Communication from the Federal Ministry of Foreign Affairs No 442 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on annual paid leave (No 52)
Valid
Effective from 12.06.1951
442
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs announces that on 24 June 1936 the Convention on annual paid leave was adopted at the 20th session of the International Labour Organisation General Conference (No 52). Ratification of the Convention by the Czechoslovak Republic was registered on 12 June 1950 by the Director-General of the International Labour Office. Pursuant to Article 11 of the Convention, the Convention entered into force for the Czechoslovak Republic on 12 June 1951.
The Czech translation of the Convention is being announced simultaneously.
Convention No 52
Convention on annual paid leave
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 4 June 1936 at its 20th session,
Decide to adopt certain proposals concerning annual paid leave, which are the second item of the agenda,
state that these proposals will take the form of an international convention,
adopts on 24 June 1936 this Convention, which will be referred to as the Convention on annual paid leave, 1936.
1. This Convention shall apply to all persons employed in the following undertakings and establishments, whether public or private:
(a) in undertakings in which the products are manufactured, treated, cleaned, repaired, decorated, finished, adapted for sale, broken or destroyed in which the matter is subject to conversion, including shipbuilding undertakings, as well as undertakings for the production, conversion and maintenance of electricity or propulsion of any kind;
(b) in undertakings engaged exclusively or principally in works on the construction, conversion, maintenance, repair, modification or demolition of the following works: buildings and structures, railways, tramways, airports, ports, shipyards, quarries, watercourses and seas, canals, inland or sea navigation equipment or for aviation, roads, tunnels, bridges, viaducts, sewers, sewers, wells, watering and drainage equipment, telecommunications equipment, electricity and gas facilities, pipelines, water distribution facilities, as well as in undertakings engaged in other works similar to those on the preparation and laying of the bases, which are preceded by the above;
(c) in undertakings for the transport of persons or goods by road or rail, inland waters or air, including the handling of goods in ports, waterways, ports, warehouses or airports;
(d) in mines, quarries and other mining undertakings from the country;
(e) in commercial establishments, including post offices and telecommunications services;
(f) in establishments and administrative services in which employees are mainly engaged in office work;
(g) in printing undertakings;
(h) in institutions for the care and care of sick, sick, deprived and mentally ill persons;
(i) hotels, pubs, pensions, clubs, cafés and other public catering establishments;
(j) in theatres and entertainment establishments;
(k) in establishments having a commercial and industrial character, but which do not fully correspond to any of the previous groups.
2. The competent authority in each country, after consulting the main employers' and workers' organisations involved, where such organisations exist, shall establish a line between the undertakings and establishments referred to in the preceding paragraph and those undertakings and establishments not covered by this Convention.
3. The competent authority in each country may exempt:
(a) persons employed in undertakings or establishments in which only members of the employer's family are employed;
(b) persons employed in public offices whose conditions of service entitle them to annual paid leave equal to or greater than the length of leave provided for in this Convention.
1. Any person to whom this Convention applies shall be entitled, after one year of continuous service, to annual paid leave of at least six working days.
2. Persons under 16 years of age, including apprentices, shall be entitled to annual paid leave of at least 12 working days after one year of continuous service.
3. The annual paid leave shall not include:
(a) public holidays recognised and public holidays according to local custom;
(b) interruption of work for the disease.
4. National legislation may exceptionally allow the distribution of annual paid leave, but only in respect of that part of the leave which exceeds the minimum rate provided for in this Article.
5. The rate of annual paid leave is to be increased with the duration of service under the conditions laid down by national legislation.
Any person who chooses a holiday under Article 2 of this Convention shall receive, throughout the period of such leave:
(a) either the normal remuneration to be determined in a manner to be determined by national legislation, plus the monetary equivalent in kind, where such remuneration is granted;
(b) or the remuneration provided for by a collective agreement.
Any waiver or waiver agreement shall be void.
National legislation may provide that any person engaged in paid employment during annual leave may lose his / her right to remuneration for the period of leave.
Any person made redundant by reason attributable to the employer before the exhaustion of his or her leave shall receive the remuneration provided for in Article 3 for each day of his or her leave under this Convention.
In order to facilitate the effective implementation of this Convention, each employer shall keep an alert in a form approved by the competent authority indicating:
(a) the date of entry into service of the person he employs and the length of annual paid leave to which each of them is entitled;
(b) the dates on which each person chooses annual paid leave;
(c) the remuneration received by each person during his annual paid leave.
Any Member State which ratifies this Convention shall establish a system of penalties to ensure that its provisions are implemented.
Nothing in this Convention shall affect any law, judgment, practice or agreement between employers and workers providing conditions more favourable than those laid down in this Convention.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
Once the ratification of two Member States is registered The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation. They shall also notify them of the minutes of any ratification communicated to it by the members of the organisation.
1. Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising convention shall cause the ipso jure to be terminated immediately, regardless of the provisions of Article 13 above, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 442 / 1990 Coll., on the negotiation of the Convention on annual paid leave (No 52) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.10.1990 |
|---|---|
| Effective from | 12.06.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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