Holidays with Pay Convention (Revised), 1970 (No. 132) - Iraq (Ratification: 1974)

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

Article 2 of the Convention. Scope of application. The Committee understands that in January 2014, new discussions have been initiated before the Iraqi Parliament in order to adopt the new Labour Code and that they are still pending. However, it further notes that this new text covers only the private sector and makes no reference to the public sector. In this connection, the Committee draws the Government’s attention to Article 2(1) of the Convention, which expressly states that the Convention applies to all employed persons, with the exception of seafarers. The Committee therefore requests the Government to provide in its next report clarifications on how the new Labour Code will give effect to this Article of the Convention.

Article 12. Prohibition to forgo annual holidays for monetary compensation. The Committee notes that section 72(3) of the draft Labour Code, as communicated to the International Labour Office in July 2010, continues to permit monetary compensation in lieu of annual leave in case the employer refuses to grant such leave and, accordingly, would not be in line with the requirements of the Convention. The Committee recalls, in this respect, that the Convention prohibits annual holiday from being replaced by cash compensation (except in case of termination of the employment relationship) so as to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being. The Committee therefore requests the Government to ensure that the new Labour Code will guarantee the effective exercise of the right to annual paid holidays for workers, irrespective of any cash compensation paid by the employer.

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

Article 12 of the Convention. Prohibition to forgo annual holidays for monetary compensation. The Committee notes that section 72(3) of the draft new Labour Code, in its version communicated to the International Labour Office in July 2010, has not yet been brought into line with the requirements of the Convention, as it permits monetary compensation in lieu of annual leave in case the employer refuses to grant such leave. The Committee recalls, in this connection, that the Convention prohibits the annual holiday to be replaced by the payment of cash compensation (except in case of termination of the employment relationship) in order to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being. The Committee therefore requests the Government to take the necessary steps to ensure that the new Labour Code, which is now at its final stage of preparation, guarantees that workers do not lose their holiday entitlement, even if they do not exercise it, irrespective of any cash compensation paid by the employer.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 6(1) of the Convention. Public holidays not to be counted as part of the annual holidays. In its previous comments, the Committee requested the Government to take appropriate action to ensure that the Labour Code gave effect to this Article of the Convention. The Committee notes that section 68(3) of the draft new Labour Code, as it reads in the text that was transmitted to the Office in July 2010, provides that feast days and official holidays falling during the worker’s leave shall not be included in the annual leave and, therefore, is fully consistent with Article 6(1) of the Convention. The Committee hopes that this provision will be adopted without modification and requests the Government to keep the Office informed of any progress in the process of adoption of the new Labour Code.

Articles 9 and 12. Postponement of annual holidays. Prohibition to forego annual holidays for monetary compensation. The Committee has been drawing the Government’s attention for a number of years to section 73(3) of the Labour Code of 1987 which provides that in case a worker is unable to take his/her annual leave with pay as a result of the employer’s refusal to grant it, the worker must receive a compensation equivalent to his/her full wages for the leave period. The Committee understands that no progress has been made on this point as section 72(3) of the draft new Labour Code, as it reads in the text that was communicated to the Office in July 2010, essentially reproduces the provision in question, while draft section 72(2) also provides for the possibility of offering cash compensation in lieu of annual holidays the worker has been deprived of. As the Committee has pointed out on a number of occasions, and as it was recalled by the Office in its technical comments transmitted to the Government in July 2010, such provisions are contrary to the Convention which prohibits the replacement of the minimum three working weeks’ annual leave by cash compensation except in the case of termination of employment. Noting that the draft new Labour Code is now before Parliament for examination and adoption, the Committee hopes that the Government will seize the opportunity in order to bring its legislation into conformity with the requirements of the Convention in this respect. Finally, the Committee requests the Government to provide detailed information on any measures taken or envisaged to ensure that Public Service Act No. 24 of 1960, in particular sections 43(3), 45(1), 48(10) and 49, have been amended in order to be brought into line with the requirements of Article 9 (postponement and accumulation of annual holidays) and Article 11 (proportional period of annual holidays in the event of termination of employment) of the Convention.

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

Article 2, paragraph 1, of the Convention. Scope of application – employees in the public service. The Committee welcomes the fact that, after nine years of interruption, the Government is once again in a position to take up its dialogue with the Organization’s supervisory bodies. It recalls that for 20 years it has been drawing the Government’s attention to the amendments to be made to the provisions of Act No. 24 of 1960 respecting the public service which are contrary to Articles 9 (postponement and accumulation of part of the annual holiday) and 11 (proportional period of holiday with pay in the event of the termination of the employment relationship) of the Convention. The Committee once again recalls that the Convention applies to all employed persons, with the exception of seafarers, and therefore urges the Government to take the necessary measures without further ado to bring Act No. 24 of 1960 respecting the public service, and particularly sections 43(3), 45(1), 48(10) and 49, into conformity with the provisions of the Convention.

Article 6, paragraph 1. Exclusion of public and customary holidays from being counted as part of the minimum annual holiday with pay. With reference to the Labour Code that is currently in force (Act No. 71 of 1987), the Committee recalls its previous comments in which it drew the Government’s attention to the absence of a provision establishing that public and customary holidays shall not be counted as part of the annual holiday with pay. In this respect, the Committee understands that a draft new Labour Code is currently at an advanced stage of consultation and is being finalized. It notes that section 66(4) of the draft Labour Code of 2007, a copy of which was communicated to the Office, provides that public holidays that coincide with the worker’s leave shall not be deducted from the annual holiday. The Committee recalls that under the terms of Article 6(1) of the Convention, public and customary holidays shall not be counted as part of the minimum annual holiday with pay. The Committee hopes that the Government will take its comments into account when examining possible amendments to the draft Labour Code and once again requests it to take the necessary measures in order to bring the existing Labour Code into conformity with the Convention.

Article 8, paragraph 2. Division of the annual holiday with pay. The Committee notes with interest that Act No. 17 of 2000 amends section 69 of the Labour Code, on which it had commented for several years. It notes that section 9 of the above Act provides that, where the annual holiday is divided, one of the parts shall consist of at least 14 uninterrupted days, in accordance with Article 8(2) of the Convention.

Article 9, paragraph 1. Time at which parts of the holiday are to be taken and postponement of the holiday. The Committee refers to its previous comments and notes that the Government has not reported any progress on this point. It recalls that the possibility for the worker to claim compensation in the event of the deferral of part of the holiday under the conditions set out in section 73(3) of the Labour Code is contrary to this provision of the Convention. However, it notes that section 69(2) of the draft Labour Code of 2007, referred to above, would give effect to this provision. The Committee therefore hopes that the Government will take its comments into account when examining any amendments to the draft Labour Code and once again requests it to take the necessary measures in order to bring the existing Labour Code into conformity with the Convention. The Committee further requests the Government to keep the Office informed of any developments relating to the adoption of the draft Labour Code.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows:

1.  The Committee has taken note of the Government’s last report and of the information given in it in answer to its previous observation. It notes with regret that the Government once again confines itself to repeating the information provided in earlier reports. The Committee trusts that the Government will provide fuller and more detailed information in its next report on the following points on which the Committee has commented for many years.

2.  With regard to the need to bring Act No. 24 of 1960 concerning the public service into conformity with the provisions of the Convention:

(a)  Article 2, paragraphs 2 and 3, of the Convention.  The Committee notes that the Government did not indicate in its first report whether it intended to avail itself of the possibility provided under paragraph 2 of the Convention of excluding public service employees from the application of the Convention. The Committee also notes that the Government has for a number of years simply stated, without providing any other information, that in the view of the competent authority (the Ministry of Finance), the Convention is not applicable to officials in the public service covered by the provisions of Act No. 24 of 1960. In this regard, the Committee recalls that the possibility of excluding from the application of the Convention limited categories of employed persons carries with it, under the terms of paragraph 3, an obligation to specify the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee therefore requests the Government to indicate how it proposes to apply this provision of the Convention.

(b)  Article 9, paragraph 1.  The Committee notes that sections 43(3) and 48(3) of Act No. 24 of 1960 allow officials to accumulate up to 180 days of leave, and other public servants 100 days of leave. The Committee draws the Government’s attention to the fact that, under the terms of this Article of the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, from the end of the year in which the holiday entitlement arises.

(c)  Article 11.  The Committee notes that, upon termination of the employment relationship following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to have any paid leave entitlement proportional to their length of service or any entitlement to financial compensation. The Committee notes that the same principle applies to school employees who terminate their service during the first half of the school year (section 48(10) of Act No. 24 of 1960). The Committee wishes to recall that, under the terms of the present Article of the Convention, any employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportional to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

3.  With regard to the need to bring the leave provisions contained in the Labour Code (Act No. 71 of 1987) into conformity with the Convention:

(a)  Article 6, paragraph 1.  There appear to be no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays are not counted as part of the three weeks’ annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government’s attention to the fact that the provisions of the Convention are not self-executing. It would therefore be better to bring national legislation explicitly into harmony with the provisions of the Convention in order to avoid any uncertainty regarding the state of the law.

(b)  Article 8, paragraph 2.  The Committee notes that, under the terms of article 69(2) of the Labour Code, only six continuous days of leave must be taken at one time when the leave has been divided. The Committee recalls that, under Article 8, paragraph 2, when the annual holiday with pay is broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks, unless otherwise provided in an agreement between the employer and the employee.

(c)  Article 9, paragraph 1.  The Committee notes that, in the event of the deferral of a part of the holiday under the conditions set out in section 73(3) of the Labour Code, the worker is entitled to compensation. In this respect, the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday should be granted and taken no later than 18 months from the end of the year in which the holiday entitlement arises.

4.  The Committee trusts that the Government will take the necessary measures in the near future to bring all its legislation into conformity with the fundamental provisions of the Convention and asks the Government to keep the ILO informed of any relevant developments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee has taken note of the Government's last report and of the information given in it in answer to its previous observation. It notes with regret that the Government once again confines itself to repeating the information provided in earlier reports. The Committee trusts that the Government will provide fuller and more detailed information in its next report on the following points on which the Committee has commented for many years.

2. With regard to the need to bring Act No. 24 of 1960 concerning the public service into conformity with the provisions of the Convention:

(a) Article 2, paragraphs 2 and 3, of the Convention. The Committee notes that the Government did not indicate in its first report whether it intended to avail itself of the possibility provided under paragraph 2 of the Convention of excluding public service employees from the application of the Convention. The Committee also notes that the Government has for a number of years simply stated, without providing any other information, that in the view of the competent authority (the Ministry of Finance), the Convention is not applicable to officials in the public service covered by the provisions of Act No. 24 of 1960. In this regard, the Committee recalls that the possibility of excluding from the application of the Convention limited categories of employed persons carries with it, under the terms of paragraph 3, an obligation to specify the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee therefore requests the Government to indicate how it proposes to apply this provision of the Convention.

(b) Article 9, paragraph 1. The Committee notes that sections 43(3) and 48(3) of Act No. 24 of 1960 allow officials to accumulate up to 180 days of leave, and other public servants 100 days of leave. The Committee draws the Government's attention to the fact that, under the terms of this Article of the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, from the end of the year in which the holiday entitlement arises.

(c) Article 11. The Committee notes that, upon termination of the employment relationship following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to have any paid leave entitlement proportional to their length of service or any entitlement to financial compensation. The Committee notes that the same principle applies to school employees who terminate their service during the first half of the school year (section 48(10) of Act No. 24 of 1960). The Committee wishes to recall that, under the terms of the present Article of the Convention, any employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportional to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

3. With regard to the need to bring the leave provisions contained in the Labour Code (Act No. 71 of 1987) into conformity with the Convention:

(a) Article 6, paragraph 1. There appear to be no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays are not counted as part of the three weeks' annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government's attention to the fact that the provisions of the Convention are not self-executing. It would therefore be better to bring national legislation explicitly into harmony with the provisions of the Convention in order to avoid any uncertainty regarding the state of the law.

(b) Article 8, paragraph 2. The Committee notes that, under the terms of article 69(2) of the Labour Code, only six continuous days of leave must be taken at one time when the leave has been divided. The Committee recalls that, under Article 8, paragraph 2, when the annual holiday with pay is broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks, unless otherwise provided in an agreement between the employer and the employee.

(c) Article 9, paragraph 1. The Committee notes that, in the event of the deferral of a part of the holiday under the conditions set out in section 73(3) of the Labour Code, the worker is entitled to compensation. In this respect, the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday should be granted and taken no later than 18 months from the end of the year in which the holiday entitlement arises.

4. The Committee trusts that the Government will take the necessary measures in the near future to bring all its legislation into conformity with the fundamental provisions of the Convention and asks the Government to keep the ILO informed of any relevant developments.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments, the Committee notes the Government's statement in its latest report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials in the public service covered by the provisions of Act No. 24 of 1960. The Committee observes that the Government has been making this statement for several years despite the Committee's comments that the Convention applies to persons employed in the public service unless the Government specifically excludes them from the scope of the Convention. It therefore must once again emphasize that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (see Article 2, paragraph 1, of the Convention) and that the Government did not indicate in its first report that it availed itself of the possibility of excluding officials from the application of the Convention (see Article 2, paragraphs 2 and 3). In this connection, it must reiterate its prior requests to the Government to provide in its next report detailed information on the following points: (a) Article 9, paragraph 1. The Committee notes that section 43(3) and 48(3) of Act No. 24 of 1960 permit the accumulation of up to 180 and 100 days of leave respectively for officials and employees in the public service. The Committee recalls the Government's attention to the fact that under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, calculated from the end of the year in which the holiday entitlement arises. (b) Article 11. The Committee observes that upon termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials apparently do not benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same applies to school employees who terminate their service during the first half of the school year (section 48(10)). The Committee must recall that under this Article of the Convention, an employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportionate to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee hopes that the Government will re-examine its position and take the necessary measures in the near future to bring Act No. 24 of 1960 into conformity with the Convention. 2. With regard to the holiday provisions of the Labour Code (Act No. 71), 1987, the Committee repeats its requests to the Government to provide detailed information on the following matters: (a) Article 6, paragraph 1, of the Convention. The Committee notes that there are apparently no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays shall not be counted as part of the three weeks' annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government's attention to the fact that, so far as the provisions of the Convention are not self-executing and, more generally, to avoid any uncertainty regarding the state of the law, the surest solution is to bring the national legislation explicitly into harmony with the provisions of the Convention. (b) Article 8, paragraph 2. The Committee notes that under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, when leave has been divided. It recalls that Article 8, paragraph 2, of the Convention provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks (unless otherwise provided in an agreement between the employer and the employee). (c) Article 9, paragraph 1. The Committee observes that, in the event of the deferral of a part of the holiday (under the conditions set out in section 73(III) of the Labour Code, 1987), the worker is entitled to compensation. In this respect the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday shall be granted and taken no later than 18 months from the end of the year in which the holiday entitlement has arisen. The Committee requests the Government to take the necessary measures to bring the Labour Code, 1987, into conformity with the Convention on the above-mentioned points. The Committee also trusts that the Government will supply detailed information in its next report on all legislative or regulatory action taken or contemplated to give full effect to all of the above provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. With reference to its previous comments, the Committee notes the Government's statement in its latest report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials in the public service covered by the provisions of Act No. 24 of 1960. The Committee observes that the Government has been making this statement for several years despite the Committee's comments that the Convention applies to persons employed in the public service unless the Government specifically excludes them from the scope of the Convention. It therefore must once again emphasize that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (see Article 2, paragraph 1, of the Convention) and that the Government did not indicate in its first report that it availed itself of the possibility of excluding officials from the application of the Convention (see Article 2, paragraphs 2 and 3). In this connection, it must reiterate its prior requests to the Government to provide in its next report detailed information on the following points:

(a) Article 9, paragraph 1. The Committee notes that section 43(3) and 48(3) of Act No. 24 of 1960 permit the accumulation of up to 180 and 100 days of leave respectively for officials and employees in the public service. The Committee recalls the Government's attention to the fact that under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, calculated from the end of the year in which the holiday entitlement arises.

(b) Article 11. The Committee observes that upon termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials apparently do not benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same applies to school employees who terminate their service during the first half of the school year (section 48(10)). The Committee must recall that under this Article of the Convention, an employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportionate to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

The Committee hopes that the Government will re-examine its position and take the necessary measures in the near future to bring Act No. 24 of 1960 into conformity with the Convention.

2. With regard to the holiday provisions of the Labour Code (Act No. 71), 1987, the Committee repeats its requests to the Government to provide detailed information on the following matters:

(a) Article 6, paragraph 1, of the Convention. The Committee notes that there are apparently no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays shall not be counted as part of the three weeks' annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government's attention to the fact that, so far as the provisions of the Convention are not self-executing and, more generally, to avoid any uncertainty regarding the state of the law, the surest solution is to bring the national legislation explicitly into harmony with the provisions of the Convention.

(b) Article 8, paragraph 2. The Committee notes that under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, when leave has been divided. It recalls that Article 8, paragraph 2, of the Convention provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks (unless otherwise provided in an agreement between the employer and the employee).

(c) Article 9, paragraph 1. The Committee observes that, in the event of the deferral of a part of the holiday (under the conditions set out in section 73(III) of the Labour Code, 1987), the worker is entitled to compensation. In this respect the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday shall be granted and taken no later than 18 months from the end of the year in which the holiday entitlement has arisen.

The Committee requests the Government to take the necessary measures to bring the Labour Code, 1987, into conformity with the Convention on the above-mentioned points.

The Committee also trusts that the Government will supply detailed information in its next report on all legislative or regulatory action taken or contemplated to give full effect to all of the above provisions of the Convention.

The Government is asked to report in detail in 1996.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its observation, the Committee 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:

Article 8, paragraph 2, of the Convention. By virtue of section 69(II) of the Labour Code, 1987, in the event of leave being divided, only six continuous working days of leave must be taken at one time, whereas under the Convention one period of leave must consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement applicable to the employer and the employed person concerned).

Article 9, paragraph 1. 1. By virtue of sections 43(3) and 48(3) of Act No. 24 of 1960, it is permitted to accumulate up to 180 and 100 days of leave respectively for officials and employees in the public service, while under the Convention a part of the holiday consisting of at least two uninterrupted working weeks must be taken in a period of at most one year and the rest of the holiday in a period of at most 18 months calculated from the end of the year in which the holiday entitlement arises.

2. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III) of the Labour Code, 1987), the worker is entitled to compensation, whereas under the Convention the remainder of the holiday must be taken no later than 18 months from the end of the year in respect of which the holiday entitlement arises.

Article 11. In case of termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (section 48(10)).

It also requested the Government to indicate the measures taken to give effect to the provisions of Article 6, paragraph 1, of the Convention (public and customary holidays not to be counted as part of the minimum holiday with pay).

The Committee notes the Government's indication that the provisions of Act No. 24 of 1960 on the public service and the Labour Code, 1987, which the Committee has previously commented upon, are being reviewed with a view to taking the necessary measures to bring them into conformity with the Convention. It hopes that the Government will soon be able to indicate that the necessary modifications have been made.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report does not reply to its previous comments. It is again raising certain questions in relation to Article 6, paragraph 1; Article 8, paragraph 2; Article 9, paragraph 1; and Article 11 of the Convention in a direct request.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its observation, the Committee 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:

Article 8, paragraph 2, of the Convention. By virtue of section 69(II) of the Labour Code, 1987, in the event of leave being divided, only six continuous working days of leave must be taken at one time, whereas under the Convention one period of leave must consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement applicable to the employer and the employed person concerned).

Article 9, paragraph 1. 1. By virtue of sections 43(3) and 48(3) of Act No. 24 of 1960, it is permitted to accumulate up to 180 and 100 days of leave respectively for officials and employees in the public service, while under the Convention a part of the holiday consisting of at least two uninterrupted working weeks must be taken in a period of at most one year and the rest of the holiday in a period of at most 18 months calculated from the end of the year in which the holiday entitlement arises.

2. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III) of the Labour Code, 1987), the worker is entitled to compensation, whereas under the Convention the remainder of the holiday must be taken no later than 18 months from the end of the year in respect of which the holiday entitlement arises.

Article 11. In case of termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (section 48(10)).

It also requested the Government to indicate the measures taken to give effect to the provisions of Article 6, paragraph 1, of the Convention (public and customary holidays not to be counted as part of the minimum holiday with pay).

The Committee notes the Government's indication that the provisions of Act No. 24 of 1960 on the public service and the Labour Code, 1987, which the Committee has previously commented upon, are being reviewed with a view to taking the necessary measures to bring them into conformity with the Convention. It hopes that the Government will soon be able to indicate that the necessary modifications have been made.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It is again raising certain questions in relation to Article 6, paragraph 1; Article 8, paragraph 2; Article 9, paragraph 1; and Article 11 of the Convention in a direct request.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee in its previous comments noted the following:

Article 8, paragraph 2, of the Convention. By virtue of section 69(II) of the Labour Code, 1987, in the event of leave being divided, only six continuous working days of leave must be taken at one time, whereas under the Convention one period of leave must consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement applicable to the employer and the employed person concerned).

Article 9, paragraph 1. 1. By virtue of sections 43(3) and 48(3) of Act No. 24 of 1960, it is permitted to accumulate up to 180 and 100 days of leave respectively for officials and employees in the public service, while under the Convention a part of the holiday consisting of at least two uninterrupted working weeks must be taken in a period of at most one year and the rest of the holiday in a period of at most 18 months calculated from the end of the year in which the holiday entitlement arises.

2. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III) of the Labour Code, 1987), the worker is entitled to compensation, whereas under the Convention the remainder of the holiday must be taken no later than 18 months from the end of the year in respect of which the holiday entitlement arises.

Article 11. In case of termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (section 48(10)).

It also requested the Government to indicate the measures taken to give effect to the provisions of Article 6, paragraph 1, of the Convention (public and customary holidays not to be counted as part of the minimum holiday with pay).

The Committee notes the Government's indication that the provisions of Act No. 24 of 1960 on the public service and the Labour Code, 1987, which the Committee has previously commented upon, are being reviewed with a view to taking the necessary measures to bring them into conformity with the Convention. It hopes that the Government will soon be able to indicate that the necessary modifications have been made.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee is raising certain questions in relation to Article 6, paragraph 1; Article 8, paragraph 2; Article 9, paragraph 1; and Article 11 of the Convention in a direct request.

The Government is asked to report in detail for the period ending 30 June 1992.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its observation the Committee 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:

1. In the direct request it made in 1987 the Committee noted the Government's statement to the effect that the competent authorities had been notified of the need to amend a number of provisions of Act No. 24 of 1960 on the public service in order to bring them into conformity with Articles 9 and 11 of the Convention. It notes from the Government's last report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials covered by the Act on the public service. In this connection, the Committee wishes to emphasise that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (Article 2, paragraph 1) and that the Goverment had not indicated, in its first report, that it had availed itself of the possibility of excluding officials from the scope of the Convention (Article 2, paragraphs 2 and 3). In the circumstances, the Committee is bound to recall its previous comments which read as follows:

Article 9, paragraph 1, of the Convention. By virtue of sections 43(3) and 48(3) of Act No. 24 of 1960, it is permitted to accumulate up to 180 and 100 days of leave respectively for officials and employees, while under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken in a period of at most one year and the rest of the holiday in a period of at most 18 months, calculated from the end of the year in which the holiday entitlement had arisen.

Article 11. In case of termination of the employment relation following dismissal or resignation (ss. 45(1) and 49), officials do not appear to benefit either from a paid holiday in proportion to the length of service nor from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (s. 48(10)).

The Committee requests the Government to re-examine its position and to take the necessary measures to bring the Act on the public service into conformity with the above provisions of the Convention.

2. The Committee notes the new Labour Code, 1987, and wishes to draw the Government's attention to the following points:

Article 8, paragraph 2. By virtue of section 69(II), in the event of leave being divided up, at least six continuous working days of leave shall be taken at one time, whereas, in accordance with this provision of the Convention, one of the parts shall consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement binding upon the employer and the employed person concerned).

Article 9, paragraph 1. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III)), the worker is entitled to compensation whereas, according to this provision of the Convention, the remainder of the holiday must be taken no later than 18 months from the end of the year in respect of which the holiday entitlement has arisen.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on the above points.

3. The Committee requests the Government to indicate the measures that have been taken to give effect to the provisions of Article 6, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report has not been received. It is again raising certain questions in a direct request.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In the direct request it made in 1987 the Committee noted the Government's statement to the effect that the competent authorities had been notified of the need to amend a number of provisions of Act No. 24 of 1960 on the public service in order to bring them into conformity with Articles 9 and 11 of the Convention. It notes from the Government's last report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials covered by the Act on the public service. In this connection, the Committee wishes to emphasise that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (Article 2, paragraph 1) and that the Goverment had not indicated, in its first report, that it had availed itself of the possibility of excluding officials from the scope of the Convention (Article 2, paragraphs 2 and 3). In the circumstances, the Committee is bound to recall its previous comments which read as follows:

Article 9, paragraph 1, of the Convention. By virtue of sections 43(3) and 48(3) of Act No. 24 of 1960, it is permitted to accumulate up to 180 and 100 days of leave respectively for officials and employees, while under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken in a period of at most one year and the rest of the holiday in a period of at most 18 months, calculated from the end of the year in which the holiday entitlement had arisen.

Article 11. In case of termination of the employment relation following dismissal or resignation (ss. 45(1) and 49), officials do not appear to benefit either from a paid holiday in proportion to the length of service nor from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (s. 48(10)).

The Committee requests the Government to re-examine its position and to take the necessary measures to bring the Act on the public service into conformity with the above provisions of the Convention.

2. The Committee notes the new Labour Code, 1987, and wishes to draw the Government's attention to the following points:

Article 8, paragraph 2. By virtue of section 69(II), in the event of leave being divided up, at least six continuous working days of leave shall be taken at one time, whereas, in accordance with this provision of the Convention, one of the parts shall consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement binding upon the employer and the employed person concerned).

Article 9, paragraph 1. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III)), the worker is entitled to compensation whereas, according to this provision of the Convention, the remainder of the holiday must be taken no later than 18 months from the end of the year in respect of which the holiday entitlement has arisen.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on the above points.

3. The Committee requests the Government to indicate the measures that have been taken to give effect to the provisions of Article 6, paragraph 1, of the Convention.