Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

In its previous observation, the Committee noted the indication in the Government's report for the period ending 30 June 1992 that the Factories Act (1951), the Shops and Establishments Act (1951) and the Leave and Holidays Act (1951) had been reviewed and redrafted taking into consideration the Committee's comments and that the revised texts were undergoing final review by the Laws Security Central Body. In its latest report, the Government indicated that the Leave and Holidays Act was still under review by the Laws Security Central Body and does not mention the status of the other revised texts. The Committee would be glad if the Government would supply details of the steps being taken in this respect. It trusts that the revised texts will be adopted and transmitted to the Office in the very near future and that they will ensure the application of the Convention to all undertakings set forth in Article 1 of the Convention, particularly those small establishments, shops and offices not currently covered by the legislation, as well as building and public works and road transport undertakings, especially on the following points:

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 only allowed ten days.

Article 4. Any agreeement to forego or relinquish the right to the minimum annual holiday with pay laid down in the Convention (i.e. 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 to accumulate earned leave.