Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 47 (40-hour week), 132 (annual holidays with pay) and 175 (part-time work) together.

The Committee notes the observations of the Commission for Church Employers on the application of Convention No. 47, and of the Central Organization of Finnish Trade Unions (SAK) and the Finnish Confederation of Professionals (STTK) on the application of Convention No. 175, communicated with the Government’s report.

A.Hours of work

Article 1 of Convention No. 47. Forty-hour week principle. Application in practice. The Committee notes the adoption of the Working Time Act (872/2019), which preserves the 40-hour week principle in its section 5(1). The Committee also notes that the Working Time Act provides for exceptions or derogations to this principle, as follows: (i) sections 12 and 13 provide that the employer and employee can agree on flexible working hours, pursuant to which regular weekly working hours may not exceed 40 hours on average during a four-month monitoring period; (ii) section 12 specifies that the accumulation of overruns at the end of a monitoring period may not exceed 60 hours; and (iii) section 14 provides for the possibility of introducing a working time bank system at the workplace, whereby working time, earned time off or monetary benefits converted to free time, can be saved and combined. The Committee requests the Government to provide information on the way it ensures that the application in practice ofthese provisions do not contradict the principle of a 40-hour week.

In addition, the Committee notes the observations of the Commission for Church Employers regarding the exclusion of priests, church musicians and other official appointees engaged in spiritual work from the Working Time Act (872/2019). The Committee requests the Government to provide its comments in this regard.

B.Annual holidays with pay

Article 12 of Convention No. 132. Prohibition to relinquish or forgo the right to an annual holiday with pay. Following its previous comments, the Committee notes that section 26 of the Annual Holidays Act (162/2005), as amended, continues to provide that leave can be replaced with monetary compensation if, due to prolonged incapacity for work, it is impossible to grant leave. The Committee notes the Government’s statement in its report that replacing annual holiday with monetary compensation in the event of prolonged incapacity for work has been considered more advantageous for the employee, and that, even in circumstances of prolonged incapacity, the employer and employee may agree that the holiday will be taken after the employee returns to work. The Committee requests the Government to indicate the situations in which this provision has been applied in practice, including the types of situations considered to be prolonged incapacity under section 26 of the Annual Holidays Act (162/2005). The Committee also requests the Government to indicate the legislative provisions, if any, guaranteeing that employers and employees can agree on holidays being taken after the employee’s return to work, even in circumstances of prolonged incapacity.

C.Part-time work

Article 3 of Convention No. 175. Whole or partial exclusions. The Committee notes the Government’s indication in its report that it has excluded from the scope of the Convention the categories of workers to which the Employment Contracts Act (55/2001), the State Civil Servants Act (750/1994), the Municipal Civil Servants Act (304 of 2003), the Working Time Act (872/2019) and the Annual Holidays Act (162/2005) do not apply. The Committee requests the Government to indicate the reasons why these exclusions were judged necessary, in accordance with Article 3(2) of the Convention.

Articles 9 and 10 of Convention No. 175. Measures to facilitate access to part-time work and to ensure voluntary transfer from full-time to part-time work or vice versa. Following its previous comments, the Committee notes that the Government indicates that: (i) according to a 2021 labour survey, 473,000 employed persons in Finland worked part-time, representing 19 per cent of all employed persons, and that less than one-third of those part-time workers would prefer to work full-time; (ii) the Nordic labour market service model, that entered into force in May 2022, provides the organization of an initial interview for jobseekers working part-time followed by a job search discussion every three months; complementary job search discussions following the initial interview may be organised at the jobseeker’s request; and (iii) employers are required to review their labour-related needs every 12 months and to give a well-grounded response in writing to the employees working on a part-time basis who request the possibility of extending their regular working hours. The Committee nevertheless notes that, according to the observations of the SAK and the STTK, involuntary part-time work remains on the rise. The Committee requests the Government to continue to provide information on the results of the application of these measures, and on the number of workers in involuntary part-time work.

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

Article 12 of the Convention. Prohibition to relinquish or forgo the right to an annual holiday with pay. In its previous comment, the Committee noted that section 26(1) of the Annual Holidays Act, under which annual leave postponed due to incapacity for work may be replaced by monetary compensation, is inconsistent with the principle of the Convention that a cash allowance in lieu of leave is only permitted in the case of termination of employment. In its reply, the Government states that this provision can be applied only in situations in which the incapacity to work has continued for a long time, and therefore does not violate the employee’s right to paid leave. The Committee recalls, in this connection, that the Convention requires that any period of annual paid leave, which may not be taken (for instance due to sickness or injury), be deferred but not lost or compensated (except in the case of termination of employment). The Committee also recalls that in several recent judgments (Case C-350/06 Schultz Hoff, Case C-78/11 Anged) the European Court of Justice has reaffirmed the inalienable character of the workers’ right to an annual holiday with pay and has clearly established that an employee who has not had the opportunity to take the leave cannot have the leave extinguished even if any carry over period has expired. The Committee wishes to emphasize the importance of workers effectively enjoying their right to a period of relaxation and leisure every year. The Committee accordingly requests the Government to take the necessary measures to ensure that monetary compensation may be offered in lieu of annual leave only in the case of any unused leave upon termination of employment.

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

Articles 9 and 10 of the Convention. Measures to facilitate access to part time work and to ensure voluntary transfer from full-time to part-time work. The Committee notes the Government’s explanations that two differing trends can be observed with regard to part-time work; in many fields, part-time work is a positive opportunity in terms of promoting employment and lengthening working careers, especially for young workers, childcaring parents, and long-term unemployed. In other areas, however, there is a significant amount of involuntary part-time work owing to factors such as strong fluctuation in demand. The Government adds that part-time work is most frequent in the retail trade and in catering and the proportion of part-time employment is approximately 14 per cent.

In addition, the Committee notes the comments of the Central Organization of Finnish Trade Unions (SAK) which alleges that while Chapter 2, section 5 of the Employment Contracts Act (55/2001), as amended, requires an employer to offer additional jobs to his/her part-time employees if the employer needs more employees for tasks that would suit his/her part-time employees, does not function in practice, because in employment contracts, employees are increasingly expected to consent to short-term additional work, making it more difficult to reconcile work and free time. In its reply, the Government indicates that the tripartite working group of the Ministry of Employment and Economy, which examined questions related to part-time work from September to December 2012, considered the possibility of a priority arrangement in the distribution of additional work but noted that problems linked with offering additional work can probably not be resolved through legislation. The Government further indicates that the law requires employees to be treated even-handedly and without discrimination and these obligations need to be followed also when additional work is offered. The Committee requests the Government to continue to supply information on the evolving patterns of part time employment, in particular any measures or initiatives designed to improve job opportunities for those trapped in involuntary part-time work.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7(a) of the Convention. Maternity protection. The Committee notes that, according to the Government’s indication, Chapter 2, section 2(2), of the Employment Contracts Act (55/2001), as last amended in 2006, sets out the principle of equality of right between part-time and other types of workers, providing that part-time workers must not be placed under less favourable employment terms for the sole reason that they work part-time, and that the Supreme Court confirmed in its decision KKO 2008:28, ruling that working part time does not justify different treatment in an employee’s eligibility for incentive programmes. It also notes that, in accordance with these principles, part-time female workers benefit from various maternity protection measures, including maternity leave, special maternity leave and parental leave (Chapter 4, section 1, of the Employment Contracts Act), possibility to work during the maternity allowance period (Chapter 4, section 2), childcare leave (Chapter 4, sections 3–6), and transfer possibility to other work assignment suitable for their working capacity and suitable skill (section 11(2) of the Occupational Safety and Health Act (738/2002)).

Article 8. Thresholds for exclusion from social security schemes. The Committee notes the information provided by the Government that the minimum income to accrue pension, which is currently set at €47.08 per month, is fixed in collaboration with employers’ and workers’ organizations and is reviewed every year for adjustment following changes in wages and prices. It also notes that the national legislation provides for a minimum yearly income of €1,154 above which workers are entitled to a daily sickness allowance. Even persons whose income is below the threshold after completing a qualifying period of 55 days are entitled to the minimum sickness allowance (€15.2 per day for 2008).

Article 9. Access to part-time work. The Committee notes the information provided by the Government concerning employment promotion schemes, including the part-time pay supplement programme, under which supplementary payment can be granted in order to compensate for the reduction in earnings of employer agrees to hire at the same time an unemployed jobseeker registered at an employment office. The amount of part-time work pay supplementary benefit is half of the difference between the salary for full-time work and that for part-time work and is payable for 12 months at the most. It also notes that wage subsidy is provided to an employer who agrees to engage unemployed jobseekers, including part-time workers. This programme is aimed at the promotion of employment of young persons, long-term unemployed and disabled unemployed. The Committee requests the Government to continue to provide full particulars on all initiatives and policy measures aimed at promoting freely chosen part-time work but also protecting working people from involuntary part-time employment, especially women who make up the majority of part-time workers. The Committee would also be interested in receiving information on any measures designed to increase the motivation, commitment and job stability of atypical workers, such as part-time workers, for instance training opportunities, career advancement or access to occupational mobility.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide up to date and documented information concerning the application of the Convention in practice, including, for instance, the approximate number of part-time workers, broken down by age and gender, and an indication of those who are excluded from the coverage of social security schemes; extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed; copies of relevant collective agreements; recent surveys or studies relating to part-time employment, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Forty-hour week. The Committee notes the provisions of the Working Hours Act (605/1996), as last amended in 2005, in particular sections 19–20 which fix the maximum amount of overtime to 138 hours in a four-month period, or 250 hours in a calendar year, with the possibility of agreeing on additional overtime of up to 80 hours per year while employees may be required to do up to five hours of preparation or completion work per week in addition to the maximum overtime hours. The Committee also notes that subject to these statutory numerical limits, overtime, which is defined as any work carried out on the employer’s initiative in excess of regular working hours, seems to be generally permissible, hence not limited to any specific conditions or circumstances justifying its use. The Committee wishes to refer, in this respect, to Paragraph 14 of the Reduction of Hours of Work Recommendation, 1962 (No. 116), which envisages exceptions of three kinds (permanent, temporary, periodical) to the normal hours of work and provides that the competent authorities in each country should determine the circumstances and limits of such exceptions. The Committee further refers to paragraph 79 of its General Survey of 1984 on working time in which it noted that undue facilitation of overtime, for example, by not limiting the circumstances in which it may be permitted or by allowing relatively high maximums, could in the most egregious cases tend to defeat the objective of a social standard of a 40‑hour week and make irrelevant the provisions as to normal working hours. The Committee therefore requests the Government to supply more detailed information on the conditions under which overtime is permissible in the light of the relevant provisions of Recommendation No. 116.

In addition, the Committee recalls its previous comment in which it expressed the view that allowing the averaging of working hours over a general reference period of one year appears to be too long to guarantee full application of the principle of a 40-hour week as embodied in the Convention. It once again refers to Paragraph 12(1) of Recommendation No. 116 which provides that the variable distribution of working hours over a period longer than one week should be permitted when special conditions in certain branches of activity or technical needs justify it. The Committee is obliged to reiterate that the longer the reference period, the greater the possible deviations from the regular weekly working hours, to the point of rendering eventually meaningless the very essence of the principle of progressive reduction of hours of work. The Committee requests the Government to provide full particulars, including all available statistics and any relevant documents, on working time flexibility schemes currently in place allowing weekly working hours to be averaged over a 52-week reference period, in particular the number of workers and types of enterprises concerned as well as an indication on the maximum amount of hours worked daily and weekly under such schemes.

Moreover, the Committee notes that, under section 29 of the Working Hours Act, when the practical organization of work so requires, the daily rest period may be shortened to seven hours, and even to five hours during no more than three consecutive days. The Committee considers that neither operational reasons nor the worker’s prior consent may justify such unreasonably short daily rest periods. This point has also been raised by the European Committee of Social Rights which in its 2007 conclusions found that the situation in Finland is not in conformity with Article 2(1) of the Revised Social Charter as the Working Hours Act permits daily rest period to be reduced to seven and even five hours. The Committee further considers that even though none of the Conventions Nos 1, 30 or 47 concerning hours of work – nor Recommendation No. 116 which was designed to facilitate their implementation – contains provisions on daily rest (as opposed to sectoral instruments such Conventions Nos 153 and 180 on road transport workers and seafarers respectively), the question of sufficient rest intervals between working days is intrinsically linked to the spirit of these instruments and their ultimate objective of ensuring meaningful protection against undue fatigue and also reasonable leisure and opportunities for recreation and social life. The Committee therefore requests the Government to provide additional explanations as to how a policy of reducing working hours while maintaining the standard of living may be construed to be consonant with such restrictive provisions on daily rest periods.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide together with its next report up to date information on the practical application of the Convention, including for instance, extracts from labour inspection reports showing the number and nature of contraventions reported with regard to hours worked in excess of the 40-hour week; statistics concerning the categories and number of workers to whom the principle of 40-hour week has been applied and the number of hours worked in excess of the 40-hour week; the categories and number of workers to whom the principle of the 40-hour week has not as yet been applied and the normal hours of work applicable to these workers; official studies or reports on working time issues and especially the question of the reduction of hours of work in relation to factors such as the effect of new technologies and employment policy objectives; trends on working time arrangements as reflected in recent collective agreements, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 2, of the Convention. Payment of holiday pay in advance. The Committee notes that, under section 15 of the new Annual Holidays Act, for a holiday period not exceeding six days, the holiday pay may be given on the employee’s normal pay day. While noting that no analogous provision was included in the previous Annual Holidays Act, the Committee requests the Government to indicate the measures taken or envisaged to ensure that holiday pay is – in all cases – paid in advance of the holiday, as prescribed by this Article of the Convention.

Article 12. Prohibition to relinquish or forego annual holidays. The Committee notes that, under section 26(1) of the Annual Holidays Act, if annual holidays postponed because of incapacity for work cannot be granted within prescribed limits, they may be replaced by monetary compensation. While noting that no similar provision was contained in the previous Annual Holidays Act, the Committee considers that such provision may be run counter to the principle of the Convention that prohibits any agreement to relinquish the right to annual paid leave or to forgo such leave for compensation, except in case of termination of employment. It therefore requests the Government to provide further explanations in this respect.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue to provide all available information on the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of violations observed and sanctions imposed, copies of collective agreements, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report and the comments made by the Confederation of Finnish Industry and Employers (TT), the Employers’ Confederation of Service Industries in Finland (Palvelutyönantajat), the Central Organization of Finnish Trade Unions (SAK), the Commission for Local Authority Employers (KT) and the State Employer’s Office (VTML), concerning the averaging of the 40-hour week over a one-year period, which in Finland is permissible under section 6, paragraph 2, of the Working Hours Act (No. 605/1996) as amended by several Acts, including No. 624/2002.

The Government’s report and the employers’ comments state that in practice fixed regular weekly hours are the norm for working-hours arrangements, and that the average weekly working hours of waged and salaried employees are considerably shorter than 40 hours. The employers’ organizations TT and Palvelutyönantajat point out that the transition towards calculating working hours over periods longer than a week has been brought on by new arrangements in working hours and became a global trend. They further refer to EU Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time which allows the averaging of working time over a period longer than a week.

According to the workers’ organization, SAK, under collective agreements, calculation periods of six weeks, eight weeks, 26 weeks, three months or six months are not uncommon. It stresses that a period of six months should not be exceeded, in order to ensure that labour protection is not jeopardized. Also, the EU Council Directive 93/104/EC restricts the reference period for the calculation of the average working time to four months.

The Committee would like to point out that in general a reference period of up to one year appears to be too long to guarantee full application of the principle of 40 hours as embodied in the Convention. In fact, Paragraph 12(1) of the Reduction of Hours of Work Recommendation, 1962 (No. 116), stipulates that the calculation of normal hours of work as an average over a period longer than a week should only be permitted when special conditions in certain branches of activities or technical needs justify it. Where hours of work are calculated as an average, it is clear that the longer the reference period is, the greater is also the risk of abuses. The averaging of working hours opens the possibility of employing a person for a longer period of time, for more than 40 hours a week and to terminate the employment relationship without balancing the working time to the average level of 40 hours.

The Committee therefore requests the Government to consider reviewing the legislation to ensure fuller application of the principle of the 40-hour week and to keep it informed on any developments in this direction.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with interest the detailed information provided in the Government’s first report. It also notes the observations made by the Commission for Local Authority Employers (KT) and the Central Organization of Finnish Trade Unions (SAK).

Article 7(a) of the Convention. While noting the information contained in the Government’s report concerning the maternity and the parental allowance, the Committee requests the Government to provide in its next report supplementary information on measures taken or envisaged to ensure that part-time female workers receive equivalent treatment to full-time workers in respect of other aspects of maternity protection, such as maternity leave, health protection of the mother and the child, transfer to more appropriate work, protection against dismissal and income maintenance.

Article 8. The Committee notes that the sickness insurance and employment pension systems operate on the basis of the level of earnings and exclude employees whose annual or monthly income is below prescribed minimum amounts. While noting that the thresholds communicated by the Government in its report appear sufficiently low, the Committee requests the Government to communicate additional information on the periodical review of the thresholds in force, the consultations with employers’ and workers’ organizations prior to their establishment, review or revision, and any consideration given to the progressive extension of protection to the workers excluded, as required under this Article of the Convention.

Article 9. The Committee notes the Government’s reference to the possibility of reduced working time for social or health reasons, partial childcare leave and part-time pension for ageing employees to demonstrate its effort to facilitate flexible work arrangements, freely agreed upon between the employer and the employee, especially having regard to the needs of specific groups such as workers with family responsibilities and older workers. The Committee requests the Government to supply general information on its employment policy in respect of part-time work, the measures taken to publicize possibilities of part-time work and to address the needs of other categories of workers such as the unemployed, disabled workers or workers undergoing education or training, as well as the results of any recent research on the degree to which part-time work responds to the economic and social aims of employers and workers.

In this connection, the Committee notes the comments made by the Commission for Local Authority Employers (KT) according to which the use of part-time employment contracts requires the removal of obstacles to part-time work, especially in view of the negative attitude of the workers’ movement towards all kinds of part-time work irrespective of how well it may meet the needs of employers and employees alike. It also notes the views expressed by the Central Organization of Finnish Trade Unions (SAK) to the effect that it is essential to develop legislation and collective agreements ensuring equal treatment for part-time workers since the terms of collective agreements are often intended to regulate full-time work conditions and cause practical problems when applied to part-time employees. The Committee requests the Government to indicate in its next report how it plans to address the concerns of its social partners regarding the promotion of part-time work and the need to guarantee in practice the equality of treatment for part-time workers.

Article 11. The Committee would appreciate receiving copies of any collective agreement containing specific regulations on part-time work, particularly as regards the protection referred to in Articles 4 to 7 of the Convention.

Part V of the report form. The Committee notes the statistical information concerning the percentage of part-time employment, the proportion of male and female part-time workers, and the total number of part-time civil servants. The Committee would be grateful to the Government for continuing to provide up-to-date information concerning the application of the Convention in practice, including extracts from inspection reports containing the number and nature of infringements observed and the penalties imposed, copies of recent surveys or studies relating to part-time employment issues, and any other particulars bearing on the implementation of the requirements set forth in the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Articles 5, 6, 7, 8, 9 and 10 of the Convention. Referring to section 16(2) of the Annual Holidays Act (272/1973), as amended by Act No. 65/2001, the Committee requests the Government to supply examples of collective agreements which, according to the amendment, may regulate the timing, calculation, accumulation, division and remuneration of holidays differently from the relevant provisions in the Annual Holidays Act.

The Government indicates that it appointed a tripartite committee in March 2001 to prepare, until the end of October of 2003, a total reform of the Annual Holidays Act, taking into consideration recent social and labour market developments and changes in both the national and European Community legislation. The Committee asks the Government to continue to inform it on any further legislative developments related to annual holidays with pay and to supply a copy of the relevant text when it is adopted.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report for the period ending May 1998. It also notes the information provided by the Confederation of Unions for Academic Professionals in Finland (AKAVA) on the results of the survey conducted in October 1997 on the average weekly hours of work of its members.

The Committee notes that, under section 6 of the Working Hours Act (No. 605/1996), normal daily working time may not exceed eight hours and weekly working time may not exceed 40 hours. The Committee notes that, according to section 6(2) of the Act in question, average weekly working time can be calculated on the basis of a period not exceeding 52 weeks. In this regard, the Committee wishes to draw the Government's attention to the fact that compliance with daily or weekly working time-limits is an essential means for safeguarding the health and well-being of workers and protecting them against abuses. Where hours of work are calculated as an average, the longer the reference period, the greater the risk of such abuses. With reference to its 1967 General Survey on hours of work, the Committee recalls that calculation of normal hours of work as an average over a period longer than one week should be exceptional and should be limited to certain sectors in which technical needs justify it (paragraph 142).

In these circumstances, the Committee requests the Government to indicate the manner in which it proposes to ensure full application of the principle of the 40-hour week embodied in the Convention and recalls that, under Article 1 of the Convention each Member ratifying the Convention declares its approval not only of the principle, but also undertakes to take or facilitate such measures as to apply this principle to the various classes of employment. The Committee therefore requests the Government to provide general indications on the manner in which the Convention is applied in practice, providing as far as possible the information requested under point V of the report form.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct request, the Committee notes with interest the detailed information provided by the Government in its report. The Committee notes in particular, the Government's indication that after the Committee on Annual Holidays completed its review of the annual leave legislation, and following negotiations between workers' and employers' organizations, the Ministry of Labour appointed a working group, with a deadline of 30 November 1994, to revise the Annual Holidays Act. The Committee requests the Government to indicate whether the annual leave legislation has been amended and to supply a copy of the relevant text when it is adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

I. The Committee notes with interest the information provided by the Government in its first report and requests the Government to provide further clarification on the following points:

1. Article 2, paragraphs 2 and 3. The Committee notes that the Annual Holidays Act does not apply to the family members in a business unless there are non-family members also employed, nor does it apply to any of the employer's family members in agricultural undertakings, irrespective of the status of the other employees. Furthermore, the Annual Holidays Act does not apply to persons paid solely in dividends. The Government is requested to indicate the manner in which the organizations of employers and workers concerned were consulted with respect to these exclusions and to keep the Office informed, in subsequent reports, of any developments in its law and practice in their regard.

The Government has also indicated in its report that separate provisions on annual holidays and holiday compensation exist for certain state part-time and ancillary civil servants as well as fee-paid teachers. The Government is requested to indicate, in its next report, whether these categories of workers are covered by the main provisions of the Annual Holidays Act and, if not, to specify the manner in which the Convention is applied to them.

2. Article 7, paragraph 2. The Committee notes that, under the Annual Holidays Act, holiday pay must be paid in advance of the holiday. The Government has indicated in its report, however, that, for civil servants, holiday pay is paid on the normal pay day. The Government is requested to indicate the measures taken or envisaged to ensure that civil servants are also paid the amounts due to them in advance of the holiday.

3. Article 8, paragraphs 1 and 2. The Committee notes that the division of annual holiday into parts of at least two working weeks is authorized under section 5 of the Annual Holidays Act. Furthermore, the Government indicates in its report that paid holidays for civil servants cannot be granted in more than two parts "against the person's will, without valid reason" and that section 22 of the Annual Holidays Act permits the Works Council to grant exemptions with respect to the rules on interruption of holidays for grave reasons. The Government is requested to indicate the measures taken to ensure that civil servants enjoy at least two uninterrupted working weeks of paid holiday and that exceptions may be granted only if it is so provided in an agreement applicable to the employer and the employed person concerned. The Government is also requested to indicate whether any exemptions have been made to section 5 of the Act by decision of works councils (section 22) and the measures taken or envisaged to ensure that, in any event, workers still enjoy at least two uninterrupted working weeks of holiday, in accordance with this Article of the Convention.

4. Article 9, paragraph 1. The Committee notes that section 4 of the Annual Holidays Act provides that leave is generally provided between the months of May and September and for seasonal workers can be granted within the calendar year in which the holiday credit ends. It further notes that section 22 of the Act permits derogations to this section with respect to the period of leave. The Government is requested to indicate whether any such derogations have been granted and the measures taken or envisaged to ensure, in the case of derogation, that the worker enjoys at least two working weeks of paid holiday within one year, and the remainder of the annual holiday no later than 18 months from the end of the year in respect of which the holiday entitlement has arisen.

5. Article 12. The Committee notes the indication in the Government's report that a contract which reduces an employee's statutory benefits is invalid under the Annual Holidays Act. Section 16 of the Act, however, only provides that an agreement by which the workers's remuneration under the Act is reduced is null and void. The Government is requested to indicate the measures taken to ensure that any agreement to relinquish the right to the minimum annual holiday with pay is null and void, in accordance with this Article of the Convention.

II. The Committee has noted the Government's indication in its report for the period ending 30 June 1990 under Convention No. 91 that a committee was set up in the spring of 1990 to revise the annual leave legislation and to study the defects and shortcomings in the application of the Annual Holidays Act. The Government is requested to keep the Office informed of any measures taken or envisaged to amend the annual leave legislation in the light of this review.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note with interest of the first and subsequent report of the Government. In this connection, it would be grateful if the Government would provide further information on the following point.

Article 1 of the Convention. The Committee notes that, under section 4 of the Act on employment relationships of domestic workers, the 40-hour work-week is not applied to domestic workers. In their case, a worker's regular week may total 90 hours during a two-week period. The Committee hopes that future reports will indicate the progress made in extending the principle of the 40-hour week to this category of workers.