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Repetition Articles 2–5 of the Convention. Granting of paid educational leave. The Government indicates that paid educational leave for public servants stems from the need to increase the general level of education within the public sector. It also indicates that, since most of the educational opportunities are not provided by the Government itself, public servants are afforded the necessary time off to attend study for exams, attend classes and take exams. The Committee invites the Government of Aruba to further describe how it promotes the right to paid educational leave both in the public and private sectors. It also invites the Government to provide further details on how the granting of paid educational leave contributes to the promotion of appropriate continuing education and training in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO. Article 6. Participation of the social partners. The Government indicates that the policies in effect have not been submitted to tripartite discussions. The Committee invites the Government to indicate the measures envisaged to promote the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave. Article 11. Assimilation to a period of effective service. The Committee invites the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation. Application of the Convention in practice. The Government refers in its report to several annexes that were unfortunately not received at the ILO. The Committee would be grateful if the Government would make available the collective agreements, statistics, as well as the other documents mentioned in its report related to the practical application of the Convention (Part V of the report form).
Repetition Articles 2–5 of the Convention. Granting of paid educational leave. The Government indicates that paid educational leave for public servants stems from the need to increase the general level of education within the public sector. It also indicates that, since most of the educational opportunities are not provided by the Government itself, public servants are afforded the necessary time off to attend study for exams, attend classes and take exams. The Committee invites the Government of Aruba to further describe how it promotes the right to paid educational leave both in the public and private sectors. It also invites the Government to provide further details on how the granting of paid educational leave contributes to the promotion of appropriate continuing education and training in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO.Article 6. Participation of the social partners. The Government indicates that the policies in effect have not been submitted to tripartite discussions. The Committee invites the Government to indicate the measures envisaged to promote the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave.Article 11. Assimilation to a period of effective service. The Committee invites the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation.Application of the Convention in practice. The Government refers in its report to several annexes that were unfortunately not received at the ILO. The Committee would be grateful if the Government would make available the collective agreements, statistics, as well as the other documents mentioned in its report related to the practical application of the Convention (Part V of the report form).
1. The Committee notes the information contained in the Government’s report received in December 2008. The Committee notes the Government’s indication that no changes have been made to the relevant national legislation during the reporting period. The Government refers to examples of collective agreements in the context of the possible introduction of a policy for the promotion of paid educational leave. The Committee notes that the provisions of these collective agreements concluded in the private sector provide for employers to encourage, and possibly fund, their employees to follow specialised courses and studies which are necessary to function better within their present role and which will enable them, if possible, to be promoted within the company. The Committee hopes that the Government will include in its next report updated information on the provisions which give effect to the Convention, both in the public and the private sectors (Article 5 of the Convention).
2. The Government further indicates that there are 25 Aruban public servants on paid educational leave in the Netherlands, of whom nine are men and 16 are women. The Committee recalls the Government’s previous indications that public servants on study programmes abroad received their full salary, but that the study period is not considered as a period of service for the purpose of determining entitlements to pension, leave and salary increments. The Committee once again recalls that, under Article 11, the period of paid educational leave shall be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship. It hopes that the authorities will indicate in the next report the measures envisaged to give effect to Article 11.
3. In order to ensure a full assessment of the application of the Convention, the Committee hopes that in its next report the Government would provide information related to the following matters.
Policy for the promotion of paid educational leave. Please indicate how the policy to promote the granting of paid educational leave for the purposes specified in the Convention has been formulated (Articles 2 and 3). Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). Please describe the manner in which employers’ and workers’ organizations are involved in the formulation and application of the policy for the promotion of paid educational leave (Article 6).
Practical application. Please submit any extracts of reports, studies or inquiries relating to the practical application of the Convention, and any available statistics on the number of workers granted paid educational leave (Part V of the report form).
In reply to the comments made since 1994, the authorities of Aruba indicate in the report received in January 2003 that no measures have yet been taken to give effect to the provisions of the Convention. The Committee recalls that, under the terms of Article 5 of the Convention, the granting of paid educational leave has to be implemented by national laws and regulations, collective agreements, arbitration awards and such other means as may be consistent with national practice. It trusts that the next report will describe in detail the measures adopted or envisaged for this purpose.
The Committee notes the statement by the authorities of Aruba to the effect that efforts will be made to formulate and apply a policy for the promotion of paid educational leave with the collaboration of employers’ and workers’ organizations and institutions or bodies providing education and training. It trusts that the next report will contain full information in this respect, and particularly on the application in practice of a policy designed to promote the granting of paid educational leave for the purposes set out in Articles 2, 3 and 6 of the Convention.
The authorities indicate that provisions with regard to paid educational leave for public officials were adopted in 1977 when Aruba was still a part of the Netherlands Antilles, but that they are still applicable today. Various collective agreements have also been concluded on this subject. Public servants on study programmes abroad receive their full salary, but the study period is not considered as a period of service for the purposes of determining entitlements to pensions, leave and salary increments. In this respect, the Committee once again recalls that, under the terms of Article 11, the period of paid educational leave shall be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation. It hopes that the authorities will indicate in the next report the measures envisaged to give effect to this provision of the Convention.
The Committee notes with regret 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 points raised in its 1998 direct request, which read as follows:
The Committee notes that the Government states in its second report on the application of the Convention that no new measures have been adopted to give effect to these provisions. It recalls that, in this regard, under Article 5 of the Convention, the means by which provision is made for the granting of paid educational leave may include national laws and regulations, collective agreements, arbitration awards, or such other means as may be consistent with national practice. The Committee requests the Government to provide information in its next report in respect of the measures taken or envisaged to this effect. The Committee trusts that this report will also contain detailed information on the points raised in its previous direct request which were in respect of the following points: The Committee notes the concise information supplied by the Government in its first report on the application of the Convention. It notes the provisions applying to public servants, under which educational leave is granted for the purpose of passing examinations and officials are granted sufficient income during study assignments abroad. It notes that the period spent on such study assignments may or may not qualify as service for the assessment of pension claims, entitlement to leave and pay increments, depending on the degree to which the interests of the service are affected by the study assignment. The Committee recalls in this connection that under Article 11 of the Convention a period of paid educational leave shall be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation. With regard to the private sector, the Government indicates in its report that paid educational leave in this sector is regulated through collective bargaining and collective agreements. The Committee would be grateful if in its second report the Government would provide detailed information on collective agreements which provide for the granting of paid educational leave. Please supply also relevant extracts of such agreements. More generally, the Committee asks the Government to provide full information in its second report on the effect given to each provision of the Convention under each question in the report form. Please specify, in particular, how the policy to promote the granting of paid educational leave for the purposes laid down in Articles 2 and 3 was formulated in association with employers’ and workers’ organizations and education and training establishments, in accordance with Article 6.
The Committee notes that the Government states in its second report on the application of the Convention that no new measures have been adopted to give effect to these provisions. It recalls that, in this regard, under Article 5 of the Convention, the means by which provision is made for the granting of paid educational leave may include national laws and regulations, collective agreements, arbitration awards, or such other means as may be consistent with national practice. The Committee requests the Government to provide information in its next report in respect of the measures taken or envisaged to this effect. The Committee trusts that this report will also contain detailed information on the points raised in its previous direct request which were in respect of the following points:
The Committee notes the concise information supplied by the Government in its first report on the application of the Convention. It notes the provisions applying to public servants, under which educational leave is granted for the purpose of passing examinations and officials are granted sufficient income during study assignments abroad. It notes that the period spent on such study assignments may or may not qualify as service for the assessment of pension claims, entitlement to leave and pay increments, depending on the degree to which the interests of the service are affected by the study assignment. The Committee recalls in this connection that under Article 11 of the Convention a period of paid educational leave shall be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation.
With regard to the private sector, the Government indicates in its report that paid educational leave in this sector is regulated through collective bargaining and collective agreements. The Committee would be grateful if in its second report the Government would provide detailed information on collective agreements which provide for the granting of paid educational leave. Please supply also relevant extracts of such agreements.
More generally, the Committee asks the Government to provide full information in its second report on the effect given to each provision of the Convention under each question in the report form. Please specify, in particular, how the policy to promote the granting of paid educational leave for the purposes laid down in Articles 2 and 3 was formulated in association with employers’ and workers’ organizations and education and training establishments, in accordance with Article 6.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
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 points raised in its 1998 direct request, which read as follows:
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 the concise information supplied by the Government in its first report on the application of the Convention. It notes the provisions applying to public servants, under which educational leave is granted for the purpose of sitting examinations and officials are granted sufficient income during study assignments abroad. It notes that the period spent on such study assignments may or may not qualify as service for the assessment of pension claims, entitlement to leave and pay increments, depending on the degree to which the interests of the service are affected by the study assignment. The Committee recalls in this connection that under Article 11 of the Convention a period of paid educational leave shall be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation.
More generally, the Committee asks the Government to provide full information in its second report on the effect given to each provision of the Convention under each question in the report form. Please specify, in particular, how the policy to promote the granting of paid educational leave for the purposes laid down in Articles 2 and 3 was formulated in association with employers' and workers' organizations and education and training establishments, in accordance with Article 6.
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 notes the concise information supplied by the Government in its first report on the application of the Convention. It notes the provisions applying to public servants, under which educational leave is granted for the purposes of sitting examinations and officials are granted sufficient income during study assignments abroad. It notes that the period spent on such study assignments may or may not qualify as service for the assessment of pension claims, entitlement to leave and pay increments, depending on the degree to which the interests of the service are affected by the study assignment. The Committee recalls in this connection that under Article 11 of the Convention a period of paid educational leave shall be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation.
More generally, Committee asks the Government to provide full information in its second report on the effect given to each provision of the Convention under each question in the report form. Please specify, in particular, how the policy to promote the granting of paid educational leave for the purposes laid down in Articles 2 and 3 was formulated in association with employers' and workers' organizations and education and training establishments, in accordance with Article 6.