Understand the laws governing work hours and overtime in Myanmar
In Myanmar, the labor laws establish a framework for standard working hours to ensure fair treatment for employees. The Factories Act and Shops and Establishments Act both stipulate a maximum of 8 working hours per day and 44 working hours per week for most employees. However, an exception exists for industries involving continuous work where the maximum limit is 48 working hours per week.
In Myanmar, labor law ensures fair treatment for employees who work beyond standard hours by regulating overtime work. The overtime rate is double the employee's basic salary. The compensation for overtime can be decided upon mutual agreement between the employer and the employee, but it cannot be lower than double the basic salary.
In factories, for non-continuous work, the maximum overtime is 3 hours per day from Monday to Friday. For shops and establishments, the maximum overtime is 12 hours per week, with a maximum of 16 hours only in exceptional cases.
The legislation and guidelines that regulate overtime work in Myanmar include the Factories Act and the Shops and Establishments Act, 1951. Employers must obtain permission from the relevant government department for a constant overtime policy.
In Myanmar, labor law mandates minimum rest periods and breaks to ensure worker well-being and productivity.
Myanmar law stipulates a minimum rest period of at least 30 minutes after every 5 hours of continuous work. This break is typically used for lunch but can be used for any type of rest or relaxation. It's important to note that the combined working hours and rest break time cannot exceed 10 hours per day.
All workers in Myanmar are entitled to one paid rest day per week. This rest day is typically Sunday for factories, but shops and establishments can choose another day of the week. If a Sunday workday is required in factories, the employer must notify both the Labour Inspectorate and workers beforehand and provide a substitute rest day on another day of the week.
In Myanmar, the labor law framework provides specific regulations for night shift and weekend work, aiming to protect worker well-being and ensure fair compensation for working outside standard hours.
Under the Factories and Mines Act, 1951, night shift is defined as work performed between 7 pm and 6 am. The maximum working hours for night shifts cannot exceed seven hours per night. Night shift workers are entitled to a weekly rest period of at least 24 consecutive hours, preferably including a Sunday. Night shift work typically qualifies for overtime pay, with the specific rate varying depending on the industry and employment contract, but it should be higher than the regular pay rate.
The Shops and Establishments Act, 1989, mandates that all shops and establishments must grant their employees at least one rest day per week, typically Sundays. Certain businesses, such as restaurants, hotels, and healthcare facilities, may be exempt from the mandatory weekly rest requirement upon obtaining permission from the relevant authorities. Work performed on the designated rest day typically qualifies for overtime pay, with the specific rate varying depending on the industry and employment contract, but it should be higher than the regular pay rate.
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