Solicitud directa (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

Article 6(1) of the Convention. In its previous comments, the Committee pointed out that section 1(2) of Act No. 12.590 allows collective agreements to count public holidays as part of an annual holiday. This seems to contradict the Convention, under which public and customary holidays may not be counted as part of a minimum annual paid holiday of three working weeks per year of service. The Committee notes the Government's statement that the minimum holiday requirement in the Convention is observed in all cases. It nevertheless hopes the Government will envisage amending the legislation on this point at an early date, and that in the meantime it will supply samples of the provisions of collective agreements currently in force.

Article 7(2). Further to its observation, the Committee hopes the Government will indicate what measures are taken or proposed to ensure that public servants receive holiday pay in advance as provided in the Convention.

Articles 3, 8, 9, 10 and 12. The Committee notes that under section 5 of Act 16.104, public servants may lose the use of their annual holidays in cases of overriding necessity, and the entitlement may be accumulated for two years. It would be grateful if the Government would indicate how it is ensured in these conditions that the requirement of an annual holiday to be taken as provided in Articles 8, 9 and 10 is met.

Article 12. The Committee notes that the report once again does not contain a reply to its direct request concerning this Article of the Convention, which read as follows:

Under section 16 of Act No. 12.590 and section 23 of the Decree of 26 April 1962 issued under this Act, the holiday of a technician may, at the joint request of the employer and the technician concerned, be replaced by compensation equivalent to three times the corresponding remuneration. These provisions appear not to be in conformity with the requirement of the Convention that any agreement to relinquish the right to the minimum holiday prescribed should be null and void or prohibited.

The Committee would be most grateful if the Government would deal with this matter in its next report.