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

Holidays with Pay Convention (Revised), 1970 (No. 132) - Hungary (Ratification: 1998)

Article 5(4) of the Convention. Periods of incapacity to be counted as periods of service. The Committee notes the Government’s explanations that under section 115(1)(e) of the Labour Code, paid annual leave includes any duration of incapacity up to thirty days per calendar year, and therefore an employee is not entitled to leave for any period of temporary incapacity exceeding thirty days. The Committee wishes to observe, in this respect, that absences from work for reasons beyond the control of the worker, such as illness or injury should in principle be counted as part of the period of service – and therefore holiday should accrue during such absences – although the Convention gives the competent authority in each country a certain discretion to determine the specific conditions under which these absences are to be considered periods of service for the purpose of holiday entitlement. The Committee also calls attention to recent case law of the European Court of Justice (Case C-520/06) which has confirmed that employees on a long-term sick leave should be entitled to the same number of annual holidays as employees who are not ill. The Committee accordingly requests the Government to keep the Office informed of any steps taken or envisaged with a view to revising section 115(1)(e) of the Labour Code.

Article 6(2). Periods of incapacity not to be counted as annual holidays. Further to its previous comment, the Committee notes the Government’s indication that no holidays may be granted for periods of incapacity to work since according to section 55(1)(a) of the new Labour Code of 2012, employees are exempted from work duty if they are unfit to work. The Government further states that, in the event that an employee falls sick during his annual leave, the days off shall continue as sick leave while the remaining days of the interrupted holidays are not lost but may be used later. The Committee requests the Government to keep the Office informed of any further measures, administrative or others, to determine the conditions under which periods of temporary incapacity for work may not be counted as part of the minimum annual holiday (for example, the need to provide a medical certificate).