Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the adoption of the new Labour Code of 25 May 2006 and wishes to draw the Government’s attention to the following points.

Article 2, paragraph 3(b), of the Convention. Sick leave not to be included in the annual leave. The Committee notes that while section 22(4) of the new Labour Code provides that leave granted for a period of temporary incapacity to work, pregnancy or child delivery, childcare and adoption of a child may not be counted as part of the annual leave, the Public Service Act appears to be silent on this point. It would appreciate if the Government would explain how this provision of the Convention is given effect in respect of public servants.

Article 4. Prohibition of agreements to relinquish the right to annual leave. The Committee notes that contrary to section 67(4) of the previous Labour Code of 1973, the new Labour Code does not appear to contain express provisions on this point. It therefore asks the Government to explain how it is ensured in law and practice that any agreement to relinquish the right to an annual holiday with pay, or forgo such a holiday, is null and void, as required under this Article of the Convention.

Article 6. Remuneration for unused leave in case of termination of employment. The Committee notes that contrary to section 67(4) of the previous Labour Code, both the new Labour Code and the Public Service Act do not appear to contain any provisions on this point. It therefore asks the Government to specify the legal or administrative provisions giving effect to this Article of the Convention.

Article 7. Record-keeping on annual holidays with pay. The Committee notes that the new Labour Code appears to be silent on this point. It therefore asks the Government to explain how it is ensured in law and practice that every employer keeps in a standard form a detailed record of the annual holidays taken by each person employed by him/her, including dates of leave and remuneration received, as required under this Article of the Convention.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the labour force. It would appreciate if the Government would continue to transmit 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, extracts from reports of the law enforcement agencies, which replaced the labour inspectorate in ensuring compliance with the labour legislation, showing the number and nature of contraventions reported, copies of collective agreements containing clauses on annual holidays with pay, etc.

Finally, the Committee once again wishes to draw the Government’s attention to the fact that Convention No. 52 is now considered to be an outdated instrument and States parties to it are invited to ratify the more recent Convention No. 132 on the same subject matter. The acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a State which is a party to Convention No. 52 involves the immediate denunciation of the latter. The ratification of Convention No. 132 appears to be all the more desirable as the legislation of Georgia, which provides for paid annual leave of 24 working days, is in conformity with the provisions of Convention No. 132, which sets the minimum duration of paid annual leave at three working weeks for one year of service. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.