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Lao People's Democratic Republic - Maternity protection - 2011


LAST UPDATE

2 November 2011

SOURCES


Name of Act

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.
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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 People’s Democratic Republic at http://www.na.gov.la/docs/eng/laws/soc_cult/Labour%20(2006)%20Eng.pdf and accessed 31 October 2011.
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Name of Act

Labour Act (Amended) 2006, Act No 06/NA dated 27 December 2006. Published by the National Assembly of the Lao People’s Democratic Republic at http://www.na.gov.la/docs/eng/laws/soc_cult/Labour%20(2006)%20Eng.pdf and accessed 31 October 2011.
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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
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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 man’s 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
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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
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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
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Qualifying conditions

No qualifying conditions attach to the receipt of maternity leave cash benefits by the worker.
Labour Law (Amended) 2006 §39
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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
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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
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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 person’s 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
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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
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» 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
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» 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
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» 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
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» 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
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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
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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: 17th April 2014 at 20:37:05.
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