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. The seminar was jointly organised by the ministry of labour, immigration. Myanmar companies law english and burmese version from dica pdf 1. The below text is general guidance produced by smart myanmar following on advice received by several international law firms.
National action plan on child labour myanmar insider. 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. Molnotification 68 2018 mines rules monrecnotification 2018 oilfields labourand welfare act 1951. Overview of new myanmar labour law guide 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. Employer must present the employee with an employment contract for signing within 30 days after the commencement of the employment. More than 77 businessrelated laws and 149 regulations are translated in english. Child worker 14 to 15 years of age who completed 14th year and not yet completed 16th year from date of birth get medical certificate of fitness for work. General provisions article 2 arabic shall be the language to be used in all records, contracts, files, data, etc. Citation and commencement of this law and definitions a this law shall be called the myanmar companies law.
The website about myanmar labour law collection, to provide and obtain information to employers and employees on myanmar labour laws as in one place. Myanmars settlement of labour dispute law 2012 and the dispute resolution system it established are. Ilo international labour organization mics myanmar industries, crafts and services trade union federation molip ministry of labour, immigration and population sldl settlement of labour dispute law, 2012 as amended in 2014 tcb township conciliation body tlo township labor officer umfcci republic of the union of myanmar federation of chambers of. Myanmar companies online myco under the directorate of investment and company administration dica agency the myanmar companies law 2017 mcl was approved by the president on 6 december 2017 and came into force on 1 august 2018, together with the companies regulations and various supporting notifications. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. Provisions of old labour laws may still be in force even as new laws covering similar areas are drafted and enacted. Updates on myanmar labour laws strike action employment. As a consequence, the ministry of labour published. Mass atrocities have been committed such as rape and sexual violence, enforced disappearances, forced displacement, human trafficking and forced labor, and recruitment of child soldiers to name a few. The guide also provides useful information on the international core labour standards to promote and inspire good practice on employment and labour in myanmar. 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, employment. 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.
The law revokes the social security act 1954307, and came into effect on 1 april 2014. Details of previous employment in myanmar, in particular the salary in case of a replacement. The current situation is that many children lack access to quality education. Jan 22, 2019 ma hla hla win, who has been working and living in yangon for the past 10 years, said she was sacked with 45 other workers in july 2018 without sufficient compensation. Marielle phe goursat, project manager from international labour organization ilo, at.
In august 2015, the department of labour of the ministry of labour, immigration and population ministry of labour issued notification 12015, announcing that with effect from september 2015, all employees in myanmar must be employed under a prescribed employment contract template. Myanmar sustainable development plan 2018 2030 august 2018. Currently, myanmar has myriad sectoral, ministerial and subnational plans. Myanmar labour authorities are planning to launch a national action plan on child labour in november with the ultimate goal of eliminating the countrys chronic child labour problem, according to a seminar held at hlaing tharyar industrial zone in yangon region in early july. Myanmar companies law english and burmese version from dica download the file. With notification 842015, the ministry of labour introduced an. Ma hla hla win, who has been working and living in yangon for the past 10 years, said she was sacked with 45 other workers in july 2018 without sufficient compensation. Employment and skill development law entered into force on 1 december 20. Legal requirements according to myanmars labour law mgmas recomendation.
Taken together, the new myanmar investment law mil and the new myanmar companies law are the regulatory foundation that engenders confidencein myanmar as. Labour related laws and regulation supervised by ministry of labour, immigration and population. Ucb union coordinating body for rule of law centres and justice sector affairs. Molip ministry of labour, immigration and population monrec ministry of natural resources and environmental conservation. Labour law update mgma myanmar garment manufacturers. Although the workers were paid until august, they were not compensated for being laid off, which is required under myanmars labour law. The myanmar garment sector is actually a leader in terms of confronting the issue of child labour.
Labour law reform is key to sustainable development for myanmar forum representatives of the myanmar government, employers, workers, civil society and international partners gathered for the third time since 2015, in a forum to discuss progress and challenges in labour market reforms as part of the initiative to promote fundamental labour. Myanmar company act directorate of investment and company. Findings on the worst forms of child labor burma u. Law on labour contracts the main law regulating employment relationships in vietnam is the 2012 labour code. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. Myanmar law reports 1989until now international law. The branches of the ministry of labour and social affairs that are in charge of labour affairs in the emirates of the federation. Taking a job at a young age is seen by many families as. For foreign nationals, there is also a set of implementing regulations, including decree 112016ndcp decree 11, which mainly provides guidance on matters related to work permits for foreign workers in vietnam. The following acts have finally been assented to by president ramaphosa. On 19 th january 2018, the hr committee and the legal committee of the american chamber of commerce held a presentation on annual labour law updates at the westin grand sukhumvit hotel. This guide brings together many of the sources of myanmar labour law in a single, userfriendly guide.
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. The settlement of labour dispute law sldl was enacted in 2012, with a stated purpose that includes. Republic of the union of myanmar ministry of labour, immigration and population noti. Although the workers were paid until august, they were not compensated for being laid off, which is. 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. Overview of new myanmar labour law guide the myanmar times. Mar 07, 2017 the myanmar garment sector is actually a leader in terms of confronting the issue of child labour. There has been an effort by the government in recent years to update the laws and provide stronger protection for the local workforce. Republic of the union of myanmar ministry of labour. Laws and regulations ministry of labour, immigration and. The initiative to promote fundamental labour rights and practices in myanmar is convening the 3rd edition of its stakeholder forum to discuss the ongoing labour law reform and the 2018 roadmap for national economic development.
The oilfields labour and welfare amendment act 1951 p. In 2018, criminal law enforcement agencies in burma took actions to combat the worst forms of child labor table 7. However, gaps exist within the burmese militarys practices that may hinder adequate criminal law enforcement, including the lack of publicly available data on enforcement efforts. 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 legistration of union laws region or state laws self administrated zonedivision laws treaty precedent schedules or forms. Taking a job at a young age is seen by many families as essential to ensure their daytoday survival. Myanmar business guide 5 pwc myanmar is located at.
Many laws dating back to the colonial period and postindependence period are, with more or less changes, still in force. The minimum wages law 20 stipulates that an employees wage must not be lower than the minimum wage provided by the government. Genuine development will only come to myanmar if, and only if, all. Myanmar labour laws leave workers with raw deal in. 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. Implementation of the companies law will be postponed until august 2018. Myanmar labour protection is a patchwork of many different labour laws, most of which date back to the 1920s1950s. The myanmar sustainable development plan msdp is the expression of our national development vision a vision that finds resonance in the global sustainable development agenda. Employment and skill development law entered into force on 1 december 20 section 5a1. Myanmar has created a modern and accessible environment in which to do business by sweeping away a 100year old companies act and replacing the restrictive investment laws of the past. The union minister for labour, immigration and population, u thein swe, received ms.
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