Relevant Legislation
Lao PDR Labour Law 2006 (Amended)7
Definition/Purpose
Article 61 defines labour disputes as those arising where an employer and their employees cannot reach consensus on an issue relating to labour. Article 61 further states that labour disputes are to be divided into two categories:
1.‘Disputes concerning the implementation of the Labour Law, internal regulations of the labour unit, labour regulations, employment contracts, and other legislation relating to labour’;
2.‘Disputes relating to benefits, which refers to disputes relating to claims by employees for new rights and benefits which they request their employer to provide’.
Resolution of Disputes
Under Article 62:
If a worker, trade union or workers’ representative makes a claim against the employer who has acted in violation of the Labour Law, internal regulations of the labour unit, labour regulations, [or] the employment contract, the employer or its authorised representative must consider and resolve the problem in reasonable time. During the consideration of the claim, the worker may propose that the trade union or workers’ representatives also participate. Where the parties reach an agreement in relation to the claim in whole or in part, a memorandum of the agreement must be prepared and signed by the parties and a witness to certify their acknowledgment. Such memorandum must be sent to the labour administration agency and the trade union or workers’ representatives within five days from the date the memorandum is signed.
In the event that the employer fails to resolve the problem, the worker may request that the labour administration agency resolves the dispute [Article 63]. Moreover, ‘where the labour administration agency cannot resolve or can resolve only part [of the dispute] within fifteen days, the party that is not satisfied with the resolution has the right to file a claim with the people’s court for adjudication’ [Article 63]
Endnotes
7 Lao PDR Labour Law (amended) 2006, available at http://www.na.gov.la/docs/eng/ laws/soc_cult/Labour%20(2006)%20Eng.pdf (accessed 30/05/11).
