Interregional trade union trainings on trade union strategies on International Labour Standards and labour law 11/07/2016 - 15/07/2016 Turin ,Italy BY Eaindar Kyi TIN Legal Department Confederation of Trade Unions Myanmar

Structure and organization of CTUM .

CTUM was established in 2014 and it is the only national center in Myanmar Affiliate to ITUC and ITUC-AP Close cooperation with GUFs members such as Industri All, BWI, EI, PSI etc. and national centers such as from Japan, Italy, Denmark (LO/FTF), Germany, Finland, USA etc.

CTUM Affiliates 2016 June 13 No Name of Organizations Member of Organizations Members Male Members Female Members 1 Agriculture and Farmers Organizations 582 30,278 23,003 7,275 2 Industrial Workers Organizations 40 9,604 1,698 7,906 3 Transport Workers Organizations 51 15,041 14,651 390 4 Construction and Wood Workers Organizations 32 1,437 1,060 377 5 Aquaculture Workers Organizations 14 681 629 52 6 Mine Workers Organizations 9 3,785 2,666 1,119 7 Service Workers Organizations 187 79 108 8 Media Workers Organizations 62 - Education Workers Organizations 10 310 68 242 Total 745 61,385 43,916 17,469 Confederation of Trade Unions Myanmar (CTUM)- Database Department

Currently updated Labor Laws that are being used in Myanmar. Workmen Compensation Act 1923 The Dock Labour Act,1934 The Dock Worker (Regulation of employment) Act,1948 Employment Statistic Act 1948 Oil Fields(Labour and welfare)Act 1951 Leave and Holiday Act ,1951 Factories Act,1951 Employment Restriction Act 1959 Oversea Employment Law 1999 Labour Organization Law 2011 Social Security Law 2012 The Settlement of Labour Dispute Law 2012 The Mimumum Wages Law 2013 The Employment and skill development Law 2013 Shops and Establish Law 2016 Payment of Wage Law 2016

Ongoing Labour Law reform National level Tripartite committee was set up for the discussion to amend some Labour Laws such as disputes settlement Law, Labour organization law, and workers compensation law. As for the new OSH Law, it was drafted and submitted to the parliament. Major gaps between National Labour Law and ratified ILS. Myanmar ratified 22 ILO conventions including 3 fundamental conventions No. 87, 29 and 182 but 2 conventions (No. 4 and 41) were denounced. According to the country’s labour organization law/regulation 30 members and Support of 10% of workers in the work place are required to form basic level labour organization. We see that it is not in line with FoA.

Top Myanmar Garment Factory Law suit against 16 workers Specific case of violations of internationally recognized worker’s right ,and analyses of case of the violation. Sr Date Name of Factory Subject Result 1. 9.11.2015 Top Myanmar Garment Factory Law suit against 16 workers Accusation : blocking of the factory entrance wat (Hlaing Thayar Court) The case was withdrawn after successful negotiation between both parties. 2. 6.5.2015 Bogart Garment factory Law suit against 15 workers Accusation: blocking the entrance of the factory using abusive language and assault were prosecuted by owner at (Hlaing Thar Court) Investigation of witness still Being conducted. 3. 24.2.2015 Bogart Garment Factory Ms. Thri Su Wai, a female worker tried to organize in the premises of the factory for the formation of a union. The owner objected to this and dismissed 15 workers. When the case was rejected at the Township level court the case was referred to the District court were it was again rejected . They again appealed to

The dismissed case was taken to Hlaing Tharyar court for action taken under Labour law which was rejected due to lack of proper evidence proving they were union members. After the second attempt appeal the case was accepted by the court. Yangon Regional Parliamentary court where the order was passed to review and investigate the case which is still being processed. 4. 3.8.2015 Holly Myanmar Garment Factory A female worker, Ma San San May, was dismissed without reason by Owner .This was brought to the arbitration council who decided for her reinstatement and to pay damage for the interval period. The Owner dissatisfied decision of arbitration council and appealed to the Supreme Court where the case was rejected. 5. 6.1.2016 North shore Garment Factory Law suit against 5 workers Accusation: blocking factory entrance. Hlaing Tharyar court in Yangon/Rangoon Investigation of Witness still being conducted.

6 29.1.2016 Yemi Garment Factory Accusation :Breaching of labour organization law (union blasting) as factory owner dismissed workers Who joined the worker’s union Court hearing is in the process ( very first court hearing started on 2.6.2016 7. 7.4.2016 Mitex Garment Factory Law suit against 5 workers Accusation: blocking of factory entrance. Case withdrawn after negotiation between both parties.

Majority of the trade disputes were settled according to the existing dispute settlement law. CTUM’s organizers and legal counsels represent workers at the court cases, and play advisory role in the negotiation process. CTUM shared some cases to the international trade union movement and the ITUC CTUM Legal Department has three lawyers who attend court cases of CTUM affiliates, participate act as legal counsel in the cases of dispute settlement between employers and employee, and also conduct trainings workshop on labour laws.

Thank you