(1)

" I'm very grateful to receive this. I was so happy as I got it among many people with difficulties. My tears, which used to fall every day, have also stopped now. The first one paid off my debts. Another one would be my capital. I don't have to continue working in the unfair factory. 9 months after burning, I took a break for 9 months. I can’t apply in any factory during that period. There was no factory that would hire me.  If I would receive for that period too, I'd be very happy," Ma Wah continued.

“If I recall the history, the abbreviation council never stood with the workers, but with the employers. They decided with only a fact that the factory could not continue as the employer could not make further investment. He would bankrupt if he could not invest anymore. Not bankrupting means that he can continue to run the factory. Furthermore, he has 2 more factories like this. Solamoda is not a small factory. They operates in China with a big group. It’s a big company with more factories in other countries too. However, I don't know what they are calculating based on. I pressure the employers to find the justice in other ways as the decision was not fair to the workers. I asked for it according to Burmese law. If I did it according to international law, it would be the last issued salary including overtime,” said a labor activist, Solidarity of Trade Unions Myanmar, (STUM) official.

The officials of the Solamoda 2 also known as Solamoda(Myanmar Sun View Garment) Garment Factory, from Daw Phwar Shin Street in Shwe Pytha Industrial Zone, which was ravaged by fire on March 14, 2021, did not make any announcements about the conditions of the factory, closure and the payment of wages.

Regardless of the cause of the fire, officials at the garment factory with a workforce of over 1,200 workers failed to consider paying the remaining wages and livelihood of the workers, and to release updates. GU, Uniqlo, Best Seller and other brands are manufactured in that factory.

There were reports that materials from the factory were being transported and moved in containers

even before the fire.

“The workers of the factory said that they carried a lot of materials, and it was a very complicate issue. They asked if the factory was reopened, the answer a no and they couldn't contact them," said the labor activist.

All workers have not received the 16 days' wages they worked before the fire starts that day. As for the workers, they want to know clearly whether the factory should be reopened to issue their remaining 16 days of wages, and they sought and mailed inquiries to the officials to pay interim wages for the period of the factory closure and to compensate the workers according to their seniority if the factory is closed too.

"Total 18 of supers, all supers and line leaders sent messages to HR and I went to the house as she didn't pick up the phone. And we have reported to the Workplace and Labor Inspection Department too." said the supporter from the STUM group.

Only 1,068 workers can be connected among the 1,200 workers to pay those wages for 16 days.

(2) 

33 years old Ma Wah (Pseudonym) worked as a garment worker at Solamoda-2.

She started working as a garment worker at the age of 16, and has worked as a garment worker for more than half of her life, but now garment factories are refusing to hire her because of her age.

"I started working since the factory started to open. At that time, I was about 25 years old. After 2 years, I quit my job as I was pregnant for 2 years. I left on my own accord, so I was not entitled to any damages," Ma Wah recalled.

After her child was born and reached 1 and a half years old, she returned to work at Solamoda-2.

At that time, she was not aware of the social security benefits and the rights of a pregnant woman, so she reluctantly decided to quit from the factory.

The custom where married female workers often leave work when they are pregnant is one of the difficulties faced by female workers in Myanmar. She decided to quit her job out of concern that she would not be able to do the same as others as she did not know about the workplace rights every pregnant worker should entitle to. 

In Myanmar's labor law, it is stipulated that pregnant workers should asked to do light tasks instead of being forced to do heavy ones and in addition to maternity leaves, including casual and medical leave they should be given better rights by the employer.

"When I quit my job while on pregnant, I didn't get any benefits. I had a social security card, but I didn't know how to apply for social security. I didn’t know it while I got pregnant for my second child too. The factory didn't inform me. I thought I would only get 1 or 2 months leave only if I was nearly giving a birth. I thoughts those benefits are entitled only if we are working. I don't know that I would still get the allowances while taking a time off. Most of us think that we are not entitled to social security benefits if we quit from the factory," Ma Wah shared her experience.

It was only convenient when I got 150,000 kyats allowance from “Myan Ku” and savings of 100,000 kyats. I was able to get the hepatics B vaccine. Otherwise, I wouldn't be able to get out of debt. The loan is multiple of 2o. 20,000 kyats interest a month for a loan of 100,000 kyats, but if I take on loan of 30,000 kyats from “Mat Toe”, I have to pay 6,000 a day until it's paid off," she said.

She was a skilled worker who became unemployed after the fire at the Solamoda-2 factory and had to work as a day laborer at other factories.

"They didn’t hire me if I mentioned that I am the old employe of Solamoda. I don't even dare to say the name of the factory where I worked. The jobs are only paid per day. They issued the salary every week. They fire me, if there are no more orders. I usually got to work only 3 months,” she said.

In some factories, she only get paid 3,600 kyats per day as a day labor and got paid weekly. And she also faced the times that she only had to work around 2 weeks.

The conditions of Solamoda factory, where Mawa worked, was not known after the fire on March 14, so they waited like other workers for the remaining wages to be paid during the hard time.

"I can't even eat fried sweet potato leaves. A bunch of sweet potato leaves is 700 kyats. I have to fry about 2 bunches for a family’s meal. There, we can have 2 meals if I make other vegetables in the gravy style. I spend 2,000 kyats to buy seafoods instead of buying fish and meats that would cost 5,000 kyats. I usually spend the rest to buy chili, onion and salt to save the expenses,” she explained her livelihoods condition.  

While waiting for the reopening date of the factory where she worked before, she struggled solving the livelihood by working as a day laborer and selling goods. When she couldn't pay the rent any longer, she went to a relative's house by asking for help to seek a shelter.

Currently, she, who is over 30 years old and not easy to apply for a job in other garment factories, is trying to find a way to raise her children and the livelihood.

The conditions of the workers who worked until the factory burn downed were suffering badly, some of them have passed away, some migrated to abroad and some having difficult livelihood conditions to survive.

If the officials of the factory, who turned a blind eye about the sudden stoppage of the business and the remaining wages, had made a statement, the workers would have been able to make a clear decision on what to do next. This was also seen as an act of a foreign investment group that was not prepared for future disasters.

Although it was easy for the skilled workers to find a job in other factories, but the young workers with few experiences and those who are in their 30s faced difficulties to apply for a job due to the shutdown of the factory and employers refuse to hire them as a former Solamoda factory worker.

"About 33 percent of them are no longer in the workplace," said a STUM official who helped to contact those workers.

Solamoda Group is one of the largest garment conglomerates in China and still operates 2 more factories in Hlaing Thar Yar Industrial Zone and Bago Industrial Zone in Myanmar.

Myanmar’s labor laws clearly stated that the foreign investors must consider the rights of the labors if they are to operate businesses in the country and must deal with the responsibilities if they close down the businesses. 

(3)

Ma Thi Thi (Synonym)  who started working at the Solamoda factory in 2016, worked as a clerk and later assigned as a leader.

She was working in the factory until the fire.

"When the coup d'état took place, I protested the same others. They said they will fire if we took leave for 3 days, so we took 2 days off to protest and work 1 day. Later, some workers are called back by their parents back, and then we asked the factory to close for 10 days. We just protested inside the factory and negotiated. After that, they said they would give them 7 days off but not 10 days. After 4 days, those who would like to work go back to the workplace while the others continue to take all 7 days off. We agree not to force those who want to work. Only the important departments work. The incident took place on the Sunday afternoon,” she explained the condition when the fire took place in the factory.

As she became unemployment after the factory burnt down, she started to work as a day laborer, but she only had to work few days due to her age.

" I didn't have to worry as I have a job in the past. Now as I'm over 30, I can't get a job anymore," she said, who worked as a leader at Solamoda.

She, a skilled worker, worked as a helper at a factory in the War Ta Yar Industrial Zone, and later, she participated in demanding the remaining wages from the Solamoda factory.

She said that the Solamoda factory where she worked had 2 other sub-factories running, and the factory refuse to hire the old workers when there was a need for workers in those sub-factories so she participated among 1,200 workers for the unfair conditions.

"In May 2021, more than 100 positions are opened in the No.1 factory but not a single one from the No.2 was hired. Other factories don’t hire either. So, we had to apply for jobs without mentioning the name. They blame the workers for the incident. I think it's unfair as it was occurred by other actions that we didn’t involve," she commented.

She joined with labor advocates to demand the remaining wages of more than 1,200 workers and the rights they would be entitled to under labor laws if the factory is to close down permanently.

While contacting more than 1,000 workers to be got paid of their wages, she witnessed people who are drowning in debt, who had been trafficked to abroad, who died during birth, who are internally displacing and those who are struggling to survive.

(4) 

On January 1, 2022, more than 9 months after the fire, the factory announced that it would pay the remaining wages to the workers. This is the first official response from the factory.

Regarding whether or not to reopen the factory, they negotiated three times through Shwe Pyi Thar Township employer-labor dispute mediation, and the officials replied that the factory would be closed.

"They said that the factory will be closed down on December 27, 2021," said the labor activist.

After that, Solidarity of Trade Unions Myanmar STUM and the workers of Solarmoda-2 demanded to get the rights they deserve under the labor law. They started asking for workers' rights, such as notice fees, damages according to the service if the factory is closing down, and compensation for the period until the day the factory is announced to be closed.

The workers' request was rejected by the factory officials. At that time, when they went to the labor dispute resolution mechanism, they decided that there was no need to pay damages.

"We consider we should ask for notice fee because they should announce at the end of the month that the factory is not going to continue to operate if the fire was burnt on the 14th. Now is not like that. They said that they will notify us if the factory opens so everyone waiting for it to open, so if it closes down, they must pay a notice fee. Our demand is in accordance with the Myanmar Burmese law. There is a saying of No Work No Pay in the world of workers. If a worker does not work today, they do not get anything. That is why those who quit their job deserve to get paid severances. Another thing is interim compensation. They delayed notifying the workers. The workers contacted them and asked. As the worker can be fired if he does not work, he should get paid damages too when the employer is unable to maintain to operate the business," said the STUM official.

He said that evidence of able to pay workers’ salaries up to 3 months depending whether the circumstances if foreign investment is to be made in Myanmar.

The decision of the arbitration council was that the workers must be paid half a month's social care allowance.

"We have decided that this is not fair. We will continue to fight for justice. We welcome anyone who will work with us. This journey is tough. We have to put in a lot of time and effort and the workers participated," said the person who helped.

As the factory closed, the workers started the Pay Your Workers campaign, sending letters to international groups to get their rights under Myanmar's labor law, expressing workers' voices, pressuring garment brands.

The workers request to pay one month notice fee to inform the close down of the factory, damages according to the services, interim wages since the factory stopped until it closed down.

After that, the campaigning workers also faced criticism saying that it is impossible to ask for interim compensation and notice fee is not required.

‘Brand’s side came to inquire during the interim period. WRC is accessing continuously and it pressured the brand. For us we continuously campaign a campaign of CCC called Pay Your Workers.

At the end of 2022, a representative from the Chinese side came to meet with the workers and aid providers and reached a settlement on some issues.

3 meetings were held.

“I am very happy to receive the damages. Its more than 6 lakhs and I lost some worriment as I can pay my loans with this. I was eating a meal per day as I have to pay many multiples.  As I have paid half of my loans with the damages, I can re-eat 3 meals per day now,” said Ma Wah.

The labor supporter said that although they did not receive all of the 3-point compensation requested by the workers, they did receive some compensation, and this was due to the workers' tenacious participation.

It can be called a victory as the workers who were ignored although they requested to be submitted to the arbitration council, which is the highest mechanism for resolving employer-labor disputes according to the labor law, succeeded in fighting through pressure through international organizations.

"We follow the process of the council only because we just want to know how would they decide. Dealing with only brand’s pressure, cannot condone the actions of the council. In the case of arbitration, it was decided that there is no need to pay compensation. The half-monthly fees of the council is also in the name of social care fee,” said a supporter.

It considers that the arbitration council's decision to pay social care fees in the claim of workers' rights and damages is a way of treating the lives of workers as inferior and pitiable and dehumanizing them.

It was also recorded that the factory manager and HR only stood on the side of the entrepreneur in the demand involving the garment workers and the supers, leaders and all supers.

"HR and managers are also Burmese and they don’t immediately counter react the employer.  We went to take a campaign picture in front of the burned down factory with about 10 people. As it was under martial law, we only had to take 3 pictures. The patrol team came and stopped us and told us that we had to follow to the police station. There are informers who inform immediately in such cases. But they never have any data if the workers sent a massage or ask them the opening hours. They can access to the information if they want to and can’t access if they do not want to. They didn’t give the worker lists when we asked for it although they could give it. They gave us a hard time. They are acting like the social security’s money is given by them. They hide the real situation and sided with the employer as it was given by MyanKu,” the supporter gave a comment.

This is the situation following the closure of the solarmoda factory that was damaged by fire after the military coup in Myanmar.

The labor group that helped the workers of Solamoda-2 and fought together was among the 16 groups declared illegal by the military council. So, they also faced threats of oppression and ridicule, but it was worth it as the workers trusted and showed their equality with the employers, the helper said happily.

"We were united with the belief that we will go to the end. We endured and endured, so we came out with one single voice to get the 3 demands. We came out with one single voice in the council that was not accepting the title of social care fee, so we succeeded," she said. 

Both the campaigned workers and supporters endured difficulties, obstacles and threats. Finally, they were able to cross the thorny road.

(5)

“I am grateful for those who are having difficulties, elderly singles and kinless got paid. I will continue to collaborate. I decided to improve the factory workers and women’s rights due to this issue. Through our whole career we didn’t get to know what is labor law and its office process until the factory burnt down and we got to the outside world. We didn’t know that we can report so that we are waiting with a hope that the factory would reopen one day. But while I started to put my footprints into the labor affairs sectors, I feel satisfy upon the fact that we achieve success step by step,” said Ma Thi Thi who actively involved. 

She said that she wants to improve the lives of workers as they do not understand the laws and being exploited by the officials in the workplaces and working with fear.

‘The workers are being intimidated daily as they do not know the labor law. So, they believe if the employers intimidate them upon overtime and leaves. They are not dare to complaint if they are cut for 10,000 and 20,000 kyats. They were not dare to refuse to work overtime when they don’t met their hourly targets. After knowing the law, they found out that they can refuse to work and the grade bonus can’t be reduced although the issue may not reach to the offices. These are some changes I noticed,”  she said.

“I would like to thank the international organizations and brand officials who have helped us resolve issues with the Solarmoda factory side,” she said.

For Ma Thi Thi, she is waiting with the hope to receive the remaining compensation along with more than 1,000 other workers.

Regarding this process, it highlights the need to work responsibly as the situation of industrial zone workers who are part of international investment projects faced various difficulties if operations stopped.

Solar Moda workers have proven that there are labor right violations by taking advantage of the lack of rule after the coup, ignoring the labor rights by turning a blind eye towards to labor laws in act, exploiting the labor by not paying and there is an urgent need to address responsibility and accountability for business closure.

"What I want to say is that we work on a labor issue until we feel that justice is achieced, so we need the participation of the workers until the end. It will take time. But we will not stop," said the helper from the STUM group.

Su Lat Phyu