What is the role of the Conciliation Body in Myanmar labour disputes?
The Conciliation Body is the second stage in Myanmar's labour dispute process under the Settlement of Labour Disputes Law, after the township labour office and before the Arbitration Council. It runs formal conciliation between employer and employee — both sides are summoned, evidence is reviewed, and a written settlement agreement that binds the parties is the desired outcome.
What Myanmar law says
The Conciliation Body is the second formal stage in the Myanmar labour dispute process under the Settlement of Labour Disputes Law. It sits between the township labour office (which mediates informally) and the Arbitration Council (which arbitrates with binding awards). The Conciliation Body is composed of representatives from employers, employees, and the government, and it conducts formal conciliation when a township office cannot achieve resolution. The desired outcome is a written conciliation agreement that binds both sides and is enforceable.
How the Conciliation Body operates
- Receives the case from the township labour office once mediation fails.
- Summons employer and employee to formal sessions.
- Reviews the contract, payroll, termination letter, and supporting evidence.
- Encourages settlement; chairs structured discussions.
- Records the agreement in writing if settlement is reached.
- Refers unresolved cases to the Arbitration Council.
What employers should bring
| Document | Why |
|---|---|
| Bilingual employment contract (signed) | Establishes terms and obligations |
| Pay slips and payroll register | Proves wage compliance |
| Leave register | Shows leave taken and balances |
| Performance improvement plan / warnings | Establishes lawful ground for performance termination |
| Investigation file (if misconduct) | Proves gross-misconduct grounds |
| Termination letter and final settlement statement | Shows what was issued and paid |
| SSB monthly returns | Confirms social-security compliance |
| Township office meeting notes | Continuity from previous stage |
What if there's a dispute
- Township labour office first — mediation; the dispute reaches the Conciliation Body only after this fails.
- Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
- Arbitration Council — final binding step. Statute of limitations: typically 6 months.
Employer takeaway
Treat the Conciliation Body session as the last realistic chance to settle on commercially reasonable terms before binding arbitration. Bring complete bilingual documentation, a senior representative with authority to settle, and a settlement-range mandate. Document any agreement reached in writing on the spot. After settlement, run final settlement (wages + leave encashment + notice + severance) within 7 days, deregister from SSB within 30 days, and keep records for at least 7 years.
Edge cases and unenforceable clauses
- Settlement subject to confidentiality — generally enforceable; document carefully.
- Settlement at the Conciliation Body covering future claims — should be specific to be enforceable.
- Skipping the Conciliation Body and going to court — generally not allowed; the statutory route must be exhausted.
- See Settlement of Labour Disputes Law and township labour office.
Common Conciliation Body mistakes
- Sending a junior representative without authority to settle.
- Bringing English-only documents.
- Refusing to engage and waiting for arbitration — worsens the outcome.
- Failing to record the settlement in a bilingual signed agreement.
- Settlement of Labour Disputes Law — Conciliation Body provisions
- Employment & Skills Development Law (ESDL) 2013 — substantive rights
- Notification 84/2015 (or current) — notice and severance
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