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The Negotiation Of The Convention On Paid Leave (Revised), 1970 (No. 132)

Original Language Title: o sjednání Úmluvy o placené dovolené (revidované), 1970 (č. 132)

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229/1998 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 24 July. June 1970 was in

Geneva on 54. meeting of the General Conference of the international organization

work accepted Convention on paid leave (revised), 1970 (No. 132).



With the Convention gave its assent, Parliament of the Czech Republic. The President of the

the Republic has ratified the Convention.



The ratification of the Convention on paid leave (revised), 1970, Czech

Republic was written by the Director General the International Labour Office

on 23 December 2005. August 1996. The ratification was made this statement:



-Czech Republic in accordance with article 3, paragraph 3. 2 of the Convention declares that

the length of the holiday is 3 weeks;



-The Czech Republic declares that, in accordance with article 15 paragraph 1. 2 of the Convention

obligations arising from this Convention accepts for all employees in all

sectors of the national economy, including agriculture.



Convention entered into force pursuant to its article 18, paragraph 2. 2 day 30.

June 1973 and for the Czech Republic entered into force in accordance with the

the wording of paragraph 3 of the same article on 23 September 2006. August 22, 1997.



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



The English and French texts of the Convention, which are for its interpretation of the

determined, you can peek at the Ministry of Foreign Affairs and

The Ministry of labour and Social Affairs.



Convention 132



CONVENTION



concerning paid annual leave (revised), 1970



The General Conference of the International Labour Organization, convened in Geneva

The Administrative Council of the International Labour Office,



and there met the day 3. June 1970, at its fifty-fourth session, and

rozhodnuvši will accept some proposals relating to paid leave

that is the fourth point of the agenda of the meeting,



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

adopts this twenty-fourth day of June in the year one thousand nine hundred and seventy-

This Convention, which may be referred to as the Convention on paid leave

(revised), 1970:



Article 1



The provisions of this Convention shall be carried out by national

regulations, unless their implementation by means of collective

contracts, arbitration statements, judgements, official bodies for

determination of wages or otherwise, that corresponds to the national practices and

taking into account national conditions.



Article 2



1. this Convention applies to all employed persons, with the exception

of seafarers.



2. where necessary, the competent authority or may be way in the country

the usual after consultation with the organisations of employers and

workers, ^ 1) where such organizations exist, taken

which the limited category of persons employed excludes from the application of this

the Convention, if its implementation in relation to their employment has caused

the specific problems of a serious nature in enforcement or constitutional issues

or a legislative right.



3. each Member, ^ 2) which ratifies this Convention, shall, in its first

the report on the implementation of the Convention submitted under article 22 of the Constitution of the international

Organization of work of all the categories that have been excluded in pursuance of paragraph

2 of this article, giving the reasons for such exclusion, and in the following

the reports shall state the status of their legislation and practice with regard to the

the excluded categories and the extent to which the Convention was applied, or

It proposes to apply in relation to such categories.



Article 3



1. every person to whom this Convention applies shall be entitled to

an annual period of paid leave within a specified minimum length.



2. each Member which ratifies this Convention shall specify, in a declaration

appended to its ratification of the length of the holiday.



3. the Vacation shall not be in any way less than three working weeks per

one year of work.



4. Any Member which ratifies this Convention may inform the

the Director of the International Labour Office by a subsequent declaration that extends

the length of the holiday compared to the length of the specified at the time of ratification.



Article 4



1. Any person whose length of work done in a given year is

shorter than the length required for entitlement to a full

vacation provided for in the preceding article, is this year

paid leave in proportion to the length of the work done in the

This year.



2. the term "year" in paragraph 1 of this article means a calendar year, or

every other time period of the same length as laid down by the competent authority or

manner customary in the country concerned.



Article 5



1. For entitlement to annual paid leave may be required

minimum period of work.



2. the length of such minimum period of work for entitlement will be determined

the competent authority or in a manner customary in the country concerned, but will not be in

no case exceed six months.



3. The method of calculating the length of the period of work for the purposes of entitlement to leave

will be determined by the competent authority or in a manner customary in each country.



4. under the conditions laid down by the competent authority or in a manner customary in

each country will be absence from work for reasons independent of the will of

the employed person concerned, such as for illness, injury or maternity

holiday, calculated in the time of work.



Article 6



1. Officially recognised and customary public holidays, whether by the debtor to the time

annual leave or not, will not count towards the minimum

the length of the annual paid leave provided for in article 3, paragraph 3. 3 of this

of the Convention.



2. under the conditions laid down by the competent authority or in a manner customary in

the country concerned cannot be a period of sick leave for sickness or injury

count towards the minimum length of paid annual leave provided for in

Article 3, paragraph 3. 3 of this Convention.



Article 7



1. Each person who draws the holidays provided for under this Convention,

given for the entire period of such leave at least their normal or

average wage (including the corresponding cash compensation for any part of the

the salary is paid in kind, and that is not a permanent payment,

belonging to the person concerned, regardless of whether it is on vacation or

not) calculated in the manner prescribed by the competent authority or

in the manner usual in each country.



2. the amounts due under paragraph 1 of this article shall be paid

the employed person concerned before her vacation, unless it was agreed

anything else in the agreement that you are bound by this person and the employer.



Article 8



1. the distribution of paid annual leave on a part can be enabled

in the usual way, by the competent authority in each country.



2. Unless otherwise stipulated in the agreement between the employer and the

an employed person and under the condition that the length of time worked is based

the person concerned is entitled to such a length of a holiday, one of the parts of the holiday

must be at least two weeks of uninterrupted work.



Article 9



1. An uninterrupted part of the paid annual leave provided for in article 8 of the

paragraph. 2 this Convention shall be granted and taken no later than

one year and the rest of the paid annual leave not later than

18 months from the end of the year for which the entitlement to vacation.



2. That part of the paid annual leave which exceeds the specified

the minimum assessment, may, with the agreement of the interested persons employed

deferred to the period laid down in paragraph 1 of this article, to

For more limited periods.



3. the minimum length of the leave, which shall not be the subject of a postponement, as well

as a limited period referred to in paragraph 2 of this article, that is

the postponement may be determined by the competent authority, after consultation with

the participating organisations of employers and workers or collective

negotiation or taking into account the national circumstances of each country

any other appropriate manner consistent with national practice.



Article 10



1. the period in which the holiday is to be taken shall be fixed by the employer

after consultation with the party concerned, that an employed person or its representatives,

If it is not established by the law, collective agreement, arbitration

statement or in any other manner consistent with national practice.



2. when determining the period in which the leave is taken, the

takes into consideration the needs of work and rest and recovery options that

are the employed person offered.



Article 11



An employed person who completed the minimum period of work

corresponding to the period, which may be required pursuant to article 5 (3). 1 this

the Convention will receive upon termination of employment either paid vacation

the appropriate length of her work, for which the vacation

It has not received, or wage compensation instead of this vacation or give her

the option to convert the corresponding claim to the holiday in the future.



Article 12



The agreement on the waiver of the right to the minimum length of paid annual

the leave provided for in article 3, paragraph 3. 3 this Convention or disclaimer

such leave for compensation or any other means will be according to the

national conditions is invalid or will be disabled.



Article 13



In the usual way, by the competent authority in each country can be

lay down specific rules for cases where an employed person during his

the holiday carries out an activity contrary to the purpose of the holiday.



Article 14



Effective measures shall be taken to the appropriate ways of fulfilling the


the provisions of this Convention through adequate labour inspection or other

in a way, in order to ensure the proper implementation and enforcement of the regulations, or

measures relating to paid leave.



Article 15



1. Each Member may accept the obligations arising from this Convention, particularly:



(a) for persons employed in economic sectors outside agriculture;



(b) for persons employed in agriculture.



2. each Member shall specify in its ratification, that it accepts the obligations of

of this Convention to all persons referred to above in subparagraph (a) of paragraph 1

This article for the persons referred to in point (b) of paragraph 1 of this

Article, or for both.



3. each Member which has accepted in its obligations arising from the ratification of this

the Convention only to the persons referred to in point (a) of paragraph 1 of this article

or to the persons referred to in point (b) of paragraph 1 of this article, you may

later, tell the Director-General of the International Labour Office, the

It accepts the obligations of the Convention to all persons covered by the

This Convention.



Article 16



This Convention revised Convention on paid leave, 1936, and the Convention on

paid leave (agriculture), 1952, under the following conditions:



(a) acceptance of the obligations under this Convention for persons employed in

economic sectors excluding agriculture means for a member that is

bound by the Convention on paid leave, 1936, ipso jure fired

This latter Convention;



(b) the adoption of the obligations arising from the Convention for persons employed in

Agriculture, means for a member that is bound by the Convention on paid

Holiday (agriculture), 1952, ispo jure the immediate termination of this latter

the said Convention;



(c) the fact that this Convention enters into force, the Convention is not paid

Holiday (agriculture), 1952, closed the next ratifikacím.



Article 17



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

The International Labour Office for registration.



Article 18



1. this Convention undertakes to only those members of the International Labour Organization,

whose ratification has been registered by the Director General.



2. the Convention shall enter into force 12 months after the date the Director-General

registers the ratifications of two members.



3. thereafter, this Convention shall enter into force for each additional Member 12

months after the date on which its ratification is registered.



Article 19



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

the expiry of ten years from the date of entry into force for the first time, the Act

forwarded to the Director-General of the International Labour Office that it

registers. Such denunciation shall take effect one year from the date of the

registered.



2. each Member which has ratified this Convention and which is within one

the year after the expiry of the 10-year period referred to in the preceding paragraph

does not make use of the right of dismissal provided for in this article, will be bound to the

a further period of ten years, and then will be able to denounce the Convention after

the end of each 10-year period, under the conditions laid down in this

article.



Article 20



1. the Director General of the International Labour Office shall notify all members of the

The international labour organisation of the registration of all ratifications and denunciations

communicated to the members of the organization.



2. When notifying the members of the Organization of the registration of the second ratification,

It shall be communicated to the Director-General will notify the members of the organisation

the date on which this Convention enters into force.



Article 21



In accordance with article 102 of the Charter of the United Nations shall notify the Director-General

The International Labour Office to the Secretary-General of the United Nations to

full details of the registration of all ratifications and denunciations that acts

registered in accordance with the provisions of the preceding articles.



Article 22



Whenever the Administrative Council of the International Labour Office can be considered as

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

consider if it is desirable to include on the agenda of the Conference the question of its full

or partial revision.



Article 23



1. If the Conference adopt a new Convention, which wholly or partly

revising this Convention, then, unless the new Convention provides otherwise,



(a) the ratification of the new revising Convention, the Member State will be ispo jure

refer to immediate termination of this Convention, notwithstanding the provisions of the above

referred to in article 19, provided that the new revising Convention shall enter

force;



(b) from the date when the new revising Convention comes into force, to stop

This Convention shall be open to ratification by the members.



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

Members who have ratified the revising Convention, but neratifikovali.



Article 24



English and French versions of the text of this Convention are equally authentic.



The text that precedes, is an authentic text of the Convention duly adopted by the

The General Conference of the International Labour Organization during its

the fourth session of the fiftieth, which took place in Geneva and was

It has been declared completed on 25 April. June 1970.



In witness whereof we have connected their signatures twenty-fifth of June 1970:



The President of the Conference:



In Manickav Asagam v. r.



Director General of the International Labour Office:



Wilfred Jenks in r.



1) in the English text of this Convention is used the expression "workers"-

"personnel". In the French text of this Convention, the expression is used

"travailleurs"-"personnel". In the labour law provisions applicable in the

The Czech Republic does not use the term "workers", but the expression

"staff" in accordance with article I (2) 3 of Act No. 74/1994 Coll.

amending and supplementing the Labour Code No. 65/1965 Coll., as amended by

amended, and certain other laws.



2) the Member State of the International Labour Organisation.