Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Belarus (Ratification: 2020)

The Committee takes note of the Government’s first report. It notes the relevant sections of the Labour Code implementing the Convention, in particular chapter 12, which provides for a minimum of 24 calendar days of paid annual leave, in conformity with Article 3.

Article 2 of the Convention. Scope of application. The Committee notes the information provided by the Government that the Convention applies to all employees, with the exception of persons who are obliged to reimburse expenditure by the State on providing for children in state care and, to that end, are employed under a court order. For these, the leave period is limited to seven calendar days, including maternity and childcare leave until the child is three years old, according to paragraph 14 of Decree 18 of 24 November 2006 on Additional Measures for the State Protection of Children in Dysfunctional Families. The Committee requests the Government to provide information on the consultation held with organizations of employers and workers concernedin establishing such exclusion.

Article 6(2) of the Convention. Exclusion of periods of incapacity for work from the period of annual holidays with pay. The Committee notes the information provided by the Government that the periods of temporary incapacity for work due to pregnancy and periods of maternity leave are not included in the number of days of annual leave and are not counted as part of it. However, the Committee also notes that the Labour Code does not contain any provision stipulating that periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay. The Committee requests the Government to provide information on the manner in which this Article of the Convention is given effect with regard to periods of incapacity for work resulting from sickness or injury.