Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Central African Republic (Ratification: 1964)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.14, C.52 and C.101

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry), 52 (holidays with pay) and 101 (holidays with pay in agriculture) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions – Compensatory rest. In reply to the Committee’s previous comment, the Government indicates in its report that weekly rest is generally observed on Sundays but that because of the particular nature of certain activities, workers may sometimes take this rest on another day. The Government adds that Order No. 838/ITT of 22 November 1953 governing weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of establishments automatically subject to weekly rest are being revised and are currently being reviewed by the Standing National Labour Council (CNPT). The Committee requests the Government to continue to provide information on the process of revision of Order No. 838/ITT and Decree No. 63-311 and to provide a copy of the new legislation, once adopted.

Holidays with pay

Article 8 of Convention No. 52 and Article 10 of Convention No 101. System of supervision and sanctions. In reply to the Committee’s previous comment, the Government indicates that sections 389 (fines for failure to comply with the applicable provisions on paid leave) and 392 (custodial sentences) of the Labour Code will be strengthened in the new version of the Labour Code, which is being revised. The Committee requests the Government to continue to provide information on the process of revision of the Labour Code, in particular with regard to preventive and punitive measures to ensure the full application of both Conventions, and to provide a copy of the new Labour Code, once adopted.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 10 of the Convention. System of inspection and control. The Committee requests that the Government refer to the comments made under Article 8 of the Holidays with Pay Convention, 1936 (No. 52).

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

Article 10 of the Convention. System of inspection and control. The Committee requests that the Government refer to the comments made under Article 8 of the Holidays with Pay Convention, 1936 (No. 52).

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

Article 2 of the Convention. Legislation and collective agreements. The Committee notes the Government’s statement to the effect that the granting of holidays with pay in agriculture is governed by the provisions of the Labour Code, collective agreements and enterprise agreements. It also notes that certain collective agreements and certain enterprise agreements grant holiday of two working days per month, i.e. 24 working days per year. The Committee would be grateful if the Government would supply copies of collective agreements providing for the granting of 24 working days’ paid leave per year. Furthermore, the Committee notes that the Government, in its report on the application of the Convention No. 52, mentions a new Labour Code which has reportedly taken into account the Committee’s observations and fixed the minimum length of annual paid holiday at two working days per month. The Committee requests the Government to supply further details on the law in force and copies of any relevant text which has not been previously sent to the Office.

Article 10 and Part V of the report form. The Committee requests the Government to refer to its comments on the Labour Inspection Convention, 1947 (No. 81). It also requests the Government to supply general information on the way in which the Convention is applied in practice, including, for example, statistical information on the number of workers covered by the legislation in force and also on the number and nature of infringements reported, with respect to the workers’ right to annual paid holidays.

The Committee also 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 Convention No. 101 was outdated and invited the States parties to the Convention 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). The acceptance of the obligations of Convention No. 132, for persons employed in agriculture, by a State party to Convention No. 101 entails ipso jure the immediate denunciation of the latter. This approach appears all the more appropriate as the legislation of the Central African Republic, which provides for annual paid holiday of 18 working days for each 12-month period of actual service, is much more favourable than the requirements of Convention No. 101 and reflects the requirements of Convention No. 132, which fixes the minimum length of annual paid holiday at three weeks for one year of service. The Committee requests the Government to keep the Office informed of any decision taken with regard to the possible ratification of Convention No. 132.