Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 4, paragraph 1, of the Convention. Proportionate annual leave in case of insufficient length of service. The Committee notes the Government’s explanations that the legislation does not currently contain provisions concerning a situation envisaged in Article 4, paragraph 1, of the Convention, but that in practice, annual paid holidays are granted in advance based on the period worked during the year and the period to be worked in the following year.

Article 9, paragraph 1. Postponement of annual leave. The Committee notes that under section 118(3) of the Labour Code, annual leave can be transferred to the next working year, if the activity of the enterprise so requires, in which case the employee will have the right to take the holidays of two consecutive years either combined or divided into parts. Recalling that this Article of the Convention requires an uninterrupted part of at least two weeks to be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen, the Committee requests the Government to explain how this provision is given effect in national law and practice.

Article 7, paragraph 1. Calculation of remuneration during annual leave. The Committee notes the Government’s indication that the method of calculation of remuneration during annual leave is provided for under government Decision No. 426 of 26 April 2004 concerning the approval of the calculation of average wage. It would appreciate receiving a copy of that government decision.

Part V of the report form. The Committee notes the information provided by the Government concerning labour inspection results for the period from 2004 to May 2008 and measures taken in case of infringements of the legislation in respect of annual leave. It also notes the provisions on annual leave contained in the National Collective Agreement of July 2004. It would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, labour inspection results showing the number and nature of contraventions of the relevant legislation, sanctions imposed, etc.