Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2 of the Convention. Scope of application. In its previous comments, the Committee had requested the Government to continue to provide information on the progress in the adoption of a new Labour Code which would amend the current Labour Code (Act No. 5 of 1995), in particular of its draft section 3(4)(b). According to the Government’s report, the current Code excludes domestic workers from the scope of its application, but the draft section is expected to include them with regard to holidays, minimum wages, dismissal from work and the rights concerning termination of employment. The Committee notes the Government’s indication that the draft Labour Code has been approved by the Council of Ministers and will be submitted in the near future to Parliament.

Article 6(2). Sick leave not to count as part of annual leave. The Committee requested in its last comment to indicate how section 82(1) of the current Labour Code, which provides for the employer’s discretionary power to approve sick leave for a worker and not deduct it from his or her annual holiday if the worker falls ill during the said holiday, would be amended in the new draft Labour Code. It notes the Government’s reply that the new Code is expected to provide under the new section 70 that the employer is to request the approval of the worker’s sick leave from the competent medical bodies or clinics before granting it.

Article 7(2). Time of the payment of holiday remuneration. The Committee has been requesting the Government to indicate the measures to ensure that the holiday pay due to the workers concerned is paid in advance of their holiday, in accordance with this Article of the Convention. The Committee notes the Government’s indication that the new section 68(f) of the draft text of the new Labour Code would provide accordingly.

More generally, the Committee recalls that the Government has been referring to the possible adoption of the draft Labour Code for a number of years. The Committee trusts that the Government will take all measures for the adoption of the new Labour Code in an expeditious manner. In the absence of information from the Government on other points raised in its last comment, the Committee requests the Government to provide information on the following matters: measures to ensure that where the division of the annual holiday with pay is authorized, one of the parts shall consist of at least two uninterrupted working weeks (Article 8(2)); specific regulations applicable to the determination of the time at which the annual holiday of each worker shall be taken (Article 10); and measures to ensure that, in the event of termination of employment, an employed person shall receive either a holiday with pay proportionate to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit (Article 11).