WUHAN UNIVERSITY

SCHOOL OF LAW

Role of International Labour Organization in Myanmar

Full Name : LAET YIN WIN

Student ID : 2019271060022
Country : The Republic of the Union of Myanmar

December, 2020
Contents
Introduction
1. International Labour Organization ....................................................................................................... 4
1.1 Formation of International Labour Organization ............................................................................. 4
1.2 Background and Structure................................................................................................................ 5
1.3 Objection and Function of ILO ........................................................................................................ 5
1.4 ILO Standards Setting ...................................................................................................................... 6
2. The ILO in Myanmar ....................................................................................................................... 7
2.1 Background .................................................................................................................................. 7
2.2 Social protection situation in Myanmar ....................................................................................... 8
2.3 Myanmar Government priorities .................................................................................................. 9
Conclusion
Introduction
International Labour Organization is the specialized agency of the United Nations (UN),
dedicated to improving labour conditions and living standards throughout the world. ILO was
primarily concerned with legislative and research efforts, with defining and promoting proper
minimum standards of labour legislation for adoption by member states, and with arranging for
collaboration among workers, employers, government delegates and ILO professional staff.
Since 1948, Myanmar is the Member of the International Labour Organization and can
established the first Liaison office in Myanmar in 2002.Since 2010; Myanmar was change its
political system to way of Democracy and has made social protection a development priority.
Since 2011, the Government of Myanmar has requested ILO’s support for its legal reform
process, including assisting the Government to conduct a labour law review aimed for enhancing
in line with International Labour Standards.

1. International Labour Organization

1.1 Formation of International Labour Organization
The International Labour Organization (ILO) was created by the 1919 Peace Conference
that followed World War I. After the Second World War, the ILO became the first United
Nations specialized agency. ILO bodies consist of representatives of governments, employers
and workers from the 186 member states. 1 This structure allows the bodies to be a unique,
worldwide, tripartite forum for discussion of key social and labour issues. Its original
constitution, which formed part of the Treaty of Versailles, established it on 11 April 1919 as an
autonomous organization association with the League of Nations.
The International Labor Organization (ILO) is devoted to promoting social justice and
internationally recognized human and labour rights, pursuing its founding mission that labour
peace is essential to prosperity. Today, the ILO helps advance the creation of decent work and
the economic and working conditions that give working people and business people a stake in
lasting peace, prosperity and progress. 2
In 1946, the ILO became a specialized agency of the United Nations. Its unique tripartite
structure gives an equal voice to workers, employers and governments providing a unique
platform for promoting decent work for all women and men.

1
Evolution of International Labour Organization (London, 1966), pp.177-199
2
Mission and Impact of the ILO, see also https://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--
en/index.htm
1.2 Background and Structure
The International Labour Organization was founded on the key principle that lasting
peace can exist only in an environment where “social justice” can prevail. The International
Labour Organization Constitution further declared that workers should be guaranteed a
minimum standard of working conditions; that a permanent body should be created to ensure
international legislation to accomplish this; 3 and that the failure of any nation to adopt humane
conditions of labour is an obstacle in the way of the other nations that desire to improve the
conditions in their own countries.” 4
Since its establishment, the ILO has continually adapted its mission, tools and technical
capabilities to changing world needs, across wars, economic depression and globalization. ILO
monitors labour rights through assessment of country standards and provides technical
assistance.
The ILO has three main parts- the Conference, Governing Body and International Labour
Office. The Conference is the highest authority of the ILO and the representatives of the
member countries are held the annual gathering. Four representatives of each country – two
from government, one from labour and one from business attend the Conference. The
Conference sets the board ILO policies and serves as an international forum for discussing world
labour and social issues.
The Governing Body is the executive council of the ILO. It meets three times a year to
develop policy, draft convention and the budget, set the agenda and make recommendations that
the Conference votes on its annual meeting. International Labour Office is the executive
secretariat and operational headquarters of the ILO. The ILO office implements Governing Body
and Conference decisions, provides technical assistance programs, conduct research, maintains
databases, and publishes reports and studies. 5

1.3 Objection and Function of ILO

The 1998 ILO Declaration in Fundamental Principles and Rights at work was designated
to strengthen the ILO’s effectiveness. The Declaration laid down the following four fundamental
principles-
- Freedom of association and the effective recognition of the right to collective bargaining;
- Elimination of all forms of forced or compulsory labour;

3
Nobel Pease Prize Award Ceremony Speech delivered by Mrs. Aase Lionaes, Chairman of the Nobel Committee,
Norwegian Storting, 1969
4
ILO constitution
5
International Labour Organization (ILO): Background in Brief
 - The effective abolition of child labour, and
- Elimination of discrimination in respect of the employment and occupation. 6
The organization’s main aims are to promote rights at work, encourage decent
employment opportunities, enhance social protection and strengthen dialogue on work-related
issues. These aims are described in detail in the ILO’s four strategic objectives:
1. Promote and realise standards and fundamental principles and rights at work;
2. Create greater opportunities for women and men to decent employment and income;
3. Enhance the coverage and effectiveness of social protection for all;
4. Strengthen tripartism and social dialogue 7
These aims and objectives are implemented through:
1. Formulation of international policies and programmes to promote basic human rights,
improve working and living conditions, and enhance employment opportunities;
2. Creation of international labour standards backed by a unique system to supervise
their application;
3. An extensive programme of international technical cooperation formulated and
implemented in an active partnership with constituents, to help countries put these
policies into practice in an effective manner;
4. Training, education and research activities to help advance all of these efforts 8
The work of the ILO is to:
- promote employment rights
- set international labour standards
- encourage employment opportunities
- enhance social protection
- conduct extensive research and technical co-operation activities, including vocational
training and management development.

1.4 ILO Standards Setting

A central function of the Conference is to translate its policies and labour standards and
recommendations for member country consideration and possible ratification. ILO standars,
once ratified by countries, are legal instruments that set out basic principles and rights at work.

6
1998, ILO Declaration in Fundamental Principles and Rights at work
7
http://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm
8
International Labour Organisation, p. 5, http://www.ilo.org/wcmsp5/groups/public/--- dgreports/---dcomm/---
webdev/documents/publication/wcms_082361.pdf
They are drafted by the Governing Body, with tripartite input. They are approved by the
Conference by a two- third majority, under a process that typically takes about two years.
Standard are of two types- (1) conventions, (2) recommendation. Since 1919, the Conference
has adopted 189 conventions and 206 recommendations and 6 Protocols. 9

2. The ILO in Myanmar

2.1 Background
The Government of Myanmar joined the ILO in 1948. Its constituent employers’
organization, the UMFCCI, will also celebrate its centenary in 2019. Trade unions also have a
proud history in Myanmar, having spearheaded both the independence movement and
democracy struggle. They were banned under military rule from 1962, functioning largely in
exile, but since 2011 have been legal again.
The ILO’s engagement with Myanmar therefore continued throughout its long years of
military rule and international isolation. Actions taken at the International Labour Conference
culminated in 1998 in the appointment of a Commission of Inquiry under Article 26 of the ILO
Constitution found widespread and systematic use of forced labour. The Commission of Inquiry
report in turn led to the ILO adopting in 2000 special measures on Myanmar under Article 33 of
the Constitution which remain unprecedented to this day.
The ILO first established its Liaison Office in Myanmar in 2002 under an Understanding
between the Government of the Union of Myanmar and the International Labour Office. The
main role of the Liaison Officer was to support efforts for the elimination of forced labour in the
country and implement strategies to address its root causes.
In February 2007, a Supplementary Understanding was also signed between the
Government of the Union of Myanmar and the ILO to provide a complaint mechanism enabling
victims of forced labour to seek redress. 10
The DWCP targets the following priority areas:
- To generate employment and decent work as well as sustainable entrepreneurship
opportunities to all, including for vulnerable populations affected by conflict and
disaster;
- To strengthen the application of Fundamental Principles and Rights at Work through
improved labour market governance. The ILO’s long-standing work for the
elimination of forced labour will remain a core component of the plan;

9
International Labour Standards: Rules of the Game for the Global Economy, pp 20
10
Supplementary Understanding between the Government of Myanmar and the International Labour Office, and
th
Other associated document, 19 March 2002
 - To progressively extend social protection coverage especially for vulnerable workers
and populations, and develop a comprehensive national system for occupational
safety and health. 11
Throughout the years, the ILO’s role has been pivotal in Myanmar’s emergence from
decades of isolation and military rule by supporting wider processes of democratization,
freedom of association and good governance in the labour market. Furthermore, the ILO has
also been playing an important role in supporting ongoing peace efforts through developing
employment initiatives in conflict affected areas, which are essential for national reconciliation,
poverty alleviation and social stability. The ILO Liaison Office in Myanmar reports regularly to
the ILO Governing Body on its work in the country, including progress in the elimination of
forced labour.

2.2 Social protection situation in Myanmar

It is estimated that 98% of the population in Myanmar does not have access to adequate
social protection (2019). The Social Security Law (2012) covers all social protection branches,
however only five have at least one national programme currently implemented: work injury,
child and family, and health insurance including sickness and maternity. These benefits are only
currently available to a small but growing formal sector, and are administered by the Social
Security Board (SSB).
Since 2012, the Government of Myanmar has made social protection a development
priority. With the support of the ILO, the Government adopted a National Social Protection
Strategic Plan in December 2014. The Plan aims to:
‘Improve existing social security schemes for the growing formal sector.’
Create universal schemes to guarantee minimum protection to all, especially vulnerable
people and the informal economy. The government of Myanmar introduced and extended
emergency social protection measures to alleviate pressure on workers, including through
sickness cash benefits for insured workers who had to quarantine, and providing free medical
treatment for dismissed workers in some sectors. The emergency measures were financed
through the reserves of the SSB, which could negatively affect the financial future of their
regular contributory schemes.

11
ILO Decent Work Country, Programme, A Practical Guidebook, Version 4
2.3 Myanmar Government priorities
Social protection has been a development priority of the government of Myanmar since
2012. The current priorities of the National Social Protection Strategic Plan include: Achieving
universal health coverage by 2030.
Implementing a universal pension scheme and a maternity and child cash transfer at
national level, measures decided upon following an ILO-supported Assessment Based National
Ddialogue (ABND).
Myanmar is currently undergoing rapid transformation. It is opening up to the
international community and consolidating democratic governance and the rule of law. As part
of its overall reform programme, the Government has been drafting and amending labour
legislation to reflect the new environment and with the intention of complying with International
Labour Standards. The legal environment in Myanmar is changing rapidly with many draft laws
currently under review and at various stages of the legislative process with various parts of the
Government.
Since 2011, the Government of Myanmar has requested ILO’s support for its legal
reform process, including assisting the Government to conduct a labour law review aimed for
enhancing in line with International Labour Standards. The legal framework regulating
employment in Myanmar is found in a variety of different Laws and Rules enacted since the
Colonies time. The ILO team was reviewed the following Laws, Rules and Regulations and
Notification which are enforced in Myanmar.
The Employment relationship in Myanmar is governed by contract. The Employer and
Employee are signed the Employment Contract within 30 days after the employer served for any
job. The fundamental terms and conditions of employment contracts are-
- Type of employment;
- Wage/ salary, including information for piece rate and temporary work;
- Location and contact information for employment location;
- Working hours and overtime hours;
- Day off, holidays and leave;
- Medical treatment;
- Internal regulations to be followed by the employees,
- Terms for resignation or termination of service,
- Responsibility of employer and employee
- Term of contract for employment 12

12
Employment Contract and Policy in Myanmar
 Moreover, the worker accommodation, uniform, employee skill development training, if
employer participates 13, are include in some employment contract.
The Myanmar Government has published an Employment Contract template 14 under
Rule 14 of the Employment Skills and Development Rules, which contains all of the terms and
conditions, that the Government envisions might need to be included in an employment
agreement. The terms and conditions provided under Rule 14 are examples, and are not binding
on current or future contracts excluded in compliance with this Rule. The Rule 14 Employment
Contract should be thought of as a helpful guide for drafting Employment Contracts, and
township labour offices will look for employment contracts to follow the same format.
Employers must employed women and men with disabilities 15 to the Job that are
appropriate for their abilities and capacities and in accordance with the quota specified by the
National Committee on the Rights of the Disabled People. Myanmar confirmed its commitment
to addressing child labour by ratifying the International Labour Organization (ILO) Minimum
Age Convention on 8 June, just ahead of the World Day Against Child Labour on 12 June. The
development has been heralded as a positive development.
The Minimum Age Convention 138 requires countries to set a minimum age aligned
with the end of compulsory education and under which no one shall be admitted to work in any
occupation except light work and artistic performances. It also prohibits hazardous activities for
anyone under 18 years old. In Myanmar, the minimum working age is 14 years old, as per the
new Child Rights Law and existing Labour Law. The Convention also requires countries to
establish national policies for the elimination of child labour.

Conclusion
The ILO first established its Liaison Office in Myanmar in 2002 under an Understanding
between the Government of the Union of Myanmar and the International Labour Office. The
main role of the Liaison Officer was to support efforts for the elimination of forced labour in the
country and implement strategies to address its root causes.

13
The Employment Skills and Development Law establishes an Employee Skill and Development training program
and school to which employers may contribute funds and send employees for training and capacity building. This
section of the Law if not in force at the time of publication of this Guide, and this is separate from the pre-
employment training period described above. The employer will carry the cost of additional training under the
ESD.
14 th
Notification – 140/2017 of Ministry of Labour, 28 Augest 2017
15
The Right of the Persons with Disabilities Law (2015), Section 2 (a)
 In February 2007 a Supplementary Understanding was also signed between the
Government of the Union of Myanmar and the ILO to provide acomplaints mechanism enabling
victims of forced labour to seek redress.
Since June 2012, ILO’s mandate in Myanmar has broadened to encompass the full range
of the decent work agenda. In September 2018, the ILO signed its first Decent Work Country
Program (DWCP) for Myanmar with the Government, employers and workers organizations.
The DWCP was developed on a tripartite basis signals priority areas for ILO technical support
and plays a key role in assisting Myanmar to meet its commitments to the Sustainable
Development Goals (SDGs) before 2030.
.