Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct strikes. The law permits labor organizations to demand the reinstatement of workers dismissed for union activity, but it does not explicitly prohibit antiunion discrimination in the form of demotions or mandatory transfers, nor does it offer protection for workers seeking to form a union. The law does not provide adequate protection for workers from dismissal before a union is officially registered.
Laws prohibit civil servants and personnel of the security services and police from forming unions. The law permits workers to join unions only within their category of trade or activity, and the definition of trade or activity lacks clarity. Basic labor organizations must have a minimum of 30 workers and register through township registrars with the Chief Registrar’s Office of the Ministry of Labor, Immigration, and Population (Ministry of Labor). Township-level labor organizations require support from a minimum of 10 percent of relevant basic labor organizations to register; regional or state labor organizations require a minimum of 10 percent of relevant township labor organizations. Each of these higher-level unions must include only organizations within the same trade or activity. Similarly, federations and confederations also require a minimum number of regional or state labor organizations (10 percent and 20 percent, respectively) from the next lower level in order to register formally. The law permits labor federations and confederations to affiliate with international union federations and confederations.
The law provides for voluntary registration for local NGOs, including NGOs working on labor issues. Organizations that choose to register are required to send organizational bylaws and formation documents to the government and secure sponsorship from a government ministry. Broader restrictions on freedom of assembly remained in place (see section 2.b.).
The law gives unions the right to represent workers, to negotiate and bargain collectively with employers, and to send representatives to a conciliation body or conciliation tribunal. Union leaders’ rights to organize, however, are only protected after the official registration of the union. The law does not contain detailed measures regarding management of the bargaining process, such as requiring bargaining to be in good faith or setting parameters for bargaining or the registration, extension, or enforcement of collective agreements. The National Tripartite Dialogue Forum, with representatives from government, business, and labor unions, met during the year. The forum consulted with parliament on labor legislation.
The law stipulates that disputes in special economic zones be settled in accordance with original contracts and existing laws. The government appointed a labor inspector for each such zone and established zonal tripartite committees responsible for setting wage levels and monitoring the ratio of local and foreign labor.
The government partially enforced applicable labor laws; penalties were commensurate with those for other laws involving denials of civil rights. As of November the implementing regulations for the Settlement of Labor Dispute Law amended in 2019 remained in draft.
The law provides the right to strike in most sectors, with a majority vote by workers, permission of the relevant labor federations, and detailed information and three days’ advance notice provided to the employer and the relevant conciliation body. The law does not permit strikes or lockouts in essential services such as water, electric, or health services. Lockouts are permitted in public utility services (including transportation; cargo and freight; postal; sanitation; information, communication, and technology; energy; petroleum; and financial sectors), with a minimum of 14 days’ notice provided to the relevant labor organizations and conciliation body. Strikes in public utility services generally require the same measures as in other sectors, but with 14 days’ advance notice and negotiation between workers and management before the strike takes place in order to determine maintenance of minimum service levels. The law prohibits strikes addressing problems not directly relevant to labor issues.
The amended law no longer defines complaints as “individual” or “collective,” but as “rights-based” or “benefits-based.” A “rights-based” dispute includes violations of labor laws, whereas a “benefits-based” dispute pertains to working conditions as set by the collective agreement, contract, or position. The type of dispute determines the settlement procedure. Under the amended law, “rights-based” disputes do not go through a conciliation process or an arbitration proceeding but go directly to court proceedings. The amended law has no requirements for good faith bargaining and permits worker welfare committees to negotiate disputes, even in workplaces where unions exist. The amended law significantly increases fines for labor violations, but it eliminates prison terms as punishment for violations.
Labor groups continued to report labor organizations’ inability to register at the national level, a legal prerequisite for entering labor framework agreements with multinational companies.
There were continued reports of employers engaging in forms of antiunion discrimination. The International Labor Organization (ILO), labor activists, and media outlets reported employers firing or engaging in other forms of reprisal against workers who formed or joined labor unions, including using the COVID-19 pandemic as a pretext for dismissing workers organizing unions in factories. Trade unions reported cases in which criminal charges were filed against workers for exercising their right to strike, and trade union members were arrested and charged with violating peaceful assembly laws when holding demonstrations regarding labor rights generally.
Worker organizations reported that formal dispute settlement and court procedures were not effective at enforcing labor laws. Workers resorted to engaging in campaigns with international brands to pressure factories to reinstate workers or resolve disputes. For example, in August, after negotiations between Kamcaine Manufacturing with the Industrial Worker’s Federation of Myanmar regarding terminations, Kamcaine Manufacturing agreed to reinstate 57 dismissed union members, including seven executive members. Similarly at the Youngan factory, union organizers were dismissed, but the company later complied with the arbitration council’s decision to reinstate the workers.
Labor organizations also reported that local labor offices imposed unnecessary bureaucratic requirements for union registration that were inconsistent with the law.
Workers and workers’ organizations continued to report they generally found the Ministry of Labor to be helpful in urging employers to negotiate.
b. Prohibition of Forced or Compulsory Labor
Laws prohibit most forms of forced or compulsory labor, although it is allowed for use by the military and penal institutions. Laws also provide for the punishment of persons who impose forced labor on others. The law provides for criminal penalties for forced labor violations; penalties differ depending on whether the military, the government, or a private citizen committed the violation. The penalties are commensurate with analogous serious crimes such as kidnapping. The government did not effectively enforce the law, particularly in the areas where significant conflict was occurring.
The government established a forced labor complaints mechanism under the Ministry of Labor, which began receiving and referring cases during the year, replacing the previous mechanism run in coordination with the ILO. The ILO and unions expressed concerns that the government’s mechanism does not provide sufficient protections for victims. Since February the mechanism had received at least 34 complaints and carried over an additional 24 open cases reported through the interim mechanism that took over from the ILO in 2019. Of these 58 combined cases, the labor ministry reported that 25 were officially listed as settled, while 33 were listed as continuing cases. Cases are listed as settled once they have been referred to the appropriate authorities and action has been taken. For example, cases of underage military recruitment are considered settled once they have been referred to the Ministry of Defense and the victim has been released from military service and provided social assistance. These complaints were in addition to the 61 complaints received directly by the ILO as of November.
Although reports of forced labor continued, the ILO reported their number of complaints decreased. Reports of forced labor predominantly arose in conflict and ceasefire areas. The complaints mechanism was not accessible in these areas.
The military’s use of forced labor declined, although the 2020 Secretary-General’s Report on Children and Armed Conflict noted an increase in use of children by the military with indicators of forced labor in conflict-affected areas in Rakhine State. The military continued to compel forced labor by civilians as porters, cleaners, and cooks in conflict areas. Although the military and the government received complaints through the complaints mechanism about the military’s use of forced labor, no military perpetrators were tried in civilian court, and it was not possible to confirm military assertions that perpetrators were subjected to military justice.
Prisoners in the country’s 50 labor camps engaged in forced labor (see section 1.c., Prison and Detention Center Conditions).
The ILO did not receive any verified reports of forced labor in the formal private sector, although domestic workers remained at risk of forced labor. There were reports of forced labor in the production of a variety of agricultural products and of jade, rubies, and teak. Traffickers forced men to work domestically and abroad in fishing, manufacturing, forestry, agriculture, and construction, and they subjected women and girls primarily to sex trafficking or forced labor in garment manufacturing and domestic service.
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits the worst forms of child labor. The 2019 Child Rights Law sets the minimum age at 14 for work in certain sectors, including shops and factories; the law establishes special provisions for “youth employment” for those older than 14. There is, however, no minimum age for work for all sectors in which children were employed, including agriculture and informal work. Some sector-specific laws identify activities that are prohibited for children younger than 18. The law prohibits employees younger than 16 from working in a hazardous environment, and the government prepared a hazardous work list. Penalties under the Child Rights Law are analogous to other serious crimes, such as kidnapping.
Trained inspectors from the Factories and General Labor Laws Inspection Department monitored the application of these regulations, but their legal authority only extends to factories. In addition, inspectors were hindered by a general lack of resources.
The United Nations documented a sharp reduction in the recruitment of children by the Burmese military for use in armed combat, although it continued to document cases, mainly in Rakhine State, of the use of children by the military in noncombat roles. Both practices continue to occur within some ethnic armed groups (see section 1.g.).
The government did not effectively enforce the law. Child labor remained prevalent and highly visible. Poverty led some parents to remove their children from school before completion of compulsory education.
In cities children worked mostly as street vendors, refuse collectors, restaurant and teashop attendants, and domestic workers. Children often worked in the informal economy, in some instances exposing them to drugs and petty crime, risk of arrest, commercial sexual exploitation, HIV/AIDS, and other sexually transmitted infections (also see section 6). Children were also vulnerable to forced labor in teashops, agriculture and forestry, gem production, begging, and other fields. In rural areas children routinely worked in family agricultural activities, occasionally in situations of forced labor. Child labor was also reported in the extraction of gems and jade, as well as rubber and bricks.
d. Discrimination with Respect to Employment and Occupation
Labor laws and regulations do not prohibit employment discrimination.
Restrictions against women in employment exist based on social and cultural practices and beliefs. Women remained underrepresented in most traditionally male-dominated occupations (forestry, carpentry, masonry, and fishing) and were effectively barred by hiring practices and cultural barriers. Women were not legally prohibited from working in certain professions, except in underground mines. The law governing hiring of civil service personnel states that nothing shall prevent the appointment of men to “positions that are suitable for men only,” with no further definition of what constitutes positions “suitable for men only.”
There were reports government and private actors practiced discrimination that impeded Muslim-owned businesses’ operations and undercut their ability to hire and retain labor, maintain proper working standards, and secure public and private contracts. There were reports of discrimination based on sexual orientation and gender identity in employment, including the denial of promotions and firing of LGBTI persons. Activists reported job opportunities for many openly gay and lesbian persons were limited and noted a general lack of support from society as a whole. Activists reported that in addition to general societal discrimination, persons with HIV/AIDS faced employment discrimination in both the public and private sectors, including suspensions and the loss of employment following positive results from mandatory workplace HIV testing.
e. Acceptable Conditions of Work
The official minimum daily wage was above the poverty line. The minimum wage covers a standard eight-hour workday across all sectors and industries and applies to all workers in the formal sector except for those in businesses with fewer than 15 employees. The law requires the minimum wage to be revised every two years. Overtime cannot exceed 12 hours per workweek, should not go past midnight, and can exceed 16 hours in a workweek only on special occasions. The law also stipulates that an employee’s total working hours cannot exceed 11 hours per day (including overtime and a one-hour break). The law applies to shops, commercial establishments, and establishments for public entertainment. The law requires employers to pay employees on the date their salary is due for companies with 100 or fewer employees. For companies with more than 100 employees, the employer is required to pay employees within five days from the designated payday. Up to 75 percent of the workforce was in the informal sector or self-employed and thus was not covered by the laws.
The 2019 Occupational Safety and Health law sets standards for occupational safety and health, and welfare. The law does not provide inspectors the authority to make unannounced inspections or initiate sanctions. The Ministry of Labor has the authority to suspend businesses operating at risk to worker health and safety until risks are remediated.
Labor unions reported instances in which workers could not remove themselves from situations that endanger their health or safety without jeopardizing their employment. Unions reported that workers concerned about COVID-19 positive cases in factories were nonetheless required to work. Penalties for safety and health violations were not commensurate with those for crimes like negligence.
The Ministry of Labor’s Factories and General Labor Laws Inspection Department oversees labor conditions in the private sector. Inspectors were authorized to make unannounced inspections and initiate sanctions. Penalties were commensurate with those for similar violations. The government did not effectively enforce the law. The number of labor law inspectors and factory inspectors was insufficient to address occupational safety and health standards, wage, salary, overtime, and other issues adequately. In some sectors other ministries regulated occupational safety and health laws (e.g., the Ministry of Agriculture, Livestock, and Irrigation).
Workers’ organizations alleged government inspections were rare and often announced with several days’ notice that allowed factory owners to bring facilities–often temporarily–into compliance. Corruption and bribery of inspectors reportedly occurred, according to UNICEF, unions, and the labor NGO Solidarity Center.
The public sector was reasonably likely to respect labor laws; frequent violations occurred in private enterprises. Workers continued to submit complaints to relevant government agencies and the dispute settlement mechanism.
There were no recent statistics available on industrial accidents leading to death or serious injury of workers. In July a landslide in a mining area killed at least 172 persons scavenging for jade in an area closed because of heavy rains.