Relevant Legislation 
Labour Organisation Law (the Pyidaungsa Hluttaw Law No. 7/2011)1
Definition
Article 2(g) of the 2011 Labour Organisation Law defines a strike as a means of collective action, ‘taken by decision of some or all workers resulting in a suspension of work, a refusal to work or to continue to work, or a slow-down or other collective actions that are designed to limit production or services relating to social or occupational matters in any dispute. This expression does not include workers’ exercise of their right to remove themselves, having reasonable justification to believe that the work situation presents a sudden and serious danger to their life or health’.
Procedures
Article 38 of the 2011 Labour Organisation Law states that a labour organisation that wants to go on strike must, by desire of the majority of the member workers:
a) inform the relevant employer and the relevant conciliation body in accord (sic) with the directive of the relevant labour federation by mentioning the date, place, number of participants, manner and the time of strike at least 14 days in advance;
b) negotiate, discuss and decide on the minimum service, prior to the dispute, which shall be such as to meet the basic needs of the public while not impacting the right of strike (sic) or workers. In doing so, the employers and the labour organisations shall seek to reach agreement on the number and kind of posts that need to be filled in the event of a strike and the persons who will be required to remain at work. If they fail to reach agreement, the minimum service shall be determined by (a) competent court.
Article 39 of the Labour Organisation Law stipulates that a labour organisation that wishes to go on strike (however not a public utility) will, in accordance with the desire of the majority of the member workers, ‘inform the relevant employer and the relevant conciliation body in accord (sic) with the stipulation with the permission of the relevant labour federation by mentioning the date, place, number of participants, manner and the time of the strike at least three days in advance before the day of the strike’.
Furthermore, Article 37 of the Labour Organisation Law provides that an employer ‘desirous of locking out the public utility service or service which is not included in the public utility service shall inform the starting day and period of lock out of the work in accord with the stipulation, at least 14 days in advance before the lock-out to the relevant township labour organisation and relevant conciliation body and lock out the work only after receiving permission (from) the relevant conciliation body’. The relevant township labour organisation and conciliation body are then to decide whether or not the lock out is legal, pursuant to Article 40 of the Labour Organisation Law.
Regulations/Limitations
Article 41(a) of the Labour Organisation Law prohibits lock outs or strikes that affect the following essential services:
(i) water services;
(ii) electricity services;
(iii) fire services;
(iv) health services;
(v) telecommunications services.
The legislation also states that: ‘A non-essential service may become an essential service if the strike affecting it exceeds a certain duration so as to give rise to damage(s) which are irreversible or out of all proportion to the occupational interests of those involved in the dispute.’
The following are also deemed to be illegal under Article 41 of the Labour Organisation Law:
(b) going on strike […] without the permission of the relevant labour federation;
(c) failing to inform in advance in accord (sic) with the provision of this Law in respect of (a) lockout or strike;
(d) not being relevant to […] labour affairs such as wages, salaries, welfare and working hours or other matters relating to the occupational interest of the workers;
(e) a strike not being in conformity with the date, place, time, period, number of participants and manner as obtained permission (sic) in advance
Furthermore, Article 50 the new Labour Organisation Law also prohibits persons from interfering or obstructing the executive committee from performing its duties, and from carrying out ‘demonstrations within 500 yards from hospitals, schools, religious buildings, airports, railways, bus terminals, ports or diplomatic missions and military or police installations’.
Article 44 of this legislation stipulates that no employer shall:
(a) lock out a work due to such dispute during pendency (sic) of a trade dispute settlement;
(b) carry out an illegal lock out which is involved with any provision contained in sub-sections (a) and (c) of section 41;
(c) dismiss a worker who opposes an illegal lock out which is involved with any provision contained in sub-sections (a) and (c) of section 41;
(d) dismiss a worker for his membership in a labour organisation for the exercise of organisational activities or participating in a strike in accord (sic) with this Law.
Article 45 additionally declares: ‘No worker shall go on strike, without informing in advance to the relevant employer or to the relevant conciliation body that a strike in a public utility service will be carried out in accord (sic) with the stipulation contained in section 38’. Pursuant to Article 46 of the new piece of legislation, the same procedure (informing relevant employers or conciliation bodies in advance that a strike in a public utility service will be carried out) must be followed for non-public utility related strikes or like outs, or they will be declared illegal.
Article 47 further declares that no workers shall:
(a) go on strike based on such dispute during the pendency (sic) of a trade dispute settlement for any dispute;
(b) go on illegal strike which is involved with any provision contained in section 41.
