Introduction to

Laws on Occupational
Safety and Health in Myanmar

2020
ILO Liaison Office in Myanmar
Introduction to Laws on
Occupational Safety and Health
in Myanmar
2020
ILO Liaison Office in Myanmar
Introduction to laws on Occupational Safety and Health in Myanmar 2020

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ISBN: 9789220369210 (web PDF)

Also available in Burmese and Chinese languages

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 ILO Liaison Office in Myanmar

FUNDING
This publication was developed with funding support from the European Union and the ILO.

DISCLAIMER
This is an introductory guide to Myanmar’s laws on occupational safety and health. While every effort
has been made to provide comprehensive information, the ILO is not responsible for any loss arising
as a result of relying on the content of this guide. The ILO is not responsible for any inaccuracies or
differences in the interpretation of the laws described in this publication.

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 Introduction to Laws on Occupational Safety and Health in Myanmar 2020

FOREWORD

This ILO Guide to laws relating to occupational safety and health (OSH) in Myanmar has been
developed with funding support from the European Union under the Trade for Decent Work Project.
Its purpose is to provide accessible information for human resource practitioners, academics,
students, employers, trade unions and workers about this topic in Myanmar.

The legal framework referred to in this guide is up-to-date as of January 2021. This guide also covers
orders and directives that apply to managing COVID-19 in workplaces in Myanmar. Most COVID-19
directives were issued in 2020 and continue to apply.

Addressing OSH in the workplace is of critical importance to employers and workers. In addition to
keeping workers safe from harm, sound OSH management systems significantly benefits employers
through increased productivity, lower absenteeism, lower staff turnover, as well as a healthy and safe
workforce.

Myanmar’s OSH laws continue to be piecemeal in nature, and therefore it is important to consider
how gaps in the legal framework can be addressed. International labour standards on OSH provide
an important benchmark on practices that can be implemented even when they have not been
ratified. The ILO Myanmar’s online e-campus https://ecampus.iloyangon.org/ also provides self-
paced courses on aspects of OSH and COVID-19 that are freely available for people wishing to learn
more about OSH in workplaces.

I hope that this guide will be useful for everyone who wants to understand and apply Myanmar’s
laws relating to OSH.

Donglin Li

ILO Liaison Officer

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TABLE OF CONTENTS

Foreword vi

1. Introduction 1

2. General obligations 3

3. Sector specific OSH requirements 5

4. Social security and compensation for injury and illness 16

5. COVID-19 prevention 20

Annex 1: Myanmar factory checklist  23

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Introduction to Laws on Occupational Safety and Health in Myanmar 2020

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1. INTRODUCTION
1.1 Context in Myanmar
This guide provides an overview of the legal framework relating to occupational safety and health
(OSH) in Myanmar and refers to COVID-19 directives with a particular focus on factories.

Myanmar’s OSH laws are characterized by a fragmented framework that has developed over a
number of years that have generally focused on specific hazards or specific industrial sectors and as
a result a number of provisions are outdated. In 2019, the Pyidaungsu Hluttaw (national parliament)
passed a new Occupational Safety and Health Law which was intended to substantially modernize
the legal framework and provided for a more promotional rather than prescriptive framework for
OSH oversight. A number of fundamental and sectoral regulations would accompany this law to give
effect to its provisions. However, as of December 2021, the OSH law has not been enacted and is not
in force.

The primary law relating to OSH is contained in the Factories Act 1951, and to some extent in the
Shops and Establishments Law 2016. Compensation for workplace injuries is governed by the Social
Security Law 2012 and Workmen’s Compensation Act 1924. Other laws also address OSH primarily at
a sector level or in relation to specific hazards and include laws relating to mines, fisheries, chemicals,
pesticides, fertilizers, boilers, atomic energy, electricity, fires, oilfields, and others which are not
covered in this guide.

With the onset of the global COVID-19 pandemic, factories, establishments and shops are required to
follow instructions issued by the Ministry of Health and Sport in 2020. During 2020, the instructions
were updated and the most recent instruction from October 2020 is included in this guide.

1.2 International labour standards

International labour standards are legal instruments setting out basic principles and rights at work.
They are either:

•• Conventions (or Protocols) - which are legally binding international treaties that can be ratified
by member States. When an ILO member State ratifies a Convention or Protocol, it means the
country commits to implementing its requirements.

•• Recommendations - which are non-binding guidelines. These provide important guidance for
ILO member States on how to apply a particular Convention, or a wider subject.

Since the ILO was established, OSH has been a key area in the international labour standards
framework. The ILO has adopted more than 40 standards specifically dealing with occupational
safety and health, as well as over 40 Codes of Practice. Nearly half of ILO instruments deal directly or
indirectly with occupational safety and health issues.

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 Introduction to Laws on Occupational Safety and Health in Myanmar 2020

Key Occupational Safety and Health Conventions

1. Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

2. Occupational Safety and Health Convention, 1981 (No. 155)

3. Protocol of 2002 to the Occupational Safety and Health Convention, 1981

4. Occupational Safety and Health Recommendation, 1981 (No. 164)

5. Occupational Health Services Convention, 1985 (No. 161)

6. Occupational Health Services Recommendation, 1985 (No. 171)

7. Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No.
197)

8. Protection of Workers' Health Recommendation, 1953 (No. 97)

9. Welfare Facilities Recommendation, 1956 (No. 102)

10. List of Occupational Diseases Recommendation, 2002 (No. 194)

To date, Myanmar has not ratified any of the above Conventions, but has ratified Conventions
connected to workers compensation for occupational injuries and disease.1 The ILO has published
a guide to key OSH Conventions published in English and Burmese which is available on the ILO
website www.ilo.org/yangon. Specific training modules on aspects of OSH is available on the ILO
Myanmar e-campus website https://ecampus.iloyangon.org/

1 Workmen's Compensation (Accidents) Convention, 1925 (No. 17); Workmen's Compensation (Occupational Diseases)
Convention, 1925 (No. 18); Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19); Workmen's
Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42).

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2. GENERAL OBLIGATIONS

Relevant laws
Social Security Law 2012

Employment and Skills Development Law 2013

Standard Employment Contract Template 2017

2.1 Social Security Law 2012

Coverage
Under the Social Security Law 2012, unless exempted by law, companies with five or more workers
must register with the Social Security Township Office of the Social Security Board (SSB) within 30 days
of the start of operating a business,2 and must pay monthly contributions in order to protect workers
in case of sickness, maternity or paternity leave, death or work injury. An employer is required to
register a worker within 10 days of appointing them.3

Workers who are permanent or temporary, as well as apprentices must be registered. All sectors are
required to participate in the Social Security programme with the exception of the following, to whom
registration is voluntary:

•• government departments and organizations (non-business)

•• international organizations, embassies or consulates of foreign governments

•• seasonal farming and fisheries

•• establishments which carry out business only for a period of less than three months

•• non-profit organizations

•• family businesses

•• domestic services not for business purpose

•• any other establishments as may be exempted by the President.

Workers whose employers are not required to register to the social security township office can
register on a voluntary basis.

2 Clause 40(b), Social Security Rules.

3 Clause 42(c) Social Security Rules.

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Obligations
Section 53 of the Social Security Law sets out obligations relating to OSH including a requirement
that employers and workers coordinate with the Social Security Board (SSB) or insurance agency
relating to plans for safety and health to prevent occupational injuries, contracting occupational
diseases and education.4 The costs of medical treatment for employment injuries from criminal acts
or omissions by the employer, or a failure to keep OSH plans are to be met by the employer.5 An
employer is obliged, without delay, to report immediately to the relevant township social security
office if a serious occupational accident has occurred in relation to an insured worker.6

Further detail concerning employment injury insurance and payments is set out in chapter 4.

2.2 Employment and Skills Development Law 2013

Who does it cover?
The Employment and Skills Development law applies to government departments, government
organizations, cooperatives and private and/or joint ventures and any organization or company
employing more workers than stipulated,7 whether permanently or temporary. It covers all
workers (including apprentices) employed for wages with a: government department, government
organization, cooperative, private and/or joint venture or any organization or company.

Obligations
The Employment and Skills Development Law 2013 contains a general reference that an employment
contract must contain provisions relating to medical treatment.8 The Employment Contract
Template, promulgated pursuant to this law requires contracts to include measures for workers'
sickness, workplace injuries, occupational diseases and workers' death in the workplace under the
respective labour laws9 and for the employer to work cooperatively with workers in relation to OSH
arrangements.10 While these requirements are general, this suggests there is an obligation that OSH
arrangements are to be agreed in an employment contract.

4 Section 53(a).
5 Section 53(b).
6 Section 54(a).
7 At the time of publication, it was not possible to identify what exactly is stipulated.
8 Section 5(b)(11).
9 Clause 11(l).
10 Clause 11(t).

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3. SECTOR SPECIFIC OSH REQUIREMENTS

Relevant laws
Shops and Establishments Law 2016

Shops and Establishments Rules

Factories Act 1951

3.1 Shops and Establishments Law 2016

Coverage
The Shops and Establishments Law 2016 covers a wide range of business activities and is considered
to have a very wide application to businesses that are not covered by other laws. It includes:

•• wholesale or retail sale shops11

•• commercial establishments12

•• establishments for public entertainment.13

However, it does not cover cottage industries, roadside or temporary stalls, shops and establishments
at a public exhibition held from time to time or a temporary shop or establishment for public
entertainment. It also does not cover family members of an employer (parents, spouse or children,)
who live with and are dependent on the employer.

Obligations
Chapter 7 of the Shops and Establishments Law refers to OSH obligations. Under s.24, employers
have the following obligations:

•• arrangements for cleaning, good ventilation, and health;

•• fresh air and sufficient light;

•• noise to not be louder than specified levels;14

11 Including hair dressing, beauty salons, fitness establishments, goldsmiths, radio, television or telephone repairing, book
binding or photo printing, pawn shops, laundry, footwear repairing, photocopy establishments, wrapping and packing
material, sawing, tailoring, computer and laptop businesses, publishing and repair of consumer electronic products.
12 Including insurance, joint stock, bank or broker, advertising, commission, forwarding or commercial agency, clerical
department of a factory or of industrial or commercial business, employment agency, private education institution,
private hospital and clinic, hotel, motel or inn, travel agency and toll fee collection gate.
13 Including cinemas or theatres or any hall for entertainment, video houses, karaoke lounges, game stations with computer
and electronic equipment, amusement parks, public gardens and parks, health fitness centres, children’s playgrounds.
14 “Specified levels” are not defined.

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•• arrangements for the prevention of overheating [literal translation] and the prevention of fire
hazards;

•• sufficient first aid boxes and medicine for the employees according to [the provisions].15

However, there is no further detail relating to these requirements and no specific penalties in the law
relating breaches of this provision. The Shops and Establishments Rules provides further requirements
in addition to s.24 of the primary legislation. However, these requirements are relatively general and
also have no penalty for breaches of the provision. Clause 16 requires an employer to:

•• Ensure emergency access including stairs, entrances and exits as well as exit signs in shops
or workplaces in high-rise buildings using elevators

•• Supervise flammable substances with necessary precautionary measures to prevent fire.

•• Not exceed specified noise limits

•• Have adequate cleaning staff who are supervised to ensure cleanliness, odor-free sanitation
in relation to floors, furniture, places for cooking, pots and pans in use, drinking water areas
and toilets

•• Ensure proper disposal of waste without harming the environment.

•• Provide adequate personal protective equipment, for workers’ health, in the workplaces with
extreme weather and temperatures.

•• Provide first aid kits and necessary medicines.

With respect to working hours, workers in shops or establishments:

•• shall not be required to work for more than eight hours per day or 48 hours per week

•• shall not work longer than four hours without receiving a rest of at least 30 minutes

•• shall have periods of work and rest periods may not exceed a total of 11 hours.

The employment of children is restricted as follows:

•• Children under the age of 14 are not permitted to work in a shop or establishment.

•• A child between 14 and 16 years of age may be employed for up to four hours a day if a
responsible registered doctor provides a fitness certificate.

•• Children under the age of 16 are not permitted to work overtime exceeding the working
hours in any shop or commercial establishment or establishment for public entertainment.

•• A child under 18 years of age shall not be employed at a prescribed dangerous business
or dangerous workplace.16 However, a person who is under 18 years of age but is over 16
years of age may be employed if: (a) he or she passed vocational training school for the work
concerned; or (b) understands and follows the instructions on safety and health at work; or
(c) if he or she is fit, may be permitted to work in a workplace with a fitness certificate from a
registered doctor and the work does not damage his or her growth and morale.

15 “Provisions” are not defined further.

16 Section 14(d).

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3.2 Factories Act 1951

Coverage
The Factories Act applies to manufacturing,
processing,17 transporting oil and water, energy,18
publishing, printing, ship-building, motor vehicle Employers’ obligations
repair, and government-controlled factories.
Cleanliness
It also specifies that it covers the following
workers: persons employed for wages or not in Sanitation
the manufacturing process, maintenance workers, Ventilation
supervisors, accountants, clerks, security guards,
Preventing overcrowding
drivers, cleaning workers, cooks, odd-job persons,
gardeners and general workers (either related Controlling noise
or not related to the ‘manufacturing process’) Lighting
as well as workers in the construction, electrical
Drinking facilities
and chemical sectors. It does not include a mine
subject to the Myanmar Mines Law. Eating facilities

A factory is defined as: Restrooms

•• premises where five or more workers are Safe operation of machinery

working, or were working, on any day of Fire prevention
the preceding 12 months, and in any part
Managing explosive substances
of which a manufacturing process is being
carried on with the aid of power; and First aid

•• premises where 10 or more workers are Building safety

working, or were working on any day of
Working hours and rest requirements
the preceding 12 months, and in any part
of which a manufacturing process is being Notification of accidents and diseases

carried on without the aid of power. Training

General obligations
Chapters III - IV set out general obligations relating to the health, safety and welfare of workers. These
requirements should also be read in light of COVID-19 Directives that are set out later in this guide.
A number of these obligations also provide for exemptions. Rules or Directives may specify further
criteria relating to their application. Oversight of the Act rests with the Factories and General Labour
Inspection Department (FGLLID) of the Ministry of Labour. The Chief Inspector, under FGLLID, may
also impose in some circumstances, directions19 or exemptions.20

17 For example, altering, repairing, ornamenting, finishing, packing, cleaning, breaking up and testing of chemical
substances.
18 For example, generating, transforming or transmission.
19 For example, in relation to dust and fumes under s.16.
20 For example, in relation to overcrowding under s.18.

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Cleanliness and sanitation

•• Every factory and the compound must be kept clean. Dirt and refuse must be removed daily
and disposed of in a suitable manner.21 Effective measures must also be in place that do
not impact the environment, for the disposal of other effluent, fumes and waste from the
manufacturing process.22

•• The floor of work rooms must be washed at least once a week, using disinfectant where
necessary, or using other effective methods.23

•• When there is a likelihood of water collecting on the floor in the course of any manufacturing
process, an effective means of drainage must be in place.24

•• All inside walls and partitions, ceilings, passages and staircases shall either: (i) be kept
whitewashed or colour-washed and such washing shall be repeated at least once in every
12 months; or (ii) where they are painted or varnished, be repainted or re-varnished at least
once in every three years.

•• Factories must provide facilities for washing for male and female workers that are accessible
and shall be kept clean.

•• Facilities for storing and drying clothing must be provided.

•• Sufficient gender segregated toilets with adequate ventilation that are sanitary and clean
must be provided25 and additional requirements are prescribed for factories with more than
250 workers26.

•• A sufficient number of spitting bowls for betel must be in a convenient place and maintained
in a clean and hygienic condition.

Ventilation

•• Effective and suitable arrangements shall be made in every factory for adequate ventilation
by the circulation of fresh air. Where the nature of the work carried on in the factory involves,
or is likely to involve, the production of excessively high temperatures, adequate measures
as are practicable shall be taken to protect the workers by separating the process which
produces such temperatures.27

•• Effective measures shall be taken to prevent the inhalation and accumulation of dust.28

•• No stationary internal combustion engine shall be operated unless the exhaust is diffused
into the open air outside, and no other internal combustion engine shall be operated in any
room unless effective measures have been taken to prevent the accumulation of fumes.29

21 Section 13.
22 Section 14.
23 Section 13(b).
24 Section 13(c).
25 Section 21(1)
26 Section 21(2)
27 Section 15.
28 Section 16(1).
29 Section 16(2)

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•• Where air humidity is artificially increased, rules may be established setting out additional
standards of ventilation.30

•• Ventilation and temperature standards or requirements may be prescribed by FGLLID for any
factory or class of factories.31

Workspaces

•• Factories must prevent overcrowding. The amount of cubic space for every person employed
in a room shall not be less than 500 cubic feet and no space more than 14 feet above the floor
shall be taken into account for the purpose of calculating the cubic space.32

•• In every part of a factory where workers are working or passing, there must be sufficient
and suitable lighting that is either natural or artificial. Measures must also prevent glare, or
eyestrain due to darkness.33

•• Factories must ensure effective measures to avoid excessive noises in accordance with
specifications (which are not described in the law but FGLLID may issue orders or directives).

•• All floors, steps, stairs, passage and gangways must be of sound construction and properly
maintained and, where it is necessary to secure safety such floors, steps, stairs, passages
and gangways must be provided with substantial handrails.34 In addition, pits, sumps and
openings in floors which by reason of depth, situation, construction or contents, is likely to be
a source of danger, must be either securely covered or fenced.35

Drinking, eating facilities and rest rooms

•• Employers must provide clean drinking water for workers in stations that are convenient for
workers. These stations must be marked "drinking water" and must be at least 20 feet [6
metres] away from washing areas and toilets. Enterprises with more than 250 workers must
provide cool water during hot weather.36

•• Suitable for seating arrangements shall be provided and maintained for all workers required
to work in a standing position, in order that they may take advantage of any opportunity for
rest during the course of their work.37

•• FGLLID may establish requirements that in any specified factory or class of factories where
more than 250 workers are employed to have a canteen that is provided and maintained for
them.

30 Section 17.
31 Section 15(2) and (3).
32 Section 18(2).
33 Section 19.
34 Section 34.
35 Section 35.
36 Section 20.
37 Section 46.

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•• In factories where more than 100 workers are employed, adequate and suitable rest rooms
and an adequate and suitable dining room, with drinking water facilities, shall be provided.
Such facilities must have shall be sufficiently lighted, ventilated and maintained as far
as practicable in a cool and clean condition.38 FGLLID may issue directives relating to the
construction and other matters relating to restrooms. It may also by notification exempt any
factory or class of factories from this requirement.

Machinery

•• In every factory, machinery including prime movers, transmission machinery and other
machinery shall be fenced by guards which must be maintained and kept in position while in
use. Any examination of machinery covered by this section must be carried out by a trained
adult male worker who is required to undertake such work according to specific requirements.39

•• In every factory suitable devices for cutting off power in emergencies shall be provided and
maintained in every work room.40 Specific requirements are also set out in relation to moving
parts in s.26.

•• Every hoist or lift shall be of good mechanical construction, sound material and strength
and shall be property maintained. Every hoist or lift shall be thoroughly examined by an
authorized examiner at least once every six months and a register shall be kept containing
the prescribed particulars of every such examination. The Act contains a number of specific
provisions relating to the load and other requirements for this machinery in s.30.

•• Cranes and other lifting and hoisting machinery must be of good construction, sound material
and strength; properly maintained and shall be thoroughly examined by an authorized
examiner at least once every 12 months. A register shall be kept containing the prescribed
particulars of every such examination. Specific requirements also apply relating to the
operation of such machinery in s.31.

•• Revolving machinery is required to adhere to specific requirements relating to peripheral

speed with required notices affixed near the machine relating to speed.41

•• If any machinery or plant used in a manufacturing process is operated at a pressure above

the atmospheric pressure, effective measures must be taken to ensure that safe working
pressure of such part is not exceeded.42

Fire prevention and explosive substances

•• Confined spaces must comply with specific rules relating to access, or where dangerous
fumes are present, including use of specialized breathing apparatus. All apparatus shall be
examined at regular periods and certified by an authorized examiner to be fit for use, and
a sufficient number of the persons in every factory shall be trained in the use of all such

38 Section 49.
39 Section 23.
40 Section 26.
41 Section 32.
42 Section 33.

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apparatus. Similarly access to a boiler furnace, boiler flue, still, chamber, tank, vat, pipe, or
other confined space is also subject to specific access requirements.43

•• Specific requirements apply to flammable dust and fumes under s.39 where they are likely
to explode on ignition. All possible measures shall be taken to prevent any explosion by: (a)
effective enclosure of the plant or machinery used in the manufacturing process; (b) removal
or prevention of accumulation of dust, fumes or vapour; and (c) isolation or effective enclosure
of all possible sources of ignition. Section 39 should be referred to in relation to measures
factories should take to prevent explosions and vapours that are greater that atmospheric
pressure.

•• In all factories, exit doors from rooms shall not be locked or fastened so that can be easily
and immediately opened from the inside while any person is within the room, and all such
doors, unless they are sliding doors, shall be constructed to open outwards.44

•• Doors providing a means of escape in case of fire, other than the means of exit in ordinary
use, shall be distinctively marked in a language understood by the majority of workers.45

•• Factories must have apparatus to give a warning in the case of fire that is clearly audible to
every person employed in the factory.46

•• All the workers must be familiar with the means of escape in case of fire and have been
adequately trained in the procedures to be followed.47

First aid

•• A first-aid box or a cupboard equipped with the prescribed contents must be readily accessible
during working hours for every hundred workers.48

•• A person must be responsible for the first aid supplies who has been trained in first-aid
treatment and available during working hours.49

•• In every factories with more than 250 workers medical clinic must be provided under the
supervision of a medical officer and nursing staff as may be prescribed.50

Working Hours

Adult workers in factories:

•• shall not be required to work more than eight hours per day or 44 hours per week

•• should not work longer than five hours at a stretch without receiving a rest of at least 30
minutes

43 Section 38.
44 Section 40.
45 Section 40.
46 Section 40.
47 Section 40.
48 Section 47.
49 Section 47.
50 Section 47.

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•• shall have periods of work and rest periods that may not exceed a total of 10 hours in a
workday.

Adult workers in factories engaged in work that, for technical reasons, must be continuous throughout
the day may be required to work 48 hours in a week.

Women and children

The Child Rights Law defines hazardous work as one of the worst forms of child labour and prohibits
it for all children under 18 years.51 In 2020 Myanmar ratified the Minimum Age Convention, 1973 (No.
138) which includes prohibitions on hazardous work for children under the age of 18. Section 49(a)
of the Child Rights Law provides that the relevant Ministry shall establish what types of work shall be
considered hazardous, in consultation with relevant employers’ and workers’ organizations. The types
of hazardous work to be covered by s.49(a) have not been promulgated at the time of publication.
Section 75(a) of the Factories Act prohibits children under 16 from engaging in a hazardous situation,
a situation that is harmful to his or her health or in a workplace where he or she would be exploited.52
However as noted below, there is a gap between the two laws.

The Factories Act defines children (as either 14 or 15 years of age), adolescents (as either 16 and 17
years of age) and adults (as 18 years of age and over). A child under the age of 14 is not permitted
to work in a factory. Children and adolescents are permitted to work only if they have a certificate of
fitness to work (which is valid for one year) from a certifying surgeon.53 Adolescents aged 16 years
and over may under s.77(2)(b) be given a certificate of fitness to work as an adult. In such a case,
adolescents are deemed “adults” for the purposes of applying Part VII of the Factories Act relating to
hours of work. Thus, the working hours that apply to adults would apply.

There are some prohibitions on the employment of children (and in some instances women) in
hazardous work in factories, with restrictions on children (aged 14 or 15 years years) and adolescents
(aged 16 and 17) as follows:

•• No woman or child is permitted to clean, lubricate or adjust any part of the machinery while
part is in motion or to work between moving parts, or between fixed and moving parts of any
machinery which is in motion.54

•• No young person (defined as a person under 18) shall work or be required to work at any
machine as specified in Rules, unless they have received full instructions and sufficient training
in using machines, or is under supervision of a person who has a thorough knowledge and
experience of the machine.55

•• Women and children under 16 are prohibited from working in parts of a factory where a
cotton opener is at work, and certain exceptions apply.56

51 Sections 3(t) and 48(a).

52 Section 75(a).
53 Section 77.
54 Section 24(2).
55 Section 25.
56 Section 29.

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•• No woman, adolescent or child shall be employed in any factory to lift, carry or move any load
so heavy as to be likely to cause injury.57

Given the differences between the Factories Act and Child Rights Law, and that hazardous work in
the latter has not yet been defined, employers should consider carefully assessing work in factories
to determine areas of work that are hazardous and consider restricting children under the age of
18 from engaging in such work. For example, under the ILO Minimum Age Recommendation, 1973
(No. 146) full account should be taken of relevant international labour standards, such as those
concerning dangerous substances, agents or processes (including ionising radiations), the lifting of
heavy weights and underground work.58

In addition, the Factories Act has additional provisions specifically relating to women including the
following:

•• Necessary arrangements must be made for women who are menstruating who are not able
to work due to their health59

•• Pregnant workers shall only be assigned to light work, and a woman who is more than 7
months pregnant is [not] permitted to work overtime or work at night60

•• In factories with more than 200 female workers, a day care centre must be provided for
children under the age of six years.61

If the any operation carried on in a factory is likely to expose employees therein to risk of bodily
injury, poisoning or disease, Rules can also be made to:

•• declare a specified operation dangerous and prohibit or restrict the employment of women,
adolescents or children in such operation;

•• provide for periodic medical examinations of current and prospective employees and prohibit
the employment of persons not certified as fit for such employment;

•• provide for the protection of all employed persons in an operation;

•• Prohibiting restricting or controlling the use of any specified materials, or process in

connection with the operation.62

Training
There is limited reference to training in the Factories Act, other than stating that employers as
necessary shall send the health officer who is responsible for OSH, supervisors and workers to OSH
training recognized by the Ministry.63

57 Section 36.
58 Article 10(1).
59 Section 36(3).
60 Section 36(4).
61 Section 50 as amended.
62 Section 52.
63 Section 43(a) inserted by the Factories Amendment 2016.

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Inspection
Chapter II of the Factories Act provides for the appointment of inspectors. The powers of inspectors are
set out in s.11 to provide that inspectors may enter a factory and to inspect the premises, machinery,
documents, prescribed registers, or receive any statement from a person for the purpose of carrying
out functions under the Act. Inspectors may exercise such other powers as may be necessary for
the purposes of the Act, but no person shall be compelled to answer any questions or give evidence
tending to incriminate themselves. Section 56(1) provides that inspectors may also take samples of
substances if it is believed there is a contravention of the Act or Rules, or likelihood to cause harm to
workers in a factory.

In certain circumstances where it appears to an Inspector to an Inspector that any building or part of
a building, machinery or plant in a factory is dangerous to human life or safety, he or she may serve
on the factory an order in writing requiring plans or specifications to be submitted demonstrating it
can be used safely, or conduct tests to confirm its safety.64 An inspector may also serve a written order
prohibiting such use until it has been repaired or altered.65

The Chief Inspector may also, by order in writing serve on the manager of any factory a requirement
to display notices or posters relating to the health, safety or welfare of the workers in the factory.66

Notification of accidents and diseases

If an accident occurs which causes death, or causes any bodily injury preventing a person from working
in the factory for a period of 48 hours or more immediately following the accident, the manager of the
factory is required to submit notice to the Factories and General Labour Law Inspection Department
(FGLLID), and in such form and within such time as may be prescribed.67 If a worker contracts any
occupational disease specified in Schedule III of the Workmen’s Compensation Act, the employer is
required to notify the Chief Inspector (FGLLID) in accordance with s.54. Under the Social Security
Law, if an insured worker is injured in an accident, the employer must also report it to the township
social security office.

Worker obligations
Additional obligations are set in the Act in relation to workers covering the following prohibitions:

•• wilfully interfering with or misusing any appliance or other item provided in the factory for
the purpose of securing the health safety or welfare of the worker.

•• wilfully and without reasonable cause doing anything likely to endanger another person other

•• wilfully neglecting to make use of any appliance or other thing provided in the factory for the
purpose of securing the health or safety of the workers.68

64 Section 41.
65 Section 42.
66 Section 99(3).
67 Section 53.
68 Section 104.

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General offences and penalties

The Factories Act contains general provisions relating to contravention of the Act and any Rule or
Order under it by the manager or occupier of a factory. Such offences are liable on conviction to
imprisonment of up to three months or a fine, or both.69 A person who has previously been convicted
and is convicted a further time is liable to a longer term of imprisonment and a higher fine.70

Section 87 also provides if any worker employed contravenes any provision of the Act or Rules, he or
she is liable to imprisonment for a term which may extend to one month, a fine, or both. If a worker is
punished under this section, the manager or occupier of the factory is deemed to be not guilty of an
offence in with respect to the worker’s contravention unless the employer fails to take all reasonable
measures to prevent the worker’s actions.

Other offences are also specifically covered elsewhere in the Act with specified penalties including,
inter alia, obstruction of an inspector in performing their duties, fraud relating to certificates of fitness
for workers and failure to submit specified notices.

69 Section 85.
70 Section 86.

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4. SOCIAL SECURITY AND COMPENSATION FOR

INJURY AND ILLNESS

Relevant laws
Factories Act 1951

Social Security Law 2012

Shops and Establishments Rules 2018

Workmen’s Compensation Act 1923

4.1 Social security contributions by employers and workers

Where an enterprise has registered with the SSB, both the employer and workers make mandatory
contributions to the social security fund. Employers must reserve workers’ contributions from
workers’ pay.

Table 1. Social security contributions

Benefit name Contribution level

Medical care “Health and Social Care Fund”

Funeral grant If the insured person is less than 60 years old at registration:

Sickness cash benefit • Worker 2%.

Maternity cash benefit • Employer 2%.

Paternity cash benefit If the insured person is 60 years old or older at registration:

• Worker 2.5%.

• Employer 2.5%.

Work injury “Employment injury Fund”

Employer: 1%.

Can increase to 1.5% as a sanction in case of repeated work

injuries (threshold defined in Rule 58).

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In calculating wages, wages are defined as all remuneration entitled to be received by a worker
for the work carried out by him, which includes other remuneration which may be determined as
overtime fees and income.”71

The calculation of wages does not include:72

•• pension payments

•• gratuity for services

•• social security cash benefits

•• allowances for travel

•• meals

•• medical treatment or other services

•• accommodation

•• electricity or water service

•• duties and taxes

•• work-related expenses

•• bonuses due at the end of contract

•• recreation

•• damages for dismissal from work and compassionate allowance.

4.2 Compensation for injury and illness

Compensation for workplace injury and illness is regulated under the Social Security Law and the
Workmen’s Compensation Act. The Social Security Law applies to all companies with five workers or
more (unless exempted), and to workplaces that register voluntarily. An employer, however, shall pay
for medical treatment for workplace injuries if there are omissions or criminal action by the employer,
or they fail to keep occupational safety plans and protections.

Under the Social Security Law, if an insured worker is injured in an accident, the employer must report
it to the township social security office. The employer will also need to report to the FGLLID, and
hence, a dual reporting system. The SSB investigates the accident and whether the injured worker
is insured under the social security system. If the worker is not insured, but the worker should
have been insured, and because the employer has failed to comply with this requirement, the SSB
calculates the amount of benefit due and will require the employer to compensate the same amount
to the worker. An insured worker should receive the benefit due from the Social Security Fund – but
the extent to which this is applied in practice is not clear.

Workers insured under the Social Security Law are also entitled to cash benefits during a period of
reduced or lost income due to injury and illness, and the details are provided in the next section.

71 See s.2(j) Social Security Law.

72 See s.2, Payment of Wages Act.

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All workers with workplace injuries or illness who are not covered by the social security programmes
can resort to the Workmen’s Compensation Act. To be compensated under the Workers Compensation
Act, an injured worker, or his/her family if the worker is deceased, can submit a case to the township
committee on workmen’s compensation. The committee investigates the issue and decides the
amount of compensation the employer must pay. The law provides further details regarding notice,
reporting, investigation, medical examinations, and compensation.

In case of accidents, employers shall offer free medical examinations to workers. Employers are also
liable to pay compensation to workers for injuries and diseases arising out of and in the course of
employment, provided that, in respect of injury, it should not be directly attributable to:

•• the worker been under the influence of drink or drugs;

•• the worker’s wilful disobedience of the safety rules and orders of the employer; or

•• the worker’s wilful removal or disregard of safety guards or other devices which he/she knew
to have been provided for the purpose of securing his/her safety.

4.3 Appealing decisions of the Social Security Board

Insured workers and employers have the right to appeal decisions of a local social security office to the
region or state levels, and then to the appeal tribunal established by the SSB. Workers and employers
covered under the Workmen’s Compensation Act can appeal decisions of the commissioner to the
High Court.

4.4 Types of benefits for workers

The table below identifies several types of benefits provided to workers registered at the SSB,
including summaries of qualification periods, benefit formulas, and duration of benefits. The table is
not a substitute for the law and should not be regarded as comprehensive.

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Table 2. Benefits for workers registered with the SSB

Type Qualification Benefit Duration

Medical care Medical exam (in case of Free medical care in nationwide Social Up to 26
(ss. 22 - 23) voluntary registration) Security clinics and hospitals, as well as weeks
Worker registered at the contracted private hospitals and clinics in
SSB and regularly paying certain areas.
contributions. Reimbursement of care in other public
hospitals under referral. Reimbursement of
care in either public or private hospitals or
clinics in case of emergency.

Sickness 6 months work Cash benefit at 60% of average wages over Up to 26

(SSL ss.23) 4 months contribution the previous four months, weeks

Maternity 12 months work Mother: Free medical care in permitted Up to 14

(SSL ss.25 - 27) 6 months contribution hospitals, clinics. weeks (six
Child: medical care in first year. weeks before
Cash benefit for maternity leave at 70 percent delivery of a
of the average wage (over the previous 12 child and 8
months). weeks after
Additional bonus of 50 percent, 75 pecent delivery of a
or 100 percent of the average wage at the child)
time of delivery depending on the number of
babies (1, 2 or 3).
Paternity 12 months work Cash benefit for leave at 70 percent of Up to 15 days
(SSL ss.28) 6 months contribution average wages (over the previous 12
months), plus maternity bonus for the
uninsured spouse.
Funeral Grant Being registered Between one and five times the average Lump sum
(SSL s.30; SS Rules and regularly paying monthly wage of the deceased over the past
ss.129) contributions at least 1 four months depending on the deceased’s
month prior to the claim. contribution period.
Work Injury Temporarily incapable Cash benefit at 70 percent of monthly Up to 12
-Temporary of work caused by work average wage (previous four months). months
Disability accident/injury.
(SSL ss.55 - 56) At least 2 months of
contribution.
Work injury Permanently incapable Cash benefit at 70 percent of monthly Varies by level
–Permanent of work caused by work average wage (previous four months). of disability
Disability accident/injury. decided by
(SSL ss.57 – 59) At least 2 months of the Medical
contribution. Board.73
Work injury – Death of the worker due Between 30 and 80 times the average Either lump
Survivor’s benefit to a work accident or monthly wage of the deceased over the past sum or
(SSL s.62) disease. four months depending on the deceased’s periodical
At least two months of contribution period. payment
contribution.

73 If the loss of capacity for work is under 20 per cent, the benefit is monthly cash benefit for five years in a lump sum. If
it is between 20 and 75 percent, the benefit is seven years of cash benefits either in a lump sum or periodical payment.
For over 75 per cent loss of capacity to work, nine years’ worth of the monthly average wage either in a lump sum or
periodical payment.

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5. COVID-19 PREVENTION

Relevant orders and announcements

Guideline for prevention and control of Coronavirus Disease (COVID-19) in factories,
workplaces and construction sites Version 1.0, 19 March 2020; Version 2.0, 30 March 2020;
Version 3, 19 April 2020; Version 4, 26 June 2020; Version 4.1, August 2020, Version 5, 9
October 2020.

COVID-19 prevention guideline for food shops and hotel restaurants 24 March 2020

Guideline for commuters and public transportation during COVID-19, 11 May 2020

Guidelines for markets and shops in townships, wards and villages, 21 April 2020

COVID-19 hotel and motel instructions 3 June 2020

Updated standard operating procedures for restaurants version 1.1, 11 June 2020

5.1 Overview of orders and announcements

With the onset of the global COVID-19 pandemic in early 2020, Myanmar took measures to control and
prevent the spread of the disease in workplaces and communities. This section provides an overview
the key measures relating to factories and workplaces that remain in place in 2021. Other guidance
was also released as outlined in the box above. It is important to note that workplaces are required
to also follow other existing labour laws.

Initial instructions for the prevention and control of COVID-19 were issued on 19 March 2020 and
were subsequently updated a number of times. Workplace inspections began on 20 April 2020 after
the first lockdown. The Ministry of Health and Sport developed a checklist for use during inspections
to evaluate compliance with the prevention measures in factories (such as physical distancing, use of
PPE and disinfection). A copy of the inspection checklist is in Annex 1.

The most recent Instructions for factories, workshops and establishments to prevent Coronavirus
Disease 2019 (COVID-19) Version 5, 9 October 2020, sets out a number of requirements as provided
below.

Working from home

Where workers are able to work at home, they should do so.

Distancing requirements in workplaces if workers cannot work from home

If it is impossible to work from home, factories, workshops and establishments must have proper
ventilation, avoid face-to-face work as much as possible, and impose six feet of distancing between
workers. Where face-to-face work is necessary, such exposure should be for no longer than 15
minutes.

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Measures to be implemented if distancing requirements cannot be strictly followed

in workplaces
If a factory is unable to follow the physical distancing guidelines relating to six feet of distancing, they
are required to implement the following requirements:

a. implement work in shifts; or

b. require workers to wear a face shield, implement arrangements to avoid face-to-face work
and install partitions; or

c. rotate workers so that 50 percent of workers are assigned to work every other day and
workers not required to attend work should stay in their dormitories or at home.

Arrangements for pregnant women and workers with health conditions

If possible, pregnant workers should work from home on the same rate of salary. A pregnant worker’s
health status should be checked at a health centre prior to returning to work. Pregnant women should
be assigned to work in low-risk workplaces and in work where they are not required to do strenuous
physical activity. They should be provided with at least four break times during working hours in a
well-ventilated space.

Arrangements should be made for workers over 50 years of age and with pre-existing health
conditions (such as hypertension, diabetes and workers who are immunosuppressed). Such workers
are required to consult with a medical practitioner and receive approval prior to returning to work
and be assigned to work in low-risk areas.

Travel to and from work

On transportation to and from work, physical distancing requirements must be followed, and hand
sanitizers, disposable tissues and face masks provided. Disinfection should also be practiced. Health
awareness information podcasts and announcements should also be broadcast.

Additional requirements
The following additional requirements in workplaces must be followed:

•• Frequent handwashing with soap or hand sanitizers (with at least 60% alcohol).

•• Employers must provide adequate hand washing facilities and adequate soap, water, hand
sanitizer and tissue paper. Instructional posters on how to wash hands should be placed next
to hand washing facilities.

•• Workers must wear the necessary personal protective equipment, including masks that cover
the mouth and nose.

•• Workers’ body temperature should be measured on arrival at the workplace. Workers with a
high body temperature should not be permitted to work and arrangements should be made
for medical treatment.

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•• In the dining room, arrangements should be made for workers to have their food and drink
at a distance of six feet from each other, and if workers are face-to-face, separators must be
installed.

•• Arrangements should be made for frequent disinfection of contact areas (e.g. the surface of
tables) and of equipment used by staff.

Positive COVID-19 cases in the workplace

The instructions issued in October 2020 provide that if there is a COVID-19 positive patient (or
suspected positive case) in a factory, workshop or establishment:

•• Places where the patient touched must be disinfected and the workplace74 must be closed for
a 24-hour period. During this period, doors and windows near the work area of the patient or
suspected positive case must be opened for ventilation.

•• While awaiting the results of a COVID-19 test, close contacts of the suspected case must not
come to work.

74 It is not clear if it relates to the whole workplace, or the area in which the worker was working. In the context of the
guidance, it appears to relate to the work area in which a worker was working.

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ANNEX 1: MYANMAR FACTORY CHECKLIST

Name of Factory -------------------------- Date of inspection ----------------------------

Address of Factory -------------------------

Sr. Compliance measures Yes No

1. Stay at Home

Is there any arrangement to work from home for employees who can
work from home?
2. Physical Distancing

* Mark on floor to ensure 6 feet apart

* Arrange to wear face shield or plastic barrier or ensure not to have face
to face situation if it is impossible to have 6 feet apart
* Do not change assignment of employees from each work shift

Arrange to have different working hour for employees from each work
shift
Arrange to have different break time for employees from each work

*3. Instruct employees to wear surgical masks and gloves and provide
enough surgical masks and gloves
4. Staff sickness

Arrange to get treatment at Health Department and not to enter

workplace for employees who have symptoms of COVID 19 such as
fever and cough and other health problems (if there is arrangement,
describe how it is arranged in the remark)
* Clearly describe the information in the instruction of Ministry of Health
and Sports not to enter workplace
* Arrangement to report to respective supervisor and in charge of factory
and continue report to Health Department if employee or one of the
family members of employee is sick
5. Transportation

* Arrange shuttle buses seats with name tags

* Provide hand sanitizer, tissues and surgical masks on ferries

6. Entrance/Exit

* Provide non-touch thermometer or thermal scanner at entrance/exit of

workplace

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Sr. Compliance measures Yes No

(3 non-touch thermometers for 500 employees, 5 non-touch

thermometers for 1000 employees)
Provide personal protective equipment (mask, gloves, apron, face
shield) for the staff who check temperature
Arrange not to be crowded at entrance/exit when staff arrives to work
and leaves work and to go in and out 6 feet apart
* Assign supervisors to check attendance of employees without signing
on paper in a crowd or using a fingerprint scanner
* Make a contact list with addresses and phone numbers of employees
from factory/office
7. Hygiene

* Provide enough sinks that are 6 feet apart (1 sink per 50 people) (the
one of which the tap can be used by pressing with legs)
(a) Entrance/exit of workplace

(b) Workplace

(c) Rest area and dining room

(d) Toilet

* Arrange necessary support to wash hands properly (soap, water, hand

sanitizer, tissues)
Put posters of measures to wash hands properly, at every place where
employees wash hands
8. Cleanliness and Disinfection

Provide enough trash bins, arrange proper garbage collection and

disposal system and record
(a) Toilet

(b) Workplace

Arrange to dispose of one-used personal protective equipment

systematically and record
Arrange to clean personal protective equipment which is not one-used
and record (if there is an arrangement, describe how it is arranged in
the remark)
* Is there enough 70% alcohol to sanitize equipment that is used daily by
employees and metal surfaces that are touched by employees?
* Is there enough 0.1% hypochlorite solution or liquid soap and water to
sanitize floors?
(Is there any knowledge about measures and usage instructions if 0.1%
hypochlorite solution is used to sanitize?)

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Sr. Compliance measures Yes No

9. Meals and Rest

Employees bring lunch boxes and water bottles by themselves

Factory arranges meals

(If yes, describe how personal hygiene of kitchen staffs and their health
issues are arranged in the remark)
Arrange to eat or rest 6 feet apart in dining room and rest areas

Arrange to wash hands properly in dining room and rest areas

10. General

Arrange to have good ventilation at workplaces

If air conditioners are used, arrange to clean filters often and record

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 ILO Liaison Office in Myanmar

ILO Liaison Office in Myanmar

No 1(A), Kanbae (Thitsar) Road
Yankin Township, Yangon,
Myanmar
Phone +95 1 7336538, 7336539

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