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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest) and 132 (annual holidays with pay) together.

The Committee notes the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country.

In previous comments, the Committee had noted the lack of conformity of the national legislation, mainly the Labour Code, with some provisions of Conventions Nos 14 and 132. The Committee notes that the Government indicates in its reports that the draft amended Labour Code is being considered by the legislative authority and other official bodies, but that it has not been passed because of the current civil war and the disruption of the House of Representatives. The Committee requests the Government to ensure that its comments on both Conventions will be fully taken into account in the context of the finalization of the legislative review, once the situation so allows.

Weekly rest

Articles 2(1) and 3 of Convention No. 14. Scope of application. The Committee recalls that casual workers and employers’ dependent family members are excluded from the scope of application of the Labour Code and therefore do not benefit from the weekly rest protection under the Code. The Committee notes that the Government indicates that the draft amended Labour Code includes casual workers in its scope of application. Concerning employers’ dependent family members, the Committee recalls that Article 3 only allows an exception to the weekly rest entitlement in industrial undertakings in which only the members of one single family are employed. The Committee requests the Government to take the necessary measures to ensure that any exceptions to the weekly rest entitlements are limited to those permitted under the Convention.

Annual holidays with pay

Article 2 of Convention No. 132. Scope of application. The Committee recalls that domestic workers are excluded from the scope of application of the Labour Code (section 3(2)(i)). It also recalls the Government’s indication in previous reports that the draft amended Labour Code is expected to include them with regard to holidays, minimum wages, dismissal from work and the rights concerning termination of employment. The Committee requests the Government to indicate the provisions, in either the new Labour Code, once adopted, or any other relevant legislation, that give effect to the Convention for domestic workers.

Article 7(2). Payment in advance of the annual holiday. The Committee recalls that the Labour Code does not contain provisions foreseeing that the remuneration of annual holidays shall be paid in advance. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 8(2). Division of the annual holiday into two parts. The Committee recalls that section 79(3) of the Labour Code, which provides that the leave granted to workers from their annual holidays’ entitlements shall not be less than two days at a time, does not fully apply Article 8(2), which provides that, in case of division of the annual holiday with paid into parts, one of them shall consist of at least two uninterrupted working weeks. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 11. Annual leave rights upon termination of employment. The Committee recalls that sections 35 to 41 of the Labour Code, which regulate the termination of employment, do not clearly prescribe the workers’ right to receive a holiday with pay proportionate to the length of service for which they have not received such a holiday, or compensation in lieu thereof or the equivalent holiday credit, as required by Article 11. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

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

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).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not contain any new information in reply to the matters raised in its previous direct request. It notes in particular the reference made once again by the Government to a draft revised text of the Labour Code of 1995 and hopes that its comments will be taken into account, particularly with regard to the following Articles of the Convention.

Article 2 of the Convention. Scope of application. Domestic workers. The Committee notes that the Government’s report does not contain any new information with regard to the draft revised text of section 3(4)(b) of the Labour Code (Act No. 5 of 1995) which would give effect to the provisions of the Labour Code respecting the holidays of domestic workers. The Committee once again requests the Government to keep the Office informed of any development relating to the adoption of this amendment to the Labour Code.

Article 6, paragraph 2. Sick leave. The Committee notes that, under the terms of section 82(1) of the Labour Code, an employer can 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. The Committee requests the Government to provide further information on the discretionary power of the employer as to whether or not to approve the sick leave of an employee.

Article 7, paragraph 2. Time of the payment of holiday remuneration. The Committee notes that section 79 of the Labour Code establishes the right to at least 30 days’ holiday, on full wages, for each year of effective service. It requests the Government to indicate the measures adopted to ensure that the amounts due to workers in this respect are paid to the person concerned in advance of the holiday, as established by this provision of the Convention.

Article 8, paragraph 2. Division of the annual holiday. The Committee notes that, in accordance with section 79(3) of the Labour Code, the holidays granted to a worker shall consist of at least two days at a time. The Committee draws the Government’s attention to the fact that, unless otherwise provided in an agreement applicable to the employer and the employed person concerned, in the event of the division of the holiday, one of the parts shall consist of at least two uninterrupted working weeks. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to this provision of the Convention.

Article 10. Time of the holidays. The Committee requests the Government to indicate the regulations applicable to the determination of the time at which the annual holiday of each worker shall be taken.

Article 11. Termination of employment. The Committee requests the Government to indicate the measures adopted or envisaged 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 such a holiday has not been received, or compensation in lieu thereof, or the equivalent holiday credit.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including for instance extracts from reports of the inspection services and, where possible, statistical data on the number of workers covered by the legislation, the number of contraventions reported in relation to annual holidays with pay, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2 of the Convention. Scope of application. The Committee notes with interest the information communicated by the Government in its report on the draft new Labour Code (Act No. 5 of 1995). According to this information, the Government has proposed, together with the social partners, the adoption of a provision under which the Code would not be applicable to domestic workers, except with regard to holidays, the minimum wage, dismissal and rights linked to the termination of employment. The Ministry of Labour and the labour administration services within the different governorates are to refuse to approve employment contracts that do not contain provisions relating to wages, holidays and the weekly rest. The Committee requests the Government to keep it informed of any developments relating to the adoption of this amendment to the Labour Code.

Article 6, paragraph 2. Sick leave. The Committee notes that, pursuant to section 82(1) of the Labour Code, an employer "can" approve sick leave for a worker and not deduct it from his or her annual holiday if this worker falls ill during the said holiday. It requests the Government to provide fuller information on the freedom enjoyed by the employer to grant or refuse approval of sick leave for one of his employees.

Article 7, paragraph 2. Time of payment of holiday remuneration. The Committee notes that section 79 of the Labour Code establishes the right to at least 30 days’ holiday, on full pay, for each year of effective service. It requests the Government to indicate the measures taken to ensure that the amounts due to the workers are paid in advance of the annual holiday, in pursuance of this provision of the Convention.

Article 8, paragraph 2. Division of the annual holiday. The Committee notes that, in accordance with section 79(3) of the Labour Code, the holiday granted to workers will be of at least two days at a time. The Committee brings the Government’s attention to the fact that, unless otherwise provided in an agreement applicable to the employer and the employed person concerned, upon division of the holiday, one of the parts shall consist of at least two uninterrupted working weeks. The Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Article 10. Time of holiday. The Committee requests the Government to indicate the rules applicable to the determination of the time when the annual holiday of each worker shall be taken.

Article 11. Termination of employment. The Committee requests the Government to indicate the measures taken to ensure that the worker shall receive, upon termination of employment, 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.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services and, if possible, statistical data on the number of persons covered by the Labour Code, the number and nature of contraventions reported, etc.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes that, despite the Government’s announcement in previous years, the ministerial order concerning domestic employees’ annual holiday has not yet been adopted. According to the Government’s indication, the annual leave provisions of the Labour Code apply in practice to domestic workers in accordance with the labour contracts, which are reviewed by the Ministry.

Taking into consideration that section 3, paragraph 2, of the Labour Code (Act No. 5 of 1995) expressly excludes household servants and workers of equivalent status from the provision of this Code, the Committee underlines that an order of the Council of Ministers, as foreseen under section 4 of the Labour Code, guaranteeing domestic employees paid annual leave would be the appropriate and, also, the most effective way to ensure that domestic employees have the legal right to paid annual holiday.

The Committee trusts the Government will ensure in the very near future that domestic employees have a legal claim to paid annual holiday in accordance with the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. The Committee notes that, despite the Government’s announcement in previous years, the ministerial order concerning domestic employees’ annual holiday has not yet been adopted. According to the Government’s indication, the annual leave provisions of the Labour Code apply in practice to domestic workers in accordance with the labour contracts, which are reviewed by the Ministry.

Taking into consideration that section 3, paragraph 2, of the Labour Code (Act No. 5 of 1995) expressly excludes household servants and workers of equivalent status from the provision of this Code, the Committee underlines that an order of the Council of Ministers, as foreseen under section 4 of the Labour Code, guaranteeing domestic employees paid annual leave would be the appropriate and, also, the most effective way to ensure that domestic employees have the legal right to paid annual holiday.

The Committee trusts the Government will ensure in the very near future that domestic employees have a legal claim to paid annual holiday in accordance with the provisions of the Convention.

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

The Committee notes with interest the information provided by the Government in its last report. It notes in particular that the new Labour Code, which entered into force in 1995, and Act No. 19 of 1991 concerning the public service give effect to Articles 4, 6, 9 and 12 of the Convention, on which the Committee had commented in its previous direct requests. However, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. The Government indicates in its report that the Order in question is under preparation. The Committee invites it to communicate a copy to the Office as soon as it is adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. It hopes the order will be adopted soon and a copy will be communicated with the next report.

Article 4. Further to previous comments, the Committee notes with interest that legislation to guarantee a paid holiday proportionate to service in any year of less than required for entitlement to the full annual holiday will be contained in a new labour code, extracts of the draft of which are quoted in the report. The Committee also notes that section 53 of Law No. 19 of 1991 concerning the public service does not appear to lay down requirements in this respect, although the Government states that the practice conforms to the Convention. The Committee hopes that the necessary legislative measures will soon be taken in respect of all workers covered by the Convention, and that copies of the relevant provisions will be sent. Please transmit the full text of Law No. 19.

Article 6, paragraph 2. Further to previous comments, the Committee notes with interest that section 84 of the new draft labour code and rules to be promulgated under section 61 of Law No. 19 will set forth 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 leave. Please forward a copy of the relevant provisions as soon as they are adopted.

Articles 9 and 12. Further to previous comments, the Committee notes section 81, paragraphs 3 and 5, of the new draft labour code, cited by the Government. It hopes that the Government will soon be able to report that this draft has been adopted, ensuring that the minimum annual paid holiday cannot be relinquished or forgone. With regard to the public service, the Committee notes the provisions of Law No. 19 cited by the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. It hopes the order will be adopted soon and a copy will be communicated with the next report.

Article 4. Further to previous comments, the Committee notes with interest that legislation to guarantee a paid holiday proportionate to service in any year of less than required for entitlement to the full annual holiday will be contained in a new labour code, extracts of the draft of which are quoted in the report. The Committee also notes that section 53 of Law No. 19 of 1991 concerning the public service does not appear to lay down requirements in this respect, although the Government states that the practice conforms to the Convention. The Committee hopes that the necessary legislative measures will soon be taken in respect of all workers covered by the Convention, and that copies of the relevant provisions will be sent. Please transmit the full text of Law No. 19.

Article 6, paragraph 2. Further to previous comments, the Committee notes with interest that section 84 of the new draft labour code and rules to be promulgated under section 61 of Law No. 19 will set forth 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 leave. Please forward a copy of the relevant provisions as soon as they are adopted.

Articles 9 and 12. Further to previous comments, the Committee notes section 81, paragraphs 3 and 5, of the new draft labour code, cited by the Government. It hopes that the Government will soon be able to report that this draft has been adopted, ensuring that the minimum annual paid holiday cannot be relinquished or forgone. With regard to the public service, the Committee notes the provisions of Law No. 19 cited by the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. It hopes the order will be adopted soon and a copy will be communicated with the next report.

Article 4. Further to previous comments, the Committee notes with interest that legislation to guarantee a paid holiday proportionate to service in any year of less than required for entitlement to the full annual holiday will be contained in a new labour code, extracts of the draft of which are quoted in the report. The Committee also notes that section 53 of Law No. 19 of 1991 concerning the public service does not appear to lay down requirements in this respect, although the Government states that the practice conforms to the Convention. The Committee hopes that the necessary legislative measures will soon be taken in respect of all workers covered by the Convention, and that copies of the relevant provisions will be sent. Please transmit the full text of Law No. 19.

Article 6, paragraph 2. Further to previous comments, the Committee notes with interest that section 84 of the new draft labour code and rules to be promulgated under section 61 of Law No. 19 will set forth 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 leave. Please forward a copy of the relevant provisions as soon as they are adopted.

Articles 9 and 12. Further to previous comments, the Committee notes section 81, paragraphs 3 and 5, of the new draft labour code, cited by the Government. It hopes that the Government will soon be able to report that this draft has been adopted, ensuring that the minimum annual paid holiday cannot be relinquished or forgone. With regard to the public service, the Committee notes the provisions of Law No. 19 cited by the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. It hopes the order will be adopted soon and a copy will be communicated with the next report.

Article 4. Further to previous comments, the Committee notes with interest that legislation to guarantee a paid holiday proportionate to service in any year of less than required for entitlement to the full annual holiday will be contained in a new labour code, extracts of the draft of which are quoted in the report. The Committee also notes that section 53 of Law No. 19 of 1991 concerning the public service does not appear to lay down requirements in this respect, although the Government states that the practice conforms to the Convention. The Committee hopes that the necessary legislative measures will soon be taken in respect of all workers covered by the Convention, and that copies of the relevant provisions will be sent. Please transmit the full text of Law No. 19.

Article 6, paragraph 2. Further to previous comments, the Committee notes with interest that section 84 of the new draft labour code and rules to be promulgated under section 61 of Law No. 19 will set forth 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 leave. Please forward a copy of the relevant provisions as soon as they are adopted.

Articles 9 and 12. Further to previous comments, the Committee notes section 81, paragraphs 5 and 3, of the new draft labour code, cited by the Government. It hopes that the Government will soon be able to report that this draft has been adopted, ensuring that the minimum annual paid holiday cannot be relinquished or forgone. With regard to the public service, the Committee notes the provisions of Law No. 19 cited by the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2, paragraph 2, of the Convention. Further to its previous comments, the Committee notes that the Ministerial Order concerning domestic employees' annual holidays with pay has not yet been adopted. It hopes the order will be adopted soon and a copy will be communicated with the next report.

Article 4. Further to previous comments, the Committee notes with interest that legislation to guarantee a paid holiday proportionate to service in any year of less than required for entitlement to the full annual holiday will be contained in a new labour code, extracts of the draft of which are quoted in the report. The Committee also notes that section 53 of Law No. 19 of 1991 concerning the public service does not appear to lay down requirements in this respect, although the Government states that the practice conforms to the Convention. The Committee hopes that the necessary legislative measures will soon be taken in respect of all workers covered by the Convention, and that copies of the relevant provisions will be sent. Please transmit the full text of Law No. 19.

Article 6, paragraph 2. Further to previous comments, the Committee notes with interest that section 84 of the new draft labour code and rules to be promulgated under section 61 of Law No. 19 will set forth 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 leave. Please forward a copy of the relevant provisions as soon as they are adopted.

Articles 9 and 12. Further to previous comments, the Committee notes section 81, paragraphs 5 and 3, of the new draft labour code, cited by the Government. It hopes that the Government will soon be able to report that this draft has been adopted, ensuring that the minimum annual paid holiday cannot be relinquished or forgone. With regard to the public service, the Committee notes the provisions of Law No. 19 cited by the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. 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, a worker receives 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. The Committee 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.

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

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.