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Article 9 of the Convention. Postponement or accumulation of holidays. The Committee notes section 218(4) of the new Labour Code No. 262/2006 Coll. provides that, when urgent operational reasons prevent the employer from granting annual leave in the calendar year in which the leave entitlement arises, leave must be scheduled and taken until 31 October of the subsequent year, and that, when the employee fails to take such leave until the end of the subsequent year, his/her leave entitlement expires. The Committee recalls, in this connection, that the Convention requires that any period of annual paid leave, which may not be taken (for instance due to sickness or injury), be deferred but not lost or compensated (except in case of termination of employment). The Committee also recalls that the Court of Justice of the European Communities in a recent decision (Case C-350/06) has reaffirmed – making express references to relevant provisions of ILO Convention No. 132 – the inalienable character of the worker’s right to annual holiday with pay and has clearly established that an employee who has not been able to effectively exercise in time his/her right to leave cannot nonetheless be forfeited. While noting that the previous Labour Code did not include any provision similar to the one contained in section 218(4) of the new Labour Code, the Committee requests the Government to provide additional explanations in this respect.

Part V of the report form. Application in practice. The Committee would appreciate if the Government would provide together with its next report up-to-date information on the practical application of the Convention, 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.

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Articles 11 and 12 of the Convention. Compensation in lieu of annual holiday with pay. With reference to its previous comments concerning the need to amend section 110(b) of the Labour Code of 1965, the Committee notes with satisfaction that, under section 222(2) of the new Labour Code No. 262/2006 Coll., cash compensation in lieu of annual leave is permitted only in the case of termination of employment, as required by these Articles of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the application of the Convention in the light of the relevant provisions of the new Labour Code (Act No. 262/2006 Coll.).

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments from the Czech–Moravian Confederation of Trade Unions (ČMKOS).

Article 2 of the Convention. According to section 4 of the Labour Code (Act No. 65/1965, as amended by Act No. 312/2002), this Code applies only to certain employees, like judicial trainees and state prosecutors, when it or other statutory provisions so expressly stipulate. It is not expressly stipulated in the Labour Code that the provisions on annual leave shall apply to the employees enumerated in section 4. The Government is therefore asked to indicate the legislation applicable to them with regard to the rights enshrined in the Convention.

Article 10. The Committee notes the ČMKOS’s indication that even if the Labour Code makes it possible under section 108(1) to draw up a plan of leave prepared after prior approval of the relevant trade union, most employers do not seek this approval and assert their right to determine the date of employees’ annual leave with the only restriction that they have to inform employees 14 days in advance. The ČMKOS amplifies that in practice some employers in fixing the time at which the holiday is to be taken do not take into account the warrant interests of employees. The Government is asked to address the application of Article 10 by appropriate action and to provide information on the measures taken to ensure its proper enforcement.

Article 12. With reference to its previous comment, the Committee notes that a draft amendment to section 110(b) of the Labour Code is being prepared, which clearly states that compensatory wages for holiday which is not taken is only possibly in cases where the employment is terminated. The Government is asked to forward copy of the revised text as soon as it is adopted.

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The Committee notes the Government’s reply to its previous direct request and the comments from the Czech-Moravian Confederation of Trade Unions (ČMKOS).

Article 2 of the Convention. According to section 4 of the Labour Code (Act No. 65/1965, as amended by Act No. 312/2002), this Code shall only apply to certain employees, like judicial trainees and state prosecutors, when it or other statutory provisions so expressly stipulate. It is not expressly stipulated in the Labour Code that the provisions on annual leave shall apply to the employees enumerated in section 4. The Government is therefore asked to indicate the legislation applicable to them with regard to the rights enshrined in the Convention.

Article 10. The Committee notes the ČMKOS’s indication that even if the Labour Code makes it possible under section 108, paragraph 1, to draw up a plan of leave prepared after prior approval of the relevant trade union, most employers do not seek this approval and assert their right to determine the date of employees’ annual leave with the only restriction that they have to inform employees 14 days in advance. The ČMKOS amplifies that in practice some employers in fixing the time at which the holiday is to be taken do not take into account the warrant interests of employees.

The Government is asked to address the application of Article 10 by appropriate action and to provide information on the measures taken to ensure its proper enforcement.

Article 12. With reference to its previous comment, the Committee notes that a draft amendment to section 110(b) of the Labour Code is being prepared, which clearly states that compensatory wages for holiday which is not taken is only possibly in cases where the employment is terminated. The Government is asked to forward the amendment act as soon as it is adopted.

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The Committee notes the Government’s report for the period ending 30 September 2000. It also notes that several amendments to Act No. 65/1965 (Labour Code) and Government Decree No. 108/1994 implementing the Labour Code have become effective as of 1 January 2001. The Committee requests the Government to provide additional information, in its next report, on the following points.

Article 2 of the Convention. According to the Government’s report, no categories of employees are excluded from the application of the Convention. Please inform the Committee of any changes due to other statutory provisions, as permitted in sections 5 and 6(1) of the Labour Code.

Article 5, paragraph 4, and Article 6, paragraph 2. The Committee notes that in section 40(2) of Government Decree No. 108/1994, among others, incapacity for work as consequence of injury at work or occupational disease for which the legal entity or the employer is responsible, shall not be regarded as performance of work for the purpose of annual holidays. According to section 40(1)(b) of the Government Decree, annual leave shall be considered as performance of work. The Committee would recall that Article 5, paragraph 4, of the Convention stipulates that any absence from work for reasons beyond the control of the employed person such as illness, injury or maternity (not only occupational accidents and diseases), shall be counted as part of the period of service, and that Article 6, paragraph 2, of the Convention lays down that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed in Article 3, paragraph 3, of the Convention, i.e. at least three working weeks for one year of service. Section 40(1)(b) and (2) of Government Decree No. 108/1994, in conjunction with its annex, does not fully comply with these provisions of the Convention. The Government is requested to indicate measures taken or envisaged to ensure that effect is given to the Convention in this respect.

Articles 11 and 12. The Labour Code permits compensation in lieu of holidays in cases enumerated under section 110b. Of those, only compensation in case of termination of employment (section 110b(2)(c) of the Labour Code) appears to be consistent with the Convention. The cases laid down in section 110b(2)(a) and (b), (3) and (4) of the Labour Code might as a result waive the right to annual holidays with pay (see also section 242(1)(c) of the Labour Code). The Government is requested to bring the legislation in line with the Convention on these points and to report on any progress made.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

  Article 2 of the Convention.  Please indicate whether all or some of the categories of workers mentioned in sections 5 and 6 of the Labour Code are excluded from the scope of the Convention. If possible, please indicate the legislative or other texts applicable to them.

  Article 5.  The Government indicates that periods of maternity leave and periods of absence resulting from occupational diseases or accidents are counted in the period of service. Please indicate the legislative or other provisions relating to these matters.

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The Committee notes the Government's first report on application of the Convention and requests the Government to supply further information on the following matters.

Article 2 of the Convention. Please indicate whether all or some of the categories of workers mentioned in sections 5 and 6 of the Labour Code are excluded from the scope of the Convention. If possible, please indicate the legislative or other texts applicable to them.

Article 5. The Government indicates that periods of maternity leave and periods of absence resulting from occupational diseases or accidents are counted in the period of service. Please indicate the legislative or other provisions relating to these matters.