Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Labour Relations Act of 2002, which entered into force on 1 January 2003. It asks the Government to provide clarifications on the following points.

Article 3 of the Convention. The Labour Relations Act of 2002 provides paid annual holiday of a minimum duration of four weeks (sections 137, paragraph 2, and 159, paragraph 1). According to the Government’s indication, the duration of annual leave shall be set, in accordance with paragraph 2 of section 31 of the Basic Rights Stemming from the Labour Relations Act (Uradni list SFRJ, 60/80, 42/90, cited ZTPDR), by the competent authority or employer on the basis of the criteria laid down in general acts or collective agreements. The Government is asked to provide more information on the setting of the duration of the holiday and to provide a copy of the Basic Rights Stemming from the Labour Relations Act (ZTPDR).

Article 10 of the Convention regulates the timing of holidays. The time at which the holiday is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation with the employed person concerned or his representative.

Section 165 of the Labour Relations Act of 2002 provides that the annual leave shall be used with regard being paid to the requirements of the working process and the possibilities of rest and recreation of a worker as well as to the worker’s family obligations. This section does not, however, refer to the method by which the time of the holiday is determined. The Government is therefore asked to indicate in its next report the method determining the timing of the holiday, in particular with regard to workers’ participation.

Part V of the report form. The Committee notes the detailed information on the general appreciation of the application of the Convention and the problems encountered. It would appreciate receiving further information of this kind in the Government’s future reports.