Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Russian Federation (Ratification: 2010)

Article 4 of the Convention. Proportionate leave. The Committee notes that under section 122 of the Labour Code, during the first year of work, the employee acquires the right to annual paid leave after six months of continuous work for the employer, while leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the priority of granting annual paid leave established in the enterprise. Noting that the Labour Code does not expressly provide for the right to paid leave pro rata to the length of service, the Committee requests the Government to specify how it is ensured in law and in practice that a person – whose length of service in the first year of employment is less than six months – is entitled in respect of that year to a holiday with pay proportionate to his/her length of service.

Part V of the report form. Application in practice. The Committee notes the statistical information provided in the Government’s first report according to which, during the first half of 2012, 8,644 inspections relating to work and rest practices were conducted and 36,410 violations were observed. The Government indicates that the most frequent offences in respect of annual paid holidays include granting holidays of a shorter duration than that specified by law, recalling workers from leave without their consent, or failing to pay monetary compensation for unused leave at the time of dismissal. The Committee requests the Government to continue to provide up-to-date information on the manner in which the Convention is applied in practice including, for instance, the number of workers covered by the relevant legislation and the nature and extent of any problems encountered in the implementation of the Convention.