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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the explanations provided by the Government concerning the application of Articles 5(1) and 8(2) of the Convention and wishes to obtain further clarifications on the following points.

Article 6, paragraph 2, of the Convention. Periods of incapacity not to be counted as annual holidays. The Committee notes the Government’s reference to decision BH 1997.87 in which the Supreme Court ruled that, although there are no statutory provisions for the procedure to be followed in the event of receiving sick pay during annual leave, in established judicial practice, the working days during which employees are verified to have been incapable of working are not considered as part of their annual leave. While noting this important judicial pronouncement, the Committee requests the Government to consider taking appropriate measures in order to determine the conditions under which periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay, as prescribed by this Article of the Convention.

Article 7, paragraph 1. Remuneration during annual leave. The Committee has been commenting on section 26 of Government Order No. 24/1994 which provides that the holiday pay for homeworkers should not be less than 30 per cent of the amount of the statutory minimum wage, therefore being inconsistent with Article 7(1) of the Convention which requires the payment of the worker’s normal or average remuneration for the full period of the annual holiday. In its response, the Government states that homeworkers are not considered as employees and therefore, they do not fall within the Convention’s scope of application. In this connection, the Committee is bound to observe that, by virtue of its Article 2(1), the Convention applies to all employed persons with only the exception of seafarers, and consequently homeworkers are fully covered by its provisions, since they are indeed employees who do paid work out of their own homes for an employer. While noting that the Government’s statement seems in contradiction with Government Order No. 24/1994 which recognizes at least four weeks’ paid annual holidays to homeworkers, the Committee requests the Government to provide additional explanations in this regard and also to indicate how it is ensured that these workers receive no less than their normal or average remuneration in respect of the entire period of their annual leave, as required under this Article of the Convention.

Article 9. Postponement of annual holidays. The Committee notes the Government’s reference to the decision of the Constitutional Court of March 2007, according to which the postponement of annual leave on account of the employer’s economic interests of particular importance, as provided for in section 134(3)(a) of the Labour Code, was declared unconstitutional mainly on the understanding that the ill-defined concept of “economic interests of particular importance” would risk to arbitrarily and disproportionately restrict the workers’ constitutional right to rest. Following this decision, the Labour Code was amended by Act XIX of 2007 and, as a result, the Labour Code now specifies in section 134(3)(a) the time limits within which the annual leave must be granted and taken. The Committee also notes the Government’s indication that the tripartite National Interest Reconciliation Council (OÉT) was consulted in the process of amending the Labour Code.

Part V of the report form. Application in practice. The Committee notes the copies of the judicial decisions as well as the labour inspection results provided by the Government in its report. It would appreciate if the Government would continue providing up to date information on the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes 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, paragraphs 1 and 2, of the Convention. The Committee notes that, notwithstanding section 134(2) of the Labour Code, which provides that, except for the first three months of employment, the employer should grant one quarter of the basic leave at the time requested by the employee, it is not clear whether the Labour Code sets a minimum qualifying period of service for an entitlement to any annual holidays with pay. The Committee recalls that under Article 5, paragraph 2, of the Convention the minimum period of service for such an entitlement must not exceed six months. It requests the Government to provide the necessary clarifications in this respect.

Article 6, paragraph 2. The Committee notes the Government’s indication that although the Labour Code does not contain an express provision on this point, the position unequivocally adopted in practice is that if the worker loses his/her earning capacity whilst on holidays, the period of loss of the earning capacity should not count as part of the annual paid leave. The Committee requests the Government to indicate the measures taken or envisaged in order to give legislative expression to the above practice.

Article 7, paragraph 1. The Committee notes that with respect to outworkers, section 26 of the Government Order 24/1994 requires that remuneration should be agreed in advance and should not be less than 30 per cent of the guaranteed minimum wage. This falls short of the obligation to provide an employee in respect of the full period of holiday with at least his/her normal or average remuneration (including the cash equivalent of any allowances in kind). The Committee therefore requests the Government to take the necessary measures to bring its legislation into line with the Convention in this regard.

Article 8, paragraph 2. The Committee notes that there seems to exist no provision in the Labour Code ensuring that when annual holiday with pay is divided into parts, one of the parts consists of at least two uninterrupted working weeks. It therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention in both law and practice.

Article 9, paragraph 3. The Committee requests the Government to indicate whether and how the organizations of employers and workers concerned were consulted for the determination of the time limits specified in section 134(3)(a) of the Labour Code concerning the deferment of the annual leave.

Part V of the report form. The Committee notes with interest the detailed statistical information and the copies of judicial decisions communicated by the Government in its reports. It would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers (broken down by sex and age) covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of contraventions reported, etc.

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

The Committee notes the Government’s first three reports on the application of the Convention and wishes to draw its attention to the following points.

Article 5, paragraphs 1 and 2, of the Convention. The Committee notes that, notwithstanding section 134(2) of the Labour Code, which provides that, except for the first three months of employment, the employer should grant one quarter of the basic leave at the time requested by the employee, it is not clear whether the Labour Code sets a minimum qualifying period of service for an entitlement to any annual holidays with pay. The Committee recalls that under Article 5, paragraph 2, of the Convention the minimum period of service for such an entitlement must not exceed six months. It requests the Government to provide the necessary clarifications in this respect.

Article 6, paragraph 2. The Committee notes the Government’s indication that although the Labour Code does not contain an express provision on this point, the position unequivocally adopted in practice is that if the worker loses his/her earning capacity whilst on holidays, the period of loss of the earning capacity should not count as part of the annual paid leave. The Committee requests the Government to indicate the measures taken or envisaged in order to give legislative expression to the above practice.

Article 7, paragraph 1. The Committee notes that with respect to outworkers, section 26 of the Government Order 24/1994 requires that remuneration should be agreed in advance and should not be less than 30 per cent of the guaranteed minimum wage. This falls short of the obligation to provide an employee in respect of the full period of holiday with at least his/her normal or average remuneration (including the cash equivalent of any allowances in kind). The Committee therefore requests the Government to take the necessary measures to bring its legislation into line with the Convention in this regard.

Article 8, paragraph 2. The Committee notes that there seems to exist no provision in the Labour Code ensuring that when annual holiday with pay is divided into parts, one of the parts consists of at least two uninterrupted working weeks. It therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention in both law and practice.

Article 9, paragraph 3. The Committee requests the Government to indicate whether and how the organizations of employers and workers concerned were consulted for the determination of the time limits specified in section 134(3)(a) of the Labour Code concerning the deferment of the annual leave.

Part V of the report form. The Committee notes with interest the detailed statistical information and the copies of judicial decisions communicated by the Government in its reports. It would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers (broken down by sex and age) covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of contraventions reported, etc.