Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Legislation. Scope of application. The Committee previously noted that the new Labour Law (2014) excludes from its application, among others, civil servants. It also noted that it was unclear whether section 6 of the Labour Law (2014) excluded domestic workers by providing that they must “comply with the working contract”. Recalling that the principle of the Convention applies to all workers, the Committee asked the Government to indicate how civil servants and domestic workers were protected against discrimination in employment and occupation. The Committee notes the Government’s indication in its report that the Law on Government Officials No. 74/NA, of 2015, prohibits discrimination against government officials. The Government also indicates that it protects domestic workers’ interests by promoting the conclusion of labour contracts. The Committee recalls that, no provision in the Convention limits its scope as regards individuals or branches of activity, and consequently all workers, including domestic workers, should enjoy equality of opportunity and treatment on the grounds of the Convention in all aspects of employment and that legal and practical measures are needed to ensure their effective protection against discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 795). The Committee therefore asks the Government to provide more specific information on how it is ensured that domestic workers are protected against discrimination on the grounds set out in the Convention. It further asks the Government to provide a copy of the Law on Government Officials No. 74/NA of 2015, in one of the official languages of the ILO, and to identify the provisions that protect civil servants against discrimination in employment and occupation on the grounds set out in the Convention.

Article 1(1)(a) of the Convention. Prohibition of discrimination. In its previous comments, the Committee noted that the new Labour Law (2014) defines discrimination in the workplace as “all action by the employer that hinders, is biased or limits opportunities for promotion and confidence on the part of the employee” (section 3(28)), and prohibits “direct or indirect discrimination by employers against employees in the labour unit” (section 141(9)). 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 beliefs, 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 and social origin. The Committee therefore asked the Government to indicate the full list of grounds in respect of which discrimination is prohibited and the areas of employment and occupation that are covered under sections 3(28) and 141(9) of the new Labour Law (2014). It also asked the Government to provide information on how workers are protected in practice against direct and indirect discrimination and on the steps taken to promote workers’ and employers’ knowledge of the prohibited grounds of discrimination. The Committee notes that the Government’s report is silent on this issue, and therefore once again recalls the importance of clear and comprehensive definitions of what constitutes direct and indirect discrimination in identifying and addressing its many manifestations (see 2012 General Survey, paragraphs 743–745). It also notes that the Labour Law (2014) seems to prohibit discrimination by an employer towards its employees only, and recalls that the Convention covers a wider range of situations, including the situation of discrimination by an employee towards another employee. Finally, the Committee 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 or social origin. The Committee therefore once again asks the Government to identify the full list of grounds of discrimination that are prohibited under sections 3(28) and 141(9) of the Labour Law (2014) and to clarify whether the prohibition of discrimination concerns both employment and occupation and applies equally to employers and employees. Please provide information on any administrative or judicial decisions applying and interpreting these provisions. 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. It also reiterates its request that the Government provide information on any steps taken or envisaged to develop additional guidance for workers and employers, as well as law enforcement authorities, on the definition of direct and indirect discrimination and the prohibited grounds of discrimination in the Labour Law (2014).

Discrimination based on sex. Sexual harassment. Previously, the Committee 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 on the part of the employer, or when the employer ignores that sexual harassment, and that section 141(4) prohibits employers from violating the personal rights of employees, especially female employees, through speech, sight, text, touch or touching inappropriate areas. However, the Committee 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 provide for adequate remedies and sanctions. Recalling the importance of taking effective measures to prevent and prohibit both quid pro quo and hostile work environment sexual harassment, the Committee asked the Government to provide information on the measures taken to define, prevent and prohibit sexual harassment at work, and on the practical application of section 83(4) and 141(4) of the Labour Law (2014). The Committee notes the Government’s indication that sections 128 and 129 of the Penal Law (2005) prohibit rape and that, with the cooperation of tripartite constituents, no cases of sexual abuse in employment were detected. As the Committee emphasized in paragraph 792 of its 2012 General Survey, 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. The Committee also considers that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment, since it in fact punishes them and could dissuade victims from seeking redress. The Committee therefore asks the Government to provide information on the practical application of sections 83(4) and 141(4) of the Labour Law (2014), including with respect to cases of sexual harassment. The Committee also asks the Government to take action to define, prevent and prohibit sexual harassment in employment and occupation, both quid pro quo and hostile environment harassment, to provide for adequate sanctions and remedies, and to submit information in this regard. With a view to raising awareness on the issue, the Committee further 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 guidebooks, training, seminars or other awareness-raising activities and to provide information on any progress made in this regard.

Article 1(1)(b). Other grounds. 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 prohibits discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law (2007). It therefore asked the Government to identify the measures taken to ensure the same level of protection against discrimination in employment and occupation, in particular on the ground of socio-economic status. Noting the lack of information provided, the Committee reiterates its request that the Government identify the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the additional grounds previously contained in the Labour Law (2007), with respect to all aspects of employment.

Article 4. Activities prejudicial to the security of the State. For a number of years the Committee has been asking the Government to provide information on the application in practice of section 65 of the Penal Law (2005) which sets out a broad prohibition on activities considered to be prejudicial to the security of the State, including conducting “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 reference to section 44 of the Constitution, on freedom of association, and section 11 of the Trade Union Law (2007), on collective agreements. However, it notes with regret that the Government does not provide any information with regard to the practical application of section 65 of the Penal Law (2005). The Committee therefore once again asks the Government to provide detailed information on the practical application of section 65 of the Penal Law (2005), and in particular to indicate the steps taken to ensure that the provision does not in practice result in discrimination based on political opinion in employment and occupation, for example, by providing 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.