4
4.6
the President’s proposal which provided for imprisonment of such employers. 444 In May
2015, the ILO reported that over 1660 independent trade unions have been registered,
mostly at the enterprise level. 445 While these are predominantly based within the apparel,
other manufacturing or farming sectors, at least one of the international
telecommunications operators, Telenor, has a global framework agreement with the union
representing service sector workers around the world. The agreement provides a platform
and framework for dialogue between UNI Global and Telenor on fundamental labour rights
that can also cover a dialogue on working conditions in Myanmar. 446
On a national scale, there is an opportunity to build from scratch the sort of ‘development’
model of industrial relations the country needs. However, the current laws relating to
freedom of association and collective bargaining mentioned above promote fragmentation
of industrial relations by making it difficult for unions to establish themselves beyond the
enterprise level. A lack of understanding, or in some cases entrenched attitudes, might
see the new rights-based industrial relations framework drift towards a conflict model. This
risk has been increased by the perceptions created by several high profile labour disputes
and the weaknesses in the law and its implementation, which mean that, in practice,
employers can discriminate against workers who seek to exercise their rights in
accordance with the new laws, including by dismissing them from their jobs.
Early 2015 saw a number of strikes and protests in Yangon by garment factory workers
calling for higher wages and better working conditions. Although some disputes were
resolved by employer-worker meetings, others were not, leading to protest
demonstrations and arrests of workers. 447 An ILO official noted in August 2014 that
factory owners appear to be dismissing employees because of their union activities and
recommended that the Government outlaw this practice. 448 The ILO has recommended a
number of amendments to the new laws on freedom of association to improve their
functioning, including an obligation on parties to engage in collective bargaining in good
faith, and to strengthen the enforceability of decisions of the labour arbitration bodies.
444
Unofficial translation of The Republic of the Union of Myanmar, Board of Information, Issue No (5/2014),
October 14, 2014, announcing the Draft Bill which amends the Settlement of Labour Dispute Law, on file with
IHRB/MCRB.
445 Mizzima “Unions have hit a glass ceiling” (10 March 2015).
446 Telenor, “Telenor renews global agreement with UNI Global Union” (May 2015).
447 Myanmar Times “Time for government to step up on labour disputes” (17 March 2015).
448 DVB, “Burma’s Industrial Relations at a Crossroads” (30 August 2014).
192
PAGE
CHAPTER 4.6: LABOUR