Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Comores

Convention (n° 52) sur les congés payés, 1936 (Ratification: 1978)
Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 (Ratification: 1978)
Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 (Ratification: 1978)

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 52 (holidays with pay), 89 (night work (women)) and 106 (weekly rest (commerce and offices)) in a single comment.

Revision of the Labour Code. The Committee notes the Government’s indication in its report that a revision of the Labour Code, adopted by Act No. 12-12/AU of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code, is planned as part of the implementation of the Decent Work Country Programme (DWCP) (2024–26) and of the work plan of the Ministry responsible for employment and labour. In this regard, the Committee notes that the Government is requesting ILO technical support to accompany this process of legislative revision and institutional strengthening. The Committee hopes that such technical assistance can be provided in the near future and requests the Government to provide information on any progress made regarding the revision of the Labour Code.

Weekly rest

Article 2 of Convention No. 106. Scope of application. Public officials. The Committee notes the Government’s reference to the adoption of Act No. 22-008/AU of 20 June 2022, amending and supplementing Act No. 04-006 of 10 November 2004 issuing the General Public Service Regulations, which applies in particular to persons who, having been appointed to a permanent post, have tenure in a grade of the public administration hierarchy (section 2), and which excludes from its scope the staff of public institutions (section 4). The Committee notes that this law does not contain any provisions relating to weekly rest. The Committee requests the Government to indicate the manner in which the Convention applies to public officials covered by the above-mentioned Act issuing the General Public Service Regulations.

Annual holidays with pay

Articles 2 and 8 of Convention No. 52. Annual holidays with pay. Application in practice. Penalties. Further to its previous comments regarding the difficulties in applying the legislation on paid annual leave in practice, the Committee note the Government’s indication that, although the legislation unequivocally guarantees the right to paid annual leave for both private sector workers and public sector employees, discrepancies may remain between the legal standard and its effective application, particularly with regard to certain contract workers. The Government also indicates that these difficulties may result from a lack of information, insufficient monitoring or weaknesses in control mechanisms, and reaffirms its commitment to strengthening the effectiveness of this right. The Committee requests the Government to provide further information on the manner in which it guarantees the right to paid annual leave in practice for workers covered by the Labour Code and Act No. 22-008/AU of 20 June 2022 issuing the General Public Service Regulations, including information on inspections carried out by the labour inspectorate in relation to paid annual leave, infringements found and penalties imposed.

Night work of women

Article 3 of Convention No. 89. Night work of women. Further to its previous comments, the Committee notes the Government’s indication that neither the Labour Code in force nor the General Public Service Regulations contain provisions specifically prohibiting night work for women. The Government also indicates that the current regulations generally regulate hours of work in general terms, without distinction based on sex, in accordance with the principle of equality. Recalling that pregnant and breastfeeding women may be particularly vulnerable to night work, the Committee requests the Government to provide information on the measures taken or envisaged to protect women who work at night, particularly with regard to maternity. The Committee draws the Government’s attention to the fact that the Convention will be open for denunciation between 27 February 2031 and 27 February 2032, and encourages it to consider its denunciation.