Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 132) sur les congés payés (révisée), 1970 - Croatie (Ratification: 1991)

Autre commentaire sur C132

Demande directe

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2019

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The Committee notes with regret 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 comments.

Repetition
Article 6(2) of the Convention. Days of incapacity because of illness or injury not to be counted as part of annual holidays. The Committee notes that under section 55(1) of the Labour Act, the worker has the right to take annual leave which was interrupted or not taken in the calendar year in which it was granted because of illness, by 30 June of the following year. The Committee recalls, in this connection, that the Convention requires that any period of annual paid leave which may not be taken because of sickness or injury be deferred but not lost, or compensated (except in case of termination of employment). It therefore requests the Government to explain how it is ensured in law and practice that any unused leave for reasons of illness which may not be taken before 30 June of the following year is not lost but postponed. The Committee notes that the Court of Justice of the European Communities (Case C-350/06) has reaffirmed the inalienable character of the workers’ right to annual holiday with pay – making express references to relevant provisions of ILO Convention No. 132 – and has clearly established that an employee who has not had the opportunity to take the leave cannot have the leave extinguished even if any carry-over period has expired.