Legal requirements according to myanmar s labour law. As foreign investors in the garment sector trickle into myanmarburma, local research companies and the international labour organization ilo are undertaking a study that could prompt the countrys parliament to pass a minimum wage law by december this year. The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the food and agriculture organization of the united. Drafting of myanmar ecommerce law in the works asean members are targeting having an aec that is highly integrated and cohesive with enhanced connectivity and cooperation by 2025. Employer shall submit a copy of the employment contract to the competent township labour office section 36. Seal of the ministry of labour, employment and social security. The republic of the union of myanmar ministry of labour. 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 regulations luther. Taking a job at a young age is seen by many families as. The guide can be useful to employers and their organizations, workers and unions, policymakers, nongovernmental organizations ngos, investors, and international buyers. Under the new myanmar companies law 2017 mcl, foreign citizens are allowed to become a director of a myanmar citizenowned company without owning a. The union government announced on march 10 that they may half.
The guide can be useful to employers and their organizations. The myanmar garment sector is actually a leader in terms of confronting the issue of child labour. Only in 2012, after the ratification of the labour organizations law, many were allowed to return to myanmar. Only in 2012, after the ratification of the labour organizations law, many were allowed to. The myanmar living conditions survey 2017 mlcs 2017 is a comprehensive household survey conducted by myanmars central statistical organization of the ministry of planning, finance and industry. The 2019 edition of the labour law and employment manual.
The republic of the union of myanmar labor profile population 52. The european chamber of commerce in myanmar is pleased to share the launch of ilo guide to myanmar labour law 2017. This guide brings together many of the sources of myanmar labour law in a single, userfriendly guide. Myanmar companies law 2017, pyidaungsuhluttaw law no. 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. Questions and answers on human rights law in rakhine. Every deduction must be well documented and submitted monthly report to the department. Labour market profile 2016 myanmar 2016 page 2 trade unions since trade union centrethe military junta coup in 1988, trade union organizations were illegal. 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. Sep 28, 2017 the european chamber of commerce in myanmar is pleased to share the launch of ilo guide to myanmar labour law 2017. Myanmar company act directorate of investment and company. Jun 27, 2017 as foreign investors in the garment sector trickle into myanmarburma, local research companies and the international labour organization ilo are undertaking a study that could prompt the countrys parliament to pass a minimum wage law by december this year.
The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. Drafts of a foreigners law and a work permit law were kicked out by parliament in march 2017 foreigners working in the country do so on the basis of a business visa foreigners employed by mic companies are issued with an alien worker registration card after the mic has approved their appointment. Ministry of labour, employment and social security myanmar. Below is a broad overview of key points in the labour laws especially relevant for. 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. As such, the country will require strong legislation to govern the rising volume of domestic and crossborder ecommerce transactions, u toe aung myint said. Draft myanmar companies law unofficial translation 1. Dispute settlement arbitration council, labour disputes, law, myanmar, trade unions on june the 9 th 2016, more than 12,000 workers from different yangon factories were protesting in hlaing tharyar township against low wages, forced and. On 31 january 2017, the ministry of labour convened a tripartite meeting. Findings on the worst forms of child labor burma u.
Asialaw find myanmars best law firms and recommended lawyers. Penalty for violating a prohibition in any rule, regulation, condition, notification, order or directive issued under this law. On 31 january 2017, the ministry of labour convened a tripar tite meeting, in which it was resolved that. This law provides legal framework regulating employment in myanmar, including labour law for privatesector workers and employers and worker in special economic zones and payment of wages act 2016 and overseas employment act 1999 as well as minimum wages act 20 and rules. Burma law times 19071920 indian law reports rangoon series 19231937 burma law journal 19221927 all india reporter, rangoon 19231937 rangoon law reports 19371942. The international labour organisation ilo published its guide to myanmar labour law on september 28. The website about myanmar labour law collection, to provide and obtain information to employers and employees on myanmar labour laws as in one place. Myanmar employment laws and the principle of freedom of contract, nor. On 31 january 2017, the ministry of labour convened a tripartite meeting, in which it was resolved that representatives.
On or about 28 august 2017, a new employment contract template was. Citation and commencement of this law and definitions a this law shall be called the myanmar companies law. The ministry of labour, immigration and population enacted the employment and skill development law on 30 th august 20 and, according to section 5. Law of 2011 allowed the formation of trade unions after more than five decades of prohibition. 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. Taking a job at a young age is seen by many families as essential to ensure their daytoday survival.
Law, labour disputes and trade union building in myanmar. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. Special report the 2018 faowfp agriculture and food security mission to rakhine state, myanmar, 2018. Details of previous employment in myanmar, in particular the salary in case of a replacement. However, the mcl requires that at least one director of the company must be an ordinary resident in myanmar that is, a resident in myanmar for at least 183 days in each year, but not. Overview of new myanmar labour law guide the myanmar times. The current situation is that many children lack access to quality education. Part i commencement and definitions division 1 name, commencement and definitions 1. Drafts of a foreigners law and a work permit law were kicked out by parliament in march 2017 foreigners working in the country do so on the basis of a business visa foreigners employed by mic companies are issued with an alien worker registration card. Pursuant to myanmar labour laws, at least 1 day per week shall be.
Many laws dating back to the colonial period and postindependence period are, with more or less changes, still in force. More than 77 businessrelated laws and 149 regulations are translated in english. No deduction of fines is allowed from a worker under 16 years old. Instead, a plethora of different laws exist regulating the employment sector. Labour laws in myanmar are outdated, and there is no single, uniform piece of employment legislation regulating employment in 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. Income tax law 1974 as amended by union tax law 2016 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. Ministry of labour, employment and social security. Ministry of labour yesterday discussed thingyan holidays with employers at the office of union of myanmar chamber of commerce and industry umfcci, in yangon and agreed to have a 10day break for the workers in the yangon region during the thingyan water festival. The national education law and its subsector laws, such as the tvet law and private education law, regulates the education system in myanmar.
Sep 18, 2018 the website about myanmar labour law collection, to provide and obtain information to employers and employees on myanmar labour laws as in one place. Relevant acts and laws workmans compensation act 1923 as amended 2005 leave and holidays act 1951 as amended 2014 factories act 1951 as amended 2016 oilfields labour and welfare act 1951 employment restriction act 1959 income tax law 1974 as amended by union tax law 2016. Sep 28, 2017 the legal framework regulating employment in myanmar is found in a variety of different laws and rules enacted over the last century. New investment law helps myanmar rebuild its economy and. Clients will also receive complimentary access to more than 500 000 ccma and bargaining council awards until december 2019. 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 re. The republic of union of myanmar ministry of labour, immigation and. This law provides legal framework regulating employment in myanmar, including labour law for privatesector workers and employers and worker in special economic zones and payment of wages act 2016 and overseas employment act 1999 as well as minimum. Law, labour disputes and trade union building in myanmar march 23, 2017 in labour standards tags. According to myanmars ministry of labour, immigration and population molip, as of april 2017 there were 2,414 registered trade unions 2,261 basic organizations, 125. Mar 07, 2017 the myanmar garment sector is actually a leader in terms of confronting the issue of child labour. A guide to myanmar labour policies employment and hr. Clients will receive free online access to the manual with regular updates until 12 months from date of purchase. Ilo guide to myanmar labour law 2017 news eurocham myanmar. Annual labour force survey 2017, quarterly report, the first quarter, 7, 11, 12, 18 across myanmar almost 10% of firms indicate a poorly skilled workforce is a major constraint compared to 1. Ilo guide to myanmar labour law 2017 news eurocham. Fdi in myanmar was on the rise even before the new investment law was being drafted, a trend continued during extensive public discussion and debate about the legislation. In addition to major areas of myanmar labour law found in the constitution, laws, and regulations, the guide includes an introduction to the ilos.
According to myanmars ministry of labour, immigration and population molip, as of april 2017 there were 2,414 registered. Energy, infrastructure, oil and gas, real estate and telecommunications are some of the firms industry specialities. The ministry of labour, immigration and population enacted the employment and skill development law on 30 th august 20 and, according to section 5 of this law, an employer has. Laws and regulations ministry of labour, immigration and. The below text is general guidance produced by smart myanmar following on advice received by several international law firms. Fines must be spent for the social welfare of employees. The law establishes the national education system, and defines the type of education to be provided at each level, including the types of school allowed to teach.
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