Lao PDR

Relevant Legislation
Lao PDR Labour Law 2006 (Amended)19

Article 65 of the Lao PDR Labour Law prohibits workers, employers or their representatives from calling a strike in the following scenarios:

• In the event of a labour dispute relating to the implementation of laws and regulations and relating to benefits;
• When both parties have agreed to meet for consideration and resolution of the disputes;
• During the process of the resolution of unresolved matters relating to workers and employers by the labour dispute resolution committee;
• During the settlement of the labour dispute by the people’s court.

The article further states:

Any person or organisation which is directly or indirectly involved and has [directly or indirectly] incited workers, employers or their representatives to stop work either verbally or through material or financial support that causes damage to the workers or employers or social order, shall be punished in accordance with the laws.

In its 2008 annual survey of trade union rights the International Trade Union Confederation states:

The 2006 Labour Law strictly prohibits workers or their representatives from calling a work stoppage in a wide variety of situations. Neither workers and their representatives, nor employers, can call for a work stoppage in cases of disputes regarding implementation of the labour law or regulations, or a dispute over workers’ benefits under the law. Work stoppages are also forbidden if the matter is the subject of negotiations in which both sides have agreed to participate, or while the dispute is under consideration by the labour authorities, or in the labour disputes settlement procedure of the People’s Court. Persons or organisations involved either “directly or indirectly” in a stoppage, or who “verbally or materially incites workers” to conduct a stoppage “thus causing damage ... or social disorder” are punishable under law. The right to strike is further restricted by dissuasive penalties. The penal code provides for between one and five years’ imprisonment for those who join an organisation that encourages protests, demonstrations and other actions that might cause “turmoil or social instability”.

Endnotes
19 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).