COUNTRY

In Myanmar, an employment contract must be in writing and signed by both parties within 30 days of employment. At a minimum, employment contracts must include information regarding the job, holidays, working hours, leaves, benefits, termination and probationary period. Employment contracts must be submitted to the relevant Township Labor Office for registration. Employers may conduct pre-employment background checks and some employers use a third party to perform these checks. Employers may not personally participate in the background check of an applicant and the checks must not violate any privacy laws.

Limits on working hours vary by industry. The standard work period in Myanmar for employees in factories is 44 hours a week and eight hours a day. Adult males employed in factories requiring continuous work may work up to 48 hours per week. The standard work period for employees in a shop or establishment can work up to 48 hours per week and eight hours a day. Employees working in oil fields or mines can work up to 44 hours per week. Employees are entitled to one day of rest per week.

For factory workers, the day of rest is Sunday. Outside of factories, employers can determine the rest day. Employees cannot work more than 10 consecutive days without a rest day. Overtime for factory workers cannot exceed 20 hours per week, generally three hours per day Monday through Friday and five hours on Saturday. Overtime for shop and establishment employees cannot exceed 12 hours per week, or 16 hours in extraordinary circumstances. Overtime cannot extend past midnight. Overtime pay is double the basic salary.

Employees in Myanmar receive 30 days of sick leave per year after six months of service. Employees must provide a medical certificate. Any unused sick leave does not carry over and is lost at the end of the year. Employees with less than six months of service may take unpaid leave.

Female employees are entitled to 14 weeks of paid maternity leave in Myanmar: six weeks before the birth of the child and eight weeks after the birth. Employees covered by Myanmar’s social security scheme can take an additional four weeks of leave for the birth of twins and are entitled to six weeks of leave in the case of a miscarriage. Employees who have adopted children are entitled to eight weeks of paid leave. Employers generally are responsible for the employee’s pay while on leave unless the employee is covered by social security.

Male employees are entitled to 15 days of paternity leave in Myanmar. However, if their wives are not insured under social security then they shall receive 25% of their average wages for a month in the case of a single delivery. It changes to 37.5% for twins, and 50% for triplets.

Myanmar has a minimum wage. Employers are not required to pay bonuses but they are common.

Employees receive a minimum of 10 days of paid annual leave in Myanmar.

In Myanmar, the public holidays are:

• New Year Holiday

• Independence Day

• Union Day

• Peasants' Day

• Full Moon Day of Tabaung

• Armed Forces' Day

• Maha Thingyan (Water Festival)

• Labor Day / May Day

• Eid al-Adha

• Full Moon Day of Waso (Beginning of Buddhist Lent)

• Martyrs' Day

• Full Moon Day of Thadingyut (End of Buddhist Lent)

• Diwali/Deepavali

• Full Moon Day of Tazaungmone

• National Day

• Christmas Day

Myanmar’s social security system provides eligible employees with access to healthcare.

Employers and employees can terminate an employment contract in Myanmar by providing notice 30 days in advance. Employers generally must provide notice in writing, have a valid reason for the dismissal, and pay severance. If an employee is terminated during an employee’s probation period, the employer does not have to give the grounds for termination in writing. However, a month’s notice is still required.

An employer can dismiss an employee for disciplinary reasons, including the violation of workplace rules known to the employee, without paying severance. An employer can dismiss an employee without providing notice or paying severance if the employee is convicted of stealing, accepting stolen goods, misusing or helping to misuse work-related property.