Labor law in Myanmar

Myanmar has no single labor code. The Ministry of Labour, Department of Labour, Factories and General Labour Laws Inspection Department, Social Security Board, township offices, conciliation bodies, arbitration bodies and courts each perform different functions. The framework covers employees and other forms of dependent work, including daily, temporary, agricultural, domestic, government and apprentice work, although practical access and formal coverage are uneven. Defence Services, the Myanmar Police Force and other armed organizations are excluded from parts of the labour organization and labour dispute framework. An employer should provide a written employment contract within 30 days after work begins and file it with the relevant township or district labour office within 30 days after conclusion. The contract normally states the job, workplace, wage, working hours, rest periods, leave, social security, termination, discipline and dispute procedures. A contractual term below a statutory minimum is ineffective. The contract rules and the practical status of the Rule 14 model should be checked against current notifications. Working-time limits depend on the workplace. In a factory, an adult normally works no more than 8 hours per day and 44 hours per week; continuous factory work can reach 48 hours per week. Shops and establishments generally have an 8-hour daily and 48-hour weekly limit. Factory work requires at least a 30-minute break after no more than 5 hours, with the whole workday including breaks normally limited to 10 hours. Shops require at least a 30-minute break after no more than 4 hours, with the day including breaks normally limited to 11 hours. Workers receive one paid weekly rest day. Factories generally use Sunday, while a shop may select another day. A shift plan should be displayed in advance and reported to the inspector where required, and workers should not be scheduled for more than 10 consecutive working days. Overtime limits also differ. Non-continuous factory work is generally limited to 20 overtime hours per week, consisting of up to 15 hours from Monday to Friday and 5 hours on Saturday. Shop overtime is generally limited to 12 hours per week and may reach 16 hours only in exceptional circumstances; shop overtime should not continue after midnight. Factory overtime is generally paid at twice the ordinary wage, excluding allowances, and piece-rate overtime is generally calculated at twice the average rate. The distinction between the ordinary wage, allowances and the overtime base should be checked against Notification 1/2025. The recorded national minimum wage is MMK 7,800 for an 8-hour day, or MMK 975 per hour, after increases taking effect on 1 October 2023, 1 August 2024 and 1 October 2025. The minimum-wage framework generally applies to workplaces with at least 10 workers and excludes small or family businesses with fewer than 10 workers. Wages are generally paid in cash, and in-kind benefits do not satisfy the minimum-wage obligation by themselves. Wages should normally be paid monthly before the seventh day of the following month; establishments with at least 1,000 workers have a later deadline of the tenth day. Lawful deductions are limited, and final wages after an employer-initiated termination should normally be paid within two working days. Leave includes approximately 15 public holidays each year according to the applicable gazette, 10 days of earned annual leave after 12 months of continuous work, and 6 days of casual leave per year. Paid medical leave can reach 30 days per year after at least 6 months of service and normally requires a medical certificate; earlier medical leave is generally unpaid. Maternity leave includes 6 weeks before birth and at least 8 weeks after birth, with an additional 4 weeks for twins. Paternity leave is 15 days. Unused leave at the end of employment should be paid within two days. Work on a public holiday generally attracts twice the ordinary rate plus any applicable cost-of-living allowance. Children under 14 may not be employed. A child worker aged 14 or 15 may work no more than 4 hours per day, may not work between 18:00 and 06:00, and requires a medical fitness certificate. Workplace safety and health are supervised under the Factories Act and related inspection powers. A work injury may fall under the Social Security Law where the worker is covered, or under the Workmen's Compensation Act where that coverage does not apply. An establishment with at least 5 workers generally has to register with the Social Security Board within 30 days after starting business. Permanent and temporary workers and apprentices are normally included. Some sectors can participate voluntarily, including certain non-business government activities, international organizations, embassies, seasonal farming and fishing, businesses operating for less than three months, non-profit organizations, family businesses and non-business domestic service. The current basic contribution calculator records 2% for the employer and 2% for the worker for health and social care, while other funds and age-related rates require checking the current rules and notifications. Benefits can include medical care, sickness cash payments of 60% of average wages for up to 26 weeks, maternity and paternity benefits, funeral benefits and employment-injury benefits. Maternity cash benefits generally require at least one year of work and six months of contributions. Social-security appeals can move from the local office to the region or state level and then to the Social Security Board Appeal Tribunal. Workers may organize under the Labour Organization Law. A basic labour organization normally requires at least 30 workers, while alternative workplace arrangements in the same sector and region can use a 10% voting threshold. Township, region or state, federation and confederation levels have separate thresholds. Registered organizations may organize, elect representatives, bargain collectively, participate in disputes and conduct a lawful strike. Employers may not control the organization or retaliate against lawful union membership or activity. Registration is targeted within 60 days. A workplace coordination committee normally has equal employer and worker representation; its members serve for one year and may address collective bargaining, workplace safety, welfare and productivity. Labour disputes may be individual or collective and may concern employment, working hours, pay, benefits, leave, safety, injury or termination. Where at least 30 workers are involved, a workplace coordination committee should attempt settlement within 5 days. Where fewer than 30 workers are involved, the worker normally approaches the employer directly for settlement within 5 days. An unresolved matter can go to the Township Conciliation Body. Collective conciliation generally takes 3 days, followed by transfer of the file within 2 days. A Region or State Arbitration Body generally decides within 7 days and delivers the decision within 2 days. An appeal to the Arbitration Council generally has a 7-day period; a national three-member tribunal generally rules within 14 days, or within 7 days for essential services, with delivery within 2 days. An unresolved individual dispute can proceed to court. Statutory labour dispute conciliation and arbitration generally have no party fee, but private legal advice, translation and travel costs are not established by that rule. Essential services can be subject to binding arbitration. A strike or lockout requires the statutory process and normally 3 days' notice, and an employer may not unilaterally change the conditions of a dispute. Termination rules should appear in the employment contract. The baseline recorded by the International Labour Organization guide is 30 days' notice by the employer or worker and a sound reason, but the exact status and implementation of Rule 14 should be checked against current official material. Severance is calculated from the last salary excluding overtime: no severance below 6 months of service; 0.5 month's salary from 6 months to under 1 year; 1 month from 1 to under 2 years; 1.5 months from 2 to under 3 years; 3 months from 3 to under 4 years; 4 months from 4 to under 6 years; 5 months from 6 to under 8 years; 6 months from 8 to under 10 years; 8 months from 10 to under 20 years; 10 months from 20 to under 25 years; and 13 months from 25 years or more. Serious misconduct, including theft, intentional property damage, weapons or explosives, serious violence, bribery, gambling or three consecutive days of absence, can remove severance rights under the applicable rules. The Department of Labour and labour exchange offices handle practical employment-contract filing. The inspection department can inspect workplaces, wages and safety records and may prosecute or refer matters. Access, timing and enforcement vary by locality and capacity. Informal, domestic and agricultural work has higher access risk even where legislation names the work. The legal framework should therefore be checked against the current law, notification, workplace category and responsible local office rather than treated as one uniform procedure.