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The Committee notes the adoption of Act No. 103/07 (OGRS) which amends the Act of 2002 on labour relations. It also notes the information provided by the Government concerning the application of Article 3 of the Convention (duration of annual holiday with pay).

Article 10 of the Convention. Determination of the timing of the holiday. The Committee notes the Government’s indication that the period during which holidays must be taken is determined according to the requirements of various activities. The employer can therefore approve, on a case-by-case basis according to workers’ requests, the period during which holidays will be taken, taking account of the imperatives of the activity concerned, or agree on a period with the trade unions within the enterprise by means of collective agreements or in accordance with the legislation in this field. The Committee also notes that Act No. 103/07 entitles workers to: (i) take a day’s holiday on the day of their choice, on condition that the employer is informed three days in advance; and (ii) take a week’s holiday, in the case of workers who have children attending school, during the two summer months (July and August). The Committee notes the observations made by the Association of Free Trade Unions of Slovenia (ZSSS), drawing attention to a phenomenon which occurred in 2006 and 2007, namely pressure exerted on workers to dissuade them from taking their annual holiday during the school holidays, with workers who took their holiday in June or September receiving higher pay related to performance. The Committee requests the Government to send any comment which it considers relevant in reply to the observations made by the ZSSS.

Part V of the report form. Practical application. The Committee notes the detailed information supplied by the Government concerning infringements reported in relation to the granting, payment and compensation of annual holidays, for the period from 2003 to 31 May 2008. It also notes the indication from the ZSSS to the effect that staff numbers in labour inspection are inadequate since there are only 82 inspectors for more than 100,000 economic entities. The Committee requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number of infringements reported in relation to annual holidays with pay and the penalties imposed, information on the number of persons covered by the legislation, copies of collective agreements containing provisions relating to annual holidays with pay, or any other relevant information in this area.

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The Committee notes the Labour Relations Act of 2002, which entered into force on 1 January 2003. It asks the Government to provide clarifications on the following points.

Article 3 of the Convention. The Labour Relations Act of 2002 provides paid annual holiday of a minimum duration of four weeks (sections 137, paragraph 2, and 159, paragraph 1). According to the Government’s indication, the duration of annual leave shall be set, in accordance with paragraph 2 of section 31 of the Basic Rights Stemming from the Labour Relations Act (Uradni list SFRJ, 60/80, 42/90, cited ZTPDR), by the competent authority or employer on the basis of the criteria laid down in general acts or collective agreements. The Government is asked to provide more information on the setting of the duration of the holiday and to provide a copy of the Basic Rights Stemming from the Labour Relations Act (ZTPDR).

Article 10 of the Convention regulates the timing of holidays. The time at which the holiday is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation with the employed person concerned or his representative.

Section 165 of the Labour Relations Act of 2002 provides that the annual leave shall be used with regard being paid to the requirements of the working process and the possibilities of rest and recreation of a worker as well as to the worker’s family obligations. This section does not, however, refer to the method by which the time of the holiday is determined. The Government is therefore asked to indicate in its next report the method determining the timing of the holiday, in particular with regard to workers’ participation.

Part V of the report form. The Committee notes the detailed information on the general appreciation of the application of the Convention and the problems encountered. It would appreciate receiving further information of this kind in the Government’s future reports.

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The Committee notes the information provided in the Government's report and requests the Government to provide further clarification on the following point:

Article 11 of the Convention. Under this Article, an employed person who has completed a minimum period of service should on termination for any reason receive a holiday with pay proportionate to the length of service for which he or she has not received such a holiday or compensation in lieu or an equivalent holiday credit. The Government is requested to indicate the measures taken or envisaged to ensure the application of this provision.