Is workplace harassment law mandatory in Myanmar?
Myanmar does not have a standalone workplace harassment or POSH Act. Employer duties of care derive from the Occupational Safety and Health Law 2019, the Employment & Skills Development Law 2013, and provisions of the Penal Code. A written anti-harassment policy, complaint mechanism, and committee for larger employers are the operational standard rather than a single mandatory statute.
What Myanmar law says
Myanmar does not have a standalone workplace harassment or POSH (Prevention of Sexual Harassment) Act of the kind some neighbouring jurisdictions enacted in the 2010s. The legal duty to prevent and address harassment derives from a stack of overlapping sources rather than a single statute:
- Occupational Safety and Health Law 2019 — employer duty to provide a safe working environment, including freedom from psychological and physical hazard.
- Employment and Skills Development Law (ESDL) 2013 — written employment agreement must describe working conditions, discipline, and dispute paths; harassment is a disciplinary and constructive-dismissal issue.
- Penal Code — criminal offences for assault, outraging modesty, intimidation, and similar conduct.
- Settlement of Labour Disputes Law — harassment-related complaints flow through the township labour office → Conciliation Body → Arbitration Council.
What employers should put in place
| Element | Standard |
|---|---|
| Written anti-harassment policy | Strongly advised; included in employee handbook |
| Complaint mechanism | Confidential channel (HR + a non-line route) |
| Internal committee | Recommended for ≥ 50 employees; includes employee representatives |
| Investigation timeline | Acknowledge ≤ 7 days; resolve target ≤ 30 days |
| Training | Annual; managers + all staff |
| Records | Confidential file; retain ≥ 7 years |
Edge cases
- Cross-border parent-policy — many MNCs adopt their global POSH-equivalent policy and apply it in Myanmar; this is the easiest path to defensible compliance.
- Complaint against an executive — the committee should include external or independent members to avoid conflicts.
- Constructive dismissal claims — unaddressed harassment can become a wrongful-termination route under ESDL 2013.
- Criminal escalation — serious cases must be referred to police; HR cannot suppress.
- Confidentiality vs reporting duties — preserve identity but document substantive findings.
Records and inspections
Maintain a confidential complaint register, investigation files, and committee minutes. Retain ≥ 7 years. The township labour office may review these when a harassment-related dispute reaches the Conciliation Body. The OSH inspectorate reviews policy and training records as part of the broader safety committee inspection. Buyer audits in export sectors specifically demand the policy and recent training rosters.
Employer takeaway
Myanmar has no standalone POSH Act, but employer duty of care derives from the OSH Law 2019, ESDL 2013, and Penal Code. Implement a written anti-harassment policy, a confidential complaint mechanism, an internal committee for ≥ 50 employees, and annual training. Investigate complaints within a target 30-day window and refer criminal-grade conduct to police. Retain records for 7 years; unaddressed harassment is a constructive-dismissal exposure.
Common mistakes
- Citing a "Myanmar POSH Act" that does not exist.
- Relying on a single line in the handbook ("respect each other") instead of a structured policy and committee.
- Letting line managers triage complaints against themselves.
- Failing to record the investigation, then losing the case at Conciliation or court.
Related reading: protections against sexual harassment, are internal complaint committees required, and workplace safety law.
- Occupational Safety and Health Law 2019 — Employer duty of care
- Employment and Skills Development Law 2013 — Workplace conditions and discipline
- Penal Code — Criminal offences relevant to harassment and assault
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