Labour and employment—Myanmar—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Myanmar—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—Myanmar—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Myanmar published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Rajah & Tann Asia—Lester Chua; Min Thein

1. What are the main statutes and regulations relating to employment?

The main statutes and regulations relating to employment in Myanmar are the:

  1. Leave and Holidays Act (1951);

  2. Social Security Law (2012) (SSL) and the Social Security Rules;

  3. Minimum Wages Act (2013) (MWA);

  4. Payment of Wages Act (2016);

  5. Employment and Skills Development Law (2013) (ESDL);

  6. Shops and Establishments Law (2016);

  7. Labour Organisation Law (2011);

  8. Factories Act (1951);

  9. Settlement of Labour Disputes Law (2012) (SLDL) and Settlement of Labour Disputes Rules (2012); and

  10. Notification No. 84/2015 on severance payments (Notification 84).

2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

There are no dedicated laws that specifically prohibit discrimination or harassment in employment.; however, there are some general protections against discrimination accorded to Myanmar citizens under the Constitution. For example, article 349 of the Constitution provides that citizens enjoy equal opportunity in the carrying out of public employment, occupation, trade, business and technical know-how and vocation. Article 350 of the Constitution accords protection to women by providing that they be entitled to the same rights and

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