What is the notice period for resignation in Myanmar?
In Myanmar the resignation notice period is 2 weeks during probation and 1 month for confirmed employees with under 5 years of service, rising to 3 months at 5+ years, under the Employment & Skills Development Law (ESDL) 2013 and Notification 84/2015. Notice can be paid in lieu if both parties agree.
What Myanmar law says
The Employment & Skills Development Law (ESDL) 2013 sets a tenure-based notice schedule that applies in both directions — employer and employee. For resignation, the employee gives the same notice the employer would owe on termination. During probation, the notice is 2 weeks. After confirmation, the standard notice is 1 month for employees with under 5 years of service, rising to 3 months for employees with 5 or more years. The current schedule is set by Notification 84/2015 or its successor. Pay in lieu of notice is permitted if the parties agree.
Resignation notice schedule
| Tenure | Notice period (employee → employer) |
|---|---|
| Probation (≤ 3 months) | 2 weeks |
| < 6 months service | 1 month |
| 6 months – 1 year | 1 month |
| 1 – 5 years | 1 month |
| 5+ years | 3 months |
What "notice" means in practice
- The resignation letter starts the clock — date it clearly.
- The employee continues normal duties through the notice period unless on garden leave.
- Accrued annual leave can be used during notice with employer agreement; unused leave is encashed at exit.
- Pay in lieu of notice (the employee buys out the notice) is allowed only by mutual agreement in writing.
- The employer must run final settlement within 7 days of the last working day.
What if there's a dispute
- Township labour office first — common dispute is the employer demanding 3 months notice when only 1 month is due, or vice versa.
- Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
- Arbitration Council — final binding step. Statute of limitations: typically 6 months.
Employer takeaway
Map the employee's tenure to the schedule on day one of resignation. Confirm the last working day in writing, agree any pay in lieu, and run the full-and-final settlement (outstanding wages + leave encashment + any contractual gratuity) within 7 days. Issue the relieving letter and experience letter, and deregister the employee from the SSB within 30 days. Keep records for at least 7 years.
Edge cases and unenforceable clauses
- Contractual notice longer than ESDL — only enforceable if mutually agreed and reasonable.
- Resignation without notice — see resign without notice.
- Forfeiture of wages clause — see forfeiture of wages on early resignation.
- Garden leave — salary continues; see garden leave.
Common resignation-notice mistakes
- Demanding 3 months notice from a 4-year-tenure employee (only 1 month is due).
- Withholding the final salary as a "penalty" for short notice — illegal.
- Skipping the experience letter at exit.
- Forgetting SSB deregistration within 30 days.
- Employment & Skills Development Law (ESDL) 2013 — notice period provisions
- Notification 84/2015 (or current) — tenure-based notice schedule
- Settlement of Labour Disputes Law — process and statute of limitations
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