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Australia

Section 7. Worker Rights

The law provides for the right of workers to form and join unions and associate freely domestically and internationally, to bargain collectively and to conduct legal strikes. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee, enabling an employee or employer to “opt out” of coverage of the agreement, and anything that breaches the law. Furthermore, the law prohibits multienterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multienterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission (FWC) looks at factors including the current terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation, known as “protected action.” Protected action provides employers, employees, and unions with legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of an agreement and prohibits sympathy strikes. The law permits the government to stop strikes judged to have caused “significant economic harm” to the employer or third parties. Some provinces have further restrictions. For example, in New South Wales the state government may cancel a union’s registration if the government makes a proclamation or calls a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

The government effectively enforced applicable laws. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were generally sufficient to deter violations. The FWC is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the FWC to arbitrate the dispute, or the applicant may pursue a ruling by a federal court.

Unions reported concerns that the scope of collective bargaining had been narrowed in recent years, including through decisions by the FWC, which also affected the right to strike.

The law prohibits all forms of forced or compulsory labor, including by migrant workers.

The government effectively enforced applicable labor laws and convicted four defendants in one case involving forced labor. Most forced labor cases were addressed through civil law.

Some foreign nationals who came to the country for temporary work were subjected to forced labor in sectors such as agriculture, cleaning, construction, hospitality, and domestic service. There were reports that some domestic workers employed by foreign diplomats in Australia faced conditions indicative of forced labor.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

There is no federally mandated minimum age of employment. State minimums vary from no minimum age to age 15. With the exception of Victoria, all states and territories have established 18 years as the minimum age for hazardous work.

There are laws and regulations pertaining to hazardous work across sectors. For example, under the law in Western Australia, an underground worker may not be younger than age 18 unless he or she is an apprentice or a cadet working underground to gain required experience; a person handling, charging, or firing explosives may not be younger than age 18; and a person may not be younger than age 21 to obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations of related laws included fines and were sufficient to deter violations.

The Office of the Fair Work Ombudsman (FWO) actively sought to educate young workers about their rights and responsibilities. Compulsory educational requirements effectively prevented most children from joining the workforce full time until they were age 17. Although some violations of these laws occurred, there was no indication of a child labor problem in any specific sector. There were some reports of commercial sexual exploitation of children (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/  for information on the Australian territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

Federal, state, and territory laws provide for protections against employment discrimination. The HRC reviews complaints of discrimination on the ground of HIV/AIDS status under the category of disability-related complaints.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension (DSP) program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for DSP recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 15.3 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

Persons with disabilities also faced employment discrimination. In 2016-17, the latest year for which such data were available, approximately 33 percent of the complaints about disability discrimination received by the HRC were in the area of employment and 34 percent in the area of goods, services and facilities.

Effective July 1, the FWC increased the national minimum wage for adults working full time (38 hours per week) to A$719.20 ($517), based on a minimum hourly rate of A$18.93 ($13.60). There was no official estimate of the poverty income level.

By law maximum weekly hours are 38 plus “reasonable” additional hours which, by law, must take into account factors such as an employee’s health, family responsibilities, ability to claim overtime, pattern of hours in the industry, and amount of notice given. An employee may refuse to work overtime if the request is “unreasonable.”

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. By law both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The FWO provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsperson also has authority to prosecute employers who do not meet their obligations to workers. FWO inspectors may enter work sites if they reasonably believe it is necessary to ensure compliance with the law. The number of FWO inspectors was sufficient to enforce compliance. Inspectors can order employers to compensate employees and sometimes assess fines. Penalties were generally sufficient to deter violations, but there were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns. In New South Wales, for example, an individual can be sentenced a maximum of five years’ imprisonment, receive a maximum fine of A$300,000 ($215,500), or both, and a business can be fined up to A$3 million ($2.15 million) for exposing an individual to serious injury or illness.

Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts. Temporary workers include both part-time and casual employees. Part-time employees have set hours and the same entitlements as full-time employees. Casual employees are employed on a daily or hourly wage basis. They do not receive paid annual or sick leave, but the law mandates they receive additional pay to compensate for this, which employers generally respected. Migrant worker visas require that employers respect employer contributions to retirement funds and provide bonds to cover health insurance, worker’s compensation insurance, unemployment insurance, and other benefits.

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the FWO’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the FWO continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled-worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas. A 417 “Working Holiday” visa-holder inquiry recently found the requirement to do 88 days of specified, rural paid work in order to qualify for a second-year visa enabled some employers to exploit overseas workers.

Safe Work Australia, the government agency responsible to develop and coordinate national workplace health and safety policy, cited a preliminary estimate that 115 workers died while working during the year. Of these fatalities, 37 were in the transport, postal, and warehousing sectors; 32 in the agriculture, forestry, and fishing sectors; and 20 in construction.

Brazil

Section 7. Worker Rights

The law provides for freedom of association for all workers (except members of the military, military police, and firefighters), the right to bargain collectively with some restrictions, and the right to strike. The law limits organizing at the enterprise level. By law the armed forces, military police, or firefighters may not strike. The law prohibits antiunion discrimination, including the dismissal of employees who are candidates for, or holders of, union leadership positions, and it requires employers to reinstate workers fired for union activity.

New unions must register with the Ministry of Labor, which accepts the registration unless objections are filed by other unions. The law stipulates certain restrictions, such as unicidade (in essence one union per occupational category per city), which limits freedom of association by prohibiting multiple, competing unions of the same professional category in a single geographical area. Unions that represent workers in the same geographical area and professional category may contest registration.

The law stipulates a strike may be ruled “disruptive” by the labor court, and the union may be subjected to legal penalties if the strike violates certain conditions, such as if the union fails to maintain essential services during a strike, notify employers at least 48 hours before the beginning of a walkout, or end a strike after a labor court decision. Employers may not hire substitute workers during a legal strike or fire workers for strike-related activity, provided the strike is not ruled abusive. In April the Supreme Court ruled against the right of civil police to strike, stating all public security organs are prohibited from striking, including civil police, military police, federal police, fire brigades, railway police, and highway police. Civil police officials filed a grievance with the International Labor Organization (ILO).

The law obliges a union to negotiate on behalf of all registered workers in the professional category and geographical area it represents, regardless of whether an employee pays voluntary membership dues. The law permits the government to reject clauses of collective bargaining agreements that conflict with government policy. A July 2017 law includes collective bargaining changes, such as the ability to negotiate remuneration for the commute to and from work, working remotely, and a flexible hours schedule.

Freedom of association and the right to collective bargaining were generally respected. Collective bargaining was widespread in establishments in the private sector. Worker organizations were independent of the government and political parties. The Ministry of Labor suspended union registration processes for a period of 90 days beginning on July 23 after a police investigation uncovered evidence that nonexistent unions were being registered fraudulently.

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of labor exploitation. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Labor publishes a “Dirty List” of companies found to have employed forced labor. Inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the ILO, maintained an online platform that identified hotspots for forced labor.

The National Commission to Eradicate Slave Labor coordinated government efforts to combat forced and exploitative labor and provide a forum for input from civil society actors. The commission’s members included representatives from 10 government agencies or ministries–including Human Rights, Justice, Federal Police, Agriculture, Labor, and Environment–and 20 civil society groups and the private sector. The ILO was also a member.

The Ministry of Labor’s Mobile Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and federal police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted. Workers removed by mobile units were entitled to three months’ salary at the minimum wage. In early August ministry investigators rescued 18 workers who were laboring on coffee plantations in conditions analogous to slavery.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, raising livestock, and other agricultural activities. Forced labor often involved young men drawn from the less-developed northeastern states–Maranhao, Piaui, Tocantins, and Ceara–and the central state of Goias to work in the northern and central-western regions of the country. In addition there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, particularly Bolivia, Peru, and Paraguay, while others came from Haiti, South Korea, and China.

According to Global Slavery Index 2018 data, an estimated 369,000 persons were living in modern slavery. These individuals were concentrated in areas that had experienced rapid economic development, mainly in the agricultural sector.

In January labor inspectors rescued 10 men working in “slave-like conditions” in a salt production company in the municipality of Araruama in the state of Rio de Janeiro. The laborers were living in filthy and makeshift accommodations and did not have appropriate equipment to work. The Labor Prosecutor’s Office required employers to terminate their contracts, compensate the victims, and pay unemployment insurance for the rescued workers.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum working age is 16, and apprenticeships may begin at age 14. The law bars all minors younger than age 18 from work that constitutes a physical strain or occurs in unhealthy, dangerous, or morally harmful conditions. Hazardous work includes an extensive list of activities within 13 occupational categories, including domestic service, garbage scavenging, and fertilizer production. The law requires parental permission for minors to work as apprentices.

According to the Ministry of Labor, in the last two decades, the number of underage working children declined from eight million to 2.7 million. The remaining cases were the most difficult to identify because they often took place in inaccessible rural areas or within a family home.

The Ministry of Labor is responsible for inspecting worksites to enforce child labor laws. Penalties for violations range from 402 reais to 1,891 reais ($105 to $500), doubling for a second violation and tripling for a third, and were generally enforced; however, observers asserted fines were usually too small to serve as an effective deterrent. Most inspections of children in the workplace were driven by complaints brought by workers, teachers, unions, NGOs, and media. Due to legal restrictions, labor inspectors remained unable to enter private homes and farms, where much of the child labor allegedly occurred.

In May a study published by Abrinq Foundation, a Sao Paulo-based entity devoted to the protection of children’s rights, found that 3.3 million children and adolescents (ages five to 17) were in a situation of child labor, including in activities involving bananas, cacao, coffee, corn, fish, hogs, poultry, sheep, and sugarcane. The Ministry of Labor’s National Committee for the Eradication of Child Labor continued to implement the country’s National Plan to Combat Child Labor and maintained a database on the worst forms of child labor occurring in the country.

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

Labor laws and regulations prohibit discrimination on the basis of race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Labor implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, and career advancement, the law was not enforced and discrimination existed.

The law provides for a minimum wage. The minimum wage was greater than the official poverty income level. According to 2016 Brazilian Institute of Geography and Statistics (IBGE) data, however, the per capita income of approximately 40 percent of workers was below the minimum wage. IBGE data also revealed 6.8 percent of workers (12.9 million) were considered “extremely poor” or earning less than 70 reais ($18.40) per month. The Ministry of Labor verified enforcement of minimum wage laws as part of regular labor inspections. Penalties alone were not sufficient to deter violations.

The law limits the workweek to 44 hours and specifies a weekly rest period of 24 consecutive hours, preferably on Sundays. The law also provides for paid annual vacation, prohibits excessive compulsory overtime, limits overtime to two hours per workday, and stipulates that hours worked above the monthly limit must be compensated with at least time-and-a-half pay; these provisions generally were enforced for all groups of workers in the formal sector. The constitution also provides for the right of domestic employees to work a maximum of eight hours of per day, a maximum of 44 hours’ work per week, a minimum wage, a lunch break, social security, and severance pay.

The Ministry of Labor sets occupational, health, and safety standards that are consistent with internationally recognized norms, although unsafe working conditions were prevalent throughout the country, especially in construction. The law requires employers to establish internal committees for accident prevention in workplaces. It also provides for the protection of employees from being fired for their committee activities. Workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment, although those in forced labor situations without access to transportation were particularly vulnerable to situations that endangered their health and safety.

In March the regional labor court in Sao Paulo upheld the conviction of M5 Industria e Comercio, owner of the M.Officer brand, under the state’s antislavery law for dumping. The court found M5 had been contracting its production out to firms that hired immigrant persons, who were forced to work beyond the legal maximum number of hours and in unsafe conditions. The court also confirmed the fine of six million reais ($1.6 million).

The Ministry of Labor addressed problems related to acceptable conditions of work such as long workdays and unsafe or unhygienic work conditions. Penalties for violations include fines that vary widely depending on the nature of the violation; the fines were generally enforced and were sometimes sufficient to deter violations. The National Labor Inspection School held various training sessions for labor inspectors throughout the year. The Ministry of Labor reported the number of labor inspectors (2,367) in the country was insufficient to enforce full compliance nationwide. Inspections continued to take place despite reduced funding, leading to fewer inspectors and inspections.

According to the IBGE, 33.3 million persons were employed in the formal sector as of May 2017. The IBGE also reported 22.9 million persons were working in the informal economy, an increase of 5 percent, compared with 2016.

Ecuador

Section 7. Worker Rights

The law, with some exceptions, provides for the rights of workers to form and join trade unions of their choice, bargain collectively, and conduct legal strikes. The law prohibits the dismissal of union members from the moment a union notifies the labor inspector of its general assembly until the formation of its first executive board, the first legal steps in forming a union. Employers are not required to reinstate workers fired for union activity but are required to pay compensation and fines to such workers. According to a May 1 article in El Universo, the country’s 2,569 labor unions represented 4 to 8 percent of all public and private workers.

The Ministry of Labor reported the registration of 52 new labor organizations as of May 1. Companies that dismiss employees attempting to form a union or that dismiss union members exercising their rights face a fine of one year’s annual salary for each individual wrongfully let go. Individual workers still employed may take complaints against employers to the Labor Inspection Office. Individuals no longer employed may take their complaints to courts charged with protecting labor rights. Unions may also take complaints to a tripartite arbitration board established to hear these complaints. These procedures often were subject to lengthy delays and appeals.

All private employers with a union are required to negotiate collectively when the union so requests. The law requires a minimum of 30 workers for the creation of an association, work committee, or labor union, and it does not allow foreign citizens to serve as trade union officers. On April 12, the Ministry of Labor authorized, through ministerial resolutions, eight new types of labor contracts, with specific provisions for the flower, palm, fishing, livestock, and construction sectors.

The law provides for the right of private-sector employees to strike on their own behalf and conduct three-day solidarity strikes or boycotts on the behalf of other industries. The law also establishes, however, that all collective labor disputes be referred to courts of conciliation and arbitration. In 2014 the International Labor Organization (ILO) called on the government to amend this provision by limiting such compulsory arbitration to cases where both parties agree to arbitration and the strike involves the public servants who exercise authority in the name of the state or who perform essential services. As of July 30, the government had not taken any action.

In most industries the law requires a 10-day “cooling-off” period from the time a strike is declared before it can take effect. In the case of the agriculture and hospitality industries, where workers are needed for “permanent care,” the law requires a 20-day “cooling-off” period from the day the strike is called, and workers cannot take possession of a workplace. During this time workers and employers must agree on how many workers are needed to ensure a minimum level of service, and at least 20 percent of the workforce must continue to work to provide essential services. The law provides that “the employer may contract substitute personnel” only when striking workers refuse to send the number of workers required to provide the minimum necessary services.

The law prohibits formation of unions and restricts the right to collective bargaining and striking of public-sector workers in “strategic sectors.” Such sectors include workers in the health, environmental sanitation, education, justice, firefighting, social security, electrical energy, drinking water and sewage, hydrocarbon production, fuel processing, transport and distribution, public transportation, and post and telecommunications sectors. Some of the sectors defined as strategic exceed the ILO standard for essential services. Workers in these sectors attempting to strike may face charges with penalties of between two and five years’ imprisonment. The government effectively enforced the law. There were no reports of strikes by workers from strategic sectors during the year. All unions in the public sector fall under the Confederation of Public Servants. Although the vast majority of public-sector workers also maintained membership in labor-sector associations, the law does not allow such associations to bargain collectively or strike. In 2015 the National Assembly amended the constitution to specify that only the private sector could engage in collective bargaining.

Government efforts to enforce legal protections of freedom of association and the right to collective bargaining often were inadequate and inconsistent. Employers did not always respect freedom of association and collective bargaining. Although independent, unions often had strong ties to political movements.

The law prohibits all forms of forced or compulsory labor, including all forms of labor exploitation; child labor; illegal adoption; servile marriage; and the sale of tissues, fluids, and genetic materials of living persons. Penalties under this article range from 13 to 16 years’ imprisonment. The law penalizes forced labor and other forms of exploitative labor, including all labor of children younger than age 15. Penalties for forced or exploitative labor are 10 to 13 years’ imprisonment.

Limited resources, limited presence in parts of the country, and inadequate victim services hampered the effectiveness of police and prosecutors. NGOs and media outlets continued to report that children were being subjected to forced criminality, particularly drug trafficking. On June 1, the Ministry of Justice confirmed there were 1,100 underage offenders in the country, many of whom were recruited by organized-crime groups to participate in drug trafficking and gang activity.

Reports of forced labor of children (see section 7.c.) and women persisted. Observers most frequently reported women as victims of sex trafficking or of working in private homes under conditions that may amount to human trafficking. On July 30, Ministry of Interior officials reported law enforcement agents rescued 40 victims of sex trafficking in the first seven months of the year.

Indigenous Afro-Ecuadorians, as well as Colombian refugees and migrants (see section 7.d.), were particularly vulnerable to human trafficking. Traffickers often recruited children from impoverished families under false promises of employment; these children were then forced to beg or to work as domestic servants, in sweatshops, or as street and commercial vendors within the country or in other South American countries. Women and children were exploited in forced labor and sex trafficking abroad, including in other South American countries, the United States, and Europe. The country is a destination for Colombian, Peruvian, Paraguayan, and Cuban women and girls exploited in sex trafficking, domestic servitude, and forced begging.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. It sets the minimum working age for minors at 15 for all types of labor and the maximum hours a minor may work at six hours per day, five days per week. The law requires employers of minors who have not completed elementary school to give them two additional hours off from work to complete studies. The law requires employers to pay minors the same wages received by adults for the same type of employment and prohibits minors under the age of 18 from working in “dangerous and unhealthy” conditions. A 2015 ministerial accord lists 27 economic activities that qualify as dangerous and unhealthy. Other illegal activities, including slavery, prostitution, pornography, and drug trafficking, are punishable. The law identifies work that is “likely to harm the health, safety, or morals of a child,” which includes work in mines, garbage dumps, slaughterhouses, livestock, fishing, textiles, logging, and domestic service, as well as any work environment requiring exposure to toxic or dangerous substances, dust, dangerous machinery, or loud noises.

The law establishes penalties for violations of child labor laws, including fines and closure of the business. Fines range from $50 to $300 for parents or guardians and $200 to $1,000 for employers hiring children younger than age 15. Although penalties were enforced, they were not sufficient to deter violations. If an employer commits a second child labor violation, inspectors may close the business temporarily. The law authorizes labor inspectors to conduct inspections at factories, workshops, and any other location when they consider it appropriate or when an employer or worker requests an inspection.

The Ministries of Labor and of Economic and Social Inclusion and the Minors’ Tribunal are responsible for enforcing child labor laws.

Statistics from the National Institute of Statistics and Census (INEC) and the National Survey of Employment, Unemployment, and Underemployment reported in March 2017 a total of 522,656 children and adolescents between the ages of five and 17 working in the country. According to the newspaper El Tiempo, the provinces of Azuay, Cotopaxi, and Chimborazo had the highest child labor rates. In a 2015 INEC study, more than 73 percent of child laborers up to age 14 worked in agriculture, while trade and manufacturing represented 12.2 percent and 5.5 percent, respectively, of the overall child labor rate.

Several labor organizations and NGOs reported child labor in the formal-employment sectors continued to decline. According to these groups, it was rare in virtually all formal-sector industries due to an increased number of government inspections, improved enforcement of government regulations, and self-enforcement by the private sector. For example, in the past several years, banana producers working with the Ministry of Agriculture and unions on a plan to eliminate child labor formed committees to certify when plantations used no child labor. These certification procedures do not apply to the informal sector.

Child labor remained a problem in the informal sector. In rural areas children were most likely found working in family-owned farms or businesses, including banana and rose farms. Labor organizations reported children were largely removed from the most heavy and dangerous work. Additionally, there were reports of rural children working in small-scale, family-run brick-making and gold-mining operations. In urban areas many children under age 15 worked informally to support themselves or to augment family income by peddling on the street, shining shoes, or begging.

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

The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. The law prohibits employers from using discriminatory criteria in hiring, discriminating against unions, and retaliating against striking workers and their leaders. The government did not effectively enforce those laws and regulations.

Employment discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. On October 4, El Telegrafo reported the Ministry of Labor received 347 complaints from employees about workplace harassment between 2015 and 2017. On August 24, the National Assembly approved a series of labor reforms for employees in the public and private sectors to prevent workplace harassment.

Afro-Ecuadorians continued to demand more opportunities in the workforce and complained that employers often profiled them based on their job application photographs. Indigenous and LGBTI individuals also experienced employment discrimination.

The law provides for a minimum monthly wage, which was set at $394 as of December. Additional benefits mandated by law correspond to 40 percent of this salary. The official poverty level was $85.58 per month, and the official extreme poverty level was $48.23 per month.

The law limits the standard work period to 40 hours a week, eight hours a day, with two consecutive days of rest per week. Miners are limited to six hours a day and may only work one additional hour a day with premium pay. Premium pay is 1.5 times the basic salary for work done from 6 a.m. to 12 p.m. Work done from 12 a.m. to 6 a.m. receives twice the basic salary, although workers whose standard shift is at night receive a premium of 25 percent instead. Premium pay also applies to work on weekends and holidays. Overtime is limited to no more than four hours a day and a total of 12 hours a week. Mandatory overtime is prohibited. Workers are entitled to a continuous 15-day annual vacation, including weekends, plus one extra day per year after five years of service. Different regulations regarding schedule and vacations apply to live-in domestic workers. The law mandates prison terms for employers who do not comply with the requirement of registering domestic workers with the Social Security Administration.

The law provides for the health and safety of workers and outlines health and safety standards, which were current and appropriate for the country’s main industries. These regulations and standards were not applied in the informal sector, which employed more than 45 percent of the working population.

The Ministry of Labor reported there were 150 labor inspectors responsible for enforcing all labor laws. According to the ministry, the inspectors completed six general and comprehensive inspections each month. The government, the ILO, and civil society organizations all agreed that the number of inspectors was insufficient to ensure adequate coverage of the entire country. According to the ILO’s technical advice of a ratio of approximately one inspector for every 15,000 workers in developing economies, the country should employ approximately 535 inspectors.

Authorities may conduct labor inspections by appointment or after a worker complaint. If a worker requests an inspection and a Ministry of Labor inspector confirms a workplace hazard, the inspector then may close the workplace. Labor inspections generally occurred because of complaints, not as a preventive measure, and inspectors could not make unannounced visits. In some cases violations were remedied, but other cases were subjected to legal challenges that delayed changes for months. Penalties were limited to monetary fines between $950 and $6,360; they were not sufficient to deter violations and were often not enforced.

The Ministry of Labor continued its enforcement reforms by increasing labor inspections and increasing the number of workers protected by contracts, minimum wage standards, and registration for social security benefits.

Most workers worked in the large informal sector and in rural areas. They were not subject to the minimum wage laws or legally mandated benefits. Occupational health and safety problems were more prevalent in the large informal sector. The law singles out the health and safety of miners, but the government did not enforce safety rules in informal small-scale mines, which made up the vast majority of enterprises in the mining sector. Migrants and refugees were particularly vulnerable to hazardous and exploitative working conditions.

Workers in the formal sector could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers in the informal sector received far fewer labor protections, and they were less likely to be able to remove themselves from dangerous health or safety situations without jeopardy to their employment.

Germany

Section 7. Worker Rights

The constitution, federal legislation, and government regulations provide for the right of employees to form and join independent unions, bargain collectively, and conduct legal strikes. Wildcat strikes are not allowed. The law prohibits antiunion discrimination and offers legal remedies to claim damages, including the reinstatement of unlawfully dismissed workers.

Some laws and regulations limit these labor rights. While civil servants are free to form or join unions, their wages and working conditions are determined by legislation, not by collective bargaining. All civil servants (including some teachers, postal workers, railroad employees, and police) and members of the armed forces are prohibited from striking. In June the Federal Constitutional Court upheld the prohibition on civil servants’ right to strike, rejecting a motion from four teachers seeking permission to strike. The court also held that the prohibition is consistent with the European Convention on Human Rights.

Employers are generally free to decide whether to be a party to a collective bargaining agreement. Even if they decide not to be a party, companies must apply the provisions of a collective agreement if the Ministry of Labor and Social Affairs declares a collective bargaining agreement generally binding. Employers not legally bound by collective bargaining agreements often used them to determine part or all of their employees’ employment conditions. Employers may contest in court a strike’s proportionality and a trade union’s right to take strike actions. The law does not establish clear criteria on strikes, and courts often rely on case law and precedent.

The government enforced applicable laws effectively. Actions and measures by employers to limit or violate freedom of association and the right to collective bargaining are considered unlawful and lead to fines. Penalties were adequate and remediation efforts were sufficient.

Laws regulate cooperation between management and work councils, including the right of the workers to information about company operations that could affect them. Work councils are independent from labor unions but often have close ties to the sector’s labor movement. The penalty for employers who interfere in work councils’ elections and operations is up to one year in prison or a fine. Findings from 2017 showed that a considerable number of employers interfered with the election of work council members or tried to deter employees from organizing new work councils. This led to calls by labor unions to strengthen legislation that shields employees seeking to exercise their rights under the law.

In response to a parliamentary inquiry submitted in February, North Rhine-Westphalia’s justice ministry disclosed that in 2017 it responded to 47 complaints on the obstruction of work councils. No wrongdoing was found in 38 cases, eight investigations were pending, and one case resulted in an indictment.

The constitution and federal law prohibit all forms of forced or compulsory labor. Penalties for forced labor range from six months to 10 years in prison and were generally sufficient to deter violations.

The government effectively enforced the law when they found violations, but NGOs questioned the adequacy of resources to investigate and prosecute the crime. Some traffickers received suspended sentences, consistent with the country’s sentencing practices for most types of crime.

There were reports of forced labor involving adults, mainly in construction and the food service industry. There were also reported cases in domestic households and industrial plants. In 2017 police completed 11 labor-trafficking investigations that identified 180 victims, mostly from Macedonia (29 percent) Romania (22 percent), and Latvia (22 percent). The nationality of 39 victims (22 percent) was unknown.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours and occupational safety and health restrictions for children. The law prohibits the employment of children younger than 15 with a few exceptions: Children who are 13 or 14 may perform work on a family-run farm for up to three hours per day or perform services such as delivering newspapers, babysitting, and dog walking for up to two hours per day, if authorized by their custodial parent. Children between the ages of 13 and 15 may not work during school hours, before 8 a.m. or after 6 p.m.; or on Saturdays, Sundays, or public holidays. The type of work must not pose any risk to the security, health, or development of the child and must not prevent the child from obtaining schooling and training. Children are not allowed to work with hazardous materials, carry or handle items weighing more than 22 pounds, perform work requiring an unsuitable posture, or engage in work that exposes them to the risk of an accident. Children between the ages of three and 14 may take part in cultural performances, but there are strict limits on the kind of activity, number of hours, and time of day.

The government effectively enforced the applicable laws and penalties were generally sufficient to deter violations. Isolated cases of child labor occurred in small, family-owned businesses, such as cafes, restaurants, family farms, and grocery stores. Inspections by the regional inspection agencies and the resources and remediation available to them were adequate to ensure broad compliance.

The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.

The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer remains inactive or fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were sufficient to deter violations.

In 2017 FADA’s quadrennial report found serious discrimination risks at the country’s employment agencies. For example, staff at government-run local employment agencies discriminated against single parents or persons with disabilities, in some instances, leading to missed opportunities for job seekers. FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. FADA stated the majority of complaints concerned the private sector, where barriers for persons with disabilities persisted.

In 2017, three female teachers in Berlin filed separate lawsuits against schools after not being hired, accusing the schools of having rejected them because they wore headscarves. The schools invoked the neutrality act that prohibits teachers from wearing religious symbols at work. In February, one defendant received 8,680 euros ($9,980) after the Berlin labor court concluded the school violated equal opportunity laws. In May the same court found against the second teacher, ruling that the state administration had the right to transfer its teachers to any other post of the same salary level. In July the Berlin labor court decided in favor of the third complainant, ordering compensation of approximately 7,000 euros ($8,050).

In November the State Labor Court of Berlin and Brandenburg awarded approximately 5,000 euros ($5,750) in compensation to a job applicant for discrimination on the grounds of religion. The job applicant, a trained information technology (IT) expert, claimed that her job application to work as a teacher was denied because she wore a headscarf. The trained IT expert had applied for a post as a teacher. In May the local labor court had ruled that because teachers served as a model for young students, the school was justified in limiting her religious freedom and asking her to teach without her headscarf. The state court saw no indication that the teacher wearing a headscarf would have threatened “school peace,” quoting the Federal Constitutional Court’s 2015 decision that this was a necessary condition for prohibiting teacher’s from wearing headscarves.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2017–16.56 euros ($19.04)–were on average 21 percent lower than those of men, which were 21 euros ($24). It blamed pay differences in sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations (see section 7.d.). FADA reported women were at a disadvantage regarding promotions, often due to career interruptions for child rearing.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) by 2017 and to report on their performance. Consequently, the share of women on supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to 30 percent in 2017. Meanwhile, the representation of women on management boards in the top 200 companies remained at 8 percent.

There were also reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.4 percent in 2017, remaining considerably higher than that of the general population (on average 5.7 percent for 2017). Employers with 20 or more employees must hire persons with more significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2017 more than 123,000 employers did not employ enough persons with disabilities and paid fines.

The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.

The nationwide statutory minimum wage is 8.84 euros ($10.17) per hour, which represents 47 percent of the median hourly wage for full-time employees in the country, hence below the internationally defined “at-risk-of poverty threshold,” which is two-thirds of the national median wage. The minimum wage does not apply to persons under 18, long-term unemployed persons during their first six months in a new job, or apprentices undergoing vocational training, regardless of age. Sectors setting their own higher minimum wages through collective bargaining, included construction, the electrical trades, painting, scaffolding, roofing, financial services, forestry and gardening, stonemasonry and chimney sweeping, cleaning services, nursing care, meat processing, the vocational training industry, special mining services, and temporary employment agencies.

The government effectively enforced the laws and monitored the compliance with the statutory and sector-wide minimum wages and hours of work through the Customs Office’s Financial Control Illicit Work Unit (FKS). The FKS conducted checks on 52,000 companies in 2017 and initiated 5,442 criminal proceedings. Employees may sue companies if employers fail to comply with the Minimum Wage Act, and courts may sentence employers who violate the provisions to pay a substantial fine.

Federal regulations set the standard workday at eight hours, with a maximum of 10 hours, and limit the average workweek to 48 hours. For the 78 percent of employees who are directly or indirectly affected by collective bargaining agreements, the average agreed working week under current agreements is 37.7 hours. According to the Federal Statistical Office, the actual average workweek of full-time employees was 41.7 hours in 2016. The law requires a break after no more than six hours of work, stipulates regular breaks totaling at least 30 minutes, and sets a minimum of 24 days of paid annual leave in addition to official holidays. Provisions for overtime, holiday, and weekend pay varied, depending upon the applicable collective bargaining agreement. Such agreements or individual contracts prohibited excessive compulsory overtime and protected workers against arbitrary employer requests.

Extensive laws and regulations govern occupational safety and health. A comprehensive system of worker insurance carriers enforced safety requirements in the workplace.

The Federal Ministry of Labor and Social Affairs and its state-level counterparts monitored and enforced occupational safety and health standards through a network of government bodies, including the Federal Agency for Occupational Safety and Health. At the local level, professional and trade associations–self-governing public corporations with delegates representing both employers and unions–as well as work councils oversaw worker safety. The number of inspectors was sufficient to ensure compliance.

While the number of work accidents continued to decline among full-time employees, workplace fatalities increased to 451 in 2017, up from 425 in 2016. Most accidents occurred in the construction, transportation, postal logistics, wood, and metalworking industries.

Italy

Section 7. Worker Rights

The law provides for the right of workers to establish and join independent unions, bargain collectively, and conduct legal strikes. Antiunion discrimination is illegal, and employees fired for union activity have the right to request reinstatement, provided their employer has more than 15 workers in a unit or more than 60 workers in the country.

The law prohibits union organization of the armed forces. The law mandates that strikes affecting essential public services (such as transport, sanitation, and health services) require longer advance notification and prohibits multiple strikes within days of each other in those services. The law only allows unions that represent at least half of the transit workforce to call a transit strike.

The government effectively enforced these laws. Employers who violate the law are subject to fines, imprisonment, or both. These penalties were generally sufficient to deter violations, although administrative and judicial procedures were sometimes subject to lengthy delays. Judges effectively sanctioned the few cases of violations.

The government and employers generally respected freedom of association and the right to bargain collectively, although there were instances in which employers unilaterally annulled bargaining agreements. Employers continued to use short-term contracts and subcontracting to avoid hiring workers with bargaining rights.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Penalties for violations were sufficiently stringent to deter violations. The actual sentences given by courts for forced and compulsory labor, however, were significantly lower than those provided by law. The law provides stiff penalties for illicit middlemen and businesses that exploit agricultural workers, particularly in the case of forced labor but also in cases of general exploitation. It identifies the conditions under which laborers may be considered exploited and includes special programs in support of seasonal agricultural workers. The law punishes illegal recruitment of vulnerable workers and forced work (the so-called caporalato). Penalties range from fines to the suspension of a company’s license to conduct commercial activities. In 2017, the most recent year for which data are available, the Ministry of Labor and Social Policies dedicated an increased amount of attention to this problem. Government labor inspectors and the Carabinieri carried out 7,265 inspections of agricultural companies, and identified 5,222 irregular workers, of which 3,549 were undeclared workers (off the books) and 230 were foreign workers without residence permits. These irregularities remained in line with 2016 figures.

Forced labor occurred during the year. Workers were subjected to debt bondage in construction, domestic service, hotels, restaurants, and agriculture, especially in the south, according to the NGO Parsec. There continued to be anecdotal evidence that limited numbers of Chinese nationals were forced to work in textile factories, and that criminal groups coerced persons with disabilities from Romania and Albania into begging. There were also limited reports that children were subjected to forced labor (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children under the age of 16. There are specific restrictions on employment in hazardous or unhealthy occupations for minors, such as activities involving potential exposure to hazardous substances, mining, excavation, and working with power equipment. Penalties for employing child labor include heavy fines or the suspension of a company’s commercial activities. Government enforcement was generally effective in the formal economy. Enforcement was not effective in the relatively extensive informal economy, particularly in the south and in family-run agricultural businesses.

There were some limited reports of child labor during the year, primarily among migrant or Romani communities. In 2017, the most recent year for which data was available, labor inspectors and Carabinieri officers identified 220 underage laborers. The number of irregular migrants between the ages of 15 and 18 entering the country by sea from North Africa decreased. According to the Ministry of the Interior, the number of unaccompanied minors arriving in the country by sea dropped from 15,779 in 2017 to 3,177 as of September. Most of these minors were from Sub-Saharan Africa. The majority arrived in Sicily, and many remained there in shelters, while others moved to other parts of the country or elsewhere in Europe.

The law provides for the protection of unaccompanied foreign minors, creating a system of protection that manages minors from the time they arrive until they reach the age of majority and can support themselves. As of the end of January, the Ministry of Labor and Social Policies had identified 14,939 unaccompanied minors, of whom 4,332 had left the shelters assigned to them. Of those assisted, 93 percent were boys and 84 percent were 16 or 17 years of age. Girls were 7 percent of the total with 60 percent from Eritrea and Nigeria; this group was especially vulnerable to sexual abuse and violence.

The Ministry of Labor and Social Policies recognized that unaccompanied minors were more vulnerable to becoming child laborers and worked to prevent exploitation by placing them in protected communities that provided education and other services. The law also created a roster of vetted and trained voluntary guardians at the juvenile court-level to help protect unaccompanied minors. According to a report by Save the Children, there are still elements of the law that have yet to be fully implemented across the country, but significant progress was made. Over 4,000 volunteers became guardians and supported migrants integrating into local communities.

The law prohibits discrimination in respect of employment and occupation. There were some media reports of employment discrimination based on race or ethnicity. Unions criticized the government for providing insufficient resources to UNAR to intervene in all cases of discrimination and for the lack of adequate legal measures to address new types of discrimination.

Discrimination based on gender, religion, disability, sexual orientation, and gender identity also occurred. The government implemented some information campaigns, promoting diversity and tolerance, including in the workplace.

In many cases victims of discrimination were unwilling to request the forms of protection provided by employment laws or collective contracts, according to labor unions. According to Eurostat, in 2016 (the most recent year for which data was available) women’s gross hourly earnings were on average 5.3 percent lower than those of men performing the same work.

The law does not provide for a minimum wage. Instead, collective bargaining contracts negotiated between unions and employers set minimum wage levels for different sectors of the economy. In 2017 the government set the official poverty line at 1,085 euros ($1,248) per month for a family of two.

Unless limited by a collective bargaining agreement, the law sets maximum overtime hours in industrial firms at no more than 80 hours per quarter and 250 hours annually. The law prohibits compulsory overtime and provides for paid annual holidays. It requires rest periods of one day per week and 11 hours per day. The law sets basic health and safety standards and guidelines for compensation for on-the-job injuries.

The Ministry of Labor and Social Policies is responsible for enforcement and, with regular union input, effectively enforced standards in the formal sector of the economy. Labor standards were only partially enforced in the informal sector, which employed an estimated 16 percent of the country’s workers.

Resources, inspections, and remediation were generally adequate to ensure compliance in the formal sector only. Penalties for violations include incarceration and fines but were not sufficient to deter all violations.

In 2017, the most recent year for which data was available, labor inspectors and Carabinieri officers inspected 160,347 companies (including agricultural companies), identifying 252,659 individual workers whose terms of employment were in violation of labor laws. Of these, 48,073 were undeclared (off the books); and 1,227 were irregular migrants. Inspectors found 12,800 violations of regulations on working hours and suspended approximately 6,932 companies for the specific violation of employing over 20 percent of their workers without a formal contract. The number of companies found to be in violation remained roughly in line with 2016 (7,013).

Informal workers were often exploited and underpaid, worked in unhygienic conditions, or were exposed to safety hazards. According to the main labor confederation, the CGIL, such practices occurred in the service, construction, and agricultural sectors.

In 2016 an independent research center, the Association of Artisans and Small Businesses of Mestre, estimated that there were 3.1 million irregular workers in the country, of whom 40 percent were based in southern regions. Some areas of Calabria, Puglia, Campania, and Sicily reported significant numbers of informal foreign workers living and working in substandard or unsafe conditions. This data was still considered reliable.

Latvia

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The International Trade Union Confederation criticized as excessive the requirement that a union may not have fewer than 15 members or less than 25 percent of the total number of employees in the company (which cannot be fewer than five). The law prohibits antiunion discrimination and employer interference in union functions, and it provides reinstatement for unlawful dismissal, including dismissal for union activity.

There were several limitations on these rights. Uniformed members of the military, members of the State Security Services, and border guards may not form or join unions. While the law provides for the right to strike, it requires a strike vote by a three-fourths majority at a meeting attended by at least three-fourths of the union’s members. It prohibits strikes in sectors related to public safety and by personnel classified as essential, including judges, prosecutors, police, firefighters, border guards, employees of state security institutions, prison guards, and military personnel. The law prohibits “solidarity” strikes by workers who are not directly involved in a specific labor agreement between strikers and their employers, a restriction criticized by local labor groups. The law provides arbitration mechanisms for essential personnel not permitted to strike.

The government generally enforced applicable labor laws; however, such laws are weak and often ineffectual. Resources, inspections, and remediation were adequate under the law. Penalties for violations ranged from a few hundred to several thousand euros and were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Labor rights organizations expressed concern about employer discrimination against union members.

Freedom of association and the right to collective bargaining were generally respected. Some worker organizations were independent of, and others dependent on, the government or political parties, employers, or employers’ associations. One of the largest worker unions in the country, LABA, was controlled by the Riga City Council.

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, although staffing problems hindered more effective enforcement. Penalties range from fines to imprisonment and were generally sufficient to deter violations. The Ministry of Welfare’s State Labor Inspectorate, the agency responsible for enforcing labor laws, conducted regular inspections of workplaces and reported no incidents of forced labor. A 2016 study, however, uncovered consistent underreporting of forced labor and suggested the inspectorate lacked the resources necessary to carry out more extensive investigations. The inspectorate reported a high employee turnover, with approximately 15 percent of positions unfilled, a situation exacerbated by perennial wage issues.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt.

c. Prohibition of Child Labor and Minimum Age for Employment

The government effectively enforced child labor and minimum age laws, and penalties were sufficient to deter violations. The statutory minimum age for employment is 15. Children who are 13 or older may work in certain jobs outside of school hours with written permission from a parent. The law prohibits children younger than 18 from performing nighttime or overtime work. According to the law, children may not work in jobs that pose a risk to their physical safety, health, or development. There were no reports of labor abuses involving children. The State Labor Inspectorate conducted inspections throughout the year and reported seven cases of unregistered employment of youth who were 16 or 17, as well as one case of permanent employment of a child.

Labor laws and regulations prohibit discrimination, but employment discrimination on the basis of citizenship is not prohibited. Following Soviet-era russification and relocation programs and the creation of a sizeable Russian-speaking minority, the government requires the use of Latvian as the officially recognized language where employment activities “affect the lawful interests of the public.” Citing the continuing political and economic threat posed by Russia to Latvia, the government restricted some sensitive civil service positions for candidates who previously worked for the former Soviet intelligence apparatus.

There were instances of hiring and pay discrimination against women, particularly in the private sector. Because this type of discrimination was underreported, during the first eight months of the year the ombudsman did not open any cases of employment discrimination.

Employment discrimination also occurred with respect to sexual orientation, gender identity, and ethnicity. Persons with disabilities experienced limited access to work due to a lack of personal assistants, poor infrastructure, and absence of specialized programs. The Romani community faced discrimination and high levels of unemployment.

The law sets a monthly minimum wage of 430 euros ($495), which exceeds the official estimate of the poverty income level of 330 euros ($380). The government enforced its wage laws effectively.

The law provides for a maximum workweek of 40 hours. The maximum permitted overtime is 144 hours in a four-month period. The law requires a minimum of 100 percent premium pay in compensation for overtime, unless the parties agree to other forms of compensation in a contract; however, this was rarely enforced. The law specifies the maximum amount of overtime and prohibits excessive or compulsory overtime.

The law establishes minimum occupational health and safety standards for the workplace, which are current and appropriate for the main industries. While the law allows workers to remove themselves from situations that endanger health or safety without jeopardizing their employment, these regulations were not always followed. Workers may complain to the State Labor Inspectorate when they believe their rights are violated.

The State Labor Inspectorate is responsible for enforcing minimum wage regulations, restrictions on hours of work, and occupational health and safety standards. These standards were not always enforced in the informal economy. Penalties for violations are monetary and vary widely, depending on the severity and frequency of the violation, but they were generally sufficient to deter violations. The inspectorate had adequate resources to inspect and remediate labor standards problems and effectively enforced labor laws.

Through July the State Labor Inspectorate reported 31 workplace fatalities, the majority of which were classified as due to natural causes, and 53 serious workplace injuries. The State Labor Inspectorate commented that most of the injuries were not severe. The majority of workplace injuries and fatalities were in the construction, wood-processing, and lumber industries.

Real wage estimates were difficult to calculate in the sizeable informal economy, which, according to some estimates, accounted for approximately 22 percent of gross domestic product. Workers in low-skilled manufacturing and retail jobs as well as some public-sector employees, such as firefighters, were reportedly most vulnerable to poor working conditions, including long work hours, lack of overtime pay, and arbitrary remuneration.

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The Lessons of 1989: Freedom and Our Future