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July breaches: The company with no EC contract, off days, fixed wages and leave

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There were 26 cases of breaches upon the labours expressed in Myanmar labours news in July 2023.Also 30 articles and news about labours paths and difficulties. 3 factories were expressed twice among them.

Those 26 cases were from garment, aluminum, water breeding, shoes, wallet and frame factories but as garment factories are the most common in Myanmar, most of the cases occurred there.

The factories operated in Yangon, Bago, Pathein and Myeik as upon the businesses sense.

Numerous amounts of breached labours are witnessed as there are from 200 to 4000 labours force working there.

  Labours activists, leaders, Labours’ Unions members, leaders, federation’s members and leaders are fleeting as being tortured and sentenced since the military coup.

These situations cause the labours being helpless so that how they can expect further rights while struggling for the rights by the laws.

•    The wages decreased by the interference of the labour office.
It is witnessed that daily wage is decreased by the interference of the labour office. Hlaing Thar Yar Workshop and Labor Law Inspectorate’s ominous which says “it is legal to file lawsuit upon giving more daily wages” seems to be breaking the law and United Nation declaration of Human Rights. 
This case between 25 labours group and the factory happened in Nine Tripod Factory, Hlaing Thar Yar industrial zone 4 and now it tends to decrease the daily wages by the interference of the labour office.
Myanmar Labours news determined that it is not legal to pay lower than 4800 MMK which is expressed as the “Minimum Daily Wages” by the law but paying more is legal.

Minimum Daily Wages are important for labours as overtime calculation is based on it and also it is branching with other benefits upon being professional.

Myanmar Labour News expressed this news on 5th of July.

•    Overtime
Most breaching upon the labours in July was summoning overtimes which some factories did for the period of 6 months, half of a year not giving a chance to get an off-day.

Its benefits for the factories but the labours suffer.

In general, it can be seemed as labours getting more overtimes makes them more profits but in reality, they got suffered from marriage, domestic and social problems, cut off of the incomes and benefits. That’s why no workers are stable in those factories as noted by Myanmar Labours News.

There were 3 factories the labours themselves reported to Myanmar Labour News for summoning overtime continuously.

Those are Yangon based W&F and Myanmar Bestex garment factories. The other is Jun sheng garment.

The junta force came to inspect the W&F factory which was reported. And than speaking out that 6 facts expressed in the media was not correct and take actions with the other 4 details by the Ministry.  

Jun Sheng Garment was expressed because of several reports saying that they summon overtimes even in Sundays and public holidays.

It is noted that the ministry inspected Jun Sheng Garment and Myanmar Bestex but no actions were taken. You can read the news about these factories in Myanmar Labours news website.

•    Confiscating mobile phones for reporting the overtime

HENG RUN (MYANMAR) inspect the labour who reported about the overtime. Confiscating everyone’s mobile phones except the factory’s admins and supervisors. Confiscated at the entry until the time off. It is a breaking of the rights no matter from which point of view, from the perspective of laws or rights.

 The labours report to Myanmar Labours News that HENG RUN (MYANMAR) summoned overtime the whole month of June, including the week’s off day which is prohibit by the law and public holidays. Other factories for summoning overtime 4 hours a day and more than the time stated by the law.

A labour from Erdos (Myanmar) Knitwear Company Limited told to Myanmar Labour News that he got 200 hours of overtime.

There were 13 factories reported by summoning the overtime amount more than enough and 2 of them are reported twice.

W&F GROUP, YOYIKA Garment, MYANMAR TIANNAN GARMENT CO.LTD, RUI XIN SHOES, SEN YU, HENG RUN (MYANMAR), Myanmar Bestex Garment Co,Ltd, Myanmar of HuaMeng, Shwe Myanmar Standard Garment, FZ, Jun Sheng Garment Factory, Erdos (Myanmar) Knitwear Company Limited, KSENG (Myanmar ) Apparel; these factories were reported for summoning the overtime amount more than enough. Myanmar Bestex Garment Co,Ltd၊ HENG RUN (MYANMAR) being twice.

•    What if the labours refuse overtime
The garment labours are being threaten of firing if they refuse to work overtime for any reason.

The other was not giving overtime the other days. And reduction of the attendance bonus and grade bonus. The labours also told that there were cases of cutting off the daily wages for not working overtime in Sunday which is the week off day.

They are also facing being discriminated, scold, yelled, not giving the overtime wages the other days, forcing to work in free hours, to work all day without their wills.

We understand that the factory is responsible although who threated about firing are not the factories managers but the charges. The factory too is responsible for cutting daily wages and allowances.
•    : The company with no EC contract, off days, fixed wages and leave
Kaung Kaung Aquaculture Co.Ltd from on the other side of Myeik has many breaches. The company existence alone is breaking the law as it located on an island face to face with Myeik 
 
There is no EC contract since the application and no explanations about the duties and responsibilities to the labours at all.

Workers are having to work 2 hours more than the 8 hours stated as the maximum working hours in the law. The main duty is checking the crab raft but also having to do carrying woods, cane and fish feeding in their free time.
The workers only get 3150 MMK for 5 hours of evening overtime and 3850 MMK for morning overtime.
The labours are having trouble as they only give 4655 MMK for minimum wages breaking the law and cut off 30000 MMK for resigning.

The deputy minister U Win Shein from Labours Ministry went to Myeik in July 27. He inspected other factories but the labours of Kaung Kaung Aquaculture Co.Ltd  remains the same.

Other factories are also having issues of cutting day fees and attendance bonus for leaving a day, forcing to work on off day, separating the payment of day fees, scolding, forcing to resign, forcing to sign for substitute days, forcing to work more than normal hours, having no off days and EC contract, paying lower than the minimum wages, taking the compensation for resigning, not allowing leaves, cutting off the wages for medical leaves, not giving the full bonus, downgrading of morals, firing by accusing fake identity, discrimination, sexual harassment, mentally bullying as known form the labours.

The remaining companies which are reported are Shinsung၊ MK, Myanmar Guotai Huasheng Glory Fashion Garment, Eslite Garment Co.Ltd, Huabo Time, Yangon Art Materials Incorporation Limited, Hakers Enterprise Myanmar, GNS (Bago) Healthcare Co,Ltd, Yangon Art Materials Incorporation Limited.

•    Morally downgrading and bullies inside the workplace
More than 90 percent of garment labours are female. Most of them following the traditional culture as Myanmar women. But swearing remains as an unbreakable tradition in the garment factories.

Yelling and scolding for minor mistakes. Those things have a range for the receivers and could lawsuit and strong reactions if it was more than their limits. It is responsible for all of owners, managers, charges, stuffs and labours to collaborate and find a solution to make the workplace an enjoyable place, totally not a neglectable problem.

Actually, there are stuffs worse than this. Physically abuses are not only if a one use his or her body parts but also throwing with the things does count.
Scholars stated that scolding, shaming, showing inappropriate physical behaviors do count as bullying inside the workplace.

Morally downgrading and bullying inside the workplace different a little but actually the same. 

There were 3 factories reported for morally downgrading. An all super from Eslite Garment Co.Ltd does this to the labours. As per the details Myanmar Labour News received, that all super use the terms such as “Chick”, “Go resign”, “What I would care about questioning your leave”. These words made them morally downgraded, said by the labours. 

Another case told by the labours is about a cavity leader from Pathein base Huabo Times garment who not only swears but also physically abuse.

  The labours from Shinsung garment factory at Shwe Lin Ban industrial zone also said that they were humiliated, mentally abused and said profanities for a leave.

A worse factory was reported in July, whose foreign profession physically harassed the female labours.
 
Some of the foreign stuffs act the behaviors which goes against Myanmar traditions, threats about firing and shouting until one sob. 

It is witnessed that summoning much overtime and morally downgrading occurs in the breaches within July. Talking nonsenses that the labours would suffer if there is no overtime.

Businesses benefits and losses depends on management. Making the labours exhaustive is also a management too. It would be a benefit if the ones who manage could think of what to do rather than summoning overtime days and hours continuously. It would only be blunders if they only prior towards the employer and it is sure to be ‌against the law too. 


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