Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 132) sur les congés payés (révisée), 1970 - Lettonie (Ratification: 1994)

Article 4 of the Convention. Proportionate leave. The Committee recalls its previous comments, requesting the Government to specify how it is ensured in law and practice that employees whose length of service in any year is less than that required for the full entitlement to annual holiday with pay, that is, six months, receive paid leave proportionate to their length of service during that year. In its latest report, the Government refers to section 150(3) of the Labour Code as not only meeting the requirements of Article 4 but also establishing more favourable standards than those set out in the Convention. The Committee notes, however, that as it currently reads, section 150 does not address the issue of leave proportionate to length of service. In this connection, the Committee understands that according to the jurisprudence of the European Court of Justice (Case C 173/99), Article 7(1) of Council Directive 93/104/EC, which provides that every worker is entitled to paid annual leave of at least four weeks, does not allow a Member State to adopt national rules under which a worker does not begin to accrue rights to paid annual leave until he has completed a minimum period of uninterrupted employment with the same employer. The Committee accordingly requests the Government to take the necessary measures, legislative, or other, to ensure that holiday with pay proportionate to the length of service is granted to all employees whose length of service in any year is less than that required for the full entitlement to annual holiday with pay.