What Myanmar law says
Myanmar overtime must be authorised by the employer. The Factories Act 1951 and Shops & Establishments Act both contemplate two acceptable forms of authorisation: written approval (a specific OT slip, an email, or a signed roster) or an established practice that the employee has accepted (e.g., a routinely worked end-of-shift period documented in the attendance log).
The legal point is that the employer cannot disclaim OT pay by saying "we never asked them to stay late". If an employee worked beyond the regular schedule with the employer's knowledge or under operational pressure, the hours are payable. The right defence against unauthorised OT claims is a clear authorisation policy plus accurate attendance and OT logs.
OT authorisation requirements
| Element | Requirement |
|---|---|
| Form | Written or established practice |
| Logged in | OT register, alongside attendance |
| Approver | Line manager or designated authority |
| OT pay | Statutory multiplier (typically 2× weekday, 2× weekend, 3× public holiday) |
| Cap | Daily ~4 hrs, weekly total ~60 hrs |
| Retention | ≥ 7 years |
Edge cases
- Verbal authorisation — risky; the OT register entry should still be made and signed off after the fact.
- "No-OT" policy — does not relieve the employer of paying OT actually worked; enforce by management, not by policy denial.
- Salaried staff — Myanmar generally has no exempt category; OT applies above the regular schedule.
- Comp off in lieu of OT — allowed by mutual agreement; document in the comp-off ledger.
- Worked-from-home OT — same rules apply; capture in the attendance log via clock-in/out app.
Records and inspections
The OT register must show date, employee, approving manager, regular hours, OT hours, and OT pay or comp-off voucher reference. The township labour office requests this register during inspection and cross-checks against payslips. A missing register, or one inconsistent with payslips, drives back-pay claims. Retain ≥ 7 years.
Employer takeaway
Authorise every OT instance in writing or by documented established practice and log it in the OT register with the approving manager named. Pay at the statutory multiplier (typically 2× weekday, 2× weekend, 3× public holiday) or grant documented comp off. Respect daily (~4 hrs) and weekly (~60 hrs total) caps. Retain OT records for 7 years; the township labour office cross-checks the register against payslips during inspection.
Common mistakes
- Relying on a "no-OT" policy and refusing to pay OT actually worked.
- Skipping the OT register because OT is rare — the register is the only way to prove the rare-OT pattern.
- Authorising OT verbally with no after-the-fact log entry.
- Paying salaried staff a flat amount and assuming it covers OT — Myanmar law does not generally permit a blanket OT-inclusive contract for non-managerial roles.
Related reading: weekly OT cap, can an employee refuse OT, and comp off vs OT pay.
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