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•
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4
4.6
set in place a clear recruitment policy for hiring of staff or use of labour brokers
ensure that supervisors and managers are aware of the signs of exploitation
pay the recruitment fees for workers themselves and prohibit accepting payments
or other inducements from labour brokers or workers
• monitor the allocation of jobs and use of agencies for signs of suspicious practices
• ensure that all workers, including temporary workers, have access to a grievance
mechanism to complain about potential or actual violations of their labour rights
Monitor business relationships: ICT companies should monitor business partners to
ensure that they are upholding national labour laws and international labour
standards, including through regular surprise field visits. The risks of labour rights
violations tend to increase with each tier of the supply chain, where workers are in
lower-skilled, lower paid, manual labour positions which are temporary or irregular.
Child Labour
Monitor business partners for child labour violations: While there is a very low
likelihood of child labour in direct employment situations within skilled operations of
the ICT sector, the prevalence and general acceptance of child labour in Myanmar
and the difficulties of validating age means that companies need to be vigilant.
Companies should be alert to the possibility of child labour being used in supplying
products or services, such as in construction or catering, directly linked to their
operations. There are an increasing range of tools available to assist companies in
assessing risks to children from their operations. 475 (See also Chapter 4.8 on Groups
at Risk).
Discrimination
Seek to increase female representation in the workforce: Dscrimination against
women and girls in education and the workplace is widespread in Myanmar. 476 The
current rate of female employment in the ICT sector is low, as it is in many other
countries. (See also Chapter 4.8 on Groups at Risk).
Be alert to ethnic and religious discrimination in the workforce: Companies need
to be aware of the potential for ethnic and religious tensions and discrimination in
recruitment and in the workplace. The ethnicity or religion of company managers,
particularly in human resources, can have significant consequences. 477 Workers’
ethnicity/religion will not be readily apparent, particularly to non-Myanmar managers.
However it may not be wise for employers to collect data on the religious and ethnic
make-up of their workforce; this may create more tension. Furthermore, many
Myanmar people are of mixed heritage or self-identify in various ways. A better
approach may be management awareness of the sensitivities, clear company policies
on non-discrimination, reinforcement of those messages and modelling an approach
to equal opportunities that includes active measures to achieve those outcomes.
There are few easy answers on how to address hostility that may spill over into the
475 UNICEF
and the Danish Institute for Human Rights, “Children's Rights in Impact Assessments - A guide for
integrating children’s rights into impact assessments and taking action for children“ (2013).
476 For example, in Coca Cola’s report to the US State Department on its activities in Myanmar, the company
highlighted that it found that women were being paid approximately 11% less than male colleagues for the
same work.
477 From IHRB, “From Red Flags to Green Flags: The corporate responsibility to respect human rights in high
risk countries” (2011), pg. 73-76.
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CHAPTER 4.6: LABOUR
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