Texts of pending comments

Articles 1, 2 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. Legislation. Following its previous comments on legislative provisions giving effect to the Convention, the Committee notes the Government’s indication in its report that the country does not manufacture white lead, and only uses products from exporting countries that should already have measures to control the use of white lead. The Government further indicates that a prohibition on the use of white lead is provided for in sections 9, 10 and 11 of the Law on Chemical Management No. 07/NA. Sections 9 and 10 of this Law divide chemicals into Types I, II, III or IV according to levels of hazards, and prohibits business activities using chemicals of Type I, except for selected activities approved by the Government, such as research. The Government also refers to Decision No. 0389/MOIC of the Minister of Industry and Commerce on the List of Industrial Chemicals, of 3 April 2018. While this Decision categorises lead powder as a chemical under Type II, white lead and sulphate of lead do not appear to be included in the list. In addition, while the Government indicates that the prohibition on the use of white lead also applies to artistic painting, it is not clear if there are any other exceptions. The Committee therefore requests the Government to indicate the legislative provisions setting out the categorisation of white lead and sulphate of lead, in application of the Law on Chemical Management No. 07/NA. In addition, should there be any exceptions to the prohibition, the Committee requests the Government to indicate the legislative provisions regulating the use of white lead and sulphate of lead in accordance with Article 5 of the Convention.

Article 3. Prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead. In response to the Committee’s comments on provisions giving effect to Article 3, the Committee notes the Government’s indication that it applies section 3(1.5) of the Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons, adopted on 23 November 2018. The Committee requests the Government to provide detailed information on this section and the way it is implemented in practice.

Article 7. Establishment of statistics of morbidity and mortality due to lead poisoning. Following its previous comments on this matter, the Committee notes the Government’s indication that it has implemented sections 12 and 13(4) and (5) of the Decree No. 22/GOV on Occupational Safety and Health (OSH) of 5 February 2019, which provide for the duties of OSH officers and OSH units at the undertaking level to report occupational diseases to the labour management authority, among other duties. The Government nevertheless states that there are currently no statistics available regarding morbidity and mortality due to lead poisoning, and that it will strive to collect statistics when it has the capacity to do so. The Committee requests the Government to continue to take the necessary measures to ensure that it can compile statistics of morbidity and mortality due to lead poisoning in the near future, and to provide such statistical information, when available.

Legislation. Following its previous comments on this issue, the Committee notes the Government’s statement in its report that the protection and management of night workers is encompassed in the Labour Law and that no additional regulations have been adopted. The Committee therefore requests the Government to provide further information on the points raised below under Articles 6, 7 and 9 of the Convention.

Articles 1 and 3 of the Convention. Specific measures for night workers. In its previous comment, noting that section 61 of the Labour Law does not provide for a definition of “night worker”, the Committee had recalled that, under the Convention, night workers include any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit, and this limit shall be fixed by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements. The Committee further notes that Article 3 provides that specific measures required by the nature of night work, which shall include, as a minimum, those referred to in Articles 4 to 10, shall be taken for night workers. The Committee notes that the Government’s report does not contain information on this matter. Therefore, the Committee once again requests the Government to indicate how the term “night worker” is defined in the relevant implementing legislation or in applicable collective agreements.

Article 2. Scope of application. Following its previous request for information on how the Convention is applied to workers excluded from the Labour Law and to domestic workers, the Committee notes the Government’s indication that regulations regarding domestic workers are at the drafting stage. The Government also indicates that specific laws and regulations protect other categories of workers, such as government officials, the police or military personnel. The Committee requests the Government to indicate the provisions on night work contained in the specific laws and regulations applicable to categories of workers such as government officials, the police and the military. It further requests the Government to provide a copy of the regulations on domestic workers, once adopted.

Article 4. Health assessments. In its previous comment, the Committee noted that section 126 of the Labour Law provides that employees who work at night must undergo medical examinations at least twice per year. In this respect, the Committee requested the Government to indicate how full effect was given to Article 4, which requires that: (i) medical examination shall be available upon request of night workers before taking up an assignment as a night worker, at regular intervals during the assignment, and if they experience health problems during the assignment which are associated with night work; and (ii) the findings of health assessments shall not be transmitted to others without the workers’ consent and shall not be used to their detriment. The Committee notes that section 24 of the Decree on Occupational Safety and Health requires medical examinations of workers prior to employment, at the cost of the employer. It also notes the Government’s statement that, pursuant to section 25 of the Health Insurance Law, workers’ health information is kept private and used only as intended. The Committee requests the Government to indicate how full effect is given to the requirement of making medical examinations available upon request of night workers, if they experience health problems during the assignment which are not caused by factors other than the performance of night work.

Article 6. Transfer or equal protection. The Committee notes that section 61 of the Labour Law provides that, in cases where a night worker possesses a medical certificate and is unable to work at night for health reasons, the employer may temporarily move them to a more suitable shift with a salary or wage determined according to legislation. It also notes that section 61 of the Labour Law does not provide that, where a transfer proves not to be practicable, night workers should enjoy the same benefits as other workers who are unable to work or to secure employment, as required by Article 6(2) of the Convention. The Committee requests the Government to indicate how full effect is given to this provision of the Convention.

Article 7. Maternity protection. The Committee notes that section 97 of the Labour Law provides that, where a pregnant woman or a woman who is caring for a child under one year of age was previously engaged in night work, temporary transfer to an appropriate post shall be ensured during this period, with the same salary or wage. It further notes that the Labour Law does not specifically provide for maintenance of benefits regarding status, seniority and access to promotion which may attach to the worker’s regular night work position, as required by Article 7(3)(c) of the Convention. The Committee requests the Government to indicate how full effect is given to this provision of the Convention.

Article 9. Social services. The Committee requests the Government to indicate the measures taken to provide appropriate social services (aside from transportation), for night workers and, where necessary, for workers performing night work, in accordance with Article 9.

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee asked the Government to clarify whether the terms “wages or salary” in section 96 of the Labour Law, 2014. and the term “remuneration” in section 15 of the Law on the Development and Protection of Women, 2004 (LDPW), include the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind, as indicated in the Convention. The Committee notes with regret that in its report the Government once again fails to provide a clear answer to the request and merely declares that the terms “wages and salary” in section 96 of the Labour Law and the term “remuneration” in section 15 of the LDPW have the same meaning in Lao, but does not clarify whether they include all the elements of remuneration, or are to be interpreted more narrowly. The Committee once again draws the Government’s attention to the fact that the broad definition of remuneration set out in Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind, and payments made directly or indirectly by the employer to the worker which arise out of the worker’s employment. The Committee therefore urges the Government to clarify whether in Lao the terms “wages and salary” in section 96 of the Labour Law and “remuneration” in section 15 of the LDPW include the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind.

Article 1(b). Work of equal value. Legislation. The Committee previously asked the Government to provide information on the practical application of section 15 of the LDWP (equal remuneration and benefits for women and men who have the same position, task, work or responsibility) and section 96 of the Labour Law (which no longer refers to “work of equal value”) in the case of jobs of an entirely different nature involving different positions, tasks, work and responsibility, but which are nevertheless of equal value. The Committee notes the Government’s general statement that, with respect to section 96, it is possible to bring a claim for a violation of equal remuneration for work of equal value, but that no case has been recorded by the courts. In this regard, the Committee once again recalls that only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of work of equal value set out in the Convention permits a broad scope of comparison including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. Moreover, the application of the Convention is not limited to comparisons between men and women in the “same labour unit” and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. Finally, the Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (2012 General Survey on the fundamental Conventions, paragraphs 673, 678 and 697). The Committee therefore asks the Government to consider the possibility of amending the wording of section 96 of the Labour Law and section 15 of the LDWP so as to give full legislative expression to the principle of equal remuneration for work of equal value. In the meantime, it asks the Government to indicate how it is ensured that the application of the legislation in practice permits the comparison of work which is overall of equal value based on a range of factors and allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or for different employers.

Article 2(1). Scope of application. Public sector. Recalling that the right to equal remuneration for men and women for work of equal value is not set out in the Governmental Decree on Public Servants No. 82/PM of 2003, the Committee previously asked the Government to provide information on the measures taken or envisaged to ensure that equal remuneration for men and women for work of equal value is applied in practice for public servants. The Committee notes the Government’s statement that sections 87(13) and 88(8) of Governmental Law on Public Servants No.74/NA, dated 18 December 2015, allow claims by civil servants regarding equal remuneration for work of equal value. The Committee asks the Government to provide a copy of Governmental Law on Public Servants No.74/NA, 18 December 2015, and to provide information on the application in practice of sections 87(13) and 88(8), including on successful claims brought by public servants with regard to unequal pay for men and women for work of equal value. Noting the Government’s indication that it does not currently collect information on the distribution of men and women in the different posts of the public service and their corresponding earnings levels, the Committee encourages the Government to take steps to collect such information when updating the Labour Force Survey and to provide its findings in its next report.

Private sector. The Committee previously requested the Government to clarify how the principle of the Convention, as set out in the Labour Law, is applied to “household workers”, as the Law simply provides that they must “comply with the working contract” (section 6(3)). The Committee takes note of the Government’s indication that the legislation regarding household workers will be reviewed and that it is currently working on a Minister’s Decision on the Management of Domestic Workers which will ensure that the principle of the Convention also applies to domestic workers. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value also applies to household workers. It also asks the Government to provide information on the progress made in the adoption of the draft Minister’s Decision on the Management of Domestic Workers and to provide a copy once adopted.

Article 2(2)(b). Wage determination and minimum wage. In its previous comments, the Committee noted that, pursuant to section 108 of the Labour Law, the State is responsible for determining the levels of the minimum wage based on consultations, and that a “minimum wage can be determined for each sector”. It asked the Government to indicate the methods and criteria used for setting sectoral and industry-based minimum wages and how it is ensured that minimum wages in female-dominated occupations or sectors, such as the garment industry, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. The Committee notes the Government’s indication that, following consultation with the social partners, minimum wages are set according to living conditions, such as the price of food, clothes, shelter and health care, as well as trends in economic growth. It also notes the Government’s very general declaration that labour inspectors are responsible for ensuring that minimum wages are set in a manner that does not undervalue female-dominated occupations. The Committee wishes to recall that, where minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women, and that due to such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued. The Committee also recalls that the mere fact that the Government states that labour inspectors when determining the minimum wage do not make a distinction between men and women is not sufficient to ensure that there is no gender bias in the process (2012 General Survey, paragraph 683). The Committee also notes, from the Labour Force Survey 2017, that in sectors employing a majority of men, such as mining, the median monthly salaries are significantly higher than in sectors employing a majority of women, such as accommodation and food service activities. It further notes that it is in the mining sector that the gender pay gap is the highest at 33 per cent. The Committee therefore asks the Government to ensure that minimum wage rates are fixed on the basis of objective criteria, free from gender bias, and to ensure that the work in sectors with a high proportion of women, including the garment and service industries, is not undervalued in comparison with sectors in which men are predominantly employed. In order to assess whether the principle of the Convention is respected, the Committee asks the Government to indicate the method and criteria used for setting sectoral and industry-based minimum wages. Noting the lack of information in this regard, the Committee also asks the Government to provide information on the practical application of the Decree on minimum wages for workers in business enterprises, manufacturing and services sectors.

Article 3. Objective job evaluation. Noting the Government’s indication in reply to its previous comment that it has not established any method of objective job evaluation, the Committee once again recalls that the concept of equal value enshrined in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see the 2012 General Survey, paragraph 695). The Committee once again asks the Government to take the necessary measures, in cooperation with employers’ and workers’ organizations, to promote objective job evaluation methods free from gender bias, in the public and private sectors, such as: (i) identifying and eliminating the influence of stereotypes and prejudices with regard to women’s work which cause predominantly female jobs to be undervalued; and (ii) identifying traditional job evaluation methods designed on the basis of the requirements of male-dominated jobs in order to adopt gender neutral evaluation methods instead. The Government is asked to provide information on any progress achieved in this regard.

Article 4. Cooperation with the social partners. With reference to its previous comments, the Committee notes the Government’s statement that collective agreements are not registered in any labour administration agency and therefore the Government cannot provide information on how collective bargaining gives effect to the principle of the Convention, as set out in section 170 of the Labour Law. In this regard, the Committee recalls that governments should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value (2012 General Survey, paragraph 680). The Committee therefore asks the Government to take steps, in cooperation with employers’ and workers’ organizations, to ensure that collective agreements observe the principal of equal remuneration for men and women for work of equal value.

Enforcement. The Government states that the courts and labour inspectors have not registered any case of violation of section 15 of the LDPW or section 96 of the Labour Law. In this regard, the Committee refers to its direct request on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Noting the absence of information communicated, the Committee once again asks the Government to provide specific information on any steps taken to raise awareness among workers, employers and their respective organizations and to engage in the capacity building of judges and the labour inspectorate on the application of the principle of the Convention. The Committee asks the Government to provide information on any court or administrative decisions regarding the application of section 15 of the LDPW and section 96 of the Labour Law, as well as information on any violations recorded by the labour inspectorate.

Statistical data. The Committee previously noted that, in accordance with section 156(5) of the Labour Law, the Ministry of Labour and Social Welfare is responsible for conducting research on labour and collecting statistics and information on the labour market, but that the Government has not collected statistics on the respective earnings levels of men and women in the different sectors of the economy and in different occupations. It requested the Government to make the necessary efforts to collect and analyse sex-disaggregated data on the remuneration levels in the various industries, in the public and private sectors, and for the different occupational categories. The Committee notes with interest that a Labour Force Survey was undertaken in 2017. It notes that the labour participation rate of men was 45.2 per cent compared to 36.5 per cent for women, and that women are more likely than men to be outside the labour force for family-related reasons. The Committee asks the Government to ensure that the Labour Force Survey 2017 is updated on a regular basis. The Government is asked to provide information on the distribution of men and women and their respective remuneration levels, in the various industries, in the public and private sectors, and in the different occupational categories. The Committee also asks the Government to provide information on the measures taken to address effectively discrimination and unequal pay, including its underlying causes, and to assess whether the measures taken are having a positive impact.

Article 1(2) of the Convention. Inherent requirements. The Committee previously noted that, pursuant to section 33(3) of the Labour Law (2014), certain jobs, to be specified in a separate list, can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require special knowledge. The Government had indicated that it would study, research and collect data in order to provide a list of the occupations that are reserved for Lao citizens. The Committee notes the Government’s indication in its report that it is still in the process of drafting the list. The Committee asks the Government to step up its efforts in the finalization of the list of occupations reserved for Lao citizens and to provide the full and complete list once completed. In the meantime, the Committee again asks the Government to provide information on the practical application of section 33(3) of the Labour Law (2014) and on how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security.

Article 2. Equality of opportunity and treatment between men and women. The Committee takes note of the information provided by the Government, in reply to its previous comment, on the outcomes of the National Strategy for the Promotion of the Advancement of Women (2011–15). It had asked the Government to provide up-to-date statistical information on employment and education, disaggregated by sex; as well as to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men. The Committee notes, from the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Government adopted: (1) the third national strategy for gender equality (2016–2025); (2) the third five-year national action plan for gender equality (2016–2020); and (3) the inclusion of measures, including temporary special measures, in the eighth national five-year “socioeconomic development plan (2016–2020) to advance women’s human rights and their participation in employment and political and public life” (CEDAW/C/LAO/CO/8-9, 14 November 2018, paragraph 5(a) and (b)). The Committee also notes, from the report of the Government on the implementation of the Equal Remuneration Convention, 1951 (No. 100), that it undertook a Labour Force Survey in 2017. The Committee notes, that this survey found “little gender difference in educational attainment”. The Committee notes however that the CEDAW expresses its concern about: (1) the insufficient implementation of the legislative framework; (2) the fact that temporary special measures are restricted solely to increasing the participation of women in decision-making positions and that most targets for the representation of women, which are set at 20–25 per cent, are unable to produce a critical mass for change; (3) the limited access to primary and secondary education for girls, partly due to the indirect costs of education, household chores, language barriers and the persistence of patriarchal attitudes and discriminatory gender stereotypes regarding their roles and responsibilities in the family and in society; and (4) the disproportionately low rates of enrolment among women and girls in vocational schools and higher education, particularly in non-traditional fields of study, such as science, technology, engineering and mathematics (paragraphs 11, 21 and 35). The Committee asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and vocational training. It asks the Government to: (i) provide information on the measures taken in the framework of the National Strategy for Gender Equality (2016–2025) and the National Action Plan for Gender Equality (2016–2020); (ii) pursue its efforts in promoting women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education; and (iii) provide information on the progress achieved in this regard. Finally, noting the Government’s lack of response in this regard, the Committee once again asks the Government to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men, in order to allow women to have the same opportunities as men in their career paths and access to high-level positions.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s indication, in reply to its previous comment, that the Decree on the Ethnic Affairs, which will provide for the recruitment of officials and civil servants from ethnic groups and the development of their skills and knowledge to allow their return to their local offices as main official, is still being drafted. The Government also provides information, as requested, on the number of graduates in primary and secondary school in 2015, but the Committee notes that the information is not disaggregated by ethnicity or sex. It also notes, from the 2018 concluding observations of the CEDAW, the high illiteracy rates among women and girls, in particular among certain ethnic groups and the limited availability of intercultural education for girls belonging to ethnic minority groups (CEDAW/C/LAO/CO/8-9, paragraph 35(d) and (e)). Recalling the persisting large gap between ethnic groups, and particularly minorities, in accessing education and vocational training, the Committee asks the Government to step up its efforts in narrowing this gap. In this regard, it once again asks the Government to provide information on the specific steps taken by the Government and the Lao Front for National Construction to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide information on the progress made in adopting and implementing the Decree on the Ethnic Affairs, and to provide a copy once adopted. Once again, the Government is asked to provide updated statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Persons with disabilities and older workers. The Committee previously asked the Government to provide information on the steps taken or envisaged to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law (2014). The Committee notes the Government’s indication that it adopted the Law on Persons with Disabilities (2019) and is drafting a Decree on Elderly Persons. The Committee also takes note of the various strategies and action plans, including the new Strategic Workplan for Persons with Disabilities and the memorandum of understanding signed with two associations to fund US$904,880 for projects to improve the livelihoods, and provide vocational training and employment for disabled persons in Houaphanh Province and Vientiane Capital. The Committee welcomes these initiatives, but notes that very little information is provided with regard to their contents. The Committee therefore asks the Government to provide detailed information on the Law on Person with Disabilities (2019) and the Decree on Elderly Persons, and more specifically on the provisions aimed at ensuring the protection of persons with disabilities and older persons from discrimination in employment and occupation, and on their application in practice. The Committee also asks the Government to provide information on the concrete measures taken under the framework of the Strategic Workplan for Persons with Disabilities, and the results achieved, with regard to employment opportunities and skills development of persons with disabilities. Finally, the Government is asked to provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. The Committee notes the Government’s indication, in reply to its previous comment, that section 97 of the Labour Law (2014), which prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous, only applied to women and not men who care for young children. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey on the fundamental Conventions, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. In light of the above, the Committee asks the Government to review its approach regarding restrictions on women’s employment to ensure that any protective measures taken are strictly limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. In reply to its previous request, the Committee notes the Government’s general statement that it is continually disseminating information regarding the laws to the public, including on non-discrimination, by various channels such as radio, television and newspaper. The Government adds that labour inspectors also raise awareness on the non-discrimination and equal pay legislation through their normal inspection duties and through awareness-raising campaigns. The Committee notes that, once again, the Government indicates that there is no reported case concerning discrimination or equal pay. In this regard, the Committee refers to its direct request on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It would also like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey, paragraph 870). The Committee therefore once again invites the Government to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Recalling the need to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms, it again asks the Government to provide information on any court or administrative decisions regarding the enforcement of non-discrimination and equal pay legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

Articles 1, 2 and 3 of the Convention. Protection of workers against discrimination. Legislation. Scope of application. The Committee previously noted that the Labour Law (2014) excludes civil servants, among others, from its application and that, according to the Government, the Law on Government Officials No. 74/NA of 2015 prohibits discrimination against government officials. It also noted that, by requiring domestic workers to “comply with the working contract”, section 6 excludes them from the protection of the Labour Law. Recalling that the principle of the Convention applies to all workers, the Committee asked the Government to indicate how civil servants and domestic workers are protected against discrimination in employment and occupation. The Committee notes the Government’s indication in its report that the contract between domestic workers and their employers is governed by specific regulations. The Government adds that the Ministry of Labour and Social Welfare is drafting a Decision on the management of domestic workers, which will be in conformity with the Convention. The Committee therefore asks the Government to provide detailed information on the specific regulations that apply to domestic workers, to which the Government refers, and to indicate how these regulations protect them from discrimination in employment and occupation on the grounds set out in the Convention. It also asks the Government to provide information on the draft Ministerial Decision on the management of domestic workers. Noting the Government’s indication that the Law on Government Officials No. 74/NA of 2015 is only available in Lao, the Committee asks the Government to provide a copy of the Law 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. In its previous comments, the Committee noted that the Labour Law 2014, reforming the Labour Law 2007, prohibits direct and indirect discrimination in the workplace in general terms (sections 3(28) and 141(9)), without clearly defining direct and indirect discrimination. In addition, while there are provisions prohibiting gender discrimination, the Committee noted that the Labour Law 2014 no longer explicitly prohibits discrimination on the grounds of race, religion and belief, as previously provided for in section 3(2) of the Labour Law 2007, nor does it prohibit discrimination based on colour, political opinion, national extraction or social origin. The Committee notes the Government’s reply, referring to article 35 of the Constitution (as revised in 2015), which provides that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”. It also notes the Government’s very general statement that it promotes equal rights for all persons without discrimination. The Committee is therefore once again bound to recall the importance of clear and comprehensive definitions of what constitutes discrimination and, in particular, of what constitutes direct and indirect discrimination, in identifying and addressing its many manifestations (2012 General Survey on the fundamental Conventions, paragraphs 743–745). In addition, recalling that the Labour Law 2014 only appears to prohibit discrimination by employers towards employees, the Committee once again draws the Government’s attention to the fact that the Convention covers a wider range of situations, including the situation of discrimination by an employee towards another employee. Finally, the Committee again emphasizes that, where legal provisions are adopted to give effect to the Convention, they should include at least all the grounds set out in Article 1(1)(a), namely race, colour, sex, religion, political opinion, national extraction and social origin (2012 General Survey, paragraph 853). The Committee once again asks the Government to clarify whether the prohibition of discrimination concerns both employment and occupation and applies equally to employers and employees. It also asks the Government to take steps to amend the Labour Law 2014to clearly define direct and indirect discrimination, and explicitly prohibit discrimination on at least all the grounds set out in the Convention, and to provide information on the progress achieved to this end. In the meantime, the Committee once again asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention.

Discrimination based on sex. Sexual harassment. The Committee previously noted that section 83(4) of the Labour Law 2014 allows a worker to bring an end to the employment contract in the event of harassment or sexual harassment by the employer, or when the employer ignores sexual harassment, and that section 141(4) prohibits employers from violating the personal rights of employees, especially women employees, by means of speech, sight, text, touch or touching inappropriate areas. The Committee however noted that sexual harassment is not explicitly defined and prohibited in the Labour Law 2014, and that it is unclear how the above provisions protect workers from all forms of sexual harassment in employment and establish adequate remedies and sanctions. In reply to the Committee’s request for information on the measures taken by the Government to define, prevent and prohibit sexual harassment at work, the Government replied that rape is prohibited by sections 128 and 129 of the Penal Law 2005. The Committee therefore recalled that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher standard of proof applicable, which is harder to meet, especially if there are no witnesses, and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey, paragraph 792). The Committee notes with regret that the Government has not replied to its previous requests. The Committee also notes, from the concluding observations of 2018 of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the persistent barriers, including stigma, fear of retribution, deep-rooted discriminatory gender stereotypes and limited legal literacy, that deter women and girls from registering their complaints regarding gender-based discrimination and sexual harassment (CEDAW/C/LAO/CO/8-9, 14 November 2018, paragraph 13(a)). The Committee therefore once again asks the Government to take action to: (i) define, prevent and prohibit sexual harassment in employment and occupation, both quid pro quo and hostile working environment harassment; (ii) provide for adequate sanctions and remedies; and (iii) provide information on the progress achieved in this regard. In the meantime, it asks the Government to provide information on the application in practice of sections 83(4) and 141(4) of the Labour Law 2014, including with respect to cases of sexual harassment. With a view to raising awareness of the issue, the Committee once again encourages the Government to formulate and implement practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, such as through practical guidance, training, seminars or other awareness-raising activities, and to provide information on any progress made to this end. Finally, with regard to enforcement, the Committee takes note of the Government’s statement that there have been no reports of sexual harassment cases and refers to its comments in its direct request.

Article 1(1)(b). Additional grounds of discrimination. The Committee previously noted that sections 87(1), 100 and 141(2) of the Labour Law 2014 provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibit discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law 2007. Noting that the Government has once again not provided information on this subject, the Committee is bound to reiterate its request to the Government to indicate the measures taken, 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.

Article 4. Activities prejudicial to the security of the State. The Committee has repeatedly asked the Government to provide information on the application in practice of section 65 of the Penal Law 2005, which establishes a broad prohibition of activities considered to be prejudicial to the security of the State, including “propaganda activities”, and to indicate how it ensures that this provision does not result in practice in discrimination based on political opinion in employment and occupation. The Committee notes the Government’s indication that section 65 has been replaced by section 117 of the new Penal Law 2017, and that its contents remain the same. It also notes the Government’s repeated reference to article 44 of the Constitution on freedom of association and section 11 of the Trade Union Law 2007 on collective agreements. However, it notes with concern that the Government has once again not provided any information on the application in practice of the current legislation. The Committee therefore urges the Government to provide detailed information on the application in practice of section 117 of the Penal Law 2017 and section 11 of the Trade Union Law 2007, and in particular 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.

Comments adopted by the CEACR: Lao People's Democratic Republic

Adopted by the CEACR in 2021

C013 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C171 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)