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

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Article 4(1) of the Convention. Proportionate annual leave in case of insufficient length of service. The Committee previously noted that section 115 of the Labour Code does not provide for a proportionate holiday entitlement for a fraction of a working year, and requested the Government to indicate any measures to give effect to this provision of the Convention. The Committee notes that the Government report does not contain any relevant information in this regard. The Committee once again requests the Government to indicate any measures adopted or envisaged to give effect to this provision of the Convention.

Article 9(1). Postponement or accumulation of annual leave. In previous comments, the Committee noted that section 118(3) of the Labour Code allows 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 consistent with the Convention, which requires that 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 notes that section 118(3) of the Labour Code has been revised by Law No. 157 of 2017, in order to provide that in case of postponement, at least 14 calendar days of paid annual leave shall be granted to the worker concerned, while the remaining part shall be granted before the end of the following year. The Committee takes note of this information, which addresses its previous 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.

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Article 4, paragraph 1, of the Convention. Proportionate annual leave in case of insufficient length of service. The Committee notes the Government’s explanations that the legislation does not currently contain provisions concerning a situation envisaged in Article 4, paragraph 1, of the Convention, but that in practice, annual paid holidays are granted in advance based on the period worked during the year and the period to be worked in the following year.

Article 9, paragraph 1. Postponement of annual leave. The Committee notes that under section 118(3) of the Labour Code, annual leave can be transferred to the next working year, if the activity of the enterprise so requires, in which case the employee will have the right to take the holidays of two consecutive years either combined or divided into parts. Recalling that this Article of the Convention requires an uninterrupted part of at least two weeks to be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen, the Committee requests the Government to explain how this provision is given effect in national law and practice.

Article 7, paragraph 1. Calculation of remuneration during annual leave. The Committee notes the Government’s indication that the method of calculation of remuneration during annual leave is provided for under government Decision No. 426 of 26 April 2004 concerning the approval of the calculation of average wage. It would appreciate receiving a copy of that government decision.

Part V of the report form. The Committee notes the information provided by the Government concerning labour inspection results for the period from 2004 to May 2008 and measures taken in case of infringements of the legislation in respect of annual leave. It also notes the provisions on annual leave contained in the National Collective Agreement of July 2004. It would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, labour inspection results showing the number and nature of contraventions of the relevant legislation, sanctions imposed, etc.

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The Committee notes the Government’s first report as well as the subsequent reports on the application of the Convention. It requests further information on the following points.

Article 4, paragraph 1 of the Convention. The right to annual paid holiday when the length of service is insufficient for full entitlement. Sections 115(2) and (3) of the Labour Code, 2003, allow annual paid holidays to be given in advance for specific cases. The Committee requests the Government to provide further information on the cases envisaged under section 115(2)(c) which allows for leave in advance to workers in conformity with the legislation in force.

The Committee further requests the Government to clarify how it ensured that, for workers whose length of service is less than the period required for full entitlement, a holiday with pay is provided, proportionate to the length of service actually carried out during that year, as required by this provision of the Convention.

Article 7, paragraph 1. Holiday remuneration. Section 117(2) of the Labour Code states that the Government determines the manner of calculating the holiday grant. The Committee requests the Government to indicate the manner in which the holiday remuneration is calculated.

Article 7, paragraph 2. Payment in practice. The Government reported that, in practice, remuneration in advance of the holiday is often not provided. The Committee requests the Government to indicate what measures have been envisaged or taken to redress this issue.

Article 9. Postponement of annual paid holiday. Section 118(2) allows annual paid holidays to be adjourned or prolonged in "other cases allowed under the law". The Committee requests the Government to clarify what circumstances are covered in such cases and for how long the granting of annual paid holidays can be postponed.

Part V of the report form. Information on the application of the Convention. The Committee notes the information provided in cases of violation (leave not granted within two consecutive years and remuneration for annual paid holiday not provided). It requests further information on the violations reported by the inspectorate, including extracts from the reports of the inspection services and the number and nature of contraventions reported.