Myanmar Labor News has reported 9 domestic and international labor news, 4 articles / interviews, and 31 news articles of 26 factories where domestic workers were violated in October.
Reports of violations against domestic workers in October included two abuses against pregnant women. Among these, Myanmar Yangon Richang Apparel Co,Ltd. (NISHO)’s violation of a garment pregnant worker is the worst.
Although Myanmar's labor laws stipulates specific words regarding the rights of pregnant women, but there are still violations.
Myanmar Yangon Richang Apparel Co,Ltd. (NISHO) failed to take a worker who was 7 months pregnant to the hospital when she was struggling to give birth, resulting in the death of the infant.
The incident happened on September 30th, and she asked the production manager for permission to give birth at since 10am, but she was not allowed to go back. Even though she was delivered to a lounge, the water broke out at 1:00 pm in the afternoon. After that, at 3 o'clock in the evening, the infant started to come out of the mother's womb, but at 4 o'clock in the evening that the infant died.
Since Myanmar Labor News reported this news on October 13th, it is clear that the factory has not taken responsibility for two weeks. In addition, as there were requests from victims, it is clear that the factory violated both ethics and law.
This factory is currently manufacturing brands such as JAVA, CIAOPANIC TYPY, HONEY SUCKLE ROSE, grove, AZUL BY MOUSSY, RODEO CROWNS WIDE BOWL, RIGHT ON၊ HanGTen, CANADA DUCK DOWN, H-ESSENTIAL, Fieldcore and Nano.
This happened to the point where a life was lost due to the close-minded administrative staff who were holding on to the illegal rules and regulations. Therefore, it is necessary to check whether the factory rules are in accordance with the law, and it is a case that should be careful for factories that are difficult to get a gate pass.
In a statement issued by the Ministry of Labor last July regarding the Bagu-based Kfine International Garment (Myanmar) Co., Ltd. garment factory, it states, "As it was found that maternity leave and social security benefits were provided to pregnant women, it is incorrect about forcing pregnant women to leave work."
But two complaints from factory workers sent to Myanmar Labor News in October included allegations of violations against pregnant workers. From supervisors to administration stuffs, interpreters and office stuffs which is related to the management involved in the violation of the pregnant workers.
There are also reports about the pregnant women who paid social security contributions are forced to resign from work, priority is not given to pregnant women in entry and existence, interpreters deprive ferry seats in parallel with pregnant women, appointing the pregnant workers to light work during complained that when the inspection team returned, the seat was taken back and the pregnant worker had to be stitched up to the original fabric standards.
In addition, the worker complained that all super Zimmer Myint asked her to submit a resignation letter saying, "You know that our factory does not accept pregnant women."
Last July, after the ministry took action against the Kfine factory for violations against the workers, some of the workers were fired and even made difficult to apply another job.
Although the current factory management has made changes, the workers are not satisfied with some of the factory rules. Both the Myanmar society and the international community have a practice of prioritizing pregnant women, and the welfare laws of Myanmar have been stipulated in specific words.
Another factory that was complained for not allowing leaves for more pregnant women is EVER SUNNY INDUSTRIAL COMPANY, a food manufacturing company. It is known that this factory hires workers through an agency. Therefore, some money is deducted from the wages for the agency every month and the workers said they are not allowed to any kind of leave. Figure – 1
- Labeled as absent and cut because of not getting leave
The labor law of Myanmar has defined the types of leave in detail. In addition, although it classified the workers as monthly salary workers, day laborers and tap service workers, it is stated that the rights of all workers must have equal rights.
However, some unethical individuals and those who don't understand the law and shape it as they see fit have suffered a lot for the workers. Employees are entitled to 6 days of casual leave and medical certificate within a year since they start to work. If they complete one year of service, they would get 10 days of service leave.
Almost 100% of garment factories in Myanmar usually pay yearly fee for this 10-day working leave. Some factories say that it is for seniority, but most of the factories say that it is a reward for the workers.
Anyway, the 10-day seniority leave for the workers has been replaced with money and many people don't get that leave anymore. Workers also have the right to refuse that if they wish. If the seniority is over, there are casual leaves and medical leaves. This is defined by law. As it is a casual leave, it can be only used in a year, and it is void if it has passed the next year. They can only get the casual leaves for the current year.
At present, workers do not get these rights. Most of the factories in Myanmar have set various levels to make it difficult to get laves. Some factories don't pay at all and some intimidates to lay off their jobs.
In this way, workers who do not get leave are considered absent. If the garment factory labeled a worker as absent, daily wage and attendance bonus are cut and some factories even cut grade bonus and lower grade levels. Some workers can be cut from 30,000 kyats to around 50,000 kyats per day if they are considered absent for a single day.
In October, there were 7 factories that are reported to Myanmar Labor News that there were violations related to leave.
Those factories are EVER SUNNY INDUSTRIAL COMPANY LTD from Shwe Thanlwin Industrial Zone. TONG YING HK (Garment) and Wonderful Apparel in Myaung Takar Industrial Zone, Jafon from Bago Industrial Zone, GOLDEN FASHION from Anawrahtar Industrial Zone, ALLAND FASHION LIMITED from Hlaing Thar Yar Industrial Zone and Myanmar Morning Flower Garment (MMF) from Shwe Lin Ban Industrial Zone. (Figure -2)
There are 4 factories reported in Myanmar Labor News because the workers complained that there were layoffs in October and how those happened.
From those factories, supers and all supers H&M brand manufacturing TONG YING HK (Garment) violent until the workers were fired without permission.
According to the rules of the factory, the workers called the supervisors to inform their leave, as well as through their colleges who were present in the factory. Due to the fact that it is not considered as a leave, the workers' rights daily wages, attendance bonus and the yearly fee replace for 10 days of seniority leaves were cut.
In this incident, due to the fact that the employee was considered absent, not only they lost the benefits but also the factory cut off the yearly fee replace for 10 days of seniority leaves. In addition, the workers said that they would be fired if they missed work for two consecutive days.
As these cases such as not allowing leave and firing are decided by line supers and all supers, workers told Myanmar Labor News that they were not allowed to meet with the factory management and they had lost their jobs.
SEN YU MYANMAR Garment Factory fired and rehired 3 months after hiring a new worker, as well as firing some permanent employees. The workers said that they were fired for not working overtime. As the female manager of the factory in Yangon's Shwe Lin Ban Industrial Zone is cheating the law and violating the workers protested in October, asking the owner of the factory to fire her.
Bago based KFINE INTERNATIONAL GARMENT, is complained because of the supers demanding much more fabric standards from the workers and descrininated those who did not meet the record by forcing to sign the warning. Due to this pressure, some workers complained that they were fired after having signed three warning tickets.
An official of the Myanmar Bestfortune Garment factory fired more than 50 workers by giving notice after writing on a social networking site that they were forced to work overtime.
At that factory in Shwe Pyi Thar Industrial Zone, Yangon, brands such as AMISU, CRAFT CLIQUE Springfield and LC WAIKIKI CLASSIC are being manufactured. The dismissed workers asked the WCC for help, but the members said they accepted the employer's decision without conducting negotiations.
The factory planned to lay off 26 workers on the assumption that they post online and with the reason that the orders were low. But because the whole machine line did not accept it, more than 50 workers from that machine line were fired.
As for the AMAVA APPAREL factory in Pathein Industrial Zone, it is reported that the labor union leader and members have layoff from the production line and reduced the workforce due to lack of garment orders. The workers said that the factory did not guarantee that the reduced workers would be rehired if regular orders were received. (Figure 3)
- Overtime violation
The most frequent violations in October were overtime calls. There were 12 violations, which is the highest number of violations compared to previous months.
Factories do not comply with laws and directives in forcing them to work overtime. Weaknesses in the law and wage settlement systems result in workers suffering from working overtime.
At present, garment factories in Myanmar pay wages with two systems. One is paying daily wages and the another is a tap-service card system. However, both of these systems are based on an 8-hour working day, and the law stipulates that overtime will be paid if the normal working hours are exceeded. There are no problems with the daily wages system, but the card system do have many.
There are problems such as forcing to work many hours without paying overtime in the card system and forcing to meet the fabric records just by paying the overtime fee.
According to the law, it must pay double overtime pay based on the number of working hours if there is overtime. In the current system of paying wages with card, the workers do not get double payment for one card, and have to work excessively overtime.
The factories that reported in October due to overtime violations are MAIYIBEI, SEN YU MYANMAR, BOHUA FASHION and Myanmar Yangon Richang Apparel Co,Ltd. (NISHO) from Shwe Lin Ban Industrial Zone, E&P Fashion ALLAND FASHION LIMITED and TOP CLASS from Hlaing Thar Yar Industrial Zone AMAVA APPAREL and NorthShore Myanmar from Pathein Industrial Zone, CHEUNG HING MYANMAR from War Ta Yar Industrial Zone, Wonderful Apparel from Myaung Takar Industrial Zone and GOLDEN FASHION from Anawrahtar Industrial Zone. All factories are garment factories.
The workers complained that there are violations such as no inquiry about workers' willingness to work overtime, no prior notice, forcing to work overtime and not paying wages, discriminations, excessive overtime, intimidating the rights and employment of workers who do not work overtime, laid off and unlimited overtime in the mentioned factories. In addition, there were all light all night overtime without providing ferry and also appoints to work overtime without a break the next days.
- Slanders in the factory
There are only five factories that have been reported for supervisors and officials are swearing in the factory, so it can be said that there is a decline. It cannot be said that there is a total decrease because it depends on the extent to which the participants in the incident tolerate the swearing. In order to avoid rude behaviors in the factory, it is necessary for factory owners and administrative officials to reform.
Myanmar Labor News is reporting that the victims who are being forced by swearing in the workplace is suffering from psychological and physical damage and can cost the decrease in productivity.
The factories that have slander in the factory are KFINE INTERNATIONAL GARMENT and Jafon from Bago Industrial Zone, NorthShore Myanmar and AMAVA APPAREL from Pathein Industrial Zone, ALLAND FASHION LIMITED and TOP CLASS from Hlaing Thar Yar Industrial Zones. Among these factories, the NorthShore Myanmar factory was the one that was complained about, not just slander, but physical abuse.
- Factories with more than one violation
Among the factories that workers complained about in October, there were 9 factories that had different kinds of violations, AMAVA APPAREL and ALLAND FASHION LIMITED violated three categories while factories such as OLD FASHION, TOP CLASS, NorthShore Myanmar, Wonderful Apparel, SEN YU MYANMAR TONG YING HK(Garment) and Jafon violated two.
- The presence of the brand
The brands which are manufactured in the factories that there were violations against the workers are Jichodo, Best Seller, Only, ZARA AMISU, CRAFT, CLIQUE, Springfield, LC WAIKIKI CLASSIC, H&M I PSY, GLAM BAG, kids, NKD, NEXT, CARTH, JAVA, CIAOPANIC TYPY, HONEY SUCKLE ROSE, grove, AZUL BY MOUSSY, RODEO CROWNS WIDE BOWL, RIGHT ON, HanGTen, CANADA DUCK DOWN, H-ESSENTIAL, Fieldcore, Nano, KIABI, TROLLKIDS, ELCORTE, MOORES, DUMRP, Dutmp, UNITED COLORS OF BENETTON, Sinsay, TERRANOVA, P&VV, house, xc, VAUDE, Schoffel, defacto, Balala, BLAKLADER and REGATTA PROFESSIONAL.
The brands that have been mentioned more than once as being manufactured by the factories that have been violating are Fieldcore, Sinsay ZARA and Only. They are mentioned twice. (Figure-4)
- What is WCC?
According to the Ministry's directive to form a WCC within the factory, many garment factories were followed during this period. However, due to the many illegal formations, many factory workers do not benefit from the formation of the committee and do not even know who the committee members are or what kind of organization they are.
In these times when trade unions can't active, the large number of yellow WCC organizations also cause more trouble for the workers instead of getting help. There is a survey upon the workers asking if there is WCC and if they know about it. (Figure 5)
- Review
In Myanmar Labor News’ October reports about the factory that there were violations against workers, cases of two factories which were closed, one factory where workers collectively demand and other workers issues involve.
In reviewing the reported news and the workers' statements, Myanmar Labour News analyze that the rights and benefits of the workers are violated as the factories’ administrative stuffs such as supervisors, all supers and interpreters are not being able to restraint the actions, working terms and conditions that are not in line with the law, acting beyond the law, allowed to do beyond the law and it has accepting traditional governance hierarchy although it is a world-class business, use the system of the payment of wages that the law have disadvantages.
MyanmarLabourNews
Research Team
By MinNiKyaw