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).
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CHAPTER 4.6: LABOUR