Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Night Work Convention, 1990 (No. 171) - Lao People's Democratic Republic (Ratification: 2014)

Implementing legislation. The Committee notes that the Government indicates in its first report that the legislation implementing the Convention consists in the Labour Law and the Regulations on the protection of night workers. The Committee notes the protection related to night work contained in the Labour Law, notably in sections 61 (temporary transfer in case of health issue), 97 (maternity protection), 115 and 116 (financial compensation) and 126 (medical examination). It also notes that the regulations mentioned by the Government were not provided with the report and that it is not clear from the report whether they are still at the drafting stage or whether they have been adopted. In order to allow a complete review of the relevant legislation, the Committee requests the Government to clarify whether the Regulations on the protection of night workers have been adopted and, if so, to provide a copy of the relevant text.

Article 1 of the Convention. The Committee notes that, while section 61 of the Labour Law provides for a definition of “night work”, it does not define “night worker”. Noting that the regulations mentioned by the Government would address the protection of “night workers”, the Committee recalls 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 that this limit shall be fixed by the competent authority after consulting the most representative organizations of employers and workers or by collective agreements (Article 1(b)). The Committee therefore 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. The Committee notes that section 6 of the Labour Law provides for the exclusion of certain categories of workers such as government officials, soldiers and police. Moreover, it understands that, under section 6, the working conditions of domestic workers are regulated by their working contract. The Committee recalls that the Convention applies to all employed persons except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation (Article 2(1)). The Committee therefore requests the Government to indicate how the Convention is applied to the categories of workers excluded from the Labour Law and to domestic workers.

Article 4. Health assessment. The Committee notes that section 126 of the Labour Law provides that employees who work at night must undergo medical examinations at least twice per year. The Committee recalls that Article 4 requires that medical examination shall be available upon request of night workers before entering employment, at regular intervals during the assignment and if they experience health problems during the assignment which are associated with night work. It also requires that, with the exception of a finding of unfitness for night work, 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 requests the Government to indicate how full effect is given to this Article of the Convention.