Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Yemen (Ratification: 1976)

The Committee notes the information supplied by the Government in reply to its previous comments concerning the application of Article 5, paragraph 4, Article 7, paragraph 2, and Articles 8 and 9 of the Convention.

Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes that the Government is working towards the adoption of a Ministerial Order to regulate the situation of domestic staff, which will include a provision for annual holidays with pay. It trusts that the Order in question will be adopted in the near future and that a copy of its text will be supplied with the next report.

Article 4. The Committee once again expresses the hope that the Government will be able to adopt legislative measures that will guarantee a paid holiday proportionate to his length of service to any person who has completed in any year a period of service that is less than that required for the full entitlement to annual holiday.

Article 6, paragraph 2. The Committee requests the Government to state whether there are legislative provisions or regulations setting forth the 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 holiday with pay.

Article 12. The Committee notes that, by virtue of section 57 of the Labour Code, "should circumstances require him to work on his official holidays, he shall receive twice the amount of his normal remuneration". The Committee requests the Government to indicate the measures that have been taken to ensure that, in such circumstances, irrespective of the double remuneration, the worker can benefit from the whole of the holidays to which he is entitled.

The Committee notes that by virtue of section 45 of Act No. 49 of 1977, setting forth the conditions of service of public employees, it is possible to reduce, postpone, cancel or interrupt annual holidays for imperative work-related reasons. It requests the Government to indicate the measures taken or envisaged to ensure that public employees benefit every year from a minimum period of paid holiday (in principle, two weeks) and that the remaining holiday due to them is postponed only within the time-limits authorised under Article 9 of the Convention.