MYANMAR

LABOUR LAW
HISTORY OF LABOUR LAW (MYANMAR)
 In 1935, Myanmar under British colony
 Labour Act (11) + Additional (10) in 1951 = 21
 In 1964, those labour Act 21 become rule base on “Labours’ basic right &
duties Law; 1964”
 Thoe 21 Rules become Law again because of revoke of “Labours’ basic right &
duties Law; 1964” in 2010.
 Then revoke three Law
 The Apprentices Act
 The Emigration Act
 The Children Pledging of Labour Act
 Then add “Law relation to overseas Employment”
 Final : 19 Law (Ministry of Labour 14 + Other Ministry 5, e.g. Mining, Port..)
LABOUR LAW (Under MoL)
1. The Employment & skill development Law (2013)
2. The Minimum Wages law (2013)
3. The Payment of Wages Act (2016)
4. The Factories Act (1951); Amendment (2016)
5. The Leave and Holidays Act (1951); Amendment (2014)
6. The Social Security Law (2012)
7. The Workmen’s Compensation Act (1923) ***
8. The Settlement of Labour Dispute Law; Amendment (2014)
9. The Shops and Establishment Act (2016)
10. The Employment of The Children
11. The Labour Organization Law (2011) ***
12. The Employment Statistics Act (1948) ***
13. The Employment Restriction Act (1959) ***
14. Law Relation to Oversea Employment (1999)
15. Occupational safety & health Law (2019)
*** Amendment process
LABOUR LAW (Under Others Ministry)

1. The Dock Workers (Regulation of Employment) Act, 1948

2. The Dock Labourers Act, 1934
3. The Oilfields Act, 1919
4. The Oilfield labour & welfare Act, 1951
5. The Mines Act
ILO & MYANMAR The ILO first established its
Liaison Office in Myanmar
in 2002 under an
Understanding between the
Government of the Union of
Established 11 April 1919 Myanmar and the
Members: 187 countries International Labour Office.
Conventions: 189 The main role of the
Gov + Employer + Employee Liaison Officer was to
support efforts for the
elimination of forced
labour in the country and
implement strategies to
address its root causes.

Membership since 18 May 1948

Comply 19 code of practice
(Convention)
 ILO Conventions ratified by Myanmar
Sr Conventions Retified data
1 Hours of Work (Industry) Convention No.1 (1919) 14-7-1921
2 Unemployment Convention No.2 (1919) 14-7-1921
3 Night Work of Young Person (Industry) Convention No.6 (1919) 14-7-1921
4 Right of Association (Agriculture) Convention No.11 (1921) 11/5/1923
5 Weekly Rest (Industry) Convention No.14 (1921) 11/5/1923
6 Minimum age (Trimmers and Stoker) Convention No.15 (1921) 20-11-1922
7 Medical Examination of Young Person (Sea) Convention No.16 (1921) 20-11-1922
8 Work Men’s Compensation (Accidents) Convention No.17 (1925) 16-2-1956
9 Workmen’s Compensation (Occupational Diseases) Convention No.18 (1925) 30-9-1927
10 Equality of Treatment Compensation (Accidents Compensation) Convention No.19(1925) 31-9-1927
11 Inspection of Emigrants Convention No.21 (1926) 14-1-1928
12 Seamen’s Article of Agreement Convention No.22 (1926) 30-11-1932
13 Minimum Wage-Fixing Machinery Convention No.26 (1928) 21-5-1954
14 Marking of Weight (Packages Transported by Vessels) Convention No.27 (1929) 7/9/1931
15 Forced Labour Convention No.29 (1930) 4/3/1955
16 Workmen’s Compensation (Occupational Diseases)Convention (Revised) No.42 (1934) 7/5/1957
17 Holidays with Pay Convention No.52 (1936) 21-5-1954
18 Statistics of Wages and Hours of Work Convention No.63 (1938) 14-11-1961
19 Freedom of Association and Protection of the Right to Organize Convention No.87 (1948) 4/3/1955
http://www.mol.gov.mm/en/special-article/
ILO Convention follow by Myanmar
ILO Convention follow by Myanmar
ILO Convention follow by Myanmar
ILO Convention follow by Myanmar
 Organization Structure of MoL (Myanmar)

Minister

DG
DG
(Immigration &
(Labor) Population)

DDG DDG

. Factory
National Dept.
Immigr Registrat Division
and Dept. of of
Dept of
SSB General ation ion and training
Labor
Labor
Citizens Popula schools
Labor Laws
Relations Dept.
Inspection hip Dept tion
Dept.
DEPARTMENT OF LABOUR

 Labour registration and issue labor card

 Vacancy announcement for Gov & Private sectors
 Minimum wages
 Employment contract
Social Security Board (SSB)
 Health & Social Care Insurance:
 Medical treatment & cash benefit for sickness, maternity &
confinement
 Funeral benefit for decease due to any cause
 Family Assistance Insurance:
 Scholastic stipend benefit for the children of the insured who
earns less than the stipulated amount of income
 Health care & aid benefit in time of natural disaster
 Suitable benefit for dependent family
 Invalidity benefit
 Unemployment Benefit Insurance:
 Health car to persons who are entitled to unemployment benefit
 Cash benefit for unemployment
Factories & General Labour Laws
inspection Department
 Inspection: Overtime
 Safety of work place
 Cleaning & health support to workers
 >200 workers, 1 clinic
 <200 workers, must have First Aid Kit
 Accidental case (Injury or death) need to inform within 24hrs
 Give knowledge, explanation about current labour laws
Department of Labour Relations

 Handle labour dispute

 Strike case
 Negotiation between employee & employer
 Make decision for dispute which related with labour law.
(1)The Employment & Skill Development
Law (2013)
 1) Employment
 To make employment contract within 30 days. (For private sectors)
 Not related with training period or probation period
 Employment contract must be include following facts:
 Job category Meal arrangement during working hrs
 Probation period Work place
• Rule & regulation for employee
 Wages / salary Medical tretment • If employee attend training arranged by
employer, bond for determining period
 Work address Ferry & traveling
• Resignation & termination
 Contract period • Cancelation of employment contract
 Working hr agreed by employer & employee
• Others
 Leaves & holidays • Amendment or addition of Employment
 Overtime Contract
• General
• Contract shall not be less than those in existing laws.
• Employment Contract to the concerned Labour Exchange Office for confirmation.\
 The Employment & Skill Development
Law (2013)
Skill development committee

Occupational competency standard Skills Assessment & Certification

Training committee Committee

Skill development
fund

Skill Training Centre Skill Assessment Centre

International recognition of skill full

certificate
The Employment & Skill Development
Law (2013)
 2) Skill development
 (a) Creation of employment opportunities
 (b) Implementing measures to reduce unemployment
 (c) Carrying out to enhance discipline and capacity of the workers
 (d) Carrying out for the skills development of the workers
 (e) Forming and guiding the Employment and Skills Development agencies
The duties and functions of the Skills
Development Agency
(a) Drawing up and prescribing Occupational Competency Standards for

the various categories of occupations.

(b) Making policy regarding skills development of workers taking into
consideration priority of different skills areas.
(c) Prescribing procedures for the assessment of skills.
(d) Registering Training Centres or Skills Assessment Centres.
(e) Prescribing procedures for assessment and certification of skills.
(f) Managing by establishing the Skills Development Fund for the
workers.
(g) Supervising its committees and sub-committees.
Occupational Competency Standards and Training
Committee shall undertake the following:

(1) Drawing up precise occupational competency standard based on international

standards, according to types of occupations and levels of skills.
(2) Developing curricula and standards of training in line with the occupational
competency standards.
(3) Prescribing the qualification of instructors.
(4) Prescribing the standards of machinery, equipment and training aids of the
training centres.
(5) Registering of training centres and training programs.
(6) Coordinating for the skills development on technology.
(7) Checking the application for registration of training centres and submitting
the applications to the Skills Development Agency.
Skills Assessment and Certification
Committee shall undertake the following:
(1) Drawing up assessment standards based on occupational skills standards for
skills assessment.
(2) Registering of skills assessment centres and skills assessment programs.
(3) Checking the application for registration of skills assessment centres and
submitting the applications to the Skills Development Agency.
(4) Prescribing quality assurance mechanisms and functions for developing the
assessment plan, assessors qualification and assessment center.
(5) Coordinating for the skills development on technology.
(6) Holding skills competitions by prescribing level of skills for occupational skills
development.
(7) Awarding certificates to those who excel in the skills competitions.
 Implementing Training Programs and
Skills Development of Workers
 Employer shall conduct occupational training to enhance the skills of workers who are
to be employed as well as workers who are presently employed in accordance with the
requirements of the enterprise and the policy of the Skills Development Agency.
 Employer may:-
(a) in implementing programs of training to enhance the skills of workers, conduct in-
house/ in-plant training, systematic on-the-job training, send his workers to outside
training courses, conduct training by means of information technology either individually
or in groups of employers for individual or groups ofworkers.
(b) employ young persons who have completed (16) years of age as apprentices in
accordance with the regulations made by the Skills Development Agency and train them in
the various skilled occupations.
Notification #140/2017, Aug 28th
(Revised employment contract) by MOL
Probation Period/Date of Commencement of Employment

(a) The Probation Period is three months, starting from the date of appointment
of the Employee

(b) The date of commencement of the employment is __________ .

Note: If the Employer deems a Probation Period unnecessary, the Employer may
appoint the Employee directly as (permanent) staff.
 Resignation and Termination
 (1) Upon confirmation of employment, the Employee shall, if desirous of
resigning from work, give at least one months’ notice in advance to the
Employer, Manager or Administrator.
 (2) Upon confirmation of resignation, the Employee shall return the salary
card, employee card, work-related equipment, materials, accounts, moneys
and assets entrusted to Employer.
 (3) The Employee shall give at least one months’ prior notice to the Employer
if the Employee is desirous of resigning from work. The Employer shall permit
the resignation with disbursement of any outstanding salary/wage for the
days actually worked and remaining earned leave days, but shall not be
required to pay severance pay to the Employee.
 (4) Any Employee who attended training paid for by the Employer shall be
subject to the relevant provision of the Employment and Skills Development
Law (2013) in the event of a resignation from work in accordance with the
above sub-sub-paragraph (3).
Implementing Training Programs and
Skills Development of Workers
 Termination
 (1) If the Employer terminates the employment of the Employee, the
Employer or a person on behalf of the Employer shall sign and give the
Employee an official notice and keep records of the reason for the
termination. The Employer shall solely be responsible for all matters
regarding the termination or dismissal of the Employee.

 (2) If the Employees violate the prescribed rules, the Employee shall – for
ordinary misconduct – be given a written warning for the first violation, a
written warning for the second violation and sign an undertaking for the third
violation. In the event of any further violation within twelve months after the
third violation, the Employer may terminate the employment of the Employee
without payment of severance pay/compensation. If the Employee does not
commit any further violation within twelve months from the third violation or
if no other violation is committed within twelve months after a case of
ordinary misconduct, all previously committed violations shall be cancelled.
Implementing Training Programs and
Skills Development of Workers
 Termination
 (3) Other than in accordance with above sub-sub-paragraph (1), the Employer
may terminate the employment by giving at least one months’ prior notice to the
Employee and payment of severance pay in accordance with the applicable
labour laws. The Employee shall however not be dismissed in contravention of
provisions of law and regulations.

 (4) In the absence of a Labour Organization, the Employer shall coordinate with a
Labour Affairs Negotiation Work Committee in respect of redundancies and
termination of employment of Employees. If a Labour Organization has been
formed, a representative of the Labour Organization and a representative of the
Labour Affairs Negotiation Work Committee shall jointly negotiate with the
Employer or his representative.
 Termination of Employment Contract
 The Employment Contract may be terminated for the following
reasons:
 (a) Winding up of the factory/workshop;
 (b) Cessation of the Employer’s business by reason of unforeseeable
events; and/or
 (c) Death of the Employee.
 Contractual Obligations
 Obligations of the Employer:
 (1) The Employer shall not discriminate or deny equal treatment to the
Employee based on union membership, race, religion, gender or age;
 (2) Foreign Employers, supervisors, professionals and family members shall respect

and abide by the applicable laws as well as the culture and customs of the
Republic of the Union of Myanmar;
 (3) The Employer shall respect and comply with the applicable laws of the
Republic
of the Union of Myanmar;
 (4) The Employer shall have the right to sue and be sued in accordance with the
applicable laws;
 (5) The Employer shall inform the Employee about their rights and benefits of the
employment; and
 (6) The Employer shall give special priority to workplace safety and health in
 Employee’s obligations
(1) The Employee shall comply with instructions issued in accordance with
needs of the enterprise concerning the workplace safety and health;
(2) Before entering the workplace, the Employee shall wear workplace safety
equipment as prescribed in accordance with the operational needs of the
Employer;
(3) The Employee shall refrain from consuming intoxicants or causing
harassment, danger or physical harm to colleagues at the workplace and
during working hours;
(4) The Employee shall not, without permission, disclose confidential
information of the Employer. The Employee shall not extract, use, copy,
remove, delete and/or carry outside any documents, accounts and/or records
related to the business of the Employer;
(5) The Employee shall abide by the rules and regulations issued from time to
time upon mutual agreement between representatives of the Employer and
Employee;
(6) The Employee shall pay taxes and fees in accordance with the applicable
laws;
(7) The Employee shall respect and comply with the applicable labour laws;
(8) The Employee shall have the right to sue and be sued in accordance with
the applicable laws.
Service Year Severance Pay (Noti
#84/2015) 3rd July
 More than 6 months but less than 1 year Last drawn salary for 0.5 month
 More than 1 year but less than 2 years Last drawn salary for 1 month
 More than 2 years but less than 3 years Last drawn salary for 1.5 months
 More than 3 years but less than 4 years Last drawn salary for 3 months
 More than 4 years but less than 6 years Last drawn salary for 4 months
 More than 6 years but less than 8 years Last drawn salary for 5 months
 More than 8 years but less than 10 years Last drawn salary for 6 months
 More than 10 years but less than 20 years Last drawn salary for 8 months
 More than 20 years but less than 25 years Last drawn salary for 10 months
 25 years and upwards Last drawn salary for 13 months
(2) MINIMUM WAGES LAW (2013)22 March
 Objective:
 To fulfil basic need of workers & their family
 To increase competence
 To increase competitiveness

 Entitle enterpirce
 Trading
 Production
 Services
 Agriculture & Farms
 Basic facts to determine minimum wages:
 Need of workers & their family
 Current wages
 SSB benefits
 Basic cost changes (e.g. Food, Cloth, place)
 Social class to be harmonized
 Employment opportunity
 GDP & GDP / capital
 Notification # 2/2015 (28 Aug 2015)
 Effective on 1st Sep 2015, minimum wages K450/hr, K3,600 / day
 Not entitle for workers <15 & family business.
 Minimum wages ++ (e.g. bonus)

 Notification # 2/2018 (14 May 2018)

 Minimum wages K600/hr, K4,800/day

Note: Noti #2/2015 was influenced by Noti # 2/2018

(3) The payment of wages law (2016) 25
Jan 2016
 Wage
 Fee and salary
 The followings are not included in this expression:
 travelling allowances
 temporary expenses
 cash benefit under Social Security Scheme
 contribution paid for employee under any existing law
 allowances for accommodation an0 me-at, etectricity chargei, water
service charges and taxes
 medical treatment allowance
 compensation for dismissal and gratuities
 pension and retirement gratuities
 Methods and Time of Payment of Wages
 shall pay wages to the workers employing in his business in local cuffency
or foreign cuffencies stipulated by the Central Bank of Myanmar. Such
payment may be paid in cash or cheque or deposit into the bank account
of the worker with the agreement between the employer and the worker.
 In paying such wages:
 if it is necessary to pay particular benefit, profits and opportunities for
workers working in commerce, production and service businesses, it may
be paid in cash or some in cash and some in things set up by local price on
own volition of workers in accordance with the stipulations.
 If any worker is conscripted under the Public Military Service Law, the
(60) days of wages shall be paid as a special right.
 Time
(a) shall pay wages at the end of the work or at the time agreed to pay to
the worker for hourly, daily, weekly or other part time work, or temporary
or piece work;
(b) shall not exceed one month than the period agreed with the worker
under sub-section (a) to paY wages;
(c) shall pay the wages for the permanent work monthly. In making
such payment:
(i) if workers are not more than 100, wages shall be paid at the end of the
period for payment of wage;
(ii) If workers are more than 100, it shall be paid no later than five days
after the end of the period for payment of wage;
(d) shall pay the due wages within two working days from the date of
termination, if a worker is terminated;
(e) shall pay the wages at the end of the period for payment of wages, if
a worker resigns on his own volition by sending prior written notice
of resignation;
(f) shall pay the due wages to a legal heir within two working days
after the decease, if a worker is deceased;
(g) shall pay all wages on a working day.
 If an employer encounters difficulties to make payment under sub-section
(c) of the Section 4 due to any unexpected condition, including natural
disaster, the employer shall submit that which date has been altered for
the payment of wages with the consent of the workers to the Department
on reasonable ground.
 The Department may, with the approval of the Ministry, allow the
employers to postpone payment within the appropriate time under
stipulated conditions, if it is scrutinized that the submission under
Section 5 should be allowed'
 Deduction from Wages
(a) Can deduct from wages for absences except when such absence is during
a public holiday or entitled leave, according to the law.
(b) Accommodation charges and transportation charges, meal allowances,
charges for water and electricity, taxes and errors in payment shall be
allowed for deduction.
(c) Can deduct from pre-issued, expensed and saved (or) contributed amount
according to the law upon the employee contract.
(d) The Employer can deduct with the judgment of the Court of Arbitrator
Jury Council.
 The Employer cannot deduct except the deduction in accordance with
Section 7 and Section 11.
 The total amount of other deductions, except when the employee fails
to perform their duties, shall not be more than 50% of the employee’s
wages.
 The Employer must…
(a) According to Section 11 of this Act, get permission from the Department
concerning “why” and “how” prior to making deductions from wages.
(b) Permissions stated in sub-section (a) shall be publicly posted.
(c) Fines must not exceed the value of damage caused by the action or cost
of performance failure of the employee.
(d) According to Section 4 of this Act, when making a specific deduction…
(1) Do not deduct without allowing an appeal from the Employee.
(2) Do not deduct more than 5% of the monthly wages.
(e) No deduction is allowed from a worker under 16 years old.
 The Employer must…
(f) The timeframe for deductions shall be set upon an agreement from both
sides.
(g) Deductions shall be carried out within the limited timeframe upon the
agreement of the Township Arbitration Council set in accordance with Law.
(h) Every deduction must be well documented.
(i) You must submit a monthly report to the Department concerning
deductions.
(j) Fines deducted according to Section 11 sub-section (b) must be used for
the social welfare of the employees upon discussion with a registered labor
organization.
 Employers shall fine for the following actions or performance failure by
the employees…
(a) Direct damage which is either intentional or due to negligence or due
to the failure of the employee concerned with company property to take
proper care.
(b) A breach of the employment contract or breech of any rules for which
a fine had been previously set.
 If a worker…
(a) Encounters any one of the following situations, he/she shall ask directly
or via a registered Labor Organization or by the in-house Workplace
Coordination Committee to the Employer:
(1) Any unreasonable deduction from wages
(2) Payment which is not made by the due date.
(b) If the Employer takes no action, although asked in accordance with
Section 12 Sub-Section (a), the Employee can present this to the Inspector
within 6 month from the date of the deduction or from the date of the
failure to render payment.
(a)The Inspector shall issue a decree after reviewing the case presented
in accordance with Section 12 Sub-Section (b).
(b) Not only the Employee, but also the Employer, has 30 days to appeal to
the Chief of Inspector if they are not satisfied with the order.
(c) The Chief of Inspector shall decree after reviewing the appeal applied in
accordance with Sub-Section (b).
(d) The Chief of Inspector’s decision will be the final decision.
(4) Factories Act (1951) & Amendment
2016
 Factory
means any premises including the precincts thereof whereon ten or more
workers are working, or were working on any day of the preceding twelve month,
and in any part of which a manufacturing process is being carried on with the aid
of power or is ordinarily
so carried on and also includes such premises whereon twenty or more workers
are working , or were working on any day of the preceding twelve months , and
in any part of which a manufacturing process is being carried on without the aid
of power or is ordinarily so carried on, provided that this does not include a mine
subject to the operation of the Mines Act;
 Health
 Cleanliness
 Effective arrangements for the disposal of wastes
 Ventilation and equable temperature
 Dust and fume
 Humidification
 Overcrowding
 Lighting
 Drinking water
 Latrines and urinals
 Spittoons
 SAFETY
 Fencing of Machinery
 Work on or near machinery in motion
 Employment of young persons on dangerous machinery
 Devices for cutting off power
 Shuttling engine
 Casing of new machinery
 Prohibition of employment of women and children near cotton openers
 Hoists and lifts
 Cranes and such other lifting and hoisting machinery
 Revolving machinery
 Pressure plant
• SAFETY
• Floors, passages, stairs and means of access
• Pits, sumps, openings in floors, etc
• Excessive weights
• Protection of eyes
• Precautions against dangerous fumes
• Explosive of inflammable dust, fume, etc
• Arrangement to be made against cases of fire
• Power to require specifications of defective parts or tests of stability
• Safety of buildings and machinery
• Power of President to make rules to supplement this Chapter
 WELFARE
 Washing facilities
 Facilities for storing and drying clothing
 Facilities for sitting
 First aid appliances
 Canteens for workers
 Rest sheds, rest rooms and lunch rooms
 Creches
 Powers of President to make rules to supplement this Chapter;
 SPECIAL APPLICATIONS AND EXTENSIONS
 Dangerous operations
 Submission of notice of certain accidents
 Submission of notice of certain diseases
 Power to direct inquiry into cases of accident and disease
 Power to take samples
 Building operations and other works of engineering
 Docks, wharves, quays, warehouses and ships
 WORKING HOURS
 Working hour not more than 8hr /day
 44 hr/week . 48 hr/week  for the work which has to be done continuously

Eg.1. Monday to Friday – 8 hr x 5 days = 40 hr

44 hr
Sat- 4 hr 4 hr
Sunday: Off
Eg.2. Monday to Sat – 7:20 hr x 6 days = 44 hr
Sunday: Off
Eg.3. Monday to Sat – 8hr x 6 days = 48 hr
Sunday: Off
 Rest time
 Minimum 30 minutes interval for 5 hr continuous work (Section -63)
 Give 30 minutes rest time before overtime work
 Can not be more than 10 hr (Working hr + interval time) (Section-64)
 Off day
 Once a week (Section -60)
 If necessary to work at off day, give compensation leave before or after 3
days of work off day. (Section 60-(1). a )
 Compensation leave can be given during coming two calendar month.
(Section-61 (1)
 Over time
 If more than 8 hr / day or (44/48 hr) / week
 If continuous work nature, OT can total 16 hr / week
 If ordinary work, OT can total 20 hr / week
 OT not more than 3 hr / day

Note: Need to inform about OT plan to work place law inspection department
before 3 days
 OT Calculation
 For salary earners:
 Overtime wage per hour = {(salary x 12 month) / 52 week x 44 (48) hrs} x 2

 For daily wages worker:

 Overtime wage per hour = {(daily wage x 6 day) / 44 (48) hrs} x 2

 Piece-work labourers:
 Overtime wage per hour = {(daily average wage x 6 day) / 44 (48) hrs} x 2
Factory Act (Amendment)

 Effective arrangements shall be made in every factory for the disposal of

wastes and effluences due to the manufacturing process carried on therein.
(Section 14, Ka,1)
 Employer has to arrange suitable work for women worker who has period and
recommendation by doctor (Section 36,2,3)
 Employer has to give not heavy task to pregnant worker without affecting her
wages (Section 36, 2, 4)
Factory Act (Amendment)

 Employer has proper arrangement to protect affect of hearing sense & health
by noise level & accident. (Section: 37, Ka)
 Employer has to arrange for in-charge, supervisor, workers to attend work
place safety training given by training centers which recognized by MOL to
reduce accidents and workplace diseases (Section:43.Ka)
 Employer has to arrange creches for under five years of their children which
need to get support from Ministry for more than 100 mothers workers. If less
than 100, employer need to arrange suitable creches. (Section:50,1)
Factory Act (Amendment)

 If requirement of task to work at weekly holiday, employer has to get

agreement from workers and inform to labour office before three days and
need to get approval. (Section:60.1.kaka)
 Employer can not give job to young workers who can affect health, disturb
opportunity for learning, danger , moral, dignity and profiteer (Section:75,ka)
 Employer can not allow to work for adolescent who not get illegible doctor’s
recommendation to work for working hr between 6pm to 6 am. (Section:
78,2,3)
(6) The Social Security Law (2012)

 Social Security System and Benefits

 Applicable Establishments
 industries which carry out business whether or not they utilize
mechanical power or a certain kind of power, businesses of
manufacturing, repairing and servicing, or engineering businesses,
factories, warehouse
 Government departments
 development organizations (YCDC)
 financial organizations
 companies, associations, organizations, and their subordinate
departments and branch offices which carry out business;
 shops, commercial establishments ………
Social Security System
Insurance System Employer Employee Total
1 Health & Social care
insurance 2% 2% 4%
(Sick, Maternity, medical
treatment, death)
2 Family Assistant insurance
(Education , Natural
deserter)
3 Employment Injury Benefit 1% 1%
4 Invalidity , superannuation, 3% 3% 6%
survivor , Benefit
5 Unemployment Benefit 1% 1% 2%
6 Social Security Housing Plan 25%
fund

Note: SSB accept salary K300,000 is maximum amount for calculation

(1) Health & Social care insurance

 Medical treatment
 Sickness
 Right to take medical treatment at the permitted hospital or clinic for a
period up to 26 weeks or up to 52 weeks or to a period specifically stipulated
by the Social Security Board

 Cash benefit
 60 percent of average wage of the previous four months as cash benefit
relating to sickness up to 26 weeks
Health & Social care insurance
 Medical treatment
 Pregnancy and Confinement
 maternity leave for six weeks before confinement and a minimum of eight
weeks after confinement, up to a minimum of 14 weeks in total. Moreover, the
right to enjoy another four weeks after enjoying maternity leave for child care if
it is the twin delivery;
 70 per cent of average wage of a year as benefit relating to maternity for the
period of maternity leave
 50 per cent of average wage of a month as maternity expenses for single
delivery, 75 per cent of average wage of a month for twin delivery, and 100 per
cent of average wage of a month for triplet delivery and above
 70 per cent of average wage for the period of maternity leave miscarriage
contained (6 weeks)
 the right to take medical treatment for her child up to one year after
confinement;
 Adoptive child under one year, get 70% of average wages up to 8 weeks, enjoy
leave not exceeding eight weeks
Health & Social care insurance
 Paternity benefit for confinement
 The right to enjoy 70 per cent of average wage of previous one year
as benefit x 15 days
 Maternity expenses (wife not SSB membership)25% for single delivery,
37.5% for twin delivery, and 50% for triplet delivery and above
 The Right to Take Medical Treatment for Retired Persons
 The insured Civil Services after retiring or the insured after receiving
invalidity benefit and superannuation benefit
 a person who had paid contribution for 180 months and above
 Benefit of Funeral Expenses
 If the insured is deceased of occupational injury or any other cause
 he is entitled to enjoy up to a maximum of five times of the average
wage of a month within the last four months
(2)Family Assistance Insurance System
Benefits (Section:31)
 In respect of the scholastic stipend for children
 if an insured who has paid contribution for a minimum of 36 months and
who earns less than the stipulated amount of income has the children
learning a full time education, he is entitled to enjoy scholastic stipend
from family assistance fund in accord with the stipulations

 for the children born of an insured couple who earn less than the
stipulated amount of income, only one insured is entitled to enjoy
scholastic stipend contained in clause(i).

 after the contribution had been paid for a minimum of 36 months prior to
natural disaster and his own properties are lost due to the natural
disaster, 40 per cent of average wage of a month within one year before
such day as cash assistance and relief materials provided by Social
Security Board.
(3) Employment Injury Benefit (Section:52)
 Employment Injury Benefit
 Temporary Disability Benefit
 Free medical treatment in addition to temporary disability benefit of 70 per cent of average
wage within four months prior to occupational accident shall be entitled to enjoy
commencing from the date of incapacity for work, to a maximum of 12 months. (Section
#55)
 Permanent disability benefit (Section #58)
 The person who suffers loss of capacity for work is entitled to permanent disability benefit
calculated based upon 70 per cent of average wage of a month contained in section 57, with
percentage of loss of capacity for work, as specified hereunder
 (a) in case of loss of capacity for work is 20 per cent and under, the right to enjoy monthly
cash benefit entitled to such person for five years in lump sum;
 (b) loss of capacity for work is from over 20 per cent to 75 per cent, the right to enjoy
monthly cash benefit entitled to such person for seven years in installment or in lump sum
according to the desire of that person;
 (c) loss of capacity for work is over 75 per cent, the right to enjoy monthly cash benefit
entitled to such person for nine years in installment, or in lump sum, or in monthly
installment until death according to the desire of that person
 if the medical certificate is submitted that permanently disabled person contained in sub-
section (c) requires the constant attendance of another person, the right to enjoy the
supplement of 10 per cent of his benefit in installment, or in lump sum, or in monthly
installment until death according to the desire of that person
  Survivors' Benefit for Occupational Decease (Section #62)
 based on contribution period according to the average wage
within four months before that insured is deceased
 (i) if it is contributed 60 months and under, 30 times of an
average wage for a month;
 (ii) if it is contributed over 60 months to 120 months and under,
50 times of an average wage for a month;
 (iii) if it is contributed over 120 months to 240 months and under,
60 times of an average wage for a month;
 (iv) if it is contributed over 240 months, 80 times of an average
wage for a month;

(i) wife or husband of the deceased;

(ii) if there is no wife or husband of the deceased, children of that person;
(iii) if there is no wife, husband and children of the deceased, mother and father of that person
 (4) Invalidity, Superannuation & Survivor benefit

 Invalidity (Section:32,33)
 if contribution has been paid for 180 months before permission of medical certificate for invalidity, the
right to enjoy 15 times of average wage of a month obtained by him during the period of such
contribution in installment or in lump sum according to his desire (Section: 33,A.1)
 if contribution has been paid for more than 180 months, relating to such period of contribution in
excess, the right to enjoy additional benefit contained in clause (i) in accord with the stipulations;
(Section:33, A.2)
 in case where contributions has been paid for 12 months and above but under 180 months, the right to
enjoy 40 per cent of contribution paid by the employer and by that insured together with interest in
accord with the stipulations;
 in case where contribution has been paid for less than 12 months, the right to withdraw the money
contributed by that person in lump sum.
 When the insured obtains the right to enjoy invalidity benefit, the employer is entitled to obtain 25 per
cent of his contribution for 12 months and above paid to the fund contained in clause (iii) of sub-section
(a) of section 15 together with interest in accord with the stipulations.
 Age Limit for Superannuation and Cash Benefit (Section: 35)
 if contribution has been paid for 180 months before superannuation, the
right to enjoy 15 times of an average wage of a month for the period
contributed of that insured in installment or in lump sum according to his
desire; (Section:35,A,1)
 if contribution has been paid for more than 180 months, relating to such
period of contribution in excess, the right to enjoy additional benefit
contained in clause (i) in accord with the stipulations; (Section:35,A,2)
 in case where contribution has been paid for 12 months and above but
under 180 months, the right to enjoy 40 per cent of the contribution paid
by the employer and by that insured together with interest in accord with
the stipulations; (Section:35,A,3)
 in case where contribution has been paid for less than 12 months, the
right to withdraw the money contributed by that insured in lump sum.
(Section:35,A,4)
 When the insured obtains superannuation benefit, the employer is
entitled to obtain 25 per cent of his personal contribution for 12 months
and above paid to the fund contained in clause (iii) of sub-section (a) of
section 15 together with interest in accord with the stipulations. (Section:
35,B)
 Survivors' Benefit for Decease not owing to Employment Injury (Section:36)
 When the insured is deceased for any other cause not owing to employment injury
before the age for superannuation
 a person nominated by the insured is entitled to enjoy survivors’ benefit which
is the same as the invalidity benefits contained in section 33, (Section:36,a)
 If no nominated person: (Section:36,b)
(i) wife or husband of the deceased;
(ii) if there is no wife or husband, children of the deceased;
(iii) if there is no wife, husband and children, mother and father of the deceased;
 if there is a person who is entitled to benefits contained in subsections (a) and
(b), the employer is entitled to obtain 25 per cent of contribution for 12
months and above paid by him to the fund for invalidity benefit,
superannuation benefit, and survivors’ benefit together with interest in accord
with the stipulations; (Section: 36,c)

 if there is no person who is entitled to benefits contained in sub-sections (a)

and (b), the employer has the right to draw his contribution paid into the fund
for invalidity benefit, superannuation benefit, and survivors’ benefit together
with interest in accord with the stipulations. (Section:36,d)
(5) Unemployment Benefit
(Section:37)
 The insured shall be entitled to enjoy unemployment benefit if he has paid
contribution for a minimum of 36 months
 Period and Benefits of Unemployment Benefit
 if he has paid contribution up to 36 months, he is entitled to enjoy 50
percent of average wage for a month within the previous one year as
the unemployment benefit monthly up to two months.
 If he has paid contribution for more than 36 months, unemployment
benefit shall be entitled to enjoy additional one month each for every
additional 12 months of contribution.
 However, total period of unemployment benefit shall be entitled to
six months only;
 if he is married at the time of unemployment, additional cash
awarded by the Social Security Board which is not exceeding 10 per
cent of unemployment benefit
(6) Other Social Security Systems
(Section:2)
 A person who has paid voluntary contribution to the fund for Social Security
Housing Project contained in clause (vii) of sub-section (a) of section 15
relating to the Social Security Housing has the right to live, hire, use, own,
purchase, sell or transfer by any other means and to obtain loan in priority for
enabling to purchase that housing in accord with the stipulated terms and
conditions.
(7) Workmen’s Compensation Act,1923 Amend
 Compensation entitle following situation:
 Within working hour
 Within working compound
 During task & duty
 According to work ….
 Get accident and lost of organs or death

 Notification #1/2005 (Amendment of “Workmen’s Compensation Act 1923)

 Labour = Manual labour / & not entitle others who get wages K40,000/month
(8) The settlement of labour dispute
Law (2012)
 Workplace Coordinating Committee
 Ground level of factory
 More than 30 labours
 Two labour representatives from each labour organization
 Form same qty of labour & employer rep.
 Validity 1 year, meet once a month
 If negotiation fail, go to township level
The Cancellation Body (Township)

 Organized by State / Division government for each township

 Township level employer; 3, labour;3 , government ; 3 person + honorable
person; 2.. Total 10
 Validity – 2 years
 Cancellation, if no solution submit to State / Division.
The Dispute Settlement Arbitration Body

 Each State / Division organized Arbitration Body

 Organized by MOL
 Division level employer (3), labour (3), Government (3), honorable person (2),
 Validity: 2 yr
 Decide within 7 days / inspect, if necessary can be repaired.
The Arbitration Council

 Only one State level Arbitration Council , organized by Government.

 Gov; 5, Employer; 5, Labour (5) …Total (15) person
 Validity – 2 yr
 Decide base on Judgment, no bias
 Amendment
 Within 14 days.
 Settlement of labour dispute System

Collective Dispute
Individual Dispute
Factory/ work place
coordination
Factory level committee 3 days Agree
Coordinating body
Township
Conciliation body 7 days

Conciliation Body Division 7 days

Arbitration body

Competent Court Lock-out Arbitration

Strike Council
7 days
Tribunal

dDecision
(9) The shops & establishment Act (2016)

 Purposes
(a) To fix working hours for the workers working in shops and
establishments.
(b) For the workers to receive rightful wages.
(c) To have occupational safety
(d) To protect rights for health
 Shop means any premises used wholly or partly for the wholesale or retail sale
of commodities or articles either for cash or on credit or on installment. (hair
dressing, beauty culture, body fitness, goldsmith…. Etc)

 Commercial establishment means an establishment in which there is

conducted the business of an advertising, commission, forwarding or
commercial agency. This expression includes a clerical department of a factory
or of any industrial commercial undertaking, an insurance company, joint stock
company, bank or broker’s office, an advertising, or employment agency or
service agency or private education institution, or private hospital and clinic,
hotel, motel, inn, and travelling agency, gates for collection toll fee.
 Establishment for public entertainment means a cinema or theatre or any
hall for entertainment, club, or video house, or karaoke lounge, or game
stations with the help of computer and electronic equipment, or amusement
parks or public garden and park, or health fitness center, or and any child
playground.

 Establishment means not only the commercial establishment and

establishment for public entertainment but also the other establishments
which are announced by notification, by the Ministry as the establishments
covered by this law.
Provisions related to Working Hours

 Working hours and closed hours of work

 (a)- Every shop and commercial establishment shall remain closed between 11
pm and 5 am but any customer who was buying, or is waiting in the shop to
be served at 11 pm may be served during the period of 30 minutes
immediately following such hour.
 Every establishment except the establishment for public entertainment
including theater, entertainment and free-show shall remain closed between
1 am and 5 am.
 Shall not open his / her shop or establishment 24 hour without permission
 Employer, due to the nature of business, desires to open any of the following
shops, commercial establishments and establishment for public entertainment
for 24 hour a day, may do so by delivering a prior notice to the department.
 (a) shops in the airport, harbour, high-way bus terminus, rail-way stations, toll-
gates , hotels, motels, guest-houses, lodging houses and clubs.

 (b) hospitals, clinics, shops dealing mainly in medicines, and related appliances. .

 (c) Services which provide public with electricity, gas or water supply or with
telecommunication, and the essential services, shops and establishments
exempted by order issued by the ministry.
Working hour

 (a) No person employed in a shop or establishment shall be required or

permitted to work in such shop or establishment for more than 8 hours in any
one day and for more than 48 hours in any one week, provided with their own
consent, any person can work overtime for more than 8 hours in any day and
for 48 hours in any one week under this law.

 (b ) The total number of hours so worked overtime by such persons shall not
exceed 12 hours for any one week. (2 hr / day x 6 working day)
But, if there is a special matter to do overtime work, it should not
exceed 16 hours for any one week. (2hr 40min / day x 6 working day)
Moreover, overtime work shall not extend beyond the 12 midnight.
 (a) No person employed in a shop or establishment shall be required or
permitted to continuously work in such shop or establishment for more than 4
hours any one day unless he/she has been allowed an interval for rest of at
least 30 minutes. Moreover, the period of work and intervals for rest of each
person employed in a shop, commercial establishment or establishment for
public entertainment shall not extend over more than 11 hours in any one
day.

 (b) No interval for rest contained in sub-section (a) may be needed to be

provided for persons employed as caretakers or watchmen.
Working age

 (a) No person under the age of 14 shall be required or permitted to be

employed in a shop or establishment.

 (b) No person who has not attained the age of 16 shall be required to work
overtime exceeding the working hours in any shop, commercial establishment
or establishment for public entertainment.
 (a) Any person who has attained the age of 14 but not attained the age of 16
certified by the registered medical practitioner, may be employed to work for not
more than 4 hours in any one day. The periods of work and interval for rest shall
not exceed 5 hours.
 (b) Such person shall not be required or allowed to work between 6 pm and 6 am.
 (c) Such person who has already worked in a shop or establishment shall not be
required or allowed to work in another shop or establishment in the same day.
 (d) No person who has attained the age of 18 shall be required or allowed to
work the prescribed dangerous work or in the dangerous workplace.

 (e) The persons who have not attained the age of 18 but already attained the
age of 16, and completed the relevant vocational trainings, and know and
abide by the directives relating to the occupational safety and health, are fit
to work may, certified by the registered medical practitioner, be allowed to
work in the trades which are safe and do not affect the development and
morale of such persons.
Weekly off day

 (a) Every shop and establishment shall fix at least a holiday in each week for
the employers, and employee thereof shall be allowed holiday on that day.

 (b) No deduction shall be made from his/her wage for his/her being granted
holiday for that day contained in the above sub-section (a).
Pay day

 All wages payable to any person employed in any shop or establishment shall
be paid by employer not later than the seventh day of the month immediately
succeeding that in respect of which such wages are payable.
 Employer -
 (a) shall calculate the wage payable to any person in respect of overtime
work at the rate prescribed in this law.
 (b) shall, under the above sub-section (a), not ask any person to work
overtime without providing the calculated overtime wages.
The General Duties of the Workers

 The workers shall -

 (a) follow and observe any terms and conditions prescribed in his/her
employment contract under the Employment and Skill Development Law.
 (b) try to keep or maintain the goods or any tools in good conditions.
 (c) try to meet the work-load and to thrive the business within such manner
to his/her best of abilities.
 (d) request to relevant employer systematically with respect to his/her legal
rights and benefits under the law.
The General Duties of the Employer

 Any employer of shop or establishment shall, with the copy of the license
granted and issued by the relevant department and committee, notify to the
concerned inspector under the prescribed conditions before the start of
operation, changing location, changing another type of business or
production, extension of current business or production, changing of
ownership or termination or termination of business and hiring or changing of
staff.
 For the purpose of this law, any employer –
 (a) shall arrange documents, registers, agreement contract, testimonials,
forms and sample prescribed for the necessary examination of the inspector.
 (b) shall, under this law or rule made under this law, produce the registration
book, evidence of employer or the instruments relating to the business when
the inspector asks to do so.
 (c )For the purpose of this law, any employer shall display a notice of work
periods in a place where anyone can see easily/ a place easily visible.
 (d) Any employer shall inform workers regarding the rights and benefits
entitled to workers.
Occupational Safety and Health

 Employer shall carry out the followings:

 (a) The premises of any shop or establishment shall be kept clean, healthful
and free from any smell.
 (b) Any shop or establishment shall be kept well-ventilated and provided
adequate light.
 (c) No excessive noise shall be maintained at any shop or establishment.
 (d) No excessive temperature shall be maintained at any shop or
establishment and fire prevention procedures shall be laid down.
 (e) For workers, first aid kit with adequate medicines in it shall be kept at
any shop or establishment.
 This law shall not apply to the followings:
(a) roadside stalls
(b) refreshment stalls and other shop in any public exhibition
(c) funfairs, refreshment stalls and other shops in shows or entertainments
held for short duration
General

 Nothing in this law shall affect any right or privileges to which any person
employed in any shop or establishment is entitled at the date of the
commencement of this law under any other law for the time being in force or
any contract, custom or usage which is in force on that date, if such right or
privilege is more favorable him/her than any other right or privilege
conferred upon him/her by this law.
(10) The Employment of children
(Child Law 1993)
 Base on “Child Law-1993”
 “Child” means a person who has not attained the age of 16 years;
 “Youth” means a person who has attained the age of 16 years but has not
attained the age of 18 years;
Child working status

 Every child has:

 (i) the right to engage in work in accordance with law and of his own
volition.
 (ii) the right to hours of employment, rest and leisure and other reliefs
prescribed by law;

 The Ministry of Labour shall protect and safeguard in accordance with law
to ensure safety of children employees at the place of work and
prevention of infringement and loss of their rights.
Punishment

 Whoever commits any of the following acts shall, on conviction be punished

with imprisonment for a term which may extend to 2 years or with fine which
may extend to kyats 10,000 or with both:-

 Base on “Factory Act 2016, Amendment”

 Child mean, 14yr to under 16yr who recommended by license medical
doctor
 Youth mean, age 16 to under 18 yr
(11)Labour organization law (2011)

 Objective
 to protect the rights of the workers, to have good relations among the
workers or between the employer and the worker,

 to enable to form and carry out the labour organizations systematically

and independently.
 Employer:
 Director or legal representative or who has responsible to give wages
 Worker means a person who relies on his labour to engage in economic
activity or to generate a livelihood, including a daily wage earner, temporary
worker, worker engaged in agriculture, domestic worker, government
employee and apprentice

 but does not include the Defense Services personnel, member of the
Myanmar Police Force or member of the armed organizations under the
control of the Defense Services.
Establishment of the Labour
Organizations
 Every worker, who has attained the age prescribed in respective existing law
 join as a member in a labour organization and to resign from a labour
organization according to their own desire;
 join as a member only in a labour organization formed according to the
category of trade or activity relating to them.
Basic Labour Organizations

 Basic Labour Organizations may be formed by a minimum number of 30

workers
 If it is a trade or activity having less than 30 workers, it may form so jointly
with any other trade of the same nature;
 In so forming, it shall be recommended by not less than 10 percent of all
workers of the relevant trade or activity;
 Labour Organizations shall be elected and formed with at least five members
or any higher odd numbers.
 Make constitution
Township Labour Organization

 It can be formed if there is similar basic labour organization more than two.
 it shall be recommended by not less than 10 percent of all workers of the
relevant trade or activity;
 EC member – 7 upto 15 with odd number
Region or State Labour Organizations

 Region or State Labour Organizations may be formed if it is recommended by

not less than 10 percent of all Township Labour Organizations in the relevant
Region or State according to the category of trade or activity;

 it shall be recommended by not less than 10 percent of all workers of the

relevant trade or activity;

 EC member – 7 upto 15 with odd number

Labour Federation

 Labour Federation may be formed if it is recommended by not less than 10

percent of all Region or State Labour Organizations according to the category
of trade or activity;

 it shall be recommended by not less than 10 percent of all workers of the

relevant trade or activity;

 EC member – 7 upto 15 with odd number

Myanmar Labour Confederation

 Myanmar Labour Confederation may be formed if it is recommended by not

less than 20 percent of all Myanmar Labour Federations according to the
category of trade or activity.

 EC member – 7 upto 35 with odd number

Rights and Responsibilities of the
Labour Organization
 The Labour Organizations have the right to negotiate and settle with the
employer if the workers are unable to obtain and enjoy the rights of the
workers contained in the labour laws and to submit demands to the employer
and claim in accord with the relevant law if the agreement cannot be
reached.
(12) The employment Statistics Act,
(1948)
 Amendment process
(13) The Employment restriction Act.
(1959)
 Amendment process
(14) Law Relation to Overseas
Employment (199)
 Law for overseas workers
Thank You