LRI 2022 Myanmar - CLR

Myanmar

2022 Score

63

Stagnant

2020 Score

63

Rating

Limited Access to
Decent Work

Fair
Wages

60

Decent
Working Hours

60

Employment
Security

80

Family
Responsibilities

25

Maternity
at Work

60

Safe
Work

75

Social
Security

100

Fair
Treatment

20

Child &
Forced Labour

100

Trade
Union

50

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	No	0	Minimum Wage Law (No. 7 of 2013)
Does the law require regular payment of wages?	Yes	1	§16 of the Shops and Establishments Act, 2016; §01-10 of the Payment of Wages Law, 2016
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§11-12 & 17 of the Shops and Establishments Act, 2016; §59, 62, 64 & 73 of the Factories Act, 1951
Does the law require additional compensation for working on a weekly rest day?	Yes	1	§8 of the Factories Act, 1951
Does the law require additional compensation for night work?	No	0	§7-8 of the Shops and Establishments Act, 2016

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§11-12 & 17 of the Shops and Establishments Act, 2016; §59, 62, 64 & 73 of the Factories Act, 1951
Does the law restrict maximum working hours including overtime to 56 hours per week?	No	0	§11-12 & 17 of the Shops and Establishments Act, 2016; §59, 62, 64 & 73 of the Factories Act, 1951
Does the law require a weekly rest of at least 24 hours?	Yes	1	§15 of the Shops and Establishments Act, 2016; §60 of the Factories Act, 1951; §5-6 of the Leave and Holiday Act 1951
Does the law require paid public holidays?	Yes	1	§3 of the Leave and Holiday Act 1951; Notification No 01/2007 dated 16 February 2007
Does the law require at least three working weeks of paid annual leave?	No	0	§4 of the Leave and Holiday Act 1951

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§5 & 38 of the Employment and Skill Development Law, 2013; Notification 01/2015
Does the law restrict the hiring of fixed-term contract workers?	No	0	No applicable legal provisions could be located
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	Employment Contract Template, 2017
Does the law require a 30-day notice before contract termination?	Yes	1	§5 of the Employment and Skill Development Law, 2013; §44 of the Labour Organization Law 2011
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	Yes	1	Notification no. 84/2015

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?	Yes	1	§28(a & b) of the Social Security Law 2012
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable legal provisions could be located
Does the law require paid nursing breaks?	No	0	No applicable legal provisions could be located

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	No	0	No applicable legal prohibitions could be located
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§25(c & d) of the Social Security Law 2012
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§26 & 27 of the Social Security Law 2012
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§26 & 27 of the Social Security Law 2012
Does the law protect workers from dismissals during or on account of pregnancy?	No	0	§66 of the Social Security Law 2012

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§26(e) and 30(a) of the Occupational Safety and Health Law 2019; §37 of the Factories Act, 1951
Does the law require the employer to train workers on health and safety issues?	No	0	§40 of the Factories Act, 1951; §26 30(a) of the Occupational Safety and Health Law 2019
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§29(c) of the Occupational Safety and Health Law 2019
Does the law provide for employment injury benefit?	Yes	1	§30 & 55-59 & 62 of the Social Security Law 2012; §3 & 11of the Workmen’s Compensation Act 1923

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§32 & 35 of the Social Security Law 2012
Does the law provide for a dependants'/survivors' pension?	Yes	1	§36 of the Social Security Law 2012
Does the law provide for unemployment benefit?	Yes	1	§37-40 of the Social Security Law 2012
Does the law require paid sick leave for the first 6 months of sickness?	Yes	1	§6 of the Leave and Holidays Act 1951; §22 & 23 of the Social Security Law 2012
Does the law provide for invalidity benefit?	Yes	1	§32 & 33 of the Social Security Law 2012

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	No	0	§305 of the Constitution, 2008
Does the law prohibit sexual harassment in employment?	No	0	§354 & 509 of the Penal Code 1861
Does the law prohibit discrimination in employment matters?	No	0	§347- 348 & 352 of the Constitution, 2008; §35-36 of the PWD Law, 2015 (30/2015)
Does the law allow women to do the same jobs as men?	No	0	§93 of the Ministry of Mines Notification No. 125 of 1996; §29 of the Factories Act, 1951
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Social Security Law 2012; ISSA Country Profile for Myanmar

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§13-14, Shops and Estab. Act, 2016; §75-83, Factories Act 1951; §48(b), Child Rights Law, 2019
Does the law set employment entry age equal to or higher than the compulsory schooling age?	Yes	1	Section 48(b) of the Child Rights Law, 2019; Section 4(j) of the National Education Law, 2014
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§13-14 of the Shops and Establishments Act 2016; §3, 48(a), 103(a)(3) of the Child Rights Law, 2019;
Does the law prohibit forced labour?	Yes	1	§3(t) and 103(a)(2), Child Rights Law 2019; §3 & 24, Anti-Trafficking in Persons Law, 2005

Trade Union

Question	Answer	Score	Legal Basis
Does the law allow workers to form and join unions of their own choice?	No	0	§354(c), Constitution 2008; §2(h), 09-11, 29 & 44(d), Labour Organisation Law 2011; CEAC, C87, Obs. 2021
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§2 & 5 of the Settlement of Labour Disputes Law 2012; §31 of the Labour Organisation Law, 2011
Does the law provide for the right to strike?	No	0	§2(g) & 38-50, Labour Organization Law 2011; §42, Settlement of Labour Disputes Law 2012; USDOS CRHRP 2021
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§44 of the Labour Organization Law 2011