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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work), 52 (holidays with pay) and 171 (night work) together.

A. Hours of work

Article 2 of Convention No. 1. Daily and weekly limits on the hours of work. Shift work. Transport sector. The Committee notes that pursuant to section 13(1) of the Working Time in Transport Act, shifts are fixed at 15 hours for employees in railway transport and at 13 hours for train drivers. The Committee also notes that 10 daily working hours are permitted under section 26(1) of the Working Time in Transport Act for drivers working in passenger transport. The Committee observes that the abovementioned Act does not seem to contain a clear weekly limit to working hours for employees in railway transport. The Committee also recalls that the Convention establishes a double cumulative limit on normal working hours of eight hours per day and 48 hours per week, and that where persons are employed in shifts it shall be permissible to employ them in excess of eight hours in any one day and 48 hours in any one week, if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week (Article 2(c)).The Committee requests the Government to indicate in which manner it ensures that the requirements of the Convention concerning daily and weekly working hours are applied to railway transport employees, train drivers and passenger transport drivers.

B. Annual paid leave

Article 1 of Convention No. 52. Application of the Convention to the civil service and workers performing public functions. The Committee notes that, pursuant to section 2 of the Labour Code, the provisions of the Labour Code apply to the civil service and to workers performing public functions only where it is specified by special regulation. The Committee requests the Government to indicate the manner in which the Convention applies to workers in the civil service and performing public functions, including by specifying whether those workers are covered by the provisions of the Labour Code.

Article 4. Prohibition to relinquish or forgo the right to annual holidays with pay. Following its previous comments, the Committee notes the Government’s indication that section 116(3) of the Labour Code does not allow for cash compensation in lieu of holidays in situations other than the termination of employment. The Committee takes note of this information, which addresses its previous request.

C. Night work

Article 2 of Convention No. 171. Application of the Convention to the civil service and workers performing public functions. The Committee notes that, pursuant to section 2 of the Labour Code, the provisions of the Labour Code apply to the civil service and to workers performing public functions only where it is specified by special regulation. Accordingly, the Committee requests the Government to indicate the manner in which the Convention is applied to workers in the civil service and performing public functions when they are considered night workers or when they perform night work, including by specifying whether those workers are covered by the Labour Code.

Article 6(2). Persons permanently unfit for night work. Following its previous comments on this matter, the Committee notes the Government’s indication in its report, that workers permanently unfit for night work, and whose transfer to a similar position for which they are fit proves impracticable, are entitled to receive the same benefits as any other worker, in line with the principle of non-discrimination set out in the Anti-discrimination Act (365/2004). In addition, the Government indicates that entitlement to unemployment benefit, sickness or disability benefit, is regulated by the Act on Social Insurance (461/2003) and is based on the payment of regular contributions to the system of social insurance, which ensures equal treatment between persons who have been found unfit for night work and other workers who are unable to work or to secure employment. The Committee takes note of this information, which addresses its previous request.

Article 9. Social services. Following its previous comments on measures taken to give effect to Article 9, the Committee notes the Government’s reference to the employers’ obligation to take measures related to occupational safety and health, as well as to Part Seven of the Labour Code on the provision of catering, living conditions and recreation for workers. The Government further indicates that the implementation of those rules is handled at the undertaking level, with each employer identifying how to implement those provisions according to their needs. The Committee requests the Government to continue to provide informationon any developments regarding measures taken, in law or in practice, on the provision of appropriate social services to night workers.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4 of the Convention. Prohibition to relinquish or forgo the right to annual holidays with pay. In its previous comment, the Committee had noted 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, which is not in compliance with Article 4 of the Convention, under which any agreement to relinquish the right to annual holiday should be void. The Committee once again requests the Government to bring its legislation into conformity with the Convention on this point.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 uptodate information on the nature and amount of penalties currently applicable, and transmit copies of any relevant legal text not previously communicated.

Part V of the report form. Application in practice. The Committee notes that the Government has not provided since the date of the ratification of the Convention any general information on the manner in which the Convention is applied in practice. It therefore requests the Government to provide in its next report all available information in this regard, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number and nature of contraventions reported and sanctions imposed, copies of collective agreements containing clauses on annual leave, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 52 should be classified as an outdated instrument and consequently States parties to this Convention should be invited to consider ratification of the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a State which is a party to Convention No. 52 involves the immediate denunciation of that instrument. The ratification of Convention No. 132 is all the more advisable as the legislation of Slovakia, which provides for annual paid leave of four weeks, appears to be in substantial conformity with the requirements of that instrument. The Committee therefore requests the Government to favourably consider the possibility of ratifying Convention No. 132, and to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee asks the Government to provide further information on the following point.

Article 2, paragraph 3(a), of the Convention. According to sections 1 and 2 of Act No. 241/1993, certain public holidays are regarded as annual holidays. On the other hand, section 112(3) of the Labour Code (Act 311/2001, as amended by Act 165/2002), prohibits to count as annual holidays only public holidays falling on a day which otherwise would be a normal working day. The Committee points out that, according to Article 2, paragraph 3(a), of the Convention, the prohibition to include any public and customary holidays, whether falling on usual working days or not, in the annual holidays with pay is absolute. The Committee requests the Government to indicate whether the public holidays provided for under Act No. 241/1993 are holidays to be granted in addition to the minimum annual holidays with pay (section 103(1) of the Labour Code). If so, please adjust the relevant legislation, or, if not, please indicate the measures taken or envisaged to ensure full compliance with the Convention in this respect.