R148 - Recomendación sobre la licencia pagada de estudios, 1974 (núm. 148)

I. Definition

1. 1. In this Recommendation, the term paid educational leave means leave granted to a worker for educational purposes for a specified period during working hours, with adequate financial entitlements.

II. Formulation of Policy and Methods of Implementation

1. 2. Each Member should formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of--
   • (a) training at any level;
   • (b) general, social and civic education;
   • (c) trade union education.
2. 3. That policy should be designed to contribute, on differing terms as necessary--
   • (a) to the acquisition, improvement and adaptation of occupational and functional skills, and the promotion of employment and job security in conditions of scientific and technological development and economic and structural change;
   • (b) to the competent and active participation of workers and their representatives in the life of the undertaking and of the community;
   • (c) to the human, social and cultural advancement of workers; and
   • (d) generally, to the promotion of appropriate continuing education and training, helping workers to adjust to contemporary requirements.
3. 4.
   • (1) The policy should take account of the stage of development and the particular needs of the country and of different sectors of activity, of other social objectives, and of national priorities.
   • (2) It should be co-ordinated with general policies concerning employment, education and training as well as policies concerning hours of work, with due regard as appropriate to seasonal variations of hours of work or of volume of work.
4. 5. The means by which provision is made for the granting of paid educational leave may include national laws and regulations, collective agreements, arbitration awards, and such other means as may be consistent with national practice.
5. 6. It should be recognised that paid educational leave is not a substitute for adequate education and training early in life and that it is only one of a variety of means for continuing education and training.

III. Measures for Promotion of Paid Educational Leave

1. 7. The public authorities, employers' and workers' organisations, and institutions or bodies providing education and training should be associated, in a manner appropriate to national conditions and practice, with the formulation and application of the policy for the promotion of paid educational leave.
2. 8. Measures should be taken, on the basis of plans adapted to the aims of the policy--
   • (a) to ascertain the current and future education and training needs of workers which may be met by paid educational leave;
   • (b) to make full use of all available education and training facilities, and to establish new facilities to meet the education and training purposes of paid educational leave;
   • (c) to take account in teaching methods and education and training programmes of the objects and the terms of paid educational leave, which reflect new needs;
   • (d) to encourage workers to make the best use of education and training facilities available to them;
   • (e) to encourage employers to grant paid educational leave to workers.
3. 9. There should be adequate systems of information and guidance regarding possibilities of paid educational leave.
4. 10. Adequate arrangements should be made to ensure that the education and training provided are of appropriate quality.

IV. Financing

1. 11. The financing of arrangements for paid educational leave should be on a regular and adequate basis and in accordance with national practice.
2. 12. It should be recognised that--
   • (a) employers, collectively or individually,
   • (b) public authorities and educational or training institutions or bodies, and
   • (c) employers' and workers' organisations, may be expected to contribute to the financing of arrangements for paid educational leave according to their respective responsibilities.

V. Conditions for Granting of Paid Educational Leave

1. 13. Paid educational leave should not be denied to workers on the ground of race, colour, sex, religion, political opinion, national extraction or social origin.
2. 14. Workers should remain free to decide in which education or training programmes they wish to participate.
3. 15. As necessary, special provisions concerning paid educational leave should be established--
   • (a) where particular categories of workers, such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities, find it difficult to fit into general arrangements;
   • (b) where particular categories of undertakings, such as small or seasonal undertakings, find it difficult to fit into general arrangements, it being understood that workers in these undertakings would not be excluded from the benefit of paid educational leave.
4. 16. Conditions of eligibility for paid educational leave may vary according to whether such leave is intended for--
   • (a) training at any level;
   • (b) general, social or civic education; or
   • (c) trade union education.
5. 17.
   • (1) In determining conditions of eligibility, account should be taken of the types of education or training programmes available and of the needs of workers and their organisations and of undertakings, as well as of the public interest.
   • (2) As regards paid educational leave for trade union education, the workers' organisations concerned should have the responsibility for selection of candidates.
   • (3) The manner in which workers who satisfy the conditions of eligibility are granted paid educational leave should be agreed upon between undertakings or the employers' organisations concerned and the workers' organisations concerned so as to ensure the efficient continuing operation of the undertakings in question.
6. 18.
   • (1) Where trade union education programmes are carried out by the trade union organisations themselves, they should have the responsibility for planning, approval and implementation of the programmes.
   • (2) Where such programmes are carried out by other educational institutions or bodies, they should be established in agreement between those bodies and the trade union organisations concerned.
7. 19. As required by national or local circumstances or by the circumstances of an undertaking, priority in the granting of paid educational leave should be given to particular categories of workers, or particular occupations or functions, which have especially urgent education or training needs.
8. 20. The financial entitlements of workers during paid educational leave should--
   • (a) maintain their level of earnings by continued payment of their wages and other benefits, or by adequate compensation therefor, as provided for by national laws or regulations, collective agreements, arbitration awards or such other means as may be consistent with national practice;
   • (b) take account of any major additional costs of education or training.
9. 21. A period of paid educational leave should be assimilated to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relation, as provided for by national laws or regulations, collective agreements, arbitration awards, or such other means as may be consistent with national practice.