What is Overtime?
- How is payment made, if work is performed on a Sunday, a weekly day off?
- How is payment made, if work is performed on a public holiday?
In an organization/a company, the policies & procedures of the Human Resources Management should be in compliance with the prevailing Myanmar Labour Laws. In order to do that, Top HR Solutions holds a session every Saturday from 01:00 pm to 05:00 pm.
To do overtime on a normal working day, on a weekly day off (Sunday) and on a public holiday, what is the difference?
Overtime
Overtime means, work is performed more than eight hours a day. The overtime is calculated as follows - double the hourly wage/salary
Salary x 12 x double
52 weeks x 44/48 hours
To do overtime on a weekly day off (Sunday)
Work is performed on a weekly day off, Sunday, as required by the company’s/organization’s needs. If so, it is not “overtime” and a day off should be given instead of “overtime pay”. This day off should be given within three days or any one day after three days (when work has been performed). In other words, a day off is replaced for having performed work on a Sunday.
To do overtime on a public holiday
Work is performed on a public holiday, as required by the company’s/organization’s needs. Payment should then be – double the one day’s salary; even though work is performed for some hours only. A day off cannot be replaced in this case. In other words, a public holiday is meant for that particular day only.
In accordance with the Myanmar Labour Laws, which types of leaves cannot be deducted from the wage/salary?
Casual leave
Due to unavoidable circumstances, a prior permission cannot be made; as such this leave can be permitted. Six days is fixed for 12 months/a year and only three days at a stretch is permitted for one time.
Earned leave
Upon completion of 12 months at a stretch, a ten-day earned leave is entitled. Prior permission should be made. 12 months at a stretch is completed but if work is performed less than 20 days in a month, one day’s earned leave is cut from each month.
Medical leave
Upon completion of six months, a 30-day medical leave is entitled. A doctor’s recommendation letter is to be submitted. Less than six months, leave without pay can be permitted.
Maternity leave
Upon completion of six months only, the maternity leave is entitled. A total of 14 weeks: six weeks prior to giving birth and eight weeks after giving birth.
In accordance with the Social Security Board Laws, if a paid up member expires at the workplace, what are the benefits for the surviving spouse/family member?
The paid up member/insured person’s average salary, 4 months prior to his expiry, and based on the period the contribution was made is entitled. According to the wish of the person, the benefits will be given as follows to his surviving spouse/family member either in instalments or in a bulk:
- If contributed less than 60 months, 30 times of average one month’s salary
- If contributed more than 60 months and less than 120 months, 50 times of average one month’s salary
- If contributed more than 120 months and less than 240 months, 60 times of average one month’s salary
- If contributed more than 240 months, 80 times of average one month’s salary
- It is not permitted to take leave on the day prior to a public holiday
- It is not permitted to take leave on the day that falls before or after a public holiday
- Possible days on which leaves can be taken is illustrated in red colour in the figure below
For example, if a public holiday falls on a Wednesday, leave is not permitted neither on a Tuesday nor on a Thursday.
The policies and procedures of the Human Resources Management should be in compliance with the prevailing Myanmar Labour Laws. For this purpose, Top HR Solutions holds a session every Saturday from 01:00 pm to 05:00 pm.
Leaves & Holidays – Public Holidays, how to calculate (as per prescribed rules & regulations)
When the public holidays are exhausted, and the following day is taken as a leave or when the earned leaves are exhausted, and the following day happens to be a public holiday, this public holiday is not considered as a leave.
Leave is taken one day prior to the public holidays and continue to take leave after the completion of the public holidays. In such a case, leave taken one day prior and one day after the public holidays, the public holidays will be considered as leaves.
Continue to take leave after a weekly day off [if you take leave on a Monday]
Taking leave one day prior and one day after a weekly day off [if you take leave on a Saturday and on a Monday]
Taking leave one day prior and one day after a weekend [if you take leave on a Friday and on a Monday]
Civil Service Regulations
Casual leave = 10 days
Contagious diseases = 30 days
Earned leave = 30 days (full time job: 1 day for every 10 working days)
Medical leave = 12 months (throughout his service life)
Leave without pay
Maternity leave (6 months with effect from the day the employee takes her leave)
Paternity leave (for the father) = 2 weeks
Disability leave (special) = maximum 24 months
Hospitalization leave (the actual days at the hospital)
Seamen’s sick leave (seamen on board the Government vessels)
Educational training leave (while on fellowship)
Transition leave (during the transition period)
Leaves and Holidays Act and types of leaves (public sectors)
Casual leave = 6 days
Earned leave =10 days
Medical Leave = 30 days
Maternity leave = 14 weeks [6 weeks prior and 8 weeks after giving birth]