a social security fund, which both employers and workers pay into. The Law revokes the
1954 Social Security Act, 459 and came into effect on 1 April 2014. 460 The Social Security
Rules (Notification No. 41/2014) are also in place. 461 However, as of January 2015 only
1.5% of the population was registered in the social security system, according to a
Ministry of Labour official. 462 It appears that companies with two or more employees,
including those in the ICT sector, are required to pay social security. 463
The 2013 Employment and Skills Development Law provides for skills training and a fund
into which employers pay. The law also provides for the establishment of an employment
and labour exchange office by the Ministry of Labour, Employment and Social Security.
Significantly, written employment agreements between employer and employee will now
be required under Chapter 3 of the law. The law went into effect on 30 November 2013
and revoked the 1950 Employment and Training Act. 464
The 1951 Leave and Holiday Act was amended in July 2014 and provides for leave,
holiday, maternity leave and covers daily wage, temporary and permanent workers. 465 The
forthcoming Occupational Health and Safety Act is expected to be passed by Parliament
by September 2015.
Chapter II (Article 3) of the Settlement of Labour Dispute Law requires an employer with
more than 30 workers to form a Workplace Coordinating Committee (2 representatives of
workers, 2 representatives of employer) whether or not there is a labour organisation (e.g.
union) in the enterprise.
Awareness and Enforcement of Labour Rights in Myanmar
There is an overall lack of awareness by workers and employers of these new legal rights
and safeguards, including lack of understanding of the concept of a minimum wage. The
ILO, trade unions, and other labour activists are helping to inform both workers and
employers about the new labour laws and poorly understood concepts such as collective
bargaining and a minimum wage. So far enforcement of the new laws is piecemeal, and
full-scale implementation will be a long-term process. Although the Factories and General
Labour Law Inspection Department (FGLLID) is the main Government agency responsible
for occupational safety and health, a number of other agencies in other ministries are
responsible for specific areas or sectors related to safety and health at work and/or public
safety and health in general. These include the Ministry of Mines, Ministry of Industry
(boilers and electrical equipment), Ministry of Construction, Ministry of Agriculture and
Ministry of Health etc. 466 The Government recognises the need for a greater number of
trained labour inspectors for worksites and is reportedly taking steps to increase the
number of qualified inspectors.
459
The Social Security Law, 2012, on file with IHRB.
New Light of Myanmar, “State is also exerting efforts to ensure fair protections without affecting the interest
of both workers and employers” (1 May 2014).
461 Myanmar Garment Manufacturers Association “Labour Laws and Regulations“ (accessed August 2015).
462 Mizzima “Social Security Sign-up slow in coming”(5 January 2015).
463 This excludes except for government departments, international organisations, seasonal farming and
fishing, non profit organisations, establishments operating less than three months, family and domestic
businesses. Social Security Law, August 2012, Section 11, a) and b) and Section 12, b), on file with
IHRB/MCRB.
464 Employment and Skill Development Law (2013), unofficial translation on file with IHRB.
465 Myanmar Garment Manufacturers Association “Labour Laws and Regulations“ (last accessed August
2015).
466 Labour Briefing paper commissioned by IHRB, August 2013, on file with IHRB.
460
CHAPTER 4.6: LABOUR
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4.6