Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lao People's Democratic Republic (Ratification: 2008)

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Observation

2023
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Articles 1, 2 and 3 of the Convention. Protection of workers against discrimination. Legislation. Scope of application. The Committee notes the Government’s indication, in its report, that it adopted Ministerial Decision on Domestic Workers No. 4369/MOLSW on 2 November 2022. It notes however that the Government does not provide information on its contents. Recalling that section 6 of the Labour Law 2014 excludes domestic workers from its application, the Committee asks the Government to identify the specific provisions, in the Ministerial Decision on Domestic Workers No. 4369/MOLSW and in any other applicable regulations, that protect domestic workers from discrimination in employment and occupation on the grounds set out in the Convention. In addition, noting that the Government does not provide information on the protection of civil servants from discrimination, and recalling that the Labour Law 2014 excludes civil servants from its application, the Committee once again requests the Government to provide a copy of the Law on Government Officials No. 74/NA of 2015 and to identify the specific provisions that protect civil servants from discrimination in employment and occupation on the grounds set out in the Convention.

Article 1(1)(a). Prohibition of discrimination. The Committee notes the Government’s statement that a new section 96 on gender equality in the workplace was introduced in the Labour Law 2014, but that the Government does not provide information on its content. The Committee takes due note of the Government’s indication that, through the Labour Development Plan 2026-2030, the Ministry of Labour and Social Welfare plans to amend the Labour Law 2014. The Committee notes with concern that, once again, the Government has not taken any steps to put its legislation in conformity with the requirements of the Convention. The Committee urges the Government to: (i) clearly define direct and indirect discrimination prohibited by sections 3(28) and 141(9) of the Labour Law; (ii) expressly prohibit discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention; and (iii) provide information on the progress achieved to this end. Also, the Committee asks again the Government to: (i) clarify whether the prohibition of discrimination contained in the Labour Law concerns both employment and occupation and applies equally to employers and employees; and (ii) provide information on the content of the new section 96 of the Labour Law.

Discrimination based on sex. Sexual harassment. The Committee notes with concern that the Government does not reply to its previous requests and merely indicates that it intends to amend the Labour Law 2014. The Committee therefore urges the Government to: (i) take the necessary measures to define, prevent and prohibit sexual harassment in employment and occupation including, both, quid pro quo (blackmail) and hostile environment sexual harassment; (ii) provide for adequate sanctions and remedies; and (iii) provide information on the progress achieved in this regard. In addition, recalling that a legislation under which the sole redress available to victims of sexual harassment is the possibility to resign does not afford sufficient protection for victims of sexual harassment, the Committee once again asks the Government to provide information on the application in practice of: (i) section 83(4) of the Labour Law, which allows a worker to bring an end to the employment contract in the event of sexual harassment; and (ii) section 141(4) which prohibits employers from violating the personal rights of employees, including with respect to cases of sexual harassment.

Article 1(1)(b). Additional grounds of discrimination. The Committee takes note of the Government’s indication that it introduced a new section 69 to the Labour Law 2014, which provides for equality between foreign workers and Lao workers “when undertaking the same work at the same standard of labour and under the same working conditions, including salary or wages”. However, the Committee notes with regret that once again the Government does not reply to its previous requests and refers to paragraph 808 of its General Survey of 2012 on the fundamental Conventions. The Committee requests the Government to take the necessary measures, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the basis of nationality, age or socio-economic status as previously contained in the Labour Law 2007 with respect to all aspects of employment and occupation.

Article 4. Activities prejudicial to the security of the State. The Committee notes with concern the Government’s reiterated statement that there is no information available on this point. Recalling that it has been raising this issue since 2011, the Committee urges the Government to take the necessary measures to collect information on the application in practice of section 117 of the Penal Law 2017, which establishes a broad prohibition of activities considered to be prejudicial to the security of the State, including “propaganda activities”. It requests the Government to indicate the steps taken to ensure that these provisions do not, in practice, result in discrimination in employment and occupation on the basis of political opinion, including information on any complaints made by employees or extracts of any court decisions in this regard.

The Committee is raising other matters in a request addressed directly to the Government.