INTERNATIONAL LABOR ORGANIZATION CONVENTION

of June 24, 1970 No. 132

About paid leaves

The general conference of the International Labour Organization convened in Geneva by Administrative board of the International Labor Office and which gathered on June 3, 1970 for the fifty fourth session, having decided to accept number of offers on paid leaves that is the fourth item on the agenda of session and to give to these offers the form of the international convention, accepts this twenty fourth day of June one thousand nine hundred seventieth years the following Convention on which references as on the Convention of 1970 on paid leaves are possible (with amendments):

Article 1

Provisions of this Convention are applied through the national legal system and regulatory legal acts, in that measure in what they are not applied differently by means of collective agreements, arbitral and judgments of state mechanisms of establishment of the salary or any other similar tools according to practice of this country and taking into account the conditions existing in it.

Article 2

1. The convention is applied to all working persons, except for seamen.

2. In case of need after consultations with the relevant organizations of employers and workers if those exist, competent authority of the power or the relevant government in each separately taken country measures for exception of scope of this Convention of separate categories of persons working on hiring, application of the Convention concerning which causes serious difficulties or questions of legislative or constitutional nature, can be taken.

3. Each member of the ILO ratifying this Convention lists all categories which could be excluded according to Item 2 of this Article in the first report on the application of the Convention represented according to article 22 of the Charter of the International Labour Organization, with indication of the reasons of such exception, and in the subsequent reports reports about condition of the legislation and on the practice concerning the excluded categories, and also about in what degree application of the Convention concerning such categories is performed or is supposed.

Article 3

1. Each person to whom this Convention is applied has the right to annual paid leave of the established minimum duration.

2. Each member of the ILO ratifying the Convention in case of ratification specifies leave duration in the statement.

3. In any case leave cannot constitute less than three business weeks in one year of work.

4. Each member of the ILO ratifying the Convention, maybe afterwards in the new statement to notify the Director-General of the International Labour Office that he determines longer leave, than that which was specified in case of ratification.

Article 4

1. Person whose employment duration within any year is less than that duration which is required for the acquisition of right to complete leave provided in the previous Article has the right to paid leave for such year which duration shall be pro rata to duration of its work within this year.

2. Expression in Item 1 of this Article means "year" the calendar year or any period of the same duration determined by competent authority of the power or other relevant organ in each separately taken country.

Article 5

1. For receipt of the right to annual paid leave the minimum period of work can be required.

2. Duration of such period of work is determined by competent authority of the power or installed in other ordered procedure in everyone separately to the taken country, but shall not exceed six months.

3. The method of calculation of duration of the period of work for the purpose of recognition of the right to leave is established by competent authority of the power or other relevant organ in each country.

4. In accordance with the terms, determined by competent authority of the power or other relevant organ in each country, absence from work by such reasons which are not depending on the interested worker as disease, accident (injury) or maternity leave, is set off in length of service.

Article 6

1. The public and national holidays and non-working days irrespective of, they have for annual leave or not, are not set off as part of the minimum annual paid leave, stipulated in Item 3 Articles 3 of this Convention.

2. In accordance with the terms, determined by competent authority of the power or other relevant organ in each country, the disability periods caused by disease or accident cannot be set off as part of the minimum annual paid leave, stipulated in Item 3 Articles 3 of this Convention.

Article 7

1. Each person using the leave provided in this Convention receives for the complete period of this leave, at least, the common or average salary (including equivalent in the form of cash of any part of this remuneration which is usually issued by nature and which is not the permanent payment made irrespective of is this person on vacation or not) counted by the method determined by competent authority of the power or other relevant organ in each country.

2. The amounts which are payable according to Item 1 of this Article are paid to this person before leave if other is not provided in the agreement touching this face and the employer.

Article 8

1. Breakdown of annual paid leave on part can be resolved by competent authority of the power or other relevant organ in each country.

2. If other is not provided in the agreement connecting the employer and the worker, then provided that employment duration grants to the worker such right, one of parts of leave shall constitute, at least, two continuous business weeks.

Article 9

1. The continuous part of annual paid leave mentioned in Item 2 of Article 8 of this Convention is provided and used not later, than within one year, and remaining balance of annual paid leave not later, than within eighteen months after the termination of that year for which leave is granted.

2. Any part of annual leave over the established minimum duration can be postponed with the consent of the worker for the period which is exceeding that which is specified in Item 1 of this Article, but not going beyond the certain separately set limits.

3. The minimum duration and limits of time mentioned in Item 2 of this Article are determined by competent authority after consultation with the interested organizations of employers and workers or by means of collective bargainings, or other similar method corresponding to national practice and national conditions.

Article 10

1. Leave provision time if it is not established by regulating documents, the collective agreement, the arbitral decision or different ways corresponding to national practice is determined by the employer after consultation with the worker or with his representatives.

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