The legal system of myanmar is rooted in common law as other previous british coloni. Project level impacts labour myanmar centre for responsible. Invitation for eoi proposal to upgrade health facilities of social security board by public private partnership ppp system. The guide is designed as a quick reference to identify the main rights, powers, and obligations of employers, workers, unions1, and government under myanmar labour law. The minister of labor, employment and social security burmese. If there are 100 workers and above, pay must not be administered later than 5 days after the end of the payment period. The 2019 workplace safety and health law enacted in march, 2019 a summary and english language translation will be added soon, but the full text is available here in myanmar language. However, bylaws implementing the new mil have not been issued yet and as such the rules issued under the old myanmar foreign investment law continue to be in effect to the extent that they are not contrary to the new mil. Legislations and rules related to labour and employment in myanmar have been brought under one single framework by a united nations agency, summarising major issues ranging from minimum wage, public holidays, medical leave to child employment. Employer with at least 10 employees shall pay not less than minimum wage rate. The international labour organisation ilo published its guide to myanmar labour law on september 28. Updates on myanmar labour laws strike action employment.
Factory owners are under pressure to raise worker wages but any dramatic rise could discourage foreign brands from investing in the lowcost nation when myanmar passed its first minimum wage in september 2015, the legislation was widely hailed as a landmark achievement for labor rights and clear sign the country was firmly on the path. If wage in employment contract is less than minimum wage rate, it is void. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high. The union minister for labour, immigration and population, u thein swe, received ms.
More than 77 businessrelated laws and 149 regulations are translated in english. Action labor rights alr action labor rights alr was set up in 2002 and focuses on the promotion of freedom of association and the abolishment of forced and child labour in myanmar. Mgma is participating in an ongoing dialogue with the ilo and the myanmar ministry of labour to develop a responsible minimum wage for the country one which can stand as both a living wage for factory employees and which is also a wage realistic enough to allow myanmars garment factories to be internationally competitive and profitable. Myanmar law provides that an employer reserves the right. Since 2011, several labor laws have been amended and new laws established. The new foreign investment law of 2012 fil contains certain labor related re. Sep 28, 2017 the legal framework regulating employment in myanmar is found in a variety of different laws and rules enacted over the last century. Overview of new myanmar labour law guide the myanmar times. Employment and skill development law entered into force on 1 december 20 section 5a1. Marielle phe goursat, project manager from international labour organization ilo, at. A gives a high level overview of the key practical issues including. In practice, employment relations in myanmar are however since the employment and skill development law 20 heavily influenced by the policies and practices of the ministry provides that any employment contract must be registered, and of labour, employment and social security ministry of the department of labour will often only register the.
A guide to doing business in myanmar labor and employment. Laws and regulations ministry of labour, immigration and. Provisions of old labour laws may still be in force even as new laws covering similar areas are drafted and enacted. Funding for this ilo publication was provided by the united states department of labor project mmr10usa. And as myanmar has recently undertaken serious labour reforms in their organisation of labour law, the ideas of workers rights and of fighting for a fair wage and decent working conditions are fresh on the minds of many in myanmar. Moreover, it translated laws into english and published in three volumes as myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. Myanmar labour law in a single, userfriendly guide. Myanmar labour protection is a patchwork of many different labour. Many laws dating back to the colonial period and postindependence period are, with more or less changes, still in force. Myanmar laws 1990 is under arrangement for publication in the near future. Myanmar employment law is governed by both old and new laws and regulations, as well as internal policies and practices of the department of labour of the ministry of labour, immigra tion and population ministry of labour. The factories act which is the principal legislation with regard to hours of work and rest as well as safety and health in industries was first introduced into myanmar as far back as 19 during the time when myanmar was a british colony. The ilo guide to myanmar labour law is funded by european union, norway, switzerland, united states department of labor project mmr10usa and the ilo.
The website about myanmar labour law collection, to provide and obtain information to employers and employees on myanmar labour laws as in one place. As a result of myanmar entering into a tax treaty with india on. Occupational safety and health in myanmar global new. European law firm with asian offices in yangon, singapore, kuala lumpur, delhigurgaon and shanghai ca. In 20, the minimum wage law was enacted, giving authority to a national committee to determine the rates of minimum wage for different industries. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. Republic of the union of myanmar ministry of labour. Myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. Labour day 2021, 2022 and 2023 in myanmar publicholidays. Myanmar has a long history relating to occupational safety and health. There are official labour day events and ceremonies in yangon, the capital of myanmar, on 1 may. Labour laws in myanmar asia monitor resource centre. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. Myanmar company act directorate of investment and company.
The awareness and understanding of national labour laws, as well as international labour standards, is low among both employers and workers. Report vacancy list with form 3 to labour exchange office. Legal advice tax advice incorporation services corporate secretarial services. This publication does not necessarily reflect the views or policies of the united.
The republic of the union of myanmar labor profile population 52. The guide also provides useful information on the international core labour standards to promote and inspire good practice on employment and labour in myanmar. In 20, the minimum wage law was enacted, giving authority to a national committee to determine the rates of. Myanmar laws1990 is under arrangement for publication in the near future. The myanmar citizen investment law and myanmar foreign investment law have been repealed with effect from 18 october 2016. In 2018, labor law enforcement agencies in burma took actions to combat child labor table 6. Since 2011, the government of myanmar has requested ilos support for its major legal reform process and in the last few years an impressive number of laws and regulations were adopted. This guide brings together many of the sources of myanmar labour law in a single, userfriendly guide.
Employers may hire a larger percentage of foreign employees for technological and managerial. Myanmar labour protection is a patchwork of many different labour laws, most of which date back to the 1920s1950s. Myanmar employment law is governed by both old and new laws and regulations, as well as internal policies and practices of the department of labour of the. Findings on the worst forms of child labor burma u. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. Laws and regulations from myanmar jurisdiction basket get email updates ip. Sep 18, 2018 the website about myanmar labour law collection, to provide and obtain information to employers and employees on myanmar labour laws as in one place. Below is a broad overview of key points in the labour laws especially relevant. The new law, signed by president u win myint on march 15, is expected to pave the way for the first legallyestablished health and safety standards in the country. Myanmars parliament has enacted the occupational safety and health osh law to promote safe and secure working environments for labourers and workers. Draft myanmar companies law unofficial translation 1.
Employment and skills development law, but need not be presented cannot be registered with the ts. The employer must recognize the labor organizations relevant to its industry. Myanmar law provides that the employer may terminate the employment of the employee during the probation period with sufficient grounds for such term ination by giving one months advance notice in writing. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute. Worker legal requirements according to myanmar s labour law mgmas recomendation. Shops and establishment rules mol notification 682018. Jun 27, 2017 factory owners are under pressure to raise worker wages but any dramatic rise could discourage foreign brands from investing in the lowcost nation when myanmar passed its first minimum wage in september 2015, the legislation was widely hailed as a landmark achievement for labor rights and clear sign the country was firmly on the path. December, 2019 myanmar tax administration law 2019 burmese taxation october 28, 2019 what is erp. Ministry of labour, employment and social security myanmar. Termination in myanmar dla piper guide to going global. The legal framework regulating employment in myanmar is found in a variety of different laws and rules enacted over the last century. Employment and skill development law entered into force on 1 december 20.
A guide to employment and employee benefits law in myanmar. Mar 07, 2017 mgma is participating in an ongoing dialogue with the ilo and the myanmar ministry of labour to develop a responsible minimum wage for the country one which can stand as both a living wage for factory employees and which is also a wage realistic enough to allow myanmars garment factories to be internationally competitive and profitable. This issue myanmar laws 2000 is theconinuation of the publication mentioned above. If there are more than 30 employees, a workplace coordinating committee wcc must be established.
This issue myanmar laws2000 is theconinuation of the publication mentioned above. According to myanmars ministry of labour, immigration and population. Any enterprise operating under the myanmar foreign investment law or the myanmar companies act must pay income tax at a flat rate of 25 percent after the last of its income tax holidays has ended. Child worker 14 to 15 years of age who completed 14th year and not yet completed 16th year from date of birth. Republic of the union of myanmar ministry of labour, immigration and population noti. The guide also provides useful information on the international core labour standards to promote and inspire good practice. There has been an effort by the government in recent years to update the laws and provide stronger protection for the local workforce.
The republic of union of myanmar ministry of labour, immigation and popultation social security board invitation for services of data cleaning and data entry. As with much legislation in myanmar, the labour laws are presently undergoing considerable reform, and for this reason the guide should not be treated as comprehensive or final. Citation and commencement of this law and definitions a this law shall be called the myanmar companies law. The law determines specificcriteria which the national committee shall consider in the determination of the rate. Minimum wage minimum wage law came into force in 20 wage.
Myanmar laws, regulations and policies that every investor. Employer must present the employee with an employment contract for signing within 30 days after the commencement of the employment. Labor organizations that is, the labor organization of the employers tradeestablishment, which function as a union represent employees in myanmar. Alr provides trainings to workers about labour rights, labour laws and the formation of unions. The myanmar law information system is a website providing service of the myanmar law information sel font zawygione pyidaungsu by menu all search union laws subordinate legistration of union laws region or state laws self administrated zonedivision laws treaty precedent schedules or forms. New labour law paves way for worker safety standards the. The labour law pdf 38p this note describes the following details related labour law. However, gaps exist within the operations of the ministry of labor, immigration, and population that may hinder adequate child labor law enforcement, including the lack of publicly available enforcement information and an inadequate number of labor. The labor organization law of 2011 allowed the formation of trade unions after more than five decades of prohibition. Labour law update mgma myanmar garment manufacturers.