Abiding by worksite regulations

  • By Khin Yadanar

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In large factories and assembly production lines, human resource management can improve the competitive ability of the business, according to the International Labour Organization (ILO). The quality of labourers is a measuring standard for an international trademark.
In Myanmar, factories are being overseen and labour laws being implemented under the supervision of the Ministry of Labour, Immigration and Population. The ministry has laid down more detailed regulations about the duties and obligations of both the employers and employees, aiming to boost the workforce productivity and labour rights.

Working hours
Working hours within a workday must be established and arranged so that workers do not work longer than five hours at a stretch without receiving a rest of at least 30 minutes. No matter how the schedule is arranged, the workday composed of periods of work and intervals may be amended depending on the nature of the enterprise and in accordance with the applicable labour laws by negotiations and upon mutual agreement between the employer and the employee.

Public holidays
Sundays shall be designated as the weekly rest day; alternately, depending on the nature of the enterprise, the employer and the employee may upon mutual agreement designate any other day of the week as the weekly rest day. Wages for the rest day shall be enjoyed in accordance with applicable labour laws.

Wages/salaries and medical care
Salary shall be paid to employees who are working at a factory with under 1000 workers within seven days, and to those with over 1000 workers within the first 10 days of the month. If not satisfactory, complaints can be filed with relevant labour offices nearby. Wages/salaries shall be paid in accordance with the agreement between the employer and the employee. Depending on the performance, the wages/salaries may upon mutual agreement between the employer and the employee be amended from time to time. Employees covered by the Social Security Law are entitled to medical treatment, in accordance with the rules and regulations of the State.

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Overtime work
Depending on the nature of the enterprise, the employer and employee may mutually agree on the employee working overtime, in accordance with applicable labour laws. The payment for overtime shall be computed in line with the formula prescribed by rules and regulations. Overtime hours for workers in factories are regulated under a directive: for workers who do not engage in continuous work, overtime hours shall not exceed 20 hours per week. Adult male workers in factories engaged in continuous work begin accruing overtime at twice the ordinary wage rate after working more than 48 hours in a week.

Termination of employment
An employment contract must include provisions on resigning and termination of service as well as termination of agreement. If an employee desires to resign from the job, he or she shall inform the employer 30 days in advance with sound reason. If an employer desires to terminate the employment, he or she shall inform the employee 30 days in advance with sound reason. When a worker is terminated from employment, the employer must pay severance on the basis of his or her last salary.

Children’s working hours
In factories, children 13 years of age may work more than eight hours in any day. No child shall be required to work in the worst forms of labour, including in hazardous conditions, conditions harmful to his/her health, conditions deterring his/her education, and in such a way his/her moral and dignity would be affected. Among persons aged 16 and 17 years of age, those who have completed relevant vocational trainings, who know and abide by directives relating to occupational safety and health, and those who are certified by a registered medical practitioner, shall be allowed to work in the trades which are safe and which do not affect the development and moral of such persons.

 

Translated by
Win Ko Ko Aung

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