Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first three reports on the application of the Convention and wishes to draw its attention to the following points.

Article 5, paragraphs 1 and 2, of the Convention. The Committee notes that, notwithstanding section 134(2) of the Labour Code, which provides that, except for the first three months of employment, the employer should grant one quarter of the basic leave at the time requested by the employee, it is not clear whether the Labour Code sets a minimum qualifying period of service for an entitlement to any annual holidays 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 requests the Government to provide the necessary clarifications in this respect.

Article 6, paragraph 2. The Committee notes the Government’s indication that although the Labour Code does not contain an express provision on this point, the position unequivocally adopted in practice is that if the worker loses his/her earning capacity whilst on holidays, the period of loss of the earning capacity should not count as part of the annual paid leave. The Committee requests the Government to indicate the measures taken or envisaged in order to give legislative expression to the above practice.

Article 7, paragraph 1. The Committee notes that with respect to outworkers, section 26 of the Government Order 24/1994 requires that remuneration should be agreed in advance and should not be less than 30 per cent of the guaranteed minimum wage. This falls short of the obligation to provide an employee in respect of the full period of holiday with at least his/her normal or average remuneration (including the cash equivalent of any allowances in kind). The Committee therefore requests the Government to take the necessary measures to bring its legislation into line with the Convention in this regard.

Article 8, paragraph 2. The Committee notes that there seems to exist no provision in the Labour Code ensuring that when annual holiday with pay is divided into parts, one of the parts consists of at least two uninterrupted working weeks. It therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention in both law and practice.

Article 9, paragraph 3. The Committee requests the Government to indicate whether and how the organizations of employers and workers concerned were consulted for the determination of the time limits specified in section 134(3)(a) of the Labour Code concerning the deferment of the annual leave.

Part V of the report form. The Committee notes with interest the detailed statistical information and the copies of judicial decisions communicated by the Government in its reports. It would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for instance, statistics on the number of workers (broken down by sex and age) covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of contraventions reported, etc.