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Monday, January 7, 2013

LABOUR in MYANMAR!


LABOUR in MYANMAR
Backgroung
According to the 1998/99 estimates, the population of Myanmar was 47.25 million. Of that figure, 33.3% were below 14 years of age, 59% were between 15 and 59 years of age and 7.65% were over 60 years of age. Also at that year the population of the cities of Yangon and Mandalay were 4 million and 0.7 million respectively. Myanmar has a high literacy rate, so its labour force is fairly well-trained. Every year, more than 30,000 students graduate from schools and academic institutions of higher learning, and about 80,000 trainees from vocational training schools. Most of them are proficient in Myanmar and English.

Recruitment Procedures
Procedures to recruit workers are simple and straightforward. A private enterprise wanting to employ five or more workers should apply on the prescribed form to the Township Labour Office which will prepare a list of candidates meeting the personnel specifications. The workers will be selected by the employer from the list. To assist foreign employers comply with Myanmar's labour law, the Department of Labour can examine employment contracts and work rules and advise accordingly. Employers can also recruit through employment agencies or directly through advertisements.

Wages and Salaries
In private enterprises, wages and salaries are negotiated between the employer and employees. A factory worker can earn from about K2,000 to K3,000 a month, depending on his skill level.

Leaves and Holidays
Workers in a private enterprise are granted the following leaves and holidays' 6 days casual leave, 30 days medical leave, 10 days earned leave, and 21 public holidays in a year with wages. In addition, women workers in private enterprises covered by the Social Security Act 1954 are granted maternity leave with paid wages.

Social Security Benefits
The Social Security Act 1954 stipulates that private enterprises employing more than five workers must contribute two percent of their insured wages to a social security fund. Apart from free medical care, workers covered under the Act are entitled to cash sickness benefit, cash maternity benefit, funeral grants, temporary disability benefit, permanent disability benefit and survivors' pension.

Working Hours
Typical working hours are as follows:
Shops, companies, trading centres , service enterprises, and entertainment houses 8 hrs a day, 48 hrs a week Factories, oil fields, and mines 8 hrs a day, 44 hrs a week Factories engaged in continuous process 48 hrs a week d. In underground mines 8 hrs a day, 40 hrs a week.

The Workmen's Compensation Act stipulates for compensation to be paid by the employer if a worker not covered by the Social Security Act 1954 suffers injury resulting in temporary or permanent disability or death in the course of performing his duties.

Ministry of Labour
Labour administration is the responsibility of the Ministry of Labour. Departments under the Ministry of Labour include: (1) Department of Labour, (2) Social Security Board, (3) Central Inland Freight Handling committee, (4) Factories and General Labour Laws Department, and (5) Central Trade Disputes Committee.

Department of Labour
Amongst others, the major functions performed by this department include conducting negotiations and conciliations in cases of dispute between employers and employees; providing employment services through its 78 township offices; providing overseas employment services; researching and reviewing labour laws; and maintaining manpower statistics.

Social Security Board
The Social Security Board administers the Social Security Scheme established pursuant to the Social Security Act.

Factories and General Labour Laws Department
This department researches, monitors, and enforce safety and health standards in factories. Its inspectors are authorised to fine employers who breach minimum safety and health standards, and who commit other transgressions such is not complying with trade disputes awards, or not remitting social security contributions. Apart from enforcement, the department also disseminates industrial safely information and provides consultancy services. The Labour Laws
The major labour laws currently enforced in Myanmar are as follows:

- Employment Restriction Act. 1959
- Employment Statistics Act. 1948
- Employment and Training Act. i950
- Factories Act. 1 951
- Minimum Wages Act, t949
- Payment of Wages Act. 1936
- Shops and Establishments Act, 1951
- Social Security Act. 1954
- The Leave and Holidays Act. 1951
- Trade Disputes Act, 1929
In addition, Myanmar has also ratified numerous International Labour Organisation Conventions.

Settlement of Trade Disputes
The Ministry of Labour has set up an effective machinery for the settlement of trade disputes. Any disputes between an employer and a worker is first brought to the attention of the Township Workers Supervisory Committee for possible conciliation. If conciliation fails, the matter will be referred to the Township Trade Disputes Committee (TDC) for arbitration. If the award made by the TDC is not accepted by one of the parties, an appeal can be filed to the Trade Disputes Appeal Committee. The Trade Disputes Appeal Committee may uphold reverse or vary the terms of the award. If the decision of the Trade Disputes Appeal Committee is not acceptable to one of the parties, a final level of arbitration can be sought from the Central Trade Disputes Committee. Here. the decision is final.

Ref;modins.net

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