Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Holidays with Pay Convention, 1936 (No. 52) - Myanmar (Ratification: 1954)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations, the Committee noted the Government's indication that the Factories Act (1951), the Shops and Establishments Act (1951) and the Leave and Holidays Act (1951) had been reviewed and redrafted taking into consideration the Committee's comments and that the revised texts were undergoing final review by the Laws Security Central Body. The Government's latest report indicates that the draft labour laws are still under review. The Committee would be grateful if the Government would indicate any more recent developments in this respect. It also hopes that the revised texts will be adopted and transmitted to the Office in the very near future. Furthermore, the Committee trusts that the adopted texts will ensure the application of the Convention to all undertakings set forth in Article 1 of the Convention, particularly those small establishments, shops and offices not currently covered by the legislation, as well as building and public works and road transport undertakings. In this connection, the Committee reiterates to the Government the following points: Article 2, paragraph 2. Every person under 16 years of age should be entitled to an annual holiday with pay of at least 12 working days after one year of continuous service, whereas under section 4(1) of the Leave and Holidays Act workers between 15 and 16 years are only allowed ten days. Article 4. Any agreement to forego or relinquish the right to the minimum annual holiday with pay laid down in the Convention (six working days, or, in the case of persons under 16 years of age, 12 working days) must be void, whereas section 4(3) of the same Act allows agreements to accumulate earned leave.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.