The Convention Of The Annual Paid Holiday

Original Language Title: o Úmluvě o každoroční placené dovolené

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38805&nr=442~2F1990~20Sb.&ft=txt

442/1990 Coll.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 24 October. June

1936 was on 20. meeting of the General Conference of the international organization

the work adopted the Convention for the annual paid vacation (No. 52). The ratification of the

Convention, the Czechoslovak Republic was registered on 12 June 2006. June 1950

Director General of the International Labour Office. According to its article 11,

The Convention entered into force for the Czechoslovak Republic on 12 March 2005.

June 1951.



Czech translation of the Convention shall be published at the same time.



Convention No. 52



The Convention of the annual paid holiday



The General Conference of the International Labour Organization, which was convened

the Administrative Council of the International Labour Office in Geneva, and there met on 4 July 2003.

in June 1936, at its twentieth session,



rozhodnuvši to adopt some of the proposals relating to annual paid

the holiday, which is the second point of the agenda of the meeting,



stanovivši, that these proposals will take the form of an International Convention,



accepts 24 September. in June 1936, this Convention, which will be referred to as

The Convention of the annual paid leave, 1936.



Article 1



1. this Convention applies to all persons employed in these

enterprises and establishments, whether public or private:



and in enterprises, in) where the products are manufactured, prepared, cleaned,

repaired, decorated, dohotovovány, adapted for sale, rozbíjeny

or destroyed, in which mass subjected to conversion, including undertakings in the

shipbuilding, as well as undertakings for the production, transformation and management of electricity or the

the motive power of any kind;



(b)) in the larger enterprises exclusively or mainly works on the construction site,

the reconstruction, maintenance, repair, modification or demolition of such buildings and works:

buildings, railways, trams, airports, ports, shipyards, port

dykes, protective works against the action of water currents and the sea, channels,

equipment for inland or maritime shipping or aviation

roads, tunnels, bridges, viaducts, drains, sewers, telecommunications

equipment for the production and distribution of electricity and gas, pipeline,

equipment for water distribution, as well as in other larger businesses

similar work and work on preparation and on laying the foundations, which

precedes the work referred to above;



(c)) in enterprises for the transport of persons or goods by road or

railways, inland waterways or air, including the management of

goods in the ports, on the quays, harbours, warehouses or

at the airports;



d) mines, quarries and other companies for the extraction of minerals from the Earth;



(e)) in commercial establishments, including postal and telecommunications services;



(f)) in the plants and administrative services in which employees deal with

primarily Office work;



(g)) in printing enterprises;



(h)) in institutions whose purpose is the care and hospital care

the sick, the poor, the full and the mentally disabled;



I) in hotels, inns, guesthouses, clubs, cafés and other

establishments of public catering;



j) in theaters and entertainment enterprises;



to the races having at the same time) the nature of the business and industrial, which

However, do not conform fully to any of the preceding groups.



2. the competent authority in each country after consultation with the main interested

the organisations of employers and workers concerned, where such organisations

There are, provides the boundary between undertakings and establishments referred to in the previous

paragraph and those undertakings and establishments to which this Convention does not apply.



3. the competent authority in each country may exclude from the scope of this Convention:



and) persons employed in undertakings or establishments in which they are employed

only members of the employer's family;



(b) persons employed in public) offices, the conditions of service is

provide for an annual paid leave of a duration equal to the

at least the length of the leave provided for in this Convention.



Article 2



1. every person to whom this Convention applies, has after one year

continuous service shall be entitled to an annual paid vacation in the range

at least six working days.



2. Persons under the age of sixteen years, including apprentices have after one year

continuous service shall be entitled to an annual paid vacation in the range

at least 12 working days.



3. In the annual paid leave is not counted:



and publicly recognised and holidays) holidays, according to the local customs;



(b) interrupt work for illness).



4. national laws or regulations may, exceptionally, authorise distribution

annual paid leave, but only in respect of that part of the vacation,

that exceeds the minimum assessment pursuant to this article.



5. the area of annual paid leave is to increase with the length of service for

the conditions laid down by national law.



Article 3



Any person who chooses holidays referred to in article 2 of this Convention, shall

receive all the time this holiday:



and the usual remuneration), either of which shall be determined in a manner to be determined by

national legislation, increased the cash equivalent in kind

remuneration, if this provides;



(b)) or reward provided for in a collective agreement.



Article 4



Any agreement on the waiver of the right to annual paid holiday or

waiver of such leave is invalid.



Article 5



National legislation may provide that any person who is

during the annual holiday deals with paid employment, you may lose

shall be entitled to remuneration for the period of vacation.



Article 6



Any person who, for reasons attributable to the employer discharged before

the exhaustion of the holiday, that it must for each day of vacation, which

It belongs under this Convention, to receive the remuneration provided for in article 3.



Article 7



In order to facilitate effective implementation of this Convention, every employer must

keep a record, in a form approved by the competent authority, indicating:



and when) the day it entered the service of the person, which employs, and the length of the

the annual paid holiday, on which each of them has a right;



(b)) the days when each person selects an annual paid vacation;



(c)), that each person a reward received during its annual paid

vacation.



Article 8



Each Member State which ratifies this Convention shall establish a system of

the sanctions, in order to ensure the implementation of its provisions.



Article 9



Nothing in this Convention shall affect any law, no judgment, no

practices or any agreement between employers and workers to ensure the

conditions more favourable than those laid down in this Convention.



Article 10



The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.



Article 11



1. this Convention undertakes to only the Member States of the international organization

labour, whose ratification has been registered by the Director General.



2. Shall take effect twelve months after the date the Director writes

the ratification of the two Member States.



3. For each Member State, this Convention shall enter into force twelve

months from the date on which its ratification has been registered.



Article 12



As soon as they entered the ratification of two Member States, International

Organization of work, it shall notify the Director General of the International Labour Office

all Member States of the International Labour Organisation. They shall notify the

the registration of all ratifications, which he shall communicate to the members of the organization.



Article 13



1. each Member which has ratified this Convention may denounce it

After the expiration of ten years from the date on which this Convention became for the first time

the effectiveness of written communication to the Director General of the International Office

the work, which writes it. Termination shall take effect one year after the date on which the

It was registered.



2. each Member State that has ratified this Convention and which does not apply

rights to terminate her under this article during the year following the

the expiry of the period of ten years mentioned in the preceding paragraph, the

by the Convention for the next ten-year period and then it will be able to terminate

always after the expiry of the 10-year period, under the conditions laid down in this

article.



Article 14



Always, if considered necessary, the Board of the International Office

work shall submit to the General Conference a report on the implementation of this Convention, and

examine whether it is desirable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 15



1. the General Conference adopt a new Convention revising or completely

partly this Convention and does not appoint a new Convention otherwise:



and the ratification of the revising Convention) new Member State causes the ipso jure

immediate denunciation of this Convention, notwithstanding the provisions of article 13, and it

with the proviso that the new revising Convention enters into force;



(b)), from the time when the new revising Convention enters into force, this Convention shall

Member States shall cease to be open to ratification.



2. this Convention shall remain in force, however, as to form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 16



The English and French texts of this Convention are equally authentic.