Ministry of Labour, Immigration and Population 1 Current ent Le Legis isla lativ ive Efforts and Mediu ium-Ter erm m Strateg tegy Myo Aung Permanent Secretary Ministry of Labour, Immigration and Population September 29, 29, 201 2016 Sedona na Hotel el 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 strengthens the employment opportunity To strengthen the entrepreneurship and private investment To improve the production rate and increase the opportunities for workers Not to discriminate within the labour market To develop the environmental and social improvement for long term To be able to do the work well and to be able to change from one 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 to repeal 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
Department of Labour Relations Settlement of Labour Dispute Law (2012) And The Bill which amends the Settlement of Labour Dispute Law (2014) 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 Tripartite Consultation Meetings should be carried out continuously to improve the industrial relations necessary for workers It is necessary to provide the awareness raising programs and to share the knowledge relating to labour laws not only for employers and workers but also 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) was repealed. 12
The Labour Organization Law and Rules The Labour Organization Law The Labour Organization Law was enacted in 2011 and Rules were issued on February 29, 2012. Come into force on March 9, 2012. 13
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 2289 14
According to the kind of trade, the list of the different levels labour organizations that received the letter of acknowledgement Basic Labour Organizations No Kind of Trade Number 1 Garment 103 2 Public goods 79 3 Freight-handling 103 4 Agriculture 1466 5 Food 39 6 Construction materials 30 7 Periodicals and Publications 2 8 Meat and Fish Cold Store 5 9 Iron Melting 5 10 Mining 6 11 Transportation 48 12 Architecture 4 15
According to the kind of trade, the list of the different levels labour organizations that received the letter of acknowledgement Basic Labour Organizations No Kind of Trade Number 13 Services 30 14 Construction 20 15 Education 11 16 Fishery 130 17 Minerals 20 18 Chemical products 4 19 husbandary 3 20 General business 5 Total 2113 16
According to the kind of trade, the list of the different levels labour organizations that received the letter of acknowledgement Township Labour Organizations No Kind of Trade Number 1 Public goods 5 2 Freight handling 9 3 Transportation 5 4 Garment 3 5 Agriculture 79 6 Food 2 7 Fishery 6 8 Services 2 Mining 9 2 10 Production 2 11 Construction 2 12 General business 1 13 Minerals 3 14 Construction materials 1 Total 122 17
According to the kind of trade, the list of the different levels labor organizations that received the letter of acknowledgement Region/State Labour Organizations Numbe ber No Kind of Trade 10 1 Agriculture 2 2 Industrial and multi-servies 3 Production and industrial business 1 4 Fishery 1 1 5 Freight handling 15 15 Total 18
According to the kind of trade, the list of the different levels labour organizations that received the letter of acknowledgement Labour Federations No No Ki Kind of of Trade Numbe ber 1 Seafarer 5 2 Agriculture 2 3 Industrial and Multi-services 1 Total al 8 Conf nfed eder eration No No Ki Kind of of Trade Numbe ber 1 1 Public goods, Agricultue, Food, Freight handling, Mining, Education, Transportation, Serivces, Husbandary, Construction, Fishery, Garment (It includes 13 sectors in total) 19 Total al 1
Accordi rding t to the king o of trade ade, t the l list o t of the d differe rent l t levels empl ploye yers rs' organizations ns that r recei eived ed t the l letter er o of ackno nowled edgem ement ent Basic Employers' organizations No Kind of Trade Number 1 Garment 9 2 Construction materials 3 3 Iron melting 2 4 Services 5 5 Food 1 6 Public goods 2 7 Agriculture 6 Total 28 20
According to the kind of trade, the list of the different levels employers' organizations that received the letter of acknowledgement Township Organizations No Kind of Trade Number 1 Garment 1 Total 1 Employers' Federation No Kind of Trade Number 1 Myanmar Seafarer Employment Service Federation 1 Total 1 21
In carrying out to form the agriculture and farmers basic labour Difficulties submitted by workers organization, asking the recommendation letter of the village administration that the worker owns less than 10 acres is difficulty for workers. In the Section 4 (a) of the Labour Organization Law, it states that the basic labour organization may be formed by a minimum number of 30 workers working in the relevant trade or activity according to the category of trade or activity. Under the clause (ii) of sub-section (a) of Section 4 of the Labour organization Law, it states that in so forming, it shall be recommended by not less than 10 percent of all workers of the relevant trade or activity. Some employers do not recognize the formation of the labour organization Workers who are under 18 and who have retired should have a right to join in the labour organization 22
Difficulties that employers are facing with Section 30 of the Labour Organization Law It states that ''the employer shall allow the worker who is assigned any duty on the recommendation of the relevant executive committee to perform such duty no exceeding two days per month unless they have agreed otherwise. Such period shall be deemed as if he is performing the original duty of his work.'' 23
Difficulties that employers are facing with Employers' clarification relating to the section 30 of Labour Organization EC members of the labour organizations are not comply with the Section 30 of 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 the workplace as majority workers in the same trade want their leave entitlement. In attending the trainings and meetings, labour organizations do not inform the employers in advance and do not take permission of the employers, and only after their attending those meetings and trainings, they inform the employer to provide them the on-duty leave through the township registration officer. So, there are problems between employers and workers in the workplace. It is necessary to extend the formation of the employers' organization as labour organizations. 24
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