What this looks like in practice
A Myanmar construction company runs a small head-office team (engineers, project managers, accountants) plus a much larger fluctuating site labour force. The OSH Law 2019 applies to all sites, with the safety committee mandated at 50+ employees per site. The Factories Act 1951 covers fixed prefab and casting yards. Daily-wage and piece-rate labour are common but still require written ESDL terms — a "labour contractor" pass-through doesn't transfer the legal duty.
Step-by-step setup
- Register the head-office company with DICA and obtain the construction-licence per the relevant ministry.
- Issue ESDL appointment letters to all permanent staff and to all daily-wage workers, in Myanmar language.
- Set up site safety from Day 1 — risk assessment, PPE issuance log, scaffolding/electrical safety briefings, accident register.
- Form the OSH safety committee per site at 50+ workers (combined permanent + daily).
- Run consolidated monthly payroll for permanent staff; weekly or fortnightly for daily-wage workers per contract.
- Register all workers with SSB at the head-office level once total exceeds 5.
- Report serious accidents — death, hospitalisation, permanent disability — to MoLES within 24 hours.
Tools, templates and costs
- Cloud HRMS with site cost-centres: MMK 500,000–1,500,000/month for 100–500 workers.
- Per-site safety officer: MMK 800,000–1,500,000/month per major site.
- PPE budget: MMK 30,000–80,000 per worker per year.
- Daily-wage labour: MMK 8,000–18,000/day for general labour, MMK 15,000–30,000 for skilled.
- Templates: site safety SOP, daily-wage register, accident report, PPE log, OSH committee charter.
Labour contractor passthrough
A common arrangement is hiring a labour contractor who supplies daily-wage workers. Legally, the principal employer remains responsible for OSH compliance on its sites and for SSB on workers who are effectively under its control. Documentation must distinguish genuine third-party contracted services from disguised agency labour.
Employer takeaway
Construction companies must run head-office HR plus per-site safety. OSH Law applies from Day 1; safety committee at 50+ per site. Issue ESDL contracts to every worker, even daily-wage. Report serious accidents within 24 hours. The single most-failed obligation is treating "labour-contractor" workers as outside the principal-employer OSH duty.
Pitfalls to avoid
- Daily-wage workers without contracts — ESDL violation regardless of duration.
- OSH committee absent at 50+ on a single site — fine plus remediation.
- Late accident report — 24-hour deadline is hard, not soft.
- "Labour contractor" used to dodge SSB — principal-employer duty remains.
- No PPE issuance log — biggest finding in OSH inspections.
Related: factory HR compliance, daily-wage workers in payroll, and mandatory HR policies.
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