Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

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).