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

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

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 Moreover, the Committee also recalls that Conventions Nos 52 and 101 are presently considered to be outdated and that States parties to these two instruments are invited to envisage the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No.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.