Workers to form labor organizations under new bill

Workers in Myanmar are going to have the opportunity to form basic labor organizations comprising at least 30 of their fellow workers in their respective workplaces. Similarly, employers will also have the right to set up their organizations, according the labor organizations bill.

Under the labor organization bill, workers will have the right to strike, and how to go on strike in accordance with the law has been stated in the bill.

In the preamble of the labor organization bill, it is stated that Pyidaungsu Hluttaw, in accordance with the section 24 of the state constitution, has approved the law to protect the rights of workers, to improve the relations among workers and that between workers and employers, and to systematically form labor organizations.

According to the section 4 (A) of the bill, workers can set up basic labor organizations with at least 30 members of worker in respective workplaces to serve the interest of the workers and the employers. Workers in small workplaces with less than 30 employees can also form labor organizations jointly with counterparts from similar businesses. In addition, labor organizations are required to organize the support of at least 10 percent of workers in respective workplaces.

Township level labor organizations can be formed with the support of at least 10 percent of the grass-root level organizations in respective townships.

Region or state labor organizations can be set up with the support of at least ten percents of township level trade unions in respective regions and states.

The central labor organizations can be formed with the support of at least ten percent of region or state trade unions.

The All Myanmar Labor Organization can be founded with the support of at least 20 percent of central labor organizations based on the types of businesses.

According to section 8 of the bill, employers will also have the right to form employer organizations.

Strike means not working or refusing to work or work delays with the decision of some or all workers over a social or work related matters in which no negotiation between workers and the employer is possible, or cooperation of workers to affect the production or services with the support of the majority of workers. The term does not cover workers who leave their workplaces due to immediate hazard to their lives and health, according to Section 2 (G) of the bill.

Labor Organizations of public workers that want to strike are required to inform the employer and authorities concerned of the strike 14 days in advance, and follow the instructions of the labor federation concerned, if any, as to the date, place, the numbers of workers on strike means and duration.

Strikes involving labor organizations of public workers such as water supply, electricity supply, fire services, healthcare services, and telecommunication  services, that can affect the lives, health and safety of some of the public, are  illegal, according to the bill.