Afghanistan

Section 7. Worker Rights

The law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The law, however, provides no definition of a union or its relationship with employers and members, nor does it establish a legal method for union registration or penalties for violations. The law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provides no other legal protection for union workers or workers seeking to unionize.

Although the law identifies the Ministry of Labor, Social Affairs, Martyrs, and Disabled’s Labor High Council as the highest decision-making body on labor-related issues, the lack of implementing regulations prevented the council from performing its function. There was an inspection office within the ministry, but inspectors could only advise and make suggestions. As a result, the application of labor law remained limited because of a lack of central enforcement authority, implementing regulations that describe procedures and penalties for violations, funding, personnel, and political will.

The government allowed several unions to operate, but it interfered with the National Union of Afghanistan Workers and Employees (NUAWE). The government issued a decree in 2016 mandating the nationalization of property belonging to several Afghan trade unions. After international organizations protested the government’s actions in April, police and military raided and sealed NUAWE offices in Kabul and 28 of their regional offices in apparent retaliation. Freedom of association and the right to bargain collectively were sometimes respected, but most workers were not aware of these rights. This was particularly true of workers in rural areas or the agricultural sector, who had not formed unions. In urban areas, the majority of workers participated in the informal sector as day laborers in construction, where there were neither unions nor collective bargaining.

The law does not sufficiently criminalize forced labor and debt bondage. Men, women, and children are exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment is exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage is common in the brick-making industry. Some families knowingly sell their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were insufficient to deter violations.

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

The labor law sets the minimum age for employment at 15 but permits 14-year-olds to work as apprentices, allows children who are age 15 and older to do light nonhazardous work, and permits children 15 through 17 to work up to 35 hours per week. The law prohibits children younger than age 14 from working under any circumstances. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security guard services; and work related to war.

Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Deficiencies included the lack of penalty assessment authorization for labor inspectors, inadequate resources, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. In May the AIHRC surveyed conditions for children in the workplace and found that 90 percent of employed minor respondents worked more than 35 hours every week and that more than 15 percent reported suffering sexual abuse in the workplace. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coalmines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt, commercial sexual exploitation (see section 6, Children), transnational drug smuggling, and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year. Taliban forces pressed children to take part in hostile acts (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 .

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman”, have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism.

Women continued to face discrimination and hardship in the workplace. Women made up only 7 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Salary discrimination existed in the private sector. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, National/Racial/Ethnic Minorities).

The minimum wage for permanent government workers was 6,500 Afghanis ($90) per month. There was no minimum wage for permanent workers in the private sector, but the minimum wage for workers in the nonpermanent private sector was 5,500 Afghanis ($76) per month. According to the Ministry of Economy, 52 percent of the population earned wages below the poverty line of 2,064 Afghanis ($30) per month.

The law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law also requires employers to provide day care and nurseries for children.

The government did not effectively enforce these laws. Inspectors had no legal authority to enter premises or impose penalties for violations. Resources, inspections, remediation, and penalties for violations were inadequate and insufficient to deter violations.

Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights under the law. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.

Albania

Section 7. Worker Rights

The law and related regulations and statutes provide the right for most workers to form independent unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity.

The law prohibits members of the military and senior government officials from joining unions and requires that a trade union have at least 20 members to be registered. The law provides the right to strike for all workers except indispensable medical and hospital personnel, persons providing air traffic control or prison services, and fire brigades. Strike action is prohibited in “special cases,” such as natural catastrophe, state of war, extraordinary situations, and cases where the freedom of elections is at risk. Workers not excluded by their positions exercised their right to strike.

The law provided limited protection to domestic and migrant workers. Labor unions were generally weak and politicized. Workers who engage in illegal strikes may be compelled to pay for any damages due to the strike action.

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. High fines, which under the law could reach 1.1 million leks ($10,200) or 50 times the monthly minimum wage, were rarely assessed. Fines were consequently not a sufficient deterrent to violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.

Civilian workers in all fields have the constitutional right to organize and bargain collectively, and the law establishes procedures for the protection of workers’ rights through collective bargaining agreements. Unions representing public sector employees negotiated directly with the government. Effective collective bargaining remained difficult because employers often resisted union organizing and activities. In this environment, collective agreements, once reached, were difficult to enforce.

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties of eight to 15 years in prison were sufficiently stringent to deter violations, but they were seldom enforced. Some law enforcement organizations trained their officers to adopt a victim-centered approach to human trafficking. The government continued to identify trafficking victims but prosecuted and convicted a small number of traffickers.

The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c for cases involving children in forced labor in the informal sector.

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

The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” A 2017 decree issued by the Council of Ministers sets working hours for children younger than 18. Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and up to 30 hours per week when school is not in session. Children from 16 to 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Youth and Social Welfare, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.

Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, mining, sewing, street peddling, agriculture, and animal husbandry. Children were subjected to forced begging and criminal activity. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year (see section 6, Displaced Children). The Social Organization for the Support of Youth, an NGO, reported that the majority of street children were boys between 10 and 17. Boys mainly collected plastic or metals for recycling and usually worked unaccompanied. The NGO World Vision also reported that children collected cans, plastic, and metal; and sewed shoes. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particular around the tourist areas.

The SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not sufficient to deter violations.

In 2013, the last year available for statistics, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.

The law criminalizes exploitation of children for labor or forced services, but the government did not enforce the law effectively. SILSS monitoring of child labor and other labor malpractices was insufficient.

According to the State Agency on Children’s Rights, as of August, CPUs and outreach mobile teams had identified more than 300 street children, most of whom had received relevant services. CPUs reported 14 parents to the police during the same period.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. Discrimination in employment and occupation occurred with respect to gender, disability, sexual orientation or gender identity, nationality, or ethnicity. The commissioner for protection against discrimination reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

The national minimum wage was higher than the national poverty threshold. The SILSS is responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.

While the law establishes a 40-hour workweek, individual or collective agreements typically set the actual workweek. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires rest periods and premium pay for overtime, but employers did not always observe these provisions. The government had no standards for a minimum number of rest periods per week and rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to workers in the informal sector, such as domestic employees and migrant workers.

The SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Working conditions in the manufacturing, construction, and mining sectors frequently were poor and, in some cases, dangerous. Violations of wage and occupational-safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties often did not deter violations, because law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators.

Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation.

Algeria

Section 7. Worker Rights

The constitution provides workers with the right to join and form unions of their choice, provided they are citizens. The country has ratified the International Labor Organization’s (ILO) conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully.

The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To found a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of antiunion practices by employers.

The law permits unions to affiliate with international labor bodies and develop relations with foreign labor groups. For example, the General Union of Algerian Workers (UGTA), which represented a majority of public-sector workers, is an affiliate of the International Trade Union Confederation. Nevertheless, the law prohibits unions from associating with political parties and receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities. The government may invalidate a union’s legal status if authorities perceive its objectives to be contrary to the established institutional system, public order, good morals, law, or regulations in force.

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements.

The law provides for the right to strike, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on a number of grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore, all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included banking, radio, and television. Penalties for unlawful work stoppages range from eight days to two months’ imprisonment. The law protects union members from discrimination or dismissal based on their union activities. Penalties for violations of the rights of union members range from fines of DZD 10,000-50,000 ($85-$425) for first offenses or DZD 50,000-100,000 ($425-$850) and 30 days-six months in prison for repeat offenses. The law says any firing or other employment action based on discrimination against union members is invalid.

The government affirmed there were 101 registered trade unions and employers’ organizations. No new trade unions were registered between January and September, and the government said it did not receive any applications. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles imposed by the government as the primary obstacles to establishing legal status. In 2017 the ILO Committee of Experts on the Application of Conventions and Recommendations reiterated that the lengthy registration process seriously impedes the establishment of new unions.

Attempts by new unions to form federations or confederations suffered similar challenges. Representatives of the National Autonomous Union for Public Administration Personnel (SNAPAP) stated that the union continued to function without official status.

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country.

SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, the government restricted union activities and the formation of independent unions in certain critical public services sectors, such as oil and gas and telecommunications. The International Trade Union Confederation reported that judicial persecution of trade union leaders had intensified.

Abdelkader Kouafi, the National Autonomous Union of Sonelgaz Gas and Electricity Workers secretary-general, and Slimane Benzine, president of the National Federation of Internal Security Workers, were sentenced to imprisonment and fines for objecting to poor conditions of work and to the sexual harassment of women workers.

The Committee on the Application of Standards at the International Labor Conference in June requested the government to reinstate employees that the committee determined were fired based on antiunion discrimination and to process expeditiously pending trade union registration applications.

The conclusions of the 2017 ILO’s Committee on the Application of Standards recommended that the government accept an ILO direct contacts mission. The ILO tried to visit during the year but had to cancel the visit when the government was unable to guarantee that they would be able to meet with independent trade unions.

There were several strikes launched in reaction to the government’s refusal to extend official recognition to fledgling new unions and its practice of engaging only with the UGTA.

The law prohibits all forms of forced or compulsory labor. NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, female migrants were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and forced prostitution. Prescribed penalties under this statute range from three to 20 years’ imprisonment, which were sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. Construction workers and domestic workers were reportedly vulnerable. The government increased efforts to investigate and prosecute trafficking offenders and to identify and provide protection services to trafficking victims, including those subject to forced labor.

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

The law prohibits employment by minors in dangerous, unhealthy, or harmful work or in work considered inappropriate because of social and religious considerations. The minimum legal age for employment is 16, but younger children may work as apprentices with permission from their parents or legal guardian. The law prohibits workers under age 19 from working at night.

Although specific data was unavailable, children reportedly worked mostly in the informal sales market, often in family businesses. There were isolated reports that children were subjected to commercial sexual exploitation.

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and in some cases investigated companies suspected of hiring underage workers. From March 18 until April 8, the ministry’s Labor Inspector Service conducted inspections into child labor of 9,748 business–down from 11,575 businesses the previous year. It reported the discovery of four minors–down from 12 the year before. The law for the protection of the child criminalizes anyone who economically exploits a child with a penalty of one to three years’ imprisonment and a fine of DZD 50,000 to DZD 100,000 ($425 to $850); the punishment is doubled if the offender is a family member or guardian of the child. These penalties are neither sufficiently stringent nor commensurate with those prescribed for other serious crimes. Monitoring and enforcement practices for child labor were inconsistent and hampered by an insufficient number of inspectors to examine the formal and informal economy.

The Ministry of National Solidarity, Family, and Women leads a national committee composed of 12 ministries and NGOs that meets yearly to discuss child labor issues. The committee was empowered to propose measures and laws to address child labor as well as conduct awareness campaigns.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment, salary, and work environment based on age, gender, social and marital status, family links, political conviction, disability, national origin and affiliation with a union. The law does not explicitly prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions.

Men held a large percentage of positions of authority in government and the private sector. NGOs reported instances in which unaccompanied migrant female youth were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes or exploited as prostitutes.

A tripartite social pact among business, government, and the official union established the national minimum wage of DZD 18,000 ($153) per month in 2012. There is no official estimate of the poverty income level.

The standard workweek was 40 hours, including one hour for lunch per day. Half of the lunch hour is considered compensated working time. Employees who worked longer than the standard workweek received premium pay on a sliding scale from time-and-a-half to double time, depending on whether the overtime occurred on a normal workday, a weekend, or a holiday.

The law contains occupational health and safety standards that were not fully enforced. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may renegotiate their contract or, failing that, resort to the courts. While this legal mechanism exists, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. Labor standards do not protect economic migrants from sub-Saharan Africa and elsewhere working in the country without legal immigration status, which made them vulnerable to exploitation. The law does not adequately cover migrant workers employed primarily in construction and as domestic workers.

The government requires employers to declare their employees to the Ministry of Labor and to pay social security benefits. Penalties for noncompliance include a prison sentence of two to six months and a fine ranging from DZD 100,000 to DZD 200,000 ($850 to $1,701) and DZD 200,000 to DZD 500,000 ($1,701 to $4,251) for repeat offenders. The government allowed undeclared workers to gain credit for social security and retirement benefits for time spent in the informal economy if they repay any taxes owed after registering.

The Labor Ministry employed one labor inspector per 12,000 workers for a total of 853 as of the end of 2017.

Andorra

Section 7. Worker Rights

The constitution and law provide for workers to form and join independent trade unions. The law does not provide for collective bargaining or the right to strike. Alternate dispute resolution mechanisms such as mediation and arbitration exist. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers fired for union activity.

While the government effectively enforced the law, the county’s main union Unio Sindical d’Andorra (USDA) continued to denounce the lack of laws effectively protecting workers.

The government and employers respected freedom of association. On March 15, for the first time ever, the major labor unions of the public sector organized a protest against the reform of the public service with participation of more than 700 persons. Collective bargaining did not occur during the year. There were no official reports of or investigations into any antiunion discrimination. Workers continued to be reluctant to admit to union membership due to fear of retaliation by their employers and arbitrary dismissal.

The law prohibits all forms of forced or compulsory labor.

The government effectively enforced applicable laws. Penalties were sufficient to deter violations.

The law prohibits children younger than 14 years old from working. Children 14 or 15 years old may work up to two months per year during school holidays following strict regulations contained in the law. The law limits work by children 14 or 15 years old to no more than six hours per day, limits work by children 16 or 17 years old to eight hours per day, provides for safety restrictions, restricts the types of work children may perform, and outlines other conditions. According to the law, children may not work overtime, work overnight, or work in dangerous occupations, especially in the construction sector. The law provides for protection of children from exploitation in the workplace.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law. Some cases of discrimination against persons with disabilities, persons based on sexual orientation, and women occurred with respect to employment or occupation. Discrimination against persons with disabilities existed in the form of social and cultural barriers, as well as disadvantages in the labor market. The Ministry of Social Affairs, Justice, and Interior’s Department for Social Affairs and Labor’s four-year (2016-19) strategic plan favors the hiring of persons with disabilities. The government’s Network of Inclusive Businesses hired 15 persons with disabilities. Companies received fiscal and social incentives for participating.

Women represented 49 percent of the workforce. The law does not require equal pay for equal work. Although no cases were filed during the year, the ADA and trade union representatives from the USDA reported cases of gender discrimination especially relating to unequal salaries for the same work and workplace bullying. Victims were reluctant to file a complaint due to fear of reprisal from employers. The Andorran Social Security Fund and the Department of Statistics estimated that women earned on average 22 percent less than men for comparable work. In the finance sector, this percentage increased to 38 percent. The government made an effort to combat pay discrimination in general, and it applied pay equality within the government.

The national minimum wage was not sufficient to provide a decent standard of living for a worker and family. The government generally enforced minimum wage laws, and penalties were sufficient to deter violations.

Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year.

The responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker.

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The Office had sufficient resources to enforce compliance. Penalties were sufficient to deter violations. As of the end of December 2017, the Labor Inspection Office received 112 complaints during that year.

Angola

Section 7. Worker Rights

The law provides for the right of workers, except members of the armed forces and police, to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must make a good-faith effort to negotiate their grievances with their employer. Should they fail to negotiate, the government may deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Employment, and Social Security. The law does not prohibit employer retribution against strikers, and it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. The Ministry of Public Administration, Employment, and Social Security had a hotline for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities. There were no known cases of retribution against strikers during the year.

The government generally did not effectively enforce applicable labor laws. Labor courts functioned but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the labor code and labor contracts, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. In September 2017 the president of the National Union of the Workers in Angola, Manuel Viage, stated that many foreign companies, primarily Chinese-owned, prohibited their workers from joining labor unions under threat of dismissal. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Employment, and Social Security mandated government worker wages with no negotiation with the unions.

In April the National Teachers’ Union began a six-day strike to demand higher salaries, step increases, and fewer work hours for primary and secondary schools. There were reports that some government administrators threatened teachers with disciplinary measures, including salary cuts, if they participated in the strike.

The law prohibits all forms of forced or compulsory labor.

The government did not effectively enforce the law due in part to an insufficient number of inspectors. Penalties for violations are the same as those for trafficking in persons, ranging from eight to 12 years in prison, and were insufficient to deter violations, primarily due to lack of enforcement.

Forced labor of men and women occurred in fisheries, agriculture, construction, domestic service, and artisanal diamond mining sectors, particularly in Lunda Norte and Lunda Sul Provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. The government continued to make use of a training video for law enforcement and immigration officials that included a short segment on how to identify victims of trafficking, although this was not the sole objective of the film. INAC continued working to reduce the number of children traveling to agricultural areas in the country’s southern regions to work on farms, mostly through community outreach concerning the importance of an education. Forced child labor also occurred.

On July 24, the Union of Fisheries and Derivatives denounced the unfair labor practices of Guanda Pesca, a Chinese and Angolan-administered fishing company. Joaquim de Sousa, the secretary general of the union, harshly criticized the company’s poor operating condition and seven-day work week as akin to modern slavery and threatened to file a criminal complaint. Following the public allegations, Guanda Pesca representatives met with employees and agreed to improve working conditions and decrease working hours.

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

The law prohibits children younger than age 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 years of age or older. Children could work from age 14 to 16 with parental permission or without parental consent if they are married and the work did not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Employment, and Social Security; the Ministry of Social Assistance, Families, and Women’s Promotion; the Ministry of Interior; the Ministry of Labor; INAC; and the national police are the entities responsible for enforcement of child labor laws. On June 12, the Ministry of Labor launched the National Action Plan for the Eradication of Child Labor for 2018-2022, which aimed to map the most prevalent zones and types of child labor in the country to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. An interministerial commission to combat trafficking in persons was created in 2014 to coordinate enforcement actions. The government had difficulty monitoring the large informal sector, where most children worked.

Inspectors are authorized to conduct surprise inspections whenever they see fit. Penalties were generally sufficient to deter violations. Penalties for not signing a written contract for children age 14 and older is a fine of two to five times the median monthly salary offered by the company. Children older than age 14 who are employed as part of an apprenticeship are also required to have a written contract. The penalty on employers for not having this contract is three to six times the average monthly salary of the company. For children found to be working in jobs categorized as hazardous (which is illegal), the fines are five to 10 times the average monthly salary of the company. Nonpayment of any of these fines results in the accrual of additional fines.

The government did not consistently enforce the law. Child labor, especially in the informal sector, remained a problem. On June 19, INAC filed two complaints against four Chinese companies for violating labor laws and child protection statutes. The first complaint stated that a Chinese cement brick manufacturing company in the northwestern city of Saurimo hired underage children to manufacture bricks and load trucks and paid them very little compensation. At year’s end the case was before the Provincial Tribunal of Lunda Sul. The second INAC complaint was against three Chinese fishing companies–Famao-Lda, Fuhaui Atlantico, and Guanda Pesca-Benguela Province. INAC stated the companies recruited children between the ages of 14 and 17 without parental consent as required by law and employed them in poor conditions for little compensation. The investigation into the complaint was ongoing at year’s end. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known whether the government fined any businesses for using child labor. The Ministry of Public Administration, Employment, and Social Security, other government agencies, and labor unions implemented a national plan to limit child labor.

Children engaged in economic activities such as agricultural labor on family farms and commercial plantations–particularly in orchards–as well as in fishing, brick making, artisanal mining, charcoal production, domestic labor, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were forced to act as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths younger than 12 from being tried in court.

Street work by children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda, but many returned during the weekends to some form of dwelling in Luanda or outlying cities. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well.

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

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

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The constitution prohibits all forms of discrimination, although it does not specifically address political opinion, national origin, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, and many women held high-level positions in state-run industries and in the private sector or worked in the informal sector. There were no known prosecutions of official or private sector gender-based discrimination in employment or occupation. Women held ministerial posts.

The government did not effectively implement the law. Persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. Reports during the year indicated that persons with albinism also experienced discrimination in employment and access to public services. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

Discrimination against migrant workers also occurred.

A minimum wage for the formal sector exists, and varies by sector. The minimum wage for the formal sector may be updated annually or when the government assesses economic conditions warrant. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a 50 percent of monthly salary bonus to employees each year in December and an annual vacation. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Employment, and Social Security. Labor law protected foreign workers with permanent legal status or a temporary work visa.

The government effectively enforced the minimum wage law within the formal labor sector. An employer who violates the minimum wage law faces a penalty of between five and 10 times the applicable sector-specific minimum wage payable to the affected employee. Most workers in the informal sector were not covered by wage or occupational safety standards. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes.

A 2016 presidential decree established minimum employment standards for domestic workers, including national minimum wage protection, an eight-hour work day for domestic workers living outside of their employer’s home, a 10-hour work day for domestic workers living inside their employer’s home, compulsory employer contributions to a domestic worker’s social security protection, and maternity and holiday allowances. The Ministry of Public Administration, Employment, and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Some companies received advance warning of impending labor inspections.

The labor law requires a safe work environment in all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions and may file a formal complaint with the Ministry of Public Administration, Employment, and Social Security if employers insist they perform hazardous tasks. The government enforced occupational safety and health standards and investigated private company operations based on complaints made by NGOs and labor unions.

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