Myanmar: COVID-19 - Further update on workplace inspections in Myanmar

In brief

On 3 May 2020, the Ministry of Labour, Immigration and Population (MLIP) announced that certain types of essential businesses, public services and essential public services can continue their operations by adhering to the guidelines for workplaces regarding prevention and control of COVID-19 issued by the Ministry of Health and Sports ("MOHS Guidelines") despite the mandatory workplace inspection by MLIP not having been completed.


Contents

Key takeaways

MLIP had previously announced on 19 April 2020 that it will conduct workplace inspections between 20 and 30 April 2020 and workplaces are not allowed to continue its operations until after the inspections have been completed by MLIP and certified to be in compliance with the MOHS Guidelines. As pointed out in our previous client alert on 20 April 2020, the notification raised a number of unclear points, including whether offices, as opposed to factories and construction sites, will be subject to the inspection and compliance requirements. The latest guidance from MLIP addresses some of the uncertainties arising from its previous notification by listing down the types of businesses that are allowed to carry on their operations prior to the workplace inspections. The list includes various essential or public services which are normally carried out in offices, thus verifying the position that all offices are also required to adhere with the MOHS Guidelines.

Essential businesses and services

The following businesses and services have been categorised by MLIP as essential for the public during the COVID-19 pandemic and they will be allowed to continue their operations provided that they had complied with the MOHS Guidelines and furnished evidence of such compliance to MLIP.

  1. Essential businesses

(1) State-owned factories, workshops and businesses.

(2) Water distribution.

(3) Electricity and fuel production and distribution.

(4) Firefighting services.

(5) Private hospitals, clinics and health services.

(6) Communication, information and technological services.

  1. Public services

(1) Transportation, warehouses and wholesale centres.

(2) Ports, cargo transportation and logistics.

(3) Import, export and trade services.

(4) Municipal development services.

(5) Banking and financial services.

(6) Insurance companies and companies without goods production.

(7) Job agencies.

(8) Information services.

(9) Tollgates, road and bridge toll collection services.

(10) Hotels, motels and accommodation services.

  1. Essential public services

(1) Printing and publishing services.

(2) Mineral and natural resource services.

(3) Chemical-based services.

(4) Construction services.

(5) Fish and prawn breeding, catching and freezing services.

With regard to item (B)(6) above, we have consulted informally with relevant authorities who clarified that the companies wihout goods production must also be operating a business that is essential for the public during the COVID-19 pandemic. Businesses who are unsure whether they qualify as an essential business or public service are encouraged to contact their respective township labour offices for guidance.

Conclusion

The latest update from MLIP is an important guidance for the business community in Myanmar. Businesses would be encouraged to continue to monitor updates and clarifications from the authorities across the evolving regulatory landscape in Myanmar.

Contact Information
Andre Gan
Managing Partner
Kuala Lumpur, Yangon
andre.gan@bakermckenzie.com

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