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Holidays with Pay Convention (Revised), 1970 (No. 132) - Azerbaijan (RATIFICATION: 2016)

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The Committee takes note of the Government’s first report. It notes the relevant sections of the Labour Code implementing the Convention, in particular section 114, which provides for a minimum of 21 calendar days of paid annual leave, in conformity with Article 3.

Article 12 of the Convention. Prohibition to relinquish or forgo the right to an annual holiday with pay. The Committee notes that section 135(2) of the Labour Code allows the payment of compensation for unused leave in cases where employees did not use their leave entitlement in the relevant working year for any reason. The Committee recalls that Article 12, which prohibits agreements to relinquish or forgo the right to an annual holiday with pay, seeks to ensure that workers benefit in practice from their acquired holiday rights. The Committee wishes to emphasize the importance of workers effectively benefiting from their right to a period of relaxation and leisure every year and recalls that it has encouraged governments to take the necessary measures to ensure that monetary compensation is offered in lieu of annual leave only in the case of any unused leave upon termination of employment (2018 General Survey on working time instruments, paragraph 374). The Committee notes the Government’s indication that draft amendments to the Labour Code were being considered to ensure greater conformity with the Convention. The Committee requests the Government to provide information on any measures taken in this regard, including any amendments to section 135(2) of the Labour Code.