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Labour Law Comparison (2006)

 

Country Cambodia Lao PDR Myanmar Thailand Vietnam Yunnan, China
Name Labour Code Labour Law Not Currently Published: Source-ILO Library Labour Protection Act Labour Code Labour Law
Year Enacted 1997 1994   1998 1994 1995
General Application Some limitations Yes   Some limitations inc. SOEs No Yes
Exemptions Public No     No No, Includes
Sector National Interest Family Business Home Work Servants, Transport, Domestic Help     Rules apply to employers with 10> employees   Labour Cooperatives
Tax-Free Zone       Not Stated    
Job Title Not Stated     Not Stated, Not Stated  
Change Prior Approva Required       if downsized 60 Days prior notice   Not Stated
Temporary Re-Assignment of Personnel Permitted Not Stated 3 Months maximum, minimum pay previous salary or higher   30 Days prior notice if establishment relocated 60 Days/Year salary=new position if higher, old salary for 30 days if lowerthen 70% previous salary Not Stated
Collective Agreement Over-Ride Not Stated Employer unilaterally terminates - 15 days for trade union reply   Not Stated Not Stated Not Stated
DisputeResolution Local International conciliation, Arbitration conciliation, Labour Dispute Arbitration Cttee, Court   Employer- Employee Consultation Per Posted Employer- Employee Consultation Rules Negotiation, Conciliation/ Arbitration  Mediation, Abitration, Court, Consultation
 Work Day, Work Week  8 Hrs. 48 Hrs.  8 Hours 48 Hours, Includes all forms of work     8 Hours 48 Hours  8 Hours 44 Hours, Includes Piecework
Overtime Not Stated Max. 30 Hr./ Month, >30 Hr. trade union sign-off needed   Max. 36 Hr/Wk Transport Work 2 Hrs/ Day 4 Hrs/Day 200 Hrs/Yr. 1 Hr/Day 3 Hr/Day special cases 36 Hr/Month
Overtime Pay 150-200% normal pay shift 150-300% of 150-300% of normal pay, 15% for night   150-300% of normal pay includes piecework 150-200% normal pay 150-300% of normal pay
Partial Invalid Contracts Not Stated Not Stated   Not Stated Not Stated Valid sections apply
Severance Pay 6-12 Months Service = 7 Days >12 Months service=15 days /yr. of service     Threshold - Minimum 3 months work to qualify, 30 Days pay for <1 Yr. service, 90 Days ->1 <3 Yrs., >3 Yrs < 6 Yrs., 180 Days, >6 Yrs<10 Years, 240 Days >10 Yrs, 300 Days 1/2 Month salary, benefits/ each Yr. worked No Stated

 

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