**if you are required to work or under an obligation to work for overtime, there are certain conditions to be satisfied and procedures to undertake, Before anything else, if you are compelled to work for overtime you must alert and notified the responsible manager one day prior to work. It is compulsory that you must disclose the reason or justification of working for overtime. Subsequently the responsible manager will appeal to higher management for approval of the particular request. It is only under management discretion that will either approve or reject the overtime request.Once an employee is over and done with the overtime works, he/she is liable to compose reports to management of the work done otherwise the remuneration for overtime will not be calculated. The overtime will be not granted and permitted for those managers and above, if you are forced to contend with several works, you may appeal to management for readjustment of work assigned.Note, every employee has an obligation to do their work (duties and responsibilities) within the stipulated period and finalize by end of the day, they are not allowed to take things for granted exploit the overtime to prolong their work thus strong and plausible excuses are required to work for overtime.**
When operating requirements or other needs cannot be met during regular working hours, employees will be given the opportunity to volunteer for overtime work assignments. All overtime work must receive the supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work.
Overtime compensation is paid to all non-exempt employees in accordance with Myanmar labour law wage and hour restrictions. Overtime pay is based on actual hours worked. Time off on medical leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. Failure to work scheduled overtime or overtime worked without prior authorization from the supervisor may result in disciplinary action, up to and including possible termination of employment.
Business travel for conferences, meetings, etc., which cause an employee to depart or arrive home on a non-work day does not constitute overtime.
Hourly-paid employees (non-exempt) are expected to confine their work to the normal workday and workweek unless their manager authorizes overtime in advance. If determined necessary, in case of emergency or when its in the best interests of the Company, overtime work should be authorized by management for time spent beyond an employee's standard workweek.
Hourly-paid employees should be paid one and one-half (1.5) times their normal hourly rate of pay for approved overtime hours worked in excess of forty (40) hours per week.
The hours worked by salaried/exempt employees are often irregular, begin and end beyond the normal workday.
The Followings policy has been written for the sole purpose broad explanation. This may or may not applied to Win Thein & Sons Co., Ltd
All payments given to an employee as remuneration for employment must be included in calculating the employee’s regular rate, except those which [Myanmar Labor Law] specifically says may be excluded.
Of course, if a payment is not compensation for employment, then it is not a part of the employee’s wages. On the other hand, if a payment is excludable by the [Myanmar Labor Law], then it may be ignored when figuring the employee’s regular rate and overtime pay, even though it is remuneration for employment.
This chart is not all-inclusive. Although it is an extensive listing of payments that will be confronted in payroll computations, any other payment that is remuneration for employment and not a statutory exclusion must be considered as wages, just as any other payment which qualifies for a statutory exclusion may be eliminated from the wage category.
1. Employee payments that must be included in calculating regular rates
Board and lodging furnished by employer if not excluded under union contract
q accuracy of work
q continuation of employment relationship
q quality of work
Guarantees paid to pieceworkers
Housing and lodging furnished by employer if not excluded under union contract
Lump-sum overtime pay
Contest prizes for:
q number of overtime hours worked
q quality of work
q sales stimulation
Lunch expenses of employee paid by employer
Meals furnished by employer if not excluded under union contract
Merchandise furnished free at company stores (food, clothing, household articles)
Patent payments, if employer solicited invention
Rent of employee’s living quarters paid by employer if not excluded under union contract
Rest-period premiums (but only if they are paid more often than occasionally)
Shift differentials for
q night shift
q second shift
q swing shift
q third shift
Transportation, not incident of employment, furnished by employer
Traveling expenses of employee to and from work which are paid by employer
Utilities furnished by employer for employee’s personal use if not excluded under union contract
Wages for hours worked (whether productive or not), including:
q day wages
q hourly guarantees to pieceworkers
q hourly wages
q job wages
q non-cash wages
q piecework earnings
q shift differentials
2. Employee payments that may be excluded in calculating regular rates
Absence pay for infrequent or unpredictable absences (see also idle-time pay) caused by:
q funeral of family member
q jury service
Board, lodging, or other facilities excluded under union contract
q discretionary with employer
q percentage of total wages
Call-back pay covering idle time
Daily overtime pay of any amount for:
q hours in excess of reasonable daily standard
Day-of-rest pay at time and one-half
Death benefits paid from welfare fund
Disability benefits paid from welfare fund
Disaster relief payments
Discretionary bonuses (discretionary with employer)
Expense reimbursements for:
q tools which employer is required to furnish
q travel expenses in connection with employer’s business
q uniforms which employer requires employee to wear
Health and welfare plan contributions by employer
Holiday pay for:
q idle time if equivalent to regular earnings
q time worked if at time and one-half
Hospital expenses paid from welfare fund
Idle-time pay (see also Absence pay) due to:
q call-back pay & show-up pay
q machinery breakdown
q supplies failing to arrive
q weather conditions making it impossible to work
Insurance paid from welfare fund
Loan to employee which is not deducted from wages
Medical care on the job
Medical services and hospitalization required by workmen’s compensation laws
Parking space furnished by employer
Pension plan contributions by employer
q at time and one-half if full shift not exceeding 8 hours is not worked
q of any amount if full shift is worked
Pre-shift pay at time and one-half for shifts not exceeding 8 hours
Prize given to employee for recommending a sales prospect
Profit-sharing payments qualifying under administrative regulations
Recreational facilities furnished by employer
Rest-period premiums (but only if they are paid occasionally)
Retirement benefits paid from welfare fund
Savings plan payments qualifying under administrative regulations
Seventh-day pay at time and one-half
Show-up pay covering idle time
Stock denoting contingent interest
Suggestion awards for suggestions that casually occur to employee and require no work
q at time and one-half for Sunday work as such
q of any amount if for excess daily or weekly hours
Supper money given to employee who works late
Talent fees paid to radio and television performers and announcers
Tips, if no agreement on wage status
Transportation incidental to employment
Traveling expenses of business trip by employee
Truck or car rental paid to employee for use of their conveyance
Tuition for independent schooling outside working hours
Veteran’s subsistence allowances
Voting time pay
Weekly overtime pay of any amount for:
q hours in excess of statutory straight-time workweek
q hours in excess of reasonable weekly standards
Welfare fund benefits received by employee:
q death benefits
q disability benefits
q medical care
q retirement benefits
Welfare plan contributions by employer made irrevocably to trustee or third person to provide:
q death benefits
q disability benefits
q medical care
q retirement benefits
3. Overtime Policy Guidance
q Consider staggering work periods
q Communicate your staggered workweek
If you are going to adjust overtime pay to take advantage of the offsets the law provides, make that very clear in your policy and routinely communicate that information. Unless the perception is addressed, employees may challenge the practice unnecessarily as well as feel a lack of candor on the part of their employer.
q Don’t treat overtime as a privilege
Your policy should stress that overtime is not a benefit – it is only to be authorized when business demands it. In no instance should overtime be authorized solely at the request of the employee or awarded as a privilege.
q Don’t be casual about unreported time
Prohibit in writing and enforce actively a prohibition against “casual work time“ and unreported time. Pay for all time and discipline abusers immediately after the fact.
q Don’t unintentionally support unreported time
Through management development and supervisory training, aim to dispel the belief that the “good” employee is the one who comes in a little early or stays a little late just to help out and does not report the time.
q Have a clear policy on mandatory overtime
If overtime is to be mandatory when requested, state that fact throughout the hiring process and include a statement to be signed by the employee acknowledging an understanding of the company policy regarding mandatory overtime. Even with such a policy, there may be occasions where certain mitigating circumstances, such as illness or death in the employee’s immediate family, can and should be exceptions. Document all exceptions to policy.
q Don’t fail to include on-call pay in overtime calculations
Pay for time during which an employee holds himself ready for call to work must be included in the regular-rate computation.
q Don’t average hours worked in two or more weeks
Each workweek must be treated as a separate unit in computing pay.
q Do not negotiate side agreements with employees to avoid paying overtime
Employees cannot waive their rights to overtime compensation granted them by the Myanmar law, except where the government supervises the voluntary payment of wages due or sues on behalf of the employees. Employees cannot agree that their overtime hours may be paid at a lower rate. Agreements to “kick back” overtime pay and agreements to conceal overtime hours are invalid. Even though employees have agreed to such arrangements, they can still recover the overtime pay specified in the Myanmar Labor Law, possibly by suing you at some point in the future.