Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay Convention, 1936 (No. 52) - Tajikistan (Ratification: 1993)

The Committee notes that the Government’s report replies only partially to its previous comments. It hopes that the Government will provide full information in its next report on the matters raised below.

Article 2, paragraph 1, of the Convention. Minimum duration of annual holiday with pay. The Committee notes that, under section 96 of the Labour Code, workers on annual holiday with pay may, with their agreement, be called back to work, with the balance of holiday to be taken at the worker’s convenience during the same year or the following year. Emphasizing that, under Article 2, paragraph 1, of the Convention, workers must enjoy annual holidays with pay of at least six working days, the Committee requests the Government to provide information on the conditions under which workers may be called back to work during their annual holiday with pay. It also requests the Government to indicate the manner in which a minimum holiday of six working days is ensured for workers in these circumstances.

Article 2, paragraph 4. Postponement of annual holiday with pay. Further to its previous comments, the Committee notes that section 92 of the Labour Code authorizes the postponement of annual holiday with pay in the limited circumstances listed, namely on the worker’s initiative due to his temporary incapacity for work, his civic obligations or the failure to pay the remuneration applicable to the holiday, exceptionally where the worker’s absence could be detrimental to the normal operation of the establishment or in the cases determined by the legislation and regulations in force. In this regard, the Committee wishes to recall that, although the Convention does not contain any provisions relating expressly to the postponement of holiday, consideration is to be given to Article 2, paragraph 4, of the Convention, which provides that the annual holiday with pay may be divided into parts provided that workers are guaranteed a holiday of at least six working days during the year. Consequently, given that the Convention, as emphasized by the Committee in paragraph 177 of its General Survey of 1964 on annual holiday with pay, aims to ensure that workers receive at least part of their holiday in the course of the year so that they may benefit from a minimum rest period and leisure time, the Committee requests the Government to provide more detailed information on the conditions applicable to postponement of the annual holiday with pay and, in particular, on the maximum period of holiday which may be postponed. It also requests the Government to indicate the cases provided for by the national legislation or regulations which, in accordance with section 92 of the Labour Code, would justify a postponement of the annual holiday with pay.

Article 8. Sanctions. The Committee notes that, under section 228 of the Labour Code, sanctions established by the national legislation are imposed in the case of failure to comply with the labour legislation. The Committee requests the Government to indicate the legal or other provisions which establish sanctions specifically applicable to violations of the rules relating to annual holiday with pay, as well as the nature of these sanctions and, if applicable, to provide a copy of the relevant provisions.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, details on the number of workers covered by the legislation as well as extracts from the reports of the inspection services indicating the number and nature of violations reported and sanctions imposed, etc. It also requests the Government to provide a copy of Presidential Decree No. 802 of 1 September 1997 and of the Government decision of 25 December 1997 taken under this Decree.

Finally, the Committee wishes to draw the Government’s attention to the fact that, on the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 52 was outdated and invited the States parties to this Convention to examine the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not regarded as being fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in economic sectors other than agriculture by a State party to Convention No. 52 involves ipso jure the immediate denunciation of this Convention. This move seems all the more appropriate as the legislation of Tajikistan, which provides for a basic annual holiday with pay of 24 calendar days (as well as extended and additional holiday for certain categories of workers of up to 56 calendar days), is clearly more favourable than the requirements of this Convention and seems to reflect most of the requirements of Convention No. 132. The Committee requests the Government to envisage ratifying Convention No. 132 and adopting any legislative amendments which might be necessary, and to keep the Office informed of any decision it might take in this regard.