Laos

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Lao PDR’s overall score is 73.5 out of 100. The overall score for Lao PDR is greater than the regional average observed across South East Asia (65). Within the South East Asian region, the highest score is observed for Viet Nam (77.5).

Lao PDR has not ratified either Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) or the Convention No. 98 on the Right to Organise and Collective Bargaining (1949).

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§20(1) of the Lao PDR Law on Trade Unions 2007; ITUC Global Rights Index 2024 (LAOS Profile); USDOS CRHRP 2023 (LAOS)

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§169 of Lao PDR Labour Law 2013

Does the law provide for the right to strike?

Yes

1

§154 of Lao PDR Labour Law 2013; USDOS CRHRP 2023 (LAOS); ITUC Global Rights Index 2024 (LAOS Profile)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§87 of Lao PDR Labour Law 2013; USDOS CRHRP 2022 (LAOS)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §20(1) of the Lao PDR Law on Trade Unions 2007; ITUC Global Rights Index 2024 (LAOS Profile); USDOS CRHRP 2023 (LAOS)

A : National Law

National Labour Legislation

"Article 20. Criteria to be the Member of Trade Unions The applicant intending to be the member of trade union must have the following criteria: 1. Being the staff, worker, employee, and intelligentsia irrespective of their gender, beliefs, political [and] social-economical status, educational level, ethnic group [;] holding Lao Nationality, [and] being over 18 years old;"

C : ITUC

ITUC Global Rights Index (country legal profile)

"Trade unions must be affiliated to the officially recognised trade union centre, the Lao Federation of Trade Unions (LFTU), which operates under the direct control of the Lao People's Revolutionary Party. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law permitted workers to form and join unions, but only within the framework of government control. The government recognized only the Lao Federation of Trade Unions (LFTU), an organ of the LPRP. There were no independent unions, and no legal means to establish them. "

Information

Source: §169 of Lao PDR Labour Law 2013

Information

Source: §154 of Lao PDR Labour Law 2013; USDOS CRHRP 2023 (LAOS); ITUC Global Rights Index 2024 (LAOS Profile)

C : ITUC

ITUC Global Rights Index (country legal profile)

"Strikes are prohibited. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

" The law did not provide for the right to strike and forbade striking during mediation of labor disputes. The law did not address the legality of a strike if mediation or other legal mechanisms were unsuccessful."

Information

Source: §87 of Lao PDR Labour Law 2013; USDOS CRHRP 2022 (LAOS)

A : National Law

National Labour Legislation

"Article 87 (New) Unauthorized Termination of Employment Contracts Cases wherein an employment contract may not be terminated are as follows: 1. Women who are pregnant or have a child aged less than one year; 2. Employees who are undergoing medical treatment or rehabilitation and possess a medical certificate; 3. Employees who are employee representatives or heads of trade unions within the labor unit; 4. Employees involved in legal proceedings or who have been detained or are awaiting a court decision; 5. Employees who are injured and undergoing treatment and possess a medical certificate or have recently experienced a disaster; 6. Employees on annual leave or on leave with the permission of the employer; 7. Employees who are performing work in other locations after being assigned by the employer; 8. Employees in the process of making a claim against, or taking legal action against the employer, or who are cooperating with government officials in relation to the Labor Law, and in relation to labor disputes within the labor unit of the employee. If the employer intends to cancel the employment contract in any of the above cases, it must receive authorization from the Labor Administration Agency. Time bound contract can be terminated when the contract comes to an end."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law does not provide for the right of workers to form and join worker organizations independent of the Lao Federation of Trade Unions (LFTU), an organ of the LPRP. The law defines collective bargaining but does not set out conditions, and it requires the examination of all collective bargaining agreements by the Labor Administration Agency. The law provides for the right to strike, subject to certain limitations. The law does not permit police, civil servants, foreigners, and members of the armed forces to form or join unions. There is a general prohibition against discrimination against employees for reasons unrelated to performance, although there is no explicit prohibition against antiunion discrimination. There is no explicit requirement for reinstatement of workers fired for union activity. (...) By law workers who join an organization that encourages protests, demonstrations, and other actions that might cause “turmoil or social instability” may face prison time."