Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report as well as the subsequent reports on the application of the Convention. It requests further information on the following points.

Article 4, paragraph 1 of the Convention. The right to annual paid holiday when the length of service is insufficient for full entitlement. Sections 115(2) and (3) of the Labour Code, 2003, allow annual paid holidays to be given in advance for specific cases. The Committee requests the Government to provide further information on the cases envisaged under section 115(2)(c) which allows for leave in advance to workers in conformity with the legislation in force.

The Committee further requests the Government to clarify how it ensured that, for workers whose length of service is less than the period required for full entitlement, a holiday with pay is provided, proportionate to the length of service actually carried out during that year, as required by this provision of the Convention.

Article 7, paragraph 1. Holiday remuneration. Section 117(2) of the Labour Code states that the Government determines the manner of calculating the holiday grant. The Committee requests the Government to indicate the manner in which the holiday remuneration is calculated.

Article 7, paragraph 2. Payment in practice. The Government reported that, in practice, remuneration in advance of the holiday is often not provided. The Committee requests the Government to indicate what measures have been envisaged or taken to redress this issue.

Article 9. Postponement of annual paid holiday. Section 118(2) allows annual paid holidays to be adjourned or prolonged in "other cases allowed under the law". The Committee requests the Government to clarify what circumstances are covered in such cases and for how long the granting of annual paid holidays can be postponed.

Part V of the report form. Information on the application of the Convention. The Committee notes the information provided in cases of violation (leave not granted within two consecutive years and remuneration for annual paid holiday not provided). It requests further information on the violations reported by the inspectorate, including extracts from the reports of the inspection services and the number and nature of contraventions reported.