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The views expressed in this presentation are the views of the

author and do not necessarily reflect the views or policies of the


Asian Development Bank Institute (ADBI), the Asian Development
Bank (ADB), its Board of Directors, or the governments they
represent. ADBI does not guarantee the accuracy of the data
included in this paper and accepts no responsibility for any
consequences of their use. Terminology used may not necessarily
be consistent with ADB official terms.

Enhancing Future Labour


Cooperation

6-Jan-2017

1
Our Ministry is taking the measure

Facilitate the protection of working peoples rights

Secure the social voice

Create the sound labour condition

Strengthen the existing social security system

Improve the labour productivity at national and industry


level

Promote the occupational safety and health system

Participate in international and regional labour affairs in an


active manner.

2
Overseas Employment Supervisory Committee

Overseas Employment Supervisory Committee has been formed three


Sub Committees to review, coordinate and supervise the existing and
procedure on the matters concerning dispatch Myanmar Workers abroad.
Labour Administration sub Committee
Labour Security and Protection sub Committee
Labour Beneficial sub Committee

Overseas Employment Supervisory Committee which comprising


Ministry of Home Affairs, Ministry of Border Affairs, Ministry of
Foreign Affairs, Ministry of Finance, Ministry of Immigration and
Population, Ministry of Social Welfare, Relief and Resettlement, Ministry
of Transportation, etc

3
Main responsibilities of the relevant bodies

Formulate appropriate policies on overseas employment


Take measures to curb the abuses and malpractices surrounding
recruitment for overseas employment,
Influence the terms and conditions of employment of workers,
Minimize or resolve problems arising from violations of
contractual obligations of both parties,
Protect the workers rights,
Scrutinize the recruiting agencies for their legitimacy.

KNO-SLOM 4
Labour Migration Policy

Simplifying regular channels that allow people to seek work abroad.


Ensuring basic rights for migrants.
Reducing transaction costs associated with migration.
Improving socio-economy status for migrants and their families.
Enabling experience, skill and knowledge from mobility and sharing those to
other.
Making mobility an integral part of national development strategies.
Facilitating data collection, information
management and research and policy analysis.
Collaborating with international organizations, civil society organizations,
both international and local, on issues regarding migrant workers.
Enhancing development of labour market in local and overseas.
Strategic Areas to improve Labour Migration Management
In 2013 , the National Action Plan was launched to manage the migrant workers affairs.

Governance of Migration,
Legislative of regulatory framework
Institutional framework
Labour migration management framework
Protection and Employment of Migrant Workers,
Recruitment phase
Pre-departure phase
Employment abroad phase
Return and reintegration phase
Labour Migration and Development
Migration in the national development agenda
Migrants remittance and investment
Data collection and Management.
Data collection and management
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Memorandum of understanding (MoUs)

Establish a process more beneficial to migrant workers than irregular


migration by ensuring a minimum level of protection during the migration
process and employment term.
Have signed the memorandum of understanding for cooperation in the
process sending Myanmar workers
- Thailand in 2016
- Korea in 2007

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Labour Attach

Two Labour Attachs are being appointed in Thailand, and Malaysia and one
Labour Attach for Korea to handle and monitor employment related issues of
Myanmar workers.
Provide assistance to workers facing difficulties and protection to migrant
workers.
Cooperated with migrants associations and NGOs in host countries in
providing legal services to migrant workers and pursuing legal claims on their
behalf.

8
Trends of labour migration for Myanmar workers

1. Thailand
1. Lack of job 2. Malaysia
Opportunity 3. Korea
ASIA PACIFC
2. Difference in Global 4. Singapore
/Regional Economic 5. Japan
Growth
3. Development of
information and
Transportation
Technology
4. Right to Work
Abroad 1. UAE
MIDDLE EAST 2. Quatar

KNO-SLOM 9
Myanmar Overseas Employment Service

1990 Initiated the Myanmar Overseas Employment Service.

Promulgated the Law relating to Overseas Employment


1999
Law.

Government Overseas Employment Agency has been set up


2010
with the services personal of the department of labour.

Overseas Employment Supervisory Committee has been


2011 formed .

2012 Established Migrant workers division under the department


of labour.

Overseas Employment Activities are made for Myanmar


migrant workers by 226 licensed overseas employment
agencies up to this moment.
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Process of Overseas Employment

Demand Letter
recommended by Recommended by
Labour Attache MOEAF
(Malaysia & Thai)

BODG of MOLES Education, Health &


Human Resources
Development
Demand Letter Committee
recommended by
Concerning Embassy
(Other Countries)

Pre-departure
Sending Myanmar Signing Employment training and briefing
Migrant Worker to Contract
Overseas Countries 11
Total number of persons migrating for employment
(1990-2016 December)

Number of persons
300000
272,285
250000
196,987
200000
150000
100000
50000 29,534
13,633
Number of persons
5,142 1,055
0

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Family Remittance
(in millions US$)

Duration Workers Remittance


US$ (million)

2-4-2012 to 23-12-2016 1,220,823 1084.137

Source: Central Bank of Myanmar

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Legislative and Policy Developments
Overseas Employment Law was enacted in 1999.
Consultation with ILO, IOM, UN Women and Myanmar Overseas Employment
Agency Federation to review the existing law relating to overseas employment
issued in 1999.
By the section 31(b) of law relating to Overseas Employment (1999),
The Ministry of Labour, Employment and Social Security issues the Ministerial
order No (560/2014) and lay down the following discipline the participation in
the Overseas Employment Program.
Discipline for Myanmar Overseas Employment Agencies Federation,
Discipline for licensed Overseas Employment Agencies
Overseas Employment Agencies Licensing Discipline
If the Licenced Overseas Employment Agency is found to have infringed any
of the violation of the rules and code of conduct of the Service Agent Licence,
the Myanmar Overseas Employment Agencies Federation and the Licensed
Overseas Employment Agencies, the Department of Labour cancels the Licence
or revokes it subject to a time limit.
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Pre - departure training
Three days compulsory programme for workers supervised by MOEAF
under MOLES.
Provide full information about their proposed employment, a valid contract
and cultural awareness, occupational safety health , employment law
training, Explanation of the rights and obligations of both the workers and
employer, Contact information for embassy and Labour Attach, Provide
with telephone simcard to seek assistance
Before departure of workers who intend to work in Thailand,
representatives of employers from Thailand, officials of Department of
Labour (Myanmar) and responsible persons of oversea employment
agencies explain about the information included in employment contract to
workers in order to thoroughly understand before signing .
Border Check point ( Myawaddy township etc) before entering into
Thailand, concerned officials from Department of Labour, Department of
immigration and Special Branch of MOHA make required presentations
and talks about Dos and Donts and brief information to be followed while
working in Thailand.

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Support for Internal Migrant Workers

Provide job opportunities through 77 Labour Exchange Offices (LEOs)


Provide the employment services through the Mobile Team at the townships
and villages where service of the Labour Exchange Offices (LEOs) are not
accessed.
Collect data and provide labour market information.
Develop Labour Exchange Management Online System to be given effective
employment services for decent works.
Local employment activity are made for employment of job seekers by 70
local employment agencies.
Provide the employment opportunities to the job seeker by launching the Job
Fairs providing with the One Stop Services in the States and Regions.

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Complaints Mechanism Centers

Opened in Nay Pyi Taw and Yangon to deal and response to the
complaints as they were received and providing services on 24 hours per day
and 7 days a week.
Complaints Mechanism Centre
Ph. No: 95-67-430184, 95-67-430284
Ph. No: 95-1-650089, 95-1-650187
Email: complaint.moles@gmail.com

Total number of complaints received from (2013-2016 November)

Who made death who are who are missing prisoned Others Total
the person faced faced with person person
complaints accident fraud on
on the facts money
of the
contract

122 135 56 104 24 58 182 681

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Migrant Resource Centers (MRC)

Migrant workers Resource Centers collaborating with IOM and ILO under the
GMS Triangle Project.
Launching the MRC at Mawlamyine, Magaway, Hpa-an, Yangon, Myawaddy,
Mandalay, Dawei and Kyaingtong.
Implementation of MRC services with Labour Exchange Office are as follows-
provide counseling and support services
coordinate with relevant stakeholders and strengthen the knowledge base
provide Pre-departure services transit and post arrival services and for
returnees
Information collected from MRCs feeds into the policy advocacy
process and helps to identify training,
Required in order to better implement existing laws
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Migrant Workers Reporting Counter

Migrant Workers Reporting Counter at the Yangon International Airport


ensure migrant workers, enjoy their rights and protection,
provide proper information for them, (pamphlets, contact address)
collect data of migrants leaving and returning,
provide service for air ticket, check in airport counter etc.

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Information sharing center for victims of the Trafficking,
Ministry of Social Welfare, Relief and Resettlement,

Activities
Prevent and minimize the trafficking case with support of information and support
programme.
Refer the representative ministries and organization to support.
Targeted group
Any potential person in Trafficking
Family members, friends and neighbors of the victims
Contact Address:
Social Welfare Training School, Department of Social Welfare
No (69), Kyikewine Pagoda Road, Mayankone Tsp, Yangon.
Help Line : 01 666619

Anti Trafficking in Persons Division, Ministry of Home Affairs


Hot Line Phone No : 09 49 555 666, 09 49 555 777, 09 49 555 888
KNO-SLOM 20
Collaboration with INGOs
National Action Plan for the management of international Labour
Migration (with IOM) , 2013
Hand book on pre-departure training for Malaysia and Thailand (with
ILO)/ 2015
Code of Conduct for Myanmar Overseas Employment Agencies (Draft)
(with ILO), 2015
Hand book on the Management of International labour Migration (Draft)
(with ICMPD-EU)

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Promoting a positive image of migrant workers

MOLES has conducted anniversary events on international migrants day


and shown photos displays on every December 18 from 2012 to now.
The International Migrants Day is seen firstly as an opportunity to
recognize the contribution made by millions of migrants to the economies
of their host and home countries and secondly to promote respect for their
basic human rights.

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Challenges

Establish and strengthen a comprehensive social protection


system for migrants workers
Increasing cooperation with destination countries for the
protection of migrant workers.
Mitigating the adverse impact of the emigration of skilled
human resources.
Up to date information about employment opportunities and
skill requirements in labour market.
Minimum standards in employment contracts.
Required skill enhancement to perform the recruitment, working
employment
Needs assistance to skill technology for migrant workers
returned in their country.
Insurance for death must be insured for the migrant workers.
Enhance the effectiveness of skill development system.
Manage the Recruiting, employment and returning process not
to be workers exploited in each process.
2/27/2017 23
Challenges

The protection of migrant workers are:

To safeguard workers rights, upholding his or her dignity and ensure that each
person/worker is accorded fair treatment,

To ensure that he or she is not discriminated against,

To help in cases of inhuman and unsafe conditions,

To ensure that rights and well-being of women migrant workers are protected and

To provide assistance in all phases of the migration cycle.

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Thein Win
Director
Department of labour

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