A. Reduction in Workforce
1. Is there a concept of redundancy - based on a
shortage of work or other economic reasons - as a justified reason
to dismiss employees in your jurisdiction? If so, how is it
defined?
Although there are no legislative provisions regarding (or
defining) redundancy in Myanmar, the concept is recognised. In this
regard, clause 15(b)(4) of the Employment Contract Template (EC)
provides for redundancies and termination of employment. The EC is
a standard form issued by the Ministry of Labour (MOL) and contains
mandatory provisions to be included in all employment
contracts.
Section 15(b)(1) of the EC states that an employer may dismiss
an employee only with justified reasons. However, no mention is
made of what is considered to be a justified reason.
