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

Yemen

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1976)
Holidays with Pay Convention (Revised), 1970 (No. 132) (Ratification: 1976)

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.