CMNT_TITLE

Holidays with Pay Convention (Revised), 1970 (No. 132) - Republic of Moldova (RATIFICATION: 1998)

Other comments on C132

Direct Request

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Article 4(1) of the Convention. Proportionate annual leave in case of insufficient length of service. While noting the Government’s reference to the latest amendments to the Labour Code introduced in March 2008 and July 2010, the Committee observes that, as it currently reads, section 115 of the Labour Code does not provide for a proportionate holiday entitlement for a fraction of a work year, as required under this Article of the Convention. The Committee accordingly requests the Government to indicate any measures envisaged or taken in order to give effect to this provision of the Convention.

Article 9(1). Postponement or accumulation of annual leave. The Committee notes that no new information has been provided by the Government, regarding the application of section 118(3) of the Labour Code, which permits annual leave to be transferred to the next working year, when the activity of the enterprise would so require, in which case the employee has the right to take the holidays of two consecutive years either combined or divided into parts. The Committee notes that this provision does not appear to be fully consistent with the Convention which requires an uninterrupted part of at least two weeks must be granted no later than one year after the end of the year in respect of which the holiday entitlement has arisen. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is fully aligned with the provisions of the Convention in this respect.