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

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

Articles 3(3), 5(2), 8(2) and 10 of the Convention. Annual holiday with pay – Implementing measures. The Committee recalls its previous comment, in which it noted that numerous provisions of the Convention are not given full effect by the Consolidation of Labour Laws (CLT) and that little tangible progress appears to have been made since 2003, when the Government had indicated its intention to review its labour legislation through a National Labour Forum. In its latest report, the Government does not provide any further information on measures taken with regard to most of these points. The Committee is therefore obliged to draw the Government’s attention once more to the aspects of the Convention that do not appear to be fully implemented: (i) unjustified absences may be deducted from the minimum qualifying period of service giving entitlement to holidays but should not affect the duration of annual holidays (Article 3(3)); (ii) the minimum period of service required for entitlement to annual holidays should not in any case exceed six months (Article 5(2)); (iii) when divided into parts, one part of the holiday period should consist of at least two uninterrupted working weeks (Article 8(2)); and (iv) the employed persons concerned or their representatives should be consulted before the timing of holidays is determined (Article 10). In the absence of any new developments, the Committee hopes that the Government will take active steps in order to bring the national legislation fully into conformity with the requirements of the Convention.

Article 6(2). Incapacity for work due to sickness or injury not to be counted as part of the annual leave. The Committee notes that, contrary to the Government’s previous statement that section 130(1) of the CLT – providing that periods of absence from work may not be counted as part of the holiday – should be considered as repealed, the Government’s latest report indicates that section 130(1) should not be repealed as it is favourable to the worker. However, the Committee also recalls the information provided by the Government in an earlier report that holidays with pay are neither interrupted nor suspended in the case of sickness arising during the holiday period. The Committee accordingly requests the Government to provide further clarifications in this respect.