Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 12(b) of the Convention. The Committee notes that under section 19(1)(c) of the Public Guarantee and Maintenance Fund Act, entitled persons may claim holiday pay for the period of unused annual leave accrued during the current calendar year. The Committee understands, however, that in the case the insolvency or termination of employment occurs in the first six months of a calendar year the scope of the protected claim would be narrower than the minimum coverage prescribed by the Convention. The Committee would be grateful to the Government for providing clarification in this respect.

Part IV of the report form. The Committee notes that according to the latest statistics available, in 2002 the Public Guarantee and Maintenance Fund received 2,870 applications and paid claims to 2,799 beneficiaries representing a total amount of 3.5 million euros. In the same year, the funds arising from subrogation amounted to 1.7 million euros. Overall, in the period 1997–2003 the Fund paid out guaranteed entitlements to 47,000 beneficiaries for a total amount of more than 34 million euros. According to the 2001 Annual Report of the Fund, most payments to beneficiaries were made for unpaid salaries and other amounts due in respect of paid leave (58 per cent), 25 per cent of payments covered unpaid severance pay while 17 per cent of all payments covered claims for holiday pay. The Committee would appreciate if the Government would continue to supply detailed information on the operation, financing and management of the wage guarantee institution, including for instance the current rate of the employers’ compulsory contribution, the number of applications received, claims settled and sums paid per year, etc.