Ministry of Labour, Immigration and Population · Ministry of Labour, Immigration and Population 1 ... asking the recommendation letter of ... Difficulties that the Ministry of Labour

Ministry of Labour, Immigration and Population

1

Current Legislative Efforts and Medium-Term StrategyMyo Aung

Permanent SecretaryMinistry of Labour, Immigration and Population

September 29, 2016 Sedona Hotel Yangon

Vision

To develop the country by the tripartite way

based on social justice

2

Employment policies To improve the productivity through decent work

To provide the macro-economic framework with strengthensthe employment opportunity To strengthen the entrepreneurship and private investment To improve the production rate and increase theopportunities for workers Not to discriminate within the labour market To develop the environmental and social improvement forlong term To be able to do the work well and to be able to change fromone job to another

3

Ministry of Labour, Immigration and Population

Departments

Department of Labour Social Security Board Factory and Labour Laws Inspection

Department Department of Labour Relations

4

Labour Laws being undertaken by the

Ministry of Labour, Immigration and

Population

5

Department of Labour

Workmen Compensation Act (1923)

Dock Worker (Regulation Of Employment) Act (1948) - still in process torepeal

Employment Statistic Act (1948) Employment Restriction Act (1959) Overseas Employment Law (1999) Labour Organization Law (2011) Minimum Wage Law (2013) Employment and Skill Development Law (2013) Foreign Workers Law (still in process to draw the new)

6

Factory and Labour Laws Inspection Department

Dock workers Act (1934) Oil Field (Worker and Welfare) Act (1951) The Leafe and Holidays Act (1951) and the Bill which amends

the Leave and Holidays Act (2014) Factories Act (1951) and the Bill which amends the Factories

Act (2016) The Payment of Wages Law (2016) Shops and Establishments Law (2016) Occupational Safety and Health Law (still in process to draw

the new)7

Social Security Board

Social Security Act (2012)

8

Settlement of Labour Dispute Law (2012)

And

The Bill which amends the Settlement of LabourDispute Law (2014)

Department of Labour Relations

9

Three Laws proposed by workers/employers to amend as the first priority

Labour Organization Law (2011) Settlement of Labour Dispute Law (2012) Employment Contract contained in the

Employment and Skill Development Law (2013)

10

Medium - Term Strategy is that the TripartiteConsultation Meetings should be carried outcontinuously to improve the industrial relationsnecessary for workers It is necessary to provide the awareness raising

programs and to share the knowledge relating tolabour laws not only for employers and workers butalso for departmental staff.

11

The Labour Organization Law and Rules

The Labour Organization Law

Under the Article 24 of the State

Constitution of the Republic of the Union

of Myanmar and Freedom of Association

(ILO Convention No. 87), the Labour

Organization Law was enacted by the

Union Parliament Law No. 7 on October

11, 2011. The Trade Union Act (1926) wasrepealed.

12

The Labour Organization Law and Rules

13



was enacted in 2011 and Rules

were issued on February 29, 2012.

Come into force on March 9,

2012.

Under the Labour Organization Law (2011), the list of the workers'/employer's organization that already received the letter of acknowledgement

Total employer's/workers' organizations

Kind of organization Employer Worker Total

Basic 28 2113 2141

Township 1 122 123

Region/State - 15 15

Federation 1 8 9

Confederation - 1 1

Total 30 2259 228914

According to the kind of trade, the list of the different levels labour organizations that received the letter of

acknowledgementBasic Labour Organizations

No Kind of Trade Number1 Garment 1032 Public goods 793 Freight-handling 1034 Agriculture 14665 Food 396 Construction materials 307 Periodicals and Publications 28 Meat and Fish Cold Store 59 Iron Melting 5

10 Mining 611 Transportation 4812 Architecture 4

15

Basic Labour OrganizationsNo Kind of Trade Number13 Services 3014 Construction 2015 Education 1116 Fishery 13017 Minerals 2018 Chemical products 419 husbandary 320 General business 5

Total 2113


acknowledgement

16

Township Labour OrganizationsNo Kind of Trade Number1 Public goods 52 Freight handling 93 Transportation 54 Garment 35 Agriculture 796 Food 27 Fishery 68 Services 29 Mining 2

10 Production 211 Construction 212 General business 113 Minerals 314 Construction materials 1

Total 122


acknowledgement

17

Region/State Labour Organizations

No Kind of Trade Number

1 Agriculture 10

2 Industrial and multi-servies 2

3 Production and industrial business 1

4 Fishery 1

5 Freight handling 1

Total 15

According to the kind of trade, the list of the different levels labor organizations that received the letter of

acknowledgement

18

ConfederationNo Kind of Trade Number1 Public goods, Agricultue, Food, Freight handling, Mining,

Education, Transportation, Serivces, Husbandary,

Construction, Fishery, Garment (It includes 13 sectors in

total)

1

Total 1

Labour FederationsNo Kind of Trade Number

1 Seafarer 5

2 Agriculture 2

3 Industrial and Multi-services 1

Total 8


acknowledgement

19

Basic Employers' organizations

No Kind of Trade Number1 Garment 92 Construction materials 33 Iron melting 24 Services 5

5 Food 16 Public goods 27 Agriculture 6

Total 28

According to the king of trade, the list of the different levels employers' organizations that received the letter of acknowledgement

20

Township OrganizationsNo Kind of Trade Number1 Garment 1

Total 1

Employers' FederationNo Kind of Trade Number1 Myanmar Seafarer Employment Service Federation 1

Total 1

According to the kind of trade, the list of the different levels employers' organizations that received the letter of

acknowledgement

21

In carrying out to form the agriculture and farmers basic labourorganization, asking the recommendation letter of the villageadministration that the worker owns less than 10 acres is difficulty forworkers. In the Section 4 (a) of the Labour Organization Law, it states that thebasic labour organization may be formed by a minimum number of 30workers working in the relevant trade or activity according to the categoryof trade or activity. Under the clause (ii) of sub-section (a) of Section 4 of the Labourorganization Law, it states that in so forming, it shall be recommended bynot less than 10 percent of all workers of the relevant trade or activity. Some employers do not recognize the formation of the labourorganization Workers who are under 18 and who have retired should have a right tojoin in the labour organization

Difficulties submitted by workers

22

Section 30 of the Labour Organization Law

It states that ''the employer shall allow the worker whois assigned any duty on the recommendation of therelevant executive committee to perform such duty noexceeding two days per month unless they have agreedotherwise. Such period shall be deemed as if he isperforming the original duty of his work.''

Difficulties that employers are facing with

23

Employers' clarification relating to the section 30 of LabourOrganization EC members of the labour organizations are not comply with the Section 30of the labour organization law and they want to get more on-duty days than 2 days. Employers are facing with difficulties to run their businesses in theworkplace as majority workers in the same trade want their leave entitlement. In attending the trainings and meetings, labour organizations do not informthe employers in advance and do not take permission of the employers, and only aftertheir attending those meetings and trainings, they inform the employer to providethem the on-duty leave through the township registration officer. So, there areproblems between employers and workers in the workplace. It is necessary to extend the formation of the employers' organization aslabour organizations.


24

In the ''exception'' contained in the Rules 5 (b), it states that ''the ECmember of the labour organization may be the person who has beenworking not less than 2 years in the relevant trade or the activity or theexternal person who has worked as the EC member of the labourorganization that has already received the letter of acknowledgementissued by Chief Registrar'', and In the Rules 6 (d), it states that ''in the EC members of the labourorganization formed under sub-rules (a), (b) and (c) of Rules 6, thenumber of external persons included in the EC as an exception underRules 5 (b) shall not more than 20 percent of the numbers of the EC''.But, even though the EC members of the labour organizations do notcontinue their jobs in the workplace due to various reasons, they are stilltaking part in the EC as the external, and they are not comply with Rules6 (d) because their number are more then 20 percent of the total ECmembers. The are interfering from outside. To form the employers' organizations as the separate way of thestructure


25

Some labour organizations submitted the matter thattheir Form (7) were lost.

It is necessary to form the township labour organizationssystematically in order to settle the relevant problems.

In terms of the duties of the EC members, there aredisputes arisen between President and EC members of thelabour organizations in keeping the Form (7).

We found that it is necessary to extend the term of theForm 7 (letter of acknowledgement) with respect toholding the Form 7.

Difficulties that the Ministry of Labour, Immigration and Population is facing with

26

Under the Settlement of Labour Dispute Law (2012), we have alreadynegotiated and settled the legal dismissal cases due to worker'sinfringement on workplace regulations or certain reasons. But,workers misunderstood that they were dismissed because they joinedthe labour organization under the Section 44 (d) of the LabourOrganization Law (2011) or they took part in the strike.

Through such reasons, they submitted the complaint letters to take anaction on employers under the Labour Organization Law.

The dismissed Presidents/Secretaries of the labour organizationsenter the factories and carrying out the labour matters.

Workers need to realize the workplace regulations and the LabourOrganization Law.


27

Workers need to know about the objectives and provisionscontained in the Labour Organization Law (2011), and need to carry outthe objectives of the constitutions of their organizations because we seethat their functions and objectives are quite different.

The ''Exception'' contained in clause (3) of the Rules 4 (f) -''For the maritime sector in which it is not possible to form the labourorganizations due to the nature of the business sector or thegeographical location, workers may establish their federations''. Underthis provision, we have taken the necessary measures in the formation oftheir federations. Now, there are 5 federations in Maritime sector, andmaritime workers are also calling for to form more federations.


28

Even though workers do not have the settledoffice location, they are applying the formation of theirorganization. We have a problem how to settle the matter ifthere are two labour organizations in the same natureof trade and their organizations' names are the same.


29

There are 78 township labour offices under the Department

of Labour. But, the number of the labour officials is not enough and

does not cover the whole country in carrying out the labour

matters. It is necessary to take time (60 days) to cover the whole

country.

Due to we cannot open the township labour offices in every

township, we are carrying out the activities through the existing

personnel force.


30

According to the Notification No (5) of the Ministry of Labourdated December 31, 1976, the employment contract was startedto apply, and there are 18 points in the contract. In the Employment and Skill Development Law, it states thatif a worker is hired, employer shall make the employmentcontract within 30 days from the date of hire. Through the notification No. 1/2015 dated August 31, 2015,we issued the notification that the employers of the factories,workshop or establishments where more than 5 workers areemployed have to make the employment contract with the hiredwokers and the new workers. The employment contract is linked up with the minimumwage.

Employment Contract

31

Employers' representatives from UMFCCI and MGMA(Hlaing Tharyar Tsp) and the Trade Unions federationsubmitted the matter to hold the tripartite consultationmeeting in order to propose their suggestions, to uncovertheir difficulties in making the employment contract, and todelete certain points which ware contradictory to themcontained in the employment contract template provided bythe government. So, we conducted the tripartite consultationmeeting at the office of UMFCCI on January 31, 2016.

Employment Contract

32

As for the tripartite consultation meeting, we notified to UMFCCI,Employers' Federation and Trade Unions Federations that whenemployers and workers reach the agreement in terms of theemployment contract, the Ministry of Labour will implement it underthe law.

With respect to the employment contract, UMFCCI and CTUMdrafting the employment contract through the formation of the DraftEC initiative committee and they submitted the draft EC to theMinistry.

The points contained in the said draft EC is differ from those of the ECprovided by the government. So, we notified to both parties to submitthe final form of the EC only after consulting with all employers' andworkers' organizations.

Employment Contract

33

In terms of the employment contract, UMFCCI submitted the matterto the Ministry of Labour in the month of June 2016. Trade Unions Federations amended the employment contracttemplate and submitted the suggestions to the Ministry after they hadmet Affiliated Associations UMFCCI, Industrial Zones Committees andother business branches many times in bi-partite way. When we requested AFFM-IUF, MICS-TUsF and IFOMS to sumit theirsuggestions, these Trade Unions Federations submitted their suggestions. After the bi-partite meetings between employers' and workers'organizations have been completed, the tripartite meeting will beconducted.

Employment Contract

34

Employers and workers need to agree with the 21 pointscontained in the employment contract template. After the employment contract is confirmed, thenecessary actions will be taken according to the way of labourdispute settlement process. Employment contract is very important in the labourdispute matter. So, the contract is liked up with the law.

Employment Contract

35

The Settlement of Labour Dispute Law was enacted by theUnion Parliament Law No (5) on March 28, 2012 and comeinto force on April 26, 2012.

On September 30, 2014, the Draft Bill which amends theSettlement of Labour Dispute Law.

Now we are carrying out to amend this law for the secondtime.

Law being undertaken by the Department of LabourRelations

36

Township Conciliation Bodies 325 Reions/State Arbitration Bodies including UnionTerritory 15 Arbitration Council (Formed in tripartite way)

Arbitrations formed under the law

37

In the Settlement of Labour Dispute Law and Rules, there is no specific

provision relating to the way of the choosing the members of Arbitration

Bodies and Arbitration Council. So, we are initiating the procedures

choosing the employers' and workers' representatives for Arbitration

Bodies and Arbitration Council.

In terms of the labour disputes, if employers/workers are not satisfied

with the decisions of Regions'/States' Arbitration Bodies including Union

Territory and the decision of Arbitration Council, They could submit the

writ to the Supreme Court according to the State Constitution (2008).

38

The Functions of the Department of Labour Relations

Under the Settlement of Labour Dispute Law, ArbitrationBodies settled the disputes as follows:

Year Region/State Arbitration Bodies Arbitration Council

2012(June/July to December)

39 cases 17 cases

2013 (January to December)

97 cases 54 cases


78 cases 41 cases


126 cases 63 cases

2016 (January to September 14 )

107 cases 71 cases

Total 447 cases 246 cases39

In going on the demonstration, workers shall not carry outto reduce and lose the productivity.

Workers shall not block in front of the factory. Organizations shall carry out their activities under the

Labour Organization Law (they cannot carry out theiractivities under the Peaceful Assembly and PeacefulProcession Law).

40

As for our Ministry, we worked cooperatively together withILO and IOM with respect to elimination of forced labour,reduction of child labour, data collection on labour force, childlabour and school-to-work transition.

In terms of the matter relating to ILO, to be able to worktogether with other concerned Ministries, we have beencarrying out to re-establish the committee for ILO relatedmatters.

Our Ministry will carry out the labour force surveycontinuously.

In terms of 100 days Action Plan, we could open two MigrantResource Centers in Ayeyarwaddy Region and Rakhine State.

41

Amendment and drawing the new labour laws

It is supportive for the development of the Stateeconomy.

It could not only protect the interests of employers andworkers but also provide for peaceful workplace andimprovement of productivity.

As we are now carrying out to amend the labour laws anddraw the new ones, we, the Ministry are going to workcooperatively together with workers' and employers'organizations and national and international stakeholdersin order to comply with the international standars.

42

As for our country, now is the time to be able tomove forward in a distinctive manner. Therefore, ifwe, the tripartite body drive in constructive mannerand consolidated way, we may be able to moveforward.

43

44

Documents

Ministry of Labour, Immigration and Population · Ministry of Labour, Immigration and Population 1 ... asking the recommendation letter of ... Difficulties that the Ministry of Labour