Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 7, paragraph 2, of the Convention. Payment of holiday pay in advance. The Committee notes that, under section 15 of the new Annual Holidays Act, for a holiday period not exceeding six days, the holiday pay may be given on the employee’s normal pay day. While noting that no analogous provision was included in the previous Annual Holidays Act, the Committee requests the Government to indicate the measures taken or envisaged to ensure that holiday pay is – in all cases – paid in advance of the holiday, as prescribed by this Article of the Convention.

Article 12. Prohibition to relinquish or forego annual holidays. The Committee notes that, under section 26(1) of the Annual Holidays Act, if annual holidays postponed because of incapacity for work cannot be granted within prescribed limits, they may be replaced by monetary compensation. While noting that no similar provision was contained in the previous Annual Holidays Act, the Committee considers that such provision may be run counter to the principle of the Convention that prohibits any agreement to relinquish the right to annual paid leave or to forgo such leave for compensation, except in case of termination of employment. It therefore requests the Government to provide further explanations in this respect.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue to provide all available information on the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of violations observed and sanctions imposed, copies of collective agreements, etc.