What Myanmar law and practice say
Myanmar law does not require a separate "offer letter" by name — what the Employment & Skills Development Law (ESDL) 2013 requires is a written, signed appointment letter (employment agreement) within 30 days of the actual start date. In practice, employers issue an offer letter first as a pre-contractual document, then an ESDL appointment letter once the candidate accepts and the conditions precedent (background checks, medicals, work permit) are cleared.
The offer letter is therefore a working tool: it secures the candidate's commitment, sets expectations on salary and probation, lists the conditions that must be cleared before Day 1, and limits the employer's liability if those conditions fail. The ESDL appointment letter is the legal employment contract.
What the offer letter should contain
| Clause | Required by ESDL? | Best-practice content |
|---|---|---|
| Job title | Yes (in appointment letter) | Match the JD |
| Reporting line | No (practice) | Named manager |
| Start date | Yes (in appointment letter) | Specific date |
| Place of work | Yes (in appointment letter) | City + office address |
| Salary and pay schedule | Yes (in appointment letter) | Gross MMK + payment day |
| Probation period | Yes (if any) — max 3 months | Notice during probation |
| Hours and days off | Yes (in appointment letter) | Standard hours; weekly day off |
| Leave | Yes (in appointment letter) | Statutory + extra |
| Notice period (post-probation) | Yes — per Notification 84/2015 | Per tenure schedule |
| Conditions precedent | Practice | Background, medicals, work permit |
| Confidentiality / IP | Practice | Reasonable scope |
| Governing language | Practice | Burmese prevails on dispute |
Process and timeline
- Hiring decision confirmed — Day 0.
- Issue offer letter; candidate signs and returns — Day 0–3.
- Run conditions precedent — background checks, medicals, work permit — 1–8 weeks.
- Confirm start date once conditions are cleared.
- Issue ESDL appointment letter within 30 days of the actual start date.
- SSB enrolment within 30 days; IRD TIN; township labour register.
Bilingual best practice
Issue offer letters bilingually — English alongside Burmese — for clarity. State which language prevails on dispute (typically Burmese). For foreign-national candidates, English may be the primary language of the offer, with Burmese provided for the local SSB and labour-office filings (see bilingual documentation).
Employer takeaway
Use the offer letter to secure the candidate and list the conditions precedent, then convert it into an ESDL-compliant appointment letter within 30 days of the actual start date. Issue bilingually with Burmese prevailing on dispute. Capture the offer + appointment letter, signed in duplicate, in the personnel file and retain at least 7 years post-exit.
Edge cases
- Foreign-national candidate — make the offer conditional on work permit, Stay Permit, and MRV (see foreign-worker hiring).
- Internal transfer / promotion — issue a new appointment letter; do not rely on the original.
- Fixed-term role — state the term in the offer; max 2 years per ESDL practice.
- Commission-only role — still ESDL-compliant; state base + commission structure.
Common hiring mistakes
- Issuing an offer letter and never converting it to an ESDL appointment letter.
- Missing the 30-day deadline for the appointment letter.
- Skipping the bilingual version and creating a Burmese-language ambiguity.
- Forgetting to list conditions precedent and being stuck if a check fails.
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