4 4.6 An August 2014 report by one telecoms operator noted that on-site inspections of its supply chain found cases of underage labour (15 – 17 years old) and child labour (under 15 years old), including on tower construction sites. 453 In May 2015 the same company reported they had uncovered additional cases of child and underage labour in its supply chain, as they continued their work to eradicate all such cases in tower construction sites. The Government’s ratification of ILO Convention No 182 on the Worst Forms of Child Labour in December 2013 454 is part of the Ministry of Labour’s reported aim to eradicate the worst forms of child labour by 2015. Parliament approved the ratification of the convention in July 2014, with full implementation pledged by the Government in December 2014 although this has yet to take place. 455 Overview of the Revision of Myanmar Labour Laws In addition to the laws on freedom of association and collective bargaining noted above, new labour laws passed by Parliament since the 2011 elections include the 2013 Minimum Wage Act, the 2012 Social Security Law, and the 2013 Employment and Skills Development Law. Other laws are believed to be in draft form or in the process of being drafted, including a Shops and Enterprises Act, an Occupational Health and Safety Act, a Factories Act Amendment Bill and a Foreign Workers Act. The ILO is currently working with the Government to come up with an overall legal and policy framework on labour, with the aim of drafting one comprehensive labour code after 2015 that would consolidate these laws and draft laws into a coherent code or framework. 456 Given the rapid enactment of labour laws, it is likely that there will be overlap and contradiction within the laws, at least until the more comprehensive labour code is in place. Working hours are generally very long but with new labour laws in place, there is a focus on reducing hours. The 2012 Minimum Wage Law provides for a minimum wage to be set. This finally took place in August 2015 when the rate was set at 3,600 MMK per day. 457 The Minimum Wage Law requires that salaried workers should have one day off per week with pay, and the payment of over-time if a salaried worker works on the day of leave (Article 16d). Protections for daily wage workers are predictably less. However, if a worker in a daily wage job works less than the set hours per day because the employer requires fewer hours, the worker should still receive the full wage for the day (Article 16(e)). The law covers part-time work, hourly jobs and piecework (Article 16c) and provides that both men and women should receive the minimum wage without discrimination (Article 16f). The Minimum Wage Law also provides for penalties if the employer fails to pay the minimum wage. 458 The 2012 Social Security Law provides for a health and social care insurance system; a family assistance insurance system; invalidity benefit, superannuation benefit and survivors’ benefit insurance system; and an unemployment benefit insurance system from 453 Telenor Myanmar, “Business Sustainability Update” (19 August 2014). Children were immediately removed from the sites. The company’s policy states that no one under 15 will be employed and that workers must be at least 18 years of age to work on tower construction sites, as the company considers the work to be potentially hazardous. It also works to educate and train local suppliers and the community on its child labour policies. See also Myanmar Times, “Telenor works to address its child labour troubles”, (22 May 2015). 454 Eleven Media, “Myanmar Vows To Root out Child Labour By 2015” (4 May 2014). 455 The Irrawaddy, “Govt to Start Child Labor Elimination Policy in December” (18 July 2014). 456 ILO is expecting to put in place a full Decent Work country programme in 2016. 457 Myanmar Times, “Minimum wage set at K3600” (19 August 2015). 458 Myanmar Ministry of Labour, Employment and Social Security, 2012 Minimum Wage Law. 194 PAGE CHAPTER 4.6: LABOUR