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
Social Security Act 1954, Act No. LXVI, dated 22 October 1954 and as amended up to Act No. VIII, dated 5 March 1956. As published by the International Labour Office Legislative Seriores 1954-Bur.1; 1955-Bur.1; 1956-Bur.1.
Remarks: The Social Security Act applies to: (a) industrial establishments in which at least 10 workers are employed, or have been employed since the coming into force of the Act (provided that when an establishment has not employed more than 4 workers on any day in the preceding financial year, it shall cease to be covered by the Act); (b) railways under the Union of Burma Railway Board; (c) public industrial and transport establishments of or under the Union Government or any local authority, or of or under any Board constituted by an Act of Parliament or by order of the Union Goverment or local authority; (d) ports as defined in the Rangoon Ports Act and in the Ports Act; (e) mines as defined in the Mines Act; (f) oilfields as defined in the Oilfields Act; (g) stevedoring establishments covered by the Dockworkers Act; (h) the Social Security Board with respect to its own employees; (i) any other establishment as notified by the President from time to time.
Other source used
Social Security Programs Throughout the World: Asia and the Pacific, 2010 - Burma (Myanmar). Published by the US Social Security Administration in March 2011 at http://www.ssa.gov/policy/docs/progdesc/ssptw/2010-2011/asia/burma.pdf and accessed 16 November 2011.
Central Statistical Organization Labour and Employment Reports 3.07 ’Salient Features of the Social Security Schemes’ and 3.08 ’Awards by Type of Social Benefit’, published by the Central Statistical Organization of the Ministry of National Planning and Economic Development, Government of the Union of Myanmar, at http://www.myanmararchives.com/myanmardata2006/3.htm and accessed 16 November 2011.
No statutory entitlement to maternity leave identified.
Duration
Compulsory leave
No relevant provisions identified.
General total duration
No entitlement to maternity leave identified. However, women insured and entitled to maternity benefits under the Social Security Act 1954 are entitled to up to 12 weeks’ maternity benefits in cases of pregnancy and childbirth which involve suspension of earnings. These benefits are detailed under ’Cash Benefits’ below.
Social Security Act 1954 Chapter VI
Historical data (year indicates year of data collection)
2009: Six weeks before and six weeks after confinement
Extension
No relevant provisions identified.
Leave in case of illness or complications
No entitlement to leave specific to pregnancy-related illness or complications identified. However, employees covered by the Leave and Holidays Act may be entitled to take leave on medical certificate for up to 30 days.
Leave and Holidays Act 1951 §6
Remarks: The employee shall only be entitled to be paid for any period of leave on medical certificate if she has been in service for at least 6 months and after a waiting period of 3 days for which the employee shall be paid half her usual pay or wages.
For details on the scope of the Leave and Holidays Act, see the remarks on the Act in 'Sources' above.
RELATED TYPES OF LEAVE
Parental leave
No entitlement to parental 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
Remarks: For details regarding the scope of the Leave and Holidays Act, see remarks on the Act in 'Sources' above.
Paternity leave
No entitlement to paternity 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
Remarks: For details regarding the scope of the Leave and Holidays Act, see remarks on the Act in 'Sources' above.
Adoption leave
No entitlement to adoption 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
Remarks: For details regarding the scope of the Leave and Holidays Act, see remarks on the Act in 'Sources' above.
RIGHT TO PART-TIME WORK
General provisions
No provisions establishing a right to part-time work identified.
CASH BENEFITS
Maternity leave benefits
Scope
The maternity benefits under the Social Security Act apply to insured women who absent themselves from work due to pregnancy or childbirth in any of the following establishments: (a) industrial establishments in which at least 10 workers are employed, or have been employed since 1956, provided that it will not apply to an establishment which has not employed more than 4 workers on any day in the preceding financial year; (b) railways under the Union of Burma Railway Board; (c) public industrial and transport establishments of or under the Union Government or any local authority, or of or under any Board constituted by an Act of Parliament or by order of the Union Government or local authority; (d) ports as defined in the Rangoon Port Act and in the Ports Act; (e) mines as defined in the Mines Act; (f) oilfields as defined in the Oilfields Act; (g) stevedoring establishments covered by the Dockworkers Act; (h) the Social Security Board with regard to its own employees; (i) any other establishment as notified by the President from time to time.
Social Security Act 1954 §§3, 21
Remarks: The various Acts referred to above were not available at the time of writing.
Qualifying conditions
The grant of maternity benefits shall be subject to the female employee: (a) having fulfilled a qualifying period of 26 contribution weeks in the 52 weeks preceding confinement; (b) not performing paid work while claiming the maternity benefit.
Social Security Act 1954 §23
Remarks: Article 23(1) of the Social Security Act states that further qualifying conditions may be set by regulations, but no such regulations were available at the time of writing.
Duration
The maternity benefit shall be paid for a period of 6 weeks before and 6 weeks after childbirth, and shall in no case exceed 12 weeks.
In the case of miscarriage, the duration of the payment shall be determined in each case on the basis of a medical certificate, up to a maximum of 6 weeks.
Social Security Act 1954 §§22, 25
Amount
The maternity benefit entitlement under the Social Security Act is reportedly 66% of the insured’s average covered earnings in the 26 weeks before maternity leave.
Social Security Act 1954 §24 Social Security Programs Throughout the World: Asia and the Pacific 2010 - Myanmar p57
Remarks: Article 24 of the Social Security Act states that the amount is to be set by regulation. No such regulations were available at the time of writing, so the amount has been taken from the SSA's Social Security Programs Throughout the World (SSPTW) Asia and the Pacific 2010 report on Myanmar. The SSPTW report also notes that the minimum and maximum monthly earnings used to calculate benefits are based on 15 wage classes. No information regarding these wage classes is included in the report.
Historical data (year indicates year of data collection)
2009: The amount is fixed by regulations and paid for the duration of maternity leave (12 weeks).
The benefit is equal to 66% of the insured¿s average covered earnings in the 26 weeks before maternity leave, according to 15 wage classes. The benefit is paid for a maximum of 12 weeks (6 weeks before and 6 weeks after) the expected date of childbirth (The minimum and maximum monthly earnings for benefit calculation purposes are based on 15 wage classes (The minimum and maximum monthly earnings for benefit calculation purposes are based on 15 wage classes).
Financing of benefits
The maternity leave benefits paid by the Social Security Board are funded by employer and employee contributions.
As at 2010, the employer contribution level was set at 1.5% of monthly payroll and the employee contribution level set at 1.5% of monthly earnings, both according to 15 wage classes.
Social Security Act 1954 §71 Social Security Programs Throughout the World: Asia and the Pacific 2010 - Myanmar p57
Remarks: While the Social Security Act contemplates contributions by the State, these were ceased from 11 June 1991 on the notification of the Ministry of Labour (see Report 3.07 Salient Features of the Social Security Schemes, published by the Government of the Union of Myanmar's Ministry of National Planning and Economic Development).
Historical data (year indicates year of data collection)
2009: Social Security Board
Alternative provisions
An employee who takes leave on medical certificate under the Leave and Holidays Act in connection with an illness or incapacity to work arising from her pregnancy or childbirth, the employee shall be entitled to wages or pay, paid by the employer, for a period of up 30 days. However, this entitlement will not apply to an employee of an employer covered by the Social Security Act.
Leave and Holidays Act 1951 §6 Social Security Act 1954 §25A (as amended by §2 of the Social Security (Amendment) Act 1956)
Parental leave benefits
No entitlement to parental leave benefits identified. However, any casual leave taken under the Leave and Holidays Act shall be paid by the employer with wages or pay (as the case may be).
Leave and Holidays Act 1951 §5(1)
Paternity leave benefits
No entitlement to parental leave benefits identified. However, any casual leave taken under the Leave and Holidays Act shall be paid by the employer with wages or pay (as the case may be).
Leave and Holidays Act 1951 §5(1)
Adoption leave benefits
No entitlement to parental leave benefits identified. However, any casual leave taken under the Leave and Holidays Act shall be paid by the employer with wages or pay (as the case may be).
Leave and Holidays Act 1951 §5(1)
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
Maternity-related medical care shall be provided free of charge to persons insured under the Social Security Act in cases of pregnancy and confinement. Also, insured persons who are entitled to maternity benefits under that Act shall receive a hospital benefit during their stay in hospitals, maternity institutions or other medical institutions where they receive board and lodging free of charge.
Social Security Act 1954 §§7(I), 7(II-C), 10, 26 (as amended by §9 of the Social Security (Amendment) Act 1955)
Financing of benefits
The maternity leave benefits paid by the Social Security Board are funded by employer and employee contributions.
As at 2010, the employer contribution level was set at 1.5% of monthly payroll and the employee contribution level set at 1.5% of monthly earnings, both according to 15 wage classes.
Social Security Act 1954 §71 Social Security Programs Throughout the World: Asia and the Pacific 2010 - Myanmar p57
Remarks: While the Social Security Act contemplates contributions by the State, these were ceased from 11 June 1991 on the notification of the Ministry of Labour (see Report 3.07 Salient Features of the Social Security Schemes, published by the Government of the Union of Myanmar's Ministry of National Planning and Economic Development).
HEALTH PROTECTION
Arrangement of working time
No relevant provisions identified, save for an entitlement to casual leave.
Leave in case of sickness of the child
No entitlement to leave specific to cases a child’s illness 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
Other work arrangements
No provision for nursing or breastfeeding breaks identified.
Dangerous or unhealthy work
No relevant provisions identified.
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
Employers are prohibited from reducing the wage or salary of an employee during any period that the employee is receiving maternity or hospitalisation benefits or medical treatment in accordance with the Social Security Act .
Social Security Act 1954 §53(1)
Prohibition of pregnancy testing
No relevant provisions identified.
Protection from discriminatory dismissal
Employers are prohibited from dismissing an employee during any period that the employee is receiving maternity or hospitalisation benefits or medical treatment under the Social Security Act. Any notice of dismissal or discharge given to an employee during the relevant period shall not be valid.
Social Security Act 1954 §53
Burden of proof
No relevant provisions identified.
Guaranteed right to return to work
No guaranteed right to return to work identified, beyond the prohibition on dismissing employees, and the invalidity of any notices of dismissal or discharge given to an employee, while the employee is in receipt of benefits under the Social Security Act.
Social Security Act 1954 §53
Results generated on: 16th April 2024 at 21:21:25.
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