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

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

Article 2(1) and (4) of the Convention. Postponement of annual holiday with pay. Further to its previous comments, the Committee notes that section 185 of the Labour Code entitles workers to two working days of paid holiday per month of effective service, which is considerably higher than the minimum required by the Convention. The Commission notes, however, that, as currently worded, the Labour Code does not guarantee that the period of leave, or at least part of that leave, must be taken in the course of the year. The Committee recalls that Article 2(4) of the Convention stipulates that only that part of the leave that exceeds the minimum duration of six working days provided for by the Convention may be postponed. It is therefore important to ensure that workers are in practice granted, each year, at least part of the annual leave to which they are entitled. While noting that, according to section 188 of the Labour 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 case of force majeure or where the employer is at fault, the Committee once again requests the Government to indicate the legislative measures that have been taken or are being contemplated to ensure that workers have a holiday of at least six working days in the year. Moreover, the Committee also recalls that Conventions Nos 52 and 101 are presently considered to be outdated and that States parties to these two instruments are invited to envisage the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132). The Committee further recalls that, in the report it presented in 1986, the Government already indicated that it was considering the possibility of ratifying Convention No. 132, inasmuch as the national legislation provided for more favourable conditions for workers. The Committee therefore requests the Government to keep the Office informed of any developments in this respect.

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

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.

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

The Committee notes from the Government’s detailed report that Act 12/2000 of 12 October 2000, amending Act 3/1994 of 21 November 1994, left the provisions of the Labour Code concerning holidays with pay unchanged. The Committee asks the Government to provide information on the following points.

Article 2, paragraph 1, and Article 4 of the Convention. The Convention requires that every person to whom it applies is entitled to annual holiday with pay of at least six working days, and that only that part of such holiday which exceeds this minimum may be deferred. Since section 188(5) of the Labour Code on the modalities of postponement of annual leave remained unchanged by the amending Act 12/2000, the Committee notes again that the Labour Code does not require the taking of a minimum of six days’ leave per year, but that the application for holiday must be made within two years from the date at which the maximum duration of service gives entitlement to the holiday, except in the event of force majeure or fault by the employer. The Committee trusts that the next report will include full details on any measures taken or envisaged to ensure that workers enjoy an annual holiday with pay of at least six working days.

Part V of the report form. The Committee notes that often contraventions to the provisions on paid leave, concerning the granting of additional leave in accordance with the length of service or for reasons of family duties, have occurred. Please supply, wherever possible, extracts from the reports of the inspection services and, where available, statistical data on the number of workers covered by the relevant legislation and the number and nature of contraventions reported.

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

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 reads as follows:

The Committee notes that under section 188 of Act No. 3/94 of 21 November 1994 constituting the Labour Code, the application for holiday must be made within two years from the date at which the maximum duration of service gives entitlement to the holiday except in the event of force majeure or fault by the employer. The Committee recalls that in accordance with the Convention every person to whom the Convention applies shall be entitled to an annual holiday of at least six working days (Article 2(1) and Article 4 of the Convention) and only the part of the holiday exceeding this minimum duration may be postponed (Article 2(4)).

The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers enjoy an annual holiday with pay of at least six working days.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that under section 188 of Act No. 3/94 of 21 November 1994 constituting the Labour Code, the application for holiday must be made within two years from the date at which the maximum duration of service gives entitlement to the holiday except in the event of force majeure or fault by the employer. The Committee recalls that in accordance with the Convention every person to whom the Convention applies shall be entitled to an annual holiday of at least six working days (Article 2(1) and Article 4 of the Convention) and only the part of the holiday exceeding this minimum duration may be postponed (Article 2(4)).

The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers enjoy an annual holiday with pay of at least six working days.