By Min Ni Kyaw Nov 12, 2023
Bagu-based Karisma Apparel (Myanmar) Co.,ltd Garment factory workers said that the factory officials ask for the medical prescription which is beyond the law when they ask for a leave for various reasons, so most of the workers are being labeled absent and losing their rights.
"The factory says to bring the prescription if we asks for the casual leave. This leave does not require a prescription. Only medical leave would do. So that we couldn't give it. We are being labeled absent for just being not able to show the prescription," said one of the workers.
In Rule (c) of the "Leave and Working Holidays Act of 1951" it is stipulated that "there is a right to pay/salary for casual leave" and there is no requirement to submit a medical prescription. In addition, the employment contract (EC) stipulated by law does not specify that a medical certificate must be obtained, and the employee just must to submit a leave letter on the day he/she returns to work.
A Karisma Apparel worker told Myanmar Labor News that they are losing their rights and privileges due to rules that exceed the law prohibiting casual leave.
"At the factory, casual leave cannot be combined the day before Sunday. We can't get a casual leave on Saturday and either Monday. We understand that casual leave cannot be taken in conjunction with other types of leave but we know that we can continue to take in conjunction with the weekends and public holidays," they said.
Violation of the "Leave and Working Holidays Act of 1951" is punishable by imprisonment for three months or a fine not exceeding fifty thousand kyats or both punishments could be imposed.
A worker of Karisma Apparel (Myanmar) garment factory said that as the factory is demanding beyond the law, not only their daily wages but also the attendance bonus are being cut.
"4,800 kyats per day is cut for missing a single day. Even if we get overtime, it won't exceed 200,000 kyats per month. It's difficult if the cut the daily wages because of the children's expenses. It is certain for a loan after passing 15 days in each month. The workers take leave only when they need it. Since the seniority leave is paid, it means we take the casual leave only for an an emergency. Seems like we have to have health issues to get the casual leave,” she said.
Karisma Apparel (Myanmar) workers said that when the factory was closed for a few days when Bagu City was flooded, the factory said they would not cut wages for those days off, but some workers did not receive their full wages.
"The factory for a week during the flood. So, the factory WCC members asked to pay the wages for that weekend, the factory said they would. But some gets and some don’t. Of course, we suffer because it is unevenly paid. We don't even dare to call to the labor office to complain so how would we dare to there," she said.
Karisma Apparel (Myanmar) workers said that the factory always knows the names of individuals those who have complained to the Bagu Township Labor Law Office about the right violations by phone.
"The factory would find out the phone number if we complain to the labor office by hotline. If we make a complaint in person, the factory already knows before we even get outside the office. The factory didn't fire those immediately but they had to leave my job because of the many inconveniences in the workplace. Workers are losing their jobs because of the violations of ethics by the Bagu labor office officials," she said.
Factory workers said that although the EC contract of Karisma Apparel (Myanmar) Garment Factory has included a ferry program, it has not been carried out according to the contract.
"They only appoint a few people to work overtime on Saturday. On those days, the factory does not provide a ferry. We have to get back with my own plan. Bago Industrial Zone is far distance from the city. We have to return to our houses from the edge of the industrial zone. Even if we take together, we get ho
me after paying about 2,000 kyats each. If the overtime for the first day is 4 hours, the OT fee will be 4,800 kyats. The fee for going back home is 2,000 kyats. The overtime fee is already gone there. This is a breach of contract. It shouldn't be," said a worker.
The Employment and Skill Development Law of 2013 stipulates that if the Employment Contraction (EC) between the employer and employee is violated of any clause it is punishable by imprisonment of not more than three months or fine or both punishments will be imposed.
The workers said that Karisma Apparel (myanmar) Co., Zone is located near Nyaung Inn village, Bago Industrial Zone, Bago City and currently manufacturing the LIDL brand with around 1,300 workers. It is also reported that the factory is owned by a Hong Kong Chinese, and the Workplace Coalition Committee WCC has been formed within the factory.
