Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 140) sur le congé-éducation payé, 1974 - Aruba

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.