Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Chad

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1960)
Holidays with Pay Convention (Revised), 1970 (No. 132) (Ratification: 2000)

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, industry) and 132 (annual holiday with pay) together.

Weekly rest

Article 5 of Convention No. 14.Compensatory rest. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the arrangements applicable to workers in the oil industry. However, the Committee notes with regret that the Government has still not provided information on the measures taken to ensure, as far as possible, compensatory rest in the cases of the suspension of weekly rest authorized by sections 9 and 10 of Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969 establishing arrangements for weekly rest. The Committee therefore requests the Government to take measures to ensure that, as far as possible, provisions are adopted requiring periods of rest in compensation for the suspensions authorized by sections 9 and 10 of Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969. The Committee requests the Government to provide information on the measures adopted to this effect.

Annual holidays with pay

Article 4(1) of Convention No. 132. Proportionate holiday for public employees. Further to its previous comment, the Committee notes the Government’s indication in its report that it will keep the Committee informed of any developments in relation to the revision of Act No. 017/PR/2001 of 31 December 2001 issuing the general regulations of the public service with a view to taking into account the question of proportionate holiday for public employees. The Committee recalls that, in accordance with Article 4(1), a person whose length of service in any year is less than that required for entitlement to full leave shall be entitled in respect of that year, in law and practice, to a holiday with pay proportionate to the length of service. The Committee requests the Government to take the necessary measures, including through the revision of Act No. 017/PR/2001 of 31 December 2001, to give full effect to Article 4(1) in law and practice.

Article 5(2).Minimum period of service. Further to its long-standing comments on this subject, the Committee observes that section 217 of the Labour Code and clause 56 of the General Collective Agreement still provide that the right to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. The Committee recalls that, in accordance with Article 5(2) of the Convention, it is for the competent authority or the appropriate machinery to determine the length of any such period of minimum service, which shall not in any event exceed six months. The Government has not provided any further information on this subject. The Committee therefore once again requests the Government to take the necessary measures to ensure that the minimum periods of service required for entitlement to annual holidays with pay are in conformity with the Convention.

Article 6(2). Periods of incapacity for work. Further to its previous comments on this subject, the Committee notes that, in accordance with sections 117 and 118 of the Labour Code, periods of absence resulting from occupational diseases and employment injury are considered as a suspension of the contract. Nevertheless, noting the absence of provisions in the national legislation providing that periods of incapacity for work resulting from occupational sickness or injury shall not be counted as part of the minimum annual holiday with pay, the Committee requests the Government to take the necessary measures to ensure that, under conditions to be determined by the competent authority or through the appropriate machinery, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay.

Article 7(1). Holiday pay. The Committee notes that the Government has not replied to its previous comments on section 220 of the Labour Code, which provides for benefits in kind to be excluded from the calculation of holiday pay, with the exception of food provided by custom or in accordance with regulations or agreements. The Committee therefore requests the Government to take the necessary measures to give effect to Article 7(1) of the Convention, which provides that every person taking the holiday envisaged in the Convention shall receive in respect of the full period of the holiday at least their normal or average remuneration, including the cash equivalent of any part of the remuneration which is paid in kind, unless it is a permanent benefit continuing whether or not the person concerned is on holiday with pay.

Article 10. Time at which the holiday is to be taken. Further to its previous comments, the Committee notes the Government’s indication that public employees may choose the dates of holidays which suit them when the holiday schedule is established or by making a request to their hierarchical superior. The Committee notes this information, which replies to its previous request.