Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 132) sur les congés payés (révisée), 1970 - Yémen (Ratification: 1976)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. It hopes the order will be adopted soon and a copy will be communicated with the next report.

Article 4. Further to previous comments, the Committee notes with interest that legislation to guarantee a paid holiday proportionate to service in any year of less than required for entitlement to the full annual holiday will be contained in a new labour code, extracts of the draft of which are quoted in the report. The Committee also notes that section 53 of Law No. 19 of 1991 concerning the public service does not appear to lay down requirements in this respect, although the Government states that the practice conforms to the Convention. The Committee hopes that the necessary legislative measures will soon be taken in respect of all workers covered by the Convention, and that copies of the relevant provisions will be sent. Please transmit the full text of Law No. 19.

Article 6, paragraph 2. Further to previous comments, the Committee notes with interest that section 84 of the new draft labour code and rules to be promulgated under section 61 of Law No. 19 will set forth conditions under which periods of incapacity for work resulting from sickness which occur during the holidays may not be counted as part of the annual leave. Please forward a copy of the relevant provisions as soon as they are adopted.

Articles 9 and 12. Further to previous comments, the Committee notes section 81, paragraphs 3 and 5, of the new draft labour code, cited by the Government. It hopes that the Government will soon be able to report that this draft has been adopted, ensuring that the minimum annual paid holiday cannot be relinquished or forgone. With regard to the public service, the Committee notes the provisions of Law No. 19 cited by the Government.

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