According to my experiences and the records of the disputes between the employee and employer in Myanmar, the employee has always had the upper hand. After reviewing such cases, although the employers were right, it is found that there are a great number of employers who lost a trial due to the failure to act rightly or to comply with the lawful acts, or unmethodical acts of the HR department handling the disputes arising from the workplace.
It is found that there has been a significant number of employers who lost a case in Myanmar. The questions arise over why the employers failed to act rightly with the case and did not comply with the lawful acts. If the employers carried out the rightful acts, they would definitely have the upper hand in such labour disputes.
Although some companies, factories and business enterperises are carrying out the works in the other sectors as per the international standards, they are found to have inadequate knowledge of how to take control or resolve the labour disputes.
The employers should focus on undertaking the appropriate actions and complying the applicable laws, before such kind of disputes arise. If the employers are prepared for such conditions, there will be a great number of decisions made in favor of the employers regarding the disputes between the employee and employer, by the labour dispute settlement tribunal.
The employers should have the knowledge of legal matters which they should know, to protect from losing a case due to the failure to carry out the necessary action which is legally required, at the labour dispute settlement tribunal. Please be informed that if you are interested in knowing such matters, please kindly just hit an inquiry at AMK & Thiha Myanmar Litigation Law Firm.