Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s response to its comments made in 2003 but reiterates the following points.

Article 1 of the Convention. Scope of application. The Government states that workers excluded under section 2(4)(e) of the Leave and Holidays Act 1951 from the holidays with pay provisions therein are covered by the Fundamental Rules and the Burma Leave Rules and can therefore enjoy ten days of casual leave and 30 days of earned leave in a year with full pay. The Committee requests the Government to provide the legislative texts which guarantee the workers these entitlements.

Article 2, paragraph 2. Holidays with pay for those under 16 years of age. The Government states that section 4(1) of the Leave and Holidays Act, which allows workers between 15 and 16 years to ten days of annual leave instead of the entitlement in the Convention of 12 working days after one year of continuous service, will be reviewed. The Committee hopes that the legislative provisions will be amended in the near future to bring the provision in line with the Convention.

Article 4. Agreements to relinquish the right to annual holidays with pay. The Government states that section 4(3) of the Leave and Holidays Act, which allows for agreements permitting the accumulation of earned leave, will be reviewed. The Committee hopes that the Government will be able to provide information on new provisions which nullify or make void any agreement to forgo or relinquish the right to the minimum annual holiday with pay (six working days or in the case of persons under 16 years of age 12 working days).

The Committee urges the Government to take the steps necessary for the adoption of the revised text and hopes that the Government will be able to report on the progress made in its next report.