To the extent that they are not enforced, either through collective agreements, arbitral awards or judicial decisions, or by formal wage-setting bodies, or in any other manner consistent with the National practice and appropriate, taking into account the specific conditions of each country, the provisions of the Convention will have to be applied by national legislation.

1. This Agreement shall apply to all persons employed, excluding seafarers.

2. In so far as it is necessary, the competent authority or any appropriate body in each country may, after consultation with the organisations of employers and workers concerned, where it exists, take measures to exclude from the The application of the convention of the limited categories of persons employed when that application raises particular problems of implementation or of a constitutional or legislative order of particular importance.

3. Any Member ratifying the Convention shall, in the first report on the application of the Convention which it is required to submit under Art. 22 of the Constitution of the International Labour Organization ¹ , indicate, with grounds for support, the categories which have been excluded under subs. 2 of this Article and set out, in subsequent reports, the state of its legislation and practice in respect of those categories, specifying the extent to which it has been given effect, or proposed to give effect to the Convention in respect of The categories concerned.

1. Any person to whom the agreement applies shall be entitled to annual leave with pay for a specified minimum period.

2. Any Member ratifying the Convention shall specify the duration of the leave in a declaration annexed to its ratification.

3. The duration of the leave shall under no circumstances be less than three weeks' work for a year of service.

4. Any Member having ratified the Convention may inform the Director General of the International Labour Office, by a subsequent declaration, that it shall increase the period of leave specified at the time of its ratification.

1. Any person who has completed, in a specified year, a period of service that is less than the period required to qualify for the full period of leave prescribed in s. 3 above shall be entitled, for that year, to leave with pay of a proportionately reduced duration.

2. For the purposes of this Article, the term "year" means a calendar year or any other period of the same duration fixed by the competent authority or by the appropriate body in the country concerned.

1. A minimum period of service may be required to open an annual leave with pay.

(2) It shall be for the competent authority or the appropriate body, in the country concerned, to fix the duration of such a minimum period of service, but in no case shall it exceed six months.

The method of calculation of the period of service, for the purpose of determining the right to leave, shall be fixed by the competent authority or by the appropriate body in each country.

4. In conditions to be determined by the competent authority or by the appropriate body in each country, absences from work for reasons unrelated to the will of the person employed, such as absences due to illness, An accident or maternity leave will be counted in the period of service.

1. Official and customary holidays, whether or not they are in the period of annual leave, shall not be counted in the minimum annual leave with pay prescribed in par. 3 of Art. 3 above.

2. Under conditions to be determined by the competent authority or by the appropriate body in each country, periods of incapacity for work resulting from diseases or accidents may not be counted in the prescribed minimum annual leave with pay To par. 3 of Art. 3 of this Agreement.

1. Any person taking the leave covered by this Agreement shall, for the duration of such leave, receive at least his or her normal or average earnings (including, where such remuneration includes benefits in kind, the countervalue in Of these species, unless they are permanent benefits of which the person concerned is independent of the leave with pay), calculated according to a method to be determined by the competent authority or by the appropriate body in each country.

2. Amounts owing under subs. 1 above shall be paid to the employee concerned prior to his or her leave, unless otherwise agreed by an agreement between the employer and the employee.

1. Split of paid annual leave may be authorized by the competent authority or by the appropriate body in each country,

2. Unless otherwise agreed by an agreement between the employer and the employee concerned, and provided that the duration of the service of that person gives him the right to such a period of leave, one of the leave fractions shall be Be at least two weeks of uninterrupted work.

1. The uninterrupted portion of the annual leave with pay referred to in s. 2 of the art. 8 of this Agreement shall be granted and taken within a period of not more than one year, and the remainder of the vacation leave with pay within 18 months from the end of the year of entitlement to leave.

(2) Any part of the annual leave in excess of a prescribed minimum may, with the agreement of the person employed, be deferred for a limited period beyond the period laid down in paragraph 1 of this Article.

3. The minimum period of leave which cannot be the subject of such an adjournment and the limited period during which an adjournment is possible shall be determined by the competent authority, after consulting the employers' organisations and Workers concerned, or by collective bargaining, or in any other way in accordance with national practice and appropriate, taking into account the conditions of each country.

The period to which the leave will be taken shall be determined by the employer after consultation with the person employed or its representatives, unless it is determined by regulation, by means of collective agreements, of Arbitral awards or otherwise in accordance with national practice.

2. To determine the time at which the leave will be taken, consideration will be given to the needs of the work and the opportunities for rest and relaxation that are available to the person employed.

Any person employed who has performed the minimum period of service corresponding to that which may be required under s. 1 of the art. 5 of this Agreement shall be granted, in the event of termination of the employment relationship, leave with pay in proportion to the length of the period of service for which the employee has not yet had such leave, or compensatory allowance, or An equivalent leave credit.

Any agreement relating to the abandonment of the right to the minimum paid annual leave required by s. 3 of Art. 3 of this Convention or on the waiver of such leave, subject to compensation or otherwise, shall, under national conditions, be null and void.

The competent authority or the appropriate body in each country may adopt special rules for cases where a person employed during his or her leave is engaged in a gainful activity which is incompatible with the purpose of the leave.

Effective measures, adapted to the means by which it is given effect to the provisions of this Convention, shall be taken, by means of an adequate inspection or by any other means, in order to ensure the proper application and observance of the Leave with pay rules or provisions.

1. Any Member may accept the obligations of this Agreement separately:

(a)

For persons employed in economic sectors other than agriculture;

(b)

For those employed in agriculture.

2. Any Member must specify, in its ratification, whether it accepts the obligations of the Convention for the persons referred to in para. (a) para. 1 above, or for persons referred to in para. (b) of the said subsection, or for each other.

3. Any Member who, upon ratification, has accepted the obligations of this Convention only for the persons referred to in para. (a) or for the persons referred to in para. (b) from s. 1 above may subsequently notify the Director General of the International Labour Office that he accepts the obligations of the Convention for all persons to whom this Convention applies.

This Agreement reviews the leave with pay convention, 1936, and the paid leave agreement (agriculture), 1952, subject to the following conditions:

(a)

Acceptance of the obligations of this Agreement, for persons employed in economic sectors other than agriculture, by a Member who is a party to the Leave with Pay Convention, 1936, gives rise to the right to denunciation The immediate Convention;

(b)

The acceptance of the obligations of this Convention, for persons employed in agriculture, by a Member which is a party to the Convention on Leave with Pay (Agriculture), 1952, entictly entails the immediate termination of this Last convention;

(c)

The entry into force of this Convention shall not close the paid leave agreement (agriculture), 1952, to subsequent ratification.

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each member twelve months after the date on which its ratification has been registered.

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter ¹ , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)

Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 19 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;

(b)

From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

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