Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 2, paragraph 3, of the Convention. Public and customary holidays and interruption of attendance at work due to sickness. Section 92(3) of the Labour Code states that periods of temporary disability to work are considered as working time. Furthermore, section 93(2) states that an employee who is hospitalized or stays at home due to sickness or injury, certified by means of a medical report, may demand to postpone his/her annual holidays. The Committee reminds the Government that interruptions of attendance at work due to sickness should not be included in the annual holidays with pay and, to that extent, the worker should not have to request for the postponement of his annual holidays as it should not be considered as annual holidays from the outset. The Committee requests the Government to amend the legislation to bring the provision in line with the Convention. It also requests the Government to indicate which legislative provisions ensure that public and customary holidays are not included in the annual holiday with pay.