Holidays with Pay Convention (Revised), 1970 (No. 132) - Burkina Faso (Ratification: 1974)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4(1) of the Convention. Proportional leave. With reference to its previous comment, the Committee notes the Government’s indication that workers whose period of service is shorter than the reference period of one year, set out in the national legislation, benefit from a minimum period of paid holidays calculated pro rata to their effective period of employment at the rate of two-and-a-half days per month of effective service. The Committee observes, however, that Order No. 2009-014/MTSS/SG/DGT/DER of 18 December 2009 mentioned by the Government only provides that the right to proportional leave is granted after five years of service that may be extended through collective agreement (section 5). The Committee therefore requests the Government to indicate the provision of the legislation which gives effect to this Article of the Convention.

Article 5(1) and (2). Minimum period of service. With reference to its previous comment, the Committee notes the Government’s indication that section 165 of the Labour Code is still in force and that up to now there have been no legislative amendments to align the national legislation with the requirements of the Convention. However, the Government emphasizes that consultations between the social partners are being held with a view to the adoption of measures to bring the national legislation into conformity with the provisions of the Convention. While noting the explanations provided by the Government, the Committee hopes that these consultations will be completed in the very near future with a view to the adoption of the necessary measures to bring the national legislation into conformity with the provisions of the Convention. The Committee requests the Government to provide a copy of the amended text once it has been adopted.

Article 6(2). Exclusion of periods of incapacity of work from the period of annual holidays with pay. The Committee notes the Government’s reply that, for the calculation of the period of holidays acquired, absences due to employment injury or occupational diseases are not deducted from the period of service. The Committee wishes to draw the Government’s attention to the fact that its reply falls within the situation covered by Article 5(4) of the Convention, and not that envisaged by Article 6(2), which provides that periods of annual holiday with pay that cannot be taken due to sickness or injury shall be postponed, but may not be lost. The Committee therefore requests the Government to take the appropriate measures to ensure that such periods of incapacity for work cannot be deducted from the period of annual holidays with pay, thereby giving full effect to the provisions of this Article of the Convention.

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

The Committee notes the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code, which entered into force on 19 June 2008. Noting that the Government has not replied in practice to any of the points raised previously, the Committee is bound to raise the following matters once again.

Article 4, paragraph 1, of the Convention. Proportionate holidays. The Committee notes the Government’s indication that, in accordance with sections 48 and 50 of the new Labour Code, seasonal and part-time labour contracts are concluded, implemented and terminated under the same conditions as fixed-term labour contracts or those without limit of time. The Committee requests the Government to indicate in its next report whether such workers, whose period of service is shorter than the period required for entitlement to the whole period of annual holiday with pay, benefit from holiday that is proportionate to their actual period of service and to indicate the provisions of the laws or regulations which guarantee the right to proportionate holiday.

Article 5, paragraphs 1 and 2. Minimum period of service.  The Committee notes that, under the terms of section 165 of the new Labour Code, entitlement to annual holiday with pay is acquired after a minimum period of actual service of 12 months. Furthermore, the same section authorizes collective agreements to establish a period of service of up to three years. While noting the Government’s statement that, in practice, a worker who has not completed one year of service when commencing the holiday may benefit from paid holiday in proportion to the period of service actually completed, subject to having worked for at least one month in the enterprise, the Committee wishes to recall that, in accordance with Article 5, paragraph 2, of the Convention, the minimum period of service which may be required for entitlement to annual holiday with pay must not exceed six months. Recalling that the Government indicated in its previous report that the new Labour Code would include a provision conforming to the requirements of the Convention, the Committee requests the Government to envisage the adoption of the necessary measures to amend section 165 of the new Labour Code so as to reduce the minimum period of service from one year to six months, in accordance with the provisions of the Convention.

Article 6, paragraph 1. Exclusion of public and customary holidays from the period of annual holiday with pay. The Committee notes that section 163 of the new Labour Code is drawn up in the same terms as former section 156 of the Code and provides that special holidays other than those defined in
sections 160–162 of the new Labour Code, granted over and above public holidays, may be counted as part of the paid holiday if they have not been covered by compensation, or recuperated. The Committee is therefore bound to request the Government once again to indicate whether section 163 of the new Labour Code is to be interpreted in the sense that public or customary holidays, even where they occur during the period of the annual holiday, may not be deducted from the minimum period of annual holiday with pay, as required by this Article of the Convention.

Article 6, paragraph 2. Exclusion of periods of incapacity for work from the period of annual holiday with pay. The Committee notes that no provision in the new Labour Code establishes, in accordance with Article 6, paragraph 2, of the Convention, that periods of incapacity for work resulting from sickness or injury may not be counted as part of the annual holiday with pay. The Committee requests the Government to take the necessary measures to ensure that such periods of incapacity for work cannot be deducted from the period of annual holiday with pay, thereby giving full effect to the provisions of this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide information in its next report on the application of the Convention in practice including, for instance, extracts from reports of the inspection services indicating the number and nature of the violations reported and the penalties imposed in this respect, statistical data on the number of persons covered by the legislation, copies of new collective agreements containing clauses respecting annual holidays with pay, etc.

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

The Committee notes the Government’s reply to its previous direct request. It asks the Government to provide additional information with regard to the following matters to which it already referred in its previous comments.

Article 4 of the Convention. The Committee notes that section 92 of the Labour Code provides for proportionate remuneration in case of suspension of the employment contract and that no other provisions or measures appear to ensure compliance with the Convention by establishing the right to proportionate holidays for workers, who cannot be employed all the working days of the qualifying year. It therefore requests the Government to indicate whether the Labour Code currently under review will contain in the future a provision granting persons who complete a period of work of less than a year, the right to holidays proportionate to their effective length of service.

Article 5, paragraphs 1 and 2. The Committee notes the Government’s statement that a minimum period of qualifying service for entitlement to annual paid leave consistent with the requirements of the Convention will be inserted in the new Labour Code. It hopes that the draft legislation will soon be enacted to give full effect to this provision of the Convention.

Article 6, paragraph 1. The Government’s report does not reply to the Committee’s previous comments. It therefore reiterates its request to clarify whether section 91 of the Labour Code is interpreted to mean that public and customary holidays, even if they fall during the annual holiday, shall not be counted as part of the minimum annual holiday with pay. The Committee requests the Government to consider introducing the necessary clarifications into the legislation.

Article 9, paragraph 1. The Committee notes from the report that, according to section 55 of the Collective Agreement of 9 July 1974, annual holiday with pay may be postponed up to one year from the end of the year in respect of which the holiday entitlement has arisen, and that this equally applies to the uninterrupted part of the leave. It asks the Government to clarify whether in case of the division of annual holiday, in accordance with section 5 of Ordinance No. 94-0011/SG/DT, at least 15 continuous days shall be granted and taken within one year from the end of the year in respect of which the holiday entitlement has arisen. Clarification in the legal text appears desirable in this case too. Please supply a copy of the Collective Agreement.

Article 14 and Part V of the report form. The Committee notes the Government’s indication that the annual reports of the inspection services, as prescribed by Articles 20 and 21 of Convention No. 81, are being prepared. No such reports have been supplied so far, the last annual statistics sent to the ILO dating back to 1993. The Committee urges the Government to take the necessary steps to ensure that the inspection authority fulfils its obligation to produce an annual report and to provide information in the near future on the progress made.

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

The Committee notes with interest the adoption of the Labour Code (Act No. 11/92/ADP), promulgated on 22 December 1992, and Order No. 94-00011/ETSS/SG/DT of 3 June 1994, as well as the information provided in the Government's latest report. The Committee requests the Government to provide additional information, in its next report, on the following points.

Article 4 of the Convention. The Committee requests the Government to indicate whether there is a provision granting persons who complete a period of service less than a year, the right to holidays proportionate to his effective length of service.

Article 5, paragraphs 1 and 2. Under section 90 of the Labour Code, a worker acquires the right to paid holidays of two and a half working days per month of service. However, section 92 of the Code states that the right to holidays is acquired after a period of actual service equal to one year and collective agreements and individual contracts may provide for a period of service of up to 30 months. In this connection, the Committee points out that under Article 5, paragraph 2, of the Convention, the minimum period of service for entitlement to an annual holiday with pay must in no case exceed six months. It therefore requests the Government to clarify what is the minimum length of service considered as the qualifying period for entitlement to any holiday with pay.

Article 6, paragraph 1. Section 91 of the Labour Code provides that special leave granted in addition to public holidays, may be subtracted from the annual holiday period if they are not subject to compensation or recovery. The Committee requests the Government to clarify whether this section is interpreted to mean that public and customary holidays, even if they fall during the annual holiday, shall not be counted as part of the minimum annual holiday with pay.

Article 9, paragraph 1. Under section 92 of the Labour Code, collective agreements and individual contracts may require a period of up to two and a half years (30 months) as the length of service giving entitlement to holidays with pay. This section is not in conformity with this Article of the Convention according to which a part of the holiday (a minimum of two weeks) shall be granted and taken no later than one year from the end of the year in which the holiday entitlement has arisen. The Committee therefore requests the Government to take the necessary measures to bring the legislation into conformity with the Convention on this point.

Article 9, paragraphs 2 and 3. The Committee would be grateful if the Government would provide information on how these provisions of the Convention are applied in practice.

Articles 12 and 14. The Committee notes the Government's indication that due to the efforts made by the services of the labour administration and the occupational health office, the practice of granting compensation in place of annual leave has been phased out. The Committee also notes that section 237 of the Labour Code sets out sanctions for any violation of the holiday provisions of the Code. The Committee would be grateful if the Government would provide further information on any violations of holiday provisions reported and, if appropriate, the sanctions imposed (see point V of the report form).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In the comments that it has been making for a number of years, the Committee has noted certain divergences between the national legislation and Article 9, paragraph 1, of the Convention. In particular, it noted that section 130 of the Labour Code and section 5 of Order No. 931 FPT/DGTLS of 1 October 1976 provide that, with the agreement of the worker, holiday may be postponed, and section 55(4) of the inter-occupational agreement of 9 July 1974, which authorizes entitlement to annual holiday to be accumulated over two years. The Committee pointed out that, under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken each year. The Government states in its last report that the relevant texts will be revised to bring them into conformity with the Convention as soon as the new draft Labour Code, which is currently before the Assembly of People's Deputies, is adopted. The Committee hopes that the texts in question will be amended in the near future in order to bring them into conformity with Article 9 of the Convention. The Government is requested to indicate in its next report the progress made in this respect and to supply copies of the relevant texts when they are adopted.

Articles 12 and 14. The Committee notes the information in the Government's report to the effect that difficulties have arisen concerning the application in practice of the right to annual holiday, since certain workers are calling for compensation in place of annual leave. The Government states that efforts have been made by the services of the labour administration and the occupational health office to ensure the application of the texts adopted to give effect to the provisions of the Convention. The Committee recalls that, in accordance with section 130 of the Labour Code, any agreement which provides for a compensatory payment in place of leave is null and void. Section 233 of the Labour Code also sets out sanctions for any violation of section 130. The Government is asked to supply information in its next report on the number of violations reported in this respect and, if appropriate, the sanctions imposed (see point V of the report form).

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

Article 9, paragraph 1, of the Convention. The Committee has previously noted that national legislation (section 130 of the Labour Code and section 5 of Order No. 931 FPT/DGTLS of 1 October 1976) lays down that collective agreements may, with the agreement of the worker, provide for the postponement of the holiday. Furthermore, under clause 55, paragraph 4, of the interoccupational agreement of 9 July 1974, entitlement to the annual holiday can be allowed to accumulate over two years. The Committee has pointed out that, under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken each year. It has asked that measures be taken to bring national provisions into conformity with the Convention. Unfortunately, the Committee notes from the Government's most recent report, that the situation remains the same. The Committee would be glad if the Government would now indicate the measures taken or proposed to guarantee all workers the necessary protection, and provide full information in its next report.

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

The Committee is raising certain questions relating to Article 9, paragraph 1, of the Convention in a direct request.

The Government is asked to report in detail for the period ending 30 June 1992.

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

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:

The Committee takes note of Circular No. 83-003/CNR/PRES of 31 October 1983, under which the employees of the public service must take their annual (administrative) holidays every year. It hopes that measures will also be adopted to ensure that the possibility of postponing the taking of their holidays by workers provided for by section 130 of the Labour Code, section 5 of Order No. 931/FPT/DGTLS of 1 October 1976 and clause 55 of the Inter-Occupational Collective Agreement applies only in the conditions laid down by Article 9 of the Convention.

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

With reference to its previous direct request, the Committee takes note with interest of Circular No. 83-003/CNR/PRES of 31 October 1983, under which the employees of the public service must take their annual (administrative) holidays every year. It hopes that measures will also be adopted to ensure that the possibility of postponing the taking of their holidays by workers provided for by section 130 of the Labour Code, section 5 of Order No. 931/FPT/DGTLS of 1 October 1976 and clause 55 of the Inter-Occupational Collective Agreement applies only in the conditions and within the limits laid down by Article 9 of the Convention.