Introduction

The People’s Military Service Law (“Law“) was initially drafted in 2010 by the former State Peace and Development Council; it was enforced by the State Administration Council (“SAC“) on 10 February 2024. The implementing regulation of the Law, People’s Military Service Rules (“Rules“), were subsequently promulgated on 23 January 2025.

Under the Law, military service is mandatory for male Myanmar citizens aged 18 to 35 and female citizens aged 18 to 27. However, exemptions apply to married women and women with children (even if divorced), as well as to individuals with permanent disabilities or members of religious orders. Additionally, experts and professionals – such as medical doctors, engineers, and other skilled workers -are required to serve if they are male and aged 18 to 45 or female and aged 18 to 35. The duration of service is up to 24 months, extendable to 36 months for experts, and may last up to five years during a state of emergency.

This client alert examines only the impacts on public servants and private company employees under the People’s Military Service Law and Rules of Myanmar.

Impact on Public Servants

The Law defines a public servant’s military service period as duty time. The Rules allow public servants to choose between their standard public service salary and the salary provided by the Defense Services during their service. The Ministry of Defense, in coordination with the Ministry of Planning and Finance, the Union Civil Service Board, the relevant Union ministries, and other relevant bodies, is responsible for determining available benefits, service recognition, and performance-based rewards for public servants.

Suppose a public servant serving in the military is due for a promotion that requires a written examination or interview. In that case, the Ministry of Defense will coordinate with the Union Civil Service Board and the relevant authorities to facilitate the promotion process without requiring such assessments.

Impact on Private Company Employees

For private company employees, the Law mandates reinstatement to their original position or a similar one upon completion of military service. When a worker who has completed his military service reports back to his former employer, the Central Body shall coordinate with the Ministry of Labor to ensure that the employer can reassign the worker to his original job or, if it is challenging to reassign him to his original job, to a similar job. That said, the conditions that could be the grounds for assigning a different role are not prescribed under the Law of the Rules. Failure to appoint an employee who has completed the period for military service may result in punishment, including imprisonment for a term not exceeding three years, with a fine, or both.

Further, the Rules stipulate that employers must pay wages to employees performing military service per relevant laws, rules, notifications, orders, directives, and procedures. Relatedly, the Payment of Wages Law of 2016 (“PW Law“) specifies that if an employee is conscripted under the Law, the employer must pay wages for 60 days as a special leave. It is also important to recognize that PW Law is a general law, whereas the Law is a specialized law governing military service. Under established common law principles, a general law cannot override a specific law. Accordingly, the Law may require employers to continue to pay due wages to any of their workforce members who have been conscripted. That said, neither the Law nor the Rules are explicit on how this amibuity will be addressed and would likely require further clarification from the regulator, lest a practice that may not be the actual legislative intent develops. 

Other Entitlements and Benefits

In the event of injury, death, or service-related incidents, the Defense Services will provide benefits to them or their beneficiaries as per its regulations. Those who have fully completed their military service term are entitled to receive appropriate honours awarded by the Union.

Conclusion

In conclusion, the People’s Military Service Law and Rules impose specific obligations on government agencies and private company employers regarding employees called to military service. The private sector employers must also ensure compliance with the relevant provisions to protect employee rights and meet legal obligations.

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.