Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided with the Government’s last report. It requests the Government to supply further details on the following points.

Article 4 of the Convention. Referring to its previous comments, the Committee notes that section 134(2) of the Labour Code provides for proportionate remuneration in case of suspension of the employment contract and that no other provision or measures appear to ensure compliance with the Convention by establishing the right to proportionate holidays for workers, who cannot be employed all the working days of the qualifying year. The Committee therefore requests the Government to indicate whether the amendment to the Labour Code currently under discussion will contain a provision granting persons who complete a period of work less than a year, the right to holidays proportionate to their effective length of service.

Article 5, paragraphs 1, 2 and 4. Section 134(1) of the Labour Code apparently requires one year of service for full entitlement to any annual holiday 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 asks the Government to indicate the minimum length of service considered as qualifying period for entitlement to any holiday with pay.

The Committee further notes that, according to section 133(6) in conjunction with section 31 of the Labour Code, absence from work for the reasons enumerated under section 30, Nos. 3 to 11, of the Code is not counted as part of the period of service. It requests the Government to indicate the steps taken or contemplated to ensure that all periods of absence from work for reasons beyond the control of the employed person are counted as part of the period of service.

Article 7, paragraph 2. The Committee notes from the report that conformity with the Convention is ensured in practice, and that the Labour Code under revision will require explicitly that the amounts due must be paid in advance of the holiday. Please keep the Office informed of any progress achieved in this respect.

Article 9. Noting that the revised Labour Code will include provisions on the accrual and postponement of holidays, the Committee asks the Government to supply the new text when it becomes available.

Part V of the report form. Please supply, wherever possible, extracts from the reports of the inspection services, and any available statistics on the number of workers covered by the legislation on paid leave and on the numbers and nature of contraventions reported.