Policy brief: Fair recruitment of Lao migrant workers: A comparative review with international labour standards and guidelines

This policy brief offers a comparative analysis of the labour migration governance framework in relation to international standards and guidelines and provides recommendations to help ensure fair recruitment and decent work for Lao migrant workers.

The ILO Ship to Shore Rights South-East Asia programme has been working in close collaboration with the Ministry of Labour Social Welfare to strengthen policy and legislation related to the recruitment of Lao migrant workers since 2020. To support this effort, a comparative analysis of the labour migration governance framework was undertaken in relation to key international labour standards and guidelines, including the Private Employment Agencies Convention, 1997 (No. 181) and the ILO General Principles and Operational Guidelines for Fair Recruitment. 

Although the Lao policy and legal framework was found to be in alignment with international labour standards and guidelines in many respects, the analysis identified significant legislative and implementation gaps. These include incomplete prohibitions on worker-paid recruitment fees and related costs, challenges in enforcing penalties and providing remedies for abuses, procedural and capacity challenges in dispute resolution, and lack of clarity and in the responsibilities of government agencies.

The policy brief recommends that the Lao Government consider ratifying the Private Employment Agencies Convention, 1997 (No. 181) to take the next steps forward in improving protection of the rights of Lao migrant workers during recruitment and placement. The ILO stands ready to provide any further technical support required by the Lao Government and social partners to facilitate the process of ratification for Convention No. 181 in the Lao People’s Democratic Republic.