Table of Contents
Workers’ rights generally vary according to the type of work. Work in factories, shops and establishments are covered here, while workplaces such as oil fields, mines, and government offices are subject to different laws not discussed below.
Rights and compensation terms regarding leave, medical care, and compensation for injuries may be affected if your employer is contributing to a social security fund.1
An employer must enter into a written contract with an employee within 30 days of employment.2
The contract must include the terms and conditions of employment. Contract terms (and workplace regulations) cannot provide fewer protections than the minimum standards under relevant laws.3
Minimum wage for all enterprises with more than 15 employees is 4,800 Myanmar Kyat per day for eight hours of work (excluding break time).4
Wages do not include accommodation, meals, pension payments, gratuity for services, social security cash benefits, allowances for travel, duties and taxes, and other incentives. 5
Every person is entitled to no less than minimum wage, regardless of what it stated in a contract .6
With some exceptions, employers are generally not allowed to make deductions of an employee’s pay, this includes no deductions for materials and tools necessary for work.7
Some of the permissible deductions include dues paid to labour organizations, social security contributions, and income taxes to be paid by workers.
Wages must be paid at least monthly.
Disputes over wages, including late payment, and deductions are to be handled through a dispute resolution process. Workers must report lost wages and benefits as soon as possible.
Work days vary according to the type of employment:
- In factories, a workday should not exceed 8 hours a day, 44 hours per week. For factory work involving technical processes that must be kept continuously in operation, such as the blasting of furnaces or public utility services, working hours should not exceed more than 48 hours per week.8
- In shops or establishments, a workday should not exceed 8 hours a day, 48 hours per week.9
- Overtime pay is required for work during public holidays, work that exceeds 8 hours per day (even if the total for the week does not exceed 44/48 hours), and where total hours for the week exceeds 44/48 hours.
- In shops and establishments, overtime hours shall not exceed 16 hours a week.10 In factories, it is generally 20 hours per week.11
Generally, an employee should not be required to work more than 12 to 16 hours of overtime per week.12
Depending on where a person works, the minimum rest period is at least 30 minutes after four to five hours of work, with combined working hours not exceeding 10 or 11 hours in one day.13
Every person is entitled to one weekly rest day.14 No one may work more than 10 consecutive days without a rest day.15
Employers must protect workers from occupational hazards and communicate safety guidelines to protect workers from injury or disease. Failure to do so can lead to a fine or imprisonment.16
Employers are obligated to provide the necessary protective equipment, at no cost to the worker.17
Property must be well-maintained (clean, well-ventilated, fire exits, etc) and employers must provide protective equipment and facilities.18
In factories, clean drinking water must be conveniently available.19
Employees have the right to stop work and remove themselves from a situation that puts them in danger.
If a person is injured at work:
- The employer must make arrangements for medical treatment and the employee may be eligible for compensation. Employees should submit their case to the Commissioner for Workmen’s Compensation to seek compensation.
- Where a worker contracts certain diseases as specified in the Workmen’s Compensation Act, the factory manager must notify the Chief Inspector and the certifying surgeon.20
- In the case of death, the family of the worker can submit their case to the township committee on workmen compensation.21
Workers who are not covered by Social Security programmes can resort to the Workmen’s Compensation Act. Workers covered under the Workmen’s Compensation Act have a right of appeal.
- At a minimum, all workers earn 10 days of paid leave plus 6 days of casual leave per year after their first 12 continuous months of work.22 Religious holidays may be taken based on agreement but do not have to be paid.
Workers who are required to work on a public holiday are paid at double the normal rate.23 Paid maternity leave must include 6 weeks before the birth and 8 weeks after birth.24 This may vary if your workplace has a social security scheme.25Paid paternity leave is only available where there is a social security fund.
When workers cannot work due to illness or injury, regardless of whether or not it occurred at the workplace, leave must be allowed for medical treatment without deduction from wages.26A worker may also be eligible for up to 30 days of paid medical leave, whose terms may depend on whether the employer is contributing to a social security fund as well as other factors such as the number of months worked for the employer from whom leave is requested.27All workers earn 10 days of paid leave per year after their first 12 continuous months of work.28Workers are given 6 days of paid casual leave per year, unused casual leave is lost at the end of the year.29
Enterprises covered by the Factories Act must observe the weekly day of rest on Sundays.30
An employment contract must include provisions on resigning and termination of service as well as termination of agreement.
If an employee desires to resign, he or she shall inform the employer 30 days in advance with sound reason.
If an employer desires to terminate the employment, he or she shall inform the employee 30 days in advance with sound reason.31
An employee may be eligible for severance pay of an amount that depends on monthly salary and the length of employment.32
An employee may also be due a payment for unused leave.33
An employee cannot be terminated for membership in a labour organisation, opposing an illegal lock-out, or leaving work due to unsafe conditions.34
In the case of unlawful termination or dismissal, the case shall be dealt with in accordance with the dispute settlement procedures.
Workers have the right to form labour organisations to protect workers’ rights, such as workplace health and safety, and to engage in negotiation and/or collective bargaining relating to employment conditions.35
No one may force any employee to participate, or not participate, in a labour organisation. All workers have the right to resign from such organisations.36
Employers may not dismiss workers who oppose an illegal lock-out or workers who participate in organising activities or legal strikes.37
Where general dispute mechanisms fail, employees organised in a labour union may go on strike subject to certain conditions.38
Labour disputes should be resolved in accordance with the relevant labour dispute resolution mechanism.
The procedure varies according to whether it is an individual dispute or a collective dispute with other employees.39
Each type of dispute involves a procedure in which both sides are encouraged to reach a mutually agreed settlement through a neutral third party (“conciliation”).
Where conciliation fails, arbitration procedures and/or courts may be available to provide a final and binding decision on the matter.
Strikes or lock-outs can only proceed once general dispute resolution mechanisms have failed.
- Every child has the right to engage in work, rest, and leisure.40 Each child has the same labour rights as adults as well as many additional protections.
Age requirements and medical certificates Under 14 Cannot be employed.41 14 and over Can choose to work in accordance with existing labour laws, provided that he or she is in good health and capable of fulfilling the necessary tasks concerned.42 14 or 15 Cannot work more than 4 hours a day.43 Cannot work between 6pm and 6am.44
16 or 17 May be employed as an adult in a factory only with a medical certificate of fitness.45 Otherwise, the same laws that protect children under 16 years of age apply to him or her.46
Under 18 Must possess medical certification of fitness to work in shops and establishments.47 In a factory, must carry an ID or certification of fitness while working.48
Never allowed to move heavy loads likely to cause injury nor work in hazardous conditions.49
No child shall be employed in the worst forms of labour,50 including prostitution, pornography, illegal drug production, and any form of forced51 labour, including forced labour for debt.
Whoever subjects children to forced labour shall be considered a criminal offender.52
Any child working under the worst forms of labour, shall be considered as a child in need of care and protection.53
No one shall recruit children into the armed forces.54 Furthermore, no person under 18 years of age shall assume combat roles in hostilities.55
Any form of labour that can affect a child’s health, safety and morality is also prohibited,56 including activities such as selling alcohol57 or gambling.
Forced labour is prohibited with the exception of hard labour for persons over 18 years of age as part of a criminal sentence and in cases of state emergency.58, 59
Myanmar citizens and residents who are victims of forced labour can lodge a complaint by contacting an International Labour Organization (ILO) Liaison Officer, to seek compensation without fear of prosecution, harassment, or other form of reprisal.
All forms of labor trafficking are illegal. Additional harsher penalties may be imposed for female or child victims (under 16 years of age) (10 years to life imprisonment).60
In the prosecution of trafficking cases, the judge must take steps to protect the privacy of the victims. In particular, women and under 18s can be protected by closing access to court proceedings and documents to persons not directly involved in the case. Official approval is required before publication of case details.61
Trafficking victims may receive medical assistance, temporary shelter and support in filing a separate suit in criminal and civil court against the trafficker/s, among other social services.62
Under Myanmar law, an employer shall not discriminate nor deny equal opportunity based on race, birth, religion, and sex.63
Women also enjoy the same rights and salaries as men.64 All employees are entitled to minimum wage regardless of gender.65
Citizens are entitled to equal opportunity in the workplace.66 This includes creation of internal job opportunities and skills training without discrimination.67
- Workmen’s Compensation Act (1923) (amended 2005)
- Social Security Law (2012)
- Minimum Wage Law (2013)
- The Payment of Wages Act (2016)
- Employment and Skills Development Law (2013)
- The Factories Act (1951) (amended 2016)(၂၀၁၆ ပြင်ဆင်ချက်)
- Leave and Holidays Act (1951) (amended 2014) (၂၀၁၄ ပြင်ဆင်ချက်)
- Shops and Establishments Law (2016)(က)။
- Settlement of Labour Dispute Law (2012) (amended 2014)(၂၀၁၄ ပြင်ဆင်ချက်)
- Anti-Trafficking in Persons Law (2005)