Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C052

Observation

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Article 2(1) and (4) of the Convention. Postponement and division of annual holidays with pay. In its previous comments, the Committee requested the Government to take measures for the timely revision of section 4(3) of the Leave and Holidays Act, which allows for the accumulation of holidays over a period of three years. The Committee notes that the Government’s report does not contain any information in this respect. In this context, the Committee once more requests the Government to take the necessary measures to ensure that the minimum annual holiday with pay prescribed by Article 2(1) of the Convention is not divided or postponed so that all workers effectively enjoy at least six uninterrupted days of holidays with pay per year.

Article 2(2). Annual holiday with pay for persons under 16 years of age. In previous comments, the Committee requested the Government to take the necessary measures to bring in line with the Convention section 4(1)(a) of Leave and Holidays Act 1951 which grants ten consecutive days of holidays with pay to employees aged 15 years, while Article 2(2) of the Convention requires 12 days for workers under 16 years of age. The Committee notes that the Government does not provide any relevant information in this respect. The Committee requests the Government to take the necessary measures to ensure that workers aged 15 years enjoy at least 12 consecutive days of annual holidays with pay as required by the Convention.

Article 2(3). Public and customary holidays and interruptions of attendance at work due to sickness. The Committee notes that section 3(2) of the Leave and Holidays Act prescribes that if any public holiday falls on any weekly day of rest or on any other holiday, an alternative holiday shall not be allowed. The Committee observes that this provision is not in conformity with Article 2(3)(a) of the Convention which prescribes that public and customary holidays shall not be included in the annual holiday with pay period. Moreover, the Committee notes that no provision of the Leave and Holiday Act seems to provide that interruptions of attendance at work due to sickness shall not be included in the annual holiday with pay, as required by Article 2(3)(b) of the Convention. The Committee requests the Government to take the necessary measures to ensure that public and customary holidays and interruptions of attendance at work due to sickness are not counted as part of the annual holidays with pay period as required by the Convention.

Article 2(5). Increase of the duration of the annual holiday with pay with the length of service. The Committee notes that no provision of the Leave and Holidays Act seems to prescribe the increase of the duration of the annual holiday with pay with the length of service as required by Article 2(5) of the Convention. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

The Committee noted information supplied by the following State in an answer to a direct request: Denmark (Faroe Islands).