Myanmar labour confederatio formed unden r this law. Mar 06, 2017 the employment and skill development law 20 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. Section 17 a provides that wages for overtime shall be calculated according to the rates prescribed in. 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. Overview of new myanmar labour law guide the myanmar times. Law relating to overseas employment 1999 labour organization law 2011 social security law 2012 settlement of labour dispute law 2012 as amended 2014 employment and skill development law 20 minimum wage law 20 payment of wages law 2016 shops and establishment law 2016 various sectorspecific laws which contain labour. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. Republic of the union of myanmar ministry of labour. Discover the bestinclass payroll solution learn how we can help you comply with local labor law. This issue myanmar laws 2000 is theconinuation of the publication mentioned above.
Myanmar laws 1990 is under arrangement for publication in the near future. Updates on myanmar labour laws strike action employment. A primary government treasury bond market was established in 1993. Similarly, employment laws in myanmar apply equally to all employees working within the country, including those working for foreignowned companies, and employees who are transferred or seconded to myanmar for a short duration under a subsisting foreign employment contract must ensure that they comply with myanmar labour laws throughout their.
Project level impacts labour myanmar centre for responsible. Framework inspection department ministry of labour notification no. 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. Summary labour law reform in myanmar has been initiated since 2011 as an effect of political and economic policy reform and open to international collaboration and economic integration. Law in 2011 now allowing workers to form labor organiza ons and to. Mar 15, 2019 labour law in myanmar 25 th july 2019. Labour law update mgma myanmar garment manufacturers. The labor legislation does not specifically regulate independent contractors.
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. Shall not exceed 8 working hours per day or 44 hours per week shall not exceed 48. This article provides an over view of some key provisions of myanmar s labor law regime that may be relevant to. The labour organization law the pyidaungsu hluttaw law. Labour laws in myanmar asia monitor resource centre. Many laws dating back to the colonial period and postinde. Employment and skills development law 20, minimum wage law 20, payment of wages law 2016, the factories act 1951. Many laws dating back to the colonial period and postindependence period are, with more or less changes, still in force. However, gaps exist in burmas legal framework to adequately protect children from the worst forms of child labor, including with establishing a minimum age for work.
Below is a list of all known legislation in myanmar with at least some connection to labour law. Punishment of offences committed within the union of burma. I point out three ways through which trade union building is linked to labour disputes. Myanmar companies law english and burmese version from dica. The gemstone tax shall be calculated on the following basis. Workers under the age of 18 also have restrictions on night work and hazardous work see appendix 1 for more details. Labour related laws and regulation supervised by ministry of labour, immigration and population. Employment in any foreign country for a limited period of time other than the following employments this expression shall also include employment in the united nations organi.
Additional requirements under the factories act 1951 iv. The author would like to thank professor abdullahi ahmed annaim, emory university charles howard candler professor of law and richard f. The legal framework regulating employment in myanmar is found in a variety of different laws and rules enacted over the last century. The new foreign investment law of 2012 fil contains certain labor related requirements. Alr provides trainings to workers about labour rights, labour laws and the formation of unions. Myanmar labour protection is a patchwork of many different labour laws, most of which date back to the 1920s1950s. Pdf in 20, myanmars government passed a new minimum wage. Pdf law, labour disputes and trade union building in. Safety and health law, which shall complement the factories. Labour disputes have become a key driver for trade union organizing. Employers may hire a larger percentage of foreign employees for technological and managerial. Myanmar minimum wages 20152019 data 20202021 forecast. Pdf this article studies the case of a workers strike in myanmars readymade.
A guide to doing business in myanmar labor and employment. Furthermore, alr conducts research on labour rights issues, mainly in the garment industry. Before that year, international news coverage on the country was mostly related to oppression and political turmoil caused by military dictatorship. Termination in myanmar dla piper guide to going global.
This page provides myanmar minimum wages actual values, historical data, forecast, chart, statistics, economic calendar and news. A guide to myanmar labour policies employment and hr. Minimum wage minimum wage law came into force in 20 wage. Appendix a labourrelated legislation below is a list of all known. Introduction as a developing country, myanmar undergoes several challenges of labor issues to responsible business. Settlement of labour dispute law 2012 as amended 2014. This contribution shows that law and trade union building are tightly intertwined in myanmar. Copies of this document can be found at these links, but please note that this guide has not yet been updated to include the 2019 occupational safety and. The labour organization law the pyidaungsu hluttaw law no.
Since 2011, several labor laws have been amended and new laws established. As a developing country, myanmar undergoes several challenges of labor issues to responsible business. As the government rolls out new laws, it is important for employers to keep themselves updated with the new requirements. Labour related provisions in 2008 constitution of the union of myanmar. Copies of this document can be found at these links, but please. Existing myanmar labor laws 1 the employment and skill development law, 20 2 the employment restriction act, 1959 amending 3 the dock workers regulation of employment act, 1948 amending 4 the dock labourers act, 1934 amending 5 the oilfields labourers and welfareact, 1951 amending 6 the factories act, 1951 amending 7 the payments of wages act, 1936 amending 8 minimum wages law, 20 9 the leave and holiday act, 1951 amending 10 the employment statistics act. 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. Union taxation law 2019, effective from 1 october 2019. Republic of the union of myanmar ministry of labour, immigration and population noti. Official employment contract template and myanmar employment law iii.
According to myanmar s ministry of labour, immigration and population. Comparative approaches to myanmars child labor epidemic. Labour laws in myanmar are outdated, and there is no single, uniform piece of employment legislation regulating employment in myanmar. The below text is general guidance produced by smart myanmar following on advice received by several international law firms. The enforceability of a waiver of claims by an employee is not addressed by law. Overseas employment law 1999 the overseas employment law 1999 shall apply to the following types of overseas employment. Occupational safety and health law 2019 oilfields labour and welfare act 1951 payment of wages law 2016 settlement of labour dispute law 2012 as amended 2014 shops and establishment law 2016 social security law 2012 workmens compensation act 1923 as amended 2005 further, various sectorspecific laws contain labour regulations. Myanmar labour laws are currently undergoing considerable reform. Laws covering labor protection were outdated as there was not really any laws cover enough for both employers. Labour laws in myanmar by jinyoung park introduction since 2011, myanmar has been one of the main countries to draw international attention.
Moreover, it translated laws into english and published in three volumes as myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. Minimum wage minimum wage is prescribed for all organisations with more than 15 employees. The waiver of statutory rights is not regulated in the labor laws of myanmar. Minimum wages in myanmar increased to 4800 mmkday in 2018 from 3600 mmkday in 2017. The international labour organisation ilo published its guide to myanmar labour law on september 28. Laws and regulations ministry of labour, immigration and. Myanmar companies law english and burmese version from. 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 legislation of union laws region or state laws selfadministered zonedivision laws treaty precedent schedules or forms.
For a downloadable summary of labour related laws, the international labour organization has produced an ilo guide to myanmar labour law, available in several languages. The republic of the union of myanmar pyidaungsu hluttaw the settlement of labour dispute law the pyidaungsu hluttaw law no. Minimum wages in myanmar averaged 3900 mmkday from 2015 until 2018, reaching an all time high of 4800 mmkday in 2018 and a record low of 3600 mmkday in 2016. Jul 30, 2019 the labour dispute resolution system in myanmar is administered by the ministry of labour and primarily governed by the settlement of labour dispute law 2012 as amended in 2014 and 2019, the objective of which is to provide a fair and quick dispute resolution forum as an alternative to litigation and to prevent strikes or lockouts. Independent contractors can be hired directly by the company via a service agreement or an independent contractor agreement. The labour organizations, except the myanmar labour confederation and labour federation. Myanmarthe policy responses to changes in employment. Myanmar labour law 20171 myanmar gazette news media. There has been an effort by the government in recent years to update the laws and provide stronger protection for the local workforce.
Myanmar gemstone law 2019 with the tax rates as provided in the table below. The author would like to thank professor abdullahi ahmed annaim, emory university. Provisions of old labour laws may still be in force even as new laws covering similar areas are drafted and enacted. The government of myanmar has recently enacted the myanmar securities exchange law and further reforms are underway, leading towards the establishment of a stock exchange in 2015. Myanmar s child labor laws working hours myanmar s laws related to young workers are not completely consistent, but minimum working age for factories and shops is set at 14, as of january 2016. No, provided the salary complies with the myanmar s minimum wage law labour 20. Settlement of labour disputes law 2012, rules 2012, and amendment 2014. Citation and commencement of this law and definitions a this law shall be called the myanmar companies law. Vietnam, myanmar has no single, comprehensive labour code. Myanmar labour law in a single, userfriendly guide. The law revokes the social security act 1954307, and came into effect on 1 april 2014. 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. The guide also provides useful information on the international core labour standards to promote and inspire good practice on employment and labour in myanmar.
Further, the ministry of labour published a draft workplace. The labor organization law of 2011 allowed the formation of trade unions after more than five decades of prohibition. Laws covering labor protection were outdated as there was not really any laws cover enough for both employers and employees in the past before election. The following expressions contained in this law shall have the meanings given hereunder. However, after 2011, the reasons were quite different. The government has established laws and regulations related to child labor table 4.
Employment and skills development law 20, minimum wage law 20, payment of wages law 2016, the factories act 1951, leave and holidays act 1951, leave and holidays rules 2018, social security law 2012, social security rules 2012. Below is the current status of labour protection laws in myanmar. Report vacancy list with form 3 to labour exchange office. The myanmar government has carried out reform in the labor laws since 2011 to reach. 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. These would likely fall into the category of contractors which are permissible but not specifically regulated by myanmar law. Existing myanmar labor laws 1 the employment and skill development law, 20 2 the employment restriction act, 1959 amending 3 the dock workers regulation of employment act, 1948 amending 4 the dock labourers act, 1934 amending 5 the oilfields labourers and welfareact, 1951 amending 6 the factories act, 1951 amending 7 the payments of wages act, 1936 amending 8 minimum wages law, 20 9 the leave and holiday act, 1951 amending 10 the employment. Law relating to workplace safety and health pyidaungsuhluttawlaw no. Myanmar lacks most features of modern capital markets. The legal system of myanmar is rooted in common law as other previous. Punishment of offences committed beyond, but which by law may be tried within. Delivery how it works free delivery faq payment methods delivery areas. After the promulgation of myanmars labour organization law in 2011, more.
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