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Holidays with Pay Convention, 1936 (No. 52) - Faroe Islands

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 2(3)(b) of the Convention. Interruptions of attendance at work due to sickness not to be included in annual leave. The Committee recalls its previous comment in which it noted that as it presently reads, the Holiday with Pay Act of 1986 does not contain any specific provision to ensure that days of incapacity due to illness are not counted as part of the annual paid leave. In its reply, the Government indicates that it is currently considering this matter and that legislative changes will be made, if deemed necessary, to ensure that interruptions of attendance at work due to sickness are not to be included in the annual leave, as required under this Article of the Convention. The Committee requests the Government to keep the Office informed on any further developments in this respect.

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Article 2, paragraph 3(b), of the Convention. Interruptions of attendance at work due to sickness not to be included in the annual leave. The Committee understands that the Holiday with Pay Act No. 30 of 7 April 1986, as amended, contains no specific provisions to ensure that days of incapacity due to illness are not counted as part of the annual paid leave and therefore workers who fall sick during their holiday are entitled to take the days lost at another time. The Committee requests the Government to provide additional explanations in this respect.

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, etc.

The Committee takes this opportunity to recall that at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 52 was outdated and invited the States parties to this Convention to consider ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not regarded as being fully up to date but remains relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraph 12). This step appears to be particularly advisable given that the legislation of the Faeroe Islands, which provides for a minimum duration of annual paid leave of 30 days, is significantly more favourable than the standard set out in Convention No. 52 and reflects the requirements of Convention No. 132 which provides that the annual holiday may not be less than three working weeks for one year of service. The Committee accordingly requests the Government to keep the Office informed of any further development concerning the possible ratification of Convention No. 132.