Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee has noted the Government’s latest report on application of the Convention. In it the Government indicates that draft texts revising the 1951 Acts on factories, shops and undertakings and on holidays and public holidays are still under consideration by the legislative supervisory body. With reference to its previous comments, the Committee recalls that these texts must ensure the application of the Convention to all the undertakings set forth in Article 1 of the Convention, particularly small establishments, shops and offices as well as building and public works and road transport undertakings. They should also ensure application of the provisions of the Convention on the two points below which have been the subject of comments by the Committee for many years.

  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 allowed only 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 permitting the accumulation of earned leave.

The Committee trusts that the revised texts will be adopted very shortly and that the Government will thus be able to give an account in its next report of progress made in application of the Convention.

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