In Myanmar, the termination of employment contracts is permitted under specific circumstances. These include mutual agreement between the employer and employee, expiry of a fixed-term contract, employee resignation, and employer termination.

Grounds for Termination

Employer and employee can mutually agree to end the employment relationship. If an employment contract is for a fixed duration, it ends automatically once the specified term expires. Employees can resign provided they give 30 days of advance written notice. An employer can terminate employment for reasons such as consistently unsatisfactory work performance after warnings, serious breaches of the employment contract, company rules, or the law (e.g., theft, violence), and genuine economic reasons like business closure or restructuring.

Notice Requirements

An employee must provide at least 30 days of written notice before resigning. The employer must give 30 days of written notice. Immediate termination might be possible only in cases of very serious misconduct, and still often requires a written notice.

Severance Pay

In Myanmar, severance pay is mandatory if the employer initiates termination (excluding termination for serious misconduct). The calculation of severance pay is as follows:

• Less than 1 year of service: No severance
• 1-5 years of service: 15 days’ wages for each year of service.
• 5-10 years of service: 30 days' wages for each year of service.
• 10+ years of service: 45 days’ wages for each year of service.

It is always crucial to consult with a qualified legal professional for advice on specific situations, as labor laws may be amended and their interpretation can be complex.

Myanmar has some anti-discrimination laws in place, however, they are not comprehensive, leaving numerous gaps in protection and enforcement.

Protected Characteristics

Myanmar's Constitution (Article 348) prohibits discrimination based on race and other factors related to one's origin. This is particularly important in a country with over 100 ethnic groups, including many which have faced persecution. The Constitution's Article 348 and Article 364 protect against religious discrimination. However, this has not prevented the persecution of religious minorities like the Rohingya Muslims. Discrimination based on sex is prohibited under the Constitution (Article 348), and the 2019 Prevention and Protection of Violence against Women (POPVAW) Law includes anti-discrimination provisions. Nonetheless, women face systemic discrimination in Myanmar.

Limited Protection

Myanmar lacks general anti-discrimination laws beyond race, religion and sex. This means there are no legal protections based on disability, sexual orientation, gender identity, and age.

Redress Mechanisms

Myanmar lacks a dedicated anti-discrimination body. Redress mechanisms are limited and difficult to access. Individuals can technically file complaints citing discrimination under the Constitution, but the process is complex. Discrimination in some severe cases might be addressed as a criminal offense under the Penal Code. However, prosecution for discrimination is unusual. There are basic protections against unfair dismissal within labor laws which could potentially be used in some discrimination cases. However, these tribunals often lack the capacity and knowledge to address discrimination claims adequately.

Employer Responsibilities

Employers in Myanmar have limited responsibilities under existing law to specifically prevent discrimination. The 2019 Prevention and Protection of Violence against Women (POPVAW) Law mandates that workplaces create policies to prevent sexual harassment. However, this only focuses on one aspect of potential workplace discrimination. Although limited in scope, employers may be at risk if discriminatory practices can be linked to unfair dismissal.

Important Notes

Myanmar's legal framework is fragmented and provides incomplete protection against discrimination, leaving many individuals vulnerable. Even when laws exist, implementation and enforcement are often extremely weak. Advocacy groups within Myanmar and internationally are pushing for the adoption of a comprehensive anti-discrimination law to address these issues.

In Myanmar, some baseline working hour and rest period standards have been established, but there are limited regulations on ergonomic requirements.

Work Hours

In the public sector, the Factories Act (1951) applies a standard workweek of five days with 35 hours. However, the private sector and state-owned enterprises follow a longer workweek of six days with a maximum of 44 hours. Overtime work is permitted with limitations and requires additional pay.

However, it's important to note that a large portion of Myanmar's workforce falls under the informal sector, which is largely unregulated in terms of working hours and rest periods. Furthermore, enforcement of existing work hour regulations is weak, with many workers exceeding these limits.

Rest Periods

The Factories Act mandates a one-hour break during the workday for all sectors. The Act also requires at least one rest day per week. Similar to work hours, enforcement of rest period regulations is a major challenge.

Ergonomic Requirements

Myanmar currently lacks comprehensive regulations on ergonomic requirements in the workplace. This can lead to potential health and safety risks for workers, particularly in physically demanding jobs.

On a positive note, the International Labour Organization (ILO) is collaborating with Myanmar to improve workplace safety standards, which may include future regulations on ergonomics.

Myanmar's legal framework for workplace health and safety is evolving, with the 2019 Occupational Safety and Health (OSH) Law representing a significant step forward. This law outlines employer obligations, employee rights, and enforcement mechanisms.

Employer Obligations

The OSH Law places significant responsibility on employers to ensure a safe and healthy work environment. Key employer obligations include:

• Risk Assessment: Employers must conduct risk assessments for their workplaces, identifying potential hazards and implementing control measures to mitigate risks.
• Safety Training: Employers must provide appropriate safety training to employees based on their roles and the identified workplace hazards. This can include training on using personal protective equipment (PPE) and emergency procedures.
• Medical Checkups: Employers are required to arrange medical checkups for employees, particularly for those working in high-risk environments.
• Safe Work Practices: Employers must establish and enforce safe work practices within the workplace to minimize the risk of accidents and illnesses. This might involve procedures for handling hazardous materials or operating machinery.
• Accident Reporting: The OSH Law mandates reporting of workplace accidents, occupational diseases, and dangerous occurrences to the Department of Labour.
• Occupational Health Services: Employers with a minimum threshold of employees as determined by the Ministry of Labour, Immigration and Population (MOLIP) are required to appoint registered doctors and nurses to provide occupational health services.

Employee Rights

The OSH Law empowers employees with the right to a safe and healthy work environment. Employees have the right to:

• Refusal of Unsafe Work: Employees can refuse work they believe is unsafe or poses a health risk.
• Access to Information: Employees have the right to access information on workplace hazards, safety procedures, and the OSH Law.
• Participation in OSH Committees: The Law encourages the formation of Occupational Safety and Health Committees (OSHSCs) in workplaces, with employee representatives playing a role in identifying and addressing safety concerns.

Enforcement Agencies

The Department of Labour (DOL) under the Ministry of Labour, Immigration and Population (MOLIP) is the primary agency responsible for enforcing the OSH Law. DOL inspectors have the authority to:

• Conduct workplace inspections: Inspectors can visit workplaces unannounced to assess compliance with the OSH Law.
• Issue improvement notices: If violations are found, inspectors can issue notices requiring employers to take corrective actions.
• Recommend penalties: In cases of serious violations, inspectors may recommend penalties like fines or even temporary closure of the workplace.

Challenges and Developments

• Limited Resources: The DOL faces challenges in effectively enforcing the OSH Law due to limited resources and inspectors.
• Informal Sector: A significant portion of Myanmar's workforce falls under the informal sector, which remains largely unregulated regarding health and safety.
• Raising Awareness: Increasing awareness of the OSH Law among both employers and employees is crucial for effective implementation.

Positive Developments

• ILO Collaboration: The International Labour Organization (ILO) is collaborating with Myanmar to strengthen its occupational safety and health framework. This includes capacity building for DOL inspectors and promoting a culture of workplace safety.
• Growing Recognition: There's a growing recognition among businesses in Myanmar of the importance of workplace safety and health, with some large companies taking proactive measures.