ministry of labour, immigration and population · ministry of labour, immigration and population 1...
Post on 24-May-2018
224 Views
Preview:
TRANSCRIPT
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
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
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
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
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.
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
According to the kind of trade, the list of the different levels labour organizations that received the letter of
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
According to the kind of trade, the list of the different levels labour organizations that received the letter of
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
According to the kind of trade, the list of the different levels labour organizations that received the letter of
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.
Difficulties that employers are facing with
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
Difficulties that employers are facing with
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.
Difficulties that the Ministry of Labour, Immigration and Population is facing with
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.
Difficulties that the Ministry of Labour, Immigration and Population is facing with
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.
Difficulties that the Ministry of Labour, Immigration and Population is facing with
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.
Difficulties that the Ministry of Labour, Immigration and Population is facing with
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
2014 (January to December)
78 cases 41 cases
2015 (January to December)
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
top related