Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Holidays with Pay Convention, 1936 (No. 52) - Georgia (Ratification: 1993)

Articles 2 and 6 of the Convention. Right to annual holidays with pay. The Committee notes the observations made by the Georgian Trade Union Confederation (GTUC) concerning the application of the Convention. The GTUC indicates that, in practice, there are cases in which employees work on the basis of a one-month renewable employment contract, thus never becoming eligible for annual holidays with pay. The GTUC considers that this situation is in practice tantamount to relinquishing the workers’ entitlement to annual paid leave and therefore such contracts should be considered null and void. The GTUC also indicates that, as a matter of frequent practice, many employees are dismissed before they take paid leave to which they are entitled, and the legislation makes no provision for the payment of monetary compensation for any unused portion of annual leave upon termination of employment. Recalling that the GTUC had communicated similar comments in 2008, which the Government has so far failed to address, the Committee requests the Government to transmit any comments it may wish to make in reply to the new observations of the GTUC.

[The Government is asked to reply in detail to the present comments in 2012.]