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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 4 of the Convention. Prohibition to relinquish or forgo the right to annual holidays with pay. The Committee notes with interest that section 116(3) of the Labour Code (Act No. 311/2001 Coll.), as amended, permits cash compensation in lieu of holidays in cases other than the termination of employment and thus appears to be inconsistent with the Convention to the extent that it might as a result waive the right to annual holidays with pay. The Committee therefore requests the Government to take the necessary measures in order to bring its legislation in line with the Convention on this point and to keep the Office informed of any progress made in this regard.

Article 7. Record keeping. The Committee notes that under section 130(5) of the Labour Code, an employer is obliged to issue a written statement for an employee containing information on the individual components of the wages. It also notes that according to a Government’s earlier report, these wage statements contain information on the days worked, the claims made for annual holidays, the dates of annual holidays taken and the holiday pay. The Government further adds that there exist standard forms for maintaining those wage records. The Committee would appreciate receiving copies of the standard wage statement forms currently in use.

Article 8. Sanctions. The Committee notes that under section 17(1) of Act No. 95/2000 Coll. on labour inspection, a fine of up to 1,000,000 Slovak crowns (no longer in use) is provided for non-observance of the labour legislation. The Committee would therefore be grateful if the Government would provide up to date information on the nature and amount of penalties currently applicable, and transmit copies of any relevant legal text not previously communicated.