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

Holidays with Pay Convention (Revised), 1970 (No. 132) - North Macedonia (Ratification: 1991)

The Committee notes the Government’s first report on the application of the Convention and wishes to draw its attention to the following points.

Article 3, paragraph 1, of the Convention. Length of annual leave. The Committee notes that under section 142 of the Labour Relations Law (Official Gazette No. 62/05), as amended, the length and manner of granting annual leave in the institutions in the field of education and science is provided for in regulations in the education and science sector. The Committee requests the Government to provide additional information in this respect, including a copy of the relevant regulations. In addition, the Committee notes the Government’s reference to the general collective agreements for the private and the public sectors which contain more detailed clauses on the criteria for calculating the length of annual leave. As these texts are not available at the Office, the Committee would appreciate receiving copies.

Article 5, paragraph 4. Absence from work counted as part of the period of service. The Committee notes that the Government’s report is silent on this point. The Committee therefore requests the Government to provide clarification in this respect.

Article 7, paragraph 2. Holiday pay. The Committee notes that there seems to exist no legislative provision requiring holiday pay to be remitted to the person concerned in advance of the holiday. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention.

Article 9, paragraph 2. Postponement and accumulation of paid holiday. The Committee notes that the Labour Relations Law does not provide for the possibility of postponing or accumulating annual leave. The Committee would appreciate if the Government would provide clarification in this respect.

Article 15, paragraph 2. Scope of application. The Committee notes that the Government’s report does not specify whether the obligations of the Convention are accepted in respect of employed persons in economic sectors other than agriculture, in respect of employed persons in agriculture, or in respect of employed persons in all sectors, including agriculture. The Committee therefore requests the Government to provide additional explanations in this regard, as required under this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services and, if such statistics are available, information on the number of persons covered by the relevant legislation, the number and nature of contraventions reported, etc.