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Myanmar - Minimum Wages - 2011


LAST UPDATE

15 November 2011

SOURCES


Name of Act

Law Defining the Fundamental Rights and Responsibilities of the People’s Workers, Revolutionary Council Law No 6 of 1964.

Name of Act

Minimum Wages Act 1949, Law LXVI. Published by the International Labour Office Legislative Series Bur. 1; May-June 1952.

Name of Act

Agricultural Labourers’ Minimum Wages Act, Law No. XLIV of 1948. Published by the International Labour Office Legislative Series Bur. 1; September-October 1950.

Other source used

CEACR Individual Observations concerning Minimum Wage Fixing Machinery Convention 1928 (No. 26) Myanmar (ratification: 1954), as published 2007, 2008 and 2010. Accessed at https://www.ilo.org/ilolex/english/index.htm on 8 November 2011.

LEGAL DEFINITIONS


Employee/worker

Worker means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be it expressed or implied, oral or in writing and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour, except that it does not include any person who is employed casually and otherwise than for the purposes of the employer’s business, and does not also include a worker to whom the Agricultural Labourers’ Minimum Wages Act 1948 applies.
Minimum Wages Act 1949 §2(1)

Minimum wage

Statutory minimum remuneration means the remuneration (including holiday remuneration) fixed by a minimum wages order.
Minimum Wages Act 1949 §2(3)

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The President may establish, by notification, a minimum wage council with respect workers specified in the relevant notification, where the President is of the opinion that no adequate machinery exists for the effective regulation of remuneration of those workers. The question of whether a minimum wage council should be established with respect to a group of workers may be referred by the President to a commission of enquiry. It must also be published for the purposes of giving interested persons at least 30 days to submit objections.

A minimum wage council will consist of not more than 3 persons chosen by the President as independent persons and such number as the President thinks fit of persons who, in the President’s opinion, represent employers and workers in relation to whom the relevant council will operate.

Once established, a minimum wage council may submit proposals to the President in relation to:
(i) fixing minimum remuneration rates for all or any of the workers in relation to which the council operates; and
(ii) requiring all or any of such workers to be allowed holidays by their employers.

Before submitting any proposals to the President, the minimum wage council must make such investigations as it thinks fit. It shall also publish notice of the proposals and invite written representations in relation to the same. The council will then consider any representations received, make such further enquiries as it considers necessary and submit the proposal in its original or amended form.

Once the President receives a minimum wages proposal, the President shall make a minimum wages order giving effect to the proposal.
Minimum Wages Act 1949 §§3, 4, 5, 6, 8, 10

Criteria


Other provisions

A minimum wages council will consider any matter referred to it by the President with reference to the industrial conditions prevailing as respects the workers and employers in relation to whom the council operates.

No other criteria have been identified.
Minimum Wages Act 1949 §8(2)

Coverage


Scope

The scope of the Minimum Wages Act extends to all workers except those who are employed on a casual basis, those who are not employed for the purposes of the employer’s business and those to whom the Agricultural Labourers’ Minimum Wages Act 1948 applies. However, the Act only has effective application where the minimum wage-setting machinery contemplated by the Minimum Wages Act has been established.

At the time of writing, the most recent Government reports to the Committee of Experts on the Application of Conventions and Recommendations (CEACR) indicate that the minimum wages have only been established for employees in the public service and the rice-milling and the cigar- and cheroot-rolling industries.
Minimum Wages Act 1949 §2
CEACR Individual Observations concerning Minimum Wage Fixing Machinery Convention 1928 (No. 26) Myanmar 2007, 2008, 2010

Excluded categories


» Workers

Workers who are employed on a casual basis, or who are otherwise not employed for the purposes of the employer’s business, are excluded from the scope of the Minimum Wages Act and thus any minimum wages orders made pursuant to that Act.
Minimum Wages Act 1949 §2(1)

» Sectors

The Minimum Wages Act does not apply to persons who work for wages in agriculture or occupations subservient to agriculture and make such work their principal means of subsistence. Agriculture includes the kaing cultivation, horticulture and cattle breeding industries.
Minimum Wages Act 1949 §2(1)
Agricultural Labourers’ Minimum Wages Act 1948 §§1(2), 2(a), 2(b)

Specific minimum wage rates


» Specific minimum wage by occupation

A minimum wage proposal may make recommendations for fixing the remuneration to be paid, either generally or for any particular work performed by workers in relation to whom the council operates.
Minimum Wages Act 1949 §10(1)(a)

» Specific minimum wage by sector

Minimum wages are set at a sectoral level. At the time of writing, minimum wages have been set for the public, rice-milling and cigar- and cheroot-rolling sectors.
CEACR Individual Observations concerning Minimum Wage Fixing Machinery Convention 1928 (No. 26) Myanmar 2007, 2008, 2010

» Specific minimum wage by region

The Minimum Wages Act does not expressly contemplate different minimum wages levels for different regions. However, the Act allows minimum wages councils the discretion to make different provision for different cases, or exclude any workers from the scope of the proposal.
Minimum Wages Act 1949 §10(1), (6)

» Minimum wage levels for specific categories of workers


» Trainees

The Minimum Wages Act does not expressly contemplate a different minimum wages level for trainees. However, a minimum wages proposal or order may make different provision for different cases.
Minimum Wages Act 1949 §10(6)

» Domestic Workers

No minimum wage applicable to domestic workers identified.

» Youth

The Minimum Wages Act does not expressly contemplate a different minimum wages level for young workers. However, a minimum wages proposal or order may make different provision for different cases.
Minimum Wages Act 1949 §10(6)

» Disabled

Upon the application of a worker, employer or prospective employer, a minimum wages council may authorise the employment of a worker who is affected by infirmity or physical incapacity, such that the worker is incapable of earning the satutory minimum remuneration, at less than the statutory minimum remuneration. This authority will be subject to any conditions as the minimum wages council may determine.
Minimum Wages Act 1949 §12(1)

» Contractors

Contractors are covered by the Minimum Wages Act, provided that they are contractually obliged to personally execute work or labour for the employer and are engaged for the purposes of the employer’s business.
Minimum Wages Act 1949 §2(1)

» Piece-rate workers

The Minimum Wages Act does not expressly contemplate the provision of minimum wage levels for piece-rate workers.
Minimum Wages Act 1949 §10

Level


Minimum wage level(s) in national currency

The most recent Government reports to the Committee of Experts on the Application of Conventions and Recommendations (CEACR) indicate that the minimum wage levels were, as at 2010, as follows:
(i) Public sector workers - 15,000 kyats per month; and
(ii) Workers in the rice-milling and cigar- and cheroot-rolling indudstries - 3,000 kyats per month.
CEACR Individual Observations concerning Minimum Wage Fixing Machinery Convention 1928 (No. 26) Myanmar 2007, 2008, 2010
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Last minimum wage update

The last known minimum wage update for the public sector was in 2006.

The last known minimum wage update for the rice-milling and the cigar- and cheroot-rolling industries was in or before 1997.
CEACR Individual Observations concerning Minimum Wage Fixing Machinery Convention 1928 (No. 26) Myanmar 2007, 2008, 2010 See in particular 2007 report, paragraph 1

In-kind allowances

Worker shall receive remuneration stipulated by the Minimum Wages Act in cash and clear of all deductions in respect of any matter whatsoever, except any deduction lawfully made in accordance with the Payment of Wages Act. However, a minimum wages proposal or order may contain provisions authorising specified benefits or advantages which may be reckoned as payment of wages by the employer in lieu of payment in cash, provided that such benefits or advantages are not be illegal by virtue of the Payment of Wages Act or other law.
Minimum Wages Act 1949 §13(1), (2)
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Rate of payment


» Other

No statutory provisions regulating the rate of payment of general remuneration identified. However, a minimum wages proposal for requiring a worker to be allowed a holiday shall also regulate the times at which holiday remuneration shall become payable.
Minimum Wages Act 1949 §10(2)(d)

Scheduled frequency of adjustment

The Minimum Wages Act does not stipulate a scheduled frequency of adjustment for the minimum wage. Rather, it requires that a minimum wages council will consider any matters referred to it by the President ’as occasion requires’.
Minimum Wages Act 1949 §8(2)

Enforcement mechanisms


Labour inspection

The President may appoint officers for the purpose of enforcing minimum wage orders. These officers shall have the power to:
(i) require the production of, inspect and examine wage sheets or other records of wages and other such records required to be kept by employers and records of payment made to outworkers by persons giving out work;
(ii) require any person giving out work and any outworker to give any information with respect to names and addresses of persons to who work is given or from who work is received, and with respect to payments made for the work;
(iii) enter, at all reasonable times, any premises at which an employer to whom a minimum wages order applies carries on his or her business (including any place used for giving out work to outworkers and any premises used to provide living accommodation to workers);
(iv) inspect and copy any material part of any list of outworkers;
(v) examine any person whom the officer has reasonable cause to believe is (or was) a worker to whom a minimum wages order applies (or applied), the employer of such a worker or an agent or servant of that employer (subject to the right against self-incrimination).

An employer of any workers to whom a minimum wages order applies shall keep (for 3 years from the date of the last entry) such records as are necessary to show whether or not the relevant provisions of the Minimum Wages Act are being complied with.
Minimum Wages Act 1949 §§15, 17

Fines in national currency for non-respect of legislation

The following contraventions of the Minimum Wages Act shall attract fines of up to 250 rupees for each offence:
(i) failure to pay a worker to whom a minimum wages order applies the minimum remuneration rate stipulated by the order;
(ii) failure to pay a worker to whom a minimum wages order applies the holiday remuneration at the rate and in the manner stipulated by the order;
(iii) failure to allow a worker to whom a minimum wages order applies the holidays fixed the order;
(iv) failure to notify workers of any minimum wages proposals or order affecting them.

However, a person who makes, or causes or knowingly allows to be made, any entry in a record required of employers by Part II of the Minimum Wages Act, or produces or furnishes documents under the Act which he or she knows to be false in any material respect, will be liable to a fine of up to 1,000 rupees. This fine may be an alternative or additional to a prison term of up to 3 months.
Minimum Wages Act 1949 §§11(2), 15(3), 18

Other penalties

Where an employer or other person is convicted of failing to pay a worker to whom a minimum wages order applies the minimum remuneration rate stipulated by the order, the court may order the employer to pay such sum as is found to represent the difference between what ought to have been paid in accordance with the Act and the the amount actually paid to the worker.

Where a person makes, or causes or knowingly allows to be made, any entry in a record required of employers by Part II of the Minimum Wages Act, or produces or furnishes documents under the Act which he or she knows to be false in any material respect, the court may order imprisonment for a term of up to 3 months. This prison term may be an alternative or additional to a fine of up to 1,000 rupees.
Minimum Wages Act 1949 §§11(2), 18

Results generated on: 19th September 2014 at 19:51:40.
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