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Weekly Rest (Industry) Convention, 1921 (No. 14) - Yemen (RATIFICATION: 1976)

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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.

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Article 2(1) of the Convention. Scope of application. The Committee notes the Government’s indication that the Labour Code No. 5 of 1995 does not apply to occasional workers except for the provisions on their rights to compensation for occupational accidents. It also notes in this connection that the Government has the intention to address weekly rest and other legal entitlements of these workers through the adoption of ministerial decisions regulating these matters, and through the promotion of conclusion of labour contracts which would guarantee their fundamental entitlements. The Committee requests the Government to continue to provide information on any progress made on this matter.

The Committee notes the Government’s indication that workers employed in industrial undertakings are entitled to all their legal entitlements provided for under the Labour Code. The Committee requests the Government to clarify whether this rule also applies to foreign nationals seconded to Yemen or who work in Yemen under an international agreement, as section 3 of the Labour Code seems to exclude them.

Article 3. Exceptions – Employees who are members of the same family. The Committee notes the Government’s indication that the Labour Code, as provided in section 3, is indeed not applicable to members of the employer’s family regardless of their degree of kinship, but that the situation may be resolved through a special regulation or a revision of the Labour Code with a view to including these workers in its scope of application. The Committee requests the Government to consider taking such a measure in order to bring the national legislation in line with the Convention in this regard.

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The Committee notes with regret that the Government’s report does not reply to its previous comment. It is therefore bound to raise the issues already mentioned. The Committee requests the Government to provide a copy of the Rest Periods and Official Holidays Act, No. 2 of 2000, to which it refers in its report but which is not available to the Office.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee requests the Government to indicate the legal provisions on the weekly rest period that are applicable to occasional workers, and to indicate whether a decree issued by the Council of Ministers has extended the application of the Labour Code to this category of workers in accordance with section 4 of the Labour Code. Furthermore, as foreign nationals seconded to work in the State of Yemen and those who work on its territory under an international agreement are excluded from the scope of application of the Labour Code, under the terms of section 3, the Committee requests the Government to indicate whether this exclusion extends to workers employed in industrial undertakings within the meaning of the Convention.

Article 3. Exceptions. Employees who are members of the same family. The Committee notes that, under section 3 of the Labour Code, its provisions do not apply to members of the employer’s family who are effectively his dependants, regardless of their degree of kinship. It recalls that, by virtue of Article 3 of the Convention, such an exception is only possible for persons employed in industrial undertakings in which only the members of one single family are employed. The Committee therefore requests the Government once again to provide additional explanations in this regard.

Article 4. Total or partial exceptions. The Committee once again requests the Government to indicate whether consultations were held with employers’ and workers’ organizations prior to the adoption of section 74(1) of the Labour Code, under which workers may be employed on weekly rest days where necessary under certain circumstances. The Committee also draws the Government’s attention to the importance of the weekly rest period, granted regularly and in an uninterrupted manner, for the protection of workers’ health. It therefore requests the Government to indicate the manner in which it is ensured that social and humanitarian considerations, and not only economic considerations, are taken into account in the context of the application of section 74(1) of the Labour Code.

Part V of the report form. Application in practice. The Committee once again 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 such statistics are available, information on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the measures adopted as a result.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under section 3, paragraph 2, of Act No. 5 of 1995 issuing the Labour Code, certain categories of workers are excluded from the provisions of the Code, including casual workers (casual work is defined, in section 2 of the Code, as any job which is not part of the activity of an employer and whose completion does not require more than four months). However, an order issued by the Council of Ministers under section 4 of the Labour Code may extend the application of certain provisions of the Code to cover this category of workers. The Committee also notes that the provisions of the Labour Code do not cover foreigners seconded to work with the State of Yemen or those who work in its territory under an international Convention. The Committee requests that the Government provide information on the provisions applicable to casual workers and, in particular, indicate whether an order has extended the application of the Labour Code to cover workers in this category. The Government is also invited to provide details regarding the categories of foreign workers excluded from the scope of the Labour Code and, in particular, to indicate whether industrial workers may be affected by this exclusion.

Article 3. Employees who are members of one single family. The Committee notes that, under section 3 of the Labour Code, the provisions of the Code shall not apply to persons related to the employer who are effectively his dependants, regardless of their degree of kinship. The Committee requests that the Government specify whether this exclusion is restricted to establishments in which the only employees are members of one single family.

Article 4. Exceptions to weekly rest. The Committee notes that, under section 74, paragraph 1, of the Labour Code, workers may be employed on weekly rest days if necessary to increase production; to provide public services; in the event of a disaster or to prevent a disaster; to maintain industrial or work-related equipment; or in the public interest. The Committee requests that the Government indicate whether consultations were held with employers’ and workers’ organizations prior to the adoption of this provision, as required under the Convention. The Government is also invited to indicate how it ensures that proper economic and humanitarian considerations are taken into account for the application of this provision.

Part V of the report form. The Committee requests that the Government give a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if possible, statistics concerning the number of workers covered by the legislation and information on the number and nature of the contraventions reported.