Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Mali

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 (Ratification: 1960)
Convention (n° 52) sur les congés payés, 1936 (Ratification: 1968)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest) and 52 (annual holiday with pay) together.

The Committee takes note of the observations of the National Council of Employers of Mali (CNPM), communicated with the Government’s report.

Article 2 of Convention No. 14. Weekly rest entitlement. Legislation. Further to the previous observations of the Confederation of Workers’ Union of Mali (CSTM) concerning the failure to comply with the rules on weekly rest, the Committee notes the Government’s indication that, in practice, weekly rest is respected in all public and private enterprises and establishments, although days of rest differ according to the manner in which the different entities are organized and operate. The Committee further notes that section 142 of the Labour Code was amended by Law No. 2017-021 of 12 June 2017 amending Law No. 92-020 of 23 September 1992, and that it now provides for weekly rest of at least 24 hours instead of 24 consecutive hours. The Committee requests the Government to specify whether the aforementioned new provision guarantees that workers enjoy a weekly period of rest of at least 24 consecutive hours, in accordance with Article 2 of the Convention.

Article 7. Posting of notices and record-keeping. Further to its previous comments, the Committee notes the Government’s indication in its report that the legislation does not contain any provision requiring the employer to notify employees of the days and hours of collective weekly rest by posting a notice or, when the rest is not given collectively, by drawing up a roster. The Government indicates, however, that in practice, certain enterprises, particularly in the mining industry, establish rest schedules in order to better organize production. The Government adds that it will take into account these aspects not covered by the national legislation in a forthcoming review of the Labour Code. The Committee further notes the observations of the CNPM, in which no reply was provided to the question concerning the posting or keeping of weekly rest records. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention and to continue to provide information in this regard.

Article 2(3)(b) of Convention No. 52. Exclusion of interruptions of attendance at work due to sickness from annual holiday with pay. Further to its previous comments, the Committee notes the Government’s indication that there is no provision in the legislation for the exclusion of interruptions of attendance at work due to sickness from the calculation of annual holiday with pay. The Government indicates that it will initiate discussions on this aspect in a forthcoming review of the Labour Code, in consultation with the representative employers’ and workers’ organizations. The Committee once again requests the Government to take the necessary measures to ensure that absences from work due to sickness are not counted as days of annual holiday with pay to which workers are entitled under the national legislation, in accordance with Article 2(3)(b) of the Convention.