You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

March 31, 2020

COVID-19: Myanmar Delays Social Security Contributions and Issues Mandatory Factory and Workplace Measures

Delay in Social Security Contributions

On March 20, 2020, Myanmar’s Social Security Board announced that it will allow employers to make social security payments quarterly, instead of monthly, due to the hardship businesses are facing due to the COVID-19 pandemic. This will provide a degree of relief for employers, although the measures do not yet go as far as reducing the required social security contributions.

Workplace Requirements

On March 19, 2020, the Ministry of Health and Sports (MHS) issued the following instructions, with which all factories and workplaces must comply, to limit the spread of COVID-19.

 Employers and owners

  • Thermal scanners or infrared thermometers must be kept at every workplace. Employees should only be permitted to enter the workplace if they have a temperature lower than 38 degrees centigrade.
  • Every workplace must have sufficient handwashing or sanitizing facilities.
  • Posters about handwashing and sanitizing must be placed in the workplace.
  • Workers must work at least three feet apart.
  • Health knowledge should be shared by posters, electronic means, or small group education and not by gathering together large groups of workers.
  • All instructions, notifications, and information from the MHS must be strictly complied with, including information on the MHS website and Facebook page.
  • Spreading of fake news among staff must be monitored and stopped.

Employees

  • Avoid crowded places as much as possible.
  • If an employee develops any symptoms, such as a fever of 38 degrees or above, cough, difficulty in breathing, or fatigue, they should avoid contact with people as much as possible, not go to work, and contact the health authorities.
  • Monitor symptoms among other employees and inform supervisors if they occur.
  • Wash hands frequently, avoid touching the face without washing hands, eat nutritious food, and have enough sleep.

Supervisors

  • Teach employees about systematic hand washing and monitor to ensure they follow instructions.
  • Always monitor symptoms among employees and refer the employee to health authorities at the first sign of any symptoms.

For more information on these measures, or any aspect of doing business in Myanmar, please contact [email protected]

RELATED INSIGHTS​ 

September 13, 2021
With COVID-19 cases continuing to pose a significant threat throughout Thailand, many employers have ordered their employees to work exclusively from home in order to minimize their chances of contracting the virus. However, this luxury is not afforded to all employees—some are unable to work from home due to the nature of their work, and consequently they are placed in the precarious position of being exposed to possible infection. Thailand’s Social Security Office (SSO) understood these risks early in the pandemic and, in March 2020, issued guidelines through the Workmen’s Compensation Fund Office on employees’ entitlement to claim benefits from the workers’ compensation fund (WCF) if they contract the virus as a result of their work. The WCF provides medical-related assistance and compensation to employees who directly suffer from a work-related injury or sickness (subject to certain conditions). Falling ill with COVID-19 during the performance of work duties may constitute suffering work-related sickness, thereby allowing employees to claim compensation from the WCF by submitting the Kor Thor 16 form, a medical certificate, treatment records, records of the employee’s working hours, and other relevant documentation. Upon receiving a claim, the SSO will investigate by collecting facts and evidence from the employer, the infected employee and his or her colleagues, and any witnesses. The official will examine the employee’s duties and working conditions in detail, taking into consideration any relevant information, such as evidence regarding the employee’s travel or movements prior to falling sick. Once all the facts and evidence are gathered, the matter will be submitted to a medical subcommittee responsible for determining whether the employee’s onset of COVID-19 is due to his or her work. If the subcommittee finds that the employee’s contraction of the virus did indeed result from the performance of his or her work duties, the
August 26, 2021
Around the world, COVID-19 is continuing to threaten the health of millions, interrupt daily life, and throttle business activity. In Thailand, the latest wave of infections has been more intense than any since the beginning of the pandemic, and many businesses have been forced to close down once again. There are reasons for hope though—chief among them the increasing pace of vaccinations. Not only are the vaccines effective at preventing serious health issues, they are helping keep both employees and customers safe in business settings so that commerce, trade, and tourism can resume once again. Many in Thailand have already been vaccinated, and struggling employers are looking ahead to safely resuming full business activities, from reopening offices for employees who have been working from home, to welcoming customers and clients back to an environment that minimizes the risk of COVID-19 exposure. In anticipation of such a return to business at full capacity, many Thai employers are taking note of companies and organizations overseas boosting COVID-19 safety in workplaces by mandating vaccines and other measures, and asking whether such mandates could be imposed here in Thailand. The main legal concept to consider here is the provision in the Labor Protection Act B.E. 2541 (1998), which authorizes employers to issue “lawful and just” orders to employees. For an order to be “lawful and just,” it must be proportionate to the circumstance. In the current context of the COVID-19 pandemic, employers can refer to the Communicable Diseases Act B.E. 2558 (2015), as well as other local regulations, to provide grounds when asserting that their risk-mitigation orders are proportionate, lawful, and just. It is doubtful that a Thai court would rule that the circumstances we find ourselves in now would justify an employer requiring employees to be vaccinated, but this legal standard can
August 25, 2021
Multilaw has published the latest edition of How to Hire and Fire, a guide to the rules and regulations governing employment relationships in over 90 jurisdictions around the world. Lawyers at Tilleke & Gibbins prepared the Cambodia, Myanmar, Thailand, and Vietnam chapters of the guide, which covers the following main topics: General principles: Forums for adjudicating employment disputes, main sources of employment law, employees working for foreign companies in Cambodia or abroad for domestic companies, and data privacy. Hiring the employee: Legal requirements for employment agreements, types of agreement, secrecy and confidentiality, ownership of inventions and other IP rights, pre-employment considerations, hiring of non-nationals, hiring specified categories of individuals, and outsourcing and sub-contracting. Maintaining the employment relationship: Changes to the contract, changes in business ownership, social security, accidents at work, discipline and grievances, harassment, discrimination, equal pay, compulsory training obligations, offsetting earnings, maternity and disability leave, insurance, absence for military or public service duties, trade unions, employee strikes, and employers’ liability for actions of employees. Firing the employee: Procedures for terminating employment agreements, instant dismissal, employee resignation, termination on notice, age-related termination, force majeure automatic termination, collective dismissals, termination by agreement, directors and senior officers, rules for companies facing financial difficulties, restriction of future activities, whistleblowers, garden leave, severance payments and tax considerations, allowances, and time limits for post-termination claims. General: Specific matters unique or important to each jurisdiction. Multilaw is a global network of carefully selected, independent law firms consisting of over 10,000 commercial lawyers in more than 100 countries, able to provide expert legal advice in complex environments around the globe. The full guide is available for free on the Multilaw website.