Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry) and 14 (weekly rest in inudstry) together.

1.Hours of work.

Articles 1 and 2 of Convention No. 1. Implementing legislation – Scope of application. Following its previous comments, the Committee notes the 2016 amendment to the Factories Act of 1951. It notes that, while under section 2(m) as amended in 2016, a higher number of industrial workers is included in the scope of application of the Factories Act than in its previous version, there are still workers covered by the Convention who are excluded from the scope of application of the Factories Act. The Committee also notes that in its report, the Government does not indicate which legal provisions regulate the hours of work of workers working in factories that are currently excluded from the scope of application of the Factories Act. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the requirements of the Convention are applied to all categories of workers included in its scope of application. It requests the Government to provide a copy of the consolidated text (with all amendments) of the Factories Act as well as the text of any other relevant law, if such law exists.

Articles 2 and 6 (2). Limits to normal hours of work. Limits to overtime. The Committee notes that, in response to the observations of the International Trade Union Confederation that workers in the Hlaing Thar Yar industrial zone often have to work far longer hours than legally permitted, the Government merely indicates that sections 59 and 62 of Factories Act, as amended in 2016, provide that no adult worker shall be required or allowed to work in a factory for more than 44 hours in a week and 8 hours in a day. In this respect, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the limits on normal hours of work currently laid down in the legislation are effectively applied in practice.

In addition, the Committee notes that section 70 (2) (a), (b), (c), (d), (f) and (g) and section 71(2) of the Factories Act provide for temporary and permanent exceptions to weekly and daily working hours’ limits (sections 59 and 62 of the Factories Act). It also notes that section 70(4) and (5) of the Factories Act provides that, in making rules under this section, the President shall prescribe the maximum limits for the weekly hours of work for all classes of workers, and that any exemption given shall be subject to such limits. Noting that the Government has not communicated any regulations concerning limits to overtime, the Committee requests the Government to indicate which are the limits to the additional hours allowed in the cases of these exceptions. It also requests the Government to provide a copy of the regulations adopted under section 70(4) and (5) of the Factories Act.

2.Weekly rest.

Article 2(1) of Convention No. 14. Implementing legislation – Scope of application. The Committee refers to its comments on the scope of application of the Factories Act made under the equivalent provision of Convention No. 1.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory periods. The Committee notes that under sections 61(1) of the Factories Act and section 32(1) of the Oil Fields (Labour and Welfare) Act, where workers are deprived of any of their weekly holiday, they shall be allowed within the calendar month in which the rest periods were due to them, or within the two calendar months next after that month, substituted holidays equal to the number of holidays so lost. The Committee wishes to recall, in this respect, that, according to the spirit of the Convention, workers should enjoy a minimum period of rest and leisure at regular weekly, or, in any event, reasonably short, intervals. In this connection, it refers to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to re-examine the appropriateness of granting accumulated weekly rest – even on an exceptional basis – once every three months and consider the possibility of amending the relevant provision of the Factories Act and the Oil Fields (Labour and Welfare) Act accordingly.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 2 of the Convention. Implementing legislation – Scope of application. The Committee again requests the Government to specify the legal provisions regulating hours of work in those factories that are currently excluded from the scope of application of the Factories Act, that is, factories using power and employing less than ten workers and factories not using power and employing less than 20 workers. In addition, the Committee notes the Government’s indication that the existing labour laws on hours of work and weekly rest are being reviewed and amended to fully comply with relevant ILO standards. The Committee requests the Government to keep the Office informed of the ongoing law reform process, and to transmit copies of any revised laws or regulations once they have been adopted.

Moreover, the Committee notes the comments of the International Trade Union Confederation (ITUC) dated 31 August 2013 concerning the application of the Convention. The ITUC alleges that the Government has not yet taken action to address the concerns raised by the ILO Committee of Experts about provisions of the Factories Act, 1951, which may be in contravention of the Convention. More concretely, the ITUC indicates that, in August 2013, it interviewed workers from a dozen factories in the Hlaing Thar Yar industrial zone outside of Yangon and that the information so collected suggests that workers are frequently required to work far longer than the number of hours permitted legally. The Committee requests the Government to transmit any comments it may wish to make in response to the comments of the ITUC.

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

Article 1 of the Convention. Scope of application. The Committee requests the Government to refer to its comments made under Article 1 of the Hours of Work (Industry) Convention, 1919 (No. 1).

Articles 4 and 6. Total or partial exceptions. The Committee notes that section 60 of the Factories Act, 1951, establishes that the weekly rest day is normally granted on a Sunday. However, this provision allows employers to oblige employees to work on a Sunday, provided that the labour inspector is informed and the workers are not employed for more than ten consecutive days without a full day of holiday. The Committee would be grateful if the Government would provide the recent information available to it, based on the reports of the labour inspection services, on the frequency and extent of work on Sundays in factories. The Committee also notes that section 70(2) of the Factories Act envisages the adoption of rules exempting certain categories of workers from the provisions relating to the weekly rest period. It further notes that section 71(2) of the Act allows the exemption of any or all of the adult workers in any factory, group or class of factories from these provisions to enable the factory or factories to deal with exceptional pressure of work. It observes that, in both of these cases, section 61 of the Factories Act requires the granting of a compensatory rest period to the workers concerned. The Committee requests the Government to provide copies of any rules which have been adopted under section 70(2) of the Factories Act. It would also be grateful if the Government would provide the statistical information available to it on the number of exemptions granted under the terms of section 71(2) of the Factories Act, the number of workers concerned and the periods during which these exemptions are applied.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government on the number of inspection visits carried out. It requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services and, if such statistics are available, information concerning the number of workers in industry covered by the legislation respecting the weekly rest period, the number and nature of contraventions reported and the measures taken to resolve them.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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

Article 1 of the Convention. Scope of application. The Committee notes that, under the terms of section 2(m), the Factories Act, 1951, only applies to premises whereon ten or more workers are working with the aid of power, or whereon 20 workers are working without the aid of power. It requests the Government to provide copies of the legal provisions that are currently in force governing working time (hours of work and rest periods) in factories in which the number of workers is below these thresholds. The Government is also requested to provide a copy of the Oil Fields (Labour and Welfare) Act, 1951, to which it refers in its report. The Committee further notes that the Myanmar Mines Law, 1994, also referred to by the Government in its report, provides in section 13 that the holder of an operation permit shall comply with the rules prescribed under this Law in respect of, among other matters, hours of work. It requests the Government to indicate whether provisions regulating hours of work in mines have been adopted under section 39 of the Myanmar Mines Law and, if so, to provide copies. Finally, the Committee draws the Government’s attention to the fact that the Convention also applies to undertakings engaged in the generation, transformation and transmission of electricity or motive power of any kind (Article 1(1)(b), of the Convention); construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, canal, road, telephonic installation, electrical undertaking, gas work, water work (Article 1(1)(c)); and to the transport of passengers or goods by road or rail (Article 1(1)(d)). It requests the Government to provide copies of the legal provisions in force governing working time (hours of work and rest periods) in these various categories of undertakings.

The Committee also notes the Government’s indications that, on the one hand, the new State Constitution contains provisions on hours of work, weekly rest and holidays and, on the other, that the process of reviewing the labour legislation has started. It requests the Government to keep the Office informed of the progress made in the process of reviewing the labour legislation.

Article 6. Permanent and temporary exceptions. The Committee notes that section 70(2) of the Factories Act envisages the adoption of orders exempting certain categories of workers from the provisions on daily and weekly hours of work. It also notes that section 71(2) of the Act allows the exemption of any or all of the adult workers in any factory, group or class of factories from these provisions to enable the factory or factories to deal with exceptional pressure of work. It notes that in both cases the maximum limits of hours of work have to be determined and that overtime hours have to be paid at the rate of twice the ordinary rate of wages. The Committee requests the Government to provide a copy of any orders that have been adopted under section 70(2) of the Factories Act. It would also be grateful if the Government would provide the statistical data available to it on the number of exceptions granted under section 71(2) of the Factories Act, the number of workers concerned, the maximum hours of work applicable in these cases and the periods during which these exceptions are applied.

Part VI of the report form. Application in practice. The Committee notes the information provided by the Government concerning the number of inspections and the resulting benefits for the workers concerned. It requests the Government to continue providing general information on the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services and, if such statistics are available, information concerning the number of workers in the industrial sector protected by the relevant legislation, the number and nature of the contraventions reported and the measures taken to resolve them.