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

Other comments on C138

Observation

Direct Request

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Article 2(1) of the Convention. Scope of application and the labour inspectorate. The Committee previously noted that, following the enactment of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees as provided for by section 6. The Government however indicated that labour inspections could not be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requested the Government to take the necessary steps to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy.

The Committee notes the Government’s indication that a total of 77 labour inspectors have been deployed across the country, enabling the inspection of ten labour units per year for each labour inspector, in the formal and informal sectors. In this respect, the Committee recalls that, according to the 2012 General Survey on the fundamental Conventions (paragraph 345), the limited number of labour inspectors makes it difficult for them to cover the whole of the informal economy. The Committee therefore requests the Government to strengthen its efforts without delay to reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal sectors. It requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the age of completion of compulsory schooling was 12 years of age, two years below the minimum age for admission to work of 14 years. It therefore encouraged the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work.

The Committee notes the absence of information from the Government in this regard. It notes that, according to the 2016 Systems Approach for Better Education Results (SABER) Country Report of the Lao People’s Democratic Republic (PDR), issued by the World Bank Group, general education begins at age 6 with entry to primary school, up to the age of 10 years, followed by lower secondary school from 11 to 14 years of age. The Committee notes with interest that, according to the concluding observations of the UN Committee on the Rights of the Child (CRC) of November 2018, the revised Law on Education of 2015 makes primary and secondary education compulsory, thus raising the age of compulsory education to at least 14 years (CRC/C/LAO/CO/3-6, paragraph 38). The Committee encourages the Government to continue its efforts to ensure that all children aged between 6 and 14 years attend and complete compulsory school, and to provide information on the results achieved in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 4 of the Ministerial Decree on the List of Hazardous Work for Young Persons of 2016 permits young persons aged between 14 and 18 years to engage in the types of hazardous work listed under section 3, on the condition that such persons receive sufficient training, technical guidance, instructions and safety tools; and that their work is assessed and authorized by the relevant labour management agencies. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, the Committee requested the Government to revise section 4 of the Ministerial Decree by raising the lower minimum age from 14 to 16 years.

The Committee notes the Government’s indication that Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons was adopted on 23 November 2018. The Committee requests the Government to indicate whether Ministerial Decree No. 4182/MLSW provides that children from 14 to 16 years of age are exempted from the prohibition on the employment of young persons in hazardous work. If so, it requests the Government to take the necessary measures to bring this Decree into conformity with Article 3(3) of the Convention, by ensuring that children under 16 years of age may not under any circumstances be authorized to perform hazardous work.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. Pursuant to section 11(4) of the Decree, technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. The Committee requested the Government to indicate if there is a minimum age for the engagement of young persons in “participatory training” in enterprises.

The Committee notes with regret that the Government has not provided any information in its report on the minimum age for engagement in “participatory training” in enterprises since 2009. The Committee notes that, in its report to the CRC of October 2017, the Government states that the Law on Technical and Vocational Education and Training of 2013 sets out the rules to train and develop the Lao labour force (CRC/C/LAO/3-6, paragraph 168). The Committee requests the Government to supply information on the rules provided for in the Law on Technical and Vocational Education and Training of 2013 regarding the minimum age for entering an apprenticeship programme.