What Myanmar law says
The Employment & Skills Development Law (ESDL) 2013, implemented through Notification 84/2015 (or its successor), sets a tenure-based notice schedule. The same schedule applies symmetrically — the employer owes the employee the same notice the employee owes the employer. Probation has its own short notice (2 weeks), then notice rises in steps as tenure crosses 5 years.
Notice by tenure — both directions
| Tenure | Notice (employer or employee) |
|---|---|
| Probation (≤ 3 months) | 2 weeks |
| < 6 months service | 1 month |
| 6 months – 1 year | 1 month |
| 1 – 5 years | 1 month |
| 5+ years | 3 months |
How tenure is counted
- Continuous service from the start date in the signed contract — not from probation confirmation.
- Authorised leave (annual, sick, maternity) counts toward tenure.
- Unauthorised absence typically breaks continuity if extended.
- Re-hire after a gap generally restarts the clock.
- Transfer between group companies can preserve tenure if expressly agreed.
What if there's a dispute
- Township labour office first — common dispute is the employer applying 1 month for a 5+ year employee.
- Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
- Arbitration Council — final binding step. Statute of limitations: typically 6 months.
Employer takeaway
Treat tenure as the single most important variable in any termination or resignation. Calculate continuous service from the signed start date, apply the correct notice band, and pair with the right severance multiple. Run final settlement within 7 days of the last working day, issue the relieving and experience letters, and deregister from SSB within 30 days. Keep records for at least 7 years.
Edge cases and unenforceable clauses
- Tenure with multiple group entities — only preserved if expressly stated in the contract.
- Long unpaid leave — may not count toward tenure unless agreed.
- Notice longer than ESDL minimum — enforceable if mutually agreed and reasonable.
- See resignation notice and severance calculation.
Common tenure-and-notice mistakes
- Counting tenure from probation confirmation rather than start date.
- Applying probation notice to a confirmed employee.
- Skipping the 3-month band for 5+ year employees.
- Hard-coding outdated numbers in offer letters — see contract clauses.
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