Myanmar labour law pdf

Ensuring compliance with the minimum wages act and other labour laws. Republic of the union of myanmar ministry of labour, immigration and population noti. Myanmar employment laws and the principle of freedom of contract, nor with the needs of many of employees and seemed to contradict notification 842015 of the ministry of labour concerning severance payments for the termination of employment contracts by the employer based on the duration of an. There has been an effort by the government in recent years to update the laws and provide stronger protection for the local workforce. Myanmar employment law luther rechtsanwaltsgesellschaft mbh. The ministry of labour, immigration and population enacts the following rules by means of using the authority provided by the leave and holiday act, section 18 a and upon the agreement of the state government. 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. Labour directorate of investment and company administration. 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 labour council and.

The guide can be useful to employers and their organizations. Section 349 b citizens shall enjoy equal opportunity in carrying out occupation. The legal system of myanmar is rooted in common law as other previous. Employment and skill development law entered into force on 1 december 20 section 5a1.

Full english language text of the 2016 payment of wages act is available for download as a pdf here. Legal system mix of common law principles, postindependence and political opening acts laws problem. Payment of wages act 2016, factories act amended in 2016, shops and establishments act amended in 2016, leave and holidays act amended in 2006, penal code 1974, child law 1993, overseas employment act 1999, antitrafficking in persons act 2005, labour organisation law 2011, settlement of labour disputes law. Ensure equal rights for local workers and avoid salary bias, i. The website about myanmar labour law collection, to provide and obtain information to employers and employees on myanmar labour laws as in one place. The myanmar laws and regulations consulted for this guide include. Rather than a single labour code, a patchwork of labour legislation covers different aspects of the. Myanmar labour laws are currently undergoing considerable reform. Employer must present the employee with an employment contract for signing within 30 days after the commencement of the employment. The minister of labor, employment and social security burmese. Working hours are generally very long but with new labour laws in place, there is a focus on reducing hours. For 50years, independe nt trade unions were prohibited, laws covering labour protection were antiquated andor restrictive,forced labour of civilians by the military a nd civil authorities was common,and child labour was widespread. Labour related provisions in 2008 constitution of the union of myanmar. 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 waiver of statutory rights is not regulated in the labor laws of myanmar. Myanmar labour law in a single, userfriendly guide. Since 2011, several labor laws have been amended and new laws established. Overview of new myanmar labour law guide the myanmar times. 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. The minimum wages law 20 the payment of wages act 2016 the factories act 1951 the leave and holidays act 1951 the social security law 2012 the workmens compensation act 1923 the settlement of labour dispute law 2012 the shops and establishment act 2016 the employment of children 1 the employment and skill development law. Where a waiver is desirable, it is recommended that employers allow an employee a reasonable amount of time to seek legal advice before requiring them to sign the waiver. Many laws dating back to the colonial period and postinde. The labor organization law of 2011 allowed the formation of trade unions after more than five decades of prohibition. Regulatory framework 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. Below is a broad overview of key points in the labour laws especially relevant. Laws and regulations ministry of labour, immigration and. Pdf myanmar labour issues from the perspective of enterprises. 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.

Employment law in myanmar is still a work in progress. Only in 2012, after the ratification of the labour organizations law, many were allowed to return to myanmar. Updates on myanmar labour laws strike action employment. Alr provides trainings to workers about labour rights, labour laws and the formation of unions. Provisions of old labour laws may still be in force even as new laws covering similar areas are drafted and enacted.

Republic of the union of myanmar ministry of labour. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. 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. Labour laws in myanmar by jinyoung park introduction since 2011, myanmar has been one of the main countries to draw international attention. Labour law also known as labor law or employment law mediates the relationship between workers, employing entities, trade unions and the government. Moreover, it translated laws into english and published in three volumes as myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. Ministry of labour, employment and social security myanmar.

The labour law pdf 38p this note describes the following details related labour law. Iclg news mccarthy denning broadens horizons in north asia and south east. Before that year, international news coverage on the country was mostly related to oppression and political turmoil caused by. Pdf along with myanmars political and economic systems, the countrys labour. Myanmar labour law 20171 myanmar gazette news media.

Legal requirements according to myanmar s labour law mgma s recomendation. Individual labour law concerns employees rights at work also through the contract for work. Collective labour law relates to the tripartite relationship between employee, employer and union. Furthermore, alr conducts research on labour rights issues, mainly in the garment industry. Minimum employment rights in myanmar dla piper guide to. The enforceability of a waiver of claims by an employee is not addressed by law. Labour related laws and regulation supervised by ministry of labour, immigration and population. Corporate governance and compliance issues regulatory framework employment employment in myanmar governed by both old and new laws and regulations, as well as internal policies and practices of the department of labour. Section 24 the union shall enact necessary laws to protect the rights of workers. Further, the ministry of labour published a draft workplace. However, myanmar labour market faces many major labour issues such as skill shortage, mismatch of education and labour market demands, weakness on labour law enforcement, limited social security coverage and awareness building on labour laws and regulations.

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. Myanmar labour protection is a patchwork of many different labour laws, most of which date back to the 1920s1950s. Employers may hire a larger percentage of foreign employees for technological and managerial. Child worker 14 to 15 years of age who completed 14th year and not yet completed 16th year from date of birth get medical certificate of fitness for work. The awareness and understanding of national labour laws, as well as international labour standards, is low among both employers and workers. Safety and health law, which shall complement the factories. Labour law update mgma myanmar garment manufacturers. These rules shall be known as the leave and holiday rules. Myanmar labour laws leave workers with raw deal in disputes ma hla hla win, a recently laidoff factory worker from rakhine state, is heavily in debt from having to send funds home to her family despite being jobless for six months.

Shops and establishment rules mol notification 682018. Myanmar employment laws and the principle of freedom of contract, nor with the needs of many of employees and seemed to contradict notification 842015 of the ministry of labour concerning severance payments for the termination of employment contracts by the employer based on the duration of an employees employment luther. Labour laws in myanmar are outdated, and there is no single, uniform piece of employment legislation regulating employment in myanmar. Myanmar law reports 1989until now international law. Myanmar labour laws leave workers with raw deal in. Labour authorities are currently in the process of drafting a foreign employment law to establish specific laws for foreign nationals working in myanmar. Labour laws in myanmar asia monitor resource centre. Labour market profile 2016 myanmar 2016 page 2 trade unions since trade union centrethe military junta coup in 1988, trade union organizations were illegal. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011.