Can probation be extended in Myanmar?
Yes, probation can be extended in Myanmar but only once and only with a written addendum signed by both parties before the original probation ends. Typical extensions are up to 3 more months, taking the maximum to 6 months. A unilateral extension by the employer is not enforceable under the Employment & Skills Development Law (ESDL) 2013.
What Myanmar law says
The Employment & Skills Development Law (ESDL) 2013 caps initial probation at 3 months. An extension is permitted only when both parties agree in writing, signed before the original probation period expires. The typical maximum extension is another 3 months, taking the total probation to 6 months. A unilateral extension — for example, an HR email saying "we are extending your probation by 2 months" — is not enforceable. If the original probation lapses without confirmation or written extension, the employee is generally treated as confirmed and the full ESDL notice and severance schedule applies.
Required steps to extend
- Review the employee's performance before day 75 of the original 3-month probation.
- Decide: confirm, extend, or terminate.
- If extending, draft a written addendum citing the original contract and probation clause.
- State the new probation end date and reason for extension (commonly: "performance review pending").
- Both parties sign before the original probation ends.
- Keep the signed addendum on file with the original contract for at least 7 years.
Probation extension at a glance
| Question | Answer |
|---|---|
| Can the employer extend unilaterally? | No |
| Maximum number of extensions | Once |
| Maximum total probation | Typically 6 months (3 + 3) |
| Form required | Written addendum, signed by both parties |
| Deadline | Before original probation ends |
| Notice during extended probation | 2 weeks (same as original) |
What if there's a dispute
- Township labour office first — the employee can complain that the extension was unilateral or applied after probation had lapsed.
- Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
- Arbitration Council — final binding step. Statute of limitations: typically 6 months.
Employer takeaway
Run probation reviews by day 75. If extending, issue a written bilingual addendum and get it signed before day 90. The maximum probation under ESDL is 6 months total. Unilateral extensions are unenforceable and convert the employee to confirmed status. Keep the original contract and addendum together for at least 7 years.
Edge cases and unenforceable clauses
- Second extension — generally unenforceable; the employee is treated as confirmed.
- Backdated addendum — courts and the township labour office disregard backdating.
- Performance management without an extension — see maximum probation period.
- See also termination during probation without notice.
Common extension mistakes
- Extending probation by email after day 90.
- Skipping the bilingual version of the addendum.
- Setting an extension longer than 3 months without statutory basis.
- Forgetting that the 2-week notice rule continues during extended probation.
- Employment & Skills Development Law (ESDL) 2013 — probation provisions
- Notification 84/2015 (or current) — probation notice and extension
- QHRM Myanmar Termination Compliance Guide
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