Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s reference to section 96 of the new State Constitution (2008), which was approved in a constitutional referendum in May 2008 and is due to take effect in 2010, conferring powers to the national Parliament to enact laws, among other matters, on hours of work and rest and holidays. It also notes the Government’s indication that the revision process of the labour legislation has been initiated. Recalling that the Government has been referring for over 15 years to an ongoing review process by the Laws Scrutiny Central Body of the Attorney-General’s Office, the Committee hopes that the Government will take prompt action to give full effect to the requirements of the Convention.

Article 1 of the Convention. Scope of application. In the absence of any reply to its previous comment on this point, the Committee is obliged to reiterate its request for a copy of the Fundamental Rules and the Burma Leave Rules and additional clarifications on the legal provisions regulating annual paid leave for those workers who are excluded from the coverage of the Leave and Holidays Act 1951.

Article 2(1) and (4). Postponement of annual leave. Further to its previous comments on section 4(3) of the Leave and Holidays Act 1951, which allows for the accumulation of holidays over a period of three years, the Committee once again recalls that the Convention requires the granting of at least six working days of leave every year, even in case of division of the leave into parts. The Committee regrets that the Government has not proceeded – as it had indicated in earlier reports – to the amendment of section 4(3) on the occasion of the adoption of Law No. 6/2006 amending the Leave and Holidays Act 1951, and asks the Government to take appropriate steps for the timely revision of the relevant provision.

Article 2(2). Annual holiday with pay for persons under 16 years of age. The Committee notes that following the adoption of Law No. 6/2006 amending the Leave and Holidays Act 1951, amended section 4(1) of the Act now prescribes ten consecutive days of leave remunerated at average pay for all workers, regardless of their age, who have completed 12 months of continuous service. The Committee is bound to observe that the new provision is still inconsistent with this Article 2(2) of the Convention which provides that apprentices and persons under 16 years of age are entitled to annual paid leave of at least 12 working days. The Committee asks the Government to take all necessary measures to bring its legislation into conformity with the Convention.