Trade union rights are not secured in law and are further limited by military orders and decrees. The 2008 Constitution stipulates that “necessary laws to protect the rights of workers” shall be enacted but is silent on the content of those laws. While a union can be formed if it represents 50% of the workers, it is conditioned on not being “contrary to the laws enacted for Union security, prevalence of law and order, community peace and tranquillity, or public order and morality”. All organisations need to obtain permission to exist from the Ministry of Home and Religious Affairs, and union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. is further hampered by the single trade union system in place since 1964. In addition, trade union activities are seriously limited by Order 2/88, which bans any activity of five persons or more, such as gathering or marching in procession, and further stipulates that blocking roads, demonstrating en masse, and interfering with people carrying out security duties are prohibited.
The right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is not recognised, and industrial disputes are covered by the Trade Disputes Act, which includes a number of provisions that are not in conformity with international standards. The penalties for disregarding these laws are extensive and may entail imprisonment of up to five years.
There have been talks about a new draft labour law.
At the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
International Labour Conference on 5 June 2010, the Committee on the Application of Standards once again held a special sitting on the forced labour situation in Burma. The committee found that there were well-documented cases that Burma’s military and civil authorities continued to exact forced labour from local villagers in 2009 in all but one of the country’s States and Divisions. The committee concluded that the junta had failed to amend or repeal legislation that is contrary to the Forced Labour Convention; had taken no concrete actions to end the practice of forced labour; had failed to punish civil and military authorities responsible for exacting forced labour; and had not provided sufficient support and cooperation to the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Liaison Officer to make the forced labour complaint mechanism a meaningful process. The junta has also failed to implement recommendations made by the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Commission of Inquiry in eliminating the use of forced labour.
The committee also noted that Ms. Su Su Nway, Mr. Min Aung and the six labour activists Thurein Aung, Kyaw Kyaw, Wai Linn, Nyi Nyi Zaw, Kyaw Min and Myo Min remained in prison, despite repeated calls from the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Governing Body for their release.
On 31 January, government civil servants received a MMK 20,000 pay raise (about USD 20), leading to general unrest among workers in private sector enterprises who did not benefit from any wage increase. At the same time, prices for basic commodities and services increased as well. Numerous strikes took place with workers’ demands including increased wages, better working conditions, overtime pay and paid holidays. The government responded in most cases with a show of force and threats of violence, dismissal and blacklisting.
Over 2,000 workers from several foreign-owned garment factories in Rangoon’s Hlaing Tharyar industrial zone went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 8-9 February. Government authorities sent 50 trucks packed with riot police carrying assault rifles and shields to secure roads surrounding the zone. Authorities warned the workers to disperse peacefully or face a violent crackdown. Workers ended their strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 10 February after factory management agreed to a MMK 5,000 (USD 5) monthly wage increase.
Workers at South Korean-owned Lion City went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 16 February, and the authorities sent ten riot police trucks to the factory. Also, about 100 garment workers at the Sky garment factory in Rangoon’s Insein Township began a sit-in strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 17 February. Authorities sent 15 riot police trucks to the factory. About 500 workers from shoe and garment factories in Rangoon staged sit-in strikes on 9 March to demand a wage increase. On 20 August, authorities warned factory workers that if they launched or participated in industrial protests, they would be fired and blacklisted.
While most strikes involved a government show of force, others were resolved by reaching agreement between striking workers and management, such as that at the Grand Royal beverage factory, Super Garment and Kaunggyi Minglar garment factories in Rangoon’s Shwepyithar Township or at the two garment factories owned by SGI in South Dagon Township’s No. 2 industrial zone.