Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.