Myanmar
Trade for Decent Work supported the improvement of labour market governance through legislative and institutional reforms from 2018 to 2021. Subsequently, following the military takeover of Myanmar, the project provided support to workers’ and employers’ organisations from 2021 to the end of 2022.
At the commencement of the project, Myanmar was undergoing a period of rapid economic and social transformation as the country opened following a prolonged period of economic sanctions and isolation under military rule. Myanmar’s reform agenda was extensive and included economic reforms to attract foreign investment, poverty alleviation measures, measures to strengthen democratic governance and rule of law as well as social reforms including a package of labour law reform.
From 2018 to 2021, Trade for Decent Work provided technical support to the labour law reform process consistent with Myanmar’s first Decent Work Country Programme signed in 2018. Following the military takeover of Myanmar in 2021, the project shifted focused to providing support to workers’ and employers’ organisations.
Objective
The overall objective of the project was to provide technical support for labour law reform including through the institutionalisation of tripartite social dialogue through the National Tripartite Dialogue Forum. These efforts involved providing technical support to the Ministry of Labour, Immigration and Population, Union of Myanmar Federation of Chambers of Commerce and Industry, the Confederation of Trade Unions, Agriculture and Farmers Federation of Myanmar and Myanmar Industry Craft Service-Trade Unions Federations from 2018 to 2021. Other stakeholders included academics, national conciliation and arbitration bodies, civil society organisations, multinationals and parliamentarians.
Achievements
The project provided technical reviews of draft legislation and support for tripartite consultations on revising labour legislation including the Settlement of Labour Disputes Law and Labour Organization Law from 2018 to early 2021. To support the reform process by raising awareness of international labour standards and labour law in Myanmar, multiple resources were translated into the Burmese language. In addition, the project organized large National Stakeholder Forums bringing together tripartite constituents, academics, legal practitioners and civil society organisations to exchange views and perspectives on labour law reform. In 2020 alone, more than 200 delegates attended the National Stakeholder Forum on Labour Law Reform and Decent Work.
Technical support was also provided to the Ministry of Labour, Immigration and Population consultation with social partners to ratify the Minimum Age Convention, 1973 (No.138) in 2020. This marked a significant milestone and supported the long-term efforts of the ILO Office and development cooperation activities on the elimination of child labour.
In the later stages of the project (from early 2021), the focus was on providing support to workers’ and employers’ organisations. An introductory training course on labour law was developed both in English and Burmese and delivered to four groups of unemployed Myanmar female workers (408 women) in conjunction with Vision Zero Fund training. An introductory training course on Occupational Safety and Health Law was also developed and deployed to trainers in 2022.
Activities
In Myanmar, the project focused on the following objectives:
From 2018 to early 2021:
- Institutionalizing tripartite social dialogue by providing technical support for the National Tripartite Dialogue Forum and other social dialogue mechanisms including Technical Working Group meetings on labour law reform.
- Building constituent capacities by developing and translating knowledge products and delivering trainings both to workers’ organisations and to employers at the national, sectoral and enterprise levels.
From Early 2021 to 2022:
- Supporting the capacities of workers’ and employers’ organisations to operate, support and represent their constituencies.
Resources
Guidance / Myanmar
Introduction to Laws on Occupational Safety and Health in Myanmar
May 4, 2022
Guidance / Myanmar
Handbook of Procdures relating to International Labour Standards, the Domestic Workers Convention and the Minimum Wage Fixing Convention
September 16, 2021
Guidance / Myanmar
ILO Guide to OSH standards
September 16, 2021
Guidance / Myanmar
Impact of COVID-19 on the garment sector
July 27, 2021
Guidance / Myanmar
Transitions and Retrenchments Guidelines
June 1, 2021
Guidance / Myanmar
Minimum Wage Fixing Convention
December 10, 2020
Guidance / Myanmar
The Domestic Workers Convention 2011 (No.189) and Domestic Workers Recommendation, 2011 (No.201)- Burmese
December 10, 2020
Guidance / Myanmar
ILO Guide to comprehensive standards on social security
October 15, 2020
Guidance / Myanmar
ILO Standards and COVID-19 (coronavirus) – Version 2.1
May 29, 2020
Guidance / Myanmar
Myanmar Guide to ILO Fundamental and Governance Conventions
March 12, 2020
There are no project interventions in this area yet.
Constituents effectively participate in national processes that address gaps between national law and practice and targeted conventions
Labour Law Reform
Support for labour law reviews consistent with international standards
The project provided support to technical meetings on labour law reform, conducted technical reviews of draft legislation and supported ratification processes until early 2021.
Action
- Technical support for the ratification of International Labour Standards
- Technical assistance to the Government and the Technical Working Group on Labour Law Reform to introduce or amend legislation and to adopt regulations in support of labour law reform
Results
- Ratification of Convention No. 138 (2020)
- Meetings of the Technical Working Group on Labour Law Reform in 2019 and 2020 considered revisions to the Labour and Employer Organisation Law
- Tripartite meetings considered technical comments on rules to be established under the revised Settlement of Labour Disputes Law
- Occupational Safety and Health regulations after the new Occupational Safety and Health law comes into force
Enhanced collaboration and dialogues between constituents, supply chain actors and trade partners to prompt responsible business conduct in policy and practice
Supporting labour rights and good business practice advocacy
Capacity is built to advocate for labour rights and good business practices
The project supports advocacy on workers’ rights and sound business practices. This includes support to the social partners to strengthen their work to resolve disputes during 2021 and 2022.
Action
- Technical assistance to workers and employers through the launch of training on grievance handling in Burmese (2022) with support from ITCILO
- The publishing of the ILO’s Guide to Labour Disputes Systems in Burmese
- Supported the briefing of the Myanmar Centre for Responsible Business with multinationals
- Trainings on labour law developed and delivered in English and Burmese to unemployed Myanmar female workers (408 women) alongside Vision Zero Fund training; and on Occupational Safety and Health law to an estimated 150 women
- Development of resources in Burmese:
- 1. ILO guide to OSH standards (2020)
- 2. ILO Guide to comprehensive standards on social security (2020)
- 3. ILO Guide to Fundamental Conventions
- 4. Handbook of Procedures relating to International Labour Standards, the Domestic Workers Convention and the Minimum Wage Fixing Convention
- 5. Adaptations and Translations of Managing Transitions and Retrenchments Guidelines (2021)
- Publication of resources in English, Burmese and Chinese:
- 1. Revised Myanmar Labour Law (2021)
- 2. New Myanmar OSH Law Guide (2022)
- 3. Publications providing guidance on COVID-19 and International Labour Standards (2020)
- 4. COVID- 19 and Myanmar Labour Law (2021)
- 5. The impact of COVID-19 on the garment sector (2021)
Results
- Built the capacity of workers and employers to establish frameworks to resolve disputes and grievances
- Awareness raised among multinationals on labour law developments
- Awareness raised and capacity built for female workers to advocate for labour rights and good business practices
- Awareness raised on International Labour Standards for all
- Awareness raised on Myanmar Labour Law and OSH Law for all
- Awareness raised on workers’ rights in the context of responding to COVID-19