Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes with interest the amendments to the Labour Code introduced in November 2003, in particular the repeal of section 159, which excluded seasonal workers from the application of the general provisions of the Labour Code on paid annual leave. In addition, the Committee notes that section 173 of the Labour Code provides for ministerial regulations to specify detailed principles for granting annual leave. It requests the Government to indicate whether those regulations have already been issued, and if so, to transmit a copy.

Article 7, paragraph 3. Payment of cash equivalent of allowances in kind. The Committee notes that section 86(2) of the Labour Code allows for the partial payment of wages in the form of allowances in kind, only if it is so provided by a statutory provision of labour law or a collective labour agreement. To the extent, therefore, that payment of wages in kind is authorized and practised in the agricultural sector, the Committee asks the Government to specify whether any provision is made for the payment of the cash equivalent of allowances in kind in respect of annual holidays.

Part V of the report form. The Committee would appreciate if the Government would supply up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of infringements observed in matters of annual paid holidays and penalties imposed, copies of collective agreements containing clauses on annual paid leave for agricultural workers, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 is an outdated instrument and consequently States parties to this Convention should be invited to consider ratification of the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132, in respect of persons employed in agriculture, by a State party to Convention No. 101 involves the immediate denunciation of this instrument. The Committee considers that the ratification of Convention No. 132 is all the more appropriate since the legislation of Poland, which provides for 20 days of annual paid leave (increased up to 26 days for those employed more than ten years), is clearly more favourable than the provisions of Convention No. 101 and substantially reflects the requirements of Convention No. 132. The Committee therefore requests the Government to favourably consider the possibility of ratifying Convention No. 132 and undertaking any consequential legislative amendments that might be necessary, and to keep the Office informed of any decision taken or envisaged in this regard.