What Myanmar law says
Protection against sexual harassment in Myanmar comes from a stack of statutes, not a single one. The framework is:
- Occupational Safety and Health Law 2019 — employer must provide a workplace free of physical and psychological harm, which the labour authorities read as covering harassment.
- Employment and Skills Development Law (ESDL) 2013 — workplace conditions, discipline, and termination grounds; harassment by a superior or sustained harassment by a peer can ground a constructive-dismissal claim.
- Penal Code — covers assault, intimidation, outraging modesty, and certain forms of stalking; police-grade matters are referred under criminal procedure.
- Settlement of Labour Disputes Law — civil dispute path through township labour office → Conciliation Body → Arbitration Council.
Protections at a glance
| Source | Protection |
|---|---|
| OSH Law 2019 | Safe-workplace duty; risk assessment can include harassment hazards |
| ESDL 2013 | Disciplinary path against harasser; constructive-dismissal route for victims |
| Penal Code | Criminal liability for assault, intimidation, and serious harassment |
| Employer policy | Written anti-harassment policy + complaint channel + investigation SOP |
| Internal committee | Recommended for ≥ 50 employees; employee representation required |
| Whistleblower / non-retaliation | Built into policy; ESDL disciplinary code supports it |
Edge cases
- Harassment by a customer or supplier — employer's safe-workplace duty extends; deal with via OSH risk assessment plus contractual remedies.
- Cross-functional or executive harassment — committee should include independent / external members.
- Same-sex harassment — covered by the same stack; do not narrow the policy to a single gender.
- Harassment outside the office — work events, business travel, and online harassment by colleagues are within scope.
- Confidential complaint vs criminal duty — serious assault must be referred to police regardless of complainant's preference.
Records and inspections
Confidential complaint files, investigation summaries, committee minutes, training rosters, and policy acknowledgements should all be on file. Retain ≥ 7 years. The township labour office reviews these when a harassment dispute reaches the Conciliation Body. The OSH inspectorate reviews policy and training during routine factory inspections. Buyer audits in export sectors demand recent training rosters.
Employer takeaway
Sexual-harassment protections in Myanmar derive from OSH Law 2019, ESDL 2013, and Penal Code rather than a standalone POSH Act. Implement a written anti-harassment policy, a confidential complaint channel, an internal committee for larger employers, annual training, and a documented investigation SOP. Refer criminal-grade conduct to police. Retain records for 7 years; unaddressed harassment is a wrongful-termination and reputational exposure.
Common mistakes
- Citing a non-existent "Myanmar POSH Act" in handbooks.
- Relying on the line manager to triage complaints against themselves.
- Treating harassment as an HR-only issue when criminal referral is required.
- Skipping training and then defending policy adequacy in a dispute.
Related reading: is harassment law mandatory, how companies should respond, and are committees required.
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.