Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Norway (Ratification: 1973)

Articles 6(2), 11 and 12 of the Convention. Days of incapacity due to illness not to be counted as part of annual leave – Prohibition to relinquish or forgo the right to an annual holiday with pay. The Committee recalls its previous comment in which it noted that section 9(1) of the Annual Holidays Act – which allows only for 12 working days to be transferred to the next holiday year in case annual leave cannot be taken for reasons of illness – is inconsistent with Article 6(2) of the Convention. In its reply, the Government states that it will take the necessary steps to amend the relevant provisions of the Annual Holidays Act and bring them into full conformity with Article 6 of the Convention. In addition, the Committee notes the Government’s reference to the latest amendments to the Annual Holidays Act, in particular section 11(2) which now provides that annual leave that is neither taken during the annual leave year nor transferred into the next annual leave year due to incapacity for work may give rise to financial compensation. The Committee recalls, in this connection, that the Convention permits untaken leave to be replaced by cash compensation only in the case of termination of employment. The Committee notes, in this connection, that the EFTA Surveillance Authority in a letter of formal notice, dated 23 September 2011, has concluded that sections 9(1) and 11(2) of the Annual Holidays Act are not fully consistent with the Working Time Directive 2003/88/EC. The Committee accordingly requests the Government to take the necessary measures to give full effect to the requirements of Articles 6(2), 11 and 12 of the Convention and to transmit a copy of any amended provisions of the Annual Holidays Act once they have been adopted.