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[]
[null,"Prepared By:","Contributors:"]
[null,"Tilleke & Gibbins","Yuwadee Thean-Ngarm"]
[null,null,"Joel Akins"]
[]
[]
["Global Employment Law Guide"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

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["Question","Myanmar"]
["Lex Mundi Global Employment Law Guide"]
["What are the different categories of employment status (for example, employee, worker, self-employed individuals, etc)?"," Myanmar labor laws do not distinguish between the terms “employee” and “worker,” and do not discriminate between “temporary” and “permanent” workers. Temporary workers are included under the definition of “workers” under local legislation. “Workers” have also been defined under various labor-related legislation. Please see the table below for further information:  \n \n \n \n No. \n Legislation \n Definition \n \n \n \n \n \n 1. \n \n Amendment for Leave and Holidays Act, 2014 \n “Worker” means a person who relies on his labor to engage in economic activity or to generate a livelihood, including a daily wage earner, temporary worker and permanent worker, but does not include: \n \n The employer’s parents, husband, wife, children, brothers, sisters and sibling of the employer in cases where the employer is carrying on his own trade or industry or establishment;  \n Persons who are remunerated out of the profits of the trade or industry or establishment in the shape of shares; \n Cooker, house cleaner, baby sitter and security; \n Governmental staff who get leave and holidays which are enacted to pay occasionally with salary and wages according to other existing laws. \n \n \n \n \n 2. \n Labor Organization Law 2011 \n “Worker” means a person who relies on his labor to engage in economic activity or to generate a livelihood, including a daily wage earner, temporary worker, worker engaged in agriculture, domestic worker, government employee and apprentice, but does not include the Defense Services personnel, member of the Myanmar Police Force or member of the armed organizations under the control of the Defense Services. \n \n \n 3. \n Second Amendment of Labor Disputes Law, 2019 \n “Worker” means a person who employs for the employer and who earns the wage by using physical or mental capacity. In such expression, it also includes an apprentice worker, a probation worker and a worker terminated or dismissed from work during the dispute. However, this expression does not include the government services personnel, Defence Services personnel, members of the Myanmar Police Force and members of the armed organizations under the control of the Defense Services. \n \n \n 4. \n Social Security Law 2012     \n “Worker” means a person who is employed permanently or temporarily in any establishment and who earns a living with a wage obtained by using physical or mental capacity. In such expression, it also includes apprentices and trainees whether they obtain the wage or not. However, it does not include family members of the employer who live together and depend upon the employer. \n \n \n 5. \n Employment and Skill Development Law 2013     \n “Worker” means a person who performs work that requires skills or moderate skills or no skills for wages at a government department, government organization or at a work owned by the cooperative, private or joint venture or at any organization or company. In this definition, an apprentice worker is included. \n \n \n 6. \n Minimum Wage Law 2013       \n “Worker” means a person who earns a living by wage obtained by carrying out the work of permanent work, or temporary work using his physical or intellectual power by the conclusion of an employment agreement with the employer to work at any commercial, production and service, agricultural and livestock breeding business. In this expression, apprentices and trainees, clerks and staff, outside workers, housemaids and drivers, security men, guards and sanitary workers and staff include. However, it does not include the following workers and staff:\n \n Wife, husband, children, parents and blood brothers and sisters who are the members of the employer and doing the work of the employer by depending upon and living with the employer; \n Civil service personnel; and \n Seafarers. \n \n \n \n \n 7. \n \n Payment of Wages Law 2016      \n \n “Worker” means a person who earns wages obtained by carrying out permanent work, temporary work, or piecework by using his or her physical or intellectual work in commerce, production and service business and agriculture and livestock breeding business under an employment agreement or verbal agreement. This expression includes an apprentice and training worker who receives wages, clerk and staff, outside worker, house cleaner and driver, security, sanitary worker, renovation worker, cook, postman, gardener and general worker. \n \n \n 8. \n Shop and Establishments Law 2016      \n “Worker” means a person who works either entirely or primarily for a business if the business is a shop or establishment. This expression includes clerks, postmen, treasurers, watchmen, security personnel, cleaners, drivers, motor vehicle assistants and cooks. However, the expression excludes the employer and the employer’s husband, wife, son, daughter, parent, brother and sister. \n \n \n \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n As such, regardless of the nature of employment (i.e. whether permanent or temporary) employees in Myanmar are entitled to the same set of statutory rights and benefits. "]
["Are there different types of employment contracts (for example, fixed-term, indefinite)?","The mandatory \nEmployment Contract Template (\"\nECT\") issued by the \nDepartment of Labor (\"\nDOL\") of the Ministry of Labor (\"\nMOL\") on August 28, 2017, is to be used and applied for all types of employment in Myanmar.\n"]
["What requirements need to be met in order for an employment contract to be valid?"," The ECF contains the following important points: \n \n Type of work; \n Probation period or appointment/joining date; \n Wages/salary; \n Location of work;  \n Term of contract; \n Working hours; \n Rest days/off days and leaves;\n \n Rest days; \n Days off; \n Leave;\n \n Casual leave; \n Earned leave; \n Medical leave; \n Maternity leave; \n Funeral leave; \n \n \n \n \n Overtime; \n Provision of meals during working hours;  \n Accommodation;  \n Medical treatment; \n Transportation to and from the workplace and traveling;  \n Discipline rules to be abided by employees; \n The bond period after training provided by the employer; \n Resignation and dismissal from work;  \n Termination of an employment contract;         \n Obligations under the employment contract; \n Termination of employment contract by mutual agreement of employer and employee; \n Other issues (dispute settlement between employer and employee); \n Amendment and modification of the employment contract; and \n Miscellaneous. \n \n Not all the points mentioned in the ECF can be amended. However, the additional terms and conditions based on the company rules and policies of each company can be provided as an annexure to the ECF . If it has been prepared in English, that annexure is required to be translated into the Myanmar language and approved by the relevant township labor office. "]
["Are part-time employees afforded the same rights as full-time employees?","Currently, there are no clear regulations and guidelines for part-time employees. The minimum wage, as announced by the National Minimum Wage Committee via its \nNotification No. 2/2018, sets the national minimum wage at an hourly rate of MMK 600, and MMK 4,800 for an 8-hour workday. On October 9, 2023, \nNotification No. 2/2023 from the National Committee outlined changes to the minimum wage, requiring employers to provide an additional daily allowance of 1,000 kyats. Despite this adjustment, the Ministry of Labour (\"\nMOL\"), as confirmed by the Global New Light of Myanmar, has upheld the minimum daily wage for employees at 4,800 MMK for an eight-hour workday. Additionally, employees are entitled to an extra 1,000 MMK in allowances, while overtime pay remains calculated based on the 4,800 MMK rate.\nThe minimum wage applies to all employees regardless of age, industry, experience, type of employment and region, except small and family-run businesses with fewer than 10 employees. Under Myanmar laws, all employees, including temporary workers, agency workers, and part-time workers, have the same rights. There are no relevant qualifying periods for employers unless there is a probationary period. The position or status of employees depends on the employment contract made for that type of hire. All employees are to be treated equally regardless of whether they are part-time or permanent.\n"]
["Can employment contracts be assigned?","Under Myanmar labor laws and practices, employment contracts cannot be assigned or transferred. Myanmar labor authorities require the employer and employee to make a new employment contract if employees are assigned or transferred, with the consent of employees, to a new employer. However, in the case of the transfer of a juristic entity, employee contracts may be carried forward to the new employer. \n"]
["What rights do employees have (to object, to severance), if any, when the company they work for is transferred as a going concern?"," The employer has to ask employees through their Workplace Coordinating Committee whether they wish to be transferred or end their contractual agreement. If the new employer is unable to accommodate staff in the new entity and desires to dismiss or terminate the employment, he or she is liable to pay severance pay. \n Section 15(b)(iii) of the ECT requires employers to pay severance in the event of termination, in accordance with the applicable severance rates.  \n The severance payment rates are listed in the Ministry of Labor, Immigration, and Population’s Notification No. 84/2015 , effective from July 3, 2015. Please note that employers cannot alter any of the severance payment rates and must comply accordingly. The rates are as follows:   \n \n \n \n Length of Service \n Severance Payment \n \n \n \n \n 6 months – less than one 1 year   \n Half of 1 month’s salary \n \n \n 1 year – less than 2 years     \n 1 month’s salary \n \n \n 2 years – less than 3 years     \n 1.5 months’ salary \n \n \n 3 years – less than 4 years     \n 3 months’ salary \n \n \n 4 years – less than 6 years     \n 4 months’ salary \n \n \n 6 years – less than 8 years     \n 5 months’ salary \n \n \n 8 years – less than 10 years     \n 6 months’ salary \n \n \n 10 years – less than 20 years     \n 8 months’ salary \n \n \n 20 years – less than 25 years     \n 10 months’ salary \n \n \n 25 years and above     \n 13 months’ salary \n \n \n \n   "]
["Do you have statutory rights for employees on change of control of an employer? If so, please give the statute.","There is no obligation for the employer to consult with employees or union representatives prior to management decisions, including a change of control of an employer. Employees can negotiate their conditions of employment and general welfare through their Workplace Coordinating Committee (\"\nWCC\"). However, employers have to explain and inform in case of business transfer, disposal, or acquisition.\n"]
["In what circumstances can employers unilaterally change the terms of employment, and what remedies (if any) are afforded to an employee?","Under the current practice and requirements of the \nDOL, if either party desires to amend and modify the terms of the employment contract, the employer and employee must negotiate and reach a mutual agreement. This also requires approval by the respective labor office. More than 50 percent of employees in a workplace have to agree on the change of the terms.  \n"]
["Is your jurisdiction an employment-at-will jurisdiction? What are the employer’s termination rights?"," Generally, Myanmar is considered to be employment-at-will, but not termination-at-will. The ECT places the burden of proof on the employer for any termination, though no labor laws in Myanmar provide for employment termination.   \n Section 15(b) of ECF states that when the employer terminates the employment of the employee, the employer (or an authorized representative) must record the valid reasons for termination and provide an official signed notice. The employer has the sole responsibility for all matters of termination and dismissal of an employee. \n The employer may terminate the employee without any severance payment if the employee has committed additional misconduct within 12 months after three warnings have been made—the first two by written letter, and the third by having the employee sign an acknowledgment of wrongdoing. All previously committed violations will be discounted if the employee does not commit any further misconduct within 12 months of the original ordinary misconduct or 12 months of committing ordinary misconduct for the third time. \n The employer may terminate the employee’s employment, in accordance with existing law, rules and regulations, with at least one month’s prior notification, by paying the stipulated severance payment, except in the event of immediate dismissal for grave misconduct. However, the employee must not be dismissed in contravention of relevant legal procedures. \n For redundancies and termination of employment, the employer should cooperate and negotiate with the Workplace Coordinating Committee (\" WCC \") where there is no labor organization. For ease of understanding, please see the table below on the applicability of payment of severance rates: \n \n \n \n No. \n Scenario \n Applicability \n \n \n \n \n 1. \n Resignation by employee \n No severance payable \n \n \n 2. \n Termination by the employer due to grave misconduct of the employee \n No severance payable \n \n \n 3. \n Termination by the employer due to fourth ordinary misconduct of employee within 12 months, after three warnings have been made \n No severance payable \n \n \n 4. \n Termination by the employer due to ordinary misconduct of the employee, before three warnings have been made \n Severance payable \n \n \n 5. \n Non-renewal of the employment agreement by the employer upon expiry \n Severance payable \n \n \n 6. \n Redundancy of employee \n Severance payable \n \n \n 7. \n Retirement of the employee upon attaining the company’s mandatory retirement age \n Severance payable \n \n \n 8. \n Termination due to winding-up of employer’s company or business \n Severance payable \n \n \n 9. \n Termination due to cessation of employer’s business \n Severance payable \n \n \n \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n   \n If the employer and the employee mutually agree to cancel employment, the employment contract may be canceled. "]
["Are there remedies for dismissal without cause or wrongful termination?","Employees can lodge claims with respective Labor Disputes Conciliation Body for the first instance. If no acceptable deal is reached, they can submit further claims to the Labor Disputes Arbitration Body and Labor Disputes Arbitration Council. \n"]
["Are there protections for whistleblowers?","At present, there are no relevant labor law provisions protecting whistleblowers. \n"]
["Do employees have a right to privacy? If so, what are the remedies for a breach?","Section 17(v) of the ECTrequires the employer to notify employees regarding all rights and benefits of employment. \nIn Myanmar, basic communications privacy and security guarantees are provided in \nsection 357 of the \nConstitution, which states, “\nThe Union shall protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of this Constitution.”\nSection 8 of the Law Protecting the Privacy and Security of Citizens (2017) contains provisions regarding communications, telecommunications, and private correspondence. This prohibits the interception of or interference with personal communications and communications equipment. It also makes it a crime to demand or obtain personal telephonic and electronic communications data from telecommunication operators, or to open, search, seize or destroy another person’s private correspondence. Violators can face up to three years imprisonment and a fine between MMK 300,000–1,500,000.\n"]
["Are employees afforded any anti-discrimination protection?","Myanmar’s labor laws do not discriminate between male and female employees on employment. The \nMinimum Wage Law stipulates equal pay to all employees irrespective of gender. \nSection 17(i) of the \nECT stipulates that the employer must not discriminate or allow unequal treatment of employees on the basis of union membership, or based on factors of race, religion, gender, or age.\n"]
["Are there statutory rights to vacation, medical leave and parental leave? Have there been any changes to leave benefits in the past 12 months? Is there any proposed legislation that employers should be aware of that will impact leave benefits?"," Under the Leave and Holidays Act , employees are entitled to the following types of leave: \n \n Casual Leave; \n Earned Leave; \n Medical Leave; \n Maternity Leave; \n Paternity Leave and \n Unpaid leave.  \n "]
["Are restrictive covenants recognized and, if so, what are reasonable restrictions as to geography, duration and scope of activity?","Section 27 of the \nContracts Act states that every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. However, provisions that are reasonable in scope in terms of territory and duration would be permitted. Post-contractual terms should be carefully drafted to avoid being held void and should be drafted reasonably. \n"]
["Can employees be terminated for refusing to sign a restrictive covenant? What serves as consideration for a restrictive covenant?","No, employees cannot be terminated for refusing to sign a restrictive covenant. Noncompliance with the provisions of the \nContract Act on restraint of trade by an employer can be considered a restrictive covenant, and terminating on refusing to sign a restrictive covenant may lead to charges of unfair dismissal.\n"]
["Does your jurisdiction require contributions to a pension or retirement scheme?","There is no statutory retirement age for employees working in the private sector. Therefore, at present, there is no requirement for contribution to a pension or retirement scheme in Myanmar.\n"]
["Are certain benefits mandated by your jurisdiction?","Employee benefits are stated in the \nSocial Security Law 2012 (\"\nSSL 2012\") and the S\nocial Security Rules 2014 (\"\nSSR 2014\"). In accordance with the \nSSL 2012, the employer is required to withhold 2 percent of an employee’s total monthly wages and contribute 3 percent of the employee’s monthly wages to the Social Security Fund. The social security contribution is currently capped at MMK 15,000, based on a salary cap of MMK 300,000. Therefore, employers have to contribute up to MMK 9,000 (3%) per employee, while withholding up to MMK 6,000 (2%) from each employee every month. Please also note that all social security benefits are based on the MMK 300,000 salary cap.\n"]
["Is it permitted to have a mandatory retirement age in your jurisdiction?","There is no statutory retirement age for employees working in the private sector. For civil servants, the statutory retirement age set under \nRule 230 of the \nCivil Service Rules 2014 which was amended on April 1, 2022, is 62 years old. While an employer is not prohibited from setting its mandatory retirement age, severance payment is applicable when an employer terminates the employment of an employee on the basis that such an employee has reached the mandatory retirement age set by the employer.\n"]
["Is it possible to cease pension or insured benefits (income continuance/disability insurance, healthcare, life assurance, etc.) when work continues beyond retirement age?","Under the current regulations, it will depend on the consideration of the employer to require or cease pension or insurance benefits to the employees. The company can consider issuing company work rules to announce and comply with all requirements and benefits between employers and employees in Myanmar.\n"]
["Can an employer make the COVID-19 vaccine mandatory for its employees? Are there exceptions that an employer must make? If an employee simply does not want to get the vaccine (without another reason like disability or religious reason), can an employer terminate the employee’s employment?","There is no legal requirement requiring an employer to make the COVID-19 vaccine mandatory for its employees or to force its employees to get the vaccine.\nUnder current regulations, an employer is only required to comply with the \nOccupational Safety and Health Law 2019, which governs all aspects of health and safety and lays out employers’ duties and responsibilities. These include arranging medical check-ups for employees to ensure that they are not suffering from any occupational ailment, providing employees with sufficient personal protective clothing, materials, and facilities (and seeing that they make use of them), and distributing occupational safety manuals, health manuals, and guidelines to raise employees' awareness of health and safety measures.\nGiven the circumstances, an employer is unable to terminate an employee’s employment on the basis that the employee refuses to get the COVID-19 vaccine.\n"]
["Can an employer require that employees return to work in the office (absent government order to shut down)? If an employee refuses to return to the office, can the employer terminate the employee’s employment?","According to current Department of Labor (\"\nDOL\") practices, if an employee is absent for three consecutive days without leave and without sufficient cause, or is frequently absent for five days within a month without permission from the employer, the employer reserves the right to terminate the employee without providing any severance payment, as it is considered serious misconduct.\nIn general, yes, an employer can require employees to return to work in the office if there is no government order to shut down. However, if there is a government order to shut down, the employer cannot require employees to return to work in the office, and employment cannot be terminated as a result.\nAdditionally, according to \nsection 27(d) of the \nOccupational Safety and Health Law, employers are prohibited from terminating employees if the employee is unable to come to work due to an imminent danger situation at the workplace or the risk of contracting an occupational disease. Therefore, if an employee refuses to come to work due to safety concerns, such as inadequate COVID-19 precautions or other crises in the jurisdiction of the workplace, the employer cannot terminate the employee.\n"]