Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

Further to its earlier observations, the Committee notes that the Government now envisages a review of legislation relating to the Convention. The Committee's outstanding comments concern the following difficulties:

Article 1 of the Convention. The Leave and Holidays Act, 1951, does not apply to all undertakings covered by the Convention - for example, small establishments exempted from the Factories Act; shops and offices in places to which the Shops and Offices Act has not been extended; building and public works undertakings; road transport undertakings. Article 2(2). Workers between 15 and 16 years of age are only allowed a holiday of ten days (section 4(1) of the Act), whereas under the Convention, every person under 16 years of age after one year of continuous service should be entitled to an annual holiday with pay of at least 12 working days. Article 4. The 1951 Act (section 4(3)) allows agreements between employer and employee to accumulate earned leave, whereas under the Convention any agreement to forgo or to relinquish the right to the annual holiday with pay laid down in the Convention (i.e. at least six working days, or, in the case of persons under 16 years of age, at least 12 working days) must be void.

The Committee hopes that the Government's review of the legislation will lead to the full application of the Convention in the very near future, and that the Government will supply details.

[The Government is asked to report in detail for the period ending 30 June 1992.]