Leave and Holidays Act, Act No. 58 of 1951. Dated 1 January 1952. Published by the International Labour Office in Legislative Series 1952 - Bur. 1, July-August 1953.
Remarks: Article 2(4) and the Schedule to the Leave and Holidays Act provide that the Act applies to any person who is employed, whether permanently or temporarily, on wages or on basic pay not exceeding 400 rupees per month, in or upon any of the following trades or industries or establishments: (i) Factories as defined in the Factories Act; (ii) Factories and undertakings as defined as railways in the Railways Act; (iii) Ports as defined in the Rangoon Port Act and in the Ports Act, in so far as labour directly employed by the ports authorities is concerned; (iv) Notified oilfields as defined in the Oilfields Act; (v) Mines as defined in the Mines Act; (vi) Shops, commercial establishments and establishments for entertainment as defined in the Shops and Establishments Act 1951; (vii) Factories and offices of factories of or under the Union Government, or of or under any Board constituted by the Government; and (viii) Factories and offices of factories of or under any local authority, or of or under any Board constituted by the local authority.
However, the Act does not apply to: (i) any member of the family of any employer in cases where the latter is carrying on his own trade or industry or establishment; (ii) persons who are remunerated out of the profits of the trade or industry or establishment in the shape of shares; (iii) domestic servants; (iv) workers in respect of whom leave and holidays are provided under the Minimum Wage Act 1949; and (v) persons employed in government offices and undertakings, or offices and undertakings under the Government, or offices and undertakings of local authorities or offices and undertakings under local authorities, which are neither factories nor offices of factories.
Name of Act
Minimum Wages Act 1949, Law LXVI. Published by the International Labour Office Legislative Series Bur. 1; May-June 1952.
Shops and Establishments Act 1951 No. LIX, Burma Labour Gazette Vol V No 2 p3. International Labour Office, Legislative Series 1951 - Bur. 5; March-April 1953.
Remarks: The Shops and Establishments Act 1951 applies to shops and commercial, public entertainment and industrial establishments (as defined at §2) as the President may from time to time specify by notification. The Act's geographical scope may also be affected by Presidential notification. No relevant notifications have been identified.
However, persons employed as a manager, and employees of the following types of shops and establishments, are excluded from the scope of the Shops and Establishments Act: (a) offices and undertakings of or under Government or a local authority, not being the office of any factory; (b) establishments of overland, waterways and airways transport services; (c) refreshment stalls and other shops at railway stations, docks, wharves and airports; (d) roadside stalls; (e) refreshment stalls and other shops at public exhibitions; (f) fun fairs, refreshment stalls and other shops in short-term shows or entertainments; (g) other categories of shops, establishments or persons as exempted by notification of the President.
LEGAL DEFINITIONS
Employee/worker
For the purposes of the Leave and Holidays Act, ’employee’ means any person who is employed, whether permanently or temporarily, either in or upon any trade or industry or establishment specified in the Schedule to the Act, and employed either on wages or on basic pay not exceeding 400 rupees per month, but does not include: (i) any member of the family of any employer in cases where the latter is carrying on his own trade or industry or establishment; (ii) persons who are remunerated out of the profits of the trade or industry or establishment in the shape of shares; (iii) domestic servants; (iv) workers in respect of whom leave and holidays are provided under the Minimum Wage Act 1949; and (v) persons employed in government offices and undertakings, or offices and undertakings under the Government, or offices and undertakings of local authorities or offices and undertakings under local authorities, which are neither factories nor offices of factories.
Under the Shops and Establishments Act, ’employee’ means: (i) in the case of a shop, commercial establishment or establishment for public entertainment - a person wholly or principally employed in the shop in connection with the business of the shop or establishment, including a person employed in a clerical capacity or as a cashier, messenger, durwan, caretaker, watchman or sweeper; and (ii) in the case of a factory or industrial establishment - a person employed in a clerical capacity or as a cashier, messenger, durwan, caretaker, watchman or sweeper. However, in no case shall the term ’employee’ include an employer or the husband, wife, child, father, mother, brother or sister of an employer who lives with and is dependent on, such employer.
Leave and Holidays Act 1951 §2(4) Shops and Establishments Act 1951 §2(g)
Remarks: The trades, industries and establishments specified in the Schedule to the Leave and Holidays Act are as follows: (i) factories as defined in the Factories Act; (ii) Factories and undertakings as defined as railways in the Railways Act; (iii) Ports as defined in the Rangoon Port Act and in the Ports Act, in so far as labour directly employed by the ports authorities is concerned; (iv) notified oilfields as defined in the Oilfields Act; (v) Mines as defined in the Mines Act; (vi) Shops, commercial establishments and establishments for entertainment as defined in the Shops and Establishments Act; (vii) Factories and offices of factories of or under the Union Govrenment, or of or under any Board constituted by the Government; and (viii) Factories and offices of factories of or under any local authority, or of or under any Board constituted by the local authority.
For the purposes of the Leave and Holidays Act, members of the family of an employer means parents, husband, wife, children, brothers and sisters of the employer.
Employer
For the purposes of the Leave and Holidays Act, ’employer’ includes any body of persons, whether incorporated or not, and any managing agent of an employer and the legal representative of a deceased employer.
Under the Shops and Establishments Act, ’employer’ means a person owning or having charge of the business of a shop, commercial establishment or establishment for public entertainment, or the owner or occupier of a factory or industrial establishment, and includes an agent, manager or other person acting on behalf of such person in the general management or control of such shop or establishment.
Leave and Holidays Act 1951 §2(5) Shops and Establishments Act 1951 §2(f)
Remarks: See §2(a)-(e) of the Shops and Establishments Act for definitions of 'shop', 'commercial establishment', 'establishment for public entertainment', 'industrial establishment' and 'factory'.
Domestic worker
Domestic workers are expressly excluded from the definition of employee under the Leave and Holidays Act and implicitly excluded from the Shops and Establishments Act.
Leave and Holidays Act 1951 §2(4) Shops and Establishments Act 1951 §2
NORMAL HOURS LIMITS
Daily hours limit
General limit
No daily limit of general application identified. However, persons employed in shops, commercial establishments or establishments for public entertainment shall not be required or permitted to work in the shop or establishment for more than 8 hours in any one day.
Shops and Establishments Act 1951 §7(2)
Weekly hours limit
General limit
No weekly limit of general application identified. However, persons employed in shops, commercial establishments or establishments for public entertainment shall not be required or permitted to work in the shop or establishment for more than 48 hours in any one week.
Shops and Establishments Act 1951 §7(2)
OVERTIME WORK
Criteria for overtime
General
No generally-applicable criteria for overtime identified. However, persons employed in shops, commercial establishments or establishments for public entertainment may only be required or permitted to work overtime on any day or in any week in which there occurs stock-taking, making up accounts, settlement or other business as may be prescribed.
Shops and Establishments Act 1951 §7(2)
Worker`s influence
No provision for worker influence with regards to overtime identified.
Limits on overtime hours
General limits
No generally-applicable limit on overtime identified. However, persons required or permitted to work overtime in a shop, commercial establishment or establishment for public entertainment may only be required or permitted to work overtime for up 60 hours per month.
Shops and Establishments Act 1951 §7(2)
Compensation for overtime work
Overtime rate(s)
No generally-applicable provision for overtime rates identified. However, persons employed in shops, commercial establishments or establishments for public entertainment must be paid double their ordinary rate of wages for any overtime work performed.
Shops and Establishments Act 1951 §10
SCHEDULES
General
No generally-applicable provisions regulating schedules identified. However, the periods of work and intervals for rest of each person employed in a shop, commercial establishment or establishment for public entertainment shall be arranged by the employer so that together they do not extend, in any one day, over more than: (i) 11 hours in any shop or commercial establishment; or (ii) 14 hours in any establishment for public entertainment.
Shops and Establishments Act 1951 §7(6)
REST PERIODS
Rest breaks
General provisions
No generally-applicable provision for rest breaks identified. No person employed in a shop, commercial establishment or establishment for public entertainment shall be required or permitted to work in such shop or establishment for more than 5 hours in any one day, unless he or she has been allowed an interval for rest of at least half an hour during that day.
Shops and Establishments Act 1951 §7(4)
Exceptions
Caretakers and watchmen do not need to be given rest breaks, even when employed in a shop, commercial establishment or establishment for public entertainment.
Shops and Establishments Act 1951 §7(6)
Daily rest periods
Duration
No entitlement to daily rest periods identified.
Weekly rest periods
Duration
» General
Employees of shops and establishments covered by the Shops and Establishments Act are entitled to at least 1 day’s holiday each week.
Shops and Establishments Act 1951 §§5(3), 6(1), 6(2)
» Exceptions
The entitlement to a weekly rest day does not apply to any person employed as a manager, nor to employees of the following types of shops and establishments: (a) offices and undertakings of or under Government or a local authority, not being the office of any factory; (b) establishments of overland, waterways and airways transport services; (c) refreshment stalls and other shops at railway stations, docks, wharves and airports; (d) roadside stalls; (e) refreshment stalls and other shops at public exhibitions; (f) fun fairs, refreshment stalls and other shops in short-term shows or entertainments; (g) clubs, residential hotels and boarding-houses; (h) shops dealing mainly in medicines, surgical appliances or other medical requisites sold retail; (i) services for public supply of electricity, electric lighting, gas or water.
Shops and Establishments Act 1951 §5(1), (4)
Day specified
» General
The President may, in consultation with organisations, representatives of employers and persons employed, fix a day on which all commercial establishments and shops dealing in specified goods or located in a specified area shall close each week.
Shops and Establishments Act 1951 §6(3)
Work on weekly rest day
» Criteria
No provisions regulating work on weekly rest days identified.
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
An employee must have completed 12 months’ continuous service to be entitled to annual leave.
During that 12 month period, the employee must have worked at least 24 days in every month in order to qualify for the full leave entitlement.
Leave and Holidays Act 1951 §4(1), (2)
Remarks: The explanation to clause 4(2) states: 'An employee shall be deemed to have completed a period of 12 months' continuous service notwithstanding any interruptions in service during those 12 months brought about by sickness or accident or absence duly authorised under this Act, which, counted together, do not exceed 90 days, or by a lockout or a strike which is not an illegal strike or by intermittent periods of involuntary unemployment which, counted together, do not exceed 30 days.'
Also, an employee who works in any trade, industry or establishment where work is not carried on continuously for 12 months shall be granted annual leave proportionate to his or her period of service (§8 Leave and Holidays Act).
Duration
» General
Employees over the age of 15 years are entitled to 10 consecutive days’ leave per year.
Employees under the age of 15 years are entitled to 14 consecutive days’ leave per year.
Leave and Holidays Act 1951 §4(1)(a), (b)
» Exceptions
An employee shall forfeit 1 day from his or her annual leave entitlement for every month during the preceding 12 month period in which he or she has not worked 24 days.
An employee who works in any trade, industry or establishment where work is not carried on continuously for 12 months shall be granted annual leave proportionate to his or her period of service.
Leave and Holidays Act 1951 §§4(2), 8
Remarks: Note also the exceptions to the annual leave entitlement arising from the definition of employee for the purposes of the Leave and Holidays Act (set out in 'Definitions' above).
Payment
» Amount
An employee shall be paid his or her average wages or average pay (as the case may be) for a period of annual leave under the Leave and Holidays Act.
Leave and Holidays Act 1951 §4(1)
» Date of payment
An employee who has been granted annual leave shall be paid the wages or pay due for the period of leave allowed before the annual leave begins.
Leave and Holidays Act 1951 §4(4)
Schedule and splitting
An employer shall fix the time at which earned leave may be taken by an employee within 3 months from the last date of the period of 12 months in respect to which the annual leave is to be granted.
Accumulated leave may be granted to the employee, by mutual consent between the employer and employee, at any time during any period not exceeding 3 years.
Leave and Holidays Act 1951 §4(3)
Work during annual leave
The Leave and Holidays Act does not contemplate work during annual leave.
Special categories
» Domestic work
Domestic workers are excluded from the Leave and Holidays Act. No alternative entitlement to annual leave identified.
PUBLIC HOLIDAYS
Number and dates
Every employee shall be granted the following public holidays by his or her employer: (i) Independence Day - 1 day (ii) Full Moon of Tabaung - 1 day (iii) Thingyan - 3 days (iv) Burmese New Year - 1 day (v) May Day - 1 day (vi) Full Moon of Kason - 1 day (vii) Resistance Day - 1 day (viii) Beginning of Buddhist Lent - 1 day (îx) Martyr’s Day - 1 day (x) End of Buddhist Lent - 1 day (xi) Full Moon of Tangsaungmon - 1 day (xii) National Day - 1 day
Leave and Holidays Act 1951 §3(1)
Payment
Employees shall be granted the public holidays with full wages or pay (as the case may be).
Leave and Holidays Act 1951 §3(1)
Work on Public Holidays
» Criteria
No criteria for requiring employees to work on public holidays identified.
» Compensation
If an employee is required to work on a public holiday, the employee shall be paid basic wages or pay (as the case may be) at double the usual rate, as well the cost-of-living allowance, if admissible, at the ordinary single rate.
Leave and Holidays Act 1951 §3(2)
Remarks: No definition or source of entitlement for the the cost-of-living allowance is provided by the Leave and Holidays Act.
EMERGENCY FAMILY LEAVE
No provision for emergency family leave identified. However, employees covered by the Leave and Holidays Act are entitled to up to 6 days’ casual leave each year. No criteria are imposed on when casual leave may be taken, however an employee may only take up to 3 days’ casual leave at any one time and may not take it in connection with any other kind of leave. Any casual leave not taken within the year shall lapse.
Leave and Holidays Act 1951 §5
PART-TIME WORK
General provisions
No provisions specific to part-time work identified.
NIGHT WORK
Criteria for night work
No criteria for requiring an employee to perform night work identified.
Limits
No daily, weekly or overtime limits specific to night work identified. However, persons employed in a shop or commercial establishment are prohibited from working after 9.30pm, other than as a caretaker or watchman.
Shops and Establishments Act 1951 §§5(1), 5(4), 7(3)
Remarks: The prohibition on working after 9.30pm does not apply to employees of prescribed banks, who may work overtime up to midnight subject to the general restrictions on overtime. Further, the Shops and Establishments Act does not apply to any person employed as a manager, nor to employees of the following types of shops and establishments: (a) offices and undertakings of or under Government or a local authority, not being the office of any factory; (b) establishments of overland, waterways and airways transport services; (c) refreshment stalls and other shops at railway stations, docks, wharves and airports; (d) roadside stalls; (e) refreshment stalls and other shops at public exhibitions; (f) fun fairs, refreshment stalls and other shops in short-term shows or entertainments; (g) other establishments, shops and persons as notified by the President.
Rest breaks
No provisions specific to night work identified.
Weekly rest periods
No provisions specific to night work identified.
Annual leave
No provisions specific to night work identified.
Compensation
No relevant provisions identified.
SHIFT WORK
Criteria for shift work
No provisions regulating shift work identified.
ON-CALL WORK
Criteria
No provisions regulating on-call work identified.
FLEXITIME
Criteria
No provisions regulating flexitime identified.
CASUAL WORK
General provisions
No provisions regulating casual work identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
No provisions regulating short-time work or work-sharing arrangements identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
No statutory provisions establishing a right to change working hours identified.
INFORMATION & CONSULTATION
Information
Employers must keep and maintain such registers and records as may be prescribed under the Leave and Holidays Act or the Shops and Establishments Act.
Leave and Holidays Act 1951 §11 Shops and Establishments Act 1951 §10
Remarks: No relevant regulations have been identified.
Consultation
No consultation requirements identified.
Results generated on: 24th April 2024 at 05:22:26.
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