What is the statute of limitations on labour claims in Myanmar?
Most labour-related complaints in Myanmar must be filed within 6 months of the disputed action under the Settlement of Labour Disputes Law and ESDL 2013 framework. Wage claims under the Payment of Wages Law have a separate window, and SSB / IRD recovery actions follow their own statutory periods. Employers should preserve records ≥ 7 years to defend claims even within shorter limitations.
What Myanmar requires: statute of limitations on labour claims
The deadline depends on the claim. Most labour-relations complaints (termination, leave, ESDL) must be filed within 6 months of the disputed action under the Settlement of Labour Disputes Law. Wage, SSB, and tax claims have their own periods. Employers should retain records longer than the limitation to defend stale claims that arrive on the deadline.
Filing | Deadline | Form | Authority
| Claim type | Limitation period | Authority |
|---|---|---|
| Termination / wrongful dismissal complaint | 6 months from termination | Township labour office → Conciliation Body → Arbitration Council |
| Severance / notice / final settlement dispute | 6 months | Township labour office |
| Wage payment complaint | 6 months (typical) under Settlement of Labour Disputes Law | Township labour office |
| Leave entitlement complaint | 6 months | Township labour office |
| SSB benefit / contribution dispute | Per Social Security Law schedule | Township SSB office → SSB regional → MoLES |
| PIT recovery (IRD) | Per Income Tax Law audit period (typically up to 7 years for serious cases) | IRD |
| OSH complaint (accident) | Per OSH Law 2019 | OSH Department |
Process — how a complaint progresses
- Employee files at the township labour office within the limitation period.
- Office assesses limitation; out-of-time complaints are dismissed.
- In-time complaints proceed to mediation.
- Unresolved disputes escalate: Conciliation Body → Arbitration Council → court (limited grounds).
Records and retention
| Record type | Retention duration | Reason |
|---|---|---|
| Personnel files | 7 years post-exit | ESDL 2013 |
| Wage register + payslips | 7 years | Payment of Wages Law |
| Leave register | 7 years | Leave & Holidays Act |
| SSB records | 7 years | Social Security Law 2012 |
| OSH records | 5 years | OSH Law 2019 |
| PAYE returns + IRD docs | 7 years | Income Tax Law |
Employer takeaway
Most Myanmar labour complaints must be filed within 6 months of the disputed action under the Settlement of Labour Disputes Law and ESDL 2013. SSB, IRD, and OSH claims follow their own statutory periods. Penalties for proven breaches include back-pay, fines, and remediation orders. Retain HR/payroll records 7 years and OSH 5 years — longer than typical limitations — so you can defend claims that arrive on the deadline.
Penalties for proven breaches
- Wrongful termination — back-pay + reinstatement option + fine under ESDL 2013.
- Wage shortfall — recovery + fine under Payment of Wages Law.
- Leave denial — encashment back-pay + fine under Leave & Holidays Act.
- SSB shortfall — recovery + interest + fine under Social Security Law 2012.
Common limitations mistakes
- Discarding personnel files at exit — keep 7 years to defend post-exit claims.
- Assuming oral grievance "settled" stops the limitation — only formal township-office filing counts.
- Failing to date-stamp termination notices — limitation runs from the disputed event date.
- See documents for a labour-dispute hearing.
- Settlement of Labour Disputes Law — limitation period
- Employment & Skills Development Law (ESDL) 2013
- Payment of Wages Law
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