Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

I. The Committee notes with interest the information provided by the Government in its first report and requests the Government to provide further clarification on the following points:

1. Article 2, paragraphs 2 and 3. The Committee notes that the Annual Holidays Act does not apply to the family members in a business unless there are non-family members also employed, nor does it apply to any of the employer's family members in agricultural undertakings, irrespective of the status of the other employees. Furthermore, the Annual Holidays Act does not apply to persons paid solely in dividends. The Government is requested to indicate the manner in which the organizations of employers and workers concerned were consulted with respect to these exclusions and to keep the Office informed, in subsequent reports, of any developments in its law and practice in their regard.

The Government has also indicated in its report that separate provisions on annual holidays and holiday compensation exist for certain state part-time and ancillary civil servants as well as fee-paid teachers. The Government is requested to indicate, in its next report, whether these categories of workers are covered by the main provisions of the Annual Holidays Act and, if not, to specify the manner in which the Convention is applied to them.

2. Article 7, paragraph 2. The Committee notes that, under the Annual Holidays Act, holiday pay must be paid in advance of the holiday. The Government has indicated in its report, however, that, for civil servants, holiday pay is paid on the normal pay day. The Government is requested to indicate the measures taken or envisaged to ensure that civil servants are also paid the amounts due to them in advance of the holiday.

3. Article 8, paragraphs 1 and 2. The Committee notes that the division of annual holiday into parts of at least two working weeks is authorized under section 5 of the Annual Holidays Act. Furthermore, the Government indicates in its report that paid holidays for civil servants cannot be granted in more than two parts "against the person's will, without valid reason" and that section 22 of the Annual Holidays Act permits the Works Council to grant exemptions with respect to the rules on interruption of holidays for grave reasons. The Government is requested to indicate the measures taken to ensure that civil servants enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned. The Government is also requested to indicate whether any exemptions have been made to section 5 of the Act by decision of works councils (section 22) and the measures taken or envisaged to ensure that, in any event, workers still enjoy at least two uninterrupted working weeks of holiday, in accordance with this Article of the Convention.

4. Article 9, paragraph 1. The Committee notes that section 4 of the Annual Holidays Act provides that leave is generally provided between the months of May and September and for seasonal workers can be granted within the calendar year in which the holiday credit ends. It further notes that section 22 of the Act permits derogations to this section with respect to the period of leave. The Government is requested to indicate whether any such derogations have been granted and the measures taken or envisaged to ensure, in the case of derogation, that the worker enjoys at least two working weeks of paid holiday within one year, and the remainder of the annual holiday no later than 18 months from the end of the year in respect of which the holiday entitlement has arisen.

5. Article 12. The Committee notes the indication in the Government's report that a contract which reduces an employee's statutory benefits is invalid under the Annual Holidays Act. Section 16 of the Act, however, only provides that an agreement by which the workers's remuneration under the Act is reduced is null and void. The Government is requested to indicate the measures taken to ensure that any agreement to relinquish the right to the minimum annual holiday with pay is null and void, in accordance with this Article of the Convention.

II. The Committee has noted the Government's indication in its report for the period ending 30 June 1990 under Convention No. 91 that a committee was set up in the spring of 1990 to revise the annual leave legislation and to study the defects and shortcomings in the application of the Annual Holidays Act. The Government is requested to keep the Office informed of any measures taken or envisaged to amend the annual leave legislation in the light of this review.