Paid Educational Leave Convention, 1974 (No. 140) - Nicaragua (Ratification: 1981)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2, 3 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. In its previous comments, the Committee asked the Government to provide information on the formulation and application, in cooperation with the social partners, of policies and measures to promote the granting of paid educational leave for the purposes of vocational training at any level, general, social and civic education, and trade union education, and to send the relevant texts. It also asked the Government to provide up-do-date statistical information, disaggregated by sex, on workers who have received paid educational leave. However, the Committee notes that the Government does not provide information on the formulation or application of policies and measures to promote paid educational leave. With regard to the number of workers who have received paid educational leave during the period covered by the report, the Government indicates that it does not have any record of applications submitted or granted for paid educational leave for vocational or professional training. The Committee recalls that the principal obligation of the Convention is the one referred to in Article 2: to formulate and apply a policy designed to promote the granting of paid educational leave for the purposes stipulated (see the 1991 General Survey, Human resources development, paragraph 327). Accordingly, the Committee wishes to draw the Government’s attention to Paragraphs 7–10 of the Paid Educational Leave Recommendation, 1974 (No. 148), which provides guidance on measures for the promotion of paid educational leave. The Committee therefore once again requests the Government to provide up-to-date information on the formulation and application, in cooperation with the social partners, of policies and measures to promote the granting of paid educational leave for the purposes of vocational training at any level, general, social and civic education, and trade union education, and to send the relevant texts.

Article 4. Coordination of general policies on employment with the policy for promotion of paid educational leave. For several years, the Committee has been asking the Government to provide detailed information on the measures taken to coordinate national policy on paid educational leave with general policies on employment, education and vocational training. However, the Committee observes that the Government still does not provide any information on this matter. On the other hand, the Committee notes the information provided by the Government regarding the measures taken to reinforce technical training in the country. Among other things, the Government refers to the implementation of training measures for teachers and instructors by the National Training Centre for Teachers and Instructors (CNFDI), and the participation in various workshops on improvements to the management and planning of vocational training institutions held by the Central American Network of Vocational Training Institutes (REDIFP). In this regard, the Commission takes note of the detailed information provided by the Government in its supplementary report concerning the various training modules of the CNFDI and its regional offices, the number of teachers who were trained as technical education specialists and of instructors who were certified as vocational training facilitators between 2018 and 2019, as well as those who were being trained in 2020. The Government further indicates that, as of 2019, such training is also accessible, under certain conditions, to the general public. The Committee once again requests the Government to provide detailed information on the measures taken to coordinate national policy on paid educational leave with general policies on employment, education and vocational training, as required by Article 4 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, results of inspections, extracts from reports, studies and surveys, and also statistics disaggregated by sex on the number of workers who have benefited from the various arrangements for paid educational leave (for the purposes of vocational training, general, social and civic education, and trade union education) during the period covered by the report.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2, 3 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. In its previous comments, the Committee requested the Government to provide updated information on the measures taken to promote the granting of paid educational leave. The Committee notes that the Government once again provides information on the functions of the National Technological Institute (INATEC) and the various forms of training and education that it provides. The Government reports that the number of participants in INATEC training courses increased from 339,000 in 2013 to 448,519 in 2017. Nevertheless, the Committee notes that the Government has not provided information on the measures taken to promote the granting of paid educational leave within the meaning of Articles 2 and 3 of the Convention. The Government also has not indicated the number of persons who have participated in training and skills development activities during the working day. In that regard, the Committee recalls “the essential requirement that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave …” (see the 1991 General Survey, paragraph 349). The Committee requests the Government to provide information on the formulation and application, in cooperation with the social partners, of policies and measures to promote the granting of paid educational leave for the purposes of vocational training at any level, general, social and civic education, and trade union education (Articles 2 and 6), and to provide the relevant texts. The Committee also requests the Government to provide updated statistical information, disaggregated by sex, on the workers who have received paid educational leave (Part V of the report form).

Article 4. Coordination of general policies on employment with the policy to promote paid educational leave. In its previous comments, the Committee requested the Government to supply information on the measures adopted to coordinate the national policy for paid educational leave with general policies on employment, education, training and working time. The Government reports that, under the National Plan for Human Development 2012–16 (PNDH), training provided by the INATEC is free. Furthermore, scholarships are granted to students and educational materials are provided for their training and development during practical classes. The Government indicates that paid educational leave equates to education being free of charge at all levels. However, the Committee observes that the Government has not provided information on how the national policy on paid educational leave is coordinated with general policies on employment, education, training and working time. The Committee therefore once again requests the Government to provide detailed information on the measures adopted with a view to coordinating the national policy on paid educational leave with general policies on employment, education and vocational training.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2 and 3 of the Convention. Policy to promote paid educational leave. The Committee notes the Government’s report received in August 2013, which describes the functions of the National Technological Institute (INATEC) and the technical training possibilities that it offers. The Government also indicates that it is continuing to promote policies for supporting micro-, small and medium-sized enterprises with programmes for credit, technical assistance and vocational training. The Committee notes the detailed statistics supplied by the Government relating to enrolment for and completion of training events, by training mode and by sex, for the 2007–12 period and relating to workers participating in INATEC activities. The Committee invites the Government to include information in its next report on the measures taken to promote the granting of paid educational leave, in accordance with Articles 2 and 3 of the Convention. The Committee also invites the Government to continue to supply information on the application of the Convention in practice, as required by Part V of the report form.

Article 4. Coordination of policy promoting paid educational leave with general policies on employment. The Government indicates in its report that the “National plan for human development 2012–16” continues to prioritize economic growth, with an increase in employment, reduction of poverty and inequalities, and with macro-economic stability, sovereignty, security and integration in harmony with the environment, for the benefit of Nicaraguan families. The Committee invites the Government to indicate in its next report the measures taken to coordinate national policy on paid educational leave with general policies concerning employment, education, training and hours of work.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in January 2009 in which it indicates that the Ministry of Labour has issued instructions for the parties signing collective agreements to include in their agreements clauses giving effect to the Convention. However, no statistics are available to show that the private sector has complied with the provisions of the Convention. The Government also indicates that the entire staff of the National Technological Institute (INATEC) has been granted paid educational leave. The Committee reiterates its interest in examining information on the steps taken to encourage the granting of paid educational leave (in particular for workers in the private sector), in accordance with Articles 2 and 3 of the Convention. The Committee also asks the Government to include information in its next report on the application of the Convention in practice, as requested in Part V of the report form.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its direct request of 2000, the Committee notes the detailed information transmitted by the Government in its report indicating that 411,777 workers were granted paid educational leave in 2002 by enterprises granting scholarships. The Committee also thanks the Government for the final evaluation report of the National Technological Institute (INATEC), published in February of 2003. The Committee trusts that in future reports the Government will continue to include information on the measures taken to encourage the granting of paid educational leave (including for workers in enterprises which have not signed agreements with INATEC), in accordance with Articles 2 and 3 of the Convention. Please also continue to provide information referred to in Part V of the report form on the manner in which the Convention is applied in practice, including extracts from relevant studies, surveys or reports, as well as any statistics available on the number of workers who have benefited from paid educational leave for the purposes stipulated in the Convention, and the amounts granted.

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

With reference to its direct request of 2000, the Committee notes the detailed information transmitted by the Government in its report indicating that 411,777 workers were granted paid educational leave in 2002 by enterprises granting scholarships. The Committee also thanks the Government for the final evaluation report of the National Technological Institute (INATEC), published in February of 2003. The Committee trusts that in future reports the Government will continue to include information on the measures taken to encourage the granting of paid educational leave (including for workers in enterprises which have not signed agreements with INATEC), in accordance with Articles 2 and 3 of the Convention. Please also continue to provide information referred to in Part V of the report form on the manner in which the Convention is applied in practice, including extracts from relevant studies, surveys or reports, as well as any statistics available on the number of workers who have benefited from paid educational leave for the purposes stipulated in the Convention, and the amounts granted.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Having noted the information on the vocational training activities organized by the National Institute of Technology (INATEC), the Committee asks the Government to provide information in its next report on any new measures taken to promote the granting of paid educational leave for all the purposes listed in Articles 2 and 3 of the Convention. The Committee asks the Government to continue to provide, in accordance with Part V of the report form, information on the manner in which the Convention is applied in practice, including extracts of reports, studies and enquiries, and statistics on the number of workers granted paid educational leave for each of the purposes prescribed and the amount of the allowances paid to them.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee refers to its previous comments and notes the Government's report. It requests the Government to continue to provide information in respect of any new measures which may have been adopted with a view to promoting the granting of paid educational leave for all the educational purposes set out in Articles 2 and 3 of the Convention. Please also provide detailed information in respect of the number of workers granted paid educational leave for each of the educational purposes and the level of financial entitlements granted (point V of the report form).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the information it contains in reply to its previous request. It notes that the explanations relate to participation, with maintenance of wages, in vocational training organized by the National Institute of Technology (INATEC).

The Committee recalls that under Article 2 of the Convention the policy of promoting the granting of paid educational leave must also apply to general, social and civic education or trade union education, by methods appropriate to national conditions and practice and by stages as necessary. It requests the Government to indicate in its next report whether new measures have been taken or are contemplated in this regard.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the documents supplied by the Government in answer to its previous direct request. It notes that the clauses of the appended collective agreement provide, at enterprise level, for the organization of training courses or the grant of scholarships or leave for training. It also notes the provisions of section 38 of the Public Service and Administrative Careers Act concerning the objectives of continuous training for administration personnel.

Referring to the comments it has made for many years, the Committee trusts that the Government will shortly send a full report containing a reply to each of the questions in the report form approved by the Governing Body, and detailed information demonstrating the declaration and pursuit of a policy to promote the granting of paid educational leave in accordance with the provisions of the Convention. In this connection, the Government might find it useful to refer to the Committee's comments on paid educational leave in its 1991 General Survey on the Development of Human Resources, which may facilitate understanding of the requirements of the Convention, if necessary.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

In earlier comments, the Committee noted that only general information had been provided as to the Government's policy to promote the granting of paid educational leave in accordance with Article 2 of the Convention. It once more requests the Government to supply a detailed report in the form approved by the Governing Body, so that the Committee may gain an appreciation of how the Convention is applied. Please deal in particular with the following:

Article 10 of the Convention. The Committee notes the information provided in reply to the previous direct request. Please supply further sample copies of the provisions of collective agreements relating to paid educational leave in the private sector.

Further to previous comments asking about the granting of paid educational leave in the public sector, please send a copy of section 38 of Chapter 111 of the Civil Service and Administrative Career Act and details (including a draft, if available) of the regulations envisaged to implement this section.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

With reference to its previous direct request, the Committee notes the list of collective agreements containing provisions respecting paid educational leave. It would be grateful if the Government would supply with its next report detailed information on the conditions to be fulfilled by workers in order to obtain such leave (Article 10 of the Convention).

Furthermore, the Committee requests the Government to indicate the measures taken or contemplated to regulate the granting of paid educational leave in the public sector.