Decree regarding the Social Security Regime for Employees in Enterprises No. 207/PM dated 23 December 1999. Unofficial translation, based upon translation made by Mrs Flipse, adapted by J. Van Langendonck.
Remarks: Article 3 of the Social Security Decree provides that the Decree applies to employees who work in State, private and partnership enterprises in the areas of industry, agriculture, services and other activities. It further provides that the Decree applies to employers to have 10 or more employees (or have previously had 10 or more employees and became insured at that time), and to labour units which have less than 10 employees but are a branch of a large labor unit.
However, §4 provides that the Decree is not enforceable on: (i) civil servants, soldiers and police; (ii) those working with embassies and international organizations in the Lao PDR; (iii) foreign persons who work with companies that have a multinational network located in the Lao PDR for a period not exceeding 12 months; (iv) Lao employees in companies that have affiliates in other countries and who are sent to work abroad for 12 or more months; (v) school students, university students, medical interns or other trainees who do not receive compensation from employers.
Name of Act
Law on Development and Protection of Women No. 70/PO dated 15 November 2004. Published by the National Assembly of the Lao Peoples Democratic Republic at http://www.na.gov.la/docs/eng/laws/soc_cult/Labour%20(2006)%20Eng.pdf and accessed 31 October 2011.
Remarks: This Law does not include an express statement as to its scope. Its implied scope therefore understood to be the whole of Lao People's Democratic Republic.
Name of Act
Labour Act (Amended) 2006, Act No 06/NA dated 27 December 2006. Published by the National Assembly of the Lao Peoples Democratic Republic at http://www.na.gov.la/docs/eng/laws/soc_cult/Labour%20(2006)%20Eng.pdf and accessed 31 October 2011.
Remarks: Article 6 of the Labour Law (Amended) 2006 provides that the Labour Law applies to all employees and employers who carry out activities in labour units, which are defined as the production, business or service units of the economic and social sectors. It also applies to persons working under written contracts for employment of three months or more. However, the Labour Law does not apply to civil servants, military and police personnel employed in Party or State organisations, the Lao Front for National Construction or mass organisations.
MATERNITY LEAVE
Scope
The right to maternity leave applies to all employees who carry out activities in labour units amd to persons working under written contracts for employment of 3 months or more. However, the right to maternity leave does not apply to civil servants, military and police personnel employed in Party or State organisations, the Lao Front for National Construction or mass organisations.
Labour Law (Amended) 2006 §6
Remarks: Labour units are defined as the production, business or service units of the economic and social sectors. Employees are persons working under the supervision of an employer while receiving compensation for work through salary or wages, benefits or other policies as regulated by laws, regulations and the employment contract. Employers are persons or organisations using employees for their activities by paying salary or wages, and providing benefits and other policies to the employees as regulated by laws, regulations and the employment contract (§2 Labour Law).
Qualifying conditions
No qualifying conditions identified.
Duration
Compulsory leave
At least 42 days of the 90 day maternity leave entitlement must be taken after giving birth.
Labour Law (Amended) 2006 §39
General total duration
Before and after giving birth, women workers shall be entitled to at least 90 days of maternity leave.
Labour Law (Amended) 2006 §39
Historical data (year indicates year of data collection)
2004: Three months
1998: Ninety days
1994: Ninety days
Extension
No provision for an extension of maternity leave identified, except in the event of certified illness resulting from the birth. In this case, a woman can take additional leave of up to 30 days.
Labour Law (Amended) 2006 §39
Leave in case of illness or complications
No provision for leave in the case of illness or complications during pregnancy identified, beyond the generally-applicable right to sick leave on full pay for up to 30 days per year.
In the event that a woman worker is ill as a result of giving birth, and her illness is certified by a doctor, such worker shall be authorised to take additional leave of at least 30 days with payment of 50% of her salary or wages. In the event that the woman worker suffers a miscarriage, she is entitled to take leave for a certain period as determined by a doctor.
Labour Law (Amended) 2006 §§20, 39
RELATED TYPES OF LEAVE
Parental leave
No relevant leave entitlements identified.
Paternity leave
When a mans wife delivers a baby, the husband has the right to take leave according to regulations to take care of his wife and children.
Law on the Development and Protection of Women 2004 §22
Remarks: No relevant regulations have been identified.
Scope
The right to paternity leave under the Law on the Development and Protection of Women applies to all men whose wife delivers a baby.
Law on the Development and Protection of Women 2004 §22
Qualifying conditions
The man must be married to the woman who delivers a baby.
Law on the Development and Protection of Women 2004 §22
Remarks: Further qualifying conditions may be imposed by the relevant regulations, but such regulations have not been identified.
Length
The length of the leave entitlement is not specified by the Law on the Development and Protection of Women and the relevant regulations have not been identified.
Law on the Development and Protection of Women 2004 §22
Adoption leave
No relevant leave entitlements identified.
RIGHT TO PART-TIME WORK
General provisions
No provisions establishing the right to part-time work identified.
CASH BENEFITS
Maternity leave benefits
Scope
The scope of the entitlement to maternity leave cash benefit under the Labour Law mirrors the scope of the entitlement to maternity leave.
The scope of the entitlement to childbirth benefits under the Social Security Decree is limited to insured persons.
Labour Law (Amended) 2006 §§6, 39 Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§3, 4
Remarks: An insured person may be any employee who works in a State, private or partnership enterprise, in industry, agriculture, services or other activity, which has 10 or more employees (or have previously had 10 or more employees and became insured at that time). However, the following categories of employees will not be an insured person: (i) civil servants, soldiers and the police; (ii) those working with embassies and international organizations in the Lao PDR; (iii) foreign persons who work with companies that have a multinational network located in the Lao PDR for a period not exceeding 12 months; (iv) Lao employees in companies that have affiliates in other countries and who are sent to work abroad for 12 or more months; (v) school students, university students, medical interns or other trainees who do not receive compensation from employers.
Qualifying conditions
No qualifying conditions attach to the receipt of maternity leave cash benefits by the worker.
Labour Law (Amended) 2006 §39
Remarks: However, liability for the cash benefits will be determined by whether sufficient contributions have been made into the social security fund. That is, if sufficient contributions have been made, the maternity leave benefits are to be paid by the social security fund. If not, the benefits are to be paid by the employer.
Duration
The maternity leave cash benefits mirror the duration of the maternity leave entitlement, i.e. at least 90 days.
Labour Law (Amended) 2006 §39
Amount
Under the Labour Law, a woman is entitled to her normal salary or wages for at least 90 days of maternity leave and, where her period of absence is extended due to a certified illness resulting from giving birth, she is entitled to payment of 50% of her salary or wages for at least 30 additional days.
Under the Social Security Decree, a woman is entitled to childbirth benefits equal to 70% of the insured earnings for a maximum period of 3 months. If, after 3 months, the woman cannot return to work due to a medical reason, that person shall be entitled to payment of 50% of her salary or wages for at least 30 additional days by her employer and, thereafter, to an amount equivalent to 60% of the insured earnings.
Labour Law (Amended) 2006 §39 Decree regarding the Social Security Regime for Employees in Enterprises 1999 §38
Historical data (year indicates year of data collection)
2009: During maternity leave a women is entitled to their normal pay. Women workers shall, on giving birth to a child, be entitled to a one time benefit equivalent to at least 60 percent of the minimum wage established by the government, if contributions have been fully paid. Where she gives birth to two or more children at the same time, the one time benefit shall be increased by 50 percent (also in the event of a miscarriage).
Under the Social Security regime, an insured person shall receive childbirth benefits equal to 70 percent of the insured earnings.
2004: Seventy percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
If a worker is insured by social security (the Short Term Benefit Fund) and contributions have been fully paid, the cash benefits are paid by social security. If not, they are paid by the employer.
Revenue sources of the Social Security Fund derive from: (i) contributions from employers and employees; (ii) contributions from those who are voluntarily insured; (iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws; (iv) revenue from investments.
Labour Law (Amended) 2006 §40 Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16
Historical data (year indicates year of data collection)
2009: If a worker is insured by social security (the Short Term Benefit Fund) and contributions have been fully paid, the cash benefits are paid by social security, if not, they are paid by the employer.
Revenue sources of the Social Security Fund derive from: contributions from employers and employees; contributions from those who are voluntarily insured; interest or penalties from delayed payment of contributions or in case of violations of regulations or laws; revenue from investments.
2004: Social security
1998: Social security
1994: Employer (or social security)
Alternative provisions
Under the Labour Law, a woman worker shall, upon giving birth or having a miscarriage, be entitled to an allowance of at least 60% of the minimum wages, plus an additional 50% in the event that she gives birth to 2 or more children at the same time. This allowance is to be paid by the employer or by the social security fund, if the necessary contributions have been fully paid.
Where an insured person has made contributions to the Social Security Fund for 12 months in the last 18 months, the insured person, or (in the case of a male worker) his wife, shall be entitled to receive a childbirth grant for each child to whom she gives birth or adopts (while the child is still under 1 year old). This grant shall be equal to 60% of the minimum wage.
Labour Law (Amended) 2006 §40 Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§46, 47
Parental leave benefits
Scope
No cash benefits relating to parental leave identified.
Paternity leave benefits
Scope
The right to paternity leave cash benefits under the Social Security Decree applies to insured persons.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§3, 4, 43, 44
Remarks: An insured person may be any employee who works in a State, private or partnership enterprise, in industry, agriculture, services or other activity, which has 10 or more employees (or have previously had 10 or more employees and became insured at that time). However, the following categories of employees will not be an insured person: (i) civil servants, soldiers and the police; (ii) those working with embassies and international organizations in the Lao PDR; (iii) foreign persons who work with companies that have a multinational network located in the Lao PDR for a period not exceeding 12 months; (iv) Lao employees in companies that have affiliates in other countries and who are sent to work abroad for 12 or more months; (v) school students, university students, medical interns or other trainees who do not receive compensation from employers.
Qualifying conditions
An insured male shall be entitled to receive childbirth benefits provided that he: (i) has made contributions for 9 months into the Social Security Fund within the last 12 months; and (ii) stops work due to childbirth or adoption.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§43, 44
Duration
The benefits may be received for up to 3 months.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45
Amount
The childbirth benefits equal 70% of the insured earnings.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45
Financing of benefits
Revenue sources of the Social Security Fund derive from: (i) contributions from employers and employees; (ii) contributions from those who are voluntarily insured; (iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws; (iv) revenue from investments.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16
Adoption leave benefits
Scope
The right to adoption leave cash benefits under the Social Security Decree applies to insured persons.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§3, 4, 43, 44
Remarks: An insured person may be any employee who works in a State, private or partnership enterprise, in industry, agriculture, services or other activity, which has 10 or more employees (or have previously had 10 or more employees and became insured at that time). However, the following categories of employees will not be an insured person: (i) civil servants, soldiers and the police; (ii) those working with embassies and international organizations in the Lao PDR; (iii) foreign persons who work with companies that have a multinational network located in the Lao PDR for a period not exceeding 12 months; (iv) Lao employees in companies that have affiliates in other countries and who are sent to work abroad for 12 or more months; (v) school students, university students, medical interns or other trainees who do not receive compensation from employers.
Qualifying conditions
An insured person, whether male or female, shall be entitled to receive childbirth benefits provided that person: (i) has made contributions for 9 months into the Social Security Fund within the last 12 months; and (ii) stops work due to adoption.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§43, 44
Duration
The benefits may be received for up to 3 months.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45
Amount
The childbirth benefits equal 70% of the insured earnings.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45
Financing of benefits
Revenue sources of the Social Security Fund derive from: (i) contributions from employers and employees; (ii) contributions from those who are voluntarily insured; (iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws; (iv) revenue from investments.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
Women have the rights of treatment, medical examination, and vaccination according to regulations, especially girls, young women and women of reproductive age, including women in remote areas. When a woman delivers a baby, there should be medical staff or birth assistants, as is practical in the circumstances.
An insured person, and the insured persons spouse and children, are entitled to receive health care benefits, provided that the insured person has paid a minimum of 3 months contributions into the Social Security Fund within the last 12 months. The health care benefits include prenatal and postnatal services.
Law on the Development and Protection of Women 2004 §22 Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§22, 23, 25
Financing of benefits
Revenue sources of the Social Security Fund derive from: (i) contributions from employers and employees; (ii) contributions from those who are voluntarily insured; (iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws; (iv) revenue from investments.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
During the one-year period after giving birth, the worker has the right to 1 hour per day of rest in order to feed or take care of her child, if she brings her child to a nursery, and to take her child to immunisation in accordance with regulations.
Labour Law (Amended) 2006 §39
Remuneration of nursing breaks
The Labour Law does not specify whether nursing breaks are to be remunerated.
Transfer to another post
An employer shall assign a woman who usually performs work that involves heavy lifting or carrying or long periods of standing, or performs work in the sectors specified in §16 of the Labour Law, to other temporary duties during the period she is caring for her newborn child.
While performing these temporary duties, the woman concerned shall continue to receive her normal salary or wage for a maximum period of three months, after which she shall be paid the salary or wage corresponding to her new assignment.
Labour Law (Amended) 2006 §38
Remarks: The sectors specified in §16 of the Labour Law are sectors that involve: (1) direct exposure to radiation or contagious diseases, gas, smoke or dangerous chemicals, including explosives; (2) working in pits, underground tunnels, underwater or at heights; (3) working in abnormally hot or cold environments; and (4) working directly with constantly vibrating machinery.
Nursing facilities
No statutory provision for nursing facilities identified.
HEALTH PROTECTION
Arrangement of working time
Night work
No relevant provisions identified.
Overtime
An employer shall not employ pregnant women or women with a child under 12 months of age to work overtime.
Labour Law (Amended) 2006 §38
Work on rest days
An employer shall not employ pregnant women or women with a child under 12 months of age to work on a holiday.
Labour Law (Amended) 2006 §38
Time off for medical examinations
No relevant provision identified.
Leave in case of sickness of the child
No relevant provisions identified.
Dangerous or unhealthy work
General
The employer shall be responsible for ensuring that the workplace, machines, materials and the various stages of production, including the use of chemicals under its supervision, are safe and not dangerous to the workers health.
Further, the employer shall ensure that workers acquire sufficient knowledge of the rules governing their own safety and health protection and should organize training courses in this respect.
Labour Law (Amended) 2006 §42
Risk assessment
» Assessment of workplace risks
No risk assessment provisions specific to pregnant or breastfeeding mothers identified. However, all employers shall be responsible for drawing up work rules concerning labour and health protection, including the implementation of such measures as may be required to ensure protection in the use of machinery, and the installation of various safety equipment, in consultation with trade unions or workers representatives in its labour unit.
Labour Law (Amended) 2006 §42
» Adaptation of conditions of work
Beyond the obligation on employers to establish internal regulations concerning labour and health protection, which must include protective measures and the installation of safety equipment, no relevant provisions identified.
Labour Law (Amended) 2006 §42
» Transfer to another post
An employer shall assign a woman who usually performs work that involves heavy lifting or carrying or long periods of standing, or performs work in the sectors specified in §16 of the Labour Law, to other temporary duties during her pregnancy and the period she is caring for her newborn child.
While performing these temporary duties, the woman concerned shall continue to receive her normal salary or wage for a maximum period of three months, after which she shall be paid the salary or wage corresponding to her new assignment.
Labour Law (Amended) 2006 §38
Remarks: The sectors specified in §16 of the Labour Law are sectors that involve: (1) direct exposure to radiation or contagious diseases, gas, smoke or dangerous chemicals, including explosives; (2) working in pits, underground tunnels, underwater or at heights; (3) working in abnormally hot or cold environments; and (4) working directly with constantly vibrating machinery.
» Paid/unpaid leave
All workers are entitled to take up to 30 days per year of paid sick leave upon production of a medical certificate. If the requisite medical certificate can be obtained, a pregnant or breastfeeding mother who is subject to a health or safety risk could arguably use this leave entitlement to avoid such a risk. However, no provisions specifically relevant to these circumstances (i.e. risk of harm rather than a realised injury or illness) have been identified.
Labour Law (Amended) 2006 §20
» Right to return
No provision for the right to return to initial position identified.
Particular risks
» Arduous work (manual lifting, carrying, pushing or pulling of loads)
It is prohibited to employ a woman during pregnancy or during the period she is caring for her newborn child in duties that entail lifting or carrying heavy loads.
Labour Law (Amended) 2006 §38
Remarks: In such circumstances, the employer shall assign the woman to other temporary duties.
» Work involving exposure to biological, chemical or physical agents
It is prohibited to employ a woman during pregnancy or during the period she is caring for her newborn child in a sector involving direct exposure to radiation, dangerous communicable diseases, vapour or smoke which is dangerous to health or dangerous chemicals (such as explosives).
There is also a general prohibition on employers using narcotics or substances dangerous to the health of workers in the labour unit.
Labour Law (Amended) 2006 §§16, 38, 42
Remarks: In the event that a woman is employed in a sector involving direct exposure to radiation, dangerous communicable diseases, vapour or smoke which is dangerous to health or dangerous chemicals (such as explosives) during pregnancy or during the period she is caring for her newborn child, the employer shall assign the woman to other temporary duties.
» Working requiring special equilibrium
It is prohibited to employ a woman during pregnancy or during the period she is caring for her newborn child in a sector involving working in the air.
Labour Law (Amended) 2006 §§16, 38
Remarks: In such circumstances, the employer shall assign the woman to other temporary duties.
» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)
An employer shall not employ a woman during her pregnancy or during the six months following her confinement to perform any work which entails standing continuously for long periods.
Labour Law (Amended) 2006 §39
Remarks: In such circumstances, the employer shall assign the woman to other temporary duties.
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
The Labour Law states that work shall ensure that the employer and employees receive mutual benefit without discrimination as to race, nationality, gender, age, religion, beliefs or socio-economic status.
The Law on the Development and Protection of Women states that women have the right to choose their professions, to be employed, to be remunerated and to receive other benefits from their work. It also stipulates that women who have the same position, task, work, and responsibility as men shall have the right to remuneration and benefits on an equal basis with men.
Labour Law (Amended) 2006 §2 Law on the Development and Protection of Women 2004 §15
Prohibition of pregnancy testing
No relevant provision identified.
Protection from discriminatory dismissal
An employer shall not have the right to terminate the employment contract of a female employee who is pregnant or has given birth less than one year ago, or to otherwise force such an employee to stop work.
Labour Law (Amended) 2006 §30
Remarks: An equivalent prohibition exists in relation to dismissing employees who are sick or undergoing, or recovering from, medical treatment upon certification of a doctor.
Burden of proof
No relevant provisions identified.
Guaranteed right to return to work
No relevant provisions identified, beyond the prohibition on terminating the employment contract of a female employee who is pregnant or has given birth less than one year ago, or otherwise forcing such employees to stop work.
Labour Law (Amended) 2006 §30
Results generated on: 29th March 2024 at 08:33:47.
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