Do Employees Have the Right to Work Remotely? Questions on Myanmar Labor Law Facing the Corona Virus Outbreak

Although the number of confirmed cases of the coronavirus (“COVID-19”) in Myanmar is still one of the lowest in the region, companies have already observed quite a stir in their regular operations. The government has been releasing some instructions regarding precautions and safety measures to which everybody has to adhere.

Highlights of this note

• If an employee self-quarantines, does this count as annual leave, a normal working day, or leave of absence?
• Can an employer oblige an employee to self-quarantine? Can an employer terminate the employment should the employee refuse?
• If an employer is informed that one employee has tested positive, or has a test pending, what must or may the employer tell the other employees?
• If an employer discriminates against certain employees (e.g. Chinese), is the employer liable for this?
• What if an employee wants to stay home to take care of children due to school closures or children being sick?
• What if public transport is closed and an employee cannot get to work?
• Is an employee entitled to work from home?
• If an employee falls sick, who pays the salary?
• In view of a potential lockdown, does the employer have to pay the full salary to employees in times of pandemic and temporary closure of offices? What financial benefits are employees entitled to in case of permanent closure of business.