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

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

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.

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

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.