Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Article 2 of the Convention. The Committee notes that, despite the Government’s announcement in previous years, the ministerial order concerning domestic employees’ annual holiday has not yet been adopted. According to the Government’s indication, the annual leave provisions of the Labour Code apply in practice to domestic workers in accordance with the labour contracts, which are reviewed by the Ministry.

Taking into consideration that section 3, paragraph 2, of the Labour Code (Act No. 5 of 1995) expressly excludes household servants and workers of equivalent status from the provision of this Code, the Committee underlines that an order of the Council of Ministers, as foreseen under section 4 of the Labour Code, guaranteeing domestic employees paid annual leave would be the appropriate and, also, the most effective way to ensure that domestic employees have the legal right to paid annual holiday.

The Committee trusts the Government will ensure in the very near future that domestic employees have a legal claim to paid annual holiday in accordance with the provisions of the Convention.