Burma (Myanmar)

Relevant Legislation

The Minimum Wage Law (the Pyidaungsu Hluttaw Law No. 7/2013)1

The law stipulates the creation of a National Committee which will be responsible for prescribing the minimum wage for the workers. The Committee is to include representatives of the relevant Government departments and organizations, representatives of labour organizations or workers, representatives of employer organizations and 15-20 experts (Chapter II, 3).

The following are to be taken into account when setting the minimum wage:

(a) the needs of workers and their families;

(b) existing salaries;

(c) social security benefits;

(d) living cost and changes of such living cost;

(e) compatible living standard;

(f) employment opportunities in conformity with the needs for State's economy and

development of production;

(g) gross domestic production value of the State and per capita income;

(h) other facts stipulated by the Ministry with the approval of the Union Government. (Chapter IV, 8).

Workers are legally entitled to the minimum wage. If, however, they are earning more than the minimum wage prior to the setting thereof by the National Committee, they are entitled to continue earning the larger amount (Chapter VII, 15).

For day-workers, a full day’s wage should be paid if work was halted due to the failure of the employer to set tasks, or for any other reason excluding the worker’s choice (Chapter VII, 16e).

Men and women should be paid the same wage (Chapter VII, 16f).

Workers in the commercial, production work and service has the right to receive the minimum wage in cash, with additional payments paid partly in cash and partly in property according to the preference of the worker (Chapter VII, 16g).

Workers in the agricultural and livestock breeding business can be paid partly in cash and partly in a property benefit according to local custom or the desire of the majority of workers or collective agreement (Chapter VII, 16h).

Workers who are not paid accordingly can report this to the Region Committee within one year of the date of payment (Chapter VII, 17).

Additional

The employer is required to inform workers of the minimum wage, and pay them accordingly. Failure to do so, or to interfere or obstruct the work of the inspector, can lead to prosecution and a sentence of a jail term up to a maximum of one year or a fine not exceeding 5 lakhs, or both (Chapter IX, 24 & 25).

Failure to inform workers of the minimum wage or deducting wages for sickness can lead to a conviction and a sentence of imprisonment for a term not exceeding six months or with fine not exceeding kyat three lakhs, or with both (Chapter IX, 27).

The law also covers:

Forming the National Committee for Determining the Minimum Wage, Powers and Duties Thereof (Chapter II) – amongst others, describes the functions and powers of the National Committee.

Issuing the Notification which Determines Minimum Wage (Chapter V) – describes the process whereby the minimum wage levels will be set

Assigning Duty to the Inspection Officer, Inspection and Taking Action (Chapter VIII) – describes the duties of the inspectors who will ensure law is being enforced

Endnotes

1 The Myanmar Minimum Wage Law, 2013


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