HR Insights · Myanmar

What is the maximum non-compete duration in Myanmar?

Typical maximum is 6 months post-employment; up to 12 months for senior roles with strong consideration. Beyond 12 months rarely enforced.

QC
QHRM Content Team
HR & Compliance Editors
May 3, 2026
3 min read

What Myanmar law says

The Employment & Skills Development Law (ESDL) 2013 does not set a fixed statutory cap on non-compete duration; instead, courts and the Conciliation Body apply a reasonableness test. In practice, durations of 6 months are the comfortable maximum, and durations beyond 12 months are rarely enforced. The longer the duration, the stronger the consideration the employer must offer (e.g., garden-leave salary continuation) for the restraint to stick.

Duration by role and risk

RoleReasonable maxNotes
Junior / operationalNone recommendedNon-compete rarely justified
Mid-level individual contributor3 monthsTied to specific projects
Manager with client access6 monthsPair with non-solicit
Senior leader / C-suite6 – 12 monthsPair with garden-leave salary
Trade-secret access / R&D12 monthsPair with NDA covering trade secrets indefinitely

What weakens duration enforceability

  • No consideration paid for the restraint.
  • Same duration applied to all employees regardless of role.
  • No defined competitive risk or trade-secret access.
  • Worldwide geography combined with long duration.
  • Restraint applied to involuntary leavers (made redundant) without compensation.
Download the QHRM restrictive-covenant calibration tool Maps role, risk, and consideration to the right non-compete duration for Myanmar enforceability.
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What if there's a dispute

  • Township labour office first — common claim is over-long non-compete preventing the leaver from finding work.
  • Conciliation Body — formal conciliation under the Settlement of Labour Disputes Law.
  • Arbitration Council — final binding step. Statute of limitations: typically 6 months.

Employer takeaway

Cap non-compete duration at 6 months for most roles, 12 months for senior or trade-secret roles. Pair the restraint with consideration — typically garden-leave salary or a one-off post-exit payment. Use non-solicit and NDAs (which can run longer) to cover residual risk. Run final settlement within 7 days of last working day, deregister from SSB within 30 days, and keep the signed restrictive-covenant pack for at least 7 years.

For HR teams running terminations across regions
Run a clean exit, every time. QHRM stores enforceable restrictive-covenant templates by role and tracks active restraints across leavers — used by 350+ Myanmar employers.

Edge cases and unenforceable clauses

  • Non-compete after redundancy — typically unenforceable without strong consideration.
  • Non-compete with no consideration — weakens duration enforceability.
  • Tiered "first 3 months full, next 3 months partial" — clear drafting can help.
  • See non-compete enforceability.

Common duration mistakes

  • Setting non-compete at 2 years for all employees.
  • Skipping consideration for senior-role non-competes.
  • Applying long durations to redundant employees.
  • Using non-compete instead of NDA + non-solicit, which would cover the same risk more enforceably.
Share this articleLast updated May 3, 2026
QC
QHRM Content Team
HR & Compliance Editors · Yangon

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.

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