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Holidays with Pay Convention (Revised), 1970 (No. 132) - Republic of Moldova (RATIFICATION: 1998)

Article 4(1) of the Convention. Proportionate annual leave in case of insufficient length of service. The Committee previously noted that section 115 of the Labour Code does not provide for a proportionate holiday entitlement for a fraction of a working year, and requested the Government to indicate any measures to give effect to this provision of the Convention. The Committee notes that the Government report does not contain any relevant information in this regard. The Committee once again requests the Government to indicate any measures adopted or envisaged to give effect to this provision of the Convention.

Article 9(1). Postponement or accumulation of annual leave. In previous comments, the Committee noted that section 118(3) of the Labour Code allows annual leave to be transferred to the next working year, when the activity of the enterprise would so require, in which case the employee has the right to take the holidays of two consecutive years either combined or divided into parts. The Committee notes that this provision does not appear to be consistent with the Convention, which requires that an uninterrupted part of at least two weeks must be granted no later than one year after the end of the year in respect of which the holiday entitlement has arisen. The Committee notes that section 118(3) of the Labour Code has been revised by Law No. 157 of 2017, in order to provide that in case of postponement, at least 14 calendar days of paid annual leave shall be granted to the worker concerned, while the remaining part shall be granted before the end of the following year. The Committee takes note of this information, which addresses its previous request.