Sector: Disputes
Further to its Notice No. 012/18 dated 29 March 2018, the Ministry of Labor and Vocational Training (“MLVT”) issued Notice No. 016/18 dated 25 April 2018 (“Notice 016”) to further extend the deadline to apply for renewal of foreign employees’ work permits. According to Notice 016, the previous deadline of 30 April 2018 is extended […]
On 7 March 2018, the Ministry of Commerce (“MOC”) issued Prakas No. 088 MOC (“Prakas 088”) regarding the filing of business association statutes. According to Prakas 088, as part of ongoing obligations after registration with the government authorities, all business associations must file their statutes with the MOC. The filing must include their statutes as […]
Good news for corporate entities that have not yet renewed the 2018 work permits for their foreign employees with the Ministry of Labor and Vocational Training (“MLVT”).On 29 March 2018, the MLVT issued Notice No. 012/18, extending the previous deadline of 30 March 2018 to 30 April 2018 to give employers more time to renew […]
Commercial Law – Filing Statute of Business Associations On 07 March 2018, the Ministry of Commerce (“MOC”) issued Prakas No. 088 MOC (“Prakas 088”) regarding filing statutes of business associations. According to Prakas 088, as part of ongoing obligations after registration with government authorities, all business associations, including foreign chambers of commerce, must file their […]
As Myanmar increasingly becomes a place to do business to both domestic entrepreneurs and foreign investors alike, Myanmar’s labor compliance framework has recently taken stimulus with the re-working of Notification 1/2015 on the Employment Contract Template. The result? Notification 140/2017 of 28 August 2017 (the “Notification”). The Notification has new provisions dealing with how an employment contract […]
As part of ongoing efforts to strictly enforce work permit requirements, following a notice from the Office of the Council of Ministers, the Ministry of Interior (“MOI”) and the Ministry of Labor and Vocational Training (“MLVT”) issued a joint Prakas (No. 719 Br.K) dated 19 February 2018 (“Joint Prakas 719”) on the enforcement of foreign […]
The National Assembly has passed Myanmar Companies Law (the “MCL”) after extensive debate on various aspects of Myanmar’s long awaited corporate reform. The Law is finally here, passed on 23 November, pending signing into law by the President. Key areas which were hotly debated in recent weeks included the highly contentious question of whether small […]
Introduction: The end of the comprehensive overhaul of Myanmar’s corporate legal framework is finally in sight with an updated Companies Law (the “MCL”) approved by Myanmar’s Parliament. Once the MCL is signed into law by the President, the outdated Myanmar Companies Act of 1914 (the “1914 Act”) will be abolished, bringing Myanmar Companies Law in […]
The Myanmar government has reconvened the National Minimum Wage Committee with new members in the interest of reevaluating the minimum wage rate. The committee is comprised of economic advisors, representatives of government ministries, labor and employer organizations and is chaired by Minister of Labor, Immigration and Population, Than Swe. The committee aims to establish a […]
In an investment dispute between a foreign investor and the Government of the Union of Myanmar, there are several institutions and rules which can be used. Highlights of this note What Are the Pros and Cons of ICSID Arbitration for Myanmar Compared to Non-ICSID Arbitration Myanmar’s Dispute Settlement Mechanisms in Existing Investment Treaties Will Myanmar […]
As foreign enterprises continue flock to Myanmar, lured by a robust investment landscape and the recent easing of US sanctions, they must also contend with a new reality – more labor protection and a special labor disputes arbitration system. Highlights of this note Terminate after three warnings Profanity at workplace – is it a reason […]
A recently published Supreme Court case (Supreme Court decision dated 29 July 2015) delves deep into the rights of farmland users in Myanmar and challenges while securing the Form-7 land user certificates, especially for thousands of smallholder farmers across the country. Highlights of this note Background What was the lower court’s judgment and why? What […]
The legal system of the Union of Myanmar is a unique combination of customary law, codified English common law and recent Myanmar legislation. The principles of English common and statutory law were established in Myanmar through the British law codes as applied in the pre-independence India statutes.These statutory laws, based on and incorporating the English […]