Can an employer terminate during probation without notice in Myanmar?
No. Even during probation, an employer in Myanmar must give 2 weeks notice or pay 2 weeks salary in lieu under the Employment & Skills Development Law (ESDL) 2013. Termination without notice is only permitted for gross misconduct, and the misconduct must be documented and proven if challenged at the township labour office.
What Myanmar law says
The Employment & Skills Development Law (ESDL) 2013 protects probationers with a 2-week notice rule. The employer cannot terminate a probationer summarily — without notice or without pay in lieu — except for documented gross misconduct (theft, violence, fraud, serious breach of duty). Saying "we don't think it's working out" is a valid reason to end probation, but only with the 2-week notice or 2 weeks pay in lieu. The same rule applies in reverse: the employee can resign during probation with 2 weeks notice.
What employers must do
- Issue a written termination letter citing the 2-week notice or pay in lieu.
- State the last working day clearly.
- Run final settlement: outstanding wages + leave encashment + 2 weeks pay in lieu (if elected) within 7 days of last working day.
- Issue the relieving letter and experience letter.
- Deregister the employee from the SSB within 30 days.
Notice rules during probation
| Scenario | Notice required | Severance |
|---|---|---|
| Standard probation termination (employer) | 2 weeks (or pay in lieu) | None |
| Probation resignation (employee) | 2 weeks | None |
| Gross misconduct (theft, violence, etc.) | None — summary dismissal | None |
| Mutual separation | As agreed in the separation letter | As agreed |
What if there's a dispute
- Township labour office first — the probationer files a complaint that no notice was given.
- Conciliation Body — formal conciliation; common outcome is back-pay of the 2-week notice.
- Arbitration Council — final binding step. Statute of limitations: typically 6 months.
Employer takeaway
Probation is not "at-will" in Myanmar. Always issue 2 weeks notice or 2 weeks pay in lieu when terminating a probationer. Run final settlement (wages + leave encashment + notice pay) within 7 days of the last working day. Skip notice only for documented gross misconduct, and even then, keep the evidence on file for 7 years in case of challenge.
Edge cases and unenforceable clauses
- "At-will" clauses — not enforceable; they are overridden by the ESDL 2-week notice rule.
- Gross misconduct without documentation — risks reclassification as termination without lawful grounds.
- Withholding wages pending exit clearance — illegal under the Payment of Wages Law.
- See maximum probation period and termination without lawful grounds.
Common probation-termination mistakes
- Walking the probationer out the door same-day with no pay in lieu.
- Issuing the termination letter in English only.
- Forgetting to encash unused annual leave.
- Skipping the SSB deregistration within 30 days — see exit clearance process.
- Employment & Skills Development Law (ESDL) 2013 — probation termination rule
- Notification 84/2015 (or current) — 2-week probation notice
- Settlement of Labour Disputes Law — challenge process
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