Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Czechia (Ratification: 1996)

The Committee notes the Government’s report for the period ending 30 September 2000. It also notes that several amendments to Act No. 65/1965 (Labour Code) and Government Decree No. 108/1994 implementing the Labour Code have become effective as of 1 January 2001. The Committee requests the Government to provide additional information, in its next report, on the following points.

Article 2 of the Convention. According to the Government’s report, no categories of employees are excluded from the application of the Convention. Please inform the Committee of any changes due to other statutory provisions, as permitted in sections 5 and 6(1) of the Labour Code.

Article 5, paragraph 4, and Article 6, paragraph 2. The Committee notes that in section 40(2) of Government Decree No. 108/1994, among others, incapacity for work as consequence of injury at work or occupational disease for which the legal entity or the employer is responsible, shall not be regarded as performance of work for the purpose of annual holidays. According to section 40(1)(b) of the Government Decree, annual leave shall be considered as performance of work. The Committee would recall that Article 5, paragraph 4, of the Convention stipulates that any absence from work for reasons beyond the control of the employed person such as illness, injury or maternity (not only occupational accidents and diseases), shall be counted as part of the period of service, and that Article 6, paragraph 2, of the Convention lays down that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay prescribed in Article 3, paragraph 3, of the Convention, i.e. at least three working weeks for one year of service. Section 40(1)(b) and (2) of Government Decree No. 108/1994, in conjunction with its annex, does not fully comply with these provisions of the Convention. The Government is requested to indicate measures taken or envisaged to ensure that effect is given to the Convention in this respect.

Articles 11 and 12. The Labour Code permits compensation in lieu of holidays in cases enumerated under section 110b. Of those, only compensation in case of termination of employment (section 110b(2)(c) of the Labour Code) appears to be consistent with the Convention. The cases laid down in section 110b(2)(a) and (b), (3) and (4) of the Labour Code might as a result waive the right to annual holidays with pay (see also section 242(1)(c) of the Labour Code). The Government is requested to bring the legislation in line with the Convention on these points and to report on any progress made.