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Argentina

Section 7. Worker Rights

e. Acceptable Conditions of Work

In August the government announced increases to the national monthly minimum wage for the June 2018 to June 2019 term, but the minimum wage remained below the official poverty income level for a family for four.

Federal law sets standards in the areas of hours and occupational safety and health. The maximum workday is eight hours, and the maximum workweek is 48 hours. Overtime pay is required for hours worked in excess of these limits. The law prohibits excessive overtime and defines permissible levels of overtime as three hours a day. Labor law mandates between 14 and 35 days of paid vacation, depending on the length of the worker’s service.

The law sets premium pay for overtime, adding an extra 50 percent of the hourly rate on ordinary days and 100 percent on Saturday afternoons, Sundays, and holidays. Employees cannot be forced to work overtime unless work stoppage would risk or cause injury, the need for overtime is caused by an act of God, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur.

The government sets occupational safety and health standards, which were current and appropriate for the main industries in the country. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. In 2016 Congress amended the Labor Risks Law to limit the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector. The Ministry of Production and Labor has responsibility for enforcing legislation related to working conditions. The ministry continued inspections to ensure companies’ workers were registered and formally employed. The ministry conducted inspections in various provinces during the year, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The National Statistics and Census Institute reported approximately 34 percent of the workforce worked informally as of the fourth quarter of 2017. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with health and safety laws and the activities of the labor risk insurance companies.

Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive, although formal workers’ pay was usually higher.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances.

Australia

Section 7. Worker Rights

e. Acceptable Conditions of Work

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

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

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

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

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

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

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

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

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

Austria

Section 7. Worker Rights

e. Acceptable Conditions of Work

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 1,200 euros ($1,380) 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 1,238 euros ($1,420) per month.

The law in general 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. A law that entered into force in August allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked more than an average of 17 weeks must not exceed 48 hours per week. 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. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations.

Foreign workers in both the formal and informal sectors made up approximately 19 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 250,000 worksites. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In cases of violations resulting in serious injury or death, employers may be prosecuted 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; providing 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. Workers generally had to pay into the system in order to receive health-care benefits, unemployment insurance, and pensions, although persons who were not working could qualify for coverage in certain cases.

Workers could 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.

Belgium

Section 7. Worker Rights

e. Acceptable Conditions of Work

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. Penalties were not sufficient to deter violations. Some employers still operated below legal standards.

A specialized governmental department created to fight the informal economy conducted investigations, mainly in the construction, restaurant and hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat such cases as 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.

Brazil

Section 7. Worker Rights

e. Acceptable Conditions of Work

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

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

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

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

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

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

Bulgaria

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage was lower than the government’s official poverty line. The Confederation of Independent Trade Unions of Bulgaria reported that 31 percent of citizens lived under the poverty line.

The law prohibits excessive compulsory overtime. The law prohibits overtime work for children younger than age 18 and for pregnant women. Persons with disabilities, women with children younger than six, and persons undertaking continuing education may work overtime at the employer’s request if the employee provides written consent. The Confederation of Independent Trade Unions of Bulgaria criticized the law’s provision for calculating accumulated working time, noting that it gave employers a way to abuse overtime requirements and thus to hire fewer workers.

A national labor safety program, with standards established by law, provides employees the right to healthy and nonhazardous working conditions.

The Ministry of Labor and Social Policy is responsible for enforcing both the minimum wage and the standard workweek. The law penalizes labor violations with fines ranging from 1,500 to 15,000 levs ($855 to $8,550), which, according to labor unions, failed to act as a deterrent. In addition to fines, penalties may include administrative provisions, such as suspending operations and terminating the employment of those responsible for the violation. As of November the General Labor Inspectorate conducted nearly 37,000 inspections of companies covering more than 1.5 million employees, identifying more than 135,000 violations and imposing various sanctions, including collecting nearly 12 million levs ($6.84 million) in fines.

Each year the government adopts a program that outlines its goals and priorities for occupational safety and health. The General Labor Inspectorate, which had 28 regional offices, is responsible for monitoring and enforcing occupational safety and health requirements. Persons who violate safety and health regulations are subject to a fine of 100 to 500 levs ($57 to $285), employers to a fine of 1,500 to 15,000 levs ($855 to $8,550), and employing officials to a fine of 1,000 to 10,000 levs ($570 to $5,700). Of the violations identified by the inspectorate, nearly 50 percent involved safety and health requirements. According to the labor inspectorate, its activity over the past several years had increased compliance, with 98 percent of inspected companies in compliance with occupational safety and health requirements.

Legal protections and government inspections did not cover informal workers in the grey-market economy, which accounted for more than a quarter of the country’s gross domestic product. In July the Bulgarian Industrial Capital Association stated that the grey economy had shrunk significantly over the past three years. In September the Confederation of Independent Trade Unions of Bulgaria stated that benefits for employees in the informal economy worth between one and two billion levs ($570 million to $1.14 billion) per year remained unpaid, and called for stricter enforcement of the law and punishment of the offending employers.

Conditions in sectors such as construction, mining, chemicals, and transportation continued to pose risks for workers. The number of work-related accidents registered in the first six months of the year decreased slightly. Equipment and technology safety violations were the most common causes of occupational accidents. The government strictly enforced the law requiring companies to conduct occupational health and safety risk assessments and to adopt measures to eliminate or reduce any identified risks. Some 94 percent of the companies inspected in 2017 had such risk assessments, and 98 percent of them had programs for elimination of the identified risks.

As of October there were 60 work-related deaths, mainly in the construction and transportation sectors.

Canada

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no national minimum wage and no official poverty income level. As of October provincial and territorial minimum wage rates ranged from C$14.00 to C$11.06 ($10.75 to $8.50) per hour. Some provinces exempt agricultural, hospitality, and other specific categories of workers from minimum wage rates. For example, Ontario has a minimum wage lower than the respective minimum for adult workers for persons younger than 18 who work less than 28 hours per week when school is in session. The government effectively enforced wage rates and penalties were sufficient to deter violations.

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. 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. Responsibility for identifying unsafe situations resides with authorities, employers, and supervisors, not the worker. 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 2016, the most recent year for which data were available, there were 904 workplace fatalities.

Chile

Section 7. Worker Rights

e. Acceptable Conditions of Work

As of November, the national minimum wage exceeded the poverty level. The law sets the legal workweek at six days or 45 hours. The maximum workday is 10 hours (including two hours of overtime pay), but the law provides exemptions for hours of work restrictions for some categories of workers, such as managers; administrators; employees of fishing boats; restaurant, club, and hotel workers; drivers; airplane crews; telecommuters or employees who work outside of the office; and professional athletes. The law mandates at least one 24-hour rest period during the workweek, except for workers at high altitudes, who may exchange a work-free day each week for several consecutive work-free days every two weeks. Annual leave for full-time workers is 15 workdays, and workers with more than 10 years of service are eligible for an additional day of annual leave for every three years worked. Overtime is considered to be any time worked beyond the 45-hour workweek, and workers are due time-and-a-half pay for any overtime performed.

The law establishes occupational safety and health standards, which are applicable to all sectors. Special safety and health norms exist for specific sectors, such as mining and diving. The National Service for Geology and Mines is further mandated to regulate and inspect the mining industry. The law does not regulate the informal sector. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The Labor Directorate under the Ministry of Labor is responsible for enforcing minimum wage and other labor laws and regulations, and it did so effectively in the formal economy. The Ministries of Health and Labor administered and effectively enforced occupational safety and health standards. The law establishes fines for noncompliance with labor regulations, including for employers who compel workers to work in excess of 10 hours a day or do not provide adequate rest days. Companies may receive “special sanctions” for infractions such as causing irreversible injuries to an employee. An estimated 25 percent of the labor force worked in the informal sector, according to a 2015 Rand report. Workers in the informal economy were not effectively protected in regard to wages or safety.

The Labor Directorate employed labor inspectors during the year. Both the Labor Directorate and NGOs reported the number of inspectors was not sufficient to enforce labor laws throughout the country, particularly in remote areas. NGOs commented inspectors and labor tribunal judges needed more training and that a lack of information and economic means generated an inequality between parties in cases before the tribunals. Fines were not considered to have a deterrent effect with larger employers. The Labor Directorate worked preventively with small and medium-sized businesses to assist in their compliance with labor laws.

Minimum wage violations were most common in the real estate and retail sectors. The sectors with the most infractions in safety and health standards were construction, retail, industrial manufacturing, and commerce. The service sector suffered the most accidents during the year. Immigrant workers in the agricultural sector were the group most likely to be subject to exploitative working conditions.

China (includes Tibet, Hong Kong, and Macau) – China

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no national minimum wage, but the law generally requires local and provincial governments to set their own minimum wage rates for both the formal and informal sectors according to standards promulgated by the Ministry of Human Resources and Social Security. By law employees are limited to working eight hours a day and 40 hours per week; work beyond this standard is considered overtime. It also prohibits overtime work in excess of three hours per day or 36 hours per month and mandates premium pay for overtime work.

During the year the government established a new Ministry of Emergency Management that incorporated parts of the former State Administration for Work Safety; the ministry sets and enforces occupational health and safety regulations. The law requires employers to provide free health checkups for employees working in hazardous conditions and to inform them of the results. The law also provides workers the right to report violations or remove themselves from workplace situations that could endanger their health without jeopardy to their employment.

Regulations state labor and social security bureaus at or above the county level are responsible for enforcement of labor laws. Companies that violate occupational, safety, and health regulations face various penalties, including suspension of business operations or rescission of business certificates and licenses.

The government did not effectively enforce the law. Penalties were not adequate to deter violations and were seldom enforced. The number of inspectors was insufficient to monitor working conditions and did not operate in the informal sector. Although the country’s worker safety record improved over the past seven years, there were a number of workplace accidents during the year. Media and NGO reports attributed them to a lack of safety checks, weak enforcement of laws and regulations, ineffective supervision, and inadequate emergency responses.

Nonpayment of wages remained a problem in many areas. Governments at various levels continued efforts to prevent arrears and to recover payment of unpaid wages and insurance contributions.

Unpaid wages have been an acute problem in the construction sector for decades due to the prevalence of hiring subcontracted low-wage migrant workers. This informal hiring scheme made rural laborers susceptible to delayed payment or nonpayment for their work, prompting them to join in collective action. Workers occasionally took drastic measures to demand payment. In July the Ministry of Human Resources and Social Security claimed it had helped more than one million workers recover a total of 10.88 billion yuan ($1.62 billion) in unpaid wages owed in the first half of the year. According to the Guangzhou Court, for example, from 2015 to 2017 the city’s courts tried 111 criminal cases for wage arrears disputes involving 4,880 victims and 30.62 million yuan ($4.4 million) in wages. The court reported 116 persons were convicted for malintent refusal to pay their employees’ wages.

Companies continued to relocate or close on short notice, often leaving employees without adequate recourse for due compensation.

Workers in the informal sector often lacked coverage under labor contracts, and even with contracts, migrant workers in particular had less access to benefits, especially social insurance. Workers in the informal sector worked longer hours and earned less than comparable workers in the formal sector. In June truck drivers in multiple cities protested stagnant pay and poor working conditions (also see section 7.a.).

Without providing exact numbers, the Ministry of Emergency Management announced in July the number of workplace accidents fell. The ministry also reported while accident and death rates in most sectors were declining, in the construction sector these rates had steadily increased since 2016, making the sector the one with the highest number of accidents and deaths of any industrial and commercial sector for the last nine years. In January, May, and July, media reported more than 100 former construction workers affected by pneumoconiosis from Hunan made three trips to Shenzhen to petition for long overdue compensation for the occupational illness they contracted while working in the city during the 1990s.

According to several official documents published during the year, occupational diseases were prevalent. Patients came from many industries, including coal, chemical engineering, and nonferrous metals.

Although there were fewer news reports on coal mine accidents during the year, the coal mining industry remained extremely deadly. According to the Ministry of Emergency Management, there were 219 coal mine accidents in 2017, causing 375 deaths, which represented a drop of 12 percent and 28.7 percent year-on-year, respectively. On May 9, five persons died when methane gas exploded in a coal mine in central Hunan Province. On August 6, a coal mine gas explosion in Guiyang Province killed 13 miners. In October a coal mine collapse in Shandong Province left 21 dead.

Work accidents also remained widespread in other industries. On June 5, for example, 11 persons were killed and nine injured in an iron mine blast in Liaoning Province. On August 12, a chemical plant blast in Sichuan Province killed 19 and injured 12.

READ A SECTION: CHINA (ABOVE) | TIBET | HONG KONG MACAU

China (includes Tibet, Hong Kong, and Macau) – Hong Kong

Section 7. Worker Rights

e. Acceptable Conditions of Work

On May 1, the statutory minimum hourly wage was readjusted to HK$34.50 ($4.41). In September the SAR increased domestic workers’ minimum monthly wage from HK$4,310 ($552) to HK$4,410 ($564) and increased their minimum monthly food allowance from HK$1,037 ($133) to HK$1,053 ($135). The government requires employers to provide foreign domestic workers with housing, worker’s compensation insurance, and a travel allowance. In its explanation of why live-in domestic workers (both local and foreign) would not be covered by the statutory minimum wage, the government explained “the distinctive working pattern–round-the-clock presence, provision of service-on-demand, and the multifarious domestic duties expected of live-in domestic workers–made it impossible to ascertain the actual hours worked so as to determine the wages to be paid.”

The official poverty line was half of the median monthly household income before tax and welfare transfers, based on household size. For a one-person household, the poverty line was set at HK$3,800 ($486), for a two-person household HK$8,800 ($1,126), for a three-person household HK$14,000 ($1,791), and so on.

There is no law concerning working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. In the absence of such legislation, labor rights groups previously reported most SAR residents worked approximately 56 hours per week. An online survey of foreign domestic workers showed that 76 percent worked more than 12 hours per day and 17 percent worked more than 16 hours per day.

Laws exist to provide for health and safety of workers in the workplace. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. No laws restrict work during typhoon or rainstorm warnings. The Labor Department issued a “code of practice” on work arrangements in times of severe weather, which includes a recommendation that employers require only essential staff to come to work during certain categories of typhoon or rainstorm warnings. Many businesses closed during extreme weather. Employers are required to report any injuries sustained by their employees in work-related accidents.

The government generally enforced the law, and the Labor Tribunal adjudicated disputes involving nonpayment or underpayment of wages and wrongful dismissal. Penalties for violations of minimum wage or occupational safety and health violations include fines, payments of damages, and worker’s compensation payments. These penalties were sufficient to deter violations.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, identification of unsafe conditions, enforcement of safety management legislation, and policy formulation and implementation; it enforced occupational safety and health laws effectively.

In December 2016 a High Court judge ruled the government failed to protect adequately the human rights and safety of a Pakistani man trafficked to the SAR and forced into unpaid labor for several years. The government’s appeal of the case was pending at year’s end.

In 2016 the Labor Department recorded 35,768 occupational injuries and 203 workplace fatalities. In March the chief executive of the Association for the Rights of Industrial Accident Victims claimed the Highways Department had disregarded worker safety on the Hong Kong-Zhuhai-Macau bridge construction project. According to the organization, as of March, 10 workers had died and more than 600 were injured while working on the bridge since 2010.

READ A SECTION: CHINA | TIBET | HONG KONG (ABOVE) | MACAU

Colombia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The legal minimum monthly wage is roughly twice the amount of the poverty line; however, almost half of the total workforce earned less than the minimum wage.

The law provides for a regular workweek of 48 hours and a minimum rest period of eight hours within the week. Exceptions to this may be granted by the Ministry of Labor and were frequently granted in the mining sector. The law stipulates that workers receive premium compensation for nighttime work, hours worked in excess of 48 per week, and work performed on Sundays. The law permits compulsory overtime only in exceptional cases where the work is considered essential for the company’s functioning.

The law provides for workers’ occupational safety and health in the formal sector. The legal standards were generally up to date and appropriate for the main formal industries. The law does not cover informal-sector workers, including many mining and agricultural workers. In general the law protects workers’ rights to remove themselves from situations that endanger health or safety without jeopardy to their employment, although some violations of this right were reported during the year. In cases of formal grievances, authorities generally protected employees in this situation.

The Ministry of Labor is required to enforce labor laws in the formal sector, including occupational safety and health regulations, through periodic inspections by labor inspectors. The government reported that as of April, the ministry employed 868 inspectors countrywide, although not all conducted worksite inspections; 778 of them were in provisional appointments. In April the Civil Service Commission held a national exam that produced a list of eligible candidates for permanent appointment as labor inspectors and other civil servant positions. The exam was challenged, potentially delaying appointments. Individual labor violations can bring fines of up to 5,000 times the minimum monthly wage, but infractions for occupational safety and health can trigger fines of only up to 1,000 times the minimum monthly wage. Unionists stated that more fines needed to be collected to impact occupational safety and health issues.

While the government’s labor inspectors undertook administrative actions to enforce the minimum wage in the formal sector, the government did not conduct any action to do so in the informal sector.

The Ministry of Labor continued to promote formal employment generation. As of the third quarter of the year, DANE reported that 8.6 million, or 39 percent, of the 22 million workers employed nationwide pay into the pension system. The proportion of informal workers in cities and metropolitan areas was 48 percent, according to DANE. The government continued to support complementary social security programs to increase the employability of extremely poor individuals, displaced persons, and the elderly.

Nonunion workers, particularly those in the agricultural and port sectors, reportedly worked under hazardous conditions because they feared losing their jobs through subcontracting mechanisms or informal arrangements if they criticized abuses. Some unionized workers who alleged they suffered on-the-job injuries complained that companies illegally fired them in retaliation for filing workers compensation claims. Only the courts may order reinstatement, and workers complained the courts were backlogged, slow, and corrupt. The Ministry of Labor may sanction a company found to have broken the law in this way, but it may offer no other guarantees to workers.

Security forces reported that illegal armed actors, including FARC dissidents, the ELN, and organized-crime groups, engaged in illegal mining of gold, coal, coltan, nickel, copper, and other minerals. Illegal mines were particularly common in the departments of Antioquia, Bolivar, Cauca, Cordoba, Choco, Narino, and Tolima.

According to the National Mining Agency, through August 23, a total of 61 workers died as a result of accidents in the mines, the majority due to cave-ins.

Croatia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The government effectively enforced wage laws, and penalties were sufficient to deter violations. Minimum wage was slightly above official poverty income level. The law limits overtime to 10 hours per week and 180 hours annually.

The government set health and safety standards to harmonize with EU laws and regulations. Responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker.

The Office of the Labor Inspectorate enforced the labor law through on-site inspections. According to the 2017 Labor Inspectorate Annual Report, there were 236 inspectors, sufficient to enforce compliance. The inspectorate conducted 32,393 workplace inspections in 2017 (up 10 percent from 2016) and reported 6,211 violations of labor laws (up 6 percent from 2016). The inspectorate referred 2,547 of these violations (up 8 percent from 2016) to misdemeanor courts for further action, and it temporarily closed 308 companies (up 6 percent from 2016) during the first six months of the year for labor law violations. The inspectorate issued fines for labor violations, which it deemed sufficient to deter future violations. Nonsafety violations of labor law were most common in the hospitality sector.

Some employees worked in the informal sector without labor protections. There were instances of nonpayment of wages, as well as nonpayment for overtime and holidays. The law allows employees to sue employers for wage nonpayment and provides a penalty of up to three years in prison for convicted employers, although the law exempts employers who fail to pay wages due to economic duress. Workers may sue employers who do not issue pay slips to their employees to bypass mandatory employer contributions to social insurance programs. During 2017 inspectors filed 115 reports (down 14 percent from 2016) for criminal proceedings against employers for nonpayment of wages or for not registering employees properly with state health and pension insurance.

Cyprus

Section 7. Worker Rights

e. Acceptable Conditions of Work

Although there is no national minimum wage, there is a minimum wage for groups deemed vulnerable to exploitation. The minimum wage for shop assistants, clerks, assistant baby and child minders, health-care workers, security guards, cleaners of business premises, and nursery assistants was 870 euros ($1,000) per month for the first six months and 924 euros ($1,060) per month thereafter. The Ministry of Interior establishes terms of employment for foreign domestic workers, for whom the minimum salary was 309 euros ($355) per month–well below the poverty line of 8,698 euros ($10,000) per year for a single person.

Collective bargaining agreements covered workers in almost all other occupations, including unskilled labor. The wages set in these agreements were significantly higher than the poverty level.

Foreign workers were able to claim pensions, and some bilateral agreements allowed workers to claim credit in their home countries. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not actively do so.

The legal maximum workweek is 48 hours, including overtime. The law does not require premium pay for overtime or mandatory rest periods. The law stipulates that foreign and local workers receive equal treatment. The Department of Labor Relations within the Ministry of Labor and Social Insurance is responsible for enforcing these laws. Labor unions, however, reported enforcement problems in sectors not covered by collective agreements. They also reported that certain employers, mainly in the construction industry, exploited undocumented foreign workers by paying them very low wages. The penalty for violating the law was sufficient to deter violations but was not adequately enforced. The court may order the employer to pay the employee back wages.

The law protects foreign domestic workers who file a complaint with the Ministry of Labor and Social Insurance from deportation until their cases have been adjudicated. The Department of Labor Relations reported that from January to April, it received 191 complaints from migrant workers against their employers, 142 involving domestic workers, and 49 involving laborers. Of those, 130 were resolved by both sides signing a release agreement that gave the worker the opportunity to seek employment with another employer, while two cases were resolved with the voluntary return of the worker to the employer on mutually agreed terms. In seven cases the workers chose to return home. A total of 48 cases were referred to the Labor Disputes Committee for Migrants from Third Countries for examination, and four additional cases remained unresolved for other reasons.

NGOs reported many foreign domestic workers remained reluctant to report contract violations by their employers for fear of losing their jobs and, consequently, their work and residency permits. NGOs reported that Department of Labor and police skepticism of complaints about sexual harassment and violence discouraged domestic workers from submitting complaints.

The Department of Labor Inspection in the Ministry of Labor and Social Insurance is responsible for enforcing health and safety laws. Authorities enforced health and safety laws satisfactorily in the formal sector but not in the informal sector, which included approximately 15 percent of workers. Labor unions stated more work was required to protect undocumented workers. The penalty for failing to comply with work safety and health laws was up to four years’ imprisonment, a fine not to exceed 80,000 euros ($92,000), or both.

The number of inspectors employed by the Ministry of Labor was not sufficient to provide for enforcement of labor laws in the agricultural sector and in the informal economy, where the majority of employees were migrant workers and undocumented workers. The Department of Labor Relations carried out its own inspections to assure that employers abide by other labor laws. Inspectors were not allowed to inspect private households where persons were employed as domestic workers without a court warrant.

Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.


READ A SECTION: REPUBLIC OF CYPRUS (ABOVE) | THE AREA ADMINISTERED BY TURKISH CYPRIOTS

Cyprus – the Area Administered by Turkish Cypriots

Section 7. Worker Rights

e. Acceptable Conditions of Work

The “government” increased the minimum wage during the year, but it remained below the poverty level for a family of four, as inflation and the cost of living outpaced the increase. As of October, the monthly minimum wage was 2,620 Turkish lira ($499). Accommodations for migrant workers, either as part of their compensation or for those made to pay, were substandard.

The standard workweek for the private and public sectors was 40 hours. There was premium pay for overtime in the public sector. Premium pay for overtime is also required, but frequently not paid, in the private sector. The “law” prohibits compulsory overtime and provides for paid annual holidays.

The “Ministry of Labor and Social Security” is responsible for enforcing both the minimum wage and paying public sector wages, but it did not effectively do so.

Occupational safety and health standards were insufficient. Despite occasional inspections by labor authorities, authorities did not effectively enforce those standards in all sectors. Workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment. Authorities commonly deported migrant workers claiming violations. Authorities did not penalize violators, and inspections were not adequate to protect worker rights. The “government” has not established social protections for workers in the informal economy.

There was little improvement in working conditions, particularly for hazardous sectors and vulnerable groups. Authorities reported 10 fatal accidents at nine work places during the year.


READ A SECTION: REPUBLIC OF CYPRUS | THE AREA ADMINISTERED BY TURKISH CYPRIOTS (ABOVE)

Czech Republic

Section 7. Worker Rights

e. Acceptable Conditions of Work

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, construction, and processing industries. Inspectors conducted numerous inspections in selected seasonal businesses, retail chains, and industrial zones. More than 65 percent foreign workers were EU citizens, mainly from Slovakia, Romania, Poland, and Bulgaria. The majority of the third-country citizen workers were Ukrainians and Russians, followed by Vietnamese and Mongolians. Some third-country citizens worked in the country with working permits valid only for other EU countries (mainly Poland), which put them into illegal status while being assigned work in the country. The majority of illegally employed foreigners were Ukrainians, Moldovans, and Vietnamese. Those groups were potentially at high risk for mistreatment. 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 local police.

Employers sometimes ignored standard work conditions requirements in situations involving migrant workers. 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. 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. The inspections occurred both proactively and in response to complaints. Authorities imposed penalties that were sufficient to deter violations.

In 2017 the number of registered injuries in the workplace increased by 0.2 percent from 2016. Fatal accidents decreased by 8.7 percent during 2017. The vast majority of workplace injuries and deaths occurred in the agriculture, forestry, 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 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 enforced this standard relatively consistently.

Denmark

Section 7. Worker Rights

e. Acceptable Conditions of Work

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 ($16.50) 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 regulations. 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 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, and disability allowances. 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.

Estonia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The country had a national monthly minimum wage that was higher than the poverty income level. Authorities generally enforced minimum wage laws, and penalties were sufficient to deter violations.

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. Authorities generally enforced minimum wage, hours of work, and occupational health and safety standards 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 included fines and were sufficient to deter violations. Men from Ukraine experienced labor exploitation, particularly in the construction sector, where “envelope wages” (nontaxed cash payments) were sometimes paid.

Finland

Section 7. Worker Rights

e. Acceptable Conditions of Work

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.

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.

France

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage met the poverty level. Employers, except those in the informal economy, generally adhered to the minimum wage requirement. The government effectively enforced wage laws, and penalties were sufficient to deter violations.

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. Under an executive order signed in September 2017, companies with fewer than 50 employees may negotiate working conditions directly with employees without involvement of labor unions.

On August 2, the High Court ordered that the local subsidiary of a United Kingdom-based pest control services company pay 60,000 euros ($69,000) in damages for violating labor laws related to overtime. The company fired an employee in 2011 for not being reachable after normal working hours to handle emergency cases. The court determined the company could not require employees to respond to emergency calls after working hours if it did not compensate its employees for being on call. Employers must negotiate the use of digital tools with employees or their collective bargaining units and publish clear rules on “the right to disconnect” based on the employee agreement and a 2016 “right to disconnect” law that requires employers to allow employees to “disconnect” from email, SMS messages, and other electronic communications after working hours.

Employees are entitled to a daily rest period of at least 11 hours and a weekly break of at least 24 hours. 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 ($51,800) with additional penalties, including a prohibition on conducting a commercial or industrial enterprise. The law provides for companies found guilty of undeclared work to be fined up to 225,000 euros ($259,000) 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. In July the newspaper La Provence reported on the abuse of migrant agricultural laborers in the Provence-Alpes-Cote d’Azur region. The workers, who mainly came from South America, reportedly were paid less than the lawful minimum wage, made to work more hours than the law allows, and were not paid overtime or given breaks. According to the newspaper, workers were kept isolated, often living in cramped conditions in vans and mobile homes on their employer’s property. An investigation by the local agricultural labor union found “a manifest and organized violation” of workers’ rights on 12 farms in the region, where laborers were forced to work 30 days out of 30 (see section 7.b.).

Germany

Section 7. Worker Rights

e. Acceptable Conditions of Work

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

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

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

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

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

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

Greece

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage in the private sector for unspecialized workers age 25 or older was 26.18 euros ($30.11) per day and for workers below 25 years of age, 84 percent of that amount, or 22.83 euros ($26.25) per day. These wages were above the poverty income level. The government did not always enforce wage laws effectively, and penalties were not always sufficient to deter violations.

The maximum legal workweek is 40 hours. The law provides for at least one 24-hour rest period per week, mandates paid vacation of one month per year, and sets limits on the amount of overtime work which, based on conditions, may exceed eight hours in a week. The law regarding overtime work requires premium pay, and employers must submit information to the Ministry of Labor for authorization. Premium pay ranged from 20 to 80 percent of the daily wage, based on the total number of extra hours and the day (Sundays, holidays, etc.), and whether it was night service. Employers also provided compensatory time off. These provisions were not always effectively enforced in all sectors, particularly in tourism, catering services, retail businesses, agriculture, the informal economy, or for domestic or migrant workers.

Wage laws were not always enforced. Unions and media alleged that some private businesses were forcing their employees to return part of their wages and mandatory seasonal bonuses, in cash, after depositing them in the bank. On January 19, media reported the arrest of an employer caught asking his employee to return his Christmas bonus. On January 9, two employees in Larissa claimed they were dismissed because they refused to return their Christmas bonuses. Other employees were forced to falsely declare and sign that they had received their bonuses, although they had not. Several employees were officially registered as part-timers but in essence worked additional hours without being paid. Overtime work was not always registered officially and paid accordingly. In other cases employees were paid after months of delay and oftentimes with coupons and not in cash. Cases of employment for up to 30 consecutive days of work without weekends off were also reported. Such violations were mostly noted in the tourism, agriculture, and housekeeping services sectors.

The law provides for minimum standards of occupational health and safety, setting the responsibility for identifying unsafe situations on occupational safety and health experts and not the workers. Workers have the right to file a confidential complaint with the labor inspectorate regarding hazardous working conditions and to remove themselves from such situations without jeopardizing their employment. Owners who repeatedly violate the law concerning undeclared work or safety could face temporary closure of their businesses. Under the same law, employers were obliged to declare in advance their employees’ overtime work or changes in their work schedules. The legislation also provided for social and welfare benefits to be granted to surrogate mothers, including protection from dismissal during pregnancy and after childbirth. Courts were required to examine complaints filed by employees against their employers for delayed payment within two months after their filing, and to issue decisions within 30 days after the hearing.

On January 19, media reported that a Greek member of the European Parliament (MEP) reported to the European Commission that labor accidents in Greece had increased 10 percent since 2010, according to statistics from the Hellenic Federation of Associations of Labor Inspectorates. The MEP said that the actual number was higher as many such accidents were going unreported.

The Labor Inspectorate is responsible for enforcement of labor legislation. The Ministry of Labor is responsible for all concerns regarding occupational safety and health at the national level. The Directorate of Security and Health in Labor, under the General Directorate for Labor and Labor Inclusion, and the Labor Inspectorate are the principal competent government authorities. The inspectorate’s mandate includes the private and public sectors, except for domestic employment, mining, and marine shipping (which fall under the Ministry of Economy, Development, and Tourism and the Ministry of Maritime and Island Policy). Labor experts characterized health and safety laws as satisfactory but stated that enforcement by the Labor Inspectorate was inadequate.

The number of inspectors authorized to conduct labor inspections reportedly exceeded 1,000, including labor inspectorate personnel and staff of the Ministry of Labor, Social Security, and Social Solidarity, the Social Insurance Fund, the Economic Crimes Division of the police, and the independent Authority for Public Revenue. Despite government efforts to increase inspections for undeclared, under-declared, and unpaid work, trade unions and media alleged that enforcement of labor standards was inadequate in the shipping, tourism, and agricultural sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons. According to a survey carried out for the General Confederation of Greek Workers (GSEE), nine in 10 employees in the private sector faced worsening labor conditions in the years of the debt crisis. Private sector workers seem to be suffering more than public servants as the percentage of wage earners with net monthly wages in the private sector dropped at a higher rate than the public sector within the past nine years.

Businesses found hiring undeclared employees were closed by the authorities for a few days and if repeatedly found violating the law the business could be permanently closed. Employers who hire undeclared employees can face fines up to 10,500 euros ($12,075) for each undeclared employee. A new law passed on July 18 imposes double fines on employers for repeat offenses within three years and triple fines for subsequent offenses. Employers can receive discounts on fines by hiring the undeclared staff on a long-term, full-time basis within 10 days of the fine’s imposition. In 2017 the Ministry of Labor conducted inspections of 36,683 businesses in all sectors of the economy. Of these businesses, 5,357 were employing a total of 8,335 undeclared staff. Authorities imposed fines amounting to 88.1 million euros ($101 million).

On July 16, the minister of labor signed a decision to provide freelance and self-employed individuals (lawyers, engineers, doctors) with certain unemployment benefits with conditions. The benefit can be up to 360 euros ($414) per month and payable for a period of three to nine months.

On July 18, the government also passed legislation holding contractors, sub-contractors, and those commissioning work equally responsible during the completion of work, enabling employees to demand payment, social insurance contributions, or other claims.

Hungary

Section 7. Worker Rights

e. Acceptable Conditions of Work

In 2017 the net national minimum monthly wage for full-time employment of unskilled workers did not reach the poverty level, while the special minimum monthly wage for skilled workers slightly exceeded the poverty level.

The law sets the official workday at eight hours, although it may vary depending on industry. A 48-hour rest period is required during any seven-day period. The regular workweek is 40 hours with premium pay for overtime and two days of rest. The labor code sets the maximum limit of overtime at 250 hours per year and provides for 10 paid annual national holidays; overtime is owed only if the aggregate hours worked during a year exceed 40 hours per week. On December 13, parliament amended the labor code; this new labor code enters into force on January 1, 2019, and allows for up to 400 hours of overtime per year that can be paid and reconciled up to three years after the labor is performed. A number of demonstrations took place across the country against the new labor code.

The government set occupational safety and health standards, which were up to date and appropriate for the main industries. Workers have the right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations. Labor laws also apply to foreign workers with work permits. Labor standards were not enforced in the informal economy.

The employment authority and the labor inspectorate units of government offices monitored and enforced occupational safety and health standards and labor code regulations. According to the Labor Protection Directorate of the Finance Ministry, 23,387 injuries occurred at workplaces, most of them in the mechanical engineering and manufacturing industries in 2017. There were 79 workplace fatalities, most of which took place in the construction, processing, transport, warehousing, and logistics sectors.

Iceland

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not establish a minimum wage. The minimum wages negotiated in various collective bargaining agreements applied automatically to all employees in those occupations, including foreign workers, regardless of union membership. While the agreements can be either industry-wide, sector-wide, or in some cases firm-specific, the type of position defined the negotiated wage levels.

The law requires that employers compensate work exceeding eight hours per day as overtime and limits the time a worker may work, including overtime, to 48 hours a week on average during each four-month period. Overtime pay does not vary significantly across unions, but collective bargaining agreements determine the terms of overtime pay. The law entitles workers to 11 hours of rest in each 24-hour period and one day off each week. Under specially defined circumstances, employers may reduce the 11-hour rest period to no fewer than eight hours, but they must then compensate workers with corresponding rest time later. They may also postpone a worker’s day off, but the worker must receive the corresponding rest time within 14 days. The Administration of Occupational Safety and Health (AOSH) monitored and enforced these regulations.

The law sets occupational health and safety standards that are appropriate for the main industries, and the Ministry of Welfare administered and enforced them through the AOSH, which conducted both proactive and reactive inspections. The ministry can close workplaces that fail to meet safety and health standards.

In June an amendment to the law increased the authorities and responsibilities of the Directorate of Labor to provide greater protections for laborers. The law also increased the obligations of contracting companies to provide information about activities to the government to provide for actual conditions of employment and to prevent possible cases of labor exploitation.

The AOSH did not employ a sufficient number of inspectors to enforce standards effectively in all sectors. The AOSH levied daily fines on companies that did not follow instructions, urging them to improve work conditions. Daily fines were generally sufficient to deter violations. With the exception of certain asylum seekers, the government provided universal health-care coverage to all workers, including those in the informal economy.

Violations of wage, working hours, and overtime standards were most common in the construction and tourism sectors. The Icelandic Federation of Labor stated that young persons in the tourism sector as well as foreign workers–primarily men in the construction industry, some of them undocumented–were paid less than the negotiated minimum wage. Although violations of occupational safety and health standards occurred in all sectors, violations occurred most frequently in the construction and food industries. Young workers and employees who did not understand or speak Icelandic and did not know local rules and regulations were more likely to be subjected to hazardous or exploitative working conditions.

India

Section 7. Worker Rights

e. Acceptable Conditions of Work

Federal law sets safety and health standards, but state government laws set minimum wages, hours of work, and additional state-specific safety and health standards. The daily minimum wage varied but was more than the official estimate of poverty-level income. State governments set a separate minimum wage for agricultural workers. Laws on wages, hours, and occupational health and safety do not apply to the large informal sector.

The law mandates a maximum eight-hour workday and 48-hour workweek, as well as safe working conditions, which include provisions for restrooms, cafeterias, medical facilities, and ventilation. The law mandates a minimum rest period of 30 minutes after every four hours of work and premium pay for overtime, but it does not mandate paid holidays. The law prohibits compulsory overtime, but it does not limit the amount of overtime a worker can perform. Occupational safety and health standards set by the government were generally up to date and covered the main industries in the country.

State governments are responsible for enforcing minimum wages, hours of work, and safety and health standards. The number of inspectors generally was insufficient to enforce labor law. State governments often did not effectively enforce the minimum wage law for agricultural workers. Enforcement of safety and health standards was poor, especially in the informal sector, but also in some formal sector industries. Penalties for violation of occupational safety and health standards range from a fine of 100,000 rupees ($1,410) to imprisonment for up to two years, but they were not sufficient to deter violations.

Violations of wage, overtime, and occupational safety and health standards were common in the informal sector. Small, low-technology factories frequently exposed workers to hazardous working conditions. Undocumented foreign workers did not receive basic occupational health and safety protections. In many instances, workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment.

On February 16, seven workers at a farm in Chittoor District, Andhra Pradesh, died allegedly due to asphyxiation caused by inhaling poisonous gases when they stepped into a septic tank without wearing protective gear to clean a flushing machine. On September 10, five workers in West Delhi engaged to clean a septic tank for an apartment building died when they were overcome by fumes.

Indonesia

Section 7. Worker Rights

e. Acceptable Conditions of Work

Minimum wages varied throughout the country, as provincial governors had authority to set a minimum wage floor and district heads had authority to set a higher rate. The government continued to use a formula set in 2016 to determine the rate of growth for the wage floor, based on the inflation rate and the country’s economic growth.

The predominant factor in setting locality minimum wages was the government’s estimate of a “decent living wage,” which is determined by the cost of a basket of 60 items. The local wage council, composed of representatives from the government, employers’ associations, and labor unions, evaluates the basket items every five years. During the year the lowest minimum wage was in the regency of Gunungkidul, Yogyakarta Province, at IDR 1.45 million ($99) per month. The highest was in the national capital, Jakarta, at IDR 3.94 million ($270) per month. According to the Central Bureau of Statistics, the poverty line was IDR 13,333 ($.91) per day.

Government regulations allow employers in certain sectors, including small and medium enterprises and labor-intensive industries such as textiles, an exemption from minimum wage requirements. The daily overtime rate was 1.5 times the normal hourly rate for the first hour and twice the hourly rate for additional overtime, with a maximum of three hours of overtime per day and a maximum of 14 hours per week.

The law requires employers to provide a safe and healthy workplace and to treat workers with dignity. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment. In April the Ministry of Labor released Ministerial Regulation No 05/2018 on occupational safety and health, which included new guidelines regarding chemical safety, hygiene, and sanitation requirements, as well as indoor air quality for a safe and healthy workplace.

Presidential Regulation 20/2018 on foreign workers, which entered into force on June 29, simplified the approval process for hiring foreign workers by consolidating the process of obtaining work and residency permits into one application and requiring that companies facilitate Indonesian language training for foreign workers. Labor unions criticized the revised regulation, raising concerns it will accelerate the influx of foreign, unskilled workers.

Local officials from the Ministry of Labor are responsible for enforcing regulations on minimum wage and hours of work, as well as health and safety standards. Penalties for violations of these laws include criminal sanctions, fines, and imprisonment (for violation of minimum wage laws), which were generally sufficient to deter violations. Government enforcement remained inadequate, particularly at smaller companies, and supervision of labor standards continued to be weak. Provincial and local-level officials often did not have the technical expertise needed to enforce labor laws effectively. Enforcement of health and safety standards in smaller companies and in the informal sector tended to be weak or nonexistent. The number of inspectors was inadequate to enforce compliance in a country of 250 million inhabitants.

Labor regulations, including minimum wage regulations, were generally enforced only for the estimated 42 percent of workers in the formal sector. Labor regulations are not enforced in the informal sector. Workers in the informal sector, estimated to number approximately 74 million as of February, did not receive the same protections or benefits, as they have no legal work contract that could be supervised by labor inspectors.

Although the law and ministerial regulations provide workers with a variety of benefits, aside from government officials, only an estimated 10 percent of the approximately 52 million workers in the formal sector reportedly received social security benefits. Persons who worked at formal-sector companies often received health benefits, meal privileges, and transportation, which workers in the informal sector rarely received. A single state entity (BPJS Kesehatan) administered universal health coverage, and another body (BPJS Ketenagakerjaan) managed work accident insurance, life insurance, old-age benefits, and pensions.

Palm oil workers often worked long hours without government-mandated health insurance benefits. They lacked proper safety gear and training in pesticide safety –problems that were common across plantation industries in the country. On plantations most workers were paid by the volume harvested, which resulted in some workers receiving less than minimum wage and extending their working hours to meet volume targets. According to labor unions, most companies failed to register their employees in the national social security system.

Unions continued to urge the government, especially the Ministry of Labor, to do more to address the country’s poor worker safety record and lax enforcement of health and safety regulations, particularly in the construction sector. In February an accident at a construction site for a commuter rail line in Central Jakarta occurred when a heavy crane toppled, killing four workers and injuring at least one other. An official from Ministry of Public Works and Housing acknowledged the fault lay in minimal attention to safety procedures during construction activities.

Ireland

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum hourly wage increased to 9.25 euros ($10.64) per hour in January 2017. Laws establishing and regulating wage levels cover migrant workers. The law limits overtime work to two hours per day, 12 hours per week, and 240 hours per year. The government effectively enforced these standards. Although there is no statutory entitlement to premium pay for overtime, the employer and employee may arrange it.

The government sets occupational health and safety standards. The Department of Business, Enterprise, and Innovation is responsible for enforcing occupational safety laws, and these laws provided adequate and comprehensive protection. Depending on the seriousness of the violation, courts may impose fines, prison sentences, or both for violating the law. The maximum penalty is three million euros ($3.45 million), imprisonment for up to two years, or both. The law also provides for fines of up to 1,000 euros ($1,150) for certain offenses. There were no complaints from either labor or management during the year regarding shortcomings in enforcement.

All sectors of the formal economy effectively enforced minimum wage, hours of work, and health and safety standards. The WRC secures compliance with employment rights legislation in these areas through inspection and prosecution. The WRC’s Inspection Services have the authority to carry out employment rights compliance inspections under employment legislation.

By law an employer may not penalize through dismissal, other disciplinary action, or less favorable treatment employees who lodge a complaint or exercise their rights under health and safety legislation. Employers have an obligation to protect an employee’s safety, health, and welfare at work as far as is reasonably practicable. According to a report from the Health and Safety Authority, there were 48 workplace fatalities in 2017, an increase of two from 2016, 25 of them the result of farming accidents.

Israel, Golan Heights, West Bank, and Gaza

Section 7. Worker Rights

e. Acceptable Conditions of Work

The number of labor inspectors was insufficient to enforce the law, particularly in the construction and agriculture industries, and crane and scaffolding regulations were inadequate to protect workers from falls. Employers were responsible for identifying unsafe situations. No law protects the employment of workers who report on situations that endanger health or safety or remove themselves from such situations. During the year 38 workers, including more than 20 Palestinians, died in accidents in the Israeli construction industry, according to the ILO and the labor rights NGO Kav LaOved. Another 169 persons were injured in construction accidents, according to media reports. On November 6, following threats of a general strike, the government signed an agreement with the Histadrut aimed at increasing safety standards for construction workers. The agreement included an increase of on-site inspections, safety training for workers, improvement of safety standards, and sanctions on contractors violating workers’ safety.

The Labor Inspection Service, along with union representatives, enforced labor, health, and safety standards in the workplace. Following the 2014 “Adam Commission,” which concluded that occupational safety legislation was outdated, the government amended the law in 2017 to expand the power of labor supervisors to impose financial sanctions for safety flaws. On November 27, the Knesset passed an amendment appointing a safety officer for construction sites, and on December 31 it passed an amendment authorizing human resource companies to employ crane operators only after receiving a government-issued permit tied to construction safety and labor rights.

Two NGOs petitioned the Supreme Court to demand establishment of a police unit to investigate construction accidents with investigators from the Ministry of Labor, Social Affairs, and Social Services; opening of a police investigation into each construction accident resulting in a death or a moderate to severe injury; and an increase in the number of inspectors and investigators. The case was continuing as of the end of the year. On December 31, the government established a new police unit, PELES (an acronym of “Working Without Risk” in Hebrew), to investigate workplace accidents, mainly at construction sites, that resulted in death or severe injuries.

The national minimum wage, which is set annually, was above the poverty income level for individuals, but below the poverty level for couples and families. Authorities investigated 1,418 employers, imposed 103 administrative sanctions totaling nine million shekels ($2.5 million), and filed two indictments for violations of the Minimum Wage Law during the year.

The law allows a maximum 43-hour workweek at regular pay and provides for paid annual holidays. Premium pay for overtime is set at 125 percent for the first two hours and 150 percent for any hour thereafter up to a limit of 15 hours of overtime per week.

The law applies to the informal economy, but there was little information about protection and enforcement standards in this sector, which included an estimated 7 percent of the economy in 2017, according to the ITUC.

According to some NGOs, the country failed to enforce its labor laws fully with respect to minimum working conditions for foreign workers, including asylum seekers, and existing penalties were not sufficient to deter violations. There were documented cases of foreign laborers living in harsh conditions and subjected to debt bondage (see section 7.b.), but authorities prosecuted few employers. The government rejected the allegations in a November 23 BBC report on Thai agricultural workers that described squalid living conditions, lack of appropriate protective equipment while spraying pesticides, and 172 deaths since 2012 in which authorities recorded the cause as “undetermined.”

The provisions of the labor law extended to most Palestinians employed by Israeli businesses in the West Bank. On September 17, the Supreme Court rejected a challenge by civil society groups against a regulation under which noncitizen workers employed by Israeli companies, whether in the West Bank or Israel, must make a monetary deposit to file a labor-rights claim against their employer in an Israeli court. According to Kav LaOved, courts dismissed 28 petitions from workers who did not pay the deposit, as of November. In response to a Supreme Court petition from Kav LaOved, the government confirmed in July that it had not disbursed any sick leave payments to Palestinian workers since January 1, despite depositing 2.5 percent of Palestinian workers’ salaries in a sick leave fund. The case was continuing as of the end of the year.

The country had bilateral work agreements (BWAs) with Bulgaria, Moldova, Romania, Ukraine, and China for employment of migrant workers in the construction sector, and with Thailand and Sri Lanka in the agricultural sector. The entire recruitment process of foreign workers in these industries was coordinated solely through government offices, which resulted in a steep decline in recruitment fees paid by those workers. On September 3, the government signed an agreement with the government of the Philippines for employment of workers in the caregiving sector, which officials expect to begin implementation in 2019.

BWAs provide for migrant workers to have information on their labor rights as well as a translated copy of their labor contract before they arrive in the country. The government continued to help fund a hotline for migrant workers to report violations. Government enforcement bodies claimed they investigated all of these complaints. On December 17, noting the government’s progress in moving toward BWAs, the Supreme Court dismissed a 2006 case by human rights NGOs advocating for foreign workers to arrive only through such agreements. The court affirmed that the NGOs’ demands were legitimate, however, noting the government should combat labor trafficking by signing more BWAs and by prohibiting foreign workers who do not arrive through a BWA.

Some employers in the agricultural sector circumvented the bilateral agreement with Thailand by recruiting students from poor countries to take part in agricultural study programs on student visas and then forcing them to work in the agriculture industry once they arrived in the country. According to Kav LaOved, the number of these student workers was approximately 4,000. A government resolution on January 11 began including students in the government’s agricultural worker quotas for the first time. The absence of full-scale bilateral labor agreements in the caregiving field led to continuing widespread abuses against foreign caregivers, including excessive recruitment fees and false descriptions of the terms of employment contracts. Live-in arrangements and lack of legal protections and inspections led to many cases of exploitative working conditions for female migrant workers. Local NGOs filed hundreds of complaints on behalf of foreign caregivers, including allegations of underpayment of wages, physical violence, sexual harassment, and unsuitable employment conditions. For example, a woman who was sexually assaulted by three different employers suffered with the last employer for eight months because she knew regulations would not allow her to switch employers again, according to an NGO. The new agreement with the Philippines will not apply to thousands of foreign caregivers already working in the country, except they will have access to a complaint hotline.


READ A SECTION: ISRAEL AND THE GOLAN HEIGHTS (ABOVE) |  WEST BANK AND GAZA

Italy

Section 7. Worker Rights

e. Acceptable Conditions of Work

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

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

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

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

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

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

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

Japan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage ranged from 737 to 958 yen ($6.50 to $8.50) per hour, depending on the prefecture. The poverty line was 1.22 million yen ($10,900) per year.

The law provides for a 40-hour workweek for most industries and, with exceptions, limits the number of overtime hours permitted in a fixed period. It mandates premium pay of no less than 25 percent for more than eight hours of work in a day, up to 45 overtime hours per month. For overtime of between 45 and 60 hours per month, the law requires companies to “make efforts” to furnish premium pay greater than 25 percent. It mandates premium pay of at least 50 percent for overtime that exceeds 60 hours a month.

The June Workstyle Reform Package Bills included the first-ever legal cap on overtime work and established penalties, including fines and imprisonment, for violations. These provisions come into force in April 2019 for large companies and in April 2020 for small- and medium-sized companies. In principle, overtime work will be permitted only up to 45 hours per month and 360 hours per year. Even in the case of special and temporary circumstances, it must be limited to less than 720 hours per year and 100 hours per month (including holiday work), and the average hours of overtime work over a period of more than two months must be less than 80 hours (including holiday work). The reform package bills also included provisions to introduce the Highly Professional System (the Japanese version of a white-collar exemption), which would eliminate the requirement to pay any overtime (including premium pay for holiday work or late-night work) for a small number of highly skilled professionals earning an annual salary of more than approximately 10 million yen ($89,400).

The government sets industrial safety and health (ISH) standards. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment.

The MHLW is responsible for enforcing laws and regulations governing wages, hours, and safety and health standards in most industries. The National Personnel Authority covers government officials. The Ministry of Economy, Trade, and Industry covers ISH standards for mining, and the Ministry of Land, Infrastructure, Transport, and Tourism is responsible for ISH standards in the maritime industry.

The Minimum Wage Law provides for a fine for employers who fail to pay a minimum wage, regardless of the number of employees involved or the duration of the violation. Other labor laws such as the Industrial Safety and Health Standards Law and the Labor Standards Law also provide for fines for employers who fail to comply with the laws. The number of labor inspectors was not sufficient to enforce compliance. In October 2017 a Tokyo court fined a major advertising agency 500,000 yen ($4,460) for failing to prevent excessive overtime worked by its employees. This court decision followed the Tokyo Labor Bureau’s ruling in 2016 that determined that the 2015 death of a young woman was a case of karoshi (death by overwork), after records showed the employee booked 130 hours of overtime in one month and slept just 10 hours per week. This finding against a major advertising agency brought renewed attention to the severe consequences of overwork and led to legislative changes to limit overtime work. Labor unions continued to criticize the government for failing to enforce the law regarding maximum working hours, and workers, including those in government jobs, routinely exceeded the hours outlined in the law.

In general the government effectively enforced applicable ISH law and regulations in all sectors. Penalties for ISH violations included fines and imprisonment and were generally sufficient to deter violations. While inspectors have the authority to suspend unsafe operations immediately in cases of flagrant safety violations, in lesser cases they may provide nonbinding shidou (guidance). MHLW officials frequently stated that their resources were inadequate to oversee more than 4.3 million firms.

Nonregular workers (which include part-time workers, fixed-term contract workers, and dispatch workers) made up approximately 37 percent of the labor force in 2017. They worked for lower wages and often with less job security and fewer benefits than career workers. Some nonregular workers qualified for various benefits, including insurance, pension, and training. Observers reported a rise in four- or five-year contracts and the termination of contracts shortly before the five-year mark, when employees may ask their employer to make them permanent. Workers in academic positions, such as researchers, technical workers, and teachers in universities, were eligible for 10-year contracts.

Reports of abuses in the TITP were common, including injuries due to unsafe equipment and insufficient training, nonpayment of wages and overtime compensation, excessive and often spurious salary deductions, forced repatriation, and substandard living conditions (also see section 7.b.). In addition, observers alleged that a conflict of interest existed, since the inspectors who oversee the TITP working conditions were employed by two ministries that are members of the interagency group administering the TITP. Some inspectors appeared reluctant to conduct investigations that could cast a negative light on a government program that business owners favored.

There were also reports of informal employment of foreign asylum seekers on provisional release from detention who did not have work permits. Such workers were vulnerable to mistreatment and did not have access to standard labor protections or oversight.

Falls, road traffic accidents, and injuries caused by heavy machinery were the most common causes of workplace fatalities. The MHLW also continued to receive applications from family members seeking the ministry’s recognition of a deceased individual as a karoshi victim.

Latvia

Section 7. Worker Rights

e. Acceptable Conditions of Work

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

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

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

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

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

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

Lithuania

Section 7. Worker Rights

e. Acceptable Conditions of Work

According to the National Department of Statistics, as of January 1, the minimum monthly wage increased by 5 percent and was above the poverty line.

The law limits annual maximum overtime hours to 180 hours, and establishes different categories of work contracts, such as permanent, fixed-term, temporary agency, apprenticeship, project work, job sharing, employee sharing, and seasonal work. The occupational safety and health standards are current and appropriate for the main industries. The law applies to both national and foreign workers.

The government enforced standards effectively across all sectors including the informal economy, which accounted for an estimated 25 percent of the economy. The State Labor Inspectorate, which is responsible for implementing labor laws, had a staff sufficient to enforce compliance. In 2017 the inspectorate received 4,462 complaints related to labor-contract disputes. The inspectorate also conducted 7,477 inspections at companies and other institutions. Of these cases, 85 percent were related to underpayment, late payment of wages, or worker safety. Workers dissatisfied with the results of an investigation can appeal to the court system. The State Labor Inspectorate continued to conduct seminars for managers of companies, local communities, and persons looking for work. The seminars dealt with preventing and combating illegal employment, the administration of labor contracts, and worker’s rights.

According to the State Labor Inspectorate, violations of wage, overtime, safety, and health standards occurred primarily in the construction, retail, and manufacturing sectors. The inspectorate received complaints about hazardous conditions from workers in the construction and manufacturing sectors. As of September 1, the State Labor Inspectorate recorded 25 fatal accidents at work and 85 severe work-related injuries, compared with 28 and 93, respectively, in 2017. Most accidents occurred in the transport, construction, processing, and agricultural sectors. To address the problem, the inspectorate continued conducting a series of training seminars for inspectors on technical labor inspection. Workers have the legal right to request compensation for health concerns arising from dangerous working conditions.

Luxembourg

Section 7. Worker Rights

e. Acceptable Conditions of Work

As of January 1, the national minimum wage for a worker older than age 18 was greater than the estimated poverty income level of 1,691 euros ($1,945) per month in 2016. Minimum wage provisions apply to all employees, including foreign, migrant, temporary, and contract workers.

The Labor Inspection Court, the Social Security Ministry, and the Superior Court of Justice are responsible for enforcing laws governing maximum hours of work and mandatory holidays. The government regularly conducted investigations and transferred cases to judicial authorities. The majority of alleged violations occurred in the construction sector. The law mandates a safe working environment. Workers can remove themselves from situations endangering health and safety without jeopardizing their employment. Authorities effectively protected employees in this situation.

The Labor Inspectorate of the Ministry of Labor and the accident insurance agency of the Social Security Ministry are responsible for inspecting workplaces, but the Labor Inspectorate did not have adequate skilled inspectors to fulfill this responsibility effectively. Workers have the right to ask the labor inspectorate to make a determination regarding workplace safety. Penalties for violations included fines and imprisonment and were generally sufficient to deter violations. Accidents occurred most frequently in the construction and catering sectors.

Malaysia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage was raised to RM1,050 ($263) across all parts of the country, up from RM920 ($230) per month in Sabah and Sarawak States and RM1,000 ($250) per month in peninsular Malaysia. The minimum wage applied to both citizen and foreign workers in most sectors, with the exception of domestic service (see below). The minimum wage rates were less than Ministry of Finance-published poverty income levels in Sabah and Sarawak.

Working hours may not exceed eight per day or 48 per week, unless workers receive overtime pay. The law specifies limits on overtime, which vary by sector, but it allows for exceptions.

The law protects foreign domestic workers only with regard to wages and contract termination. The law excludes them from provisions that would otherwise stipulate one rest day per week, an eight-hour workday, and a 48-hour workweek. Instead, bilateral agreements or memoranda of understanding between the government and some source countries for migrant workers include provisions for rest periods, compensation, and other conditions of employment for migrant domestic workers, including prohibitions on passport retention.

On January 1, employers became responsible for paying a levy for their foreign workers, a move designed to better protect low-wage foreign workers and to encourage the hiring of local employees. Previously employers regularly passed the costs on to employees and withheld as much as 20 percent of a worker’s annual salary to cover the fees. Despite the change, some employers continued to deduct a government-imposed levy on companies employing migrant workers from the wages of their workers.

The Ministry of Human Resources began enforcing amendments to the Private Employment Agencies Act (PEAA) on February 1, following its passage in October 2017. The measure aims to make the cost of business too high for small-scale recruiting agencies that have been the sources of abuses in the past. Employment agencies must now pay as much as RM250,000 ($62,500) to operate a business that recruits foreign workers, a significant increase from the RM1,000 ($250) required under the original PEAA. Further, agencies must secure a guaranteed bank note for as much as RM250,000 ($62,500) that would be liquidated (and used for victim repatriation costs) if they are found to be in violation of the law. Under the new amendment, agencies found operating without a license would face tough new penalties, including a RM200,000 ($50,000) fine and a maximum three years in prison, increased from a RM5,000 ($1,250) fine.

Occupational health and safety laws cover all sectors of the economy except the maritime sector and the armed forces. The law requires workers to use safety equipment and cooperate with employers to create a safe, healthy workplace, but it does not specify a right to remove oneself from a hazardous or dangerous situation without penalty. Laws on worker’s compensation cover both local and migrant workers but provide no protection for migrant domestic workers.

The National Occupational Safety and Health Council–composed of workers, employers, and government representatives–creates and coordinates implementation of occupational health and safety measures. It requires employers to identify risks and take precautions, including providing safety training to workers, and compels companies with more than 40 workers to establish joint management-employee safety committees.

The National Wages Consultative Council is responsible for recommending changes to the minimum wage and coverage for various sectors, types of employment, and regions. The Department of Labor of the Ministry of Human Resources enforces wage, working condition, and occupational safety and health standards. Labor enforcement officers were responsible for enforcing labor law at hundreds of thousands of businesses and in private residences that employ domestic help; however, the number of officers was insufficient to enforce compliance. Department of Labor officials reported they sought to conduct labor inspections as frequently as possible. Nevertheless, many businesses could operate for years without an inspection.

Penalties for employers who fail to follow the law begin with a fine assessed per employee and can rise to imprisonment. Employers can be required to pay back wages plus the fine. If they refuse to comply, employers face additional fines per day that wages are not paid. Employers or employees who violate occupational health and safety laws are subject to fines, imprisonment, or both.

Employers did not respect laws on wages and working hours. The Malaysian Trade Union Congress reported that 12-, 14-, and 18-hour days were common in food and other service industries. Migrant workers often worked under difficult conditions, worked in sectors where violations were common, performed hazardous duties, had their pay withheld by employers, and had no meaningful access to legal counsel in cases of contract violations and abuse. Some workers alleged their employers subjected them to inhuman living conditions, confiscated their travel documents, and physically assaulted them. Employers of domestic workers sometimes failed to honor the terms of employment and subjected workers to abuse. Employers reportedly restricted workers’ movement and use of mobile telephones; provided substandard food and living conditions; did not provide sufficient time off; physically and sexually assaulted workers; and harassed and threatened workers, including with deportation.

According to statistics by the Department of Occupational Safety and Health, 117 workers died, 1,612 acquired a nonpermanent disability, and 80 acquired permanent disability in the first half of the year.

Malta

Section 7. Worker Rights

e. Acceptable Conditions of Work

The country has a national weekly minimum wage that was above the poverty income level. The government effectively enforced the minimum wage. Penalties were sufficient to deter violations.

The law mandates a standard workweek of 40 hours, but the norm was 43 or 45 hours in certain occupations such as in health care, airport services, and civil protective services. The law provides for paid annual holidays (i.e., government holidays) and paid annual leave. The law prohibits excessive compulsory overtime, and employers cannot oblige employees to work more than 48 hours per week, inclusive of overtime.

The government sets occupational safety and health standards, and such standards were current and appropriate for the main industries in the country. Workers have the right to remove themselves from situations dangerous to health or safety without jeopardizing their employment.

The Ministry of Education and Employment generally enforced minimum wage and hours of work requirements effectively in the formal economy. The Occupational Health and Safety Authority (OHSA), a government entity composed of representatives of the government, unions, and employers, conducted regular inspections at worksites and cited a number of offenders. Nevertheless, enforcement of health and safety standards continued to be inconsistent. The number of labor inspectors was unknown. There were media reports, however, that in at least the construction industry, the number fell short of the ILO sufficient standard.

Workers in the informal economy did not have the same protection but were able to file complaints against companies that failed to provide a safe work environment. Authorities did not stringently enforce standards in the informal economy, which consisted of approximately 5 percent of the workforce and encompassed various sectors of working society, including day laborers and self-employed individuals. OHSA imposed fines on companies that did not comply with minimum safety standards in the formal economy and, to a lesser extent, the informal economy.

Industrial accidents remained frequent, particularly in the manufacturing and building and construction sectors, up by nearly 4 percent in the first half of 2018 according to information released by Malta’s National Statistics Office. In November the EU and Malta’s OHSA sponsored a symposium on improving safety in the construction sector. OHSA was established in 2002, and fatalities from reported incidents were measured at 12 for the first reporting period, falling to four in the latest period in 2018. Although Malta cites progress in improving conditions, they acknowledge that a labor shortage, coupled with language barriers and a lack of required certifications, as a reason for continued unsafe conditions. A builders association recently provided support for standardized training in the industry.

Irregular migrant workers, who made up a small but growing percentage of the workforce, sometimes worked under conditions that did not meet the government’s minimum standards for employment. The Agency for the Welfare of Asylum Seekers, in coordination with Jobs Plus, which is administered by the government, organized informational programs to help individuals pursue employment and obtain work permits. The latest economic growth figures require nearly 10,000 new workers annually, so many jobs continued to be filled by regular and irregular migrants.

Mexico

Section 7. Worker Rights

e. Acceptable Conditions of Work

The general minimum wage was below the official poverty line. Most formal-sector workers received between one and three times the minimum wage. The tripartite National Minimum Wage Commission, whose labor representatives largely represented protection unions and their interests, is responsible for establishing minimum salaries but continued to block increases that kept pace with inflation.

The law sets six eight-hour days and 48 hours per week as the legal workweek. Any work over eight hours in a day is considered overtime, for which a worker is to receive double pay. After accumulating nine hours of overtime in a week, a worker earns triple the hourly wage. The law prohibits compulsory overtime. The law provides for eight paid public holidays and one week of paid annual leave after completing one year of work. The law requires employers to observe occupational safety and health regulations, issued jointly by the Ministry of Labor and Social Welfare and the Institute for Social Security. Legally mandated joint management and labor committees set standards and are responsible for overseeing workplace standards in plants and offices. Individual employees or unions may complain directly to inspectors or safety and health officials. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Ministry of Labor is responsible for enforcing labor laws and inspecting workplaces. Neither the number of labor inspections nor the penalties for violations of labor law were sufficient to secure compliance with labor law. For example, in June, seven workers disappeared at a mine in Chihuahua when a dam holding liquid waste collapsed. Through its DECLARALAB self-evaluation tool, the ministry provided technical assistance to almost 4,000 registered workplaces to help them meet occupational safety and health regulations.

According to labor rights NGOs, employers in all sectors sometimes used the illegal “hours bank” approach–requiring long hours when the workload is heavy and cutting hours when it is light–to avoid compensating workers for overtime. This was a common practice in the maquiladora sector, in which employers forced workers to take leave at low moments in the production cycle and obliged them to work in peak seasons, including the Christmas holiday period, without the corresponding triple pay mandated by law for voluntary overtime on national holidays. Additionally, many companies evaded taxes and social security payments by employing workers informally or by submitting falsified payroll records to the Mexican Social Security Institute. INEGI estimated 57 percent of the workforce was engaged in the informal economy during the year.

Observers from grassroots labor rights groups, international NGOs, and multi-national apparel brands reported that employers in export-oriented supply chains were increasingly using hiring methods that lessened job security. For example, manufacturers commonly hired workers on one- to three-month contracts, and then waited a period of days before rehiring them on another short-term contract, to avoid paying severance and to prevent workers from accruing seniority. This practice violates federal labor law and restricts worker’s rights to freedom of association and collective bargaining. Observers noted it also increased the likelihood of work-related illness and injury. Outsourcing practices made it difficult for workers to identify their legally registered employer, limiting their ability to seek redress of labor grievances.

Private recruitment agencies and individual recruiters violated the rights of temporary migrant workers recruited in the country to work abroad, primarily in the United States. Although the law requires these agencies to be registered, they often were unregistered. There were also reports that registered agencies defrauded workers with impunity. Some temporary migrant workers were regularly charged illegal recruitment fees. The Labor Ministry’s registry was outdated, inaccurate, and limited in scope. Although the government did not actively monitor or control the recruitment process, it reportedly was responsive in addressing complaints.

The situation of agricultural workers remained particularly precarious, with similar patterns of exploitation throughout the sector. Labor recruiters enticed families to work during harvests with verbal promises of decent wages and a good standard of living. Rather than pay them daily wages once a week, as mandated by law, day laborers had to meet certain harvest quotas to receive the promised wage. Wages may be illegally withheld until the end of the harvest to ensure the workers do not leave, and civil society organizations alleged workers were prohibited from leaving by threats of violence or by nonpayment of wages. Workers had to buy food and other items at the company store at high markups, at times leaving them with no money at the end of the harvest after settling debts. Civil society groups reported families living in inhuman conditions, with inadequate and cramped housing, no access to clean water or bathrooms, insufficient food, and without medical care. With no access to schools or childcare, many workers brought their children to work in the fields.

News reports indicated there were poor working conditions in some maquiladoras. These included low wages, contentious labor management, long work hours, unjustified dismissals, a lack of social security benefits, unsafe workplaces, and no freedom of association. Many women working in the industry reported suffering some form of abuse. Most maquiladoras hired employees through outsourcing with few social benefits.

INDEX, the association of more than 250 factories in Ciudad Juarez, signed an agreement in March to prevent and eradicate violence against women with the Chihuahua Institute of Women and the National Commission.

Netherlands

Section 7. Worker Rights

e. Acceptable Conditions of Work

In the Netherlands the minimum wage for an adult was sufficient for a single-person household but inadequate for a couple with two children. The government effectively enforced wage laws.

In Aruba there is no official poverty level, and the monthly minimum wage in 2015 was 1,711 Aruban florins ($958). In Curacao the minimum hourly wage was nine Netherlands Antillean guilders ($5.40), and the official poverty level was 2,195 guilders ($1,230). The official minimum hourly wage in Sint Maarten was 8.83 Netherlands Antillean guilders ($5.04); no poverty-level income information was available.

In the Netherlands the law does not establish a specific number of hours as constituting a full workweek, but most workweeks were 36, 38, or 40 hours long. Collective bargaining agreements or individual contracts, not law, regulate overtime. The legal maximum workweek is 60 hours. During a four-week period, a worker may only work 55 hours a week on average or, during a 16-week period, an average of 48 hours a week, with some exceptions. Persons who work more than 5.5 hours a day are entitled to a 30-minute rest period.

In the Netherlands the government set occupational health and safety standards across all sectors. Standards were appropriate for main industries and frequently updated. The situation was similar in Aruba, Curacao, and Sint Maarten. In Sint Maarten government established guidelines for acceptable conditions of work in both the public and private sectors covered specific concerns, such as ventilation, lighting, hours, and terms of work. The Ministry of Labor reviewed and updated the guidelines and routinely visited businesses to ensure employer compliance.

The Inspectorate for Social Affairs and Employment effectively enforced the labor laws on conditions of work across all sectors, including the informal economy. Resources, inspectors, and remediation were adequate. The government announced an annual budget increase of 50 million euros ($57.5 million) for additional resources for the Inspectorate. In 2017 labor inspectors imposed an average fine of nearly 10,500 euros ($12,100), which was sufficient to deter violations. The Inspectorate can shut down fraudulent temporary employment agencies, which facilitate labor exploitation.

Most violations in the Netherlands were in temporary employment agencies that mainly hired workers from Eastern Europe, particularly in the construction and transportation sectors, without paying the minimum wage. The situation was similar in Aruba, Curacao, and Sint Maarten, although the underpaid workers were generally from Latin America.

New Zealand

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum hourly wage was NZ$16.50 ($10.75). The “training minimum wage” and the “starting-out” wage for workers between 16 and 19 years and new workers 20 and older was NZ$13.20 ($8.60). There was no official poverty-level income figure, but researchers frequently used 60 percent of the median household income, NZ$57,300 ($37,320), as the unofficial poverty-level marker.

The law provides that work hours should be set in collective or individual agreements between employers and employees. Although a 40-hour workweek is traditional, employer and employee parties may contractually agree to a workweek of more than 40 hours.

Extensive laws and regulations govern health and safety issues. Employers are obliged to provide a safe and healthy work environment, and employees are responsible for their own safety and health, as well as ensuring that their actions do not harm others. The government mandates employers to provide health insurance for their seasonal workers. The law allows workers to refuse to perform work likely to cause serious harm and permits legal recourse if they believed an employer penalized them as a result.

The government proactively investigated labor conditions and in cases of noncompliance with labor law inspectors levied fines, required restitution of wages to workers, and revoked licenses of offenders. The Ministry of Business, Innovation, and Employment enforces laws governing working conditions, including wages and hours, through Employment New Zealand’s labor inspectorate. In particular, employers who have breached minimum employment standards with regard to vulnerable migrant workers face a set stand-down period from the ability to support migrant visa applications. In August the company behind Burger King’s 82 fast-food outlets in the country was placed on the stand down list for one year for breaching the Minimum Wage Act. As of September, 83 companies or employers in the country were on the stand down list.

WorkSafe New Zealand deals with occupational health and safety issues. The department’s inspectors effectively enforced safety and health rules in all sectors including the informal economy, and they have the power to shut down equipment if necessary. The department normally investigated reports of unsafe or unhealthy working conditions within 24 hours of notification. Convictions for violations of the occupational health and safety law and the wages and hours law carry either monetary penalties or imprisonment. The law stipulates penalties for employers who exploit workers, including migrant workers; penalties include imprisonment, a fine, and deportation for noncitizen residents.

Between July 2017 and July, the country saw 35 workplace-related fatalities. Agriculture, forestry, and fishing were the country’s most dangerous sectors, with 17 persons killed while engaged in agriculture-related work. The majority of workplace assessments carried out in 2017 by WorkSafe New Zealand’s health and safety inspectors targeted high-risk industries such as agriculture, forestry, construction, and manufacturing. WorkSafe New Zealand reported that 75 percent of surveyed employers had changed their workplace practices following its inspections.

Nigeria

Section 7. Worker Rights

e. Acceptable Conditions of Work

The legal national monthly minimum wage was 18,000 naira ($49.54). Employers with fewer than 50 employees are exempt from this minimum, and the large majority of workers were not covered. There was no official estimate for the poverty income level. Implementation of the minimum wage, particularly by state governments, remained sporadic despite workers’ protests and warning strikes. In general, penalties were not sufficient to deter violations.

The law mandates a 40-hour workweek, two to four weeks of annual leave, and overtime and holiday pay, except for agricultural and domestic workers. The law does not define premium pay or overtime. The law prohibits excessive compulsory overtime for civilian government employees.

The law establishes general health and safety provisions, some aimed specifically at young or female workers. The law requires employers to compensate injured workers and dependent survivors of workers killed in industrial accidents. The law provides for the protection of factory employees in hazardous situations. The law does not provide other nonfactory workers with similar protections. The law applies to legal foreign workers, but not all companies respected these laws.

By law workers may remove themselves from situations that endangered health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

The Ministry of Labor and Employment is responsible for enforcing these standards. The Labor Ministry employs factory inspectors and labor officers, and 42 inspectors are dedicated to enforcing laws related to child labor, but its Inspectorate Department stated it did not have sufficient staff to properly monitor and enforce health and safety conditions. The department is tasked to inspect factories’ compliance with health and safety standards, but it was underfunded, lacked basic resources and training, and consequently did not sufficiently enforce safety regulations at most enterprises, particularly construction sites and other nonfactory work locations. Labor inspections mostly occurred randomly but occasionally occurred when there was suspicion, rather than actual complaints, of illegal activity. In addition the government did not enforce the law strictly. Authorities did not enforce standards in the informal sector, which included the majority of workers.

Norway

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not mandate an official minimum wage. Instead, minimum wages were set in collective bargaining agreements. Statistics Norway uses 60 percent of the median household income for the relative poverty limit, which in 2016 was 298,560 kroner ($36,000) per year. In 2016, the most recent year for which data were available, 11.6 percent of the total population had an income below the poverty limit.

The law provides for premium pay of 40 percent of salary for overtime and prohibits compulsory overtime in excess of 10 hours per week.

The law provides the same benefits for citizens and foreign workers with residency permits but forbids the employment of foreign workers who do not have residency permits. The law provides for safe and physically acceptable working conditions for all employed persons. The NLIA, in consultation with nongovernment experts, sets occupational safety and health standards. These standards are appropriate across all sectors of the industry in the country. The law requires enterprises with 50 or more workers to establish environment committees composed of management, workers, and health-care personnel. Enterprises with 10 or more workers must have safety delegates elected by their employees. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment; authorities effectively protected employees in this situation.

The NLIA effectively enforced laws and standards regarding acceptable work conditions in the formal sector. The number of labor inspectors was sufficient to enforce compliance. The NLIA may close an enterprise immediately if the life or health of employees is in imminent danger and may report enterprises to police for serious breaches of the law. A serious violation may result in fines or, in the worst case, imprisonment. The penalties were sufficient to deter violations.

Peru

Section 7. Worker Rights

e. Acceptable Conditions of Work

In April the government increased the statutory monthly minimum wage for formal workers from 850 soles ($265) to 930 soles ($290) per month. The INEI estimated the poverty line to be 315 soles ($97) a month per person, although it varied by region. The average monthly income, set in September 2016, was 1,640 to 1,867 soles ($505-$575) for men and 1,352 soles ($415) for women. The INEI reported the average monthly income in 2017 for Lima was 1,667.30 soles ($521).The government did not effectively enforce wage laws and penalties were not sufficient to deter violations of minimum wage standards.

The law provides for a 48-hour workweek for formal workers and one day of rest. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 15 days of paid annual vacation.

The Occupational Health and Safety (OHS) Standards are appropriate for the main industries. SUNAFIL is responsible for the enforcement of OHS standards. The government did not devote sufficient resources and personnel to enforce OHS standards.

Fines for labor violations were last increased in April 2014. Noncompliance with the law is punishable by fines of 7,400 to 74,000 soles ($2,280 to $22,800). In July 2014, however, the government enacted a three-year decree that reduced fines on employers for labor violations to no more than 35 percent of the maximum fine established by law. The government renewed that decree in 2017 for another three years. The reduction is limited to fines for occupational safety and health violations that did not result in death or permanent injury of the worker and violations of laws related to freedom of association and workplace discrimination determined not to be “very serious.” The reduction does not apply to violations that “very seriously affect” freedom of association, union formation, and workplace discrimination; violations related to child labor or forced labor; violations of occupational and safety norms that result in death or permanent disability of the worker; actions that impede labor inspections; and recidivist conduct, defined as repeat violations within a six-month period from the time a final decision on the first infraction was issued. The reductions, however, do not apply to violations of fundamental labor rights. Many fines went uncollected, in part because the government lacked an efficient tracking system and at times due to a lack of political will, according to a local labor NGO and labor experts.

The law provides for fines and criminal sanctions for occupational safety and health violations. In cases of infractions, injury, or deaths of workers or subcontractors, the penalty is one to four years’ imprisonment. Criminal penalties are limited to those cases where employers “deliberately” violated safety and health laws and where labor authorities had previously notified employers who chose not to adopt measures in response to a repeated infraction. The law requires that a worker prove an employer’s culpability to obtain compensation for work-related injuries.

Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, approximately 70 percent of the total labor force, received less than the minimum wage, although most were self-employed.

Philippines

Section 7. Worker Rights

e. Acceptable Conditions of Work

As of May tripartite regional wage boards of the National Wage and Productivity Commission had not increased the daily minimum wage rates for agricultural and nonagricultural workers. Minimum wages ranged from 512 pesos ($9.57) per day for nonagricultural workers in the Manila region to 256 pesos ($4.79) per day for agricultural workers in the Ilocos region. According to the government, in 2015, the latest year for which such data was available, a family of five needed an average income of 8,022 pesos ($150) per month to avoid poverty.

The law did not cover many workers, since wage boards exempted some newly established companies and other employers from the rules because of factors such as business size, industry sector, export intensity, financial distress, and capitalization level.

Domestic workers worked under a separate wage and benefit system, which lays out minimum wage requirements and payments into social welfare programs, and mandates one day off a week. While there were no reliable recent data, informed observers believed two million or more persons were employed as domestic workers, with nearly 85 percent being women or girls as young as 15 years.

Penalties for noncompliance with increases or adjustments in the wage rates as prescribed by law are a fine not exceeding 25,000 pesos ($468), imprisonment of one to two years, or both. In addition to fines, the government used administrative procedures and moral suasion to encourage employers to rectify violations voluntarily.

By law the standard workweek is 48 hours for most categories of industrial workers and 40 hours for government workers, with an eight hour per day limit. The law mandates one day of rest each week. The government mandates an overtime rate of 125 percent of the hourly rate on ordinary days, 130 percent on special nonworking days, and 200 percent on regular holidays. There is no legal limit on the number of overtime hours that an employer may require.

The law provides for a comprehensive set of occupational safety and health standards. Regulations for small-scale mining prohibit certain harmful practices, including the use of mercury and underwater, or compressor, mining. The law provides for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment. Most labor laws apply to foreign workers, who must obtain work permits and may not engage in certain occupations.

The DOLE’s Bureau of Working Conditions (BWC) monitors and inspects compliance with labor law in all sectors, including workers in the formal sector, nontraditional laborers, and informal workers, and inspects SEZs and businesses located there. The number of labor law compliance officers, who monitor and enforce the law, including by inspecting compliance with core labor and occupational safety standards and minimum wages, increased to 608 from 574 in 2017. The BWC stated that its budget increased to allow 710 permanent labor inspector positions, once qualified applicants were selected. Nonetheless, the number of compliance officers was insufficient for the workforce of 42 million workers, particularly in rural areas. ILO standards for developing countries suggest a need for approximately 2,800 labor inspectors–one inspector for every 15,000 workers. The labor department prioritized increasing the number of officers while acknowledging that insufficient inspection funds continued to impede its ability to investigate labor law violations effectively, especially in the informal sector and in small and medium size enterprises.

The DOLE continued to implement its Labor Laws Compliance System for the private sector. The system included joint assessments, compliance visits, and occupational safety and health standards investigations. Labor department inspectors conducted joint assessments with employer and worker representatives; inspectors also conducted compliance visits and occupational safety and health standards investigations. The labor department and the ILO also continued to implement an information management system to capture and transmit data from the field in real time using mobile technology. Violations included 13,240 for labor standards, 9,842 for general labor standards, 2,045 for violations of minimum wage rates, and 11,142 for occupational safety and health standards. Following a deficiency finding, the labor department may issue compliance orders that can include a fine or, if the deficiency poses a grave and imminent danger to workers, suspend operations. The BWC also reported no establishments were found deficient with respect to child labor law as of July.

Violations of minimum wage standards were common, as was the use of contract employees to avoid the payment of required benefits, including in the SEZs. Many firms hired employees for less than minimum wage apprentice rates, even if there was no approved training in their work. Complaints about payment under the minimum wage and nonpayment of social security contributions and bonuses were particularly common at companies in the SEZs. In 2017 the DOLE issued Department Order 174, setting stricter guidelines on the use of labor contracting and subcontracting. Some labor unions, however, criticized the order for not ending all forms of contractual work. On May 1, President Duterte issued an Executive Order prohibiting employers from circumventing a worker’s “security of tenure,” which he defined as the right “not to be dismissed or removed without just and authorized cause.” Similar to Department Order 174, some labor unions criticized the action for not ending all forms of contractual work.

There were also gaps and uneven applications of the law. Media reported problems in the implementation and enforcement of the domestic worker’s law, including a tedious registration process, an additional financial burden on employers, and difficulty in monitoring employer compliance.

During the year various labor groups criticized the government’s enforcement efforts, in particular the DOLE’s lax monitoring of occupational safety and health standards in workplaces. Between January and July, the BWC recorded 28 work-related accidents that caused 19 deaths and 23 injuries. Statistics on work-related accidents and illnesses were incomplete, as incidents were underreported, especially in agriculture.

The government and several NGOs worked to protect the rights of the country’s overseas citizens, most of whom were Philippine Overseas Employment Agency (POEA) contract or temporary workers. Although the POEA registered and supervised domestic recruiter practices, authorities often lacked sufficient resources to provide complete worker protection overseas. The Overseas Worker Welfare Administration provides support to overseas workers in filing grievances against employers via its Legal Assistance Fund. The fund covers administrative costs that would otherwise prevent overseas workers from filing grievance complaints. Covered costs include fees for court typing and translation, visa cancellation, and contract termination.

The government continued to place financial sanctions on, and bring criminal charges against, domestic recruiting agencies found guilty of unfair labor practices. From January to August 2017, the POEA reported 100 suspension orders issued to 57 licensed recruitment agencies for various violations.

Foreigners were generally employed in the formal economy and recruited for high paying, specialized positions. They typically enjoyed better working conditions than citizens.

Poland

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. The government effectively enforced wage laws but penalties were not sufficient to deter violations; there were reports of employers withholding wages or underpaying laborers on informal work agreements, particularly among Ukrainian migrant workers.

The constitution provides every employee the right to statutorily specified days free from work as well as annual paid holidays.

The law defines strict and extensive minimum conditions to protect worker health and safety, and empowers the National Labor Inspectorate (NLI) to supervise and monitor implementation of worker health and safety laws and to close workplaces with unsafe conditions. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The NLI’s powers are limited to the formal economy; it does not have authority to monitor implementation of worker health and safety laws in the informal economy, private farms, and households.

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. The number of labor inspectors was not sufficient to deter violations.

According to the inspectorate’s 2017 report, the most frequent labor rights violations concerned failure to pay or delayed payment of wages, failure to pay for overtime work, and failure to sign a labor contract in situations when the job performed constituted regular labor. Most wage payment violations occurred in the services, construction, and processing industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. The second-most common problem was inaccurate timekeeping records for hours worked.

Employers often ignored requirements regarding overtime pay. A large percentage of construction workers and seasonal agricultural laborers from Ukraine and Belarus earned less than the minimum wage. The large size of the informal economy–particularly in the construction and transportation industries–and the low number of government labor inspectors made enforcement of the minimum wage difficult. The Main Statistical Office definition of informal economy includes unregistered employment performed without a formal contract or agreement, and is not counted as a contribution to social security and from which income taxes are not deducted. According to the Central Statistical Office, in 2017 (the latest year for which data were available), approximately 5.4 percent of workforce (880,000 persons) worked in the informal economy.

Trade union leaders stated penalties for employers were not sufficient to deter violations. In the case of serious violations, labor inspectors may submit the case to a court, which may impose a fine of up to 30,000 zloty ($7,600). According to labor laws, persons who maliciously violate the labor rights of employees may face up to two years’ imprisonment. International observers noted that the NLI’s mandate both to confirm the legal status of workers and to monitor working conditions creates a potential conflict of interest.

During the year the NLI continued a public awareness campaign to lower the number of work-related accidents in logging and timber companies and conducted a “Work Legally” public awareness campaign promoting legal employment. In addition, the NLI continued a prevention and information campaign–”Construction Site. No More Accidents!”–that targeted construction companies and included training on work safety standards for employees and employers. During the year the NLI implemented its “Respect Life–Safe Work on Private Farms” campaign and visited many private farms to assess safety conditions and organized a number of competitions for individual farmers.

In the first half of the year, the Central Statistical Office (CSO) reported 37,007 victims of workplace accidents, a decrease of 2,086 from the same period in 2017. The highest number of victims worked in industrial processing, trade, car repairs, the health-service sector, transportation, warehouse management, and construction. The CSO reported 73 work-related deaths during the first six months of the year, in comparison with 93 death accidents during the same period in 2017. The CSO reported most of fatal accidents occurred in construction, industrial processing, and transport. In 2017 the inspectorate investigated 2,479 accidents in which there were deaths or injuries, including 263 workers killed and 924 persons seriously injured. The NLI reported that, as in previous years, most of the fatal accidents occurred in the construction, industrial-processing, transport, farming and forestry, mining, and trade industries. Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the inspectorate’s 2017 report, inadequate training of employees, the poor quality of job-related risk assessment tools, and inadequate measures by employers to prevent accidents were the leading causes of workplace accidents.

Portugal

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage, which covers full-time workers, rural workers, and domestic employees who are 18 years of age and older, was 580 euros ($667) per month. The poverty income level for 2018 was 454 euros ($522) per month per adult.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. There is a maximum of two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government noted were designed to make working hours more flexible and increase productivity. Occupational safety and health standards set by ACT were current and appropriate. Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, hours of work, and safety standards in the formal sector, and effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where most immigrant workers were employed, according to NGOs. ACT reported that there were 115 deaths from work-related accidents in 2017. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Qatar

Section 7. Worker Rights

e. Acceptable Conditions of Work

In November 2017 the Ministry of Administrative Development, Labor, and Social Affairs announced a temporary minimum wage for migrant workers worth 750 QAR ($200) per month. The ministry and the ILO Office in Doha are currently conducting surveys and studies to set an appropriate permanent minimum wage for workers. The labor law provides for a 48-hour workweek with a 24-hour rest period and paid annual leave days. The law requires premium pay for overtime and prohibits excessive compulsory overtime. Employees who work more than 48 hours per week or 36 hours per week during the month of Ramadan are entitled to an overtime pay supplement of at least 25 percent. The government sets occupational health and safety standards including restrictions on working during the hottest hours of the day during the summer and general restrictions related to temperature during the rest of the day as well. The labor law and provisions for acceptable conditions of work do not apply to workers in the public sector or agriculture, or to domestic workers. In August 2017 the Amir ratified a law regulating service workers in the home. The law provides for a maximum 10-hour workday, one day a week off, and allows for overtime. Poverty among citizens was very low, and the government did not track poverty statistics among migrant workers.

Responsibility for laws related to acceptable conditions of work fell primarily to the Ministry of Administrative Development, Labor, and Social Affairs as well as the Ministry of Municipality and Environment and the Ministry of Public Health. The government did not effectively enforce standards in all sectors; working conditions for citizens were generally adequate, because government agencies and the major private sector companies employing them generally followed the relevant laws. Enforcement problems were in part due to insufficient training and lack of personnel.

The government took limited action to prevent violations and improve working conditions. In March the Worker Dispute Settlement Committees assumed their duties, chaired by first-instance judges appointed by the Supreme Judicial Council and members of the Ministry of Administrative Development, Labor, and Social Affairs. As of July the committees reported seeing over 120 cases per night and rulings were on behalf of employees in the over 70 percent of cases.

The Labor Inspection Department conducted monthly and random inspections of foreign worker camps. When inspectors found the camps to be below minimum standards, the operators received a warning, and authorities ordered them to remedy the violations within one month. For example, inspectors reportedly checked companies’ payrolls and health and safety practices, returning after one month to ensure any recommended changes were made. If a company did not remedy the violations, the Ministry of Administrative Development, Labor, and Social Affairs imposed fines, blacklisted the company, and on occasion referred the matter to the public prosecutor for action.

Fear of penalties such as blacklisting appeared to have had some effect as a deterrent to some labor law violations. Blacklisting is an administrative hold on a company or individual that freezes government services such as processing new visa applications from the firms. Firms must pay a 3,000 QAR ($825) fine to be removed from the list–even if the dispute is resolved–and the ministry reserves the right to keep companies on the list after the fine is paid as a punitive measure.

The Ministry of Administrative Development, Labor, and Social Affairs inspectors continued to conduct inspection visits to work and labor housing sites. Officials from the ILO joined labor inspectors on several inspections and assisted in the formation of a new strategic plan for strengthening the Labor Inspections Unit expected to begin implementation in 2019. Violators faced penalties of up to 6,000 QAR ($1,650) and 30 days’ imprisonment in the most serious cases, but labor observers reported that most safety and health violations were handled through administrative fines or blacklisting. The ministry maintained an office in Doha’s industrial area, where most unskilled foreign workers resided, to receive complaints about worker safety or nonpayment of wages.

Violations of wage, overtime, and safety and health standards were relatively common, especially in sectors employing foreign workers, in which working conditions were often poor. Employers must pay their employees electronically to provide a digital audit trail for the Ministry of Administrative Development, Labor, and Social Affairs. Employers who failed to pay their workers faced penalties of 2,000-6,000 QAR ($550-$1,650) per employee and possible prison sentences. By law employees have a right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, but authorities did not effectively provide protection to employees exercising this right. Employers often ignored working-hour restrictions and other laws with respect to domestic workers and unskilled laborers, the majority of whom were foreigners.

Some employers did not pay workers for overtime or annual leave. Employers housed many unskilled foreign laborers in cramped, dirty, and hazardous conditions, often without running water, electricity, or adequate food. The government continued to serve eviction notices to landlords whose buildings were not up to code. Throughout the year international media alleged some abusive working conditions existed, including work-related deaths of young foreign workers, especially in the construction sector.

Domestic workers often faced unacceptable working conditions. Many such workers frequently worked seven days a week and more than 12 hours a day with few or no holidays, no overtime pay, and limited means to redress grievances. Some employers denied domestic workers food or access to a telephone, according to news reports and foreign embassy officials.

International NGOs found that foreign workers faced legal obstacles and lengthy legal processes that prevented them from seeking redress for violations and exploitative conditions. Noncitizen community leaders also highlighted migrant workers’ continued hesitation to report their plight due to fear of reprisals.

Romania

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is greater than the official estimate for the poverty income level. The minimum wage more than doubled in nominal terms since 2012, rising from 700 lei ($186) to 1,900 lei ($505) during the year. Authorities enforced wage laws adequately, although a significant informal economy existed. According to Eurostat data, in 2017 more than a third of the population (35.7 percent) was at risk of poverty or social exclusion. Despite minimum wage increases, nearly one in five employed Romanians (18.9 percent) was at risk of poverty.

The law provides for a standard workweek of 40 hours or five days. Workers are entitled to overtime pay for weekend or holiday work or work of more than 40 hours. An employee’s workweek may not exceed 48 hours per week on average over a four-month reference period, although certain exceptions are allowed for certain sectors or professions. The law requires a 48-hour rest period in the workweek, although most workers received two days off per week. During reductions in workplace activity for economic or technical reasons, the law allows employers to shorten an employee’s workweek and reduce the associated salary. Excessive overtime may lead to fines for employers if workers file a complaint, but complaints were rare. The law prohibits compulsory overtime.

The law gives employers wide discretion regarding the performance-based evaluation of employees. The law permits 90-day probationary periods for new employees and simplifies termination procedures during this period.

The law provides for temporary and seasonal work and sets penalties for work performed without a labor contract in either the formal or the informal economy. The fine for employers using undeclared workers is 20,000 lei ($5,000) for each individual working without a labor contract, up to a maximum of 200,000 lei ($50,000). The maximum duration of a temporary contract 36 months, in accordance with EU regulations.

The Ministry of Labor, through the Labor Inspectorate, is responsible for enforcing the law on working conditions, health and safety, and minimum wage rates. The inspectorate was understaffed and inspectors underpaid; consequently, the inspectorate had high turnover and limited capacity. Minimum wage, hours of work, and occupational safety and health standards were not effectively enforced in all sectors. The construction, agriculture, and small manufacturers sectors were particularly problematic sectors for both labor underreporting and neglecting health and safety standards. The Labor Inspectorate identified 5,609 undeclared workers in 2017 and fined employers 45.7 million lei ($11.5 million). Through June the Labor Inspectorate identified 4,940 undeclared workers and fined employers 64.6 million lei ($16.2 million).

According to trade union reports, many employers paid supplemental salaries under the table to reduce both employees’ and employers’ tax burdens. To address underreported labor, in 2017 the government increased the minimum required payroll taxes that employers must pay for their part-time employees to equal those of a full-time employee earning minimum wage. In addition the Labor Inspectorate collaborated with the National Authority for Fiscal Administration to conduct joint operations to check employers in sectors prone to underreported labor, including the textile, construction, security, cleaning, food preparation, transportation, and storage industries. These investigations often focused on underpayment of taxes rather than workers’ rights.

The government did not effectively enforce overtime standards. Union leaders complained that overtime violations were the main problem facing their members, since employers often required employees to work longer than the legal maximum without always receiving mandatory overtime compensation. This practice was especially prevalent in the textile, banking and finance, and construction sectors. In August employees in a wiring and cable factory in Arges County complained about work conditions and practices, including insufficient breaks and mistreatment by management. Penalties for violating overtime standards ranged from 5,000 lei ($1,250) to 10,000 lei ($2,500). Fines of 20,000 lei ($5,000) were imposed for not respecting provisions regarding special compensation or leave for national holidays.

The Ministry of Labor is responsible for establishing occupational health and safety standards, and the Labor Inspectorate inspects employers for compliance with regulations. The high number of violations suggested that the penalties did not deter abuses. In 2017 inspectors focusing on workplace safety conducted 56,629 inspections, imposed 76,154 fines, and applied sanctions ranging from remedial recommendations to workplace or equipment suspension. Workers could remove themselves from situations they deemed dangerous to their health or safety without jeopardy to their employment. Not all workplace accidents are investigated by labor inspectors. Companies investigated minor incidents, while labor inspectors investigated more severe ones, typically those that resulted in fatalities or in multiple injuries. If appropriate, incidents may be referred for criminal investigation. Union leaders stated that labor inspectors only superficially investigated workplace accidents, including ones involving fatalities, and inspectors often wrongly concluded that the victims were at fault in most fatal accidents.

Russia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The monthly minimum wage increased to the official “subsistence” level of 11,163 rubles ($170) on May 1, and it will be regularly revised to keep pace with the increase in the subsistence minimum income. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law and nonpayment or late payment of wages remained widespread. According to Rosstat, as of October wage arrears amounted to 3.1 billion rubles ($48.4 million).

According to Novaya Gazeta, 60 coalminers in the TransBaikal region began a hunger strike in June for nonpayment of wages.

The labor code contains provisions for standard workhours, overtime, and annual leave. The standard workweek cannot exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal laws. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The labor code stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work cannot exceed four hours in a two-day period or 120 hours in a year for each employee. The law establishes minimum conditions for workplace safety and worker health, but does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working legally to the same rights and protections as citizens.

Occupational safety and health standards were appropriate to the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted that state labor inspectors needed additional professional training and additional inspectors to enforce consistent compliance.

According Rosstat, in 2016 a total of 21.2 percent of the labor force was employed in the informal economy, up from 20.5 percent in 2015 and the highest percentage since 2006. Rosstat defined the informal economy as enterprises not registered as legal companies, including persons who were self-employed or worked for an “individual entrepreneur.” Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-quality jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2015 approximately 28,200 workers were injured in industrial accidents, including 1,290 deaths.

According to HRW at least 21 workers died from work-related accidents at World Cup soccer tournament construction sites. Many suffered from severe working conditions, including lack of proper safety equipment, freezing temperatures, and threats of termination for complaining. Some workers either did not receive employment contracts or received them late, and some went unpaid for months.

Singapore

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not specify a national minimum wage. The government’s progressive wage model, designed to raise the productivity and wages of low-wage workers, requires businesses in the cleaning, landscaping, and security services sectors to pay a minimum wage in order to obtain a business license. The minimums range from 1,060 SGD ($774) for an indoor cleaner to 2,100 SGD ($1,530) for a qualified landscape supervisor. Legislation passed in October introduced a mandatory annual bonus for local cleaners.

The law sets the standard legal workweek at 44 hours. The law requires employers to apply for an overtime exception from the Ministry of Manpower for employees to work more than 72 hours of overtime per month. On November 20, the government amended the Employment Act to remove the existing salary cap on applicability of some workplace protections and expand the law’s coverage to all private sector employees, except domestic workers and seafarers who are still covered under separate laws. The amended law also mandates benefits for part-time employees, defined as those working 35 hours or less. The changes will enter into effect in April 2019 and will entitle all private sector employees to paid sick leave, mandatory annual leave, and protection against wrongful dismissal.

The law establishes a framework for workplaces to comply with occupational safety and health standards, and regular inspections enforced the standards. Officials encouraged workers to report situations that endanger health or safety to the ministry, but the law does not specifically protect the right of workers to remove themselves from a hazardous working environment.

The Ministry of Manpower effectively enforced laws and regulations establishing working conditions and comprehensive occupational safety and health regulations. Penalties for violating these regulations, which take the form of fines and stop-work orders, were sufficient to deter violations. During the year, the ministry increased the number of workplace inspections and continued to promote training to reduce the frequency of job-related accidents in high-risk sectors such as construction. The government also enforced requirements for employers to provide one rest day per week or compensation for foreign domestic workers. Penalties for violations include fines or imprisonment.

In July a landscaping company and two of its officers were charged for a workplace accident in 2016 in which a foreign worker, Rahman Mohammad Ataur, was severely burned. Environmental Landscape’s management reportedly pressured Rahman to clean an underground tank that exploded while he was inside it. The firm faced a maximum fine of 500,000 SGD ($365,000), and its director, a fine of as much as 200,000 SGD ($146,000) and/or a maximum of two years’ imprisonment.

The ministry promoted educational and training programs to reduce the frequency of job-related accidents. The programs strengthen the requirements for implementation of risk management and safety- and health-management systems in these higher-risk factories, which included construction worksites, shipyards, metalworking factories, and petrochemical plants.

The Tripartite Alliance for Dispute Management was jointly established in 2017 by the Ministry of Manpower, unions, and the employers’ federation to offer advisory and mediation services to help employees and employers to manage employment disputes. The Labor Relations and Workplaces Division of the Ministry of Manpower provided free advisory services to both foreign and local workers who experienced problems with employers; it provided mediation services for a fee. The ministry operated a hotline for foreign domestic workers.

The majority of foreign workers were concentrated in low-wage, low-skill jobs and were often required to work long hours in construction, shipbuilding, services, and domestic work.

The majority of foreign domestic workers, mainly from the Philippines and Indonesia, worked under clearly outlined contracts. According to the penal code, any employer of a foreign domestic worker or a member of the employer’s family, if convicted of certain offenses against the worker, such as causing hurt or insulting the modesty of the worker, is liable to a maximum penalty of one and one-half times the mandated penalty when the victim is not a domestic worker. Nevertheless, there were reports of employers abusing or mistreating such workers (see section 7.b.).

Slovakia

Section 7. Worker Rights

e. Acceptable Conditions of Work

On January 1, the government increased the minimum wage from 435 euros ($500) to 480 euros ($550) per month. As of July the minimum living standard (an official estimate of the poverty income level) was 205.07 euros ($236) per month.

The law mandates a maximum workweek of 48 hours, including overtime, except for employees in the health-care sector, whose maximum workweek is 56 hours, including overtime. Worker overtime generally could not exceed 150 hours per year, with the exception of health-care professionals, who in specific cases and under an agreement with labor unions could work up to 250 hours overtime. Employees who worked overtime were entitled to a 25 percent premium on their hourly rate. Employees who work under conditions that endanger their health and safety are entitled to “relaxation” leave in addition to standard leave and an additional 35 percent of their hourly wage rate. Employees who work during government holidays are entitled to an additional 50 percent of their hourly rate. Employers who fail to follow overtime rules face fines that were adequate to deter violations. If employers fail to pay an employee, they may face imprisonment of one to five years.

Trade unions, local employment offices, and the Ministry of Labor, Social Affairs, and Family monitored observance of these laws, and authorities effectively enforced them.

The law establishes health and safety standards that the Office for Labor Safety generally enforced. Workers could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Minimum wage, hours of work, and occupational safety and health standards were appropriate for the main industries and effectively enforced. The number of labor inspectors was sufficient to ensure compliance with the law. The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. If there are safety and security concerns found at a workplace, the inspectors may require companies to stop using equipment that poses risks until they meet safety requirements. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties.

Slovenia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national monthly gross minimum wage was 843 euros ($970). The official poverty line is set at 636 euros ($730) per month for single-member households. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors minimum wage compliance and has inspection authority. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. Penalties for violations were sufficient to deter violations.

Collective agreements determined whether workers received premium pay for overtime. The law limits overtime to eight hours per week, 20 hours per month, and 170 hours per year. Special commissions under the Ministry of Health and the Ministry of Labor, Family, Social Affairs, and Equal Opportunities set occupational health and safety standards for workers that are appropriate for the main industries in the country. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers facing hazardous working conditions included professional divers, mountain rescuers, sailors, construction workers, and miners. Workers facing exploitative working conditions included those employed in construction, the transport sector, the wood industry, and exotic dancers.

The law requires employers to protect workers injured on the job. If incapacitated, such workers may perform other work corresponding to their abilities, obtain part-time work, and receive occupational rehabilitation and wage compensation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors labor practices and has inspection authority; police are responsible for investigating violations of the law. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) observed that conflicts between laws governing inspection could lead to uncertainty regarding whether inspectors have a right of access to work sites. The law requires employers to make social security payments for all workers. The Free Legal Aid Society reported that employers of migrant workers usually did not deduct social security from paychecks, leaving those workers without a future pension or access to social services. The government employed 37 inspectors of labor contracts and 43 for occupational safety and health problems to cover more than 210,000 legal entities in the country. The CEACR and NGOs also observed there was an urgent need to increase the number of inspectors to keep up with the workload. Labor inspectors carried out labor contract and occupational safety and health inspections, found violations, and issued penalties. In both fields the majority of violations took place in the wood-processing industry, metal industry, construction, and bars and restaurants.

There were no major industrial accidents during the year in which workers were injured.

South Africa

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no legally mandated national minimum wage, although the law gives the Department of Labor authority to set wages by sector, which it has done in approximately 13 employment sectors. For example, effective in March the department increased the minimum wage for farm workers to 16.25 rand ($1.25) per hour. The minimum hourly wage for domestic workers employed more than 27 hours per week was raised to 13.05 rand ($1.00) per hour for employees in the urban areas and to 11.8 rand ($0.91) for employees in semiurban and rural areas. Established minimum wages exceeded the poverty level. The government provided free housing for some employees earning less than 3,500 rand ($270) per month, free health care, and, in some areas, no-fee schooling to assist the children of low-income earners. The law protects migrant workers, and they are entitled to all benefits and equal pay.

The law establishes a 45-hour workweek, standardizes time-and-a-half pay for overtime, and authorizes four months of maternity leave for women. No employer may require or permit an employee to work overtime except by agreement, and overtime may not be more than 10 hours a week. The law stipulates rest periods of 12 consecutive hours daily and 36 hours weekly and must include Sunday. The law allows adjustments to rest periods by mutual agreement. A ministerial determination exempted businesses employing fewer than 10 persons from certain provisions of the law concerning overtime and leave. Farmers and other employers could apply for variances from the law by showing good cause. The law applies to all workers, including workers in informal sectors, foreign nationals, and migrant workers, but the government did not prioritize labor protections for workers in the informal economy.

The government set appropriate occupational health and safety standards through the Department of Mineral Resources for the mining industry and through the Department of Labor for all other industries.

There are harsh penalties for violations of occupational health laws in the mining sector. Employers are subject to heavy fines or imprisonment for serious injury, illness, or the death of employees due to unsafe mine conditions. The law allows mine inspectors to enter any mine at any time to interview employees and audit records. The law provides for the right of mine employees to remove themselves from work deemed dangerous to health or safety. The law prohibits discrimination against a mining employee who asserts a right granted by law and requires mine owners to file annual reports providing statistics on health and safety incidents for each mine. Conviction of violation of the mining health and safety law is punishable by two years’ imprisonment, and the law empowers the courts to determine a fine or penalty applicable for perjury. The Department of Mineral Resources was responsible for enforcing the mining health and safety law.

The government set separate standards for compensation of occupational diseases for the mining industry and for other industries. The Department of Health’s fund related to the Occupational Diseases in Mines and Works Act reported that only 33,045 former mineworkers were certified as having silicosis as of 2014, but the final figure could be between 50,000 and 100,000. The fund has set aside 3.7 billion rand ($286 million) to deal with the backlog and compensate former mineworkers. Additionally, in 2016 the Johannesburg High Court certified class action against 32 gold-mining companies operating in the country from 1965 to the present by mineworkers suffering from silicosis and tuberculosis contracted at the companies’ mines. The companies were accused of insufficiently protecting black workers in particular from contracting lung-related diseases. The class-action certification paved the way for nearly 500,000 existing and former mineworkers to receive compensation from mining companies. In May, six major mining companies and their workers agreed on a five billion rand ($386 million) settlement. Beneficiaries are to receive between 70,000 rand ($5,400) each for claimants in early stages of silicosis and 500,000 rand ($38,600) each for those with a “special aggravated medical condition.”

Outside the mining industry, no laws or regulations permit workers to remove themselves from work situations deemed dangerous to their health or safety without risking loss of employment, although the law provides that employers may not retaliate against employees who disclose dangerous workplace conditions. Employees were also able to report unsafe conditions to the labor department, which used employee complaints as a basis for prioritizing labor inspections. Conviction of violation of health and safety regulations outside the mining sector is punishable by a fine of 100,000 rand ($7,720), imprisonment for a period not exceeding two years, or both. The Department of Labor was responsible for enforcing safety laws outside the mining sector.

The Department of Labor is responsible for enforcing wage standards outside the mining sector, and a tripartite Mine Health and Safety Council and an Inspectorate of Mine Health and Safety enforced such standards in the mining sector. Penalties for violations of wages and work-hour laws outside the mining sector were not sufficient to deter abuses.

The Department of Labor employed 1,295 labor inspectors, an insufficient number to enforce compliance. For example, 107 government labor inspectors in Western Cape Province had responsibility for more than 6,600 farms as well as other businesses and sectors. Labor inspectors conducted routine and unannounced inspections at various workplaces that employed vulnerable workers. Labor inspectors investigated workplaces in both the formal and informal sectors. Labor inspectors and unions reported having difficulty visiting workers on private farms.

In 2016-17 the Department of Labor reported it conducted 144,061 labor inspections and identified 20,515 cases of noncompliance. The department issued violation notices and referred cases for prosecution. In 2016-17 officials audited 22,967 workplaces to determine their compliance with occupational and safety laws; 15,929 were in compliance.

The government did not effectively enforce the law in all sectors. Occupational safety and health regulations were frequently violated in the mining sector, and compensation for injuries was erratic and slow. Penalties were not sufficient to deter violations. Unions in the agriculture sector noted their repeated attempts to have the Labor Department fine farms that failed to shield workers from hazardous chemicals sprayed on crops. Although labor conditions improved on large commercial farms, COSATU and leading agricultural NGOs reported that labor conditions on small farms remained harsh. Underpayment of wages and poor living conditions for workers, most of whom were black, were common. Many owners of small farms did not measure working hours accurately, 12-hour workdays were common during harvest time, and few farmers provided overtime benefits. Amendments to the Basic Conditions of Employment Act attempted to address some labor abuses at farms. For example, changes prohibited farms from selling farm employees’ goods from farm-operated stores on credit at inflated prices.

Farm workers also reported health and sanitation concerns. In a 2017 report, the NGO Women on Farms Project reported that 63 percent of the female farm workers surveyed did not have access to bathroom facilities and were forced to seek a bush or a secluded spot. The report also included the responses of female farm workers and their children who reported suffering from health problems such as skin rashes, cholinesterase depression, poisoning, harmful effects on the nervous system, and asthma due to pesticides to which they were exposed.

Mining accidents were common. Mine safety improved over prior decades, however. In 1995, 553 miners lost their lives in the country. As of July only 130 miners had died from accidents during the preceding 18 months.

In June, five miners died of heat and exhaustion after entering an area not being used for mining. Parts of the gold mine, located near Westonaria, were considered unsafe and were supposed to be cordoned off.

Spain

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which barely met the poverty level in 2017.

The Ministry of Employment, Migration, and Social Security effectively enforced minimum wage, hours of work, and occupational safety and health standards in the formal economy but not in the informal economy.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Employment, Migration, and Social Security has technical responsibility for developing occupational safety and health standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing the law on occupational safety and health standards through inspections and legal action if inspectors find infractions. The International Labor Organization estimated that there was one labor inspector for every 10,000 employed persons. The penalties were not sufficient to deter violations. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included occupational safety standards in the construction sector and infractions of wages and social security benefits on workers in the informal economy. In June, Funcas (Fundacion de Cajas de Ahorros) estimated that the informal economy was between 18.5 and 24.5 percent of the country’s gross domestic product.

Through July the Ministry of Labor, Migration, and Social Security recorded 303,876 workplace accidents. Authorities considered 301,287 accidents as minor and 2,307 as serious but nonfatal. There were 282 fatal accidents, four fewer than in the same period in 2017.

Sweden

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no national minimum wage law. Annual collective bargaining agreements set wages, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

OSH standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker.

The Swedish Work Environment Authority, a government agency, effectively enforced these standards. During the year the government’s more than 400 unannounced visits to check on work permits, taxes, and working environment regulations showed widespread violations. In 2017 the authority conducted approximately 22,000 labor dialogue visits and 16,000 labor inspections. The number of inspectors was adequate. The government’s increase of the authority’s budget resulted in the hiring of additional labor inspectors.

The Swedish Work Environment Authority issued occupational health and safety regulations, and trained union stewards and safety ombudsmen whom government inspectors monitored. Safety ombudsmen have the authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Information regarding the penalties’ sufficiency to deter violation was not available.

Many foreign seasonal workers, including berry pickers from Asia and Bulgaria, faced harsh conditions of work, including the seizure of passports, withholding of pay, and poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their workhours. In addition, a foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation.

Switzerland

Section 7. Worker Rights

e. Acceptable Conditions of Work

There was no national minimum wage. Work contracts covering approximately 40 percent of citizen wage earners included minimum wage provisions, although average wages for workers and employees covered by these contracts, particularly in the clothing, hospitality, and retail industries, remained relatively low. A majority of voluntary collective bargaining agreements, reached on a sector-by-sector basis, contained minimum compensation clauses. Authorities effectively enforced these contracts, and penalties were sufficient to deter violations. According to the most recent available statistics (2016), the poverty income level for a single person was 2,483 Swiss francs ($2,500) per month and 5,214 Swiss francs ($5,200) per month for a household of two adults and two children. Minimum wage agreements exceeded the poverty income level for a single person.

The law sets a maximum 45-hour workweek for blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The rules exclude certain professions, such as taxi drivers and medical doctors.

To protect worker health and safety, the law contains extensive provisions that are current and appropriate for the main industries. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Federal Department of Economic Affairs, Education, and Research and cantonal labor inspectorates effectively enforced laws relating to hours of work and occupational safety and health across all sectors including the informal economy. In 2017 the cantons inspected 11,971 businesses and 36,072 individuals. The ministry also oversees collective bargaining agreements. The number of labor inspectors was sufficient to enforce compliance.

The courts determined fines according to the personal and economic situation of the perpetrator at the time of sentencing.

Migrant workers in low-wage jobs were more likely to experience exploitative labor practices. During the year several local NGOs and international organizations, including the International Organization for Migration, expressed concern that authorities were not adequately addressing labor exploitation prevalent in the construction, hospitality, healthcare, and domestic-labor sectors.

Immigrants may work and have the same rights as other workers. There are no special provisions or requirements for noncitizen workers apart from having legal immigration status and a valid work permit. The government did not allow individuals without legal status or work permits to work. Individuals who obtained legal status could request a work permit. Asylum seekers usually were not allowed to work during the first three to six months after they had applied for asylum but in exceptional cases could work as self-employed.

In March 2017 the Federal Office for Health facilitated the establishment of a fund for assisting asbestos victims who had been diagnosed with cancer caused by workplace conditions dating to 2006. The fund was financed by voluntary industry contributions, including starting capital of six million Swiss francs ($6 million) and financial pledges of 24 million Swiss francs ($24 million).

Taiwan

Section 7. Worker Rights

e. Acceptable Conditions of Work

A new minimum wage of NT$23,109 ($758) per month, or NT$150 ($4.86) per hour, takes effect in January 2019, benefiting around 1.82 million domestic workers and 438,000 foreign workers. There is no minimum wage for workers in categories not covered by the law, such as management employees, medical doctors, healthcare workers, gardeners, bodyguards, self-employed lawyers, civil servants, contractors for local authorities, and domestic household workers.

The Ministry of Health and Welfare defined the poverty level as 60 percent below the average monthly disposable income of the median household in a designated area. By this definition, the poverty level was a disposable monthly income of NT$16,157 ($526) per person in Taipei, NT$14,385 ($469) per person in New Taipei City, NT$13,813 ($450) per person in Taichung, NT$12,941 ($421) per person in Kaohsiung, and NT$12,388 ($404) per person in all other areas.

A new amendment on working conditions came into force on March 1. Consistent with amendments passed in 2017, the new amendment stipulated working hours of eight hours per day and 40 hours per week, but it raised the overtime work limit from 46 hours per month to 54 hours per month. In addition, the new amendment reduced the mandatory rest interval for shift work from 11 hours to eight hours in certain sectors, provoking concerns over labor health and safety issues. The amendment likewise loosened the restriction on the number of consecutive working days from a maximum of six days in one week to 12 days in two weeks. These amendments were widely criticized by union members and academics as a step backwards in the regulated general labor conditions in Taiwan. Owners of small-to-medium sized enterprises, by contrast, generally praised the amendments for having introduced much-needed flexibility into the law. Employees in the “authorized special categories” approved by the Ministry of Labor are exempt from regular working hours stipulated in the law. These categories include security guards, flight attendants, insurance salespersons, real estate agents, nursery school teachers, ambulance drivers, and hospital workers.

Religious leaders continued to raise concerns that the law did not guarantee a day off for domestic workers and caregivers, which limited their ability to attend religious services. This problem was particularly salient among the 231,000 foreign caregivers and household workers, predominantly from Indonesia and the Philippines, who include a number of Muslims and Christians who want to or believe they must attend religious services on a certain day of the week.

The law provides for occupational safety and health standards that are appropriate for the main industries in the country. Employers are not subject to criminal charges when their employees are involved in fatal accidents due to unsafe working conditions.

Labor inspections conducted by local governments and specified agencies are regulated by the labor inspection law; but due to relatively weak enforcement, labor inspections often failed to serve as an effective deterrent against labor violations and unsafe working conditions. Authorities can fine employers and withdraw their hiring privileges for violations of the law, and the law mandates publicizing the names of offending companies. There were only 40,282 inspections in 2017, down 40 percent compared to 67,194 inspections in 2016. In particular, the Occupational Safety and Health Administration under the Ministry of Labor, which has the most trained inspectors, reduced the number of inspections it conducted by 89 percent to only 1,578 in 2017. As a result, the inspection rate dropped below 10 percent of all companies.

Among the 8,324 cases of labor violations in 2017, authorities brought only seven to the district prosecutor’s office, and the rest received only nominal fines. A Control Yuan investigation report showed some inspectors worked 50 to 70 hours overtime per month but received only 20 hours of overtime pay. A shortage of inspectors and the ineffectiveness of inspections were deemed the primary causes of these violations.

The Ministry of Labor operated a Foreign Worker Direct Hire Service Center and an online platform to allow employers to hire foreign workers without using a broker. The Taiwan International Workers’ Association maintained, however, that red tape in the system continued to enable brokers to exploit profits from foreign workers and prevented the Service Center from achieving widespread implementation. Regulations require inspection and oversight of foreign labor brokerage companies. The Ministry of Labor may also permit foreign workers’ transfer to new employers in cases of exploitation or abuse. Authorities also introduced several measures to reduce such exploitation. For example, authorities eliminated the requirement that foreign workers leave Taiwan every three years between re-employment contracts.

The government maintained a 24-hour toll-free “1955” hotline service in five languages (Mandarin, English, Indonesian, Thai, and Vietnamese) available for all foreign workers to obtain free legal advice, request urgent relocation and protection, report abuse by employers, file complaints about delayed salary payments, and all other general inquiries. All reporting cases are registered in the system for law enforcement to track and intervene if necessary. The hotline helped 6,028 foreign workers to reclaim a total of NT$161 million ($5.24 million) in salary payments in 2017. Foreign workers’ associations maintained that in spite of the existence of the hotline and authorities’ record of effective response, foreign workers often were reluctant to report employer abuses for fear the employer would terminate the contract and deport them, leaving them unable to reimburse debt accrued during the recruitment process.

The approximately 600,000 foreign workers, primarily from Indonesia, the Philippines, Thailand, and Vietnam, were vulnerable to exploitation. Foreign workers generally faced exploitation and incurred significant debt burdens during the recruitment process due to excessive brokerage fees, guarantee deposits, and higher charges for flights and accommodations. Locally operated service centers, to brief foreign workers on arrival, maintained a hotline for complaints and assistance and funded and operated shelters to protect abused workers. Brokerage agencies often required workers to take out loans for “training” and other fees at local branches of Taiwan banks in their home countries at high interest rates, leaving them vulnerable to debt bondage. NGOs reported that the monthly take-home pay of some domestic workers was as low as 6.7 percent of the official poverty level.

Mistreatment and poor working conditions for foreign fishermen remained common. Foreign fishermen recruited offshore were not entitled to the same labor rights, wages, insurance, and pensions as those recruited locally. For example, the Control Yuan issued a “correction verdict” to the Fisheries Agency and the Kaohsiung City Marine Bureau for their mismanagement and inaction when it became aware that 37 foreign fishing crews were living in a 645 square-foot shore house and were charged NT$300 ($9.77) per day to reside there.

It was widely reported that the operators of Taiwan’s fishing vessel Fuh Sheng 11 subjected their Indonesian crewmembers to inhuman treatment. Regulations only require a minimum monthly wage of $450 for foreign fishermen, significantly below the minimum wage on the island. Moreover, NGOs reported that foreign fishing crews on Taiwan-flagged long-haul vessels generally received wages below $450 per month because of dubious deductions for administrative fees and deposits. Several NGOs, including Greenpeace and the Taiwan International Workers Association, advocated for the abolishment of a separate hiring system for foreign fishermen. In response, the Fisheries Agency dispatched six officers to the United States, Samoa, Mauritius, Fiji, Palau, South Africa (Cape Town), and Marshall Islands to monitor labor conditions on Taiwan-flagged long-haul fishing vessels when they dock at these ports. These residential officers used a multilingual questionnaire to interview foreign fishermen and examine their labor conditions on board.

The freight and passenger transportation industries saw higher than average accident rates among drivers working overtime. Their employers were not subject to criminal charges or required to pay compensation related to these incidents and often sought to transfer legal liability from the company to the employee. For example, Taoyuan Bus Company asked all drivers to sign preemptively a self-declaration of full liability for any traffic accident that occurs while they are driving, which raised questions about the legality of such a document.

Thailand

Section 7. Worker Rights

e. Acceptable Conditions of Work

Effective January 1 there were seven rates of daily minimum wage depending on provincial cost of living, ranging from 308 baht ($9.26) to 330 ($9.93) baht. This daily minimum wage was three times higher than the government-calculated poverty line of 2,667 baht ($80) per month, last calculated in 2016.

The maximum workweek by law is 48 hours, or eight hours per day over six days, with an overtime limit of 36 hours per week. Employees engaged in “dangerous” work, such as chemical, mining, or other industries involving heavy machinery, may work a maximum of 42 hours per week and may not work overtime. Petrochemical industry employees may not work more than 12 hours per day but may work continuously for a maximum period of 28 days.

The law requires safe and healthy workplaces, including for home-based businesses, and prohibits pregnant women and children younger than 18 from working in hazardous conditions. The law also requires the employer to inform employees about hazardous working conditions prior to employment. Workers do not have the right to remove themselves from situations that endangered health or safety without jeopardy to their employment.

Legal protections do not apply equally to all sectors. For example, the daily minimum wage does not apply to employees in the public sector, SOEs, domestic work, nonprofit work, and seasonal agricultural work. Ministerial regulations provide household domestic workers some protections regarding leave, minimum age, and payment of wages, but they do not address minimum wage, regular working hours, social security, or maternity leave.

A large income gap remained between formal and informal employment, with workers in nonagricultural sectors earning an average of three times more than those in the agricultural sector. According to government statistics, 55 percent of the labor force worked in the informal economy, with limited protection under labor laws and the social security system.

There were reports daily minimum wages, overtime, and holiday pay regulations were not well enforced in small enterprises, in some areas (especially rural or border areas), or in some sectors (especially agriculture, construction, and sea fishing). Labor unions estimated 5-10 percent of workers received less than the minimum wage; however, the share of workers who received less than minimum wage was likely higher among unregistered migrant workers. Unregistered migrant workers rarely sought redress under the law due to their lack of legal status to work and live in the country legally and the fear of losing their livelihood.

The DLPW enforces laws related to labor relations and occupational safety and health. The law subjects employers to fines and imprisonment for minimum wage noncompliance, but enforcement was inconsistent. There were reports many cases of minimum wage noncompliance went to mediation in which workers agreed to settlements for owed wages lower than the daily minimum wage.

Convictions for violations of occupational safety and health (OSH) regulations include imprisonment and fines; however, the number of OSH experts and inspections was insufficient, with most inspections taking place in reaction to complaints. Union leaders estimated only 20 percent of workplaces, mostly large factories for international companies, complied with government OSH standards.

Medium and large factories often applied government health and safety standards, but overall enforcement of safety standards was lax, particularly in the informal economy and smaller businesses. NGOs and union leaders noted the main factors for ineffective enforcement as an insufficient number of qualified inspectors, overreliance on document-based inspection (instead of workplace inspection), lack of protection for workers’ complaints, lack of interpreters, and failure to impose effective penalties on noncompliant employers. The Ministry of Labor hired and trained more inspectors and foreign language interpreters. The foreign language interpreters were assigned primarily to fishing port inspection centers and multidisciplinary human-trafficking teams.

The country provides universal health care for all citizens, and social security and workers’ compensation programs to insure employed persons in cases of injury or illness and to provide maternity, disability, death, child allowance, unemployment, and retirement benefits. Registered migrant workers in both the formal and informal labor sectors and their dependents are also eligible to buy health insurance from the Ministry of Public Health.

NGOs reported many construction workers, especially subcontracted workers and migrant workers, were not in the social security system or covered under the workers’ compensation program, despite requirements of the law. While the social security program is mandatory for employed persons, it excludes workers in the informal sector such as domestic work, seasonal agriculture, and fishing. Workers employed in the informal sector, temporary or seasonal employment, or self-employed may also contribute voluntarily to the workers’ compensation program and receive government matching funds.

NGOs reported several cases of denial of government social security and accident benefits to registered migrant workers due to employers’ failure to fulfill mandatory contribution requirements or because of migrant workers’ failure to pass nationality verification. Compensation for work-related illnesses was rarely granted because the connection between some illnesses (such as respiratory disease, anemia, or vitamin B deficiency) and the workplace was often difficult to prove.

Workers in the fishing industry were often deemed seasonal workers and therefore not required by law to have access to social security and workers’ compensation; however, the government requires registered migrant workers to buy health insurance. The lack of sufficient occupational safety and health training, inspections by OSH experts, first aid, and reliable systems to ensure timely delivery of injured workers to hospitals after serious accidents exacerbated the vulnerability of fishery workers. NGOs reported several cases of migrant workers who received only minimal compensation from employers after becoming disabled on the job.

NGOs reported poor working conditions and lack of labor protections for migrant workers, including those near border-crossing points. In July the Royal Ordinance Concerning the Management of Foreign Workers’ Employment to regulate the employment, recruitment, and protection of migrant workers, went into full effect. The decree provides for civil penalties for employing or sheltering unregistered migrant workers, while strengthening worker protections by prohibiting Thai employment brokers and employers from charging migrant workers additional fees for recruitment. The decree also bans subcontracting and prohibits employers from holding migrant worker documents. It also outlaws those convicted of labor and anti-trafficking-in-persons laws from operating employment agencies. During the first six months of the year, the government worked with the governments of Burma, Cambodia, and Laos to verify identity documents and issue work permits for more than one million migrant workers from those countries.

Labor brokerage firms used a “contract labor system” under which workers sign an annual contract. By law businesses must provide contract laborers “fair benefits and welfare without discrimination”; however, employers often paid contract laborers less and provided fewer or no benefits.

NGOs noted local moneylenders, mostly informal, offered loans at exorbitant interest rates so citizen workers looking for work abroad could pay recruitment fees, some as high as 500,000 baht ($15,000). Department of Employment regulations limit the maximum charges for recruitment fees, but effective enforcement of the rules remained difficult and inadequate; effective enforcement was hindered by workers’ unwillingness to provide information and the lack of legal documentary evidence regarding underground recruitment and documentation fees and migration costs. Exploitative employment service agencies persisted in charging citizens working overseas large, illegal fees that frequently equaled their first- and second-year earnings.

In 2017, the latest year for which data were available, there were 86,278 reported incidents of diseases and injuries from workplace accidents. The Social Security Office reported most serious workplace accidents occurred in manufacturing, wholesale retail trade, construction, transportation, hotels, and restaurants. Observers said workplace accidents in the informal and agricultural sectors and among migrant workers were underreported. Employers rarely diagnosed or compensated occupational diseases, and few doctors or clinics specialized in them.

Turkey

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday/leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule. The Labor Ministry’s Labor Inspectorate effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. According to the unions, the government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries.

The government did not effectively enforce laws related to minimum wage, working hours, and OSH in all sectors. The law did not cover workers in the informal economy that included an estimated 25 percent of the gross domestic product and more than one-quarter of the workforce. Penalties came in the form of monetary fines but were not adequate to deter violations.

OSH remained a major challenge, particularly in the construction and mining industries, where accidents were common and regulations inconsistently enforced despite government efforts to improve OSH conditions. The Assembly for Worker Health and Safety reported at least 1,640 workplace deaths during the first 10 months of the year. In many sectors, workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. Overall numbers of labor inspectors remained insufficient to enforce compliance with labor laws across the country. During the year police detained several hundred airport workers protesting safety conditions (see section 7.a.).

Unions reported that OSH laws and regulations did not sufficiently protect contract workers or unregistered workers. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction.

United Kingdom

Section 7. Worker Rights

e. Acceptable Conditions of Work

The National Living Wage became law in 2016. All workers age 25 and older are legally entitled to at least 7.50 pounds ($9.75) per hour. Workers between 21 and 24 are legally entitled to the National Minimum Wage, which was 7.05 pounds ($9.17) per hour.

The government measures the poverty level as income less than 60 percent of the median household income; thus, the poverty line moves with the median income year to year. The median income is currently 27,200 pounds ($35,400), putting the poverty line at 16,320 pounds ($21,200) or less.

Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement. Civil penalties for noncompliant employers include fines of up to 200 percent of arrears capped at 20,000 pounds ($26,200) per worker) and public naming and shaming. Penalties were sufficient to deter violations.

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

The government set appropriate and current occupational safety and health standards. The law stipulates that employers may not place the health and safety of employees at risk. The Health and Safety Executive (HSE) is responsible for identifying unsafe situations, and not the worker. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The HSE, an arm of the Department for Work and Pensions, effectively enforced occupational health and safety laws in all sectors including the informal economy. The fine for violations is 400 pounds ($520), which was sufficient to deter violations. The HSE conducted workplace inspections and may initiate criminal proceedings. HSE inspectors also advise employers on how to comply with the law. Employers may be ordered to make improvements, either through an improvement notice, which allows time for the recipient to comply, or a prohibition notice, which prohibits an activity until remedial action has been taken. The HSE issued notices to companies and individuals for breaches of health and safety law. The notice may involve one or more instances when the recipient failed to comply with health and safety law, each of which was called a “breach.” The HSE prosecuted recipients for noncompliance with a notice while the Crown Office and Procurator Fiscal Service (COPFS) prosecuted similar cases in Scotland.

Figures for 2016-17 show that the HSE and COPFS prosecuted 593 cases with at least one conviction secured in 554 of these cases, a conviction rate of 93 percent. Across all enforcing bodies, 9,495 notices were issued. HSE and COPFS prosecutions led to fines totaling 69.9 million pounds ($90.9 million) compared with the 38.3 million pounds ($49.8 million) in 2015-16.

According to the HSE annual report, 137 workers were killed at work in 2016-17. An estimated 621,000 workers sustained a nonfatal injury at work according to self-reports. A total of 71,062 industrial injuries were reported in 2017-18 in the UK.

Bermuda’s law does not currently provide a minimum wage, however, and update to the legislation is expected next year. The Department of Labor and Training currently enforces any contractually agreed wage. Regulations enforced by the Department extensively cover the safety of the work environment; occupational safety and health standards and are current and appropriate for the main industries. By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment. Penalties were sufficient to deter violations. There were three industrial injuries reported in Bermuda in 2018.

Uruguay

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage, and the monthly minimum wage for all workers was 13,430 pesos ($415). The official per capita poverty income level was approximately 14,550 pesos ($450) per month in the capital and approximately 9,350 pesos ($290) per month in the interior, according to the National Institute of Statistics. The government effectively enforced wage laws, and penalties were sufficient to deter violations. Formal-sector workers, including domestic and migrant workers and workers in the agricultural sector, are covered by laws on minimum wage and hours of work. These laws do not cover workers in the informal sector, who accounted for 24 percent of the workforce. Workers in construction and agricultural sectors were more vulnerable to labor rights violations.

The law stipulates that persons cannot work more than eight hours a day and the standard workweek for those in the industrial and retail sectors may not exceed 44 or 48 hours, with daily breaks of 30 minutes to two and one-half hours. The law requires that workers receive premium pay for work in excess of regular work schedule hours. The law entitles all workers to 20 days of paid vacation after one year of employment and to paid annual holidays, and it prohibits compulsory overtime beyond a maximum 50-hour workweek. Employers in the industrial sector are required to give workers either Sunday off or one day off every six days of work (variable workweek). Workers in the retail sector are entitled to a 36-hour block of free time each week. Workers in the rural sector cannot work more than 48 hours in a period of six days.

The Ministry of Labor is responsible for enforcing the minimum monthly wage for both public- and private-sector employees and for enforcing legislation regulating health and safety conditions. The ministry had 120 labor inspectors throughout the country, which was sufficient to enforce compliance. The number of penalties imposed for labor violations was unavailable.

The government monitored wages and other benefits, such as social security and health insurance, through the Social Security Fund and the Internal Revenue Service. The Ministry of Public Health’s Bureau of Environment and Occupational Work is responsible for developing policies to detect, analyze, prevent, and control risk factors that may affect workers’ health. In general authorities effectively enforced these standards in the formal sector but less so in the informal sector.

The Labor Ministry’s Social Security Fund monitored domestic work and may obtain judicial authorization to conduct home inspections to investigate potential labor law violations. Conditions for domestic workers improved, including labor rights, social security benefits, wage increases, and insurance benefits. Although 37 percent of domestic workers were employed in the informal sector, it was half the percentage of 10 years ago.

By law workers may not be exposed to situations that endanger their health or safety and may remove themselves from such situations without jeopardy to their employment. Government authorities and unions protected employees who removed themselves from such activities. The Ministry of Agriculture is responsible for carrying out safety and health inspections in the agricultural sector.

The Ministry of Labor sets occupational safety and health standards, and the standards were current and appropriate for the main industries in the country.

The state-owned insurance company BSE reported 31,622 labor accidents and 25 labor-related deaths in 2017, compared with 33,000 accidents and 14 deaths in 2016. A total of 3,218 accidents were related to construction work. The National Employment and Professional Development Institute had trained 10,000 workers on occupational safety and labor accident prevention. In some cases workers were not informed of specific hazards or employers did not adequately enforce labor safety measures.

The press reported on a case involving nine construction workers who were injured from a fall into a pit at a site in Montevideo in September. One day prior, the Ministry of Labor had issued an order for the work area to be closed. Neither the closure nor the hazards of the area were communicated to the construction workers. The construction workers union filed a formal complaint. The Ministry of Labor was investigating the incident and reported it would apply the necessary penalties.

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