E/C.12/GC/23
Leave due to illness or other justified reasons should not be deducted from paid annual
leave.
42.
Part-time workers should receive paid annual leave equivalent to that of comparable
full-time workers and proportionate to hours of work. A failure to include part-time
workers in the scope of legislation will lead to inequality between men and women where a
higher proportion of women rely on part-time work, for example, when returning to work
after maternity leave.
43.
The timing for taking paid annual leave should be subject to a negotiated decision
between the employer and the worker; however, legislation should set a minimum period of
ideally two weeks of uninterrupted paid annual leave. Workers may not relinquish such
leave, including in exchange for compensation. Upon termination of employment, workers
should receive the period of annual leave outstanding or alternative compensation
amounting to the same level of pay entitlement or holiday credit.
44.
Legislation should identify other forms of leave, in particular entitlements to
maternity, paternity and parental leave, to leave for family reasons and to paid sick leave.
Workers should not be placed on temporary contracts in order to be excluded from such
leave entitlements.
6.
Paid public holidays
45.
Workers should benefit from a set number of public holidays with payment of wages
equivalent to those for a normal working day. Workers who have to work on public
holidays should receive at least the same wage as on a normal working day, as well as
compensatory leave corresponding to the time worked. The setting of a minimum work
requirement for entitlement to paid public holidays should be prohibited by law. Paid public
holidays should not be counted as part of annual leave entitlements.
7.
Flexible working arrangements
46.
In the light of contemporary developments in labour law and practice, the
development of a national policy on flexibility in the workplace might be appropriate. Such
a policy could include flexible arrangements in the scheduling of working hours, for
example through flextime, compressed working weeks and job-sharing, as well as
flexibility regarding the place of work to include work at home, telework or work from a
satellite work centre. Those measures can also contribute towards a better balance between
work and family responsibilities, provided they respond to the different requirements and
challenges faced by male and female workers. Flexible working arrangements must meet
the needs of both workers and employers, and in no case should they be used to undermine
the right to just and favourable conditions of work.
E.
Special topics of broad application
47.
The right to just and favourable conditions of work relates to specific workers:
(a)
Female workers: Progress on the three key interrelated indicators for gender
equality in the context of labour rights — the “glass ceiling”, the “gender pay gap” and the
“sticky floor” — remains far from satisfactory. Intersectional discrimination and the
absence of a life-cycle approach regarding the needs of women lead to accumulated
disadvantages that have a negative impact on the right to just and favourable conditions of
work and other rights. Particular attention is needed to address occupational segregation by
sex and to achieve equal remuneration for work of equal value, as well as equal opportunity
for promotion, including through the introduction of temporary special measures. Any
assessment of the “value” of work must avoid gender stereotypes that could undervalue
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