Lao People's Democratic Republic - Working time - 2011
LAST UPDATE
3 November 2011
SOURCES
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.
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.
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.
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.
LEGAL DEFINITIONS
Working time/working hours
The following types of time lost shall be calculated as part of daily hours worked: (i) time spent on technical preparation at the start and end of work; (ii) hourly breaks not exceeding 15 minutes, in certain sectors in which work is divided into different periods for different tasks or which operate on the basis of shifts; (iii) a 45 minute meal break per shift in respect of shift workers; and (iv) as otherwise specified by the internal regulations of the labour unit.
Labour Law (Amended) 2006 §17
Employee/worker
Employee means a person 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.
Labour Law (Amended) 2006 §2(4)
Employer
Employer means a person or organisation using employees for its activities by paying salary or wages, and providing benefits and other policies to the employees as regulated by laws, regulations and the employment contract.
Labour Law (Amended) 2006 §2(5)
NORMAL HOURS LIMITS
Daily hours limit
General limit
Work should not exceed 8 hours per day, irrespective of the type of salary or wages paid.
Labour Law (Amended) 2006 §16
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
Hours of work must not exceed 6 hours per day in respect of employees whose occupations are in 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; (4) working directly with constantly vibrating machinery.
Labour Law (Amended) 2006 §16
Special categories
» Young workers
Persons of less than 18 years may not be employed for more than 8 hours a day.
Labour Law (Amended) 2006 §41
Weekly hours limit
General limit
Work should not exceed 48 hours per week, irrespective of the type of salary or wages paid.
Labour Law (Amended) 2006 §16
Historical data (year indicates year of data collection)
2009: 48 hours
2007: 48 hours
1995: 48 hours.
Reference period(s)
6 day workweek
Labour Law (Amended) 2006 §16
Exceptions
Hours of work must not exceed 36 hours per week in respect of employees whose occupations are in 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; (4) working directly with constantly vibrating machinery.
Labour Law (Amended) 2006 §16
OVERTIME WORK
Criteria for overtime
General
An employer may request employees to work overtime if necessary, subject to the prior consent of the trade union or worker’s representatives and of the employees.
Labour Law (Amended) 2006 §18
Worker`s influence
When necessary, before the employer gets the employees to work overtime, the employer must, in each case, first consult the trade union or worker’s representatives and notify the employees in the labour unit concerned explaining the necessity of overtime work.
Labour Law (Amended) 2006 §18
Limits on overtime hours
General limits
Overtime shall not exceed 45 hours per month or 3 hours per day.
Labour Law (Amended) 2006 §18
Historical data (year indicates year of data collection)
2009: 45 hours per month
2007: 45 hours
1995: 30 hours a month. Maximum 3 hours overtime at a time.
Restrictions/exceptions
Where overtime is necessary for more than 45 hours in any one month, the employer must first request authorisation from the labour administration agency which is responsible for its labour unit and approval from the trade union or workers’ representatives in its labour unit.
Labour Law (Amended) 2006 §18
Compensation for overtime work
Overtime rate(s)
Overtime shall be compensated at the following percentage rates of the employee’s normal hourly remuneration for each hour of overtime worked: (i) during the day on a regular working day - 150%; (ii) during the night on a regular working day - 200%; (iii) on a day of weekly rest or on an official holiday - 250%; (iv) during the night on a weekly rest day or an official holiday - 300%.
Labour Law (Amended) 2006 §§18, 48
Historical data (year indicates year of data collection)
2009: Overtime work in the daytime on a regular working day: 150% of normal hourly remuneration for each hour worked.
Overtime for night work on a regular working day: 200% of normal hourly remuneration for each hour worked.
Overtime on a day of weekly rest or on an official holiday: 250% of normal hourly remuneration for each hour worked.
Overtime worked during the night of weekly rest or on an official holiday: 300% of normal hourly remuneration for each hour worked.
2007: 50% (weekdays)
100% (weeknights)
150% (weekly rest days and public holidays)
200% (night hours on weekly rest days and public holidays)
1995: 50% premium and 100% at night. 150% and 200% at night on weekly rest days and public holidays.
Exceptions
No exceptions identified.
Compensation procedure
No compensation procedure provisions identified.
Notice of requirement to work overtime
General provisions
No notice requirements identified, beyond the requirement to notify the employees in the labour unit concerned explaining the necessity of overtime work.
Labour Law (Amended) 2006 §18
Special categories
Young workers
Persons of less than 18 years may not be employed in overtime work.
Labour Law (Amended) 2006 §41
Pregnant workers/recent birth
It is prohibited to employ a pregnant woman or a woman with a newborn child under twelve months of age to work overtime.
Labour Law (Amended) 2006 §38
SCHEDULES
General
No relevant provisions identified.
REST PERIODS
Rest breaks
General provisions
Workers must be allowed to rest for at least 5-10 minutes after having worked for 2 hours.
Labour Law (Amended) 2006 §17
Historical data (year indicates year of data collection)
2009: Five to ten minutes for every two-hour work period.
2007: Five to ten minutes for every two-hour work period.
1995: 5-10 minutes after 2 hours of work.
Exceptions
Workers in sectors in which work is divided into different periods for different tasks, or which operate on the basis of shifts, must be given hourly breaks not exceeding 15 minutes.
Further, shift workers are to be given a 45 minute meal break per shift.
Labour Law (Amended) 2006 §17
Special categories
» Shift work
Shift workers are entitled to breaks of not more than 15 minutes every hour and a meal break of 45 minutes.
Labour Law (Amended) 2006 §17
» Pregnant workers/recent birth
During the one-year period after giving birth, the worker has the right to one 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
Daily rest periods
Duration
No relevant provisions identified.
Historical data (year indicates year of data collection)
1995: No general rest period. 11 hours for women.
Weekly rest periods
Duration
» General
Workers have the right to at least one day’s rest within a week.
Labour Law (Amended) 2006 §19
Historical data (year indicates year of data collection)
2009: One full day per week
1995: 1 day.
» Exceptions
No exceptions identified.
Day specified
» General
Sunday, or any other day agreed upon by the employer and worker.
Labour Law (Amended) 2006 §19
Work on weekly rest day
» Criteria
No criteria identified.
» Compensation (for working on a rest day)
Overtime worked on a rest day is to be compensated at the following rates: (i) where worked in the daytime - at 250% of the hourly wages of a regular working day for each hour worked; (ii) where worked at night - at 300% of the hourly wages of a regular working day for each hour worked.
Labour Law (Amended) 2006 §48
Remarks: Overtime is not defined by the Labour Law. As a consequence, it is not clear whether the above rates cover all work performed on weekly rest days. However, no other compensation rates for work performed on such days have been identified.
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
Workers must be have worked for one full year to be entitled to annual leave.
Labour Law (Amended) 2006 §21
Duration
» General
The general annual leave entitlement is to 15 days leave per year.
Labour Law (Amended) 2006 §21
Remarks: Weekly rest days and public holidays shall not be counted in annual leave.
Historical data (year indicates year of data collection)
2009: 15 days
2007: 15 days
1995: 15 days.
» Exceptions
Workers in sectors involving heavy work or work which is hazardous to their health are entitled to 18 days of annual leave with full pay at the normal rate. The relevant sectors are those 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.
Labour Law (Amended) 2006 §§16, 21
Payment
» Amount
While the general provision does not specify that annual leave is to be paid, the entitlement for workers in sectors involving heavy work or work which is hazardous to their health is full pay at the employee’s normal rate.
Labour Law (Amended) 2006 §21
» Date of payment
No provision for date of payment identified.
Schedule and splitting
No provisions regulating the scheduling or splitting of annual leave identified.
Work during annual leave
Work during annual leave is not expressly regulated by the Labour Law.
Special categories
» Pregnant workers/recent birth
Employers are prohibited from employing a pregnant woman or a woman with a newborn child under 12 months of age to work during a holiday.
Labour Law (Amended) 2006 §38
PUBLIC HOLIDAYS
Number and dates
Public holidays shall be determined by the government.
Labour Law (Amended) 2006 §19
Remarks: No relevant determination identified.
Work on Public Holidays
» Criteria
No criteria identified. However, it is prohibited to employ a pregnant woman, or a woman with a newborn child under 12 months of age, to work during a holiday.
Labour Law (Amended) 2006 §38
» Compensation
Overtime worked on a holiday is to be compensated at the following rates: (i) where worked in the daytime - at 250% of the hourly wages of a regular working day for each hour worked; (ii) where worked at night - at 300% of the hourly wages of a regular working day for each hour worked.
Remarks: Overtime is not defined by the Labour Law. As a consequence, it is not clear whether the above rates cover all work performed on holidays. However, no other compensation rates for work performed on holidays have been identified.
EMERGENCY FAMILY LEAVE
When a wife delivers a baby or when she is sick, 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
PART-TIME WORK
General provisions
No relevant provisions identified.
NIGHT WORK
Compensation
A worker working at night between 10 pm and 5 am is paid at a rate at least 15 per cent above the normal wage.
Labour Law (Amended) 2006 §48
Special categories
Young workers
Persons of less than 18 years may not be employed in work at night from 10pm to 5am of the next day.
Labour Law (Amended) 2006 §41
SHIFT WORK
Criteria for shift work
No criteria for requiring shift work identified.
Rest breaks
Shift workers are entitled to breaks of not more than 15 minutes every hour and a meal break of 45 minutes.
Labour Law (Amended) 2006 §17
ON-CALL WORK
Criteria
No provisions relevant to on-call work identified.
FLEXITIME
Criteria
No provisions relevant to on-call work identified.
CASUAL WORK
General provisions
Casual work is not expressly regulated by the Labour Law.
SHORT-TIME WORK/WORK-SHARING
General provisions
No provisions regulating short-time working or work-share arrangements identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
No right to change working times identified.
INFORMATION & CONSULTATION
Information
Employers are required to create and implement internal rules of work, which shall consist of the rights and obligations of employees and employers under the labour unit’s internal regulations and the employment contract and shall be binding on both parties.
The internal regulations of a labour unit must be in conformity with the Labour Law and must first be approved by the labour administration agency before taking effect. The internal regulations shall also be made known to all workers and posted openly so that everybody may be informed.
The internal regulations of a labour unit must be disseminated to all workers and posted openly so that everybody is informed.
Labour Law (Amended) 2006 §15
Consultation
No consultation requirements identified.
Results generated on: 19th April 2024 at 05:17:35.
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