Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Lao People's Democratic Republic (Ratification: 2005)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, pursuant to article 102 of the Labour Law Amendment Act of 2013, the list of hazardous work prohibited to children under 18 years of age is specified separately. The Committee also notes with satisfaction that the Ministerial Decree on the List of Hazardous Work for Young Persons was adopted in 2016. Section 3 contains a comprehensive list of types of hazardous work prohibited to young persons under 18 years of age, such as work handling with chemical and poisonous substances, work which carries the risk of infection with communicable diseases, work with sharp tools, work in the tobacco industry, and so on. The Committee also notes that, according to section 6, individuals or legal entities who violate this decree shall be responsible in both civil and criminal procedures depending on the severity of the violation. The Committee requests the Government to provide information on the implementation of the Ministerial Decree on the list of types of hazardous work for young persons, including the number and nature of violations regarding young persons engaged in hazardous work, as well as the penalties imposed.

Article 7. Light work. The Committee previously noted that according to article 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 years may be employed in light work, defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and a list of types of light work shall be defined in a separate regulation.

The Committee notes with satisfaction that the Ministerial Decree on the List of Light Work for Young Persons has been adopted in 2016. Pursuant to sections 1 and 2, children aged 12–14 years are permitted to perform light work which will not jeopardize their physical, moral or mental development and education. Section 3 contains a comprehensive list of types of light work permitted in services, industry and handicraft, as well as in agriculture. Section 4 further provides that a child is not allowed to work more than two hours per day on school days or six hours per day during vacations. Moreover, a child shall not perform overtime work, work between 6 p.m. and 6 a.m., and other types of work as specified in section 5.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hope that the Government will make every effort to take the necessary action in the near future.