Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5(c) of the Convention. Minimum period of service – proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.

Parts III and V of the report form. Application in practice. The Committee notes that in its report, the Government states that the information on the number of workers concerned by the regulations in force and the number and nature of infringements will be sent later. The Committee requests the Government to provide this information as soon as it is available.

The Committee takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body concluded that Convention No. 101 is outdated and invited States parties to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in some respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 for persons employed in agriculture by a State party to Convention No. 101 automatically entails the denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this regard.