Despite being paid more than the 5,600 per day wages demanded by some workers which cause them arrested, workers at the Cheung Hing Myanmar Garment Factory have been working until 11 p.m. due to the piece work system.
The factory's severance pay system no longer limits working hours. If there is an order, we have to do it no matter 10:00 pm or 11:00 pm, it's like going down. In the last month (July), it was closed only on the full moon day. I didn't even have an off day except that.”, said by Ma Swe Swe (pseudonym) a garment labour from Cheung Hing Myanmar.
Ma Shwe Shwe said that the Cheung Hing Myanmar garment factory's severance system is that the factory workers are paid 7,000 MMK as a daily wage, and if they can sew more than the daily clothes, the factory pays wages from 200 MMK to 3,000 MMK by counting in dozen.
However, because of the workers are working unlimited hours without overtime pay, they are facing social, health and security difficulties as said by the labours from Cheung Hing Myanmar Garment Factory.
The workers get sick because they have to go down until 10 or 11 every night for a whole month in the rainy season. They can't go to the clinic, lost sleep, and can't wash clothes nor clean the house. They also faced the issues such as hostel owners refuse to open the door because of the time they arrive back.
There is no fixed amount of money in the severance system, and the amount of money received is different depending on the department in the factory, said by Ma Nan Nan.
The labours also said that some of the slow sewing workers had to work at 11:00 p.m., but they did not want to work because of the little amount of money they received.
“We can’t deny as the supers are forcing. We don’t get as we work because of the low wages. The labours don’t want to work because of sleep deprivation and low wages. But some supers force much”, said by Ma Nan Nan (pseudonym)
The labours told Myanmar Labor News that the Cheung Hing Myanmar Garment Factory started this piece working system in June and is still using it.
Ma Swe Swe said that although the factory pays in the name of dinner fees for night work, the system of unlimited working hours has a physical and psychological impact on the workers.
“When the factory changed the wage system, some afraid to drink water because they were afraid to urinate. We had to run and eat the next meal, run for the toilet. We lost much rights and freedoms. Now it is worse than August, we have to work until 23:00 or 00:00 at night. There is no day off.”, said by Ma Swe Swe.
Section 62 of the Myanmar Workshops Act, amended in 2016, states, "Working hours in any workshop shall not exceed eight hours on any day; Or not allowed to do it.
In addition, it is enacted in Section 59, "Any adult worker in a workshop, must not to work more than forty-four hours; or shall not be allowed to do.”
Factory of the Ministry of Labor The guidelines for working overtime in workshops also state that workers who will work overtime must asked for their desire, but in the Cheung Hing Myanmar Garment Factory, which works until 11:00 at night, the workers said that there is no survey for them.
"As it is a force to work illegally, there was no way I had to sign to agree to work overtime up to 11 hours," said Ma Swe Swe.
The working hours of Cheung Hing Myanmar Garment Factory are from 8:00 AM to 4:45 PM, with a 35-minute break at the end of work.
But after the break, the workers said that they had to work overtime until 11:00 p.m. without a dinner break.
"The work start at 8:00 a.m., and at 12:00 p.m., We have a 45-minute break for lunch. We got off at 4:45 in the evening and get a break for 35 minutes and after that work again until 11:00 p.m.," Ma Nan Nan told Myanmar Labor News.
In Myanmar, according to the Leave and Working Holidays Act of 1951, workers are entitled to casual, medical, service and maternity leaves. It is stipulated that the person who violates these sections shall be sentenced to imprisonment and fines.
In Section 63 of the Workshops Act, It is stated that “In determining the working period of the adult workers in the workshop on different days, No period shall exceed five hours; Furthermore, no worker shall be made to work for more than five consecutive hours without having a rest period of at least half an hour.” In addition, the ministry announced last month that it would take action under Section 85 against a factory that was forced to continuously work without giving rest time.
“We have to work continuously for almost 6 hours. Have to run and eat in between meals. We report because there is no one to help. The leaves allowed are casual and medical leave. But we don’t get pay 7,000 MMK on those days. 5400 MMK only. They even said that was an allowance although it was a cut. And they don’t allow the service leave too and they said they will give money instead after 2 years of service. Last month, the factory announced that they will not give any service leave. There were no service leave allowed or paying money instead in previous years.”, said Ma Swe Swe.
Cheung Hing Myanmar Garment Factory is located in Nga Moe Yate Road, War Ta Yar Industrial Zone, Shwe Pyi Thar Township, Yangon and operating with about 700 labour force.
The factory is owned by Cheung Hing Myanmar Co.ltd, which is a foreign-owned company that registered with DICA in the early 2014.
According to information from Open Supply Hub, it is a Chinese National own factory that produces Next Plc woolen fabrics.
