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. Bsr child labor in myanmars garment sector 3 executive summary made in myanmar is ready to make a comeback, with u. Law, labour disputes and trade union building in myanmar. With the introduction of the new labour law and the democratic opening in myanmar since 2011, workers increasingly articulate inhumane working conditions and labour disputes are rising. Mar 09, 2017 the 2014 myanmar population and housing census provides the first nationally representative situation of disability, as well as baseline information for monitoring the progress on the implementation of national and international development frameworks on disability. Mar 07, 2017 the myanmar garment sector is actually a leader in terms of confronting the issue of child labour. 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. The republic of the union of myanmar labor profile population 52. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. Marielle phe goursat, project manager from international labour organization ilo, at.
Myanmar minimum wages 20152018 data 20192020 forecast. 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. The labour organization law is the law which stipulates rules related to labour organizations including strikes. An october 2015 report issued by ilo on child labor in the hlaing thar yar industrial zone, myanmars largest industrial zone, situated about 10 kilometers six miles outside yangon, found that. The republic of union of myanmar ministry of labour, immigation and popultation social security board invitation for services of data cleaning and data entry. However, cash benefits levels for these provisions were raised. 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 rules and regulations were released by the ministry in december 2017, more than two years after the law was enacted. Minimum wage in 20, the minimum wage law was enacted, giving authority to a national committee to determine the rates of minimum wage for different industries. Cc if the employee is not registered under the social security law and has not worked. Labour law arose in parallel with the industrial revolution as the relationship between worker and employer changed from smallscale production studios to largescale factories. One of the topics, creating job opportunities for people with disabilities, describes how employers can use employment form no. Legal requirements according to myanmars labour law mgmas recomendation. Jul, 2018 the regulations describe in detail methods that are easily implemented, what the law stipulates, and their systematic enforcement, u soe aung said. The new social security law was implemented in 2014, but in a phased manner. A february 2015 presentation by moles identified 17 pieces of labour legislation in. Implementation of the new wage rates began on september 1st, 2015. Ssb, ilo discuss social security reforms global new. The consequent lifting of eu and us sanctions has supported the dramatic growth of the export garment industry. The social welfare, rescue and resettlement ministry last week released longawaited regulations for the disability rights law that was enacted in june 2015. 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.
Buyers and investors are back in yangon looking for opportunities, attracted in part by the countrys low labor costs. Confederation of trade unions myanmar ctum, eaindara kyi tin, labour dispute law, labour laws, labour organisation law, ministry of labour, national tripartite dialogue forum, nay pyi taw, u win shein, workers compensation act. Labour laws in myanmar asia monitor resource centre. Instructions of the factories and general labour law in spection department. The union minister for labour, immigration and population, u thein swe, received ms. Myanmar, denmark, japan, the united states of america, the european union, and the international labour organization ilo convened the second stakeholders forum of the initiative to promote fundamental labour rights and practices in myanmar the initiative on september 29 and 30 in yangon. As noted, the social security law, 2012, is part of the broader labour law reform and is envisaged to become a satellite law to the cohesive labour code in development. A socioenvironmental map of myanmars garment industry in 2016 3 executive summary since 2011, myanmar has been undergoing significant political and economic reform.
Legislations and rules related to labour and employment in myanmar have been brought under one single framework by a united nations. Myanmar labour rights highlighted at international meet. In july 2015 a draft prisons law was introduced in myanmars parliament, with the objective to safeguard peace in the community and the rule of law. Home law library laws and regulations laws myanmar laws 1988until now union solidarity and development party laws 20122016 law library myanmar laws 2014 summary. Myanmar law 2012 page 31 grant of two licenses for the operation of private. Labour contract template of the ministry of labour, employment and. Overview of labour legislation status february 2015 ilo. Social protection within the framework of labour legislation. Labour law also known as labor law or employment law mediates the relationship between workers, employing entities, trade unions and the government. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. 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 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. Findings on the worst forms of child labor burma u. A socioenvironmental map of myanmars garment industry in 2016 6 myanmar is the largest country in mainland southeast asia, with a population of 54 million8.
Taking a job at a young age is seen by many families as essential to ensure their daytoday survival. The below text is general guidance produced by smart myanmar following on advice received by several international law firms. Bsr child labor in myanmars garment sector 6 myanmars child labor laws working hours myanmars 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. Below is a broad overview of key points in the labour laws especially relevant for. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. Myanmar foreign investment law, 2012 provisions to restrict or prohibit investment activities which. 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. Myanmarluther news, uly 2015 2 following last months proposal of the national committee to set a minimum wage at a daily rate of mmk 3,600 approx. No, provided the salary complies with the myanmars minimum wage law labour 20. Workers sought better conditions and the right to join a labour union, while employers sought a more predictable, flexible and less costly workforce. Myanmar business guide 5 pwc myanmar is located at. Individual labour law concerns employees rights at work also through the contract for work. Since 2011, the government of myanmar has requested ilos support for its major legal reform process and in the last few years an impressive number of laws and regulations were adopted.
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. Project level impacts labour myanmar centre for responsible. Overview of new myanmar labour law guide the myanmar times. The international human rights clinic at harvard law school works to protect the human rights of clients and communities around the world. Myanmar 23rd session, november 2015 report submitted march 23, 2015 introduction to the international human rights clinic 1. In addition, the fixedterm of a maximum of two 2 years seemed to contradict notification 84 2015 of the ministry of labour, introducing increased severance payments for the termination of employment contracts by the employer based on the. Myanmar employment laws and the principle of freedom of contract, nor with the needs of many of employees and seemed to contradict notification 84 2015 of the ministry of labour concerning severance payments for the termination of employment contracts by the employer based on the duration of an employees employment luther. Labour law reform is key to sustainable development for. 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. Recently, strikes demanding wage raise are conducted in industrial zones in myanmar more frequently than before.
Ssb, ilo discuss social security reforms global new light. Joint statement 2nd stakeholders forum on labour law reform and institutional capacity building yangon, 30 september 2016 the republic of the union of myanmar, denmark, japan, the united states of america, the european union, and the international labour organization ilo convened the second stakeholders forum of the initiative to promote. There are several labour laws and also new labour laws enacted in recent years. The 2014 myanmar population and housing census provides the first nationally representative situation of disability, as well as baseline information for monitoring the progress on the implementation of national and international development frameworks on disability. The labour organization law was enacted on 11 october, 2011, as revised the trade union act, 1926. As of april 2015, only the existing branches of social security were covered medical care and sickness benefits, death, maternity, and work injury. Labour related laws and regulation supervised by ministry of labour, immigration and population. Please find below a short summary of the recent changes. The draft prisons law is set to replace myanmars outdated legal.
Republic of the union of myanmar ministry of labour, immigration and population noti. The state of labour law at any one time is therefore both the product. Workers under the age of 18 also have restrictions on night work and hazardous work. The number of insuranceholder workers in myanmar has crossed 1. Republic of the union of myanmar ministry of labour. The country gained its independence from britain in 1948 and was initially governed democratically. Legal requirements according to myanmar s labour law mgma s recomendation.
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. The current situation is that many children lack access to quality education. Trade unions play a crucial role in helping workers formulating and articulating their complaints. Trade unions had to operate underground or flew the country and tried to operate from thailand. The ilo guide to myanmar labour law is funded by european union, norway, switzerland. As a foreign company established in myanmar, it is important that the company is in compliance with the local labour laws, most importantly, the employment contract with the employees working for the company. The international labour organisation ilo published its guide to myanmar labour law on september 28.
The law determines specificcriteria which the national committee shall consider. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011. Ministry of labour, employment and social security myanmar. With notification 84 2015, the ministry of labour introduced an. Myanmar labour laws and the principle of freedom of contract, nor with the needs of many of employees. Aug 28, 2017 no, provided the salary complies with the myanmars minimum wage law labour 20. Ministry of labour, immigration and population with the approval of the union government law provides for a salaried employeesright to enjoy 1 paid rest day a week 6 august 2018. The ongoing genocidal crisis of the rohingya minority in. Concept paper roadmap for myanmars labour law reform.
Minimum wages in myanmar increased to 4800 mmkday in 2018 from 3600 mmkday in 2017. The minister of labor, employment and social security burmese. This guide to law online burma contains a selection of burmese legal, juridical, and governmental sources accessible through the internet. 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. Invitation for eoi proposal to upgrade health facilities of social security board by public private partnership ppp system. The ssb has carried out reforms to facilitate insuranceholder workers access to healthcare services and financial benefits, in keeping with the law, with the ilos technical assistance. The legal system of myanmar is rooted in common law as other previous. The guide can be useful to employers and their organizations. Myanmar company act directorate of investment and company.
In 2018, criminal law enforcement agencies in burma took actions to combat the worst forms of child labor table 7. Laws and regulations ministry of labour, immigration and. This page provides myanmar minimum wages actual values, historical data, forecast, chart, statistics, economic calendar and news. The social security law, 2012, is the central piece of legislation offering social security benefits in myanmar at the moment. Feedback, comments and new information is very welcome by sending to email protected. Factory owners are under pressure to raise worker wages but any dramatic rise could discourage foreign brands from investing in the lowcost nation when myanmar passed its first minimum wage in september 2015, the legislation was widely hailed as a landmark achievement for labor rights and clear sign the country was firmly on the path. In august 2015, the department of labour of the ministry of labour, immigration and population ministry of labour issued notification 1 2015, announcing that with effect from september 2015, all employees in myanmar must be employed under a prescribed employment contract template. Myanmar special economic zone law, 2014 provisions instructing investor compliance with existing laws related to the conservation and protection of the natural environment and the environmental conservation law 51. 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. The myanmar garment sector is actually a leader in terms of confronting the issue of child labour. The all burma labour union ablu, one early predecessor of the federation of trade unions in burma ftub formed in 1991, which is called confederation of trade unions of myanmar ctum since 2015. List of myanmars laws relating to environmental management. Labour law update mgma myanmar garment manufacturers.
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