What Myanmar law says
Under the Employment & Skills Development Law (ESDL) 2013, an employer terminating a confirmed employee must give written notice tied to tenure. The current schedule (Notification 84/2015 or its successor) requires 2 weeks during probation, 1 month for confirmed employees with under 5 years of service, and 3 months for employees with 5 or more years. Notice can be paid in lieu by mutual written agreement, and severance pay is owed separately on top of notice for tenure of 6 months or more.
Notice schedule for employer-initiated termination
| Tenure | Notice (employer → employee) | Severance also payable? |
|---|---|---|
| Probation (≤ 3 months) | 2 weeks | No |
| < 6 months service | 1 month | No |
| 6 months – 1 year | 1 month | Yes — 0.5 month |
| 1 – 2 years | 1 month | Yes — 1 month |
| 2 – 5 years | 1 month | Yes — 2 to 4 months |
| 5+ years | 3 months | Yes — 5+ months (rises with tenure) |
Process steps
- Issue a written termination letter citing the lawful ground (redundancy, performance, misconduct, etc.).
- State the notice period and the last working day.
- Calculate severance per Notification 84/2015 if tenure is 6 months or more.
- Encash unused annual leave at final settlement.
- Run the final settlement within 7 days of the last working day.
- Issue the relieving letter, experience letter, and full-and-final settlement statement.
- Deregister the employee from the SSB within 30 days.
What if there's a dispute
- Township labour office first — every employee complaint about termination, notice, or severance starts here.
- Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
- Arbitration Council — final binding step. Statute of limitations: typically 6 months from the disputed action.
Employer takeaway
Map the employee's tenure to the notice schedule before issuing the termination letter. Pair notice with the right severance multiple from Notification 84/2015. Run final settlement (wages + leave encashment + notice + severance) within 7 days. Issue the relieving and experience letters, and deregister the employee from the SSB within 30 days. Keep records for at least 7 years.
Edge cases and unenforceable clauses
- Termination on day 89 of probation — only 2 weeks notice; no severance.
- Termination during garden leave — salary continues; see garden leave.
- Pay in lieu without consent — risk of dispute; document the mutual agreement.
- See severance calculation and notice paid in lieu.
Common termination-notice mistakes
- Sending an English-only termination letter — risks unenforceability.
- Skipping severance for an employee with 1+ year tenure.
- Withholding wages pending exit clearance — illegal under the Payment of Wages Law.
- Forgetting SSB deregistration within 30 days.
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