Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Repetition

Article 2(3) of the Convention. Exclusion of public holidays and absence from work due to sickness from the annual holiday with pay. The Committee notes the Government’s indications that the Labour Code could be amended when its provisions are reviewed so as to ensure that public holidays are no longer counted in the duration of annual holidays with pay. It requests the Government to provide information on any development in this respect. With regard to absence from work due to sickness, the Committee notes that, under the terms of section 149 of the Labour Code, periods of unavailability due to employment accident or occupational disease or, up to a maximum of six months, absences for medically certified illness are considered as periods of work for the determination of holiday entitlement. However, it draws the Government’s attention to the fact that this provision relates to the inclusion of such absences in the period of service giving entitlement to annual holidays, and not their exclusion from the annual holiday itself, as required by Article 2(3) of the Convention. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that absences from work due to sickness are not deducted from the annual holiday to which the worker is entitled.

Article 8. Sanctions. The Committee notes the Government’s confirmation in its report that the national legislation does not establish sanctions for violations of sections L.160 and L.162 of the Labour Code. However, it wishes to emphasize the importance of a system of sanctions to ensure compliance with labour legislation, particularly with regard to section L.162 of the Labour Code under which any agreement is null and void which seeks to replace annual holidays with pay by cash compensation, as the violation of this provision would deprive the Convention of any useful purpose. It hopes that the Government will take measures rapidly to amend the Labour Code so as to impose sanctions in cases of violations of the rules established by sections L.160 and L.162 of the Labour Code, for example by including these provisions in the list of violations contained in section L.325 of the Labour Code.