4 4.6  human rights impact assessment in 2013, which identified key risks that will be reflected in its management systems. 469 One company has reported that it has no manufacturing facilities but does have a small sales force in Myanmar. It applies its global policies on labour rights, health and safety, child and forced labour, living wage, anti-discrimination, and the environment. 470 C. Labour: Recommendations for ICT Companies Using International Standards  Use international standards as a basis for relationships with workers: Given the large number of labour laws being enacted, it is likely that there will be overlap and contradiction between and within the laws. As noted above, the ILO is working with the Government to develop one harmonised, overarching labour code that is expected to be better aligned with ILO standards. Until such time, using international standards rather than Myanmar law is a better basis for developing policies and practices that respect the human rights of workers (see Part D). Recommendations on Workplace Issues    Engage constructively on freedom of association and trade unions: Since trade unions are unlikely at present to be able to provide information to workers about their labour rights, ICT companies should provide relevant information to employees and other workers, particularly in light of the many new labour laws. Given non-existent or only nascent awareness and understanding of the right to freedom of association and collective bargaining, companies should ensure that their workers are aware of and able to exercise their rights, and engage constructively with trade unions where workers choose to establish them. Moreover, they should ensure that workers who lead or join a union are not discriminated against, dismissed or otherwise impeded in carrying out their trade union functions. Support business partners in respecting labour laws and standards: Local Myanmar companies will need support in meeting a wider range of contracting requirements around quality, working conditions, health and safety and anti-corruption. Telecoms operators, network equipment providers, tower companies, and the other main contractors should put in place specific contractual requirements together with monitoring, support, training, and relevant incentives and disincentives with business partners supplying goods and services to prompt uptake and respect for relevant international, national and company standards. Pay particular attention to the rights of workers of subcontractors: Working conditions, including health and safety issues, were raised by workers of subcontractors met during field assessments. These workers were in lower-skilled, lower paid, manual labour positions, working on a temporary or irregular basis in which working conditions and preventative measures could be haphazard, with unclear access to company-provided health services or facilities. 469 Ericcson, “Response by Ericsson: Myanmar Foreign Investment Tracking Project", Business & Human Rights Resource Centre (last accessed September 2015). 470 See further: LG Electronics, “Response by LG Electronics: Myanmar Foreign Investment Tracking Project", Business & Human Rights Resource Centre (last accessed September 2015). 202 PAGE CHAPTER 4.6: LABOUR

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