Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. Scope of application. The Committee notes the Government’s reference to section 2(6) of the Annual Holidays Act which makes provision for new regulations concerning the application of the Act to posted employees. The Committee requests the Government to specify whether these regulations have already been issued, and if so, to transmit a copy.

Article 6, paragraph 2. Days of incapacity due to illness not to be counted as part of annual leave. The Committee notes that under section 9(1) of the Annual Holidays Act, if for reasons of incapacity for work the total annual leave cannot be taken by the end of the holiday year, the employee may demand to have up to 12 working days transferred to the next holiday year. The Committee recalls, in this connection, that the Convention requires that any period of annual paid leave which may not be taken because of sickness or injury be deferred but not lost or compensated (except in case of termination of employment). It therefore requests the Government to take appropriate steps to ensure that the leave not taken for reasons of illness, which may be transferred to the next holiday year, is not limited to 12 working days but covers the full length of the unused leave. The Committee notes that the Court of Justice of the European Communities in a recent decision (Case C-350/06) has reaffirmed the inalienable character of the workers’ right to annual holiday with pay – making express reference to relevant provisions of ILO Convention No. 132 – and has clearly established that workers who are absent from work, as a result of ill health, are entitled to statutory holidays even if they have not worked at all during the holiday year.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years any information on the practical application of the Convention. It therefore asks the Government to provide together with its next report up to date information in this respect, including statistical data on the number of workers covered by the relevant legislation, inspection results showing the number of infringements of the legislation in respect of annual holiday and sanctions imposed, copies of relevant collective agreements, official reports or studies on issues related to the Convention, etc.