What Myanmar law says
Myanmar's general defamation rules apply to references just as they do to any public statement. There is no specific ESDL provision regulating the content of references, but providing negative references that are not supported by documented evidence exposes the employer to defamation claims. The Employment & Skills Development Law (ESDL) 2013 framework also expects employers to act in good faith on exit; township labour offices treat damaging unsupported references as bad-faith conduct. Best practice is to limit references to verifiable facts and avoid subjective character commentary.
What is safe to say
- Verifiable facts: role title, start and end dates, place of work.
- Whether re-employment is possible (the standard "would you re-hire" question).
- Documented attendance and timeliness records.
- Documented disciplinary outcomes (warnings, terminations) that the employee was aware of.
- A neutral or positive conduct statement if appropriate.
What to avoid
| Avoid | Why |
|---|---|
| Subjective character commentary | Defamation risk |
| Speculation about reasons for departure | Bad faith; potentially false |
| Rumour or hearsay | Defamation risk |
| Comments about personal life | Privacy and discrimination risk |
| Unsupported claims of misconduct | Defamation; bad faith |
| Negative references where employee resigned cleanly | Bad faith |
What if there's a dispute
- Township labour office first — typical claim is bad-faith negative reference damaging the employee's prospects.
- Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
- Arbitration Council — for the underlying employment dispute. Defamation may also be pursued in civil court.
Employer takeaway
Stick to verifiable facts in references — role, tenure, attendance, documented outcomes. Avoid subjective commentary on character. If the employee was terminated for documented gross misconduct, the reference may state the manner of separation factually but should not exaggerate. Centralise references through HR with a standard script. Run final settlement and exit documents within 7 days of last working day, deregister from SSB within 30 days, and keep records for at least 7 years.
Edge cases and unenforceable clauses
- "No-reference" company policy — common in some multinationals; legal but may frustrate employees.
- Reference at the request of the employee — same rules apply to content.
- Verbal references — same defamation rules apply.
- See experience letter and exit documents.
Common reference mistakes
- Allowing line managers to give off-script references with no HR oversight.
- Volunteering negative information that was not asked for.
- Treating private complaints as fact in a reference.
- Forgetting to align the reference content with the issued experience letter.
We publish practical, legally-grounded HR guidance for Myanmar employers. Each piece is reviewed by our compliance team against current MLIP and Labor Law requirements.