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

Holidays with Pay Convention (Revised), 1970 (No. 132) - Spain (Ratification: 1972)

Article 6(2) of the Convention. In its previous comment, the Committee noted the observation of the El Radium Textile Technicians' Union and the Government's indications as to conflicting judicial decisions. It concluded that measures should be taken to determine clearly the conditions under which periods of incapacity for work resulting from sickness or injury cannot be counted as part of the minimum annual holiday with pay.

In a new observation, the General Union of Workers (UGT) points out that in practice there is frequently a problem in determining whether periods of illness or injury are to be counted as annual leave. It states that the juridical problem is worsened by the difficult labour market, in which workers fear employers will not continue their employment contracts if they attempt to claim period of illness or injury occurring during the annual leave period. The UGT calls for a new standard defining the right to enjoy paid holidays not including periods of incapacity due to illness or injury.

The Government in its report emphasises that individual cases in the courts have been decided on their own facts. It concludes that in general periods of illness or injury are not counted as part of paid holidays. However, it considers the case where the whole of an enterprise is on holiday at one time to be an important exception.

The Committee appreciates the degree of flexibility built into Article 6(2), which appears to leave it to appropriate machinery such as collective bargaining to circumscribe the conditions in which periods of incapacity resulting from sickness or injury are not counted as part of the minimum annual holiday with pay. However, it would again stress the need for maximum clarity in the provisions operating. It hopes the Government will continue to supply information.