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C132 Holidays with Pay Convention (Revised), 1970 
</font></h3></b><font size=-2>
Convention concerning Annual Holidays with Pay (Revised), 1970 
(Note: Date of coming into force: 30:06:1973.) 
<br>Convention:C132 
<br>Place:Geneva 
<br>Session of the Conference:54 
<br>Date of adoption:24:06:1970 
<br>Subject classification: 
<br>
      <br>
      Status: Other instrument 
 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its Fifty-fourth Session on 3 June 1970, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to holidays 
with pay, which is the fourth item on the agenda of the session, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the twenty-fourth day of June of the year one thousand nine hundred and 
seventy, the following Convention, which may be cited as the Holidays with Pay 
Convention (Revised), 1970:<p>
<p>
<p> 
<p>
Article 1<p>
The provisions of this Convention, in so far as they are not otherwise made 
effective by means of collective agreements, arbitration awards, court 
decisions, statutory wage fixing machinery, or in such other manner consistent 
with national practice as may be appropriate under national conditions, shall 
be given effect by national laws or regulations.<p>
<p>
Article 2<p>
1. This Convention applies to all employed persons, with the exception of 
seafarers.<p>
<p>
2. In so far as necessary, measures may be taken by the competent authority or 
through the appropriate machinery in a country, after consultation with the 
organisations of employers and workers concerned, where such exist, to exclude 
from the application of this Convention limited categories of employed persons 
in respect of whose employment special problems of a substantial nature, 
relating to enforcement or to legislative or constitutional matters, arise.<p>
<p>
3. Each Member which ratifies this Convention shall list in the first report 
on the application of the Convention submitted under article 22 of the 
Constitution of the International Labour Organisation any categories which may 
have been excluded in pursuance of paragraph 2 of this Article, giving the 
reasons for such exclusion, and shall state in subsequent reports the position 
of its law and practice in respect of the categories excluded, and the extent 
to which effect has been given or is proposed to be given to the Convention in 
respect of such categories.<p>
<p>
Article 3<p>
1. Every person to whom this Convention applies shall be entitled to an annual 
paid holiday of a specified minimum length.<p>
<p>
2. Each Member which ratifies this Convention shall specify the length of the 
holiday in a declaration appended to its ratification.<p>
<p>
3. The holiday shall in no case be less than three working weeks for one year 
of service.<p>
<p>
4. Each Member which has ratified this Convention may subsequently notify the 
Director-General of the International Labour Office, by a further declaration, 
that it specifies a holiday longer than that specified at the time of 
ratification.<p>
<p>
Article 4<p>
1. A person whose length of service in any year is less than that required for 
the full entitlement prescribed in the preceding Article shall be entitled in 
respect of that year to a holiday with pay proportionate to his length of 
service during that year.<p>
<p>
2. The expression <i>  year  </i> in paragraph 1 of this Article shall mean the 
calendar year or any other period of the same length determined by the 
competent authority or through the appropriate machinery in the country 
concerned.<p>
<p>
Article 5<p>
1. A minimum period of service may be required for entitlement to any annual 
holiday with pay.<p>
<p>
2. The length of any such qualifying period shall be determined by the 
competent authority or through the appropriate machinery in the country 
concerned but shall not exceed six months.<p>
<p>
3. The manner in which length of service is calculated for the purpose of 
holiday entitlement shall be determined by the competent authority or through 
the appropriate machinery in each country.<p>
<p>
4. Under conditions to be determined by the competent authority or through the 
appropriate machinery in each country, absence from work for such reasons 
beyond the control of the employed person concerned as illness, injury or 
maternity shall be counted as part of the period of service.<p>
<p>
Article 6<p>
1. Public and customary holidays, whether or not they fall during the annual 
holiday, shall not be counted as part of the minimum annual holiday with pay 
prescribed in Article 3, paragraph 3, of this Convention.<p>
<p>
2. Under conditions to be determined by the competent authority or through the 
appropriate machinery in each country, periods of incapacity for work 
resulting from sickness or injury may not be counted as part of the minimum 
annual holiday with pay prescribed in Article 3, paragraph 3, of this 
Convention.<p>
<p>
Article 7<p>
1. Every person taking the holiday envisaged in this Convention shall receive 
in respect of the full period of that holiday at least his normal or average 
remuneration (including the cash equivalent of any part of that remuneration 
which is paid in kind and which is not a permanent benefit continuing whether 
or not the person concerned is on holiday), calculated in a manner to be 
determined by the competent authority or through the appropriate machinery in 
each country.<p>
<p>
2. The amounts due in pursuance of paragraph 1 of this Article shall be paid 
to the person concerned in advance of the holiday; unless otherwise provided 
in an agreement applicable to him and the employer.<p>
<p>
Article 8<p>
1. The division of the annual holiday with pay into parts may be authorised by 
the competent authority or through the appropriate machinery in each country.<p>
<p>
2. Unless otherwise provided in an agreement applicable to the employer and 
the employed person concerned, and on condition that the length of service of 
the person concerned entitles him to such a period, one of the parts shall 
consist of at least two uninterrupted working weeks.<p>
<p>
Article 9<p>
1. The uninterrupted part of the annual holiday with pay referred to in 
Article 8, paragraph 2, of this Convention shall be granted and taken no later 
than one year, and the remainder of the annual holiday with pay no later than 
eighteen months, from the end of the year in respect of which the holiday 
entitlement has arisen.<p>
<p>
2. Any part of the annual holiday which exceeds a stated minimum may be 
postponed, with the consent of the employed person concerned, beyond the 
period specified in paragraph 1 of this Article and up to a further specified 
time limit.<p>
<p>
3. The minimum and the time limit referred to in paragraph 2 of this Article 
shall be determined by the competent authority after consultation with the 
organisations of employers and workers concerned, or through collective 
bargaining, or in such other manner consistent with national practice as may 
be appropriate under national conditions.<p>
<p>
Article 10<p>
1. The time at which the holiday is to be taken shall, unless it is fixed by 
regulation, collective agreement, arbitration award or other means consistent 
with national practice, be determined by the employer after consultation with 
the employed person concerned or his representatives.<p>
<p>
2. In fixing the time at which the holiday is to be taken, work requirements 
and the opportunities for rest and relaxation available to the employed person 
shall be taken into account.<p>
<p>
Article 11<p>
An employed person who has completed a minimum period of service corresponding 
to that which may be required under Article 5, paragraph 1, of this Convention 
shall receive, upon termination of employment, a holiday with pay 
proportionate to the length of service for which he has not received such a 
holiday, or compensation in lieu thereof, or the equivalent holiday credit.<p>
<p>
Article 12<p>
Agreements to relinquish the right to the minimum annual holiday with pay 
prescribed in Article 3, paragraph 3, of this Convention or to forgo such a 
holiday, for compensation or otherwise, shall, as appropriate to national 
conditions, be null and void or be prohibited.<p>
<p>
Article 13<p>
Special rules may be laid down by the competent authority or through the 
appropriate machinery in each country in respect of cases in which the 
employed person engages, during the holiday, in a gainful activity conflicting 
with the purpose of the holiday.<p>
<p>
Article 14<p>
Effective measures appropriate to the manner in which effect is given to the 
provisions of this Convention shall be taken to ensure the proper application 
and enforcement of regulations or provisions concerning holidays with pay, by 
means of adequate inspection or otherwise.<p>
<p>
Article 15<p>
1. Each Member may accept the obligations of this Convention separately--<p>
 (a) in respect of employed persons in economic sectors other than 
agriculture;<p>
 (b) in respect of employed persons in agriculture.<p>
<p>
2. Each Member shall specify in its ratification whether it accepts the 
obligations of the Convention in respect of the persons covered by 
subparagraph (a) of paragraph 1 of this Article, in respect of the persons 
covered by subparagraph (b) of paragraph 1 of this Article, or in respect of 
both.<p>
<p>
3. Each Member which has on ratification accepted the obligations of this 
Convention only in respect either of the persons covered by subparagraph (a)of 
paragraph 1 of this Article or of the persons covered by subparagraph (b) of 
paragraph 1 of this Article may subsequently notify the Director-General of 
the International Labour Office that it accepts the obligations of the 
Convention in respect of all persons to whom this Convention applies.<p>
<p>
Article 16<p>
This Convention revises the Holidays with Pay Convention, 1936, and the 
Holidays with Pay (Agriculture) Convention, 1952, on the following terms:<p>
 (a) acceptance of the obligations of this Convention in respect of employed 
persons in economic sectors other than agriculture by a Member which is a 
party to the Holidays with Pay Convention, 1936, shall ipso jure involve the 
immediate denunciation of that Convention;<p>
 (b) acceptance of the obligations of this Convention in respect of employed 
persons in agriculture by a Member which is a party to the Holidays with Pay 
(Agriculture) Convention, 1952, shall ipso jure involve the immediate 
denunciation of that Convention;<p>
 (c) the coming into force of this Convention shall not close the Holidays 
with Pay (Agriculture) Convention, 1952, to further ratification.<p>
 <p>
Article 17<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 18<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
Article 19<p>
   1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an Act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation should not take effect until 
one year after the date on which it is registered.<p>
<p>
   2. Each Member which has ratified this Convention and which does not, 
within the year following the expiration of the period of ten years mentioned 
in the preceding paragraph, exercise the right of denunciation provided for in 
this Article, will be bound for another period of ten years and, thereafter, 
may denounce this Convention at the expiration of each period of ten years 
under the terms provided for in this Article.<p>
<p>
Article 20<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
   2. When notifying the Members of the Organisation of the registration of 
the second ratification communicated to him, the Director-General shall draw 
the attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 21<p>
   The Director-General of the International Labour Office shall communicate 
to the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 22<p>
   At such times as may consider necessary the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 23<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
a) the ratification by a Member of the new revising Convention shall ipso jure 
involve the immediate denunciation of this Convention, notwithstanding the 
provisions of Article 19 above, if and when the new revising Convention shall 
have come into force;<p>
<p>
b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
   2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 24<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p>
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