63
63
Limited Access to
Decent Work
60
60
80
25
60
75
100
20
100
50
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
