Section 1
General Provision
Article 2: Terminology definition
Article 3: Scope of application
Section 2
Conditions, rights and obligations of local staffs
Article 4: Conditions of applying as local staff
Article 5: Rights of local staff
Article 6: Obligations of local staff
Section 3
Salaries or wages and leaves of local staffs
Article 7: Salary or wage of local staff
Section4
Employment contract and conflict resolution
Article 9: Employment contract
Article 10: Termination of employment contract
Article 11: Conflict resolution
Section 5
Right s arid duties of international organizations
Article 12: Recruitment right of international organization
Article 13: Duties of international organization
Section 6
Right and Duties of MOFA
Article 14: Scope of management by MOFA
Section 7
Final Provision
Lao’s People Democratic Republic
Peace Independence Democracy Unity Prosperity
N0.456/PM
Vientiane Capital Date: 1.11.2010
Decree on Management of Local staffs Working for International
Organizations in Lao’s PDR
Prime Minister issued:
Section 1
General Provision
This decree regulates all matters related to a management of local staffs working for international
Organizations in Lao's PDR with an aim to protect the rights and interests of local staffs and international
Organizations and ensure the enforcement of the relevant national laws of Lao’s PDR.
Article 2: Terminology definition
Terminologies used in this decree have the following meanings.
Article 3: Scope of application
This decree is applicable to embassies, consulates, residences of diplomatic corps, and residences of experts.
UN agencies, international non-governmental organizations, international financial organizations.
international boundary water development commissions, grant, loan and technical cooperation projects with the government of Laos and its agencies, and foreigners' agencies, offices and residences located in Lao’s PDR that recruit local staffs.
Section 2
Conditions, rights and obligations of local staffs
Article 4: Conditions of applying as local staff
Any individual who will work for an international organization shall be a Lao citizen, a foreigner with a family registration book and a permanent residence in Lao's PDR. Clean profile and a specific technical skills, and no less titan 18 years of age.
A local staff who will work for an international organization shad submit all relevant application documents to MOFA in Vientiane Capital
Article 5: Rights of local staff
A local staff w ho works for international organizations has the following rights.
6. To education, research or study m up-grade one's professional know ledge and other disciplines in accordance with the GOL’s related general policy and a relevant international organization's support capacity:
7. To exercise legal rights and deserved interests as spelled out in the relevant national laws and regulations of Lao's PDR.
Article 6: Obligations of local staff
A local staff has the following obligations.
Section 3
Salaries or wages and leaves of local staffs
Article 7: Salary or wage of local staff
A salary or wage of a local staff who works for an international organization or its international staff in the area of babysitting, cleaning, cooking, gardening, security guarding, among others shall be no less than LAK 1,000,000 (one million) per person per month. A Salary or wage of a local staff with a position equivalent to a secretary or higher shall he no less than LAK 2.000.00U (two million) per person per month. A setting on a minimum salary or wage will be adjusted from time to time through an issuance of a decision by Minister of foreign Affairs.
An enforcement of policies on local staffs' allowances, salaries or other wage payment arrangements such as, for work on official holidays or over time shall be spelled out in employment contracts in compliance with the labor code of the Lao PDR.
Article 8: Weekly leave and official holidays
A local staff has a right to one day of a week leave, which can be an\ da\ subject to an agreement between the individual and an employing international organization.
With regards to an enforcement of official holidays, it shall observe a regulation set by the GOL. And the one by a concerned international organization.
Pertaining to an annual lease. Art. 21 of the labor code of Lao PDR No.06 NA. dated 27 Dec 2006 and a regulation set b\ an employing international organization in compliance with this decree and the labor code of PDR shall be observed.
Section4
Employment contract and conflict resolution
Article 9: Employment contract
A recruitment of a local staff shall entail with a direct agreed employment contract between a local stall' and an international organization on the basis of the principles of equality, fair and compliance with the relevant laws and regulations of Lao's PDR.
Article 10: Termination of employment contract
Prior to an employment contract termination, an employing international organization shall notify in writing to a concerned local staff and MOFA in advance of I 5 official working days, irrelevant to any justifications. During the notification stage, a concerned local staff is still required to work as usual and entitled to his/her salary or wage.
In case of a severe mistake committed by a concerned local staff, an employing international organization can immediately cease his-'her involvement and is required to notify MOFA no later than 30 official working days.
For each case of an employment contract termination, an employing international organization shall notify’ MOFA in writing and precisely describe the justification to such termination.
In addition, an employing international organization shall pay a concerned local staff his/her entitled pay and allowances prior to an employment contract termination in compliance with an employment contract and the labor code of Lao's PDR.
Article 11: Conflict resolution
In case there is a conflict between a local staff and an employing international organization, the following conflict resolution procedures shall be observed.
A conflict resolution between a local staff and an employing international organization as defined in paragraph I. 2 and 3 of this article A based upon the relevant laws and regulations of Lao's P1)R.
Section 5
Right s arid duties of international organizations
Article 12: Recruitment right of international organization
An international organization has a right to being facilitated and a provided quality local staffs through its recruitment process. However, Lao citizens shall be given special preference in compliance with the labor code of Lao’s PDR.
Article 13: Duties of international organization
An international organization has the following duties;
.Section 6
Right and Duties of MOFA
Article 14: Scope of management by MOFA .
The GOL is to manage international organizations' local staffs in a centralized manner by delegating
Rights, duties and responsibilities to MOFA to undertake this task in a close collaboration with Ministry of
Finance, Ministry of Labor and Social Welfare, and other concerned sectors.
MOFA has the following rights.
MOFA has the following duties.
Section 7
Final Provision
MOFA is tasked to effectively enforce this decree in line with its rights, duties and responsibilities in collaboration with concerned sectors.
Ministries, ministerial equivalent agencies, and local administrations shall be informed and strictly observe this decree.
This decree is effective from the date of signing onwards. Any rules and provisions in contradiction with this decree shall be null.
Prime Minister of l.ao's PDR
Bouasone Bouphavanh |