Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Article 5(c) of the Convention. Minimum period of service. Proportionate holidays. The Committee notes that, according to section 130(B) of the Labour Code, entitlement to paid annual holiday is acquired after a period of actual service of at least one month. However, it notes that section 130(A) provides that “workers acquire entitlement to paid annual holiday: (1) for the first time, upon completion of a year of service with the employer consisting of 12 calendar months; (2) thereafter, each time in the course of a contract that the worker completes a further year of service consisting of 12 calendar months”. The Committee understands that the minimum period of service giving entitlement to paid annual holiday is one year, and that the “actual service of one month” is the basis for reckoning the number of days’ holiday to which the worker is entitled (one and two-thirds working days per full month of actual work, that is 20 working days per full year of service). The Committee requests the Government to provide further details on this matter and in particular to indicate whether and to what extent workers who have not completed one year of service are entitled to proportionate holiday.