Employment Contract. U Thet Hnin Aung Central Executive Committee Members Myanmar Industry Craft & Services Trade Unions Federation (MICS TUsF)

Transcription

1 Employment Contract U Thet Hnin Aung Central Executive Committee Members Myanmar Industry Craft & Services Trade Unions Federation (MICS TUsF)

2 Why do we need the Employment Contract? To generate fair and good workplace environment To comply with the existing laws Not to appear the dangerous and insecure type of works To move from informal economy to formal economy To reduce the disputes between employers and workers To appear the works and life styles of human dignity

3 Employment Contract According to the Employment and Skills Development Law, the employment contract shall be made within 30 days form the date of hiring a worker. In the apprentice and probation periods, it is necessary to make the employment contract. It is not difficult to make the employment contracts for the new workers, but difficult for the workers who have already been employed.

4 Term of Employment Contract The term of the employment contract is usually two years. But, after the end of the contract term, there is no clarification whether a worker will be employed or not. Extension, amendment and supplement of the Contract If the workers do not violate the terms and conditions contained in the contract, the contract term may be extended one month in advance before the end of the contract through mutual agreements between employers and workers. But, the point that the workers are concerned is that if the employers do not agree with, nothing can be changed within the contract term If the employers violate the terms and conditions contained in the employment, they would dismiss workers through giving compensation

5 Leave days Under the law, employer shall provide the leave days for the workers. Due to employers calculate the leave days monthly in average (for example - employers provide one earned leave day per month), there are disputes arisen between employers and worker when the leave days are ended. Termination of Employment In terms of the employment termination, for they are weak to comply with the stipulated procedures, and dismissing the workers in easy way, workers are worried to make the employment contract with employers.

6 Resignation Without following the terms and conditions contained in the employment contract, as workers resign from their jobs, employers are facing with difficulties in carrying out their administrative processes. Duties of employers In the duties of employers, even though it mentioned that employers shall not dismiss workers without sound reasons, because there is no other effective actions taken upon employers for their failures to take their duties except trying to stop the dismissals, it is difficult for workers to make the contract.

7 Duties of workers In the duties of workers, the provisions are not clarified and practical. Moreover, due to the certain duties which may cause the disputes are stipulated, workers are worried, and employers are taking the actions upon workers as they assume that workers fail to take their duties For example - - Workers shall be faithful to the business, and will meet the needs the production target reasonably. - Workers shall avoid the manners, behaviors and functions which can affect the peaceful workplace and workplace place security. - Workers shall not interfere legal administrative activities of the employers.

8 Amendment and supplement of the terms and conditions of the contract No rights to amend the terms and conditions contained in the contract easily. Employers do not allow workers to amend the terms and contained in the contract which has been already made. There is no negotiation between employers and workers. Labour organizations are not recognized by employers.

9 General terms and conditions The terms and conditions which are difficult for workers to abide by, the terms and conditions which can affect the workplace and the terms and conditions which cannot affect the workplace are inserted unnecessarily in the general terms and conditions of the contract. Workers' concerns have become higher and higher as the terms and conditions which are not imposed before are now inserted.

10 Findings In terms of the employment contract, it is necessary to negotiate more and more between employers and workers. It is necessary to negotiate between employer's representatives and workers' representatives in the workplace to insert the factory regulations based on the nature of the factory business. Workers need to seek to understand more and more about the employment contract.

11 To reduce the loss and to increase qualified products It will come true with the warmly treatment of employers upon the workers.