Protection of Child labour in

Myanmar Introduction
According to current Labour laws, everybody can work even if they are under 18.
But, Child Labour can only be allowed to do certain types of Jobs and must have properly working hours. A Child
shall not be admitted to employ in workplaces before an appropriate minimum age.
The mental and physical development of the children is linked to the Future development of the country.
The Government of Myanmar cannot effectively to protect the child labour, although the domestic laws and
International Conventions contain to protect of child Labour's rights.
Children need to protect and the Government in Myanmar needs to target the elimination of child labour. So, the
Government need to effectively conduct the awareness of law to the children and their families so as to less the
exploitation and violence. The Government shall cooperate with national organization, international organization,
non-governmental
organization, community-based Organization, media and any other group.
 
 Chapter 1
Nature and Definition of Child Labour
 Workmen’s Compensation Act, 1924, ‘Child’ means under 15 years
 Factories Act, 1951, ‘Child’ means under 15 years
 Oilfield(Labour and Welfare Act) Act, Child’ means under 15 years
• 1951
 Shops and Establishments Act, 1951, Child means under 14 years
 Child Rights Law, 2019, Child means under 18 years
 International Convention, Child means under 18 years
• The Government of the Union should operate the same age of child in Labour Laws.
• There is no definition of Child labour in Myanmar.
• Myanmar Centre for Responsible Business (MCRB), Children's Rights and Business in Myanmar, (Briefing
Paper), Yangon, Myanmar Press, 1stedition ,April 2017,p-19,
• "Child Labour " is defined as any work undertaken by;
 Children under the legal minimum working age and
 Children above the legal minimum age but under the age of 18 and working in activities or under the
conditions in contravention of the international treaties, in particular slavery –like practices, hazardous work,
or other worst forms of child labour.
Types of Work of Child Labour
The children are primarily employed for light work such as packaging, sorting, but in reality they are found in-
• worst forms of child labour and
• hazardous jobs. In practice, child labourers are worked the same hours as adults, but fewer benefits and more risk of
abuse in employment.
Causes of Child Labour
Myanmar currently has many of the factors that contribute to child labour: high incidence of poverty, low rates of
secondary school enrollment and weak enforcement of labour laws. Child Labour has increased a part of the social and
economic development of many countries.
The causes of child labour are primarily rooted in poverty created by social and economic inequality as well as in
insufficient educational facilities.
Other causes of family poverty that commonly lead to child labour are: illness or dealth of a parent, parents’ debts or
bondage to an employer, parents’ unemployment.
The COVID-19 pandemic and responses to it have far-reaching social and economic consequences for vulnerable
populations, including children in the worst forms of child labour. Any other causes of child labour in Myanmar, almost one
in ten children are engaged in child labour and more than half of the working children are doing hazardous work.
Therefore, there is a market demand for child labour since children are generally docile, obedient, hired at cheaper
rates than adults, and dispensed with easily if labour demands fluctuate. Child labour persists due to the existing laws are
not strictly enforced and the implementations of the International Convention are weak enforcement.
 Chapter 2
International Conventions Relating to Child Labour
Myanmar is the 178th country to ratify the international convention and
has an estimated 9.3% of the child population aged 5 to 17 in child labour,
including more than 600,000 working in hazardous work, environments. Out
of 25 Conventions ratified by Myanmar, of which 19 are in force, 1
Convention has been denounced, 5 instruments abrogated, none have been
ratified in the recent.
Under Minimum Wage Fixing Convention, 1979 (No.131), Minimum
wages shall have the force of law and shall not be subject to abatement, and
failure to apply them shall make the person or persons concerned liable to
appropriate penal or other sanctions. Appropriate measures such as adequate
inspection reinforced by other necessary measures, shall be taken to ensure the
effective application of all provisions relating to minimum wages.
 Under Occupational Safety and Health Convention, 1981 (No. 155), Each Member shall formulate,
implement and periodically review a coherent national policy on occupational safety, occupational health
and the working environment.
“International Commission of Jurists v Portuagal”case

Compensations for Child Labour

Under Workmen’s Compensation (Accidents) Convention, 1925 (No.17)
 Injured workmen shall be entitled to medical aid and to such surgical and pharmaceutical aid as is
recognized to be necessary in consequence of accidents.
 The national laws or regulations shall make provisions as, having regard to national circumstances,
is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the
employer or insurer, the payment of compensation to workmen who suffer personal injury due to
industrial accidents, or, in case of death, to their dependents.

Under Workmen’s Compensation (Occupational Diseases) Convention, 1925(No. 18), Each Member
of
the International Labour Organization shall be payable to workmen incapacitated by occupational
diseases, or, in case of death from such diseases, to their dependents, in accordance with the general
• “Hadijatou Mani v. Republic of Niger”held that 10 million Francs for compensation.

Therefore, Conventions prescribed that each member of Internationoal Labour

Organization shall make coherent national policy on occupational safety,
occupational health and the working environment.
 Chapter 3
Internal Laws Relating to Child Labour
Labour Laws have 15 Laws in Myanmar, Labour Laws which prescribed concerning the child employee’s rights
have 8 laws. They are-
(1)Workmen’s Compensation Act, 1924,
(2)Employment and Training Act, 1951,
(3)Factories Act, 1951,
(4)Oilfields (labour and welfare) Act, 1951,
(5)Shops and Establishments Act, 1951,
(6)Leave and Holiday Act, 1951 and
(7)Minimum Wage Law, 2013, and
(8) Payment of Wages Law, 2016.
• Works and Wages for Child Labour
The daily minimum wage in Myanmar was Ks 3,600 (US$2.0) from 2015 to 2017 before being raised to
Ks4,800(US$2.67) in 2018 and remained unchanged.
 The employer shall pay wages to the workers employing in his business in local currency or foreign
currencies stipulated by the Central Bank of Myanmar. Such payment may be paid in cash or cheque or deposit
into the bank account of the worker with the agreement between the employer and the worker.
 shall pay wages at the end of the work or at the time agreed to pay to the worker for hourly, daily,
weekly or other part time work, or temporary or piece work;
 shall pay the wages for the permanent work monthly. In making such payment; If workers are not more
than 100, wages shall be paid at the end of the period for payment of wage. If workers are more than
100, it shall be paid no later than five days after the end of the period for payment of wages;
 shall pay due wages to a legal heir within two working days after the decease, if a worker is deceased.
 The employer shall not absolutely deduct as the fine from a worker under 16 years of age.
 Whoever violates any prohibition provided in Section 23(shall not violate the rules, orders and regulations) shall, on
conviction, be punished with fine from a minimum of one hundred thousand Kyats to a maximum of five hundred
thousand Kyats.
Therefore, the punishment laid down in respect of the violation of law of employer upon the worker. There is no
effective action by the Ministry of Labour.
3.2 Health, Safety and Welfare for Child Labour
Under Occupational Safety and Health Law, 2019, if any Worker who has been injured due to an Occupational
Accident or contacted with Occupational Disease is not covered under the Social Security Law 2012, the Employer
must pay for medical expenses to check the extent of capacity reduction and class of disability of such Worker.
Any Employer shall, on conviction of having violated the provisions under Sections 12, 26 (a) to (p), 27, 29 (b)
and 29 (c), be punishable with imprisonment for a term of up to three (3) months or with a fine which may be at
least one million (1,000,000) kyats to maximum five million (5,000,000) kyats or both.
3.3 Compensations for Child Labour
There are two Acts, Social Security Act, 1954 and Workmen’s Compensation Act for social security system
of Myanmar. By Social Security Act which obeys Social Security Scheme of Social Security Board, subsidy or
medical is compensated to protect labor who faced social or economic difficulties by death or injury on industrial
accident, pregnancy, or disease.
Compensation shall be provided in accordance with the provisions of this Act in case of accidental injury or
death, or lost the parts of body, get occupational diseases, he and his dependents will be provided with food and
support for their livelihood. It is not to pay compensation for life or lost the parts of the body.
 In the case of Daw Sein Ei v. U Tin Ko and one, Daw Sein Ei’s son Mg Kyaw Myint died in 1974 after being
injured while working at a rice mill owned by the defendant. Held that 200 Kyats for compensation under Section
2 (1) (a) and Section 4 (1)A (ii) of the Workmen’s Compensation Act that he was still a 15- year-old at the time of
his death.
In the case of appeal, the appellant applied that, Mg Kyaw Myint is over 15 years old, registration form and
household chart are inconsistent, and that registration form must be considered at correct. Since his salary is 100
Kyats, the compensation for him is 3600 Kyats under Section 4 (1) A (i) of the Workmen’s Compensation Act.
 Under the Workmen’s Compensation Act, 1924, the amount of compensation shall be, where death results from
the injury, in the case of minor, a sum equal to 36 times the workman’s monthly wages calculated in accordance with
this law.
“ Partial disablement ” means, where the disablement is of a temporary nature, such disablement as reduces the
earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in
the disablement.
 PPD(Permanent partial disablement)= (MW x 36 x 140/100) x lost of earning capacity/100
 PTD(Permanent total disablement)= MW x 36 x 140/100
Myanmar Now, published on October 6, 2016, Ma San Kay Khaing and Ma Thazin, the ages of 10, who live in Kaut Hmuu
Township, on the other side of Yangon, worked as maid in a sewing shop, at Kyauk Tada Township, Yangon, for 5 years without a
day off. The child’s guardians filed a complaint grevious hurt, Section 66 (d) of Child Law,1993, the owner of the sewing shop
paid the compensation, Kyats 5,000,000 to the children who suffered the grevious hurt due to the Human Right Commission
negotiated with the employer to pay Kyats 5,000,000.
 Therefore, the employer is responsible for compensation, if an employee is injured or dies while working.
Occupational Safety and Health Law of 2019 and the List of hazardous work is prohibited for children under 18
years. It is still needed to ensure in practice the effective prohibition and elimination of child labour, in particular in
its worst forms.
 Conclusion
 The age of Child is initially started to work the age of 14 years in employment under Myanmar laws.
 The definition of the child is not the same in Myanmar laws.
 Myanmar Laws do not provide the definition of child labour.
 The definition of the child labour need to provide in Myanmar laws.
 The child labour shall have the right to engage in work in accordance with law and the right to hours of
employment, and other reliefs prescribed by law.
 Although any person permitted to work the child labour in hazardous work and worst forms of child labour
shall be punished under Labour Laws, it is still to need the implementation of Laws.
 The Ministry of Labour shall protect and safeguard in accordance with law for child labour who have
reached the legal minimum age for admission to work, in particular regarding wages, working hours,
occupational safety and health.
Questions and Answers
Thank You