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Georgia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is illegal if it is committed by use of force, threat of use of force, or with a victim of a “helpless condition,” a legal term generally applied to elderly individuals, persons with mental or physical disabilities, or others deemed unable to resist. Some expressed concern that the definition of rape did not conform to international standards to combat violence against women, and that the lack of a positive consent framework meant that some rapes went uninvestigated or unpunished. A convicted first-time offender may be imprisoned for up to eight years. The government did not enforce the law effectively.

Investigative authorities lacked training on effective procedures on case handling and evidence collection. Survivors were often told to focus on physical violence as proof of sexual violence. GYLA reported sexual violence was prevalent and underreported. In only a small number of reported cases were perpetrators convicted. Prosecutors applied overly burdensome evidence requirements for bringing charges against perpetrators of sexual violence, while overwhelmingly strict requirements for convictions of sexual violence crimes were applied by judges.

The Public Defender’s Office noted in its 2020 report, released in April, serious legislative shortcomings in the regulation of crimes involving sexual violence, as well as in investigation, criminal prosecution, and court hearing of such crimes, falling short of the standards of the Council of Europe Convention on preventing and combating violence against women and domestic violence and international human rights. The office’s analysis showed that in the cases of rape and other sexual violence, courts did not consider the absence of a survivor’s consent an integral part of the definition of crime. Furthermore, the legislation does not consider a broad spectrum of circumstances that may affect the survivor’s will and provides for a disproportionately lenient punishment for a crime committed in certain conditions.

The law criminalizes domestic violence. In cases that do not result in physical injury, penalties for conviction of domestic violence include 80 to 150 hours of community service or imprisonment for up to two years. Domestic and gender-based violence remained a significant problem that the government took several steps to combat. The Ministry of Internal Affairs had a risk assessment tool that enables a police officer to decide whether to issue a restraining order based on a questionnaire available in the restraining order protocol, the data assessment, and risk analysis. In addition, if there was a high risk of recurrence of violence, a system of electronic surveillance allowed the Ministry of Internal Affairs to monitor abusers 24 hours a day. The high rate of domestic violence showed reporting of incidents increased in the country and that police were responding. The 112 Emergency Center also deployed an app that allows survivors of domestic or other violence to communicate via text message with emergency operators, making it easier to report abuse without alerting the perpetrator who may still be nearby. Shortcomings, however, remained. In one example, in 2019 an employee of the Tbilisi City Council accused council member Ilia Jishkariani of sexual assault and beating. The Prosecutor’s Office charged Jishkariani with sexual and other violence; the trial at Tbilisi City Court, which started in 2019, continued as of year’s end.

In June parliament approved legislation on the introduction of witness and survivor advocates that sit within police units. The provisions, which took effect on June 24, allow survivor advocates to support witnesses and survivors during the legal proceedings by establishing effective communication between them and investigators, provide necessary information during the investigation, and offer state services and assist in the application of such services. As of November there were 13 such advocates assigned to major police departments. Previously, these positions existed only at the Prosecution Service.

Despite legislative changes, the Public Defender’s Office reported in its annual report for 2020 that authorities lacked a comprehensive approach to combating domestic violence and violence against women, and there was insufficient coordination among government agencies.

The Public Defender’s Office highlighted a shortage of measures to prevent violence against women and to empower survivors of domestic violence. The office analyzed gender-based killings (femicides) and concluded they demonstrated an absence of mechanisms to prevent violence against women in the country.

The law provides for measures to detect signs of domestic violence in minors by crisis and shelter staff and promotes a prevention-oriented approach. The Public Defender’s Office and women’s rights NGOs emphasized there remained a need for the government to improve coordination between government agencies working on the matter.

NGOs and the government expanded services provided to survivors of domestic violence in recent years. GYLA remained concerned that notwithstanding the COVID-19 pandemic, official statistics on domestic violence and violence against women did not change significantly, which indicated a possible underreporting of domestic violence incidents by victims.

Domestic violence laws mandate the provision of temporary protective measures, including shelter, protective orders, and restraining orders that prohibit an abuser from coming within 330 feet of the survivor and from using common property, such as a residence or vehicle, for up to nine months.

In 2020 authorities began using electronic surveillance bracelets for domestic violence abusers. The use of electronic surveillance is subject to a judicial decision. Police assess the risk of recurrence of violence and, in parallel with issuing the restraining order, are required to submit a report to the court for approval within 24 hours. Both the electronic surveillance period and the validity of a restraining order last for one month and require consent of the survivor.

Local NGOs and the government jointly operated a 24-hour hotline and shelters for abused women and their minor children, although space in the shelters was limited and only five of the country’s 10 regions had facilities.

Other Harmful Traditional Practices: Kidnapping women for marriage occurred in remote areas and in ethnic minority communities but was rare. The Public Defender’s Office reported some cases of kidnapping for forced marriage and early marriage in its 2020 report.

Sexual Harassment: Sexual harassment is illegal under the code of administrative offenses but is not criminalized; it remained a problem in the workplace. By law sexual harassment is considered a form of discrimination and is defined as an unwanted physical, verbal, or nonverbal action of a sexual nature that aims to degrade or results in the degradation of a person or creation of a hostile environment for that person. Based on laws on sexual harassment, the public defender analyzes the case and provides recommendations on the case to authorized persons at the institution where the violation took place. During the year the Ministry of Foreign Affairs, Ministry of Regional Development and Infrastructure, Civil Service Bureau, State Inspector’s Service, and an office in the Ministry of Education, Science, Culture and Sport developed internal regulatory frameworks for responding to workplace sexual harassment incidents, according to UN Women.

Under the code of administrative offenses, sexual harassment victims may file complaints with police. If found guilty, a person can be punished with a token monetary fine; repeated violations result in an increased fine or correctional work for up to one month. Repeated violations in the case of a minor, a pregnant woman, a person unable to resist due to physical or mental helplessness, a person with a disability, or in the presence of a minor with prior knowledge leads to a more substantial fine. Through October the Public Defender’s Office examined four cases of alleged sexual harassment and identified violations in two instances. Others were pending.

The public defender considered especially problematic a selective approach applied by authorities to instances of violence against women and domestic violence involving influential persons as abusers. In such cases authorities often delayed their response, leaving the impression that preference was given to the abuser’s, rather than the victim’s, interests. Victims often had to go public to prompt action by relevant authorities.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Authorities regulated the use of surrogacy services. A Ministry of Justice decree regulating civil acts restricts the right to surrogacy to heterosexual couples who have been married or living together for more than one year. Women and LGBTQI+ rights organizations considered the restriction an infringement on the ability of single women and LGBTQI+ persons to have a child.

The UN Fund for Population Activities (UNFPA) reported that women from minority communities, women from rural areas, and poor women faced barriers in accessing information related to their reproductive health and financial barriers limited access to customized contraceptive options for many women.

According to the Public Defender’s Office, limited access to information about contraceptives remained a problem for girls and women of childbearing age. The office stated human sexuality education was not fully integrated into school curriculums. Programs in schools failed to provide information to teenagers on safer sex. The lack of comprehensive education prevented girls from understanding the risks associated with early marriage and protecting themselves from early pregnancy.

The Public Defender’s Office stated in its 2020 annual report that “women’s sexual and reproductive health and rights, full integration of family planning services and contraceptives into primary care, as well as integration of comprehensive education on human sexuality into the formal education system remain challenging.” Women in rural areas, especially remote mountain villages, lacked regular access to family planning services and clinics. Women often had to travel to larger towns for these services, causing additional financial burden.

While women have the ability to access skilled personal medical attention during pregnancy and childbirth, the use of maternal health services decreased during the year due to the COVID-19 pandemic and associated movement restrictions. The Public Defender’s Office reported a lack of the postpartum care needed for the prevention of maternal mortality and for maintaining women’s mental and physical well-being. Maternal health services were somewhat limited for women who did not speak Georgian.

The Agency for Social Care, under the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs, provided medical, psychological, legal, and additional assistance to survivors of sexual violence.

The UNFPA reported that the state funded services for survivors of sexual violence based on a decree that stipulates the state must fund certain services, including, but not limited to, emergency contraceptives and postexposure prophylaxis. Regulations, however, require survivors of sexual assault, who may hesitate to come forward, to notify police to receive these services. Victims of trafficking in persons and domestic violence do not need to cooperate with police to receive services.

Discrimination: The law provides for the same legal status and rights for women and men, including under family, religious, personal status and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing business or property.

Civil society organizations continued to report discrimination against women in the workplace. The Public Defender’s Office monitored gender equality complaints, in particular those involving domestic violence and workplace harassment, and stated that gender equality remained a problem. The office considered the small number of government projects, programs, and initiatives designed to empower women to be inadequate to achieve gender equality.

Children

Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory; children born to stateless parents in the country are citizens. According to UNICEF, 99 percent of children were registered before reaching the age of five.

While IDP returnees were in principle able to register their children’s births with de facto authorities, they reportedly preferred to have their births registered with Georgian authorities.

Education: Children of noncitizens often lacked documentation to enroll in school. The level of school attendance was low for children belonging to disadvantaged and marginalized groups, such as street children and children with disabilities or in foster care.

According to a multiple indicator cluster survey conducted in 2018 by the national statistics office GEOstat and the National Center for Disease Control and Public Health with UNICEF support, total enrollment of preschool children between the ages of three and five was 82 percent. Enrollment rates were lower for children of ethnic minorities (the rate for Azeri children was 28.8 percent, while the rate for Armenian children was 68.8 percent) as well as children from socially vulnerable groups (poor or large families, single parent families, IDPs, families with persons with disabilities) (63.6 percent) and rural communities (70.2 percent).

According to a UNICEF study released in 2018, most street children did not have access to either education or medical services beyond emergency care. According to a public defender report, most street children were vulnerable to violence and had limited access to education or health care.

Abkhaz de facto authorities did not always provide ethnic Georgians opportunities for education in their native language. De facto authorities dismissed ethnic Georgian teachers in Abkhazia deemed to have insufficient knowledge of Russian. The language of instruction for students in first through fourth grades in Lower Gali was Russian. Russian was the only instructional language in the Tkvarcheli and Ochamchire zones, and de facto authorities prohibited Georgian-language instruction there.

The Public Defender’s Office noted that in the Gali, Ochamchire, and Tkvarcheli districts, ethnic Georgian students and teachers had poor command of Russian, and therefore Russian-only instruction had significantly affected the quality of their education. Local communities had to either pay for teachers, arrange for teachers to cross from Tbilisi-administered territory to teach, or send their children across the ABL for Georgian-language lessons. According to the EUMM, some Gali students faced difficulties in crossing the ABL to take university entrance examinations.

De facto South Ossetian authorities also required ethnic Georgians of all ages to study in Russian.

Child Abuse: The law provides for the right to dignity, life, survival, and development, and prohibits discrimination. Conviction for various forms of child abuse, including trafficking, forced labor, or forced begging, is punishable by a spectrum of noncustodial sentences and prison terms. Conviction of domestic violence against minors is punishable by community service or imprisonment for one to three years, and conviction for trafficking minors is punishable by eight to 20 years’ imprisonment, depending on the circumstance. The Public Defender’s Office reported that general education institutions and preschools lacked qualified professionals who could detect and respond to signs of violence against children in a timely manner.

Authorities referred children who suffered abuse to the relevant community and government services in coordination with stakeholders, including police, schools, and social service agencies.

Child, Early, and Forced Marriage: The legal minimum age for marriage for both men and women is 18. Conviction for forced marriage of an individual younger than 18 is punishable by two to four years’ imprisonment. The Public Defender’s Office reported the practice of early marriage and engagement remained a problem. Law enforcement agencies, social services, and secondary education institutions did not coordinate their efforts to deal with the problem.

Home-based learning due to COVID-19 made it more difficult for social workers to detect cases of child marriage and intervene promptly.

The Public Defender’s Office noted in its 2020 report that the social service agency did not have guidelines for managing child marriage cases and that its response to child marriages was often superficial and fragmented.

Reports of child marriages continued throughout the year. The public defender’s annual report for 2020 indicated that child marriages occurred more frequently among certain ethnic and religious groups. Authorities had difficulty providing timely and effective responses to unlawful imprisonment and forced marriage. The public defender reported that inadequate official response to such incidents encouraged potential offenders, who believed they would not be held responsible.

Sexual Exploitation of Children: Conviction for commercial sexual exploitation of children or possession of child pornography is punishable by up to 20 years’ imprisonment. Authorities enforced the law. Street children and children living in orphanages were reportedly particularly vulnerable to exploitation.

The minimum age for consensual sex is 16. The law considers sexual intercourse with a juvenile as rape, provided it is committed by use of force, threat of use of force, or with a victim of a “helpless condition.” If these elements are not present, sexual intercourse with a minor can be charged as a crime of “penetration of a sexual nature into the body of a person younger than 16 years of age,” which carries a lower sentence. The penalty for conviction for rape is from six years to life imprisonment, depending on circumstances; the government generally enforced the law. Conviction of other sexual crimes carried increased levels of punishment if the victim was a juvenile.

Displaced Children: The Public Defender’s Office reported a lack of information regarding street children and noted the inadequacy of resources devoted to them. It was unclear how many children were geographically displaced, and a significant portion belonged to families that migrated seasonally to Georgia from Azerbaijan. In its annual report for 2020, the Public Defender’s Office reported that despite improvement in identifying and establishing contact with children living in the streets, the identification process remained inadequate.

The Public Defender’s Office 2021 report to the UN Committee on the Rights of the Child described children living and working on the street as a vulnerable social group that faced a high risk of labor exploitation. They lacked protections from forced labor and had limited access to health care and education. The government’s detection, outreach, and actions to protect and assist street children were limited, and access to services for them and their families remained inadequate.

Due to their homelessness and lack of sanitation, street children had a higher risk of COVID-19 infection. The Public Defender’s Office reported that, based on information from the Agency for State Care, a quarantine area for children was opened in Tbilisi in 2020. If necessary, mobile groups working under a state subprogram placed street children in the quarantine area as well. On April 1, the Public Defender’s Office reported that in 2020, the psychosocial needs of homeless children were not being properly met in the quarantine area.

The population of street children consisted of ethnic Georgians, members of two Romani language groups, Kurds from Azerbaijan, children of Armenian refugees, and children of IDPs from South Ossetia and Abkhazia. Police and labor inspectors began to take enforcement action, but more work was needed to protect children from being trafficked or exploited through illicit work and forced labor.

While some shelters existed, the full spectrum of services needed did not exist outside of Tbilisi.

Institutionalized Children: The government continued replacing large-scale orphanages with alternative arrangements. The government provided grants for higher education for institutionalized and foster-care children, including full coverage of tuition and a stipend, and provided emergency assistance to foster families.

The government continued to transfer children, including those with disabilities, who were institutionalized in large-scale orphanages to family and family-type services (small group homes for specialized care). The government increased the pool of foster parents and specialized foster parents available to receive children from orphanages and avoid an inflow of new cases to orphanages.

In June the Public Defender’s Office reported that protection of minors in state care and in some orphanages operated by the Georgian Orthodox Church remained a problem. The protection of children in state care from violence, care for their mental health, protection of right to education, preparation for independent life, improvement of care-taking personnel, and allocation of sufficient human and financial resources posed a problem. Teachers in small family-type homes as well as foster parents lacked the knowledge and skills to handle children with behavioral problems or child victims of violence. This resulted in children being moved between different types of care, creating additional stress and worsening their situation. Minors with disabilities presented a particular problem because assistance programs were not oriented to meeting their individual needs for protection, preparation for independent living, and education. The practice of placing children with behavioral or mental-health problems together was also problematic and aggravated their situation.

In May the Public Defender’s Office reported that Ninotsminda Orphanage’s principal, Bishop Spiridon, barred its representatives from monitoring the orphanage, which was operated by the Georgian Orthodox Church. The Public Defender’s Office has a constitutional right to enter institutions to conduct monitoring. The Public Defender’s Office reported there were allegations of physical and psychological abuse of children at the orphanage. Bishop Spiridon responded that he would never allow the office, which he claimed was propagating same-sex marriage, inside the institution. On June 2, the Public Defender’s Office cited Ministry of Internal Affairs’ reports that four criminal cases concerning the orphanage had been opened since 2016. Three of the cases involved allegations of violence against minors and one the alleged rape of a minor. The bishop’s refusal to allow the office to enter the orphanage prompted the UN Committee on the Rights of the Child to call on authorities to ensure monitoring occurred.

On June 5, the Tbilisi City Court ruled in favor of the NGO Partnership for Human Rights that children with disabilities should be removed from the Ninotsminda Orphanage. The court stated that the State Care Agency, which is responsible for the protection of children in foster facilities, could apply to the court to extend the removal order to other children. The Georgian Orthodox Church announced its intention to appeal the court ruling on June 6. On June 13, the church replaced Bishop Spiridon with Archbishop Iakob as principal of the orphanage, and on June 17, Archbishop Iakob agreed to allow Public Defender Nino Lomjaria to visit. On June 28, the public defender visited the orphanage and said that the Archbishop Iakob agreed to work with the Public Defender’s Office. Archbishop Iakob also dismissed 20 orphanage employees. As of November an investigation into alleged abuse was underway.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law generally provides for the right of most workers, including government employees, to form and join independent unions, to legally strike, and to bargain collectively. According to the law, if a trade union or a group of employees initiates negotiations for the conclusion of a collective agreement, employers shall negotiate in good faith. The parties should provide each other with information relevant to the issues being discussed during negotiations.

Although the law provides for the rights to freedom of association and collective bargaining, employers did not always negotiate in good faith. Employers’ obligations to participate in mediation are not clearly defined by law or practice. This was illustrated by a collective bargaining process that deadlocked at the Rustavi Azot nitrogen plant. On April 28, approximately 2,000 workers walked out on indefinite strike after the company rejected demands for a 50 percent pay increase. After a few days of negotiations, employees settled for raises ranging between 8.7 percent and 25 percent, according to the Georgian Trade Union Confederation (GTUC). This caused a split in the striking workforce, as media outlets reported that many workers were dissatisfied because the increases were less than half of what they had demanded and were not indexed to inflation.

While strikes are not limited in length, the law limits lockouts to 90 days. A court may determine the legality of a strike, and violators of strike rules may face up to two years in prison. Although the law prohibits employers from discriminating against union members or union-organizing activities in general terms, it does not explicitly require reinstatement of workers dismissed for union activity.

Certain categories of workers involved in “critical services” or related to “human life and health,” as defined by the government, were not allowed to strike. The International Labor Organization noted the government’s list of such services included some it did not believe constituted essential businesses and services, such as municipal cleaning departments, natural gas transportation and distribution facilities, and oil and gas production, preparation, refining and processing facilities.

Due to continued concerns over the country’s respect for freedom of association, collective bargaining, and the right to strike, labor unions called upon the government to take further steps to enhance worker protections and protect existing workers’ rights during the year. The government, however, did not effectively enforce laws that protect freedom of association or prohibit antiunion discrimination. Penalties were not commensurate with those under other laws involving the denial of other civil rights. Remedies to address arbitrary dismissal and legal disputes regarding labor rights were subject to lengthy delays. Employees who believe they were wrongfully terminated must file a complaint in a local court within one month of their termination.

Labor organizations reported employers’ obligations to participate in mediation were unclear, and some refused to participate.

Workers generally exercised their right to strike in accordance with the law but at times faced management retribution. On May 3, employees of the Guria Express mill began a 38-day strike, demanding wage increases and a safer work environment. During the strike the employer refused to engage in dialogue with trade unions and resorted to other means to end the strike. Employees ruled out any type of agreement with the employer without a trade union. During a parallel mediation process, the labor inspectorate found a number of safety violations. As a result of multilateral negotiations, large-scale rallies and marches occurred demanding the involvement of state officials in the processes. The strike was resolved with employees, trade unions, and employers signing an agreement on June 12. The management of Guria Express filed a lawsuit against 26 workers requesting to declare their strike as illegal. The court suspended the case, as GTUC proved that the employer did not have a legal basis for declaring the strike illegal.

Some employers interfered with unions. GTUC reported the influence of employer-sponsored “yellow” unions in the Georgian Post and Georgian Railways impeded the ability of independent unions to operate. GTUC also reported widespread instances of harassment in both the public and private sectors based on union affiliation, notably in the railway and postal services. For example, the Georgian Post Office does not have a union due to the employer`s antiunion activities. The Georgian Post Office has a so-called foundation supporting workers that was created to replace the union in the company, according to GTUC. In the Georgian Railway, a “yellow” union still existed, but during the year management of the company began cooperating with the GTUC-affiliated Railway Workers Trade Union and was not interfering actively in its activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government’s enforcement of the laws was not always effective. Forced labor is a criminal offense with penalties commensurate with those for other serious crimes. The low number of investigations into forced or compulsory labor, however, offset the effect of strong penalties.

The Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs through the Labor Inspectorate reported it found no cases of forced or compulsory labor as of November, although GTUC claimed this was because the Labor Inspectorate lacked enough inspectors to cover the country effectively. The Public Defender’s Office stated the number of inspectors remained a problem, as only 56 of 110 labor inspector positions had been filled as of June. The law permits the ministry’s inspection department to make unannounced visits to businesses suspected of employing forced labor or human trafficking. The Ministries of Justice and Internal Affairs and the International Organization for Migration provided training on forced labor and human trafficking for inspectors.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor such as employment in hazardous work, and forms of exploitation of children, including forced child labor and commercial sexual exploitation. The minimum legal age for employment is generally 16, although in exceptional cases, children may work with parental consent at 14. The minimum wage laws were not enforced to protect children working in the informal sector. Children younger than 18 may not engage in unhealthy, underground, or hazardous work; children who are 16 to 18 are also subject to reduced workhours and prohibited from working at night. Minors between the ages of 16 and 18 may not work more than 36 hours per week. Minors who are 14 or 15 may not work more than 24 hours per week. The law permits employment agreements with persons younger than 14 in sports, the arts, and cultural and advertising activities.

The Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported that it found one case of child labor law violations during the year and referred the case to the State Care Agency. The government effectively enforced the law, but some child labor persisted undetected. Experts reported minors were employed in the service, construction, agriculture, and tourism sectors. The penalties for violations of child labor laws were commensurate with those for other serious crimes.

According to Child Labor During the New Coronavirus Pandemic and Beyond, a report published during the year by the Public Defender’s Office, approximately 8,800 children were involved in hazardous labor, which equated to 64 percent of working children. In addition to hazardous work, there were reports of unhealthy and violent conditions (constant screaming, physical abuse); harmful work environment (dust, smoke, high temperature, cold, etc.); contact with hazardous substances or devices; and working for long periods of time in the workplace. An estimated 52 percent of children involved in child labor were between the ages of five and 13.

Child labor was widespread in cities, and 88 percent of children involved in it worked in an environment that was harmful to their health. In older age groups, children became increasingly involved in other industries. In most cases authorities did not consider this work as abusive or categorize it as child labor. In some ethnic-minority areas, family farm obligations interfered with school attendance, and school participation by ethnic minority children was especially low. Some families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti (where there was also a significant ethnic Azeri population) worked in distant pastures for six to nine months a year, so their children seldom attended school. Estimates of the number of children affected were not available.

Street begging remained the most visible form of child labor, especially in Tbilisi. In 2018 UNICEF reported that children of street families and unaccompanied children moved following the agricultural and tourist seasons, including to tourist sites along the Black Sea during the summer. Such children were vulnerable to violence and did not have access to either education or medical services beyond emergency care.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination in employment due to race, skin color, language, ethnicity, or social status, nationality, origin, or position, place of residence, age, sex, sexual orientation, marital status, disability; religious, public, political or other affiliation, including affiliation with trade unions, political or other opinions, or other reasons. It does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The law further stipulates that discrimination be considered “direct or indirect oppression of a person that aims to or causes the creation of a frightening, hostile, disgraceful, dishonorable, and insulting environment.”

The law requires that the principle of equal treatment should apply to labor and precontractual relations. In 2019 parliament amended the law to define sexual harassment as a form of discrimination and strengthen regulations against it. By law a person may report sexual harassment in a public space to police for investigation. Cases of sexual harassment in the workplace are submitted to the public defender for investigation.

The law prohibits all forms of discrimination in the employment process unless the unequal treatment serves to equalize the employment opportunities for job seekers and is a proportionate and necessary means of achieving that goal.

The labor inspectorate’s new mandate to conduct inspections covering all aspects of labor law took effect on January 1. The inspectorate, however, did not have enough trained labor inspectors. Due to lack of a fully staffed and functioning labor inspectorate, the government only sometimes effectively enforced these laws. Penalties, when enforced, were not commensurate with those provided by similar laws related to civil rights.

Discrimination in the workplace was widespread. LGBTQI+ activists said that discrimination based on gender identity and sexual orientation remained widespread and underreported. GTUC reported cases of discrimination based on gender and union affiliation. At job interviews women often were asked specific questions on marital status, family planning, and household responsibilities. Women were frequently paid less than men for the same work and were less likely to receive promotion opportunities. In addition, vacancy announcements often included age requirements as preconditions to apply for a particular position, despite laws that prohibit discriminatory wording in job announcements. As of August the Public Defender’s Office had received one complaint of discrimination, specific to age discrimination, which was under review.

While the law provides for equality in the labor market, NGOs and the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs agreed that discrimination against women in the workplace existed and was underreported. Although some observers noted continuing improvement in women’s access to the labor market, women were overrepresented in low-paying, low-skilled positions, regardless of their professional and academic qualifications.

According to the World Economic Forum, women and men had almost the same level of educational attainment, especially regarding to literacy, primary education, and secondary education. The estimated earned income for women continued to lag behind that for men.

There was some evidence of discrimination in employment based on disability. There were also reports of informal discrimination against members of Romani, Azeri, and Kurdish populations in the labor market.

e. Acceptable Conditions of Work

Wage and Hour Laws: The minimum wage for both state- and private-sector employees was below the official subsistence income level. Employers did not apply the official minimum wage, however, since the lowest-paid jobs in the private sector were typically significantly higher than the minimum wage.

The law provides for a 40-hour workweek and a weekly 24-hour rest period unless otherwise determined by a labor contract. Overtime is defined as work by an adult employee in excess of the regular 40-hour workweek, based on an agreement between the parties. An executive order establishes essential services in which overtime pay may not be approved until employees work more than 48 hours a week. Pregnant women or women who have recently given birth may not be required to work overtime without their consent. There is no explicit rate for overtime; the law states overtime “be reimbursed at an increased rate of the normal hourly wage…defined by agreement between the parties.” A May court ruling, however, found in one case that a 125 percent rate qualified as meaningful overtime pay. The law does not explicitly prohibit excessive overtime.

The Labor Inspectorate, which is part of the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs, is responsible for enforcement of wage and hour laws. The Labor Inspectorate has authority over all sectors of the economy and may make unannounced inspections and initiate sanctions. The government effectively enforced the law, and penalties for violations were commensurate with those for other similar crimes, but the number of inspectors was insufficient to enforce compliance fully.

Occupational Safety and Health: According to labor rights groups, occupational safety and health (OSH) standards were appropriate for the main industries and OSH experts actively identified unsafe conditions in additional to responding to complaints. Different inspectors within the Labor Inspectorate are responsible for covering OSH and other labor violations. During the year the inspectorate was responsible for reviewing and enforcing compliance with COVID-19 safety provisions, and most of its inspections were to enforce those regulations.

The COVID-19 pandemic significantly affected employment and labor relations. According to GTUC, pandemic restrictions had a significant economic impact on the tourism, retail, and transport sectors, and also affected the construction, real estate, leisure, and entertainment sectors, although the economic situation in the country improved significantly during the year.

Employer abuses of workers’ rights persisted, and it was difficult for workers to remove themselves from hazardous situations without jeopardizing their employment. Workers hired on fixed-term contracts frequently feared that calling employers’ attention to situations that endangered their health or safety would be cause for the employers not to renew their contracts. The Human Rights Education and Monitoring Center reported that, considering the difficulty of finding a new job as well as a lack of adequate social protection mechanisms in the country, workers were reluctant to be vocal concerning improper and even hazardous working conditions due to fear they would lose their jobs. This situation was particularly acute in some industrial towns where the local population was dependent on a single business operation. The COVID-19 pandemic aggravated the situation, putting employees in precarious positions due to their social insecurity and inability to demand adequate working conditions.

Conditions for migrant workers were generally unregulated. While the government did not keep specific statistics on migrant laborers in the country, the Public Services Development Agency issued up to 5,000 residence permits annually to migrant workers.

According to GTUC, 33 workers died and 252 were injured in work-related accidents through the end of the year, compared with 39 deaths and 249 injuries in 2020. The mining and construction sectors remained especially dangerous, with reports of injuries, sleep deprivation, and unregulated work hours.

Informal Sector: More than 35 percent of nonagricultural workers worked in the informal sector. Labor laws do not cover workers performing work outside of “organized labor conditions,” as most informal employment arrangements do not include employment contracts and thus many informal workers were not protected by the law. NGOs reported informal-sector workers were vulnerable to exploitation. These workers also tended to be the most affected by COVID-19 pandemic restrictions.

United Kingdom

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of both women and men, including spousal rape. The maximum legal penalty for rape is life imprisonment. The law also provides for injunctive relief, personal protection orders, and protective exclusion orders (similar to restraining orders) for survivors of gender-based violence. The government enforced the law effectively in reported cases. Courts in some cases imposed the maximum punishment for rape. The government provided shelters, counseling, and other assistance for survivors of rape or violence. NGOs warned that police and Crown Prosecutorial Services have raised the bar for evidence needed, causing survivors to drop out of the justice process. The Crown Prosecution Service was in the second year of a five-year plan for the prosecution of rape and serious sexual offenses (RASSO) to help reduce the gap between reported cases and prosecutions. The plan is committed to improving cooperation between police and prosecutors, fully resourcing RASSO units, and training to improve communication with victims.

The law criminalizes domestic violence. Those who abuse spouses, partners, or family members face tougher punishment than those who commit similar offenses in a nondomestic context. The government estimated that there were 2.3 million survivors of domestic abuse a year between the ages of 16 and 74 (two-thirds of whom were women), and more than one in 10 of all offenses recorded by the police were domestic abuse-related. On April 29, the Domestic Abuse Act became law. It creates a statutory definition of domestic abuse, establishes the office of Domestic Abuse Commissioner, provided for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order, and requires local authorities in England to provide accommodation-based support to survivors of domestic abuse and their children in refuges and other safe accommodation. The act no longer allows accused perpetrators to cross-examine witnesses in the courts and establishes a statutory presumption that survivors of domestic abuse are eligible for special measures in the criminal, civil, and family courts. It also widened the offense of disclosing private sexual photographs and films with intent to cause distress, established nonfatal strangulation or suffocation of another person as a new offense, and clarified in statute law the general proposition that a person may not consent to the infliction of serious harm and, by extension, is unable to consent to his or her own death.

On July 21, the government published its Tackling Violence Against Women and Girls Strategy to tackle the crimes of rape, female genital mutilation/cutting, stalking, harassment, and digital crimes such as cyberflashing, “revenge porn,” and “up-skirting.”

Domestic abuse incidents in Scotland reached a 20-year high over 2019/20, with Police Scotland recording 63,000 incidents. Government officials suggested an awareness campaign to encourage survivors to report abuse helped drive the increase.

Police in Northern Ireland recorded 31,174 domestic abuse incidents (19,612 crimes) from June 2020 to July 2021, the highest total for a 12-month period since 2004/05. In January the Northern Ireland Assembly passed domestic abuse legislation criminalizing coercive control in the region for the first time.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and requires health and social care professionals and teachers to report to police cases of FGM/C on girls younger than age 18. It is also illegal to take a British national or permanent resident abroad for FGM/C or to help someone trying to do so. The penalty is up to 14 years in prison. An FGM/C protection order, a civil measure that can be applied for through a family court, offers the means of protecting survivors or at-risk women and girls from FGM/C under the civil law. Breach of an FGM/C protection order is a criminal offense carrying a sentence of up to five years in prison.

FGM/C is illegally practiced in the country, particularly within some diaspora communities from countries where FGM/C is prevalent. The National Health Service reported 2,165 newly recorded cases between January and September.

The government took nonjudicial steps to address FGM/C, including awareness-raising efforts, a hotline, and requiring medical professionals to report FGM/C observed on patients.

Sexual Harassment: The law criminalizes sexual harassment at places of work. Authorities used different laws to prosecute cases of harassment outside the workplace.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The government provided access to sexual and reproductive health services for survivors of sexual violence. Health policy was devolved to constituent parts of the country.

Discrimination: The law provides the same legal status and rights for women and men. The government enforced the law effectively. Women were subject to some discrimination in employment (see also section 7.d.).

Children

Birth Registration: A child born in the UK receives the country’s citizenship at birth if one of the parents is a UK citizen or a legally settled resident. Children born in Northern Ireland may opt for UK, Irish, or dual citizenship. A child born in an overseas territory is a UK overseas territories citizen if at least one of the child’s parents has citizenship. All births must be registered within 42 days in the district where the baby was born; unregistered births were uncommon.

Child Abuse: Laws make the abuse of children punishable by up to a maximum sentence of 14 years’ imprisonment. Social service departments in each local authority in the country maintained confidential child protection registers containing details of children at risk of physical, emotional, or sexual abuse or neglect. The registers also included child protection plans for each child.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 16. In England, Northern Ireland, and Wales, persons younger than 18 require the written consent of parents or guardians, and the underage person must present a birth certificate. The legal minimum age to enter into a marriage in Scotland is 16 and does not require parental consent.

Forcing someone to marry against his or her will is a criminal offense throughout the country with a maximum prison sentence of seven years. Forcing a UK citizen into marriage anywhere in the world is a criminal offense in England and Wales. In 2020 the joint Foreign, Commonwealth, and Development Office and the Home Office Forced Marriage Unit (FMU) provided support in more than 759 cases of potential or confirmed forced marriage involving UK citizens, which represented a 44 percent decrease from 2019, attributable to restrictions on overseas travel and weddings due to the COVID-19 pandemic. Of the cases that the FMU provided advice or support to in 2020, 199 cases (26 percent) involved victims younger than 18 years, 278 cases (37 percent) involved victims ages 18-25, 66 cases (9 percent) involved victims with mental capacity concerns, 603 cases (79 percent) involved female victims, and 156 cases (21 percent) involved male victims.

Assistance included safety advice as well as “reluctant spouse cases” in which the government assisted forced marriage victims in preventing their unwanted spouse from moving to the UK. The government offers lifelong anonymity for victims of forced marriage to encourage more to come forward.

In Scotland, 12 cases of forced marriage were reported in 2020, down from 22 in 2018.

Sexual Exploitation of Children: The penalties for sexual offenses against children and the commercial sexual exploitation of children range up to life imprisonment. Authorities enforced the law. The law prohibits child pornography. The minimum age of consensual sex is 16.

International Child Abductions: The UK, including Bermuda, is party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law does not cover workers in the armed forces, public-sector security services, police forces, and freelance or temporary work. The law prohibits antiunion discrimination and protects employees from unfair dismissal while striking for up to 12 weeks, provided the union has complied with the legal requirements governing such industrial action. The majority of a union’s members must support the industrial action, as demonstrated through an official ballot, and the union must then inform its members and the employer when and how the industrial action will take place.

The law allows strikes to proceed only when at least 50 percent of workers who participate in a secret ballot support it, and workers have provided 14-day notification of strike action. For “important public services,” defined as health services, education for those younger than 17, fire services, transport services, nuclear decommissioning and the management of radioactive waste and spent fuel, and border security, 40 percent of all eligible union members must vote in favor of the strike action, and ballots require at least a 50 percent turnout to be valid and for strike action to be legal. According to the International Trade Union Confederation (ITUC), the right to strike in the UK is “limited” due to prohibitions against political and solidarity strikes, lengthy procedures for calling strikes, and the ability of employers to seek injunctions against unions before a strike has begun if the union does not observe all legal steps in organizing the strike.

The government generally enforced the law. Remedies were limited in situations where workers faced reprisal for union activity, and ITUC stated that the law does not provide “adequate means of protection against antiunion discrimination.” Penalties range from employers paying compensation to reinstatement and were commensurate with those for similar violations. Inspection was sufficient to enforce compliance. The Department for Business, Energy, and Industrial Strategy funded the Advisory, Conciliation, and Arbitration Service (ACAS), which works to help employees and employers better adhere to collective bargaining and other workplace laws and to improve workplace relationships. If ACAS is not able to settle a dispute, a claim can be brought to the Employment Tribunal.

The government and employers routinely respected freedom of association and the right to collective bargaining. The law allows any workplace with more than 21 workers to organize into a collective bargaining unit if 50 percent of workers agree and the employer accepts the terms. Unions and management typically negotiated collective “agreements,” which were less formal and not legally enforceable. The terms of the agreement could, however, be incorporated into an individual work contract with legal standing.

The law does not allow independent trade unions to apply for de-recognition of in-house company unions or to protect individual workers seeking to do so. The effect has been that some in-house company unions operate with a membership less than the majority of workers.

Trade union membership levels rose for four consecutive years since 2017, driven by the increase in female members and public-sector workers. According to the ONS, 6.56 million employees were trade union members in 2019. Membership levels were below the 1979 peak of more than 13 million.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor.

The law permits punishment of up to life imprisonment for all trafficking and slavery offenses, including sexual exploitation, labor exploitation, and forced servitude. Firms with a global turnover of 36 million pounds ($47.5 million) that supply goods or services in the UK must by law publish an annual statement setting out what steps they are taking to ensure that forced labor is not being used in their operations and supply chain. Foreign companies and subsidiaries that “carry on a business” in the UK also must comply with this law. The law allows courts to impose reparation orders on convicted traffickers and prevention orders to ensure that those who pose a risk of committing human trafficking offenses cannot work in relevant fields, such as with children.

The government effectively enforced the law. Resources and inspections were generally adequate, and penalties were commensurate with other sentences for serious crimes.

Forced labor occurred in the UK involving both foreign and domestic workers, mainly in sectors characterized by low-skilled, low-paid manual labor and heavy use of flexible, temporary workers. Those who experienced forced labor practices tended to be poor, living on insecure and subsistence incomes and in substandard accommodations. Forced labor was normally more prevalent among men, women, and children of the most vulnerable minorities or socially excluded groups. The majority of victims were British nationals including minors or young adults forced by criminal gangs to sell drugs.

Albania and Vietnam were the most likely foreign countries of origin for forced labor. Most labor migrants entered the country legally. Many migrants used informal brokers to plan their journey and find work and accommodation in the UK, enabling the brokers to exploit the migrants through high fees and to channel them into forced labor situations. Many with limited English were vulnerable and trapped in poverty through a combination of debts and constrained opportunities. Migrants were forced to share rooms with strangers in overcrowded houses, and often the work was just sufficient to cover rent and other subsistence charges. Forced labor was the most common form of exploitation reported in the UK, followed by sexual exploitation. Migrant workers were subject to forced labor in agriculture (especially in marijuana cultivation), construction, food processing, service industries (especially nail salons), and on fishing boats. Women employed as domestic workers were particularly vulnerable to forced labor.

In Bermuda there were no reported cases of forced labor during the year. The government effectively enforced the law. Expatriate workers are required to obtain a work permit based on the type of work and the expected length of time of employment in Bermuda. The law requires employers to repatriate work-permit holders. Failure to do so has been a migrant complaint. Cases of worker exploitation largely consisted of employers requiring workers to work longer hours or to perform work outside the scope of their work permit, threatening the status of their permit. Penalties for forced labor were generally commensurate with those for similar serious crimes.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The law prohibits the employment of children younger than 13 with exceptions for sports, modeling, and paid performances, which may require a child performance license, depending on local bylaws. Children younger than 18 are prohibited from working in hazardous environments or after 7 p.m. The law prohibits those younger than 16 from working in an industrial enterprise, including transportation or street trading. Children’s work hours are strictly limited and may not interfere with school attendance. Different legislation governs the employment of persons younger than 16 and, while some laws are common across the UK, local bylaws vary. If local bylaws so require, children between the ages of 13 and 16 must apply for a work permit from a local authority. The local authority’s education and welfare services have primary responsibility for oversight and enforcement of the permits.

The government effectively enforced the law. The Department for Education has primary regulatory responsibility for child labor, although local authorities generally handled enforcement. Penalties were commensurate with equally severe crimes.

In Bermuda, children younger than 13 may perform light work of an agricultural, horticultural, or domestic character if the parent or guardian is the employer. Schoolchildren may not work during school hours or more than two hours on school days. No child younger than 15 may work in any industrial undertaking, other than light work, or on any vessel, other than a vessel where only family members work. Children younger than 18 may not work at night except that those ages 16 to 18 may work until midnight; employers must arrange for safe transport home for girls between ages 16 and 18 working until midnight. Penalties were commensurate with those for similar crimes, and inspection was sufficient to enforce compliance. The government effectively enforced the law. The Bermuda Police Service reported no cases of child labor or exploitation of children during the year.

No cases of child labor were reported in overseas British territories, but gaps in the law made children vulnerable. The governments of Anguilla, the British Virgin Islands, the Falkland Islands (Islas Malvinas), Montserrat, and St. Helena-Ascension-Tristan da Cunha have not developed a list of hazardous occupations prohibited for children. On Anguilla the minimum age for labor is 12 and for hazardous work is 14, allowing children to engage in work deemed hazardous.

There are legislative gaps in the prohibition of trafficking in children for labor exploitation and the use of children for commercial sexual exploitation on the Falkland Islands (Islas Malvinas) and St. Helena-Ascension-Tristan da Cunha. While criminal laws prohibit trafficking in children for sexual exploitation, they do not address trafficking in children for labor exploitation. Laws do not exist in Monserrat regarding the use of children in drug trafficking and other illicit activities. Traffickers subjected children to commercial sexual exploitation in Turks and Caicos.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  for information on UK territories.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment or occupation regarding race, color, sex, religion or belief, political opinion, national origin or citizenship, social origin, disability, sexual orientation, gender identity or reassignment, marriage and civil partnership, being pregnant or on maternity leave, age, language, or HIV or other communicable disease status. The government effectively enforced these laws and regulations.

Discrimination in employment and occupation occurred with respect to race, gender, and sexual orientation and gender identity. Women were paid less than men, and persons with disabilities faced discrimination in hiring, access to the workplace, and training. Ethnic minorities faced difficulty in hiring and attaining promotion, as well as discrimination in the workplace.

The law requires equal pay for equal work. Businesses with more than 250 employees are required to measure, and then report, on how they pay men and women. This affected 8,000 businesses employing approximately 11 million persons. The pay gap has narrowed over the long term for low earners but has remained largely consistent over time for high earners. The Equality and Human Rights Commission is charged with enforcing pay gap reporting requirements. In 2019 the finance sector had the highest pay gap of all sectors, with the average woman earning 35.6 percent less than the average man.

In Northern Ireland the law prohibits discrimination in employment or occupation regarding age, disability, gender or gender reassignment, marital or civil partnership status, pregnancy and maternity, race, sex, sexual orientation, religion, or political affiliation. Teachers applying to work in religious schools, however, are not protected from discrimination on religious grounds. Employers must register with the Northern Ireland Equality Commission if they employ more than 10 persons. Registered employers are required to submit annual reports to the commission on the religious composition of their workforce.

In Scotland the law prohibits discrimination on the basis of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Scottish government introduced a plan in 2019 to address the gender pay gap, estimated at 5.7 percent in 2018. The plan set a goal of reducing the gender pay gap by 2021 and included 50 actions to provide resources and support for working women and mothers.

e. Acceptable Conditions of Work

Wage and Hour Laws: The law provides for a National Living Wage for workers age 23 or older and a National Minimum Wage for workers of at least school leaving age until age 22. Both wages were above the poverty level.

The law limits the workweek to an average of 48 hours, normally averaged over a 17-week period. The law does not prohibit compulsory overtime, but it limits overtime to the 48-hour workweek restriction. The 48-hour-workweek regulations do not apply to senior managers and others who can exercise control over their own hours of work. There are also exceptions for the armed forces, emergency services, police, domestic workers, sea and air transportation workers, and fishermen. The law allows workers to opt out of the 48-hour limit, although there are exceptions for airline staff, delivery drivers, security guards, and workers on ships or boats.

The government effectively enforced the wage and hour laws. Her Majesty’s Revenue and Customs (HMRC) enforces wage payments. The Health and Safety Executive (HSE) enforces maximum working hours. The number of labor inspectors was sufficient to enforce compliance. The HMRC and the HSE can make unannounced inspections and initiate criminal proceedings.

Penalties were generally commensurate with those for similar violations and inspections were sufficient to enforce compliance. Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement through the courts. In August the HMRC named and shamed 191 companies that had failed to pay 2.1 million pounds ($2.8 million) to over 34,000 workers. The companies had to pay back wages owed and fines to the government. The HSE reported violations of wage, hour, or overtime laws were common in the agriculture, chemicals, construction, fairgrounds and theme parks, film and theater, logistics and transport, manufacturing, mining, energy, sports and leisure, utilities, and waste and recycling sectors.

Occupational Safety and Health: The government set appropriate and current occupational safety and health standards. The law stipulates employers may not place the health and safety of employees at risk. The HSE is responsible for identifying unsafe situations, and not the worker, and inspectors had the authority to conduct unannounced inspections, levy fines, and initiate criminal proceedings. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

In response to the COVID-19 pandemic, beginning in March 2020 the government advised citizens to work from home if possible. Employers of “essential workers,” such as hospital staff, grocery store workers, and public works departments, were required to make arrangements to work safely. In July 2020 the government allowed anyone unable to work from home to return to their place of work, as long as their employer had put in place sufficient safety measures. The government issued “COVID-secure” workplace guidance for different sectors of the economy. Employers that fail to meet these standards can be reported to the local authority or the HSE, an arm of the Department for Work and Pensions, which can require employers to take additional steps where appropriate. Certain businesses, such as theaters and live music venues, have been ordered to close to reduce the spread of coronavirus COVID-19, contributing to a steep rise in unemployment.

The HSE effectively enforced occupational health and safety laws in all sectors including the informal economy. The fines for violations were commensurate with those for similar laws. HSE inspectors also advise employers on how to comply with the law. Employers may be ordered to make improvements, either through an improvement notice, which allows time for the recipient to comply, or a prohibition notice, which prohibits an activity until remedial action has been taken. The HSE issued notices to companies and individuals for breaches of health and safety law. The notice may involve one or more instances when the recipient failed to comply with health and safety law, each of which was called a “breach.” The HSE prosecuted recipients for noncompliance with a notice while the Crown Office and Procurator Fiscal Service (COPFS) prosecuted similar cases in Scotland. The International Labor Organization expressed concern that the number of HSE inspectors decreased in recent years, noting that the number of cases brought by the HSE had also declined.

From April 10 to August 14, there were 34,835 disease notifications of COVID-19 in workers where occupational exposure was suspected, including 409 death notifications.

Figures for April 2020 to March 2021 revealed 142 persons were fatally injured at work. An estimated 693,000 workers sustained a nonfatal injury at work according to self-reports in 2019-20. A total of 65,427 industrial injuries were reported in 2019-20 in the UK. The HSE and COPFS prosecuted 342 cases with at least one conviction secured in 325 of these cases, a conviction rate of 95 percent. Across all enforcing bodies, 7,075 notices were issued. The HSE and COPFS prosecutions led to fines totaling 35.8 million pounds ($47.3 million) compared with the 55.3 million pounds ($73 million) in 2018-19.

Bermuda’s legislation does not provide a minimum or living wage, and efforts to introduce one have not progressed. The Bermuda Department of Labour and Training enforces any contractually agreed wage, hours and safety and health standards. Regulations enforced by the department extensively cover the safety of the work environment, occupational safety, and health standards and are current and appropriate for the main industries. By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment. Penalties were commensurate with those for similar violations.

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