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Unemployment Convention, 1919 (No. 2) - Myanmar (Ratification: 1921)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee therefore examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Measures to combat unemployment. Public employment agencies. In its 2014 comments, the Committee requested the Government to provide information on the impact of measures taken to combat unemployment in the country, including bilateral labour agreements with neighbouring countries. The Committee also invited the Government to indicate the steps taken to coordinate the operation of public and private employment services at the national scale (Article 2(2)). The Committee notes the Government’s indication that, to lower the national unemployment rate and increase GDP, the Ministry of Labour, Immigration and Population is systematically sending Myanmar workers to Thailand, Singapore, Malaysia, the Republic of Korea, and Japan through 293 registered overseas employment agencies, including one government overseas employment agency, in accordance with the 1999 Law Relating to Overseas Employment. The Ministry of Labour, Immigration and Population seeks to reutilize the workers’ skills, techniques and experiences acquired abroad. The Government adds that the Ministry is implementing the Five-Year National Plan of Action for the Management of International Labour Migration (2018 22). The Plan’s objectives include the empowerment and protection of Myanmar migrant workers, enhancement of the benefits of labour migration and improvement of labour migration governance and administration. The Committee notes that, from 1990 to July 2020, a total of 1,318,012 Myanmar workers were deployed abroad: 314,502 workers to Malaysia, 15,045 workers to Singapore, 915,980 workers to Thailand, 21,166 workers to Japan, and 46,604 workers to the Republic of Korea. The Government has signed Memoranda of Understanding with Thailand, the Republic of Korea and Japan and has appointed Labour Attachés in Thailand, Malaysia and the Republic of Korea to protect the rights of Myanmar migrant workers. The Committee further notes that in 2016, the Myanmar Overseas Employment Agencies Federation (MOEAF) developed a Code of Conduct, in collaboration with the ILO, establishing a Code Compliance and Monitoring Committee (CCMC) to monitor and review compliance with the Code. With respect to the public employment services, the Government indicates that, from April 2019 to July 2020, 1,771,944 jobseekers were registered with their respective Township Labour Exchange Offices around the country (these are public employment offices providing free services to job seekers and employers). A total of 373,654 job offers were notified by employers and 374,292 jobseekers obtained employment through the labour exchange offices. For jobseekers who live in areas where Labour Exchange Offices (LEOs) are not available, mobile teams from the LEOs visit these areas, register jobseekers, receive job offers from employers and organise job fairs throughout the country to enhance employment opportunities. The Committee notes that 23,499 job placements were made by these mobile teams. With respect to private employment agencies, the Government indicates that the Department of Labour is responsible for issuing licenses to private employment companies who provide free employment services to jobseekers. There are 102 licensed local employment agencies in Myanmar, which have placed 21,480 jobseekers in employment. In addition, the Department of Labour conducts job fairs across the country to promote access to employment opportunities. The Committee requests the Government to communicate detailed, updated information on the nature and impact of measures taken to combat unemployment, particularly with respect to measures targeting persons belonging to disadvantaged groups, such as young persons, older workers, persons with disabilities and women. It further requests the Government to provide information with respect to skills, techniques and experiences contributed by returning Myanmar migrant workers. The Committee once again recalls its 2010 General Survey concerning the employment instruments and invites the Government to contemplate the possibility of ratifying more recent instruments regarding the issues covered by this Convention, namely the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Government is requested to keep the Office informed of any developments in this regard.

COVID-19. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic on the implementation of the measures taken or contemplated to combat unemployment.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Measures taken to combat unemployment. The Committee notes the Government’s report received in August 2014 indicating that the Employment and Skill Development Law was enacted in August 2013 and that its rules are being drafted and will be issued in the near future. The Government further indicates that the Department of Labour is implementing the necessary measures for the labour market and workforce skill development to generate employment. In 2013, 1,115,405 jobseekers were registered in township labour exchange offices, which are free public employment offices; 417,951 job offers were notified by employers; and 417,678 jobseekers obtained employment through the public employment offices. Mobile teams also provide services to jobseekers living in areas not serviced by the employment offices, and 45,012 jobseekers obtained employment through such services. Moreover, an online Employment Exchange Management System is being established and will be launched to provide jobseekers with online access to employment opportunities. The Committee notes that there are 51 licenced private employment agencies in Myanmar. The Government indicates that these agencies cooperate with the public employment offices to reduce unemployment in the country. In 2013, 235,815 jobseekers obtained employment in private employment agencies. With respect to migrant workers, the Government indicates that the Myanmar Overseas Employment Agencies Federation was created in 2013 to assist Myanmar migrant workers and protect their rights. In reply to the previous observation, the Government indicates that about 103,292 Myanmar migrant workers have been dispatched to Thailand according to the Memorandum of Understanding between the two countries from 11 March 2010 to 31 July 2014, and more than 1.7 million Myanmar documented migrant workers are now working in Thailand. Moreover, labour attaches have been appointed in the Republic of Korea, Malaysia and Thailand to handle and monitor the deployment of Myanmar migrant workers. The Committee invites the Government to provide information on the impact of the measures taken to combat unemployment in the country, such as the bilateral employment agreements with other neighbouring countries (Article 1 of the Convention). It also invites the Government to describe the steps taken to coordinate the operation of public and private employment services (Article 2(2)). The Committee also refers to the 2010 General Survey concerning employment instruments and invites the Government and the social partners to contemplate ratifying more recent Conventions regarding the issues covered by Convention No. 2, that is, the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Advisory committees on the operation of free public employment agencies. The Committee notes the Government’s report received in August 2011 indicating that measures are being taken to enact the Employment and Skill Development Law in order to increase employment opportunities, maintain industrial peace and enhance the skill development of workers. The Government further reports that the Labour Organization Bill has been finalized. A draft of the said Bill was amended after discussions with the ILO Consultation Team in July 2011. In August 2011, the amended Bill was approved by a legislative body. The Government also indicates that more local employment opportunities are created due to the implementation of many infrastructure projects and the financing of large industries by foreign direct investment. Bilateral employment agreements have been signed with the Republic of Korea and Thailand containing measures aimed at reducing unemployment. The Committee reiterates its hope that the future legislation will enable the establishment of free and independent workers’ organizations for the purposes of consultation on the operation of free public employment agencies, as required by the Convention. It invites the Government to include in its next report information on the impact of the measures taken to combat unemployment in the country, such as the infrastructure projects implemented and the bilateral employment agreements with other neighbouring countries (Article 1 of the Convention).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Advisory committees on the operation of free public employment agencies. The Committee notes the Government’s report received in August 2009, including its replies to the 2006 observation. The Government reports that the Department of Labour provides a free employment service through its network of 77 township labour exchange offices, and that, also through these offices, the Department of Labour provides manpower supply services to industries and establishments in public, cooperative and private sectors. The Government adds that measures are being taken to review the existing labour laws, including those relating to unemployment. The Committee refers to its previous comments and reiterates its hope that the future legislation will ensure the establishment of free and independent workers’ organizations for the purposes of consultation on the operation of free public employment agencies, as required by the Convention. It asks the Government to specify the measures taken to combat unemployment in the country (Article 1 of the Convention).

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Advisory committees on the operation of free public employment agencies. Further to its previous observation, the Committee notes the information provided by the Government in September 2006 on the operation of the free public employment network under the Department of Labour. It recalls that, under Article 2, paragraph 1, of the Convention, “committees, which shall include representatives of employers and of workers, shall be appointed to advise on matters concerning the carrying on of these agencies”. In its report, the Government indicates that selection for employment for the public sector is controlled by public service organizations. For the cooperative sector and the private sector, selection for employment is managed by the employers concerned. The Government adds that the existing labour laws are submitted to the Laws Scrutiny Central Body for reviewing and amending. It further reports that, after the New State Constitution is promulgated, new labour laws will be adopted. The Committee refers to its previous comments and expresses the firm hope that the future legislation will ensure the establishment of free and independent workers’ organizations for the purposes of consultation on the operation of free public employment agencies, as required by the Convention. It further asks the Government to report on the measures taken to combat unemployment in the country (Article 1).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Advisory committees on the operation of free public employment agencies. In reply to the Committee’s previous comments, the Government indicates that a limited number of township labour offices have been established since 1946 under the provisions of the Employment and Training Act, 1950. The employment services have gradually been strengthened and enhanced. Seventy-seven township labour offices operated by the Department of Labour exist throughout the country providing services for job seekers and employers. The Government also indicates that according to section 3(2) of the Employment and Training Act, a high level human resources development committee has been established. Representatives of the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCC), as well as governmental officials, are members of the committee, which collaborates with the concerned organizations on matters related to the employment and skill development of workers. In this respect, the Committee expresses again its concern with regard to the lack of free and independent workers’ organizations in the country, as highlighted in its long-standing comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee therefore asks the Government to state how the committees appointed to advise on matters concerning the operation of a system of free public employment agencies are appointed and constituted and the method adopted for selecting representatives of employers and workers, as requested under Article 2, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Advisory committees on the operation of free public employment agencies. The Committee notes the practical data provided in the report received in August 2004 on the activities of the 78 Township Labour Offices operated by the Department of Labour. It again asks the Government to state how the committees referred to in Article 2, paragraph 1, of the Convention are appointed and constituted and the method adopted for selecting representatives of employers and workers.

[The Government is asked to reply in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s replies to the 2002 direct request indicating that any jobseeker can register at the network of 78 Township Labour Offices operated by the Department of Labour. Please indicate the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the Township Labour Offices.

Please also state in the next report how the committees referred to in Article 2, paragraph 1, of the Convention are appointed and constituted and the method adopted for selecting representatives of employers and workers.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s brief report. It would appreciate receiving information on any action taken to combat unemployment and on the operation of employment agencies (Articles 1 and 2 of the Convention). Please also give a general appreciation of the manner in which the Convention is applied in Myanmar including information on the practical application of the Convention (Part V of the report form).