Holidays with Pay Convention, 1936 (No. 52) - Senegal (Ratification: 1962)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government concerning the right to an annual holiday with pay in the public service (Article 1, paragraph 3, of the Convention), as well as the increase in the duration of the annual holiday in consideration of seniority (Article 2, paragraph 5). It also notes the comments made by the National Confederation of Workers of Senegal (CNTS), received on 1 September 2008 and forwarded to the Government on 18 September 2008, to the effect that the Government should ensure the application of the Convention in private enterprises and establishments where there are frequent abuses. The Committee requests the Government to provide any comments it wishes to make in this regard.

Article 7. Records. The Committee notes the Government’s indication that the employer’s record, provided for by section 221 of the Labour Code, is prepared based on the model prescribed by General Order No. 6554 IGTLS/AOF of 3 September 1953. The Committee requests the Government to provide a copy of the record currently used as well as a copy of the abovementioned Order.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services indicating the number and nature of contraventions reported and the sanctions imposed, information concerning the number of workers covered by the legislation, etc.

The Committee takes this opportunity to recall that, at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Conventions Nos 52 and 101 are outdated and invited the States parties to these Conventions to consider ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not regarded as being fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of employed persons in all economic sectors, including agriculture, ipso jure involves the immediate denunciation of Conventions Nos 52 and 101 (Article 16(a) and (b)). This step appears to be all the more appropriate as the legislation of Senegal – which provides for two working days’ holiday per month of service, which is increased according to the seniority of the worker – is clearly more favourable than the requirements of Conventions Nos 52 and 101 and reflects the requirements of Convention No. 132, which provides that the annual paid holiday must not be less than three working weeks for one year of service. The Committee requests the Government to keep the Office informed of any decision that it might take with regard to the possible ratification of Convention No. 132, and the legislative changes which would be necessary as a result in order to bring the national legislation into conformity with the provisions of that Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1, paragraph 3(b), of the Convention. Leave for officials in public administration. In accordance with this provision, the competent authority in each country may exempt from the application of this Convention persons employed in public services whose conditions of service entitle them to an annual holiday with pay at least equal in duration to that prescribed by this Convention. Section L.2(3) of the Labour Code exempts from its scope of application established officials in the public administration. The Committee requests the Government to indicate what arrangements have been made for persons employed in public services in order to ensure that they are entitled to an annual holiday with pay at least equal in duration to that prescribed in the Convention.

Article 2, paragraph 5. Seniority. Section L.148(2) of the Code states that the duration of annual holidays with pay shall be increased in consideration of the seniority of the worker in the enterprise, in accordance with the regulations in force or the provisions of collective agreements. The Committee requests the Government to provide the regulations in force and samples of collective agreements.

Article 7. Records. Section L.221 requires employers to keep a register, which includes holidays. The register will be modelled on a form authorized by a ministerial order. The Committee requests the Government to provide specimen copies of the form for the "employer’s register" approved by ministerial order.

Part IV of the report form. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Part V. Please give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from the reports of the inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.