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

The Committee notes the adoption of Act No. 103/07 (OGRS) which amends the Act of 2002 on labour relations. It also notes the information provided by the Government concerning the application of Article 3 of the Convention (duration of annual holiday with pay).

Article 10 of the Convention. Determination of the timing of the holiday. The Committee notes the Government’s indication that the period during which holidays must be taken is determined according to the requirements of various activities. The employer can therefore approve, on a case-by-case basis according to workers’ requests, the period during which holidays will be taken, taking account of the imperatives of the activity concerned, or agree on a period with the trade unions within the enterprise by means of collective agreements or in accordance with the legislation in this field. The Committee also notes that Act No. 103/07 entitles workers to: (i) take a day’s holiday on the day of their choice, on condition that the employer is informed three days in advance; and (ii) take a week’s holiday, in the case of workers who have children attending school, during the two summer months (July and August). The Committee notes the observations made by the Association of Free Trade Unions of Slovenia (ZSSS), drawing attention to a phenomenon which occurred in 2006 and 2007, namely pressure exerted on workers to dissuade them from taking their annual holiday during the school holidays, with workers who took their holiday in June or September receiving higher pay related to performance. The Committee requests the Government to send any comment which it considers relevant in reply to the observations made by the ZSSS.

Part V of the report form. Practical application. The Committee notes the detailed information supplied by the Government concerning infringements reported in relation to the granting, payment and compensation of annual holidays, for the period from 2003 to 31 May 2008. It also notes the indication from the ZSSS to the effect that staff numbers in labour inspection are inadequate since there are only 82 inspectors for more than 100,000 economic entities. The Committee requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number of infringements reported in relation to annual holidays with pay and the penalties imposed, information on the number of persons covered by the legislation, copies of collective agreements containing provisions relating to annual holidays with pay, or any other relevant information in this area.