By Yoon Sat - Dec 13, 2024
The military-controlled Ministry of Labour has increasingly delayed action on labor rights violation cases, prolonging the resolution process until cases are dismissed or abandoned, according to statements from workers and labor rights advocates.
Workers have lodged complaints with the Ministry of Labour about various abuses, including breaches of EC contracts, union busting, excessive overtime demands, wage deductions, and workplace harassment. Despite clearly defined legal provisions for addressing such violations, the ministry often opts for prolonged negotiation processes, creating endless rounds of appointments. These delays impose significant economic and social hardships on workers, leaving them unable to sustain their fight for justice, a local labor advocate explained.
"These kinds of cases are piling up. Currently, there are at least five ongoing cases where employers could be penalized under the law, but the ministry has taken no action. Instead, they keep stalling by setting appointments months apart. Workers who are already struggling financially end up spending more on transportation to attend repeated meetings, only to face further delays. These workers are subjected to constant monitoring, even in their homes. Some cases drag on for over a year, until workers lose their patience and give up. The employers benefit from these tactics, while the workers are left worse off," the advocate added.
When workers organize protests or collective demands, the ministry acts swiftly—but to punish the workers, not the employers. Workers face immediate dismissals, blacklisting, or other punitive actions, highlighting the absence of justice for labor rights violations.
Among the five cases that have remained unresolved for over a year is one involving the HONG MIAO Garment Co., Ltd. Workers at this factory were accused of theft when they demanded severance pay after the factory's closure. Although police released the workers after determining there was no evidence of theft, the factory refused to pay severance, including long-service compensation and unpaid wages. This case, dating back to September 2023, remains unresolved.
"Actually, there was no theft—workers were falsely accused. They were detained at the police station but later released after police confirmed no wrongdoing. Even after being released, the factory withheld their severance pay. Workers were entitled to compensation for years of service and unpaid wages, but the case has been stalled since September 2023," said someone familiar with the case.
Another ongoing case involves workers from Light House Garment Factory, where employees with over 10 years of service complained of unfair treatment, including unpaid overtime for Sundays, denial of public holidays, and refusal to provide written employment contracts. Despite clear legal obligations to address these issues, the ministry has failed to take action, leaving workers in limbo.
A similar case involves Myanmar Jiale Fashion Garment Factory in Hlaing Thar Yar Township. Workers reported that deductions were made from their wages when the government provided subsidies, and they demanded a refund of these deductions. Despite the Ministry of Labour issuing orders for the factory to comply, the employer ignored these orders, and the ministry has yet to take enforcement action.
Another prolonged case concerns Kingsrich Myanmar Fashion Company Limited, where workers demanded payment of allowances promised during their interviews, such as hardship pay and daily food allowances. Workers also faced surveillance by police and other authorities, including visits to their homes and late-night arrests. Despite the intimidation, this case has dragged on for over a year without resolution.
"Some employers blatantly threaten workers, saying, 'Go ahead and file complaints; we can handle it with money. What can you do against us?' The ministry prolongs the process with unnecessary appointments, divides and pressures workers, and in the end, many workers give up and move on to other factories, leaving their grievances unresolved," said a labor advocate.
Workers facing labor rights violations find themselves entangled in prolonged legal battles with no resolutions. The ministry’s delays cause severe hardships, making it difficult for workers to sustain their fight for justice. As a result, many workers abandon their claims and accept losses. These unresolved grievances not only burden the workers but also embolden employers to continue exploitative practices.
