CMNT_TITLE

Repetition

Article 4(1) of the Convention. Proportionate holiday. The Committee recalls that Act No. 017/PR/2001 does not establish an entitlement to a paid holiday the length of which is reduced proportionately for persons who have accomplished a period of service which is less than the period required for entitlement to the full holiday period. In its last report the Government indicates that it is planning to revise the Act in order to take account of the question of holidays of proportionate duration for officials.The Committee requests the Government to keep the Office informed of any developments in this regard.

Article 5(2). Minimum period of service. The Committee recalls that section 217 of the Labour Code and section 56 of the General Collective Agreement provide that the right to take holidays becomes effective after a period of actual service, or service considered as such, equivalent to one year. The Committee further notes that section 74 of Act No. 017/PR/2001 and section 3 of Decree No. 567 of 31 July 2007 concerning leave and authorized absences of civil servants, provide that annual administrative leave is granted as one month of rest after 11 months of accomplished service. The Committee recalls that the minimum period of service required for entitlement to an annual holiday with pay shall in no case exceed six months.The Committee therefore requests the Government to take the necessary legislative measures to bring these minimum periods of service into conformity with the Convention.

Article 6(2). Periods of incapacity for work. Further to its previous comments, the Committee notes the Government’s reference to section 213 of the Labour Code, which states that absences arising from an occupational accident or illness shall be counted as actual service when calculating the length of holiday. However, the Committee reminds the Government that although section 213 meets the requirements of Article 5(4)of the Convention, which provides that absence from work for illness or injury shall be counted as part of the period of service, it does not give effect to Article 6(2), which stipulates that, under conditions to be determined by the competent authority or through the appropriate machinery in each country, periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay.Noting the absence of any legal provision stipulating that periods of incapacity for work resulting from sickness or injury shall not be counted as part of the minimum annual holiday with pay, as required by the Convention, the Committee once again requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 7(1). Holiday pay. The Committee recalls that section 220 of the Labour Code provides that benefits in kind are excluded from the calculation of the holiday entitlement, with the exception of food provided by custom or in accordance with regulations or agreements. The Committee further notes that section 59 of the General Collective Agreement refers to section 220 of the Labour Code. The Committee recalls that any person taking an annual holiday with pay must receive at least his/her normal or average remuneration in respect of the full period of the annual holiday, also including the cash equivalent of any part of the wages which is paid in kind, unless permanent benefits are involved which the person receives separately from the paid holiday.The Committee therefore requests the Government once again to take the necessary measures to ensure that benefits in kind are included in the calculation of the holiday entitlement, in accordance with the Convention.

Article 10. Time at which the holiday is to be taken. The Committee notes that, under section 74 of Act No. 017/PR/2001 and section 3 of Decree No. 567, each service is required to draw up an annual holiday schedule.The Committee requests the Government to specify how civil servants or their representatives are consulted in this process.