effect to the Convention, etc.

Lastly, the Committee wishes to draw the Government’s attention to the fact that on the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body classified Conventions Nos 52 and 101 as outdated and invited States parties to them to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not deemed fully up to date but remains relevant in some respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in all economic sectors, including agriculture, by a State party to Conventions Nos 52 and 101 involves ipso jure immediate denunciation of the latter two instruments. This option would appear the more suitable as Gabon’s legislation, which provides for paid annual holiday of two working days per month (and even two-and-a-half working days for workers under 18 years of age), is significantly more advantageous than the provisions of Conventions Nos 52 and 101 and appears to reflect most of the provisions of Convention 132. The Committee requests the Government to envisage ratifying Convention No. 132, and accordingly adopt any necessary legislative amendments, and to keep the Office informed of any decisions it may take in this regard.