Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee requests the Government to refer to the comments that it has made under Convention No. 52, as follows:

The Committee notes the adoption of Legislative Decree No. 713 of 7 November 1991 and Supreme Decree No. 012-92-TR of 2 December 1992 on paid rest for workers in private activities.

Article 1, paragraph 1, of the Convention. Act No. 9049 of 13 February 1940 (repealed by Legislative Decree No. 713) granted workers in public and private enterprises, 30 days of annual holiday with pay. Since Legislative Decree No. 713 apparently applies only to workers in private employment, the Committee requests the Government to indicate what legislative provisions govern annual holidays with pay to workers in public undertakings and establishments, and to supply a copy of this legislation in the near future.

Article 2, paragraph 2. The Committee requests the Government to indicate in its next report what legislation grants young workers the right to annual holidays and hopes that the Government will transmit the relevant text to the Office. It also trusts that the Government will ensure that in practice, young workers receive annual holidays with pay of at least 12 working days after one year of continuous service.

Article 2, paragraph 3(b). Section 13 of Legislative Decree No. 713 states that annual holidays shall not be granted when the worker is disabled due to sickness or an accident, unless such disability occurs during holiday leave. The Committee draws the Government's attention to Article 2, paragraph 3(b), of the Convention which requires employers not to include interruptions of attendance at work due to sickness in a worker's annual holidays with pay. It requests the Government to indicate whether such absences which occur during holidays are deducted from annual paid leave.