Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes that the Government has not provided new information in reply to its previous comments. The Government simply repeats 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. The Committee must therefore insist that the Government take appropriate action with regard to its previous observations.

Article 1 of the Convention. In addition to its previous observations concerning the scope of the Convention, the Committee points out that, according to Article 1(1)(f) of the Convention, persons engaged mainly in clerical work in public administrative services are also covered by the Convention. In so far, section 2(4)(e) of the Leave and Holidays Act, 1951, is not consistent with the Convention.

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. Section 4(1) of the Leave and Holidays Act, which allows workers between 15 and 16 years only ten days, is not in conformity with the Convention.

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) shall be void, whereas section 4(3) of the same Act allows agreements permitting the accumulation of earned leave.

The Committee urges the Government to take the steps necessary for the adoption of the revised texts very soon and once again expresses its hope that the Government will be able to give an account in its next report of progress made in the application of the Convention.