The law provides for the right of public- and private-sector workers to form and join independent unions. The law also provides for the right to bargain collectively and conduct legal strikes; there are several restrictions on the right to strike. The law prohibits antiunion discrimination by employers, but it does not specifically require reinstatement of workers illegally fired for union activity.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, and the government printing office and port authority) must give two weeks’ notice of intent to strike. The International Labor Organization considered the list of essential services to be overly broad by international standards, in particular highlighting the inclusion of the government printing office and port authority. Strikes within the essential‑services sector were rare, but there were strikes within the hospitality and public-works sectors during the year.

If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for all private-sector workers and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Freedom of association and the right to collective bargaining were generally respected. There were no reports of antiunion discrimination, nor were any violations reported relating to collective bargaining rights.

Penalties for violating laws range from a minor fine to two months in prison, which were adequate to deter violations. Government enforcement of the right to association and collective bargaining, however, was not always effective at deterring violations. Administrative and judicial procedures were often subject to lengthy delays and appeals.

The law prohibits all forms of forced or compulsory labor, but there were reports of forced labor, including in domestic service and the retail industry. The government effectively enforced the law. The government amended the labor code to allow the labor inspectorate authority to enter residences to investigate allegations of forced or compulsory labor.

The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. Authorities removed at least one individual from a forced labor situation during the year. The law prescribes penalties of 20 to 30 years’ imprisonment with fines not to exceed $400,000 XCD ($148,150). These penalties were sufficiently stringent to deter violations.

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 stipulates a minimum working age of 16 years, although in some circumstances children under 16 are eligible for employment with restrictions. Persons under 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of hazardous work existed for the protection of those under 18.

The law requires the Ministry of Labor to conduct periodic inspections of workplaces, and the ministry effectively enforced the law. The law allows for a small financial penalty or three months in prison for violations, which were adequate to deter violations. The Labor Commissioner’s Office also has an inspectorate that investigates child labor in the formal and informal sectors. The government enforced these laws effectively, and there were no reports of child labor during the year.

The law prohibits discrimination with respect to employment and occupation regarding race, color, sex, age, national origin, citizenship, and political beliefs. In general the government effectively enforced the law and regulations. Penalties include a fine and up to 12 months in prison, which were adequate to deter violations. The law does not prohibit employment discrimination on the basis of disability, religion, language, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status, but the government encouraged employers not to discriminate on these grounds. Female migrant workers, who worked mainly in hospitality and industry, reported discrimination. Persons with disabilities faced limited workplace access, and women often received less pay for equal work. There were also anecdotal reports of employment discrimination against employees with HIV/AIDS (see section 6, HIV and AIDS Social Stigma).

The minimum wage was $8.20 XCD ($3.04) an hour for all categories of labor. According to a 2007 Caribbean Development report on poverty–the most recent data available–the official estimate for the poverty income level was $6,320 XCD ($2,340) per annum per capita, when adjustments were made for nonfood expenditures. The great majority of workers earned substantially more than the minimum wage. The customary standard workweek was 40 hours in five days. The law provides that workers are not required to work more than a 48-hour, six-day workweek, and provides for 12 paid annual holidays. The law requires that employees be paid one and one-half times the employees’ basic wage per hour for overtime work. The Ministry of Labor put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health provisions, but the government had not developed separate occupational safety and health regulations apart from those regarding child labor. The law does not specifically provide that workers can remove themselves from situations that endanger health or safety without jeopardy to their employment. It does, however, provide the ministry the authority to require special safety measures, not otherwise defined in the law, to be put into place for worker safety.

Labor inspectors from the Ministry of Labor and the Industrial Court were responsible for enforcement in all areas, including the informal sector. The government enforced labor laws, including levying remedies and penalties of up to $5,000 XCD ($1,850) for nonpayment of work. Penalties for illegal overtime were not always effective at deterring labor violations.

The number of labor inspectors was generally sufficient to enforce compliance. Labor inspectors reported that they conducted periodic health and safety checks, as well as checks for working conditions and work permit violations. Nevertheless, workers in construction, mechanics, and agriculture were particularly vulnerable to hazardous working conditions and accidents, especially when working with heavy machinery.

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 multi-enterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multi-enterprise 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 secondary action (e.g., a sympathy strike). The law permits the government to stop strikes judged to have “significant economic harm” to the employer or third parties. Some provinces have further restrictions. For example, in NSW 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, including federal, state, and territorial laws, regulations, and statutory instruments. 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 there is a dispute, the FWC convenes a conference between parties to facilitate a resolution. If the conference is unsuccessful, the parties may elect the FWC to arbitrate the dispute, or the applicant may pursue a ruling by a federal court. An applicant may also pursue a court ruling if one or both parties do not agree to participate in the FWC conference.

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

The government effectively enforced applicable labor laws, but did not obtain any successful prosecutions of criminal laws prohibiting forced labor during the year. The majority of forced labor cases, however, were addressed through civil law. The law provides for sufficiently stringent penalties against forced labor commensurate with those prescribed for other serious crimes.

There were reports some foreign nationals, who came to the country for temporary work, were subjected to forced labor in such sectors as agriculture, cleaning, construction, hospitality, and domestic service.

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 15 years. 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 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 18; and a person may not be younger than 21 to obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced laws, which varied among jurisdictions, governing the minimum age for leaving school and engaging in specified occupations. 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. State-imposed compulsory educational requirements, enforced by state educational authorities, effectively prevented most children from joining the workforce full time until they were 17 years old. 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 based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation and/or gender identity, age, language, and HIV or other communicable disease status. 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 also prohibits discrimination against employees based on family responsibilities, including breastfeeding, and 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 35 years who can work for more than eight hours per week.

The government effectively enforced laws prohibiting employment discrimination, and penalties were sufficient to deter violations.

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 14.7 percent.

Persons with disabilities also faced employment discrimination. In 2015-16, the latest year for which such data were available, approximately 44 percent of the complaints about disability discrimination received by the HRC were in the area of employment.

Effective July 1 the FWC increased the national minimum wage for adults working full time (38 hours per week) by 2.4 percent to A$672.70 ($500), based on a minimum hourly rate of A$17.70 ($13.30). There was no official estimate of the poverty income level.

By law maximum weekly hours are 38 plus “reasonable” additional hours (determined according to the law, taking 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” considering the aforementioned factors.

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. Some states have harmonized their laws with federal occupational health and safety laws to make it easier for workers and businesses to understand requirements across different states and territories. 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. However, 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 NSW, for example, an individual can be sentenced a maximum of five years’ imprisonment and/or receive a maximum fine of A$300,000 ($238,200), and a business can be fined up to A$3 million ($2.4 million) for exposing an individual to serious injury or illness. In 2015 a worker died in NSW after bring pinned between material on a forklift and a wall. After a SafeWork NSW investigation, the employer was fined A$375,000 ($297,750).

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.

In July a Federal Circuit Court fined a Queensland company for violating recordkeeping and pay slip laws relating to vulnerable foreign workers. As part of the FWO’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the FWO made it easier for migrant workers to anonymously report workplace issues by launching the Anonymous Report function in 16 languages.

During the year the Queensland farm lobby group Growcom secured A$800,000 ($634,848) from the Fair Work Ombudsman Community Grants program to train employers in ethical labor hiring practices. Part of the grant will be used to develop a new national “ethical labor” certification for farmers who want to prove they are not exploiting their workers following reports in recent years of farmers underpaying and mistreating seasonal foreign workers.

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.

The Financial Sector Union (FSU) reported that the Commonwealth Bank (CBA) refused to make mandatory retirement pension contribution payments for more than 7,000 part-time workers. The CBA underpaid part-time staff for work in branches, call centers, and administration areas with set hours each week. According the FSU, almost 90 percent of the estimated 7,000 workers affected were women and among the lowest-paid workers at the CBA. In March the CBA agreed to reimburse the unpaid sums.

According to Safe Work Australia, the government agency responsible to develop and coordinate national workplace health and safety policy, a preliminary estimate was that 120 workers died while working during the year. Of these fatalities, 47 were in the transport, postal, and warehousing sectors; 27 in the agriculture, forestry, and fishing sectors; and 23 in construction.

The law provides the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. It prohibits antiunion discrimination or retaliation against strikers and provides for the reinstatement of workers fired for union activity. It allows unions to conduct their activities without interference. The Austrian Trade Union Federation was the exclusive entity representing workers in collective bargaining. Unions were technically independent of government and political parties, although some sectors had unions closely associated with parties.

The government effectively enforced applicable laws that covered all categories of workers. Resources, inspections, and remediation were adequate. Penalties for violations were of civil nature, with fines imposed. Administrative, registration, and judicial procedures were not overly lengthy.

There were few reports of antiunion discrimination or other forms of employer interference in union functions. The government and employers recognized the right to strike and respected freedom of association and the right to collective bargaining. Authorities enforced laws providing for collective bargaining and protecting unions from interference and workers from retaliation for union activities.

The law prohibits all forms of forced or compulsory labor. Some instances of forced labor occurred in several sectors, such as agriculture, construction, and the restaurant/catering business. Most victims were women subjected to trafficking for sexual exploitation.

The government effectively enforced the law, and resources, inspections, and remediation were adequate. Labor inspectors and revenue authorities conducted routine site visits to identify forced labor. The government initiated forced labor awareness campaigns and workshops. Depending on the specific offense, penalties ranged from three to 20 years’ imprisonment and were sufficient to deter most violations.

Some migrants, both men and women, were subjected to trafficking for forced labor in the agriculture, construction, and restaurant/catering sectors. Some traffickers also subjected Romani children and persons with physical and mental disabilities to trafficking for 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 minimum legal working age is 15, with the exception that children who are at least 13 may engage in certain forms of light work on family farms or businesses. Children who are 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for teenagers, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

Laws and policies protect children from exploitation in the workplace and prohibit forced or compulsory labor, and the government generally enforced these laws and policies effectively.

The labor inspectorate of the Ministry of Labor, Social Affairs, and Consumer Protection is responsible for enforcing child labor laws and policies in the workplace, and did so effectively. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were sufficient to deter violations.

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive (or other communicable disease) status, religion, age or world view (Weltanschauung). The government effectively enforced these laws and regulations.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. A Muslim community office focused on reporting anti-Islamic acts reported discriminatory hiring practices against Muslim women wearing headscarves when trying to obtain a retail or customer service position. Companies sometimes preferred to pay a fine rather than hire a person with a disability.

The law requires equal pay for equal work.

Female employees in the private sector may invoke laws prohibiting discrimination against women. Depending on the Federal Equality Commission’s findings, labor courts may award the equivalent of up to four months’ salary to women found to have experienced gender discrimination in promotion, despite being better qualified than their competitors. The courts may also order compensation for women denied a post despite having equal qualifications.

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. The lowest bargaining agreement provided for 1,100 euros ($1,200) per month for full-time jobs. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The official poverty risk level was 1,185 euros ($1,422) per month.

The law provides for a maximum workweek of 40 hours, although collective bargaining agreements established 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. In special cases work hours may be increased to a maximum of 60 hours per week, including overtime, for a maximum of 24 weeks annually. These 24 weeks, however, can only be in eight-week segments, with at least a two-week break between each eight-week period.

Overtime is officially limited to five hours per week and 60 hours per year. Authorities did not enforce these laws and regulations effectively, and some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. The law stipulates premium pay of 50 percent for overtime and requires time off for work on weekends and official holidays. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before the labor courts. Those courts can impose fines on employers who committed the violation.

Foreign workers in both the formal and informal sectors made up approximately 13 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate regularly enforced mandatory occupational health and safety standards, which were appropriate for the main industries. Its approximately 300 inspectors were sufficient to monitor the country’s nearly 210,000 worksites. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In the case of violations resulting in serious injury or death, the employer faces prosecution under the penal code. The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger and risk assessment (plus evaluation); preventing work-related illnesses and occupational diseases; training as well as information on occupational safety and health; and improving the training of prevention experts.

Workers could file complaints anonymously with the labor inspectorate, which could in turn sue the employer on behalf of the employee. Workers rarely exercised this option and normally relied instead on the nongovernmental workers’ advocacy group and the Chamber of Labor, which filed suits on their behalf. Workers in the informal economy generally did not benefit from social protections. To receive health-care benefits, unemployment insurance, and pensions, workers generally had to pay into the system, although nonworkers could qualify for coverage in certain cases.

Workers can remove themselves from situations that endanger health or safety, without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

The law, including related regulations and statutes, provides for the right of workers to form and join unions and conduct legal strikes but does not specifically recognize the right to bargain collectively. Moreover, the law does not obligate companies to recognize unions or to accept collective bargaining. The law prohibits antiunion discrimination and provides protection for workers engaged in union activity. A tribunal may order reinstatement, re-engagement, or compensation, although no cases of antiunion discrimination were reported during the year. All private-sector employees are permitted to strike, but the law prohibits workers in essential services, such as police, firefighters, and electricity and water company employees, from engaging in strikes.

In general the government effectively enforced the law in the formal sector, but there was no information as to the adequacy of resources or inspections. Penalties for violations include fines up to $1,000 Barbados dollars (BBD) ($500), imprisonment up to six months, or both. The penalties were sufficient to deter violations. The law gives persons the right to have instances of alleged unfair dismissals tried before the Employment Rights Tribunal. The process was often subject to lengthy delays. A tripartite group of labor, management, and government representatives met regularly. The group dealt with social and economic issues as they arose, worked to formulate legislative policy, and played a significant role in setting and maintaining harmonious workplace relations.

With a few exceptions, workers’ rights generally were respected. Unions received complaints of collective bargaining agreement violations, but most were resolved through established mechanisms.

Although employers were under no legal obligation to recognize unions, most major employers did so when more than 50 percent of the employees made a request. Although companies were sometimes hesitant to engage in collective bargaining with a recognized union, in most instances they would eventually do so. Smaller companies often were not unionized.

The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws.

Although there were no official reports of forced labor during the year, foreigners remained at risk for forced labor, especially in the domestic service, agriculture, and construction sectors. The punishment for labor or sex trafficking of adults is the same: 25 years in prison, a fine of one million BBD ($500,000), or both. Labor or sex trafficking of children is punished by a fine of two million BBD (one million dollars), life imprisonment, or both. There were no prosecutions in recent years.

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 provides for a minimum working age of 16 years for certain sectors but does not cover sectors such as agriculture. The law prohibits children under 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law prohibits employing children of compulsory school age (through 16) during school hours. The law also prohibits young persons from work after 6 p.m. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if they have children under 16 who are not in school. Under the Recruiting of Workers Act, children between 14 and 16 could engage in light work with parental consent. There was no list of occupations constituting light work.

Ministry of Labor inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the law may be fined or imprisoned for up to 12 months. It was unclear whether these penalties were sufficient to deter violations. According to the chief labor inspector, no underage employment cases were filed during the past few years. Although documentation was not available, observers commented that children may have been engaged in the worst forms of child labor, namely drug trafficking and as victims of commercial sexual exploitation (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/ .

The 2017 Employment (Prevention of Discrimination) Act prohibits discrimination on grounds of race, sex, gender, or sexual orientation. The 2013 employment law prohibits discrimination on grounds of known or perceived HIV/AIDS status or on account of disability. Nevertheless, employment discrimination against HIV/AIDS patients persisted. Foreign workers in high-risk sectors, such as domestic service, agriculture, or construction, were sometimes not aware of their rights and protections under the law, and unions expressed concern that domestic workers were occasionally forced to work in unacceptable conditions. Persons with disabilities generally experienced hiring discrimination, as well as difficulty in achieving economic independence (see section 6, Persons with Disabilities). The government effectively enforced antidiscrimination laws.

While there is no national minimum wage, there is a minimum wage for “Shop Assistants” of $6.25 BBD ($3.10) per hour. While there is no official poverty income level, the most recent country assessment (2012) estimated that 19 percent of the population lived in poverty.

The standard legal workweek is 40 hours in five days, and the law provides employees with three weeks of paid holiday for persons with less than five years of service and four weeks’ holiday after five years of service. The law requires overtime payment of time and a half for hours worked in excess of the legal standard and prescribes all overtime must be voluntary. The law does not provide a maximum number of overtime hours. The government set occupational safety and health standards that were current and appropriate for its industries.

The Ministry of Labor is charged with enforcing the minimum wage as well as work hours and did so effectively. The ministry also enforced health and safety standards and, in most cases, followed up to ensure management corrected problems cited. A group of nine safety and health inspectors helped enforce regulations, and nine labor officers handled labor law violations. The ministry used routine inspections, accident investigations, and union membership surveys to prevent labor violations and verify that wages and working conditions met national standards. Penalties include fines of up to $500 BBD ($250) per offense, imprisonment of up to three months, or both. These penalties were inadequate to ensure compliance. The ministry reported that it historically relied on education, consensus building, and moral persuasion rather than penalties to correct labor law violations. The ministry delivered presentations to workers to inform them of their rights and provided education and awareness workshops for employers. The ministry’s Health and Safety Inspection Unit conducted several routine annual inspections of government-operated corporations and manufacturing plants, with no serious problems noted.

Office environments received additional attention from the Ministry of Labor due to indoor air quality concerns. Trade union monitors identified safety problems for government health and safety inspectors to ensure the enforcement of safety and health regulations and effective correction by management. As of October the ministry reported one occupational fatality, which was under investigation.

The law provides for the right of workers to refuse dangerous work without jeopardy to their employment, and authorities generally protected employees in this situation.

Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who say they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to independent union activists.

The law provides for civil penalties in the form of fines for violations of the freedom of assembly or collective bargaining, which, according to local worker rights advocates, were not sufficient to deter violations. The government also did not enforce these penalties.

The government severely restricted independent unions. The government-controlled Federation of Trade Unions of Belarus is the largest union, claiming more than four million members. It largely resembled its Soviet predecessors and served as a control mechanism and distributor of benefits. The Belarusian Congress of Democratic Trade Unions (BCDTU), with four constituent unions and approximately 10,600 members of independent trade unions, was the largest independent union umbrella organization, but tight government control over registration requirements and public demonstrations made it difficult for the Congress to organize, expand, and strike.

Government did not respect freedom of association and collective bargaining. Prohibitive registration requirements that any new independent union have a large membership and cooperation from the employer continued to present significant obstacles to union formation. Trade unions may be deleted from the register by a decision of the registrar, without any court procedure. The registrar may remove a trade union from the register if, following the issuance of a written warning to the trade union stating that the organization violates legislation or its own statutes, the violations are not eliminated within a month. Authorities continued to resist attempts by workers to leave the official union and join the independent one.

The legal requirements to conduct a strike are high. For example, strikes may only be held three or more months after dispute resolution between the union and employer has failed. The duration of the strike must be specified in advance. Additionally, a minimum number of workers must continue to work during the strike. Nevertheless, these requirements were largely irrelevant, since the unions that represented almost all workers were under government control. Government authorities and managers of state-owned enterprises routinely interfered with union activities and hindered workers’ efforts to bargain collectively, in some instances arbitrarily suspending collective bargaining agreements. Management and local authorities blocked worker attempts to organize strikes on many occasions by declaring them illegal. Union members who participated in unauthorized public demonstrations were subjected to arrest and detention. Due to a persistent atmosphere of repression and the fear of imprisonment, few public demonstrations took place during the year.

The Law on Mass Events also seriously limited demonstrations, rallies, and other public action, constraining the right of unions to organize and strike. No foreign assistance may be offered to trade unions for holding seminars, meetings, strikes, pickets, etc., or for “propaganda activities” aimed at their own members, without authorities’ permission. Authorities across the country continuously denied applications for permission from independent trade unions to hold authorized demonstrations to highlight labor-related issues.

On March 17, a Homyel district court sentenced in absentia prominent trade union activist Andrei Stryzhak to 10 days in jail for a February 21 protest outside the courthouse. A group of activists gathered to demonstrate support to a local resident suing the government regarding a presidentially signed decree enforcing unemployed individuals to pay an annual tax.

On October 3, Minsk city authorities refused the Belarusian Congress of Democratic Trade Union’s application to march through the outer boroughs of the city to hold a demonstration marking October 7 World Day for Decent Work.

Government efforts to suppress independent unions included frequent refusals to extend employment contracts for members of independent unions and refusals to register independent unions. According to BCDTU leader Aliaksandr Yarashuk, no independent unions have been established since a 1999 decree requiring trade unions to register with the government. Authorities routinely fired workers who were deemed “natural leaders” or who involved themselves in NGOs or opposition political activities.

On August 2, the State Control Committee’s Financial Investigations Department raided offices, confiscated equipment and financial documents, and interrogated leaders and members of two independent trade unions, the Radio and Electronics Trade Union (REP) in Minsk and the Trade Union of Miners and Chemical Industry Workers in Salihorsk. Authorities also raided three REP leaders’ private residences, seizing printed materials and digital equipment. REP Head Genadz Fedynich and REP accountant Ihar Komlik were charged with large-scale tax evasion. Authorities placed Komlik in pretrial detention but released him on October 2. Fedynich and Komlik continue to face charges and were banned from leaving the country. Belarusian human rights organizations considered the charges to be politically motivated.

The government requires state employees, including employees of state-owned enterprises, who constituted approximately 70 percent of the workforce, to sign short-term work contracts. Although such contracts may have terms of up to five years, most expired after one year, which gave the government the ability to fire employees by declining to renew their contracts. Many members of independent unions, political parties, and civil society groups lost their jobs because of this practice. A government edict provides the possibility for employers to sign open-ended work contracts with an employee only after five years of good conduct and performance by the employee.

Opposition political party members and democratic activists sometimes had difficulty finding work due to government pressure on employers.

In 2014 the president issued Decree No. 5 On Strengthening the Requirements for Managers and Employees of Organizations, which the authorities stated was aimed at rooting out “mismanagement,” strengthening discipline, and preventing the hiring of dishonest managers in new positions. Among other subjects under the new decree, managers may reduce payment of employee bonuses (which often comprised a large portion of salaries) and workers may be fired more easily. An independent trade union lawyer told the press that workers have fewer rights under the new law.

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce its provisions.

Parents who have had their parental rights stripped and are unemployed, or are working but fail to compensate state childcare facilities for the maintenance of their children, are subject to forced employment by court order. Individuals who refuse forced employment may be held criminally liable and face community service or corrective labor for a period of up to two years, imprisonment for up to three years, or other freedom restrictions, all involving compulsory labor and garnishment of 70 percent of their wages to compensate expenses incurred by the government.

In January 2010 the government enforced procedures for placing individuals suffering from chronic alcohol, drug or other substance abuse in so-called medical labor centers when they have been found guilty of committing criminal violations while under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances. Such offenders may be held in these centers by court orders for a period of 12 to 18 months. They are mandated to work and if they refuse, they may be placed in solitary confinement for up to 10 days. On July 31, the deputy head of the Supreme Court, Valer Kalinkovich, justified operations of the medical labor centers, saying there was no alternative for alcohol addicts who also “violated rights of other people.”

An April 2015 presidential decree, On Preventing Social Parasitism, which aims to force individuals to find employment, established a supplemental tax on persons who worked less than six months during the year of up to 360 rubles ($200) annually, depending on how much they paid in taxes when working. The decree applies to all permanent residents, with senior pensioners, legal minors, persons with disabilities, and certain other groups exempted. In 2015 the lower chamber of the parliament introduced penalties for failing to pay the so-called “social parasitism” tax, ranging from a fine to short-term detention that can include court-ordered public community service.

Minsk authorities required officially registered unemployed individuals to perform paid community service two days a month from May to September and one day a month from October to December and January to April. In addition they were banned from receiving an unemployment benefit of up to 46 rubles ($24) a month, depending on their length of unemployment, if they performed less than 22 working days of community service during a year. Individuals with disabilities, single parents and parents of three and more children, as well as parents of children with disabilities and under age 18 were exempt.

Regulations against forced labor were seldom enforced, and resources and inspections dedicated to preventing forced and compulsory labor were minimal and inadequate to deter violations. Penalties for violations included forfeiture of assets and sentences of five to 15 years’ imprisonment. The government rarely identified victims of trafficking, and prosecution of those responsible for forced labor remained minimal. Government efforts to prevent and eliminate forced labor in the country did not improve.

The government continued the Soviet practice of “subbotniks,” (Saturday work) that requires employees of government, state enterprises, and many private businesses to work on some Saturdays and donate their earnings to finance government social and other projects. Employers and authorities intimidated and fined some workers who refused to participate.

Authorities reportedly forced military conscripts to perform work unrelated to their military service.

Prison labor practices amounted to forced labor. Former inmates stated that their monthly wages were as low as three to four rubles ($1.5 to $2). Senior officials with the General Prosecutor’s Office and the Interior Ministry stated in November 2015 that at least 97 percent of all work-capable inmates worked in prison as required by law, excluding retirees and persons with disabilities, and that labor in prison was important and useful for rehabilitation and reintegration of inmates. Authorities also continued to employ unpaid agricultural labor, ordering university and high school students to help farmers during the harvesting season.

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 age for employment is 16, but children as young as 14 may conclude a labor contract with the written consent of one parent or a legal guardian. The Prosecutor General’s Office is responsible for enforcement of the law. Persons under age 18 are allowed to work in nonhazardous jobs but are not allowed to work overtime, on weekends, or on government holidays. Work may not be harmful to children’s health or hinder their education.

The government generally enforced these laws and penalties ranging from fines and reprimands to 12 years’ imprisonment, which were sufficient to deter most violations. Nevertheless, schoolchildren in isolated cases were induced to help local collective state-owned farms with the August to October harvest. On July 12, a district court in Maladzyechna sentenced two local teachers to two years of “restricted freedom” and a fine of 4,600 rubles ($2,300) each on charges of negligence that resulted in the death of a schoolgirl helping with harvest in September 2016.

The law prohibits discrimination based on race, gender, language, or social status. These laws do not apply specifically to employment or occupation. The government did not effectively enforce these laws or secure any effective penalties to deter violations. Discrimination in employment and occupation occurred with respect to ethnicity, gender, disability, language, sexual orientation and gender identity and expression, and HIV-positive status (see section 6). In addition some members of the Romani community complained that employers often discriminated against them and either refused to employ them or did not provide fulltime jobs. The government did not take any action during the year to prevent or eliminate employment discrimination. Employment discrimination happened across most economic sectors and in both private and public workplaces.

The law requiring equal pay for equal work was not regularly enforced, and the minister of labor and social welfare stated in June 2016 that on average women were paid 24 percent less than men.

Very few women were in the upper ranks of management or government, and most women were concentrated in the lower-paid public sector. Although the law grants women the right to three years of maternity leave with assurance of a job upon return, employers often circumvented employment protections by using short-term contracts, then refusing to renew a woman’s contract when she became pregnant.

A government prohibition against workdays longer than seven hours for persons with disabilities reportedly made companies reluctant to hire them. Local NGOs reported that up to 85 percent of persons with disabilities were unemployed. Authorities provided minimal welfare benefits for persons with disabilities, and calculations of pensions did not consider disability status. Members of the country’s Paralympic teams received half the salaries and prize money of athletes without disabilities.

As of October 1, the national minimum monthly wage was in excess of the poverty line.

The law establishes a standard workweek of 40 hours and provides for at least one 24-hour rest period per week. The law provides for mandatory overtime and nine days of holiday pay and restricts overtime to 10 hours a week, with a maximum of 180 hours of overtime each year.

The law establishes minimum conditions for workplace safety and worker health, but employers often ignored these standards. Workers at many heavy machinery plants did not wear minimal safety gear. The state labor inspectorate lacked authority to enforce employer compliance and often ignored violations. The number of inspectors was insufficient to deter violations.

The Ministry of Labor and Social Welfare was responsible for enforcement of these laws. Information regarding resources, inspections, remediation, and penalties was not available. The government reported that approximately 400,000 persons worked in the informal economy. The law did not cover informal workers.

The Labor Ministry reported 120 persons killed at workplaces in 2016. The ministry reported the majority of workplace accidents occurred in the heavy machinery production industry and were caused by carelessness, poor conditions, malfunctioning equipment, and poor training and instruction.

The law does not provide workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

For companies with more than 50 employees, the law provides workers the right to form and join independent unions of their choice without previous authorization or excessive requirements, conduct legal strikes, and bargain collectively. Workers exercised these rights, and citizen and noncitizen workers enjoyed the same rights. Work council elections are mandatory in enterprises employing more than 100 employees, and safety and health committee elections are mandatory in companies employing more than 50 employees. The elections took place in May 2016 without incident. Employers sometimes used judicial recourse against associations attempting to prevent workers who did not want to strike from entering the employer’s premises.

The law provides for the right to strike for all public and private sector workers except the military. The law prohibits antiunion discrimination and employer interference in union functions, and the government protected this right. Trade union representatives cannot be fired for performing their duties and are protected against being fined by their employers; they are also entitled to regular severance payments.

The government generally enforced applicable laws. Resources, inspections, and remediation were adequate. Penalties were generally not sufficient to deter violations as employers often paid fines rather than reinstate workers fired for union activity. At the same time, fines on workers for strike or collective bargaining actions often resulted in breaking strike movements. Administrative or judicial procedures related to trade unions were not longer than other court cases.

Freedom of association and the right to bargain collectively were inconsistently respected by employers. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government effectively enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties include a maximum prison sentence of 20 years and were sufficient to deter violations.

Forced and compulsory labor included male victims forced to work in restaurants, bars, sweatshops, agriculture, construction, cleaning, and retail sites. Foreign victims were subjected to forced domestic service. Forced begging continued, particularly in the Romani community.

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 age of employment is 15. Persons between the ages of 15 and 18 may participate in part-time work/study programs and work full time during school vacations. The Ministry of Employment regulated industries that employ juvenile workers to ensure that labor laws were followed; it occasionally granted waivers for children temporarily employed by modeling agencies and in the entertainment business. Waivers were granted on a short-term basis and for a clearly defined performance or purpose that had to be listed in the law as an acceptable activity. The law clearly defines, according to the age of the child, the amount of time that may be worked daily and the frequency of performance. A child’s earnings must be paid to a bank account under the name of the child, and the money is inaccessible until the child reaches 18 years of age.

There are laws and policies to protect children from exploitation in the workplace. The government generally enforced these laws with adequate resources, inspections, and penalties, although such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face a prison sentence ranging from six months to three years, as well as administrative fines.

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status. The government effectively enforced these laws and regulations. The law continued to permit companies to prohibit outward displays of religious affiliation, including headscarves (see section 6).

Employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minorities as well as against internal and foreign migrant workers. The government took legal action based on antidiscrimination laws. The Interfederal Center for Equal Opportunities (Unia) also facilitated arbitration or other settlements in some cases of discrimination. Such settlements could involve monetary payments, community service, or other demands imposed on the offender.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Trade unions or media sometimes escalated cases, and Unia often took a position or acted as a go-between to find solutions or to support alleged victims in the courts.

The Federal Institute for the Equality of Men and Women is responsible for promoting gender equality and may initiate lawsuits if it discovers violations of equality laws. Most complaints received during the year were work-related and most concerned the termination of employment contracts due to pregnancy. Economic discrimination against women continued. In 2016 the institute released a survey (based on 2014 data) indicating that women were paid at an hourly rate that was 7.6 percent less than that paid their male colleagues. This represented an annual gap of 20.6 percent, taking into account part-time work. The law requires that one-third of the board members of publicly traded companies, but not private ones, be women.

The law requires companies with at least 50 employees to provide a clear overview of their compensation plans, a detailed breakdown by gender of their wages and fringe benefits, a gender-neutral classification of functions, and the possibility of appointing a mediator to address and follow up on gender-related problems.

There is a monthly national minimum wage, and it is higher than the official estimate for poverty income level.

The standard workweek is 38 hours, and workers are entitled to four weeks of annual leave. Departure from these norms can occur under a collective bargaining agreement, but work may not exceed 11 hours per day or 50 hours per week. An 11-hour rest period is required between work periods. Overtime is paid at a time-and-a-half premium Monday through Saturday and at double time on Sundays. The Ministry of Labor and the labor courts effectively enforced these laws and regulations. The law forbids or limits excessive overtime. Without specific authorization, an employee may not work more than 65 hours of overtime during any one quarter.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Inspectors from both the Ministry of Labor and the Ministry of Social Security enforced labor regulations. These ministries jointly worked to ensure that standards were effectively enforced in all sectors, including the informal sector, and that wages and working conditions were consistent with collective bargaining agreements. Wage, overtime, and occupational safety violations were most common in the restaurant, construction, and logistics industries.

A specialized governmental department created to fight the informal economy conducted 11,988 investigations in 2016, mainly in the construction, restaurant/hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat them as cases of trafficking in persons.

Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

The law provides for the right of workers to form and join independent unions, but it prohibits strikes and does not provide for collective bargaining. The law prohibits employers from discriminating against workers in connection with union activities, but it does not provide for reinstatement for dismissal related to union activity.

By law unions must register with the government under the same process as other organizations (see section 2.b., Freedom of Association). While the law permits the formation of trade union federations for most professions, it forbids affiliation with international labor organizations unless the minister of home affairs and the ministry’s Department of Labor (DOL) consent. The law requires officers of trade unions to be “bona fide” (without explanation), which has been interpreted to allow broad discretion to reject officers and require that such officers have been employed in the trade for a minimum of two years. Unions are subject to laws limiting freedom of assembly, which require a government permit for public gatherings of 10 or more persons and approval by the minister of home affairs (see section 2.b.). By law the general penalty for violating laws on unions and other organizations is a fine, imprisonment, or both. Penalties were sufficient to deter violations. Data on government enforcement efforts was not available.

There were no active unions or worker organizations in the country. NGOs were involved in labor issues, such as wages, contracts, and working conditions. These NGOs largely operated openly in cooperation with relevant government agencies, but they reported avoiding confrontation with the government and engaged in self-censorship.

The law prohibits all forms of forced or compulsory labor. Convictions for forced labor could lead to penalties, including fines, imprisonment, and caning–but most labor disputes were settled out of court. Penalties were seldom applied. The government did not always effectively enforce the law, and forced labor occurred.

The government did not investigate any cases of debt bondage or forced labor compelled through threats of deportation, although these practices continued to occur. The heads of Specialist Trafficking Units within the police department continued to meet regularly to coordinate antitrafficking policy and implement the national action plan to combat trafficking, including for forced labor.

Some of the approximately 100,000 foreign migrant workers in the country faced involuntary servitude, debt bondage, nonpayment of wages, passport confiscation, abusive employers, and/or confinement to the home. Female migrant workers, who comprised most of the domestic workers in the country, were particularly vulnerable to forced labor. Although it is illegal for employers to withhold wages from domestic workers, some employers, notably domestic and construction workers, did so to recoup labor broker or recruitment fees or to compel continued service by workers. Foreign workers could take legal action against employers for nonpayment of wages, usually done outside of court, and were often, but not always, successful.

Although the government forbade wage deductions by employers to repay in-country agencies or sponsors and mandated that employees receive their full salaries, many migrant workers arrived in debt bondage to actors outside the country. Although prohibited by law, retention of migrant workers’ travel documents by employers or agencies remained a common practice.

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

Various domestic laws prohibit the employment of children younger than 16. Parental consent and approval by the Labor Commission are required in order for those younger than 18 to work. Female workers younger than 18 may not work at night or on offshore oil platforms. The DOL, which is part of the Ministry of Home Affairs, effectively enforced child labor laws. Penalties for child labor violations include a fine, imprisonment, or both, and were sufficient to deter violations. There was no list of hazardous occupations prohibited for children.

The law does not explicitly prohibit discrimination with respect to employment and occupation. There is no law requiring equal pay for equal work. The law limits employment in certain government positions and the military based on ethnic origin (see section 6).

The law designates some professions as women’s professions, and men noted discrimination during hiring. Many public and private employers showed hiring biases against foreign workers, particularly in key sectors such as oil and gas. Some LGBTI job applicants faced discrimination and were often asked directly about their sexual identity. Many foreign workers had their wages established based on national origin.

The law does not set a minimum wage for the private sector. Wages were set by contract between the employee and employer, and were sometimes calculated based on national origin. Published reports calculated the average monthly compensation in the private sector to be BND 1,830 ($1,330) per worker. There was no established poverty line.

The standard work week for most government agencies and many private companies is Monday through Thursday and Saturday. The law provides for overtime in excess of 48 hours per week. The law also stipulates an employee may not work more than 72 hours of overtime per month. Government regulations establish and identify occupational health and safety standards. Individuals were encouraged to report violations of health and safety standards, but the law does not explicitly protect the right to remove oneself from a hazardous workplace.

The DOL inspected working conditions both on a routine basis and in response to complaints. The number of labor inspectors in the DOL was adequate to conduct mandated inspections and sufficient to enforce compliance. The government usually moved quickly to investigate allegations of labor law violations, and employers faced criminal and civil penalties, although the focus was primarily on undocumented foreign workers rather than worker protection. The DOL has the power to terminate the licenses of abusive employers and revoke their foreign labor quotas, and it did so occasionally.

Employers who violate laws regarding conditions of service, including pay, working hours, leave, and holidays, may be fined for a first offense and for further offenses, fined, imprisoned, or both. Observers did not indicate whether the penalties for violations of wage, hour, and health and safety standards were sufficient to deter violations.

The commissioner of the DOL is responsible for protecting workers’ rights. Foreign laborers (predominantly Filipinos, Malaysians, Indonesians, and Bangladeshis) dominated most low-wage professions, such as domestic, construction, maintenance, retail, and restaurant workers, in which violations regarding wages, overtime, and health and safety occurred.

The government prosecuted employers who employed undocumented foreign workers or did not properly process workers’ documents. When grievances cannot be resolved, regulations require employers to pay for the repatriation of the foreign workers and all outstanding wages. Although the practice is illegal, some employers held employee passports and restricted employee activities during nonwork hours, particularly for low-skilled workers and household staff (see section 7.b.).

Government enforcement in sectors employing low-skilled labor, such as construction or maintenance, was weak. This was especially true for foreign laborers at construction sites, where complaints of wage arrears, inadequate safety, and poor, unsafe living conditions were reported. The government did not sufficiently enforce laws on working hours.

Many employed citizens received good salaries with numerous allowances, but complaints about low wages were common, especially in entry-level positions. The government found that local employees in the private sector had an average monthly compensation of BND 2,257 ($1,640), compared to BND 1,565 ($1,140) for foreign workers. Wages for employed foreign residents were wide ranging. Some foreign embassies negotiated agreements with the government covering minimum wage requirements for their nationals working in the country.

Federal and some provincial laws, including related regulations and statutory instruments, provide for the right of workers in both the public and the private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. Workers in the public sector who provide essential services, including police and armed forces, do not have the right to strike but have mechanisms to provide for due process and to protect workers’ rights. Workers in essential services had recourse to binding arbitration if labor negotiations failed. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. There were no reports of antiunion discrimination or other forms of employer interference in union functions.

Federal labor law applies in federally regulated sectors, which include industries of extra provincial or international character, transportation and transportation infrastructure that crosses provincial and international borders, marine shipping, port and ferry services, air transportation and airports, pipelines, telecommunications, banks, grain elevators, uranium mining and processing, works designated by the federal parliament affecting two or more provinces, protection of fisheries as a natural resource, many First Nation activities, and most crown corporations. These industries employed approximately 10 percent of workers.

The law grants the government exclusive authority to designate which federal employees provide an essential service and do not have the right to strike. The law also makes it illegal for an entire bargaining unit to strike if the government deems 80 percent or more of the employees of the unit essential.

Provincial and territorial governments regulate and are responsible for enforcing their own labor laws in all occupations and workplaces that are not federally regulated, leaving categories of workers excluded from statutory protection of freedom of association in several provinces. Some provinces restrict the right to strike. For example, agricultural workers in Alberta, Ontario, and New Brunswick do not have the right to organize or bargain collectively under provincial law.

The government effectively enforced applicable laws and regulations in a timely fashion, including with effective remedies and penalties such as corrective workplace practices and criminal prosecution for noncompliance and willful violations, and generally respected freedom of association and the right of collective bargaining. Penalties were sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

In June parliament repealed legislation public service unions had claimed contravened International Labor Organization conventions by limiting the number of persons who could strike.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. The law prescribes penalties for violations of up to 14 years’ imprisonment, or life imprisonment in the case of certain aggravating factors, such as kidnapping or sexual assault. Such penalties were sufficiently stringent. During the year the government investigated and prosecuted cases of forced labor and domestic servitude.

The federal government held employers of foreign workers accountable by verifying employers’ ability to pay wages and provide accommodation and, through periodic inspections and mandatory compliance reviews, ensuring that employers provided substantially the same wages, living conditions, and occupation specified in the employers’ original job offer. The government can deny noncompliant employers permits to recruit foreign workers for two years and impose fines of up to C$100,000 ($78,500) per violation for employer abuses of the program. Some provincial governments imposed licensing and registration requirements on recruiters or employers of foreign workers and prohibited the charging of recruitment fees to workers.

There were reports that employers subjected noncitizen or foreign-born men and women to forced labor in the agricultural sector, food processing, cleaning services, hospitality, construction industries, and in domestic service. NGOs reported that bonded labor, particularly in the construction industry, and domestic servitude constituted the majority of cases of forced labor and that some victims had participated in the Temporary Foreign Worker Program.

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 federal minimum age for employment. In federally regulated sectors, children younger than 17 may work only when they are not required to attend school under provincial legislation, provided the work does not fall under excluded categories (such as work underground in a mine, on a vessel, or in the vicinity of explosives), and the work does not endanger health and safety. Children may not work in any federally regulated sector between the hours of 11 p.m. and 6 a.m. The provinces and territories have primary responsibility for regulation of child labor, and minimum age restrictions vary by province. Enforcement occurs through a range of laws covering employment standards, occupational health and safety, education laws, and in regulations for vocational training, child welfare, and licensing of establishments for the sale of alcohol. Most provinces restrict the number of hours of work to two or three hours on a school day and eight hours on a non-school day, and prohibit children ages 12 to 16 from working without parental consent, after 11 p.m., or in any hazardous employment.

Authorities effectively enforced child labor laws and policies, and federal and provincial labor ministries carried out child labor inspections either proactively or in response to formal complaints. There were reports that limited resources hampered inspection and enforcement efforts. Penalties were pecuniary and varied according to the gravity of the offense.

There were reports that child labor occurred, particularly in the agricultural sector. There were also reports that children, principally teenage females, were subjected to sex trafficking and commercial sexual exploitation (see section 6, Children).

The law and regulations prohibit discrimination with respect to employment or occupation on the basis of race, color, sex, religion, national origin or citizenship, disability, sexual orientation and/or gender identity, age, language, HIV-positive status, or other communicable diseases. Some provinces, including Quebec, New Brunswick, and Newfoundland and Labrador, as well as the Northwest Territories, prohibit employment discrimination on the grounds of social origin, “social condition,” or political opinion. Federal law requires on a complaint basis equal pay for equal work for four designated groups in federally regulated industries enforced through the Canadian Human Rights Commission: women, persons with disabilities, indigenous persons, and visible minorities. Ontario and Quebec have pay equity laws that cover both the public and private sectors, and other provinces require pay equity only in the public sector.

Authorities encouraged individuals to resolve employment-related discrimination complaints through internal workplace dispute resolution processes as a first recourse, but federal and provincial human rights commissions investigated and mediated complaints and enforced the law and regulations. The government enforced the law effectively, but some critics complained that the process was complex and failed to issue rulings in a timely manner. Foreign migrant workers have the same labor rights as citizens and permanent residents, although NGOs alleged that discrimination occurred against migrant workers.

As of August provincial and territorial minimum wage rates ranged from C$10.72 to C$13.00 ($8.40 to $10.17) per hour. There is no official poverty income level. Some provinces exempt agricultural, hospitality, and other specific categories of workers from minimum wage rates. For example, Ontario has for persons younger than 18 who work less than 28 hours per week when school is in session a minimum wage lower than the respective minimum for adult workers.

Standard work hours vary by province, but in each the limit is 40 or 48 hours per week, with at least 24 hours of rest. The law requires payment of a premium for work above the standard workweek. Entitlement to paid annual leave varies by province, but the law requires a minimum of 10 days’ paid annual leave per year (or payment of 4 percent of wages in lieu) after one year of continuous employment. Some provinces mandate an additional week of paid leave to employees who complete a specified length of service. There is no specific prohibition on excessive compulsory overtime, which is regulated by means of the required rest periods in the labor code that differ by industry. Some categories of workers have specific employment rights that differ from the standard, including commercial fishermen, oil field workers, loggers, home caregivers, professionals, managers, and some sales staff.

Federal law provides safety and health standards for employees under federal jurisdiction. Provincial and territorial legislation provides for all other employees, including foreign and migrant workers. Standards were current and appropriate for the industries they covered. Federal, provincial, and territorial laws protect the right of workers with “reasonable cause” to refuse dangerous work and to remove themselves from hazardous work conditions, and authorities effectively enforced this right. The government also promoted safe working practices and provided training, education, and resources through the Canadian Center for Occupational Health and Safety, a federal agency composed of representatives of government, employers, and labor.

Minimum wage, hours of work, and occupational health and safety standards were effectively enforced. Federal and provincial labor departments monitored and effectively enforced labor standards by conducting inspections through scheduled and unscheduled visits, in direct response to reported complaints, and at random. Penalties were pecuniary and varied according to the gravity of the offense. Under the federal labor code, maximum penalties for criminal offenses, including criminal negligence causing death or bodily harm, or willful breach of labor standards in which the person in breach knew that serious injury or death was likely to occur, could include imprisonment. Enforcement measures include a graduated response, with a preference for resolution via voluntary compliance, negotiation, and education; prosecution and fines serve as a last resort. Some trade unions continued to note that limited resources hampered the government’s inspection and enforcement efforts.

NGOs reported migrants, new immigrants, young workers, and the unskilled were vulnerable to violations of the law on minimum wage, overtime pay, unpaid wages, and excessive hours of work. NGOs also alleged that restrictions on the types of labor complaints accepted for investigation and delays in processing cases discouraged the filing of complaints.

According to the Association of Workers Compensation Boards of Canada, during 2015, the most recent year for which data were available, there were 852 workplace fatalities. During the year there were some reports of workplace accidents.

The law provides for the right of workers to form or join unions of their choice, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and allows unions to challenge firings in court. The law requires reinstatement of workers terminated for union activity.

Some limitations exist. There are restrictions on strikes and union activity for civilian employees of the military. Workers may strike only at the end of a contract or in specific circumstances cited in the contract, and only after completing mediation. Labor and management must jointly agree on a mediator if a dispute goes to mediation. If a strike is illegal, any participant may be dismissed and the union held liable for damages.

The law allows the government unilaterally to amend collective agreements in the public sector. Employees of local or regional governments may not bargain collectively. Manual labor and retail employees were often hired on fixed-term contracts that made it difficult for them to unionize; some employers hired workers for trial periods lasting three months, during which employees could be dismissed without cause. Workers on temporary contracts generally did not form or join unions due to fear of termination at the end of the trial period.

The government and employers generally respected freedom of association and the right to collective bargaining. The government was generally effective in enforcing laws. Penalties of one to 15 years imprisonment were considered sufficient to deter violations. Judicial procedures were subject to lengthy delays. The inefficiency of the court system hampered attempts to seek redress for antiunion discrimination and legal violations.

The law prohibits all forms of forced or compulsory labor. The state prosecutor reported no incidents of forced labor in 2016 or during the first six months of the year.

The government was partially effective in enforcing applicable laws. Identification of victims of forced labor was limited, although penalties for conviction of forced labor, one to 15 years imprisonment, were sufficiently stringent to deter violations if enforced. The sentencing rate of offenders for forced labor remained low, however, and was insufficient to deter violators. The government collaborated with several NGOs on public awareness programs.

There were isolated incidents of forced labor in private homes. Croatians, Bosnians, and Romanians were subjected to forced labor in agriculture. Romani children were at risk of forced begging (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 minimum age for the employment of children is 15, the age at which compulsory education ends for most children. Minors between ages 15 and 18 who have not completed compulsory education may work only with prior approval from the government labor inspectorate and only if they would not suffer physically or mentally from the work. Children under 15 may work only in special circumstances and with the approval of the ombudsman for children. In 2016 there were 245 such requests, of which 243 were approved, usually for children to be filmed or to work in theatrical performances. The law prohibits workers under age 18 from working overtime, at night, or in dangerous conditions, including but not limited to construction, mining, and work with electricity. The Ministry of Labor and the Pension System, the ministry’s Office of the State Inspectorate, and the ombudsman for children are responsible for enforcing this regulation and did so adequately.

There were isolated instances of violations of child labor legislation. Labor inspectors identified 38 violations involving 24 minors. Violations involved minors working overtime or past curfew and occurred mainly in the hospitality, retail, services, food service, and tourism sectors. Some children were reportedly subject to early marriage that could result in domestic servitude (see section 6, Children).

Discrimination in employment or occupation occurred with regard to gender, disability, sexual orientation, HIV-positive status, and ethnicity, particularly for Roma. According to the ombudsman for gender equality, women experienced discrimination in employment, including in pay and promotion to managerial and executive positions. Women generally held lower-paying positions in the workforce. The 2014 report of the ombudsman for gender equality estimated that women earned 10 percent less than men. In addition, salaries were much lower in occupations filled mostly by women, while men more often filled higher-paying management positions.

The ombudsman for gender equality reported that women, regardless of education level, were more likely than men to lose their jobs. According to the ombudsman, government inspections were ineffective in uncovering and sanctioning employer violations.

The ombudsman for persons with disabilities reported that 2016 was the first year to mark an increase in employment of persons with disabilities, with a 34 percent increase in employment since 2014. The ombudsman for persons with disabilities concluded this increase was a direct result of new legislation that targets rehabilitation and employment of persons with disabilities and includes quotas and incentives for employers. The ombudsman reported underutilization of social and labor services provided by this legislation, stating the private sector lacked mechanisms to provide for and monitor reasonable accommodations for employing persons with disabilities.

LGBTI NGOs noted discrimination and harassment against LGBTI employees in the workplace, specifically in the health sector. Neither state nor private employers have regulations for protection against discrimination on the basis of sexual orientation or gender identity. According to the NGO Freedom House, while national labor legislation protects LGBTI employees against discrimination at the workplace, employers did not have adequate policies and procedures in place to guarantee protections. NGOs reported that LGBTI persons refrained from publicly expressing their sexual orientation or gender identity because they were vulnerable to termination of employment or demotion.

The State Bureau of Statistics reported that the minimum wage was slightly above official poverty income level. The law requires premium pay for overtime worked beyond the 40-hour workweek. Overtime is limited to 10 hours per week and 180 hours annually. The law does not address compulsory overtime. The law also entitles employees to at least four weeks of paid annual leave and seven days of personal leave in addition to national holidays. The law includes protections for women who recently gave birth, nursing women, persons who lost the ability to perform their jobs, and persons at risk of injury at their place of work.

The government set health and safety standards harmonized with EU laws and regulations, which are appropriate for the main industries in the country. Responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker. Workers may remove themselves from situations that endanger their health or safety without jeopardizing their employment, and authorities effectively protected employees in this situation.

The Office of the Labor Inspectorate provided for compliance with the labor law through on-site inspections. According to the Labor Inspectorate Annual Report for 2016, there were 236 inspectors. The inspectorate conducted 35,723 workplace inspections in 2016 (up 80 percent from 2015) and reported 5,867 violations of labor laws. The inspectorate referred 2,365 of these violations to misdemeanor courts for further action, and it temporarily closed 292 companies during the first six months of the year for labor law violations. The inspectorate issued fines for labor violations, which were deemed sufficient to deter future violations. Violations included employing workers without work permits, illegal labor contracts, failure to pay wages or benefits, failure to grant leave, failure to register employees with the pension authority, employing workers not registered with a health insurance agency, and failure to report overtime. Nonsafety violations of labor law were most common in the hospitality sector.

There were reports of employees working in the informal sector without labor protections. Nonpayment of wages and wage arrearages as well as nonpayment for overtime and holiday work were problems. The law allows employees to sue employers for wage nonpayment and provides a penalty of up to three years in prison for convicted employers. The law, however, exempts employers who fail to pay wages due to economic duress. Workers may sue employers who do not issue pay slips to their employees in order to bypass mandatory employer contributions to social insurance programs. During 2016 inspectors identified 5,138 persons who were not paid the minimum wage by their employers; the employers were fined. During the same period, municipal prosecutors initiated 133 criminal proceedings against employers.

Of 35,723 inspections in 2016, 8,149 inspections involved work safety standards that prompted 1,997 orders for implementing measures proscribed by the labor law, particularly in the construction sector. The inspectors issued 267 misdemeanors and 738 fines totaling 7,748,000 kuna ($1.23 million) for various violations of safety standards.

The law, including related regulations and statutes, severely restricts worker rights by recognizing only the CP-controlled Central Union of Cuban Workers (CTC) as the paramount trade union confederation. All trade groups must belong to the CTC to operate legally. The law does not provide for the right to strike. The law also does not provide for collective bargaining, instead setting up a complicated process for reaching collective agreements. The International Labor Organization continued to raise concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions to collective bargaining and agreements, including that government authorities and CTC officials have the final say on all such agreements.

The government continued to prevent the formation of independent trade unions in all sectors. The CP chose the CTC’s leaders. The CTC’s principal responsibility is to manage government relations with the workforce. The CTC does not bargain collectively, promote worker rights, or advocate for the right to strike.

Several small, independent labor organizations operated without legal recognition, including the National Independent Workers’ Confederation of Cuba, the National Independent Laborer Confederation of Cuba, and the Unitarian Council of Workers of Cuba; together they comprise the Independent Trade Union Association of Cuba. These organizations worked to advance the rights of workers by offering an alternative to the state-sponsored CTC and purported to advocate for the rights of small-business owners and employees. Police reportedly harassed the independent unions and government agents reportedly infiltrated them, limiting their capacity to represent workers effectively or work on their behalf.

The government may determine that a worker is “unfit” to work, resulting in job loss and the denial of job opportunities. The government deemed persons unfit because of their political beliefs, including their refusal to join the official union, and for trying to depart the country illegally. The government also penalized professionals who expressed interest in emigrating by limiting job opportunities or firing them.

The law does not prohibit forced labor explicitly. It prohibits unlawful imprisonment, coercion, and extortion, with penalties ranging from fines to imprisonment, but there was no evidence that these provisions were used to prosecute forced labor cases. The use of minors in forced labor, drug trafficking, prostitution, pornography, or organ trade is punishable by seven to 15 years’ incarceration. The government enforced the laws, and the penalties appeared sufficient to deter violations.

Compulsory military service of young men was occasionally fulfilled by assignment to an economic entity controlled by the military or by assignment to other government services. Allegations of forced or coerced labor in foreign medical missions persisted, although the government denied these allegations.

The government continued to use high school students in rural areas to harvest agricultural products (also 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 legal minimum working age is 17, although the law permits the employment of children ages 15 and 16 to obtain training or fill labor shortages with parental permission and a special authorization from the municipal labor director. The law does not permit children ages 15 and 16 to work more than seven hours per day or 40 hours per week or on holidays. Children ages 15 to 18 cannot work in specified hazardous occupations, such as mining, or at night.

There were no known government programs to prevent child labor or remove children from such labor. Anti-truancy programs, however, aimed to keep children in school. Inspections and penalties appeared adequate to enforce the law, as inspections for child labor were included in all other regular labor inspections. The government reported 346 such inspections of state-run and private sector enterprises from November 2016 through February. The government penalizes unlawful child labor with fines and suspension of work permits. There were no credible reports that children under the age of 17 worked in significant numbers.

The government used some high school students in rural areas to harvest agricultural products for government farms during peak harvest time. Student participants did not receive pay but received school credit and favorable recommendations for university admission. Failure to participate or obtain an excused absence reportedly could result in unfavorable grades or university recommendations, although students were reportedly able to participate in other activities (instead of the harvest) to support their application for university admission. There were no reports of abusive or dangerous working conditions.

The law prohibits workplace discrimination based on skin color, gender, religious belief, sexual orientation, nationality, “or any other distinction harmful to human dignity,” but it does not explicitly protect political opinion, social origin, disability, age, language, gender identity, or HIV-positive status or other communicable diseases. No information was available on government enforcement of these provisions during the year.

Discrimination in employment occurred with respect to members of the Afro-Cuban population. Leaders within the Afro-Cuban community noted that some Afro-Cubans could not get jobs in sectors such as tourism and hospitality because they were “too dark.” Afro-Cuban leaders explained that fairer-skinned citizens filled jobs in sectors that deal with tourists, and these jobs were often among the best-paying positions available. Afro-Cubans more frequently obtained lower-paying jobs, including cleaning and garbage disposal, which prevented them from interacting with tourists, a major source of hard currency.

There were no statistics stating whether the government effectively enforced applicable laws.

The monthly minimum wage was fixed at 225 CUP ($9). The minimum wage requirement does not apply to the nonstate sector, including the self-employed. The government supplemented the minimum wage with free education, subsidized medical care (daily wages are reduced by 40 percent after the third day of a hospital stay), housing, and some food. Even with subsidies, the government acknowledged that the average wage of 700 CUP ($29) per month did not provide a reasonable standard of living.

The standard workweek is 44 hours, with shorter workweeks in hazardous occupations, such as mining. The law provides workers with a weekly minimum 24-hour rest period and 24 days of paid annual vacation. These standards apply to state workers as well as to workers in the nonstate sector, but not to the self-employed. The law does not provide for premium pay for overtime or prohibit obligatory overtime, but it generally caps the number of overtime hours at 12 hours per week, or 160 per year. The law provides few grounds for a worker to refuse to work overtime. Refusal to work overtime can result in a notation in the employee’s official work history that could imperil subsequent requests for vacation time. The Ministry of Labor and Social Security (MTSS) has the authority to establish different overtime caps as needed. Compensation for overtime is paid in cash at the regular hourly rate or in additional rest time, particularly for workers directly linked to production or services, and it does not apply to management. Workers complained that overtime compensation was either not paid or not paid in a timely manner.

The government set workplace safety standards and received technical assistance from the International Labor Organization to implement them. The MTSS enforced the minimum wage and hours-of-work standards through offices at the national, provincial, and municipal levels, but the government lacked mechanisms to enforce occupational safety and health standards adequately. There was no information available about the number of labor inspectors. Reports from recent years suggested there were very few inspectors and that health and safety standards frequently were ignored or weakened by corrupt practices.

According to government statistics, 567,982 workers (33 percent of whom were female) were self-employed at the end of June, a 5 percent increase from 2016. The percentage of the total workforce in the private sector increased from approximately 25 percent in 2012 to 29 percent at the end of 2016. The government maintained a list of fewer than 200 trades in which citizens were allowed to operate privately, including hiring labor. Self-employed and private sector workers obtained licenses by applying to the MTSS and were subject to inspection by the government. In August the government suspended the issuance of new licenses for certain activities in the lucrative hospitality sector. Despite criminal penalties for doing so, a significant number of workers participated in the informal economy, including individuals who actively traded on the black market or performed professional activities not officially permitted by the government. There were no reliable reports or statistics about the informal economy.

Foreign companies operated in a limited number of sectors, such as hotels, tourism, and mining. Such companies operated via a joint venture in which the government contracted and paid company workers in pesos an amount that was a small fraction of what the company remitted to the state for labor costs. Most formal employment took place only through government employment agencies. Employers, including international businesses and organizations, were generally prohibited from contracting or paying workers directly, although many reportedly made supplemental payments under the table. The MTSS enforces labor laws on any business, organization, or foreign governmental agency based in the country, including wholly owned foreign companies operating in the country, joint-stock companies involving foreign investors operating in the country, the United Nations, international NGOs, and embassies. Cuban workers employed by these entities are subject to labor regulations common to most state and nonstate workers, and to some regulations specific to these kinds of entities. Government bodies, including the tax-collecting agency, the Ministry of Finance and Prices, enforced regulations. There were no reports about protections for migrant workers’ rights.

Official government reports cited 3,576 workplace accidents in 2016 (an increase of 92 compared with 2015) and 89 workplace deaths (an increase of 18 compared with 2015). The CTC provided only limited information to workers about their rights and at times did not respond to or assist workers who complained about hazardous workplace conditions. It was generally understood that workers could not remove themselves from dangerous situations without jeopardizing their employment, and authorities did not effectively protect workers facing this dilemma.

The law provides for the right of workers to form and join independent unions of their choice without authorization or excessive requirements. It permits them to conduct their activities without interference. The right to associate freely covers both citizens and foreign workers, but the latter generally did not join unions due to the often short-term nature of their employment or the lack of social interaction with employees who were citizens.

The law provides for collective bargaining. It prohibits antiunion discrimination and does not recognize union activity as a valid reason for dismissal. Workers in most occupations have the legal right to strike if mediation efforts fail, and they generally exercised this right.

Strikes can be restricted or prohibited in essential service sectors, including hospitals, electricity and water supply services, air traffic control, nuclear energy, and the oil and natural gas sector. Members of the armed forces, prosecutors, and judges may not form or join trade unions or strike. The scope for collective bargaining was limited for civil servants, whose wages were regulated by law. Only trade unions may legally represent workers, including nonmembers. When planning a strike, unions are required to inform employers in writing of the number of strikers and provide a list of the members of the strike committee or contact persons for negotiation. They must announce the strike at least three days in advance. While regulations entitle union members to conduct some union activities during work hours, they do not specify how much time workers may use for this purpose, leaving room for diverse interpretations on the part of employers.

The law protects union officials from dismissal by an employer during their term of union service and for 12 months after its completion. To dismiss a union official, an employer must seek prior consent from the employee’s unit within the union. If the union does not consent, a dismissal notice is invalid.

The government worked to enforce such laws effectively and permitted unions to conduct their activities without interference. Government resources for inspections and remediation were adequate, and legal penalties in the form of fines were sufficient to deter violations.

The Czech-Moravian Federation of Trade Unions (CMKOS) complained that, under the law, employers are not required to consult with unions on matters related to individual employees or to seek mutual agreement on some workplace problems, hurting the ability of employees of small enterprises to maintain union rights.

According to CMKOS, employer violations of the labor law and trade union rules continued during the year, following the trend of the previous several years. CMKOS reported a number of violations and cases of discrimination and unequal treatment, including employers raising administrative obstacles to collective bargaining; making unauthorized, unilateral wage changes; and threatening to dismiss employees who asserted their union rights, refused to terminate union activities, or attempted to form unions. Sometimes, employers formed “yellow,” employer-dominated trade unions to thwart collective bargaining by splitting unity and capacity of action of employees.

According to CMKOS, some employers forced employees to work without a regular work agreement during a “trial period,” paying them only a minimum wage with the remaining amount provided “under the table” or not paying wages on time in violation of the labor law. Nevertheless, proving a violation of the law was difficult. Employees, union as well as nonunion, were often unwilling to file formal complaints or testify against their employers due to fear of losing their jobs, having their wages reduced, or being moved to positions with poorer working conditions, regardless of the positive macroeconomics situation which includes low unemployment and a labor shortage. Employees would usually file complaints only if the employer stopped paying wages, their jobs were immediately threatened, or after a job loss.

CMKOS still reported cases of employers not allowing union members sufficient paid time off to fulfill their union responsibilities or pressuring union members to resign their employment to weaken the local union unit. There were cases of bullying of union officials, including unreasonable performance evaluation criteria, excessive monitoring of work performance, and being targeted for disciplinary action or reduced financial compensation based solely on union participation.

During the year labor unions most frequently used strike alerts and strikes to advance their goals. Strikes and strike alerts targeted wages, obstacles in collective bargaining, excessive overtime, premium pay for overtime, concerns about the closure of a business without a follow-on social program, including reasonable compensation for disadvantaged employees such as single parent employees, or intended layoffs.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced these prohibitions. In the previous few years, inspections were more numerous and enforcing the law was more effective.

The government implemented legislation tightening regulation of potentially abusive labor agencies by raising requirements to enter the labor agency business, levying fines for illegal employment, and establishing limits on temporary employment of foreign nationals. Resources, inspections, and remediation were adequate. Penalties for violations were sufficient to deter violations.

There were reports that men and women, including migrant workers, were subjected to trafficking for forced labor, typically through debt bondage. The Ministry of Interior reported seven victims of forced labor in the first eight months of the year. Private labor agencies often used deceptive practices to recruit workers from abroad as well as from inside the country.

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 age for employment is 15. Employment of children between the ages of 15 and 18 was subject to strict safety standards, limitations on hours of work, and the requirement that work not interfere with education.

The law permits children under 15 (or until completion of mandatory elementary education) to work only in certain areas: cultural and artistic activities, advertising, product promotion, and certain modelling and sport activities. A child under 15 may work only if he or she obtains a positive health assessment from a pediatrician and prior approval by the Labor Office. Work permits for children are issued for 12 months. Resources, inspections, and remediation were adequate. The State Bureau for Labor Inspections (SBLI) effectively enforced these regulations. Penalties for infringement of these laws and regulations were sufficient to deter violations. During the year the SBLI did not report any child labor law violations.

Labor laws and regulations prohibit any kind of discrimination based on nationality, race, color, religion, political opinion, national origin, sex, sexual orientation or gender identity, age, disability, HIV-positive status or presence of other communicable diseases, social status, or trade union membership. According to the 2015 analysis of socially excluded localities in the country conducted by the Gabal Analysis Company, unemployment within the Roma community was high, especially in socially excluded localities where it amounted to 80-85 percent. In the rest of the country, Romani unemployment was 39 percent, while among the non-Roma the rate was 3.3 percent.

In 2016 the SBLI conducted checks for unequal treatment and discrimination and imposed penalties violations of discrimination laws, mostly noncompliance with the requirement to employ a specific number of persons with disabilities, discrimination based on gender and age, or the publication of discriminatory job advertisements that were sufficient to deter violations. According to CMKOS, cases of labor discrimination usually involved gender pay gaps.

In 2016 women made up 44 percent of the nonagricultural workforce. Women’s salaries lagged behind those of men by approximately 24 percent.

Associations supporting HIV-positive individuals reported cases of discrimination. HIV-positive individuals are not legally obligated to report their diagnoses to their employer unless the diagnosis prevents them from executing their duties. Some employers dismissed HIV-positive employees due to prejudices of other employees. To avoid accusations of discrimination, employers justified such dismissals on administrative grounds, such as redundancy.

The government generally enforced the antidiscrimination laws involving employment effectively. According to the ombudsman’s report, discrimination occurred in job advertisements, which mentioned criteria such as age, gender, physical disability, and nationality. Employees were often unwilling to file formal complaints or testify against their employers due to fear of losing their jobs, having their wages reduced, or being transferred to positions with poorer working conditions.

The Ministry of Labor and Social Affairs establishes and enforces minimum wage standards. The minimum wage is above the “minimum subsistence cost,” which is defined as the minimum amount needed to satisfy the basic needs of a working-age adult for a month. Enforcement of the minimum wage was one of the primary objectives of SBLI inspections.

The law provides for a 40-hour workweek, two days of rest per week, and a break of at least 30 minutes during the standard eight-hour workday. Employees are entitled to at least 20 days of paid annual leave. Employers may require up to eight hours per week of overtime to meet increased demand but not more than 150 hours of overtime in a calendar year. Additional overtime is subject to the consent of the employee. The labor code requires premium pay for overtime that is equal to at least 125 percent of average earnings.

The government set occupational health and safety standards, which were appropriate for the country’s main industries. The labor code obliges an employer to provide safety and health protection in the workplace, maintain a safe and healthy work environment, and prevent health and safety risks.

SBLI inspectors conducted checks for compliance with the labor code and imposed penalties that were sufficient to deter violations. SBLI’s labor inspection plan focused on sectors where there were typically high-risk working conditions, such as construction, agriculture, and forestry.

The SBLI is responsible for combating illegal employment. Labor inspectors prioritized inspections for illicit employment in those sectors that were especially vulnerable to illegal employment, such as the lodging/catering, retail, warehousing and logistic centers, agricultural, forestry, and construction industries. Inspectors conducted numerous inspections in selected, seasonal businesses, including outdoor swimming parks, ski resorts, gasoline stations, and service stations. To strengthen the effectiveness of inspections, SBLI inspectors acted in conjunction with the Labor Office, the Social Insurance Bureau, the Licensing Office, foreign police, the Customs Office, and police.

Employers sometimes ignored standard work conditions requirements in situations involving migrant workers. More than 90 percent of migrant workers were Ukrainians, followed by Moldovans and Vietnamese. Migrant workers were most frequently employed in the construction industry and forestry. Many worked in the so-called shadow economy with no work permits and often faced hazardous and exploitative working conditions. Relatively unskilled foreign workers from less developed countries were sometimes dependent on temporary employment agencies to find and retain work. Migrants sometimes worked in substandard conditions and were subjected to undignified treatment by these agencies. Most commonly, salaries were paid to the agencies, which then garnished them, resulting in workers receiving subminimum wages, working overtime without proper compensation, or working without compensation. Since migrant workers seldom filed formal complaints of such abuses, authorities had few opportunities to intervene.

The SBLI effectively enforced health and safety standards. Laws requiring acceptable conditions of work cover all workers equally in all sectors. During the year the SBLI conducted checks focused on health and safety standards, primarily in the construction, manufacturing, transportation, agricultural, forestry, and heavy machine industries. The inspections occurred both proactively and in response to complaints. Authorities imposed penalties that were sufficient to deter violations.

In 2016 the number of registered injuries in the workplace increased by 1 percent from 2015. Fatal accidents decreased by 0.8 percent during 2016. The vast majority of workplace injuries and deaths occurred in the mining, transport, construction, warehousing, and processing industries. According to the SBLI, the most common causes of injuries or fatal incidents included underestimated risk, falls from height, irresponsible application of dangerous work procedures and techniques, unauthorized conduct and/or stay in hazardous zones, and failure to observe bans. Employees of small and medium-sized companies often declined to use protective gear even though their employer provided it.

Workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment, and the SBLI aimed to enforce this standard consistently.

The law states all workers may form or join independent unions. The law provides for the right to collective bargaining and to legal strikes but does not provide nonresident foreign workers on Danish ships the right to participate in the country’s collective bargaining agreements. It allows unions to conduct their activities without interference and prohibits antiunion discrimination.

These laws were effectively enforced. Resources, inspections, and remediation including supporting regulations were adequate. Penalties were sufficient to deter violations. Breaches of collective agreement are typically referred to the Labor Court, and, if the parties agree, the industrial arbitration courts may decide whether there was a breach. Penalties for violation are determined on the facts of the case and with due regard to the degree that the breach of agreement was excusable. Penalties typically imposed by the Labor Court frequently amount to 500,000 kroner ($80,000) and in more serious cases as high as 20 million kroner ($3.2 million).

Employers and the government generally respected freedom of association and the right to collective bargaining. Annual collective bargaining agreements covered members of the workforce associated with unions and indirectly affected the wages and working conditions of nonunion employees.

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced this prohibition. The law prescribes penalties of up to 10 years’ imprisonment for violations, which was generally sufficient to deter violations. The most recent (2016) statistics of the Danish Center for Human Trafficking identified five victims of forced labor, two for (commercial) forced labor, and three who were trafficked to the country to commit crimes, such as drug sales and organized theft. The government also trained tax inspectors and trade union officials to identify 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

The minimum legal age for full-time employment is 15. The law sets a minimum age of 13 for part-time employment and limits school-age children to less strenuous tasks. The law limits work hours and sets occupational health and safety restrictions for children, and the government effectively enforced these laws. Minors may not operate heavy machinery or handle toxic substances, including harsh detergents. Minors may only carry out “light work” that is the equivalent of lifting no more than 26.4 pounds from the ground and 52.8 pounds from waist height. For minors working in jobs where there is a higher risk of robbery, such as a snack bar, kiosk, bakery, gas station, a coworker over the age of 18 must always be present between the hours of 6:00 p.m. and 6:00 a.m. on weekdays, and 2:00 p.m. and 6:00 a.m. on weekends.

The law prohibits employment discrimination and the government generally enforced these laws effectively. Penalties for violations include fines and imprisonment and were generally sufficient to deter violations. Discrimination in employment and occupation was limited and occurred with respect to gender and ethnicity (see section 6).

Danish gender equality law does not apply to Greenland, but Greenland’s own law prohibits gender discrimination. No Greenlandic laws prohibit discrimination based on race, ethnic origin, religion, sexual orientation, or disability.

The law does not mandate a national minimum wage, and unions and employer associations negotiated minimum wages in collective bargaining agreements. The average minimum wage for all private- and public-sector collective bargaining agreements was 110 kroner ($17.60) per hour, exclusive of pension benefits. The law requires equal pay for equal work; migrant workers are entitled to the same minimum wages and working conditions as other workers.

Workers generally worked a 37.5-hour week established by contract rather than law. Workers received premium pay for overtime, and there was no compulsory overtime. Working hours are set by collective bargaining agreements, and adhere to the EU directive that average workweeks not exceed 48 hours.

The law prescribes conditions of work, including safety and health standards, and authorities enforced compliance with labor regulation. Minimum wage, hours of work, and occupational safety and health standards were effectively enforced in all sectors, including the informal economy. Penalties for safety and health violations, for both employees and employers, include fines or imprisonment for up to one year; penalties for violations that result in a serious personal injury or death include imprisonment for up to two years. The Danish Working Environment Authority (DWEA) under the Ministry of Employment may settle cases subject only to fines without trial. These penalties were considered sufficient to deter violations.

The Ministry of Employment is responsible for the framework and rules regarding working conditions, health and safety, industrial injuries, financial support, disability allowances, and enterprise placement services. The DWEA is responsible for enforcing health and safety rules and regulations. This is carried out through inspection visits as well as guidance to companies and their internal safety organizations. The DWEA’s scope applies to all industrial sectors except for work carried out in the employer’s private household, exclusively by members of the employer’s family, and by military personnel. The Danish Energy Agency is responsible for supervision of offshore energy installations, the Maritime Authority is responsible for supervision of shipping, and the Civil Aviation Administration is responsible for supervision in the aviation sector.

The DWEA has authority to report violations to the police or the courts if an employer fails to make required improvements by the deadline set by the DWEA. Court decisions regarding violations were released to the public and show past fines imposed against noncompliant companies or court-ordered reinstatement of employment. Greenland and the Faroe Islands have similar work conditions, except in both cases collective bargaining agreements set the standard workweek at 40 hours.

Workers can remove themselves from situations they believe endanger their health or safety without jeopardy to their employment, and authorities effectively protected employees in these situations. The same laws protect legal immigrants and foreign workers and apply equally to both categories of workers.

The number of labor inspectors was considered sufficient to enforce compliance. The DWEA effectively enforced labor health and safety standards in all sectors, including enforcement of limiting the hours worked per week. Vulnerable groups generally include migrant and seasonal laborers, as well as young workers.

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination by providing that employers must reinstate workers who file a complaint of illegal dismissal, which can cover being fired for engaging in union activities. The law applies to all workers.

Restrictions on worker rights include the fact that emergency, port, electricity, telecommunications, and prison services, as well as the banana, coconut, and citrus fruit cultivation industries, are deemed “essential.” The International Labor Organization (ILO) noted that the list of essential services is broader than international standards and called on the government to exclude the banana, citrus, and coconut industries, as well as the port authority, from the schedule of essential services. The procedure for essential workers to strike is cumbersome, involving appropriate notice and submitting the grievance to the labor commissioner for possible mediation. Strikes in those services deemed essential also could be stopped by compulsory arbitration. In recent years mediation by the Office of the Labor Commissioner resolved approximately 70 percent of strikes and sickouts, while the rest were referred to the Industrial Relations Tribunal for binding arbitration.

The government and employers generally respected freedom of association and the right to collective bargaining. The government generally enforced laws that govern worker rights, and penalties generally were effective at deterring violations. Administrative and/or judicial procedures were not subject to lengthy delays or appeals, and there were no cases during the year. Government mediation and arbitration were free of charge. Few disputes escalated to strikes or sickouts. A company, a union representative, or an individual may request mediation by the Ministry of Justice, Immigration, and National Security. In most cases the ministry resolved the matter.

Workers exercised the legal right to organize and choose their representatives. Small family-owned farms performed most agricultural work, and workers on such farms were not unionized. Workers exercised the right to collective bargaining, particularly in the nonagricultural sectors of the economy, including in government service. Employers generally reinstated or paid compensation to employees who obtained favorable rulings by the ministry after filing a complaint of illegal dismissal. Generally, essential workers conducted strikes and did not suffer reprisals.

The constitution prohibits most forms of forced or compulsory labor, but neither the criminal code nor the labor code prescribes penalties for forced labor. There were no reported cases of forced labor.

c. Prohibition of Child Labor and Minimum Age for Employment

The law allows children to start working at the age of 12 years in family-run businesses and farms, as long as the work does not involve selling alcohol. The law allows children age 14 to work in apprenticeships and regular jobs that do not involve hazardous work. The law prohibits employing any child under 16 during the school year but makes an exception for family-owned businesses. While the government does not have a comprehensive list of hazardous work prohibited for children, the Ministry of Justice, Immigration, and National Security reported that jobs such as mining and seafaring were considered hazardous. In addition children under 18 are prohibited from engaging in night work and from working on ships. Safety standards limit the type of work, conditions, and hours of work for children over 14, most of whom worked in services or hospitality. Children may not work more than eight hours a day. The government effectively enforced these standards, and no abuses were reported. The law provides for sentences of up to 20 years in prison for child labor violations. Although resources were insufficient to engage in inspections on a comprehensive basis, the laws and penalties generally were adequate to remove children from illegal child labor.

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 constitution specifically prohibits discrimination based on race, gender, place of origin, color, creed, and political opinion, and the government generally enforced this provision. There were no government programs in place to prevent discrimination in the workplace.

Discrimination in employment and occupation occurred with respect to women, sexual orientation, and persons with disabilities. The labor law permits employers to pay persons with disabilities less money (see section 6).

The minimum wage law establishes no universal minimum wage but rather varies base wages depending on the category of workers, with the lowest minimum wage set at $4.00 east Caribbean dollars (XCD) ($1.48) per hour and the highest minimum wage at $5.50 XCD ($2.04) per hour. A 2009 study by the Central Statistical Office, the most recent data available, estimated the poverty income level at $6,230 XCD ($2,310) annually and found that 29 percent of the population lived below this threshold. The law provides that the labor commissioner may authorize the employment of a person with disabilities at a wage lower than the minimum rate to enable that person to be employed gainfully. The labor commissioner did not authorize subminimum wages during the year.

The standard legal workweek is 40 hours, worked in five or six days. The law provides for overtime pay for work above the standard workweek, and the employee must give prior agreement for overtime work. The law does not prohibit forced or compulsory overtime but mandates that overtime wages paid to employees be not less than 1.5 times standard wages. Some overtime violations were reported in the tourism sector. Work on holidays is paid double, and the law stipulates paid holidays.

The law mandates that occupational health and safety standards be consistent with international standards. The Employment Safety Act of 1982 was amended during the year in accordance with ILO safety and health standards. Workers have the right to remove themselves from unsafe work environments without jeopardizing their employment, and authorities effectively enforced this right.

Enforcement is the responsibility of the labor commissioner within the Ministry of Justice, Immigration, and National Security, including in sectors where workers were not commonly unionized such as the informal sector, but the commissioner lacked sufficient resources to do so effectively. Four inspectors from the Department of Labor in the ministry, as well as 12 safety officers in the Fire Department, conducted inspections. To ensure compliance with labor regulations, inspectors have the authority to prescribe specific compliance measures and impose fines. Noncompliance can result in prosecution of offenders. The penalties for violations were insufficient to ensure compliance. The Ministry of Health had 17 inspectors who also inspected labor violations and conducted health and safety surveys. Fines for noncompliance with the Occupational Health and Safety Act were up to $10,000 XCD ($3,700), and $75 XCD ($28) per day for violations of wage or hours of work laws. Domestic service labor is not covered by labor law.

The informal sector was significant, although statistics were unavailable. No social protection is provided to persons in the informal sector beyond social security benefits for maternity leave, sickness, disability, or death. Most of the informal sector worked in agriculture.

Quarry workers faced hazardous conditions. Some reports claimed that workers entered mines before adequate time elapsed after blasting, exposing them to hazardous chemicals. Other reports claimed that workers refused to wear their protective gear due to discomfort.

There were no reported workplace fatalities and accidents.

The law, related regulations, and statutory instruments provide workers with the right to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law allows unions to conduct their activities without interference and prohibits antiunion discrimination. Both employees and employers have the right to request that labor dispute committees, consisting of representatives of unions and employers, or the courts resolve individual labor disputes. The law prohibits discrimination against employees because of union membership and requires the reinstatement of workers fired for union activity. Public-sector employees do not have the right to strike, but they can negotiate their salaries and working conditions directly with their employers.

The government generally enforced applicable laws. Resources, inspections, and remediation were usually adequate to achieve compliance with the law. In most cases violators incurred fines that were sufficient to deter violations. Criminal proceedings and civil claims were also available. The penalties employers had to pay were related primarily to workplace accidents and occupational illnesses. Administrative and judicial procedures were not subject to lengthy delays.

The government and most employers generally respected freedom of association and the right to bargain collectively. Parties freely engaged in collective bargaining, and there were no reports that the government or parties interfered in the functioning of workers’ organizations.

The Confederation of Estonian Trade Unions alleged frequent violations of trade union rights in the private sector during the year. Confederation officials claimed antiunion behavior was widespread. They also reported that some enterprises advised workers against forming trade unions, threatening them with dismissal or a reduction in wages if they did, or promising benefits if they did not.

The law prohibits forced or compulsory labor, and the government effectively enforced the law. In 2016 police registered two cases of a forced-labor crime. In 2016, 14 cases concerning trafficking in persons reached the courts; 29 individuals, of whom seven were women, and two companies were found guilty. Penalties for human trafficking and forced-labor offenses range up to 15 years’ imprisonment. While penalties for violations were sufficient, their application in sentencing often failed to reflect the seriousness of the crime.

See also 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

An amendment to the law regulating work by for minors took effect in May. The law removed several restrictions on hiring minors and made it possible for companies to apply for support for minors’ salaries. Minors who have graduated from the basic school may work full time. In most cases, the legal minimum age for employment is 18, but 15- to 17-year-old children may work, depending on whether or not the child is still at school. Seven- to 12-year-old children may engage in light work in the areas of culture, art, sports, or advertising with the consent of the Labor Inspectorate. Minors may not perform hazardous work, such as handling explosive substances, working with wild animals, etc. The law limits the hours that children may work and prohibits overtime or night work. The Labor Inspectorate is responsible for enforcing these laws. The government effectively enforced laws and policies to protect children from exploitation in the workplace. There were no separate inspections regarding the age of child workers. The government effectively enforced applicable law.

The government generally enforced the law prohibiting discrimination in employment and occupation. If workers claimed discrimination and turned to the courts, and the Labor Inspectorate or gender equality commissioner and the appropriate institution found the suit justified, workers were indemnified by employers. With respect to employment or occupation, labor laws and regulations require employers to protect employees against discrimination, follow the principle of equal treatment, and promote equal treatment and gender equality. Nevertheless, discrimination in employment or occupation occurred with respect to age, gender, disability, ethnicity, and language (see section 6), and there were complaints to the gender and equal treatment commissioner, the legal chancellor, and the Labor Inspectorate.

Although women have the same rights as men under the law and are entitled to equal pay for equal work, employers did not always respect these rights. Despite possessing a higher average level of education than men, according to March 2017 Eurostat statistics, women’s average earnings were 26.9 percent lower than those of men for the same work. There continued to be female- and male-dominated professions. Women constituted one-third of managers.

Fewer than 25 percent of persons with disabilities had jobs. During the year the commissioner for gender equality and equal treatment received more claims of discrimination based on disability than in previous years. Persons with disabilities faced discrimination in employment and access to the workplace.

Russian speakers worked disproportionately in blue-collar industries and continued to experience higher unemployment than ethnic Estonians. Some noncitizen residents, particularly ethnic Russians, alleged that the language requirement resulted in job and salary discrimination. Roma reportedly faced discrimination in employment (see section 6, National/Racial/Ethnic Minorities).

The country had a national monthly minimum wage that was higher than the poverty income level. Authorities generally enforced minimum wage laws.

The standard workweek is 40 hours. The law requires a rest period of at least 11 hours in sequence for every 24-hour period. Reduced working time is required for minors and for employees who perform work that is underground, poses a health hazard, or is of an otherwise special nature. The law provides for paid annual holidays and requires overtime pay of not less than 150 percent of the employee’s hourly wage. The government effectively enforced these requirements. There is no prohibition against excessive compulsory overtime.

The government sets occupational health and safety standards. Minimum wage, hours of work, and occupational health and safety standards were generally enforced in all sectors. The Labor Inspectorate, the Health Protection Inspectorate, and the Technical Inspectorate were responsible for enforcing these standards and made efforts to do so in both the formal and informal sectors. Violations of health and safety standards were more common in the construction and wood-processing industries. The Labor Inspectorate was adequate to enforce compliance. Penalties for violations include fines and were sufficient to deter violations. In 2016 the Labor Inspectorate prescribed penalties in 187 cases, of which 100 were for companies and 87 for individuals. Men from Poland and Ukraine experienced labor exploitation, particularly in the construction sector, where “envelope wages” (nontaxed cash payments) were sometimes paid.

Laws and regulations allow workers to remove themselves from situations that endanger their health or safety without jeopardy to their employment. Authorities effectively protected employees in this situation.

The law provides for the right to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and any restriction or obstruction of these rights.

The government effectively enforced all applicable laws regarding the freedom of association and the right to collective bargaining. Employers who violate the rights of employees to organize and retain employee representatives may face administrative measures, legal proceedings, and fines. The penalties were generally sufficient to deter violations. Authorities and employers generally respected freedom of association and the right to collective bargaining, and there were no reports of violations.

The law does not permit public-sector employees who provide “essential services,” including police officers, firefighters, medical professionals, and border guards, to strike. An official dispute board can make nonbinding recommendations to the cabinet on ending or limiting the duration of strikes when they threaten national security. Employees prohibited from striking can use arbitration to provide for due process in the resolution of their concerns.

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law. Penalties for forced or compulsory labor depend on the severity of the crime and range from four months to 10 years in prison. Despite strong penalties for violations, some cases of persons subjected to conditions of forced labor in the country were reported during the year.

Men and women were subjected to conditions of forced labor in the construction, restaurant, agriculture, metal, and transport sectors and as cleaners, gardeners, and domestic servants.

The debate on seasonal berry pickers’ situation continued during the year, as the trial of a man charged with trafficking 26 Thai berry pickers began in March. According to media reports, the number of seasonal wild berry pickers from Thailand decreased in part because the Thai government warned potential workers about reports of low pay in Finland. Yle reported that the Finnish embassy in Bangkok received slightly more than 2,000 visa applications for berry pickers compared with 3,000 most other years.

News media reported that numerous asylum seekers worked without pay in the restaurant industry, a barbershop, and at least one retail shop. In May, Yle reported that a labor inspector discovered that asylum seekers worked several months without pay in a restaurant in Lahti. The asylum seekers first began working for the restaurant through a three-week internship arranged by an asylum reception center. According to Yle, the center’s director stated that it advised asylum seekers not to work for free, but many did so voluntarily.

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 allows persons between the ages of 15 and 18 to enter into a valid employment contract as long as the work does not interrupt compulsory education. It provides that workers who are 15 to 18 years of age may not work after 10 p.m. or under conditions that risk their health and safety, which the Ministry of Social Affairs and Health defines as working with mechanical, chemical, physical, or biological hazards or bodily strain that may result from lifting heavy loads.

Penalties for violations of child labor regulations range from a fine to up to 12 months in prison. The Ministry of Economic Affairs and Employment effectively enforced child labor regulations. There were no reports of children engaged in work outside the parameters established by law.

The Center for Occupational Safety (OSHA) received 500 reports of work place discrimination in 2016. Of the reports that resulted in further inspection, 14 percent concerned ethnicity, nationality, language, or religion while 24 percent involved alleged discrimination based on age, disability, sexual orientation, or gender. The law requires equal pay for equal work, but there appeared to be a gap in pay between male and female employees.

While there is no national minimum wage law, the law requires all employers, including nonunionized employers, to pay the minimum wages stipulated in collective bargaining agreements. Authorities adequately enforced wage laws.

The standard workweek established by law is no more than 40 hours of work per week with eight hours work per day. The law does not include a provision regarding a five-day workweek, so regular work hours may, at least in principle, span six days. The regular weekly work hours can also be arranged so that the average is 40 hours over a period of no more than 52 weeks. Certain occupations, such as seamen, household workers, road transport workers, and workers in bakeries, are subject to separate workweek regulations. The law entitles employees working shifts or during the weekend to one 24-hour rest period per week. The law limits a worker to 250 hours of overtime per year and 138 overtime hours in any four-month period. Employees are entitled to paid annual holidays and leave.

The Ministry of Economic Affairs and Employment is responsible for labor policy and implementation, drafting labor legislation, improving the viability of working life and its quality, and promoting employment. The Ministry of Social Affairs and Health is responsible for enforcement of labor laws and regulations. In addition, OSHA enforces appropriate safety and health standards and conducts inspections at workplaces. Individuals who commit work safety offenses are subject to a fine or imprisonment for a maximum of one year; individuals who commit working hours offenses are subject to a fine or imprisonment for a maximum of six months. The center informs employers of inspections in advance unless a surprise inspection is necessary for enforcement purposes. A subsequent inspection report gives employers written advice on how to remedy minor defects. In the case of serious violations, the inspector issues an improvement notice and monitors the employer’s compliance. When necessary, OSHA may issue a binding decision and impose a fine. If a hazardous situation involved a risk to life, an inspector can halt work on the site or issue a prohibition notice concerning the source of risk.

Authorities adequately enforced wage and overtime laws. Government resources, inspections, and penalties were adequate to deter most violations.

The law requires employees to report any hazards or risks they discover in working conditions, including in machinery, equipment, or work methods. The law also requires employees, where possible, to correct dangerous conditions that come to their attention. Such corrective measures must be reported to the employer. The law provides employees the right to refuse work that may present a serious danger to their lives or health or the lives or health of others and not to be held liable for any damages that arise from their refusal to work.

According to a 2014 (latest available data) Ministry of Social Affairs and Health report on occupational safety and health, workplace safety concerns were most common in the construction, logistics, health-care, household, and maintenance sectors. According to media reports, men and women faced labor law abuses at approximately equal rates in the construction, restaurant, and health-care services industries.

The constitution and labor law provide workers the right to form and join unions of their choice without previous authorization or excessive requirements. The law provides for the right to bargain collectively and allows unions to conduct their activities without interference. Workers, except those in certain essential services such as police and the armed forces, have the right to strike unless the strike threatens public safety. The law prohibits antiunion discrimination and forbids removing a candidate from a recruitment procedure for asking about union membership or trade union activities. The Ministry of Labor treats discrimination as a criminal offense and prosecutes cases of discrimination by both individuals and companies. Individuals violating the law may be subject to punishment ranging from three years’ imprisonment and a 45,000-euro ($54,000) fine to up to five years’ imprisonment and a 75,000-euro ($90,000) fine if the discrimination occurs in a venue open to the public. Companies violating the law may be subject to punishment ranging from a minimum fine of 225,000 euros ($270,000) to a maximum fine of 375,000 euros ($450,000) if the discrimination takes place in a venue open to the public. These penalties were generally sufficient to deter violations.

Public-sector workers must declare their intention to strike at least 48 hours before the strike commences. In addition, a notification of intent to strike is permissible only after negotiations between trade unions and employers have broken down. Workers are not entitled to receive pay while striking. Wages, however, may be paid retroactively. For road transportation strikes, the law on minimum service provides for wages to be calculated proportionally to time worked while striking. Health-care workers are required to provide a minimum level of service during strikes. In the public transportation (buses, metro) and rail sectors, the law requires the continuity of public services at minimum service levels during strikes. This minimum service level is defined through collective bargaining between the employer and labor unions for each transportation system. Transportation users must also receive clear and reliable information on the services that would be available in the event of a disruption. Authorities effectively enforced laws and regulations prohibiting retaliation against strikers.

Workers freely exercised their rights to form and join unions, conduct union activities, and bargain collectively. Workers’ organizations stressed their independence vis-a-vis political parties. Some of their leaders, however, did not conceal their political affiliations. Although the law prohibits antiunion discrimination, union representatives noted that it occasionally occurred, particularly in small companies. Only 1.4 percent of the workforce in small companies takes part in workplace elections for labor union representatives. The government and employers respected freedom of association and the right to collective bargaining.

The law prohibits all forms of forced or compulsory labor. The law recognizes the offenses of forced labor and forced servitude as crimes.

Men, women, and children, mainly from Eastern Europe, West Africa, and Asia, were subject to forced labor, including domestic servitude (also see section 7.c.). There were no government estimates on the extent of forced labor among domestic workers, many of whom were migrant women and children. In 2016 the NGO Committee against Modern Slavery assisted 167 victims of forced labor, including 125 women. The government attempted to address forced labor by providing financial support to NGOs that assist victims.

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 age for employment is 16. There are exceptions for persons enrolled in certain apprenticeship programs or working in the entertainment industry, who are subject to further labor regulations for minors. The law generally prohibits persons under the age of 18 from performing work considered arduous or dangerous, such as working with dangerous chemicals, high temperatures, heavy machinery, electrical wiring, metallurgy, dangerous animals, working at heights, or work that exposes minors to acts or representations of a pornographic or violent nature. Persons under the age of 18 are prohibited from working on Sunday, except as apprentices in certain sectors, including hotels, cafes, caterers, and restaurants. Youth are prohibited from working between 8:00 p.m. and 6:00 a.m. when they are under 16 and between 10:00 p.m. and 6:00 a.m. when they are between 16 and 18.

The government effectively enforced labor laws, although some children were exploited in the worst forms of child labor, including commercial sexual exploitation and forced criminal activity. Inspectors from the Ministry of Labor investigated workplaces to enforce compliance with all labor statutes. To prohibit violations of child labor statutes, inspectors may place employers under observation or refer them for criminal prosecution. Employers convicted of using child labor risk up to five years’ imprisonment and a 75,000-euro ($90,000) fine. These penalties proved generally sufficient to deter violations. According to the latest report of the Court of Audit released in 2016, there were 2,462 inspectors and comptrollers.

The labor code prohibits discrimination based upon an individual’s national origin, religion, race, sex, lifestyle, sexual orientation, age, family situation, pregnancy, state of health or disability, economic situation and place of residence. Authorities generally enforced this prohibition.

A gender equality law provides measures to reinforce equality in the workplace as well as sanctions against companies whose noncompliance could prevent women from bidding for public contracts. The law also requires employers to conduct yearly negotiations with employees on professional and pay equity between women and men in companies with more than 50 employees.

Employment discrimination based on sex, gender, disability, and national origin occurred.

The law requires that women receive equal pay for equal work. On March 7, National Institute of Statistics and Economic Studies released a study that indicated that in 2014, the most recent year for which data were available, the average annual private sector salary was 23,400 euros ($28,080) for men. Women on average earned 17,820 euros ($21,384) per year. Salary depended on qualifications, age, and sex. The same study also indicated that 18 percent of salaried men in the private sector held managerial positions, while 13 percent of women with similar skills were managers. Women constituted 63 percent of workers without an academic degree and were generally more likely to work part time, due in part to child-care responsibilities; 15.7 percent of women worked part time, compared with 9.2 percent of men.

The Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) reported the unemployment rate for persons with disabilities grew 25 percent in 2015, faster than the growth rate for the general population (10 percent). The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. The law requires noncompliant companies to contribute to a fund managed by AGEFIPH. Approximately 52 percent of companies met the requirement in 2013, while 48 percent contributed into the fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. During the year President Macron initiated a plan to promote the inclusion of workers with disabilities in the workplace.

The minimum wage met the poverty level. Employers, except those in the informal economy, generally adhered to the minimum wage requirement.

The official workweek is 35 hours, although companies may negotiate exceptions with employees. The maximum number of working days for workers is 235 days per year. Maximum hours of work are set at 10 hours per day, 48 hours per week, and an average of 44 hours per week during a 12-week work period. Workdays and overtime hours are fixed by a convention or an agreement in each sector in accordance with the labor code. Based on an executive order signed September 24 by President Macron, companies with fewer than 50 employees may negotiate working conditions directly with employees without involvement of labor unions.

Employees are entitled to a daily rest period of at least 11 hours and a weekly break of at least 24 hours total. Employers are required to give workers a 20-minute break during a six-hour workday. Premium pay of 25 percent is mandatory for overtime and work on weekends and holidays; the law grants each worker five weeks of paid leave per year for a full year of work performed. The standard amount of paid leave is five weeks per year (2.5 weekdays per month, equivalent to 30 weekdays per year). Some companies also allowed other compensatory days for work in excess of 35 hours to 39 hours per week called “spare-time account.” Work in excess of 39 hours per week was generally remunerated.

The government sets occupational health and safety standards in addition to those set by the EU. Government standards cover all employees and sectors. Individual workers could report work hazards to labor inspectors, unions, or (for companies with more than 50 employees) their company health committee, but they did not have an explicit right to remove themselves from a hazardous workplace.

The Ministry of Labor enforced the law governing work conditions and performed this responsibility effectively, in both the formal and the informal economy. The government permitted salaries below the minimum wage for specific categories of employment, such as subsidized jobs and internships, that must conform to separate, clearly defined standards. Labor inspectors enforced compliance with the labor law. Disciplinary sanctions at work are strictly governed by the labor code to protect employees from abuse of power by their employers. Employees could pursue appeals in a special labor court up to the Court of Cassation. Sanctions depend on the loss sustained by the victim and were usually applied on a case-by-case basis.

Penalties for labor violations depend on the status of the accused. The law provides for employers and physical persons convicted of labor violations to be imprisoned for up to three years and pay fines of up to 45,000 euros ($54,000) with additional penalties, including a prohibition on conducting a commercial or industrial enterprise. The law provides companies found guilty of undeclared work to be fined up to 225,000 euros ($270,000) and face additional sanctions, such as closing the establishment, placing it under judicial supervision, making the judgment public, confiscating equipment, or dissolving the establishment as a legal person.

Immigrants were more likely to face hazardous work, generally because of their concentration in sectors such as agriculture, construction, and hospitality services.

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. The law prohibits antiunion discrimination and offers legal remedies to claim damages, including the reinstatement of unlawfully dismissed workers. The government generally respected these rights.

No laws or regulations limit these labor rights. In addition, while civil servants are free to form or join unions, their wages and working conditions are determined by legislation and 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. All employees, whether trade union members or not, usually benefit from the provisions of the bargained collective agreement.

In July the Federal Constitutional Court upheld the Collective Bargaining Unity Law, seeking to reinstate the longstanding “one corporation, one wage agreement” principle after a 2010 Federal Labor Court ruling opened the door for multiple wage agreements. The law aims to prevent small unions from shutting down operations of entire corporations and stipulates that wage agreements must be negotiated between the employer and the union with the most members within a corporation.

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 need to apply the provisions of a collective agreement if the Ministry of Labor and Social Affairs declares a collective bargaining agreement generally binding. The number of such agreements decreased to a minor extent. Employers not legally bound by collective bargaining agreements also often made use of them to determine part or all of the employment conditions of their employees. Employers may contest in court a strike’s proportionality and a trade union’s right to take strike actions. Legislation fails to establish clear criteria, but case law provides specific measures on strike matters.

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 void 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 showed that a considerable number of employers reportedly hired law firms to deter employees from organizing new work councils. This led to calls for new legislation to protect effectively employees intending to exercise their right to establish a work council.

The constitution and federal law prohibit all forms of forced or compulsory labor. Nevertheless, there were reports of forced labor in 2015, the latest year for which statistics were available. 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 companies were discovered employing forced labor, 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 agriculture and construction. There were also reports in restaurants, hotels, meat-processing plants, seasonal industries, and domestic households. In 2015, the latest year for which statistics were available, police completed 19 labor-trafficking investigations which identified 54 victims, mostly from Bulgaria (63 percent) followed by Romania (7 percent), and Hungary (7 percent).

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 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 the person exercising the custodial role authorizes it. Children between the ages of 13 and 15 may not work during school hours, before 8 a.m. or after 6 p.m., and not 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 work that exposes them to the risk of an accident (especially by machine operation or animal care). 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.

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 protects against discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although social 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 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 Equal Treatment 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 June the quadrennial report of FADA on discrimination 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.

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 acts that prohibit teachers from wearing religious symbols at work. In February, one defendant received 8,680 euros ($10,400) after the Berlin Labor Court concluded the school violated equal opportunity laws. In July the Berlin Labor Court decided in favor of a second defendant, ordering compensation of approximately 7,000 euros ($8,400). The third case was under consideration at year’s end.

According to a 2015 study conducted by the Hans-Boeckler Foundation, the unemployment rate among immigrants–particularly those from Turkey, former Yugoslavia, and non-European countries–was twice as high as that of the general population. Immigrants were also more likely to have temporary or marginal employment with fewer prospects for career and wage advancement, regardless of their qualification level. A 2016 study conducted by the Institute for the Future of Work found the risk of discrimination increased with the level of qualifications required for a position.

In March the Federal Statistical Office found that the gross hourly wages of women in 2016–16.26 euros ($19.45)–were on average 21 percent lower than those of men, which were 20.71 euros ($24.85). It named differences in occupations in which women and men were employed as well as unequal requirements regarding leadership experience and other qualifications as the most significant reasons for the pay gap. FADA reported women were at a disadvantage regarding promotions, often due to career interruptions for child rearing.

As of August women occupied 6.1 percent of the positions on publicly listed companies’ management boards and 27.3 percent (versus 22.9 percent two years previously) of positions on supervisory boards in the country’s top 105 companies. The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. The law 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.

In August the Duesseldorf local court abolished a minimum height requirement for male and female police officers in North Rhine-Westphalia following complaints by affected officers.

There were also reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities was 13.4 percent in 2016, considerably higher than that of the general population (on average 6.1 percent for 2016). 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. Companies that fail to meet these quotas face a monthly fine for each required position not filled by a person with disabilities.

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 who were in the country on temporary work permits. In December 2016 the federal government stated that foreign workers in 2015 earned on average 2,467 euros ($2,960) gross per month, or 21.5 percent less than German employees, who earned on average 3,141 euros ($3,769).

The statutory countrywide minimum wage is 8.84 euros ($10.61) per hour. 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 that set their own minimum wages included the electrical trades, painting, scaffolding, roofing, waste management, large-scale laundries, cleaning services, nursing care, hairdressing, meat processing, special mining services, and temporary employment agencies. Sector-wide minimum wages were generally lower in the eastern parts of the country than in the west. According to the Federal Statistical Office, in 2016 persons living in a single household with an income of less than 12,765 euros ($15,318) per year (60 percent of the national median income) or 1,064 euros ($1,277) per month were at risk of poverty. More than 16 million persons (20 percent of the population) fell below this threshold in 2015.

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 maximum workweek under current agreements is 37.7 hours. According to the Federal Statistical Office, the average workweek of full-time employees was 40.5 hours in 2015. 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.

The Customs Office’s Financial Control Illicit Work Unit (FKS) is responsible for monitoring compliance with the statutory and sector-wide minimum wages and hours of work. The FKS conducted checks on 40,374 companies and 355,000 individuals in 2016 and completed 107,080 criminal proceedings. Employees may sue companies if employers fail to comply with the Minimum Wage Act. Courts may sentence employers who violate the provisions to pay a substantial fine.

An extensive set of laws and regulations govern occupational safety and health. A comprehensive system of worker insurance carriers enforced safety requirements in the workplace. Workers may remove themselves from situations that endanger their health or safety without jeopardizing their employment, and authorities effectively protected employees in this situation.

The Federal Ministry of Labor and Social Affairs and its counterparts in the states effectively 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.

Most accidents occurred in the construction, transportation, wood, and metalworking industries. The number of workplace fatalities decreased to 424 in 2016 compared with 470 in 2015.

The law provides for the right of workers to form and join independent unions, participate in collective bargaining, and conduct legal strikes. The law prohibits antiunion discrimination. By law employers may be compelled to reinstate workers illegally fired for union activity. Members of the police force, defense force, fire brigade, and prison guards may not organize or join unions, although police used professional associations as an advocacy tool in pay disputes. Unions can exist without a majority vote from workers, but in order for one to be recognized by the government and act as an “agency shop,” it must first represent 50 percent plus one of the affected workers.

There was no information on the adequacy of enforcement resources. Fines varied widely by case and were not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. The government did not provide updated statistics during the year. By law labor disputes must first be filed with the Ministry of Labor and National Insurance, and if not resolved, they are transferred to an industrial tribunal, which determines penalties (fines) and remedies, up to a maximum of 26 weeks of an employee’s pay. The tribunal’s decision is final and may be appealed in court only on a strict question of law. Authorities reported a case backlog of up to three years at the tribunal.

The government generally respected freedom of association and the right to collective bargaining, and most employers in the private sector did as well. There were reports that some employers utilized individual contracts instead of collective bargaining. Workers occasionally filed disputes with authorities involving “union-busting” charges, specifically in the financial services sector.

The law prohibits all forms of forced or compulsory labor. The government did not always effectively enforce applicable law, due to lack of capacity. The government received five reports of human trafficking, including three sex trafficking victims, one sex and labor victim, and one labor victim. Local nongovernmental organizations noted that exploited workers often did not report their circumstances to government officials due to fear of deportation and lack of education about available resources. Penalties for forced labor range from three to 10 years’ imprisonment and were sufficiently stringent to deter violations.

Undocumented migrants were vulnerable to forced labor, especially in domestic servitude and in the agriculture sector, and particularly in the outlying Family Islands. There were reports that noncitizen laborers, often of Haitian origin, were vulnerable to compulsory labor and suffered abuses at the hands of their employers, who were responsible for endorsing their work permits on an annual basis. Specifically, local sources indicated that employers required noncitizen employees to ‘work off’ the work permit fees, which ranged from B$750 ($750) to B$1,500 ($1,500) for unskilled and semiskilled workers. The risk of losing the permit and the ability to work legally within the country was reportedly used as leverage for exploitation and potential abuse.

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 employment of children under age 14 for industrial work or work during school hours. Children under 16 may not work at night. Children between the ages 14 and 18 may work outside of school hours under the following conditions: in a school day, for not more than three hours; in a school week, for not more than 24 hours; in a nonschool day, for not more than eight hours; in a nonschool week, for not more than 40 hours. The law prohibits persons younger than 18 from engaging in dangerous work, including construction, mining, and road building. There was no legal minimum age for employment in other sectors. Occupational health and safety restrictions apply to all younger workers. Grocery stores frequently violated labor laws by employing “package boys,” some as young as 13.

The government made efforts to enforce the law, with labor inspectors proactively sent to stores and businesses on a regular basis, but resource constraints limited their effectiveness. The Ministry of Labor and National Insurance reported no severe violations of child labor laws, although inspectors reported several instances of children working in small merchant businesses or excess hours in grocery stores. The penalty for violations of child labor law is a fine between B$1,000 ($1,000) and B$1,500 ($1,500), which was sufficient to deter violations.

The law prohibits discrimination in employment based on race, color, national origin, creed, sex, marital status, political opinion, age, HIV status, or disability, but not based on language, sexual orientation and/or gender identity, religion, or social status. The government did not effectively enforce the law, and while the law allows victims to sue for damages, many citizens were unable to avail themselves of this remedy due to poor availability of legal representation and the ability of wealthy defendants to drag out the process in courts. Foreign migrant workers with work permits consistently received legal protections when making complaints to the government.

In July 2015 the Ministry of Labor and National Insurance raised the minimum wage from B$4 ($4) to B$5.25 ($5.25) per hour, well above the established poverty line of B$4,247 ($4,247) per annum. A National Tripartite Council is responsible for implementing the statutory provisions of International Labor Organization Convention 144 and ensuring effective consultation among employers, government, and workers.

The law provides for a 40-hour workweek, a 24-hour rest period, and time-and-a-half payment for hours worked beyond the standard workweek. The law stipulates paid annual holidays and prohibits compulsory overtime. The law does not place a cap on overtime. The government set health and safety standards appropriate to the industries. According to the Ministry of Labor and National Insurance, the law protects all workers, including migrant workers, in areas including wages, working hours, working conditions, and occupational health and safety standards. Workers do not have the right to refuse to work under hazardous conditions, and legal standards do not cover undocumented and informal economy workers.

The ministry is responsible for enforcing labor laws, including the minimum wage, and fielded a team of 16 inspectors that conducted onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints, although inspections occurred infrequently. The ministry generally announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. It was uncertain whether these inspections were effective in enforcing health and safety standards. The government did not levy fines for noncompliance but occasionally forced a work stoppage. Such penalties were not sufficiently stringent to deter violations. Working conditions varied, and mold was a problem in schools and government facilities.