What Myanmar law says
The maximum working week depends on which statute applies to the workplace. The Factories Act 1951 governs factories and caps regular weekly hours at 48. The Shops & Establishments Act governs offices, retail outlets, restaurants, and similar service establishments and caps regular weekly hours at 44. Both statutes pin daily regular work at 8 hours and require at least one weekly rest day.
The first compliance question every employer must answer is which act applies. A garment factory follows Factories Act 1951; the head office of the same group, employing accountants and HR staff, falls under the S&E Act. Mixed-use sites (e.g., a factory with attached corporate offices) typically apply the Factories Act to floor staff and the S&E Act to office staff.
Weekly and daily limits at a glance
| Limit | Factories Act 1951 | S&E Act |
|---|---|---|
| Standard week | 48 hours | 44 hours |
| Daily regular hours | 8 | 8 |
| Lunch break | 30 min after 5 hrs continuous work | 30 min after 5 hrs continuous work |
| Mandatory weekly rest | 1 day (Sunday default) | 1 day |
| Overtime cap (incl. OT) | ~60 hrs/week, ~4 hrs/day | ~60 hrs/week, ~4 hrs/day |
Edge cases and exceptions
- Shift workers — same daily/weekly caps apply, but rest cycles are computed across the shift roster rather than the calendar week.
- Women in factories — restricted from night work between 10 PM and 5 AM unless a sectoral exemption applies (Factories Act 1951).
- Minors (14–18) — stricter daily caps and no night work in factories.
- Continuous-process operations — sectoral notifications may permit 12-hour shifts with adjusted weekly caps; verify with the township labour office.
- Office staff at a factory site — apply S&E rules to office work even if the parent site is a factory.
Records and inspections
Employers must maintain an attendance/hours register and an OT authorisation log, retained for at least 7 years. The township labour office conducts periodic inspections and can demand the attendance register, OT log, leave register, and payslips on the spot. Repeated breaches of weekly hour limits trigger remediation orders and fines; serious breaches can escalate to a referral under the Settlement of Labour Disputes Law.
Employer takeaway
Set the standard week at 48 hours for factory roles (Factories Act 1951) and 44 hours for office/retail roles (S&E Act). Cap daily regular work at 8 hours, schedule a 30-minute break after 5 hours, and keep a 1-day weekly rest. Keep attendance and OT logs for 7 years; the township labour office will inspect on notice or by complaint.
Common mistakes
- Applying the 48-hour cap uniformly across an entire group when half the headcount is office-based and qualifies for 44 hours under the S&E Act.
- Rolling unpaid overtime past the 60-hour weekly ceiling and paying it as "performance bonus" — this fails an inspection and triggers back-pay claims.
- Forgetting that daily regular work plus OT is also capped (typically 12 hours per day in practice).
- Not documenting a written OT authorisation, which becomes an enforceability issue when the employee later disputes hours worked.
Related reading: standard working week in factories, weekly overtime cap, and mandatory weekly rest.
We publish practical, legally-grounded HR guidance for Myanmar employers. Each piece is reviewed by our compliance team against current MLIP and Labor Law requirements.