Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee takes note of the Government's report for the period ending on 31 August 1998. The Government indicates once again that the Factories Act (1951), the Shops and Establishments Act (1951) and the Leave and Holidays Act (1951) have been revised and redrafted taking into consideration the Committee's comments and that the revised texts are among the labour Bills that are to undergo final review by the Laws Scrutiny Central Body. The Committee hopes that these texts will be adopted in the very near future and that the Government will provide the Office with copies.

With reference to its previous comments, the Committee wishes to draw the Government's attention to the fact that the texts adopted should 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, public works and road transport undertakings. Lastly, the Committee hopes that the texts adopted will give effect to the provisions of the Convention in respect of the following points on which the Committee has commented 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 only allowed 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.