Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Sint Maarten

Other comments on C101

Direct Request

2021
2013

Replies received to the issues raised in a direct request which do not give rise to further comments

2022

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Article 3 of the Convention. National laws or regulations and other implementing measures. The Committee notes the Government’s reference to the Labour Regulations 2000 which, however, does not contain any provisions on annual holidays with pay and, in any event, excludes farmers from its scope of application. The Committee understands that the labour legislation previously applicable to the Netherlands Antilles have been taken on by the new administration, which might include the Vacation Regulation 1949. If this is the case, the Committee notes that under the Vacation Regulation the right to annual paid leave is lost if the worker has been absent from work for a period of at least six months due to sickness or accident. In this respect, the Committee wishes to recall that according to the letter and the spirit of this Convention, any period of annual paid leave, which may not be taken (for instance due to sickness or injury), should be deferred but not lost, in whole or in part, or compensated (except in the case of termination of employment). In addition, the Committee understands that a similar provision was found in the legislation applicable to the European Part of the Kingdom of the Netherlands but has recently been modified to permit an employee to acquire full annual leave even in the case of long-term sickness. The Committee accordingly requests the Government to clarify the current status of the Vacation Regulation 1949 and also to provide additional explanations on the circumstances under which the entitlement to annual holidays with pay may be lost.