Albania

Section 7. Worker Rights

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

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

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

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

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

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

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

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

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

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

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

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

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

Angola

Section 7. Worker Rights

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

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

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

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

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

The law prohibits all forms of forced or compulsory labor.

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

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

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

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

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

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

Discrimination against migrant workers also occurred.

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

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

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

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

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

Armenia

Section 7. Worker Rights

The law protects the right of all workers to form and to join independent unions, except for non-civilian personnel of the armed forces and law enforcement agencies. The law also provides for the right to strike, with the same exceptions, and permits collective bargaining. The law mandates seven day’s notification and mandatory mediation before a strike, as well as the agreement of two-thirds of the workforce obtained in a secret vote. The law stipulates that worker rights may not be restricted because of membership in a union. The list of justifiable grounds for firing a worker, enumerated in the labor code, does not include union activity.

In April 2017 the Health Inspection Body (HIB) of the Ministry of Health was established by government decree to ensure that health and occupational safety requirements for employees were met. While the final composition and scope of HIB’s authority was still under review as of September, the HIB’s charter had limited references to labor legislation and labor rights as well as a limited mandate to carry out inspections to ensure the protection of labor rights for minors, pregnant women, and women breastfeeding or caring for children. There were no other state bodies with inspection responsibilities to oversee and protect the implementation of other labor rights. The government did not effectively enforce laws on freedom of association and collective bargaining, and the government has not established which entity should have responsibility for enforcing these laws.

Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions. Employees did not report labor rights violations because of fear of retaliation by employers and usually did not make formal complaints. Labor unions were generally inactive, with those in the mining and chemical industries viewed as co-opted by plant owners. According to domestic observers, the informal consent of the employer was required to establish a formal trade union. After the May change in government, a number of protests occurred throughout the country with employees demanding higher wages and better working conditions In November, the government approved a legislative initiative to amend the law on state pensions. The Deputy Minister of Labor and Social Affairs Arsen Manukyan said the bill will attempt to fight extreme poverty among pensioners by raising the pension to the extreme poverty line beginning in 2019.

The law prohibits and criminalizes all forms of forced and compulsory labor, although no definition of forced labor is provided in the law. While the government effectively prosecuted labor trafficking cases, resources, inspections, and remediation were inadequate to identify forced labor cases at large due to absence of an effective labor inspection mechanism. Penalties for labor trafficking were sufficiently stringent to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

There are laws and policies designed to protect children from exploitation in the workplace. In most cases, the minimum age for employment is 16, but children may work from the age of 14 with permission of a parent or a guardian. The law allows children younger than 14 to work in the entertainment sector. The maximum duration of the workweek is 24 hours for children who are 14 to 16 and 36 hours for children who are 16 to 18. Persons younger than 18 may not work overtime, in harmful, strenuous, or dangerous conditions, at night, or on holidays. Authorities did not effectively enforce applicable law. Penalties were insufficient to enforce compliance. The absence of worksite inspections conducted at the national level impeded the enforcement of child labor laws.

According to the Armenian National Child Labor Survey 2015 Analytical Report, conducted by the National Statistical Service and the International Labor Organization, 11.6 percent of children between the ages of five and 17 were employed. Most were involved in the agriculture, forestry, and fishing sectors, while others worked in the sectors of trade, repair, transport, storage, accommodation, and food services. Children were also involved in the trade of motor fuel, construction materials, medication, vehicle maintenance and repair works. According to the survey, 39,300 children were employed, of whom 31,200 were engaged in hazardous work, including work in hazardous industries (400 children), in designated hazardous occupations (600 children), work with long hours (1,200 children), work that involved carrying heavy loads and distances (17,200 children) and, other forms of hazardous work (23,600 children).

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

The constitution prohibits discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce the law. There were no effective legal mechanisms to implement these regulations, and discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no official or other statistics to account to the scale of such discrimination. Administrative penalties were not sufficient to deter violations.

Women generally did not enjoy the same professional opportunities or wages as men, and employers often relegated them to more menial or low-paying jobs. While providing for the “legal equality” of all parties in a workplace relationship, the labor code does not explicitly require equal pay for equal work. According to World Bank data released in 2016, more than one-half of women with intermediary education and one-third of women with advanced education did not participate in paid work. According to the 2017 World Bank study, Leveling the STEM Playing Field for Women, “cultural stereotypes about the work women should engage in and their responsibilities at home present the strongest barrier to equality between women and men” in the country. Women also represented a larger share of the registered unemployed, and it took them a longer time to find work. According to a gender gap study by the UN Population Fund, Diagnostic Study of Discrimination against Women, released in 2016, the gap between average salaries of men and women in all economic spheres was almost 36 percent.

Many employers reportedly practiced age and gender discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate it. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, as well as pregnant women also faced discrimination in employment. Religious minorities faced discrimination in public employment.

The established monthly minimum wage was above the poverty income level. The law provides for a 40-hour workweek, 20 days of mandatory paid annual leave, and compensation for overtime and nighttime work. The law prohibits compulsory overtime in excess of four hours on two consecutive days and limits it to 180 hours in a year. The government established occupational and health standards by decree.

Authorities did not effectively enforce labor standards in either the formal or the informal sectors. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspection regime, lack of independent trade unions, and overloaded administrative courts dockets that could only address new cases more than a year after they were filed.

Many employees of private companies, particularly in the service and retail sectors, were unable to obtain paid leave and were required to work more than eight hours a day without additional compensation. According to representatives of some employment agencies, many employers also hired employees for an unpaid and undocumented “probationary” period of 10 to 30 days. Often employers subsequently dismissed these employees, who were then unable to claim payment for the time they worked because their initial employment was undocumented.

Managers of enterprises that were the primary employers in certain poor geographic areas frequently took advantage of the absence of alternative jobs and did not provide adequate pay or address job safety and environmental concerns. Nearly half of all workers found employment in the informal sector, where they were vulnerable to employer abuse and without governmental protection. According to media reports, after the new government’s anticorruption efforts, large supermarket chains began to officially register their workers, leading to drastic increases in the number of registered employees without additional hiring.

On November 30, the Helsinki Committee of Armenia NGO presented the results of a study on labor rights of teachers working in public schools conducted in the period from October 2017 to May that found problems with working conditions in terms of safety and health. Some teachers said they did not feel protected from psychological pressure in the school by administration and those teachers hired to work through nepotism. Approximately half of the teachers had to find students to enroll in the schools and some ensured the participation of children in political events. The vast majority of teachers never united for voicing and solving their problems. The majority of teachers said they had never applied with their problems to the Trade Union for Education and Science, which most were a member of, a mandatory requirement. According to the teachers, the least protected teachers in their schools were representatives of religious minorities, LGBTI teachers, and former convicts.

On June 4, a number of women working night shifts at Sanitek Waste Management Company sent a letter to the prime minister stating that the company violated their labor contracts, exploited them, and abused their working hours. According to the letter, employees working eight hours at night did not receive their salary as provided in their contracts, could not take annual leave nor the required four days of rest during the month, did not know how much territory they were supposed to clean, and did not receive overtime pay for night work. While there were consistent reports of labor law violations over the years at Sanitek, there were no reports that authorities imposed penalties on the company or that the company had made an effort to improve working conditions. Safety and health conditions remained substandard in numerous sectors, and according to official information there were at least 23 fatal workplace incidents during the first nine months of the year. In light of high unemployment in the country, workers generally did not remove themselves from situations that endangered their health or safety. Authorities offered no protection to employees in these situations, and employees generally did not report violations of their rights.

In a separate case, employees and contractors of a mining company found themselves unable to work because of road closures by protestors. The ongoing, multi-month road closures resulted in a halt to operations that subsequently led to the termination of approximately 1,400 employees and contractors.

Azerbaijan

Section 7. Worker Rights

The law provides for the right to form and join independent labor unions. Uniformed military and police and managerial staff are prohibited from joining unions. While the law provides workers the right to bargain collectively, unions could not effectively negotiate wage levels and working conditions because government-appointed boards ran major state-owned firms and set wages for government employees.

The law provides most private sector workers the right to conduct legal strikes but prohibits civil servants from striking. Categories of workers prohibited from striking include high-ranking executive and legislative officials; law enforcement officers; court employees; fire fighters; and health, electric power, water supply, telephone, railroad, and air traffic control workers.

The law prohibits discrimination against trade unions and labor activists and requires the reinstatement of workers fired for union activity. The law also prohibits retribution against strikers, such as dismissal or replacement. Striking workers who disrupt public transportation, however, could be sentenced to up to three years in prison.

The government did not effectively enforce laws related to freedom of association and collective bargaining. Administrative penalties were not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. There were some additional restrictions in practice, such as increased bureaucratic scrutiny of the right to form unions and conduct union activities.

Most unions were not independent, and the overwhelming majority remained tightly linked to the government, with the exception of some journalists’ unions. The Azerbaijan Trade Unions Confederation (ATUC) was the only trade union confederation in the country. Although ATUC registered as an independent organization, some workers considered it closely aligned with the government. ATUC reported it represented 1.6 million members in 27 sectors. Both local and international NGOs claimed that workers in most industries were largely unaware of their rights and afraid of retribution if they initiated complaints. This was especially true for workers in the public sector.

Collective bargaining agreements were often treated as formalities and not enforced. Although the labor law applies to all workers and enterprises, the government may negotiate bilateral agreements that effectively exempt multinational enterprises from it. For example, production-sharing agreements between the government and multinational energy enterprises did not provide for employee participation in a trade union. While the law prohibits employers from impeding the collective bargaining process, employers engaged in activities that undercut the effectiveness of collective bargaining, such as subcontracting and using short-term employment agreements.

The state oil company’s 65,200 workers were required to belong to the Union of Oil and Gas Industry Workers, and authorities automatically deducted union dues (2 percent of each worker’s salary) from paychecks. Many of the state-owned enterprises that dominated the formal economy withheld union dues from workers’ pay but did not deliver the dues to the unions. Employers officially withheld one-quarter of the dues collected for the oil workers’ union for “administrative costs” associated with running the union. Unions and their members had no means of investigating how employers spent their dues.

The law prohibits all forms of forced or compulsory labor, except in circumstances of war or in the execution of a court decision under the supervision of a government agency. Penalties for violations, including imprisonment, were generally sufficient to deter violations. The government did not effectively enforce applicable laws. Resources and inspections were inadequate, due in part to a moratorium on all routine and unannounced labor inspections.

Broad provisions in the criminal code provide for the imposition of compulsory labor as a punishment for expressing political views or views ideologically opposed to the established political, social, or economic system. During the year the International Labor Organization (ILO) Committee of Experts noted its concern with a growing trend to use various provisions of the criminal code to prosecute journalists, bloggers, human rights defenders, and others who expressed critical opinions, under questionable charges which appeared politically motivated, resulting in long periods of corrective labor or imprisonment, both involving compulsory labor.

During the year there were isolated reports that some public-sector employees and a small number of university students outside of the capital were mobilized and forced by local officials to participate in the autumn cotton harvest. There were also reports of workers–including migrant workers–subjected to conditions of forced labor in the construction industry, forced, begging by children, and forced domestic servitude. The Ministry of Internal Affairs reported it identified five cases of forced labor during 2017, the latest year for which such data were available.

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

c. Prohibition of Child Labor and Minimum Age for Employment

In most cases the law permits children to work from the age of 15 with a written employment contract; children who are 14 may work in family businesses or, with parental consent, in daytime after-school jobs that pose no hazard to their health. Children less than the age of 16 may not work more than 24 hours per week; children who are 16 or 17 may not work more than 36 hours per week. The law prohibits employing children under the age of 18 in difficult and hazardous conditions and identifies specific work and industries in which children are prohibited, including work with toxic substances and underground, at night, in mines, and in nightclubs, bars, casinos, or other businesses that serve alcohol.

The government did not effectively enforce laws prohibiting child labor and setting a minimum age for employment. The government maintained a moratorium on routine and unannounced inspections, which prevented effective enforcement of child labor laws. Resources and inspections were inadequate, and penalties for violations, including fines, did not always deter violations. The Ministry of Labor and Social Protection of Population was only permitted to conduct inspections based on complaints.

There were few complaints of abuses of child labor laws during the year, although there were anecdotal reports of child labor in agriculture, in restaurants and wedding halls, forced begging, and street work, such as in bazaars/markets, auto garages and car washes, and also selling fruit and vegetables on roadsides throughout the country. In agriculture there were anecdotal reports of children working in the production of fruits, vegetables, and, to a lesser extent, involved in producing, tea, rice, and cotton. There were also reports of children subjected to commercial sexual exploitation (see section 6, Children, and section 7.b.).

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

The law prohibits discrimination with respect to employment and occupation, but the government did not always enforce the law effectively. Penalties for discrimination in employment existed under various articles and laws, were patchwork in nature, and did not effectively deter discrimination in all its forms. The law excludes women from certain occupations with inherently dangerous conditions, such as working underground in mines.

Employers generally hesitated to hire persons with disabilities, and workplace access was limited. Discrimination in employment and occupation also occurred with respect to sexual orientation. LGBTI individuals reported employers found other reasons to dismiss them because they could not legally dismiss someone because of their sexual orientation. Women were underrepresented in high-level jobs, including top business positions. Traditional practices limited women’s access to economic opportunities in rural areas. According to the State Statistics Committee of Azerbaijan, in 2017 the average monthly salary for women was 335.7 manat ($197), while the average monthly salary for men was 663.1 manat ($390).

On January 1, the national minimum wage was increased from 116 manat ($68) per month to 130 manat ($77). The minimum wage was below the poverty level (minimum living standard) for able-bodied persons, which was increased on January 1 from 155 manat ($91) to 173 manat ($101). Experts stated that government employers complied with the minimum wage law, but that it was commonly ignored in the gray economy. The law requires equal pay for equal work regardless of gender, age, or other classification, although women’s pay lagged behind that of men.

The law provides for a 40-hour workweek. Workers in hazardous occupations may not work more than 36 hours per week. Information was not available on whether local companies provided the legally required premium compensation for overtime, although international companies generally did. There is no prohibition on excessive compulsory overtime. The law provides equal rights to foreign and domestic workers.

The government did not effectively enforce the laws on acceptable conditions of work, and penalties as described in the law did not deter violations.

In November 2017 the government extended its moratorium on scheduled and unannounced labor inspections until 2021. Although inspectors were still permitted to inspect private sector workplaces after receiving a complaint and government-owned workplaces, the Ministry of Labor and Social Security did not report any inspections during the year. The ministry reportedly maintained the full staff of inspectors.

Inspection of working conditions by the Ministry of Labor and Social Protection’s labor inspectorate was weak and ineffective due to the moratorium. There were too few ministry labor inspectors to monitor worksites, and penalties for violations were seldom enforced. Although the law sets health and safety standards, employers widely ignored them. Violations of acceptable conditions of work in the construction and oil and gas sectors remained problematic.

Local human rights groups, including the Oil Workers Rights Defense Organization, an NGO dedicated to protecting worker rights in the petroleum sector, maintained that employers, particularly foreign oil companies, did not always treat foreign and domestic workers equally. Domestic employees of foreign oil companies reportedly often received lower pay and worked without contracts or private health care insurance. Some domestic employees of foreign oil companies reported violations of the national labor code, noting they were unable to receive overtime payments or vacations.

According to official statistics, 53 workers died on the job during the year, including five deaths in the oil and gas sector. Workers may remove themselves from situations that endanger health or safety, but there is no legal protection of their employment if they did so. In June there were reports that approximately 200 workers in cotton fields in Saatli, Terter, Imishli, and Yevlakh were poisoned by pesticides. The Prosecutor General’s Office launched a criminal case and arrested at least 10 individuals.

The ATUC reported good cooperation with Russian and Georgian authorities on measures to protect Russian and Georgian migrant workers’ rights and the safety of working conditions.

Bahrain

Section 7. Worker Rights

The constitution and labor code recognize the right to form independent trade unions and the right to strike, with significant restrictions. The law does not provide for the right to collective bargaining.

The law prohibits trade unions in the public sector. Public-sector workers may join private-sector trade unions and professional associations, although these entities may not bargain on their behalf. The law also prohibits members of the military services and domestic workers from joining unions. Foreign workers, composing nearly 80 percent of the civilian workforce, may join unions if they work in a sector that allows unions, although the law reserves union leadership roles for citizens. The law prohibits unions from engaging in political activities.

The law specifies only an official trade union may organize or declare a strike, and it imposes excessive requirements for legal strikes. The law prohibits strikes in 10 “vital” sectors–the scope of which exceeds international standards–including the oil, gas, education, telecommunications, transportation, and health sectors, as well as pharmacies and bakeries. The law makes no distinction between “vital” and “nonvital” employees within these sectors. Workers must approve a strike with a simple majority by secret ballot and provide 15 days’ notification to the employer before conducting a strike.

The law allows multiple trade union federations but prohibits multisector labor federations and bars individuals convicted of violating criminal laws that lead to trade union or executive council dissolution from holding union leadership posts. The law gives the labor minister, rather than the unions, the right to select the federation to represent workers in national-level bargaining and international forums. The law prohibits antiunion discrimination; however, in practice independent unions face government repression and harassment. The law does not require reinstatement of workers fired for union activity.

Relations between the main federations and the Ministry of Labor and Social Development were publicly contentious at times. The government sometimes interfered in GFBTU activities, such as preventing public May Day observances, although the ministry supported GFBTU partnership with international NGOs for training workshops.

Some workers and union affiliates complained union pluralism resulted in company management interfering in union dues collection and workers’ chosen union affiliation. They stated that management chose to negotiate with the union it found most favorable–to the detriment of existing collective bargaining agreements and the legitimate voice of workers.

In 2014, after signing a second tripartite agreement, the ILO dismissed the complaint filed in 2011 regarding the dismissal of workers. During the year the government reported it considered efforts at reinstatement, as reflected in the tripartite agreement, to be completed. The government reported that 154 of the 165 cases had been resolved through either reinstatement or by financial compensation. Human rights organizations and activists questioned the government’s claims and reported continuing, systemic labor discrimination.

Throughout the year hundreds of foreign construction workers went on strike because of unpaid salaries. An estimated 150 workers of the GP Zachariades (GPZ) construction group protested over unpaid wages. On August 3, news reports stated that former GPZ employees–90 Bahrainis and more than 400 expatriates–received pending salaries after the Ministry of Works, Municipality Affairs, and Urban Planning paid an outstanding one million dinars ($2.65 million) to GPZ. On December 11, local press reported that 150 GPZ employees protested over unpaid wages. The Ministry of Labor and Social Development reported that general talks with the GPZ officials were ongoing, and that as many as 1,500 employees had been affected. In a separate protest on June 15, hundreds of Indian, Bangladeshi, and Pakistani employees from the Orlando Construction Company claimed they had not been paid for six months. Through mediation between the Ministry of Labor, labor-sending countries’ labor attaches, and company leaders, the workers received their wages by year’s end.

The law prohibits all forms of forced or compulsory labor except in national emergencies, but the government did not always enforce the law effectively. There were reports of forced labor in the construction and service sectors. The labor law covers foreign workers, except domestic workers, but enforcement was lax, and cases of debt bondage were common. There were also reports of forced labor practices that occurred among domestic workers and others working in the informal sector; labor laws did not protect most of these workers. Domestic workers have the right to see their terms of employment, a right provided since 2012.

In many cases employers withheld passports, a practice prohibited by law, restricted movement, substituted contracts, or did not pay wages; some employers also threatened workers and subjected them to physical and sexual abuse. The Ministry of Labor and Social Development reported 2,990 labor complaints from domestic workers and constructions workers, mostly of unpaid wages or denied vacation time.

Estimates of the proportion of irregular migrant workers in the country under “free visa” arrangements–a practice where workers pay individuals or companies sponsor visas for persons who are then “free” to work wherever they want informally–ranged from 10 to 25 percent of the foreign workers in the country. The practice contributed to the problem of debt bondage, especially among low-wage workers. In numerous cases employers withheld salaries from foreign workers for months or years and refused to grant them permission to leave the country. Fear of deportation or employer retaliation prevented many foreign workers from complaining to authorities.

In July 2017 the Labor Market Regulatory Authority (LMRA) launched a flexible work-permit pilot program, which permits an individual to self-sponsor a work permit. It is available only to workers who are out of status and costs approximately 450 dinars ($1,200), in addition to a monthly fee of 30 dinars ($79). Some NGOs expressed concerns regarding the cost of the visa and the fact that it shifts responsibilities, such as health insurance, from the employer to the worker. According to government reports from October, more than 10,000 persons had received the flexi permit since its launch. Governments of origin countries stated that it was an important first step in regularizing undocumented workers but also criticized the program for being too expensive. The Philippines government provided some funding to cover application costs for its citizens who were eligible for the program. The LMRA reported that as of October there were approximately 70,000 undocumented workers in the country.

In 2016 the LMRA instituted procedures that allowed workers to change their employer associated with their visa–either without permission from their old employer or without their passport. The LMRA threatened employers who withheld passports with criminal and administrative violations and prohibited at-fault employers from hiring new workers. During the year the government shut down recruitment agencies and revoked licenses of others for infringing on workers’ rights. Recruitment agencies complicit in illegal practices may be subject to license revocation, legal action, shutdown of business operations, and/or a forfeit of license deposits.

The LMRA employed 72 inspectors who were sworn officers of the court, with the authority to conduct official investigations. LMRA inspector reports may result in fines, court cases, loss of work permits, and termination of businesses. These inspectors focus on the legal and administrative provisions under which individuals fall, including work permits, employer records, and licenses. The Ministry of Labor employed 23 general inspectors and occupational safety inspectors. Their roles are to inspect workplaces, occupational health and safety conditions, and the employer/employee work relationship.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, and the minimum age for hazardous work is 18. Children younger than 18 may not work in industries the Ministry of Health deemed hazardous or unhealthy, including construction, mining, and oil refining. They may work no more than six hours a day–no more than four days consecutively–and may be present on the employment premises no more than seven hours a day. The Ministry of Labor made rare exceptions on a case-by-case basis for juveniles age 14 or 15 with an urgent need to assist in providing financial support for their families. Child labor regulations do not apply to family-operated businesses in which the only other employees are family members.

The law requires that before the ministry makes a final decision on allowing a minor to work, the prospective employer must present documentation from the minor’s guardian giving the minor permission to work; proof the minor underwent a physical fitness examination to determine suitability; and assurance from the employer the minor would not work in an environment the ministry deemed hazardous. Generally, the government effectively enforced the law.

There were some cases of noncitizen children employed as domestic workers who had used fraudulent identity documents misrepresenting their age as 18 or older in order to secure employment. Observers believed some citizen children worked in family-run businesses, but the practice did not appear to be widespread. The law does not allow expatriate workers younger than 18 to work in the country.

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

The constitution provides for equality between men and women in political, social, cultural, and economic spheres without breaching the provisions of Islamic law. The Labor Law deems dismissal for sex, color, religion, ideology, marital status, family responsibilities, and pregnancy to be arbitrary and illegal, but provides for no right to reinstatement. The law also prohibits wage discrimination based on sex, origin, language, religion, or ideology. There are no other specific protections regarding race, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status.

Women continued to face discrimination and barriers to advancement, especially in fields traditionally dominated by men, including leadership positions. They often faced hiring discrimination because of a perception they would become pregnant or their family lives would interfere with their work.

It remained rare for persons with disabilities to find employment in positions of responsibility. Many workplaces remained difficult to access for those needing assistance due to a lack of ramps, narrow doorways, and unpaved parking lots. The Ministry of Labor continued to fund a center offering employment and training services for citizens with disabilities.

Many workers in the country were foreign workers. There are no provisions to provide for equality in the hiring process. It was common for employers to advertise positions for specific nationalities or languages without justifying why only persons from that specific nationality or language group would be acceptable.

After a Bangladeshi mosque caretaker killed a Bahraini imam on August 4, the government increased scrutiny of foreigners entering the country. In August the Ministry of Interior announced an indefinite ban on issuing new visas to Bangladeshi workers. NGOs active in migrant worker issues estimated that Bangladeshi workers constituted the majority of undocumented residents.

Lack of transparency in hiring processes, especially for government positions, led to many complaints of discrimination based on sect or ethnicity. Human rights organizations reported that Shia citizens faced widespread employment discrimination in both the public and private sectors. Sunni citizens often received preference for employment in sensitive government positions, notably in the managerial ranks of the civil service, as well as positions in the security services and the military.

There is no national private-sector minimum wage. A standardized government pay scale covers public-sector workers, with a set minimum of 300 dinars ($795) per month. There is no minimum wage for foreign workers in the public sector, although the government issued “guidelines” advising employers in the public and private sectors to pay a minimum of 150 dinars ($398) per month. There was no official poverty level.

In April the local press reported that half of the workers in the country earned less than 200 dinars ($530) per month. According to the article, 380,084 workers (mostly men), including 3,307 citizens, earned a monthly wage of less than 200 dinars. Although the average salary for foreign workers was not mentioned, it stated that the average monthly wage for the country’s 158,415 citizen workers was 522 dinars ($1,380).

Subject to the provisions of the private-sector law, employers may not employ a worker for more than 48 hours per week. Employers may not employ Muslim workers during the month of Ramadan for more than six hours per day or 36 hours per week.

The Ministry of Labor sets occupational safety and health standards. The labor law and relevant protections apply to citizens and noncitizens alike, with the exception of domestic workers. The revised labor law improved the legal situation for many workers as it pertains to access to contracts and additional holidays, although it excludes domestic workers from the majority of protections.

The Ministry of Labor is responsible for enforcing the labor law and mandating acceptable conditions of work. The labor law stipulates that companies that violate occupational safety standards be subject to a fine between 500 dinars ($1,325) and 1,000 dinars ($2,650). In 2017 the ministry issued 561 prosecution notices to companies in violation of occupational safety standards.

The Ministry of Labor enforced occupational safety and health standards; it also used a team of engineers from multiple specialties primarily to investigate risks and standards at construction sites, which were the vast majority of worksites.

Inspectors have the authority to levy fines and close worksites if employers do not improve conditions by specified deadlines. A judge determines fines per violation, per worker affected, or both. A judge may also sentence violators to prison. For repeat violators, the court may double the penalties.

Despite the improvements, NGOs feared resources for enforcement of the laws remained inadequate for the number of worksites and workers, many worksites would not be inspected, and the regulations would not necessarily deter violations.

A ministerial decree prohibits outdoor work between noon and 4 p.m. during July and August because of heat conditions. Authorities enforced the ban among large firms but, according to local sources, violations were common among smaller businesses. Employers who violated the ban are subject to up to three months’ imprisonment, a fine ranging between 500 dinars ($1,325) and 1,000 dinars ($2,650), or both. The ministry documented 152 companies in noncompliance with the summer heat ban during the year.

The government and courts generally worked to rectify abuses brought to their attention. Workers could file complaints with the ministry. The vast majority of cases involving abused domestic workers did not reach the ministry or the public prosecutor. Police referred 40 cases to the National Referral Mechanism in the first half of the year. Individuals with referred cases received a range of services, including shelter provided by the National Committee for Combating Trafficking in Persons (NCCTIP).

The Migrant Workers Protection Society (MWPS) reported it visited unregistered camps and accommodations, including accommodations of irregular “free visa” workers, who often lived in overcrowded apartments with poor safety standards.

The government continued to conduct workers’ rights awareness campaigns. It published pamphlets on foreign resident workers’ rights in several languages, provided manuals on these rights to local diplomatic missions, and operated a telephone hotline for victims.

Violations of wage, overtime, and occupational safety and health standards were common in sectors employing foreign workers, such as construction, automotive repair, and domestic service. Unskilled foreign workers, mostly from South and Southeast Asia, constituted approximately 60 percent of the total workforce. These workers were vulnerable to dangerous or exploitive working conditions. According to NGOs, workplace safety inspection and compliance were substandard.

The labor law does not fully protect domestic workers, and this group was particularly vulnerable to exploitation. Domestic employees must have a contract, but the law does not provide for same rights accorded to other workers, including rest days. In December 2017 the LMRA announced that all newly arrived domestic workers would be required to use new tripartite work contracts. The recruitment agency, the employer, and the employee must agree upon the contents of the new contracts. According to local press reports, the new contracts include daily working hours, weekly day off, and mandatory wage receipts, among other conditions. Activists reported that usage of the forms among employers and recruitment agencies remained low throughout the year.

There were credible reports employers forced many of the country’s 91,000 domestic workers, most of them women, to work 12- to 16-hour days and surrender their identity documents to employers. Employers permitted very little time off, left them malnourished, and subjected them to verbal and physical abuse, including sexual molestation and rape. Reports of employers and recruitment agents beating or sexually abusing foreign women working in domestic positions were common, but the majority of cases involving domestic workers did not reach the Ministry of Labor. The press, embassies, and police received numerous reports of abuse. During the year the MWPS provided female domestic workers with temporary housing and assistance with their cases. Additionally, the NCCTIP provided 87 workers with shelter. The majority of women in these cases sought assistance with unpaid wages and complaints of physical abuse.

According to NGO sources, the construction sector employed more Indians, Bangladeshis, and Pakistanis than other nationalities. Worker deaths generally were due to a combination of inadequate enforcement of standards, violations of standards, inadequate safety procedures, worker ignorance of those procedures, and inadequate safety standards for equipment. While some workers may remove themselves from situations that endanger health or safety without jeopardizing their employment, the level of freedom workers enjoyed directly related to the types of work they performed.

A Ministry of Labor order requires employers to register any labor accommodations provided to employees. The order also mandates minimum housing standards for employer-provided accommodations. Many workers lived in unregistered accommodations that ranged in quality from makeshift accommodations in parking garages, to apartments rented by employers from private owners, to family houses modified to accommodate many persons. Conditions in the many unregistered or irregular worker camps were often poor. Inspectors do not have the right to enter houses or apartment buildings not registered as work camps to inspect conditions.

Barbados

Section 7. Worker Rights

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

In general the government effectively enforced the law in the formal sector. Penalties for violations include fines up to $1,000 Barbados dollars (BBD) ($500), imprisonment up to six months, or both. The penalties were sufficient to deter violations. The law gives persons the right to have instances of alleged unfair dismissals tried before the Employment Rights Tribunal. The process was often subject to lengthy delays. A tripartite group of labor, management, and government representatives met regularly. The group dealt with social and economic issues as they arose, worked to formulate legislative policy, and played a significant role in setting and maintaining harmonious workplace relations.

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

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

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law provides for a minimum working age of 16 years for certain sectors but does not cover sectors such as agriculture. The law prohibits children under age 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law prohibits employing children of compulsory school age (through 16) during school hours. The law also prohibits young persons from working after 6 p.m. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if they have children under 16 who are not in school. Under the Recruiting of Workers Act, children between 14 and 16 could engage in light work with parental consent. The law does not provide a list of occupations constituting light work.

Ministry of Labor inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the law may be fined or imprisoned for up to 12 months. It was unclear whether these penalties were sufficient to deter violations. According to the chief labor inspector, no underage employment cases were filed during the past few years. Although documentation was not available, observers commented that children may have been engaged in the worst forms of child labor, namely drug trafficking and as victims of commercial sexual exploitation (see section 6, Children).

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

The 2017 Employment (Prevention of Discrimination) Act prohibits discrimination on grounds of race, sex, gender, or sexual orientation. The 2013 employment law prohibits discrimination on grounds of known or perceived HIV/AIDS status or on account of disability. Nevertheless, employment discrimination against HIV/AIDS patients persisted. Foreign workers in high-risk sectors, such as domestic service, agriculture, or construction, were sometimes not aware of their rights and protections under the law, and unions expressed concern that domestic workers were occasionally forced to work in unacceptable conditions. Anecdotal information indicated persons with disabilities felt their disabilities were used to discriminate against them and that employers used other reasons not to hire them.

While there is no national minimum wage, there is a minimum wage for “Shop Assistants” of $6.25 BBD ($3.10) per hour. While there is no official poverty income level, the 2017 International Monetary Fund Article IV Consultation Report estimated that 19.3 percent of the population lived in poverty.

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

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

Office environments received additional attention from the Ministry of Labor due to indoor air quality concerns. Trade unions monitored existing safety problems to ensure the enforcement of safety and health regulations and correction by management.

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

Belarus

Section 7. Worker Rights

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

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

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

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

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

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

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

On August 24, a Minsk district court convicted independent Radio and Electronics Trade Union Chairman Genadz Fedynich and Chief Accountant Ihar Komlik for allegedly evading taxes in 2011 and sentenced the two to four years of house arrest. The court also banned the trade unionists from holding any administrative positions for five years. Protesters outside the courthouse were detained while protesting the trial. On November 9, the Minsk city court dismissed their appeal. At the end of the year the verdict was under appeal at a higher court.

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

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

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

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

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

In 2010 the government enforced procedures for placing individuals suffering from chronic alcohol, drug or other substance abuse in so-called medical labor centers when they have been found guilty of committing criminal violations while under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances. Such offenders may be held in these centers by court orders for 12 to 18 months. They are mandated to work and if they refuse, they may be placed in solitary confinement for up to 10 days. In July 2017 the deputy head of the Supreme Court, Valer Kalinkovich, justified operations of the medical labor centers, saying there was no alternative for alcohol addicts who also “violated rights of other people.”

In January the government rescinded a 2015 presidential decree, On Preventing Social Parasitism, which aimed to force individuals to find employment and established a supplemental tax on persons who worked less than six months during the year of up to 360 rubles ($180) annually, depending on how much they paid in taxes when working. The decree would have applied to all permanent residents, with senior pensioners, legal minors, persons with disabilities, and certain other groups exempted.

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

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

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

The government generally enforced these laws and penalties ranging from fines and reprimands to 12 years’ imprisonment; these provisions were sufficient to deter most violations. Child labor occurred in the agricultural sector.

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

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

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

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

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

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

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

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

The Labor Ministry reported 70 persons killed at workplaces from January through June.

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

Bolivia

Section 7. Worker Rights

The law, including related regulations and statutory instruments, provides for the freedom of association, the right to organize and bargain collectively, and the right to strike. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The constitution provides for protection of general and solidarity strikes and for the right of any working individual to join a union.

Workers may form a union in any private company of 20 or more employees, but the law requires that at least 50 percent of the workforce be in favor. The law requires that trade unions register as legal entities and obtain prior government authorization to establish a union and confirm its elected leadership, permits only one union per enterprise, and allows the government to dissolve unions by administrative fiat. The law also requires that members of union executive boards be Bolivian by birth. The labor code prohibits most public employees from forming unions, including the military, police, and public security forces. Some public-sector workers (including teachers, transportation workers, and health-care workers) were legally unionized and actively participated without penalty as members of the Bolivian Workers’ Center, the country’s chief trade union federation. The government enforced applicable laws, but the enforcement process was often slow due to bureaucratic inefficiency.

The National Labor Court handles complaints of antiunion discrimination, but rulings took a year or more to be issued. The court ruled in favor of discharged workers in some cases and required their reinstatement. Union leaders stated problems often were resolved or no longer relevant by the time the court ruled. Government remedies and penalties–including fines and threats of prosecutorial action for businesses that violate labor laws–were often ineffective and insufficient to deter violations for this reason.

The ineffectiveness of labor courts and the lengthy time to resolve cases and complaints limited freedom of association. Moreover, the 20-worker threshold for forming a union proved an onerous restriction, since an estimated 72 percent of enterprises had fewer than 20 employees.

Labor inspectors may attend union meetings and monitor union activities. Collective bargaining and voluntary direct negotiations between employers and workers without government participation was common. Most collective bargaining agreements were restricted to addressing wages.

The law prohibits all forms of forced or compulsory labor, yet they remained serious problems. Labor exploitation, forced labor, and other forms of servitude are punishable with 10 to 15 years’ imprisonment for exploitation of adults, and 15 to 20 years’ imprisonment for exploitation of children.

The government did not effectively enforce the law in all sectors. Ministry of Labor officials were not effective in enforcement efforts or provision of services to victims of forced labor. The ministry held various workshops to educate vulnerable workers of their rights, levied penalties against offending employers, and referred cases of suspected forced labor and human smuggling to the Ministry of Justice for prosecution. Penalties against employers found violating forced labor laws were insufficient to deter violations, in part because they were generally not enforced.

Men, women, and children were victims of forced labor in domestic service, mining, ranching, and agriculture as well as sex trafficking. Indigenous populations were especially vulnerable to forced labor in the agriculture sector.

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

c. Prohibition of Child Labor and Minimum Age for Employment

In February the Constitutional Tribunal declared unconstitutional provisions in the 2014 Child and Adolescent Code that allowed children as young as 10 years old to work. Gaps remained in the code, however, as it permits children ages 12-13 years old to engage in light work but does not specify the conditions or hours in which light work may be undertaken.

Ministry of Labor inspectors are responsible for identifying situations of forced child labor. When inspectors suspect such situations, they refer the cases to the municipal offices of the child and adolescent advocate for further investigation in coordination with the Prosecutor’s Office. The law states that work should not interfere with a child’s right to education and should not be dangerous or unhealthy. Dangerous and unhealthy work includes work in sugarcane and Brazil nut harvesting, mining, brick making, hospital cleaning, selling alcoholic beverages, and working after 10 p.m., among other conditions. The municipal offices of the child and adolescent advocate must answer a request for an underage work permit within 72 hours. The Ministry of Labor is responsible for authorizing work activity for adolescents older than age 14 who work for a third-party employer. Municipal governments, through their respective offices of the child and adolescent advocates, are responsible for enforcing child labor laws, including laws pertaining to the minimum age and maximum hours for child workers, school completion requirements, and health and safety conditions for children in the workplace. The ministry is responsible for identifying such cases through inspections and referring them to the offices of the child and adolescent advocates.

Labor Ministry officials stated inspectors conducted investigations throughout the year. Ministry officials did not have statistics on the number of children they had removed from hazardous situations. The ministry dedicated six inspectors to investigate child labor and report instances of forced labor and trafficking in persons.

Beginning in 2016 the ministry collaborated with the Inter-American Development Bank to implement a program that identifies and employs unemployed parents who have children in the workforce. A ministry official stated that while there were varying reasons why children as young as 10 chose to work, one main reason was because their parents could not find steady employment. This program intended to secure jobs for underemployed parents on the condition that their children stop working. The ministry also provided the parents’ salaries for the first three months to avoid burdening the businesses that provided employment.

The government did not consistently enforce the law in all areas, and child labor remained a serious problem. Government officials admitted instances of child labor violations occurred throughout the country, especially in the mining sector. Officials acknowledged adolescents ages 15-17 were working in the mining sector unregulated, because it was hard for inspectors to detect these individuals in the mines since they conducted inspections only in the formal sector.

The Ministry of Labor received funds to conduct a national survey on child labor in 2016. Although the ministry stated the study was conducted, the results had not been published. Preliminary government estimates indicated 740,000 children were employed, with 60 percent engaged in “familial work,” either in family businesses or alongside their parents, in often hazardous conditions.

Authorities did not provide information on the penalties for violation of child labor laws or the effectiveness of such penalties, nor did courts prosecute individuals for violations of child labor law during the year, although ministry inspectors referred cases for prosecution.

Among the worst forms of child labor were instances of children working in the sugarcane harvest, the Brazil nut harvest, brick production, hospital cleaning, domestic labor, transportation, agriculture, and vending at night. Children were also subjected to commercial sexual exploitation. A 2013 study estimated 3,000 to 4,000 children and adolescents worked in the Brazil nut harvest in Beni Department; indigenous groups confirmed a majority of these children were indigenous. Researchers also found that some children worked in Brazil nut processing factories, including at night.

There was little progress in removing children from mining activities. Media reported that minors younger than age 14 worked in brick manufacturing in the cities of El Alto and Oruro, and their parents sometimes contracted them to customers who needed help transporting the bricks.

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

Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, sex, gender, disability, religion, political opinion, national origin or citizenship, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. The government did not effectively enforce the law in all sectors, and discrimination with respect to employment and occupation occurred. Women in office faced high levels of political violence and harassment. Civil society leaders reported credible instances of employment discrimination against indigenous peoples, women, Afro-Bolivians, persons with disabilities, and members of the LGBTI community. Employers charged with discriminatory practices must offer affected employees restitution, but no cases were reported.

In 2017 UN Women reported that women in the informal sector on average earned 19 percent less than their male counterparts. Women in the informal sector were not protected by formal-sector labor laws, which afford maternity benefits, breast-feeding hours, permission to work fewer hours, and more holidays than their male counterparts. According to UN Women, men in the formal sector earned between 1.5 and four times more than women for the same work. Critics contended these laws encouraged companies to give preference to men in hiring.

The former human rights ombudsman for Santa Cruz Department reported many women were fired due to their pregnancies, in violation of labor law.

The monthly minimum wage was 2,060 bolivianos ($300), greater than the government’s official poverty income level of 733 bolivianos ($107) per month. An estimated 45 percent of the population lived below the poverty line. The law establishes a maximum workweek of 48 hours and limits the workday to eight hours for men. The law also sets a 40-hour workweek for women, prohibits women from working at night, mandates rest periods, and requires premium pay for work beyond a standard workweek. The law stipulates a minimum of 15 days of annual leave. The Ministry of Labor sets occupational health and safety standards and monitors compliance. The law mandates that the standards apply uniformly to all industries and sectors. The government did not effectively enforce the law.

The Ministry of Labor’s Bureau of Occupational Safety has responsibility for the protection of workers’ health and safety, but the relevant standards were poorly enforced. The 97 inspectors were insufficient to provide effective workplace inspection. The law provides for penalties for noncompliance, but enforcement was not effective, and the fines of 1,000 to 10,000 bolivianos ($146 to $1,460) were insufficient to deter violations. A national tripartite committee of business, labor, and government representatives is responsible for monitoring and improving occupational safety and health standards and enforcement. The Ministry of Labor maintained offices for worker inquiries, complaints, and reports of unfair labor practices and unsafe working conditions, but it was unclear if the offices were effective in regulating working conditions.

The law prohibits firing employees for removing themselves from work conditions they deem hazardous and provides for the Ministry of Labor to mandate they be rehired following an inspection.

While the government did not keep official statistics, there were reports workers died due to unsafe conditions, particularly in the mining and construction sectors. Labor experts estimated an average of five individuals who worked in construction in La Paz died each year; most were employed by small businesses. There were no significant government efforts to improve occupational safety and health conditions. Working conditions in cooperative-operated mines remained poor. Miners worked with no scheduled rest for long periods in dangerous, unhealthy conditions.

Workers in informal part-time and hourly jobs did not have labor protections. Many companies and businesses preferred workers hired on an hourly or part-time basis to avoid paying required maternity and pension benefits. According to labor-law experts, the informal sector comprised approximately 65-75 percent of the economy. They claimed labor regulations meant to protect employees actually promoted the large informal sector because the regulations reportedly resulted in employers not hiring full-time employees due to the higher costs they entailed.

NGOs documented the growing role of Chinese companies, which expanded their presence in the mining, hydrocarbon, and infrastructure sectors over the last 10 years. In 2017 the director of CooperAccion, Julia Cuadros, stated a lack of respect for labor laws accompanied this expansion. NGOs noted Chinese companies imported their own workers and typically followed Chinese labor laws, which are less stringent than Bolivian labor laws; the government reportedly permitted flexibility in compliance with the national law.

Cameroon

Section 7. Worker Rights

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes.  This does not apply to groups including defense and national security personnel, prison administration civil servants, and judicial and legal personnel.  The law also prohibits antiunion discrimination and requires the reinstatement of workers fired for union activity.

Statutory limitations and other practices substantially restricted these rights.  The law does not permit the creation of a union that includes both public- and privatesector workers or the creation of a union that includes different, even if closely related, sectors.  The law requires that unions register with the government, permitting groups of no fewer than 20 workers to organize a union by submitting a constitution and by-laws; founding members must also have clean police records.  The law provides for heavy fines for workers who form a union and carry out union activities without registration.  More than 100 trade unions and 12 trade union confederations operated, including one public-sector confederation.  Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister responsible for “supervising public freedoms.”

The constitution and law provide for collective bargaining between workers and management as well as between labor federations and business associations in each sector of the economy.  The law does not apply to the agricultural or informal sectors, which included the majority of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted.  Workers who ignore procedures to conduct a legal strike may be dismissed or fined.  Before striking, workers must seek mediation from the Ministry of Labor and Social Security at the local, regional, and ministerial levels.  Only if mediation fails at all three levels can workers formally issue a strike notice and subsequently strike.  The law allowing persons to strike does not apply to civil servants, employees of the penitentiary system, or workers responsible for national security, including police, gendarmerie, and army personnel.  Instead of strikes, civil servants are required to negotiate grievances directly with the minister of the appropriate department in addition to the Minister of Labor and Social Security.  Arbitration decisions are legally binding but were often unenforceable if one party refused to cooperate.

Employers guilty of antiunion discrimination are subject to fines of up to approximately one million CFA francs ($1,700).

Free Industrial Zones are subject to labor law, except for the following provisions: the employers’ right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers.

The government and employers did not effectively enforce the applicable legislation on freedom of association and the right to collective bargaining.  Penalties for violations were rarely enforced and were ineffective as a deterrent.  Administrative judicial procedures were infrequent and subject to lengthy delays and appeals.  The government and employers often interfered in the functioning of workers’ organizations.  The government occasionally worked with nonrepresentative union leaders to the detriment of elected leaders, while employers frequently used hiring practices such as subcontracting to avoid hiring workers with bargaining rights.  Blacklisting of union members, unfair dismissal, promotion of employer-controlled unions, and threatening workers trying to unionize were common practices.

Collective agreements are binding until after a party has given three months’ notice to terminate.  Workers’ representatives alleged that the minister of labor and social security often negotiated collective agreements with trade unionists who had nothing to do with the sectors concerned and did not involve trade union confederations that prepared the draft agreements.  Following staff representative elections conducted during the year, Syndicat National Libre des Dockers et Activites Connexes du Cameroun (Free National Union of Dockers and Related Activities of Cameroon-SYNALIDOACC) won 14 of the 20 dockers’ delegate seats, thus becoming the majority union at the Douala Sea Port, under the leadership of Voundi Ebale Jean Pierre.  Oumarou Mouansie, the former dockers’ spokesperson, refused to transfer leadership to the new team.  The minister of labor and social security did not involve Voundi in the process leading to the new collective agreement.  Unionized members of the new team alleged they were victims of discrimination by the Douala Autonomous Port (PAD) authorities, especially in terms of job assignments.

For example, the government continued to undermine the leadership of the Confederation Syndicale des Travailleurs du Cameroun (CSTC), one of the 12 trade union confederations elected in 2015, by continuing to cooperate with former leaders of the CSTC.  Jean Marie Zambo Amougou, the former leader, continued to use the title “President of the CSTC” despite a January 2017 court decision ordering him to stop doing so with immediate effect.  Despite the court decision, the minister of labor and social security continued to view Zambo Amougou as the official representative of the CSTC.  The minister reportedly invited him to meetings and sent all CSTC correspondence to Amougou to the detriment of CSTC’s legitimate leader, Andre Moussi Nolla, and other new leaders, and in spite of multiple complaints by the CSTC.  The CSTC tabled the issue before the administrative court in Yaounde early in the year.  During a June 15 hearing session, the administrative tribunal declined jurisdiction to hear and rule on the case.

As in 2017, trade unionists reported on officials prohibiting the establishment of trade unions in the officials’ private businesses, including Fokou, Afrique Construction, Eco-Marche, and Quifferou, or otherwise hindering union operations.  Some companies based in Douala II, IV, and V and in Tiko (Southwest Region), retained 1 percent of unionized workers’ salaries as union dues but refused to transfer the money to trade unions.

As in 2017, many employers frequently used hiring practices such as subcontracting to avoid hiring workers with bargaining rights.  Workers’ representatives stated most major companies, including parastatal companies, engaged in the practice, citing the electricity company Energy of Cameroon, the water company Camerounaise des Eaux, cement manufacturer Cimencam, Guinness, Aluminum Smelter (Alucam), and many others.  Subcontracting was reported to involve all categories of personnel, from the lowest to senior levels.  As a result workers with equal expertise and experience did not always enjoy similar advantages when working for the same business; subcontracted personnel typically lacked a legal basis to file complaints.

A number of strikes were announced during the year.  Some were called off after successful negotiation, some were carried out without problems, while others faced some degree of repression.  Workers’ grievances generally involved poor working conditions, including lack of personal protective equipment, improper implementation of collective agreements, and nonpayment of salary arrears or retirement benefits.  Workers also often complained of illegal termination of contracts, lack of salary increases, and failure of employers to properly register employees and pay the employer’s contribution to the National Social Insurance Fund, which provides health and social security benefits.

In April 2017 the government delegate to the Douala City Council suspended 11 workers’ representatives affiliated with the Wouri Divisional Union of Council Workers following a strike they held that same month.  Employees of the City Council in Douala demanded health insurance for themselves and their immediate relatives.  The government delegate fired the complainants but was overruled by the minister of labor and social security.  The government delegate, however, did not reinstate the employees in their positions.  In February the workers staged a hunger strike requesting their reinstatement and 10 months’ arrears, but the strike failed to bring about a positive outcome.  On September 27, the Littoral Court of Appeals delivered a verdict requesting that the government immediately reinstate and pay the salaries of the 11 workers’ representatives.  The court threatened to impose a fine of 20,000 CFA francs ($34) per day for any delay.  As of midNovember, the 11 workers’ representatives had not been reinstated, nor had they received their salaries following the court’s decision.

Dockers from PAD staged a series of strikes on February 13, June 22, and June 25, after unsuccessful negotiations with authorities.  The dockers first went on strike in May 2017 and reached a poststrike agreement with their employer, the Groupement Professionnel des Acconiers du Cameroun (GPAC), to improve working conditions.  Because their employer did not fulfill promises made, the dockers went on strike again on June 22 and were dispersed with tear gas.  They staged yet another strike on June 25, despite a strong deployment of security forces, to denounce what they referred to as an “advanced state of slavery” imposed by their employer.  Specific grievances included the lack of salary increases, insurance coverage, family allowances, and fair distribution of work, among others.  Anecdotal evidence suggested that a few striking dockers sustained injuries.

The constitution and law prohibit all forms of forced and compulsory labor.  The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent.  Violations of the law are punishable by prison terms of five to 20 years and fines ranging from 10,000 to 10 million CFA francs ($17 to $17,000).  In cases of debt bondage, penalties are doubled if the offender is also the guardian or custodian of the victim.  The law also extends culpability for all crimes to accomplices and corporate entities.  Although the statutory penalties are fairly severe, the government did not enforce the law effectively, due to lack of knowledge of trafficking and limited labor inspection and remediation resources.  In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations, many victims of forced or compulsory labor resorted to accepting amicable settlement.

There continued to be anecdotal reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region.  Many Kirdi, whose ethnic group was heavily of Christian and traditional faiths and who had been enslaved by the Muslim Fulani in the 1800s, continued to work for traditional Fulani rulers for compensation, while their children were free to pursue schooling and work of their choosing.  Kirdi were also required to pay local chiefdom taxes to Fulani, as were all other subjects.  The combination of low wages and high taxes, although legal, effectively constituted forced labor.  While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable options.

In the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitive wages to work on their farms during the harvest seasons.  The NGO Mandela Center documented the case of Mohounga Paul Alias, who resided in a Baka camp, died in December 2017 after he fell from the roof of a Bantu family house in an attempt to escape from captivity.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and sets 14 as the minimum age of employment.  The law prohibits children from working at night or longer than eight hours per day, it and enumerates tasks children younger than 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution.  Employers are required to train children between ages 14 and 18.  Because compulsory education ends at age 12, children who are not in school and not yet 14 are particularly vulnerable to child labor.  In addition laws relating to hazardous work for children younger than age 18 are not comprehensive, since they do not include prohibitions on work underwater or work at dangerous heights.  The government, however, earmarked funds for the Ministry of Labor and Social Security to revise the hazardous work list during the year.  The law provides penalties ranging from fines to imprisonment for those who violate child labor laws.

The Ministry of Social Affairs and the Ministry of Labor and Social Security are responsible for enforcing child labor laws through site inspections of registered businesses.  The government did not effectively enforce the law in all sectors.  Authorities did not allocate sufficient resources to support an effective inspection program.  Fines were not sufficient to deter violations, and court action was often ineffective, but workers’ organizations reported child labor was not a major problem in the formal sector.

The use of child labor, including forced labor, in informal sectors remained rampant.  UNICEF’s 2014 Multiple Indicator Cluster Survey indicated that 47 percent of children ages five to 14 were engaged in labor.  Children working in agriculture frequently were involved in clearing and tilling the soil and harvesting crops, such as bananas and cocoa.  In the service sector, children worked as domestic servants and street vendors.  Children, including refugee children from the Central African Republic, worked at artisanal mining sites under dangerous conditions.  Children were also forced to beg by adults, often by their parents to provide additional income for the household.  According to anecdotal reports, child labor, especially by refugee children, was prevalent in the building construction sector.  Chinese firms based in the country also reportedly used local child labor in the manufacture of children’s shoes.  In March 2017 the government convened a three-day assessment of the 2014-17 Decent Work Country Program and provided training to labor inspectors, including on child labor issues.  During the year the government also increased the number of labor inspectors from 132 to 286, but this number was still insufficient for the size of the workforce.

Parents viewed child labor as both a tradition and a rite of passage.  Relatives often brought rural youth, especially girls, to urban areas to exploit them as domestic helpers under the pretense of allowing them to attend school.  In rural areas many children began work at an early age on family farms.  The cocoa industry and cattle-rearing sector also employed child laborers.  These children originated, for the most part, from the Far North, North, Adamawa, West, and Northwest Regions.

The Ministry of Social Affairs, in collaboration with the Ministry of Territorial Administration and the national police, continued to implement activities to sensitize parents to the negative impact of child labor.  In June authorities in Kribi, in the Ocean Division of the South Region, conducted an operation leading to the identification of at least 21 children, ages six to 13 years, who were selling items on the city’s streets.  Police took the children to the Kribi central police station, where they registered and held the children until they could notify the parents.  Police interrogated the parents, informed them of the risks to which their children were exposed, and warned them they would be prosecuted if the children returned to the streets.  The operation was in line with a decision taken two years earlier by the senior divisional officer for Ocean Division to ban commercial activities by children in his jurisdiction.

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

The law contains no specific provisions against discrimination, but the constitution in its preamble provides that all persons shall have equal rights and obligations and that every person shall have the right and the obligation to work.  Discrimination in employment and occupation allegedly occurred with respect to ethnicity, HIV status, disability, gender, and sexual orientation, especially in the private sector.  Ethnic groups often gave preferential treatment to members of their respective ethnic group members in business and social practices, and persons with disabilities reportedly found it difficult to secure and access employment.  There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions.  The government took no action to eliminate or prevent discrimination and kept no records of incidents.

The minimum wage in all sectors is 36,270 CFA francs ($62) per month, greater than the World Bank’s international poverty line of $1.90 per day.  Premium pay for overtime ranges from 120 to 150 percent of the hourly rate, depending on the amount of overtime and whether it is weekend or late-night overtime.  Despite the minimum wage law, employers often negotiated with workers for lower salaries, in part due to the extremely high rate of underemployment in the country.  Salaries lower than the minimum wage remained prevalent in the public-works sector, where many positions required unskilled labor, as well as in the domestic work sector, where female refugees were particularly vulnerable to unfair labor practices.

The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with a maximum limit of 48 hours per week in agricultural and related activities.  There are exceptions for guards and firefighters (56 hours a week), service-sector staff (45 hours), and household and restaurant staff (54 hours).  The law mandates at least 24 consecutive hours of weekly rest.

The law mandates paid leave at the employer’s expense at the rate of one and onehalf working days for each month of actual service.  For persons younger than age 18, leave accrues at the rate of two and one-half days per month of service.  A maximum of 10 days per year of paid special leave, not deductible from annual leave, is granted to workers on the occasion of immediate family events.  For mothers, leave is generally increased by two working days for each child in the household younger than age six.

The government sets health and safety standards in the workplace.  The minister in charge of labor issues establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety.  These regulations were not enforced in the informal sector.  The labor code also mandates that every enterprise and establishment of any kind provide medical and health services for its employees.  This stipulation was not enforced.  By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.  Representatives for dockers claimed that, in the event of an accident at work, the employer allows treatment for two months and fires the victim if he or she does not recover.

The Ministry of Labor and Social Security is responsible for national enforcement of the minimum wage and workhour standards, but it did not enforce the law.  Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program.  Penalties were insufficient to deter violations.  Although there were ministries tasked with upholding the labor laws, resources were inadequate to support their mission.  For example, the city of Douala, which has six subdivisions, hundreds of companies, and thousands of employees, had only one labor inspectorate, which was generally poorly staffed.

Costa Rica

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government respected these rights. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Unions must register, and the law provides a deadline of 15 days for authorities to reply to a registration request. Restrictions on the minimum number of employees (12) needed to form a union may have hampered freedom of association in small enterprises. The law permits foreign workers to join unions but prohibits them from holding positions of authority within the unions, except for foreign workers who are married to citizens of the country and have legally resided in the country for at least five years.

The labor code stipulates that at least 50 percent of the workers in an enterprise must vote to support a strike. The law, however, adds that, if there is no union at the enterprise or if the union lacks the support of 50 percent of the workforce, a strike can still be initiated if 35 percent of the workers call for a vote, under a secret ballot. The law restricts the right to strike for workers in services designated as essential by the government, including in sectors such as oil refineries and ports that are not recognized as essential services under international standards.

The law also permits two other types of worker organizations unique to the country: “solidarity associations,” legal entities recognized by the constitution that have both management and employee membership and serve primarily to administer funds for severance payments; and “permanent committees,” enterprise-level bodies made up of three workers elected to negotiate “direct agreements” with employers. Both entities may coexist and share membership with labor unions. The law also requires that permanent committee members be elected freely by secret ballot without intervention of the employer.

The law requires employers to initiate the bargaining process with a trade union if more than one-third of the total workforce, including union and nonunion members, requests collective bargaining, but the law also permits direct bargaining agreements with nonunionized workers. The law prohibits solidarity associations from representing workers in collective bargaining negotiations or in any other way that assumes the functions or inhibits the formation of trade unions. Although public-sector employees are permitted to bargain collectively, the Supreme Court held that some fringe benefits received by certain public employees were disproportionate and unreasonable, and it repealed sections of collective bargaining agreements between public-sector unions and government agencies, thus restricting this right in practice.

The government generally enforced applicable laws, although procedures were subject to lengthy delays and appeals. While the law does establish sanctions (fines and fees) for infractions, only the judiciary has the authority to apply such sanctions. The amount of fines and fees is determined by the severity of the infraction and is based on the minimum wage. Penalties were not sufficient to deter violations, in light of the lengthy process to resolve cases. To reduce delays, a 2017 reform to the labor code replaces written procedures with oral hearings, requires labor claims to be processed within two years, and sets up a special summary procedure for discrimination claims. The reformed labor code also strengthens protections for labor union members, including protections against discrimination based on labor affiliation and special protections via special expedited proceedings. In 2017 the government also approved three regulations related to the labor code on labor dispute resolution, union workers voting to authorize strikes, and determining union membership to bargain collectively. The Labor Inspection Office implemented related actions to the labor code during the first six months of the year, including a new organizational structure, training for staff, and systematization of processes.

Labor unions reported that improved protections for union organizing during the first year of the reformed labor code facilitated recruitment of members in the private sector. The new expedited labor courts forced private-sector employers to reinstate workers who had been dismissed for joining unions.

Freedom of association and collective bargaining were generally respected. Labor unions asserted that solidarity associations set up and controlled permanent committees at many workplaces, which in turn conducted negotiations and established direct agreements. Labor unions also asserted that employers sometimes required membership in a solidarity association as a condition for employment. To the extent that solidarity associations and permanent committees displaced trade unions, they affected the independence of workers’ organizations from employers’ influence and infringed on the right to organize and bargain collectively. In recent years the ILO reported an expansion of direct agreements between employers and nonunionized workers and noted its concern that the number of collective bargaining agreements in the private sector continued to be low when compared with a high number of direct agreements with nonunionized workers.

In some instances, employers fired employees who attempted to unionize. The Ministry of Labor reported one case of firing a labor leader and three complaints of antiunion discrimination from January to July. There were reports some employers also preferred to use “flexible,” or short-term, contracts, making it difficult for workers to organize and collectively bargain. Migrant workers in agriculture frequently were hired on short-term contracts (five months) through intermediaries, faced antiunion discrimination and challenges in organizing, and were often more vulnerable to labor exploitation.

The ILO noted no trade unions operated in the country’s export-processing zones and identified the zones as a hostile environment for organizing. Labor unions asserted that efforts by workers in export-processing zones to organize were met with illegal employment termination, threats, and intimidation and that some employers maintained blacklists of workers identified as activists.

The law prohibits forced or compulsory labor. The law establishes criminal penalties for trafficking in persons crimes, including forced or compulsory labor with sentences of between six and 10 years in prison. The penalty increases to between eight and 16 years if the crime involves aggravating circumstances. These penalties are proportional to the severity of the crimes and were sufficient to deter violations. On May 8, the government adopted amendments to Articles 172 and 189 (bis) of the criminal code to align the law’s definition of trafficking more closely with international law by removing the requirement of movement. In 2017 the Attorney General’s Office made two accusations of trafficking for forced labor exploitation and reported two convictions for labor exploitation.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The child and adolescence code prohibits labor of all children under the age of 15 without exceptions, including the worst forms of child labor; it supersedes the minimum working age of 12 established in the labor code. Adolescents between the ages of 15 and 18 may work a maximum of six hours daily and 36 hours weekly. The law prohibits night work and overtime for minors. The law prohibits children under the age of 18 from engaging in hazardous or unhealthy activities and specifies a list of hazardous occupations. The government generally enforced child labor laws effectively in the formal sector but not in the informal sector.

Child labor occurred primarily in the informal economy, especially in the agricultural, commercial, and industrial sectors. The worst forms of child labor occurred in agriculture on small third-party farms in the formal sector and on family farms in the informal sector. Forced child labor reportedly occurred in some service sectors, such as construction, fishing, street vending, and domestic service, and some children were subject to commercial sexual exploitation (see section 6, Children).

While the Ministry of Labor is responsible for enforcing and taking administrative actions against possible violations of, or lack of compliance with, child labor laws, the Prosecutor’s Office intervenes in cases regarding the worst forms of child labor. As with other labor laws, the authority to sanction employers for infractions lies solely with the judiciary, and the law requires labor inspectors to initiate legal cases with the judiciary after exhausting the administrative process. The amount of fines and fees is determined by the severity of the infraction and is based on an equation derived from the minimum wage. Penalties were generally sufficient to deter violations.

The government continued to implement programming to eliminate illegal child labor and the worst forms of child labor by providing individual assistance through visits, interviews, and inspections to schools and workplaces. In 2017 the Labor Ministry provided protection to 434 working minors referred by different departments within the Labor Ministry and other government agencies. Of these 434 cases, 313 received a scholarship through an agreement between the Labor Ministry and the Welfare Institute, intended to help students stay or return to school. During the first six months of the year, the Labor Ministry reported 25 minors working in dangerous activities–17 in agriculture and eight working more than six hours a day. The ministry removed the minors from their jobs and gave them a study allowance to return to school.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor and List of Goods Produced by Child Labor or Forced Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

The laws and regulations prohibit discrimination regarding race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation and/or gender identity, age, language, HIV-positive status, or other communicable diseases status. The labor code prohibits discrimination based on age, ethnicity, gender, religion, race, sexual orientation, civil status, political opinion, nationality, social status, affiliation, disability, labor union membership, or economic situation. The government effectively enforced these laws and regulations, and penalties were sufficient to deter violations. The Labor Ministry reported 13 cases of discrimination from January to June. The ministry implemented a gender-equality perspective into labor inspections to identify areas of vulnerability. The Labor Ministry detected 23 infractions during the first six months of the year.

Discrimination in employment and occupation occurred with respect to persons with disabilities and the LGBTI population. Discrimination against migrant workers occurred, and there were reports of instances of employers using threats of deportation to withhold their wages.

The wage council of the Ministry of Labor sets the minimum wage scale for the public and private sectors twice a year. Monthly minimum wages for the private sector ranged from 183,939 colones ($322) for domestic workers to 644,689 colones ($1,130) for university graduates since January 1. According to INEC, in 2016 the poverty line was 107,769 colones ($189) in urban areas and 82,950 colones ($145) in rural areas. The national minimum wage applied to both Costa Rican and migrant workers. The law sets workday hours, overtime remuneration, days of rest, and annual vacation rights. Workers generally may work a maximum of eight hours a day or 48 hours weekly. Workers are entitled to one day of rest after six consecutive days of work, except in the agricultural sector, and annual paid vacations. The law provides that workers be paid for overtime work at a rate 50 percent above their stipulated wage or salary. Although there is no statutory prohibition against compulsory overtime, the labor code stipulates the workday may not exceed 12 hours, except in the agricultural sector when there is “imminent risk of harm…to the harvest” when work cannot be suspended and workers cannot be substituted.

The government maintains a dedicated authority to enforce occupational safety and health (OSH) standards. The OSH standards are appropriate for the main industries in the country, per the National Council of Occupational Safety and Health. The Labor Ministry’s National Council of Occupational Health and Safety is a tripartite OSH regulatory authority with government, employer, and employee representation. According to labor organizations, the government did not enforce these standards effectively in either the formal or the informal sectors.

Workers can remove themselves from situations that endanger health or safety without jeopardizing their employment. According to the Labor Ministry, this is a responsibility shared by the employer and employee. The law assigns responsibility to the employer, including granting OSH officers access to workplaces, but it also authorizes workers to seek assistance from appropriate authorities (OSH or labor inspectors) for noncompliance with OSH workplace standards, including risks at work.

The Ministry of Labor’s Inspection Directorate (DNI) is responsible for labor inspection, in collaboration with the Social Security Agency and the National Insurance Institute. The DNI employed labor inspectors who investigated all types of labor violations. The number of labor inspectors, 87, was likely insufficient for the size of the workforce, which included more than two million workers. According to the ILO’s technical advice of a ratio approaching one inspector for every 15,000 workers in industrializing economies, the country should employ approximately 150 inspectors. According to the Ministry of Labor, inspections occurred both in response to complaints and at the initiative of inspectors. The DNI stated it could visit any employer, formal or informal, and inspections were always unannounced.

The Labor Ministry generally addressed complaints by sending inspection teams to investigate and coordinate with each other on follow-up actions. As with other labor laws, inspectors cannot fine or sanction employers who do not comply with laws on acceptable conditions of work; rather, they investigate and refer noncompliance results to labor courts. The process of fining companies or compelling employers to pay back wages or overtime has traditionally been subject to lengthy delays.

The Ministry of Labor generally enforced minimum wages effectively in the San Jose area but less effectively in rural areas, particularly where large numbers of migrants were employed, and in the large informal sector, which comprised 44 percent of employment as of August. The ministry publicly recognized that many workers, including in the formal sector, received less than the minimum wage.

According to INEC, 44 percent of the economically active population in the nonagricultural sector was in the informal economy. The Ministry of Labor, through the National Program in Support of the Microenterprise, provided technical assistance and access to credit for informal microentrepreneurs to improve productive and labor conditions in the informal economy.

Observers expressed concern about exploitative working conditions in fisheries, small businesses, and agricultural activities. Unions also reported systematic violations of labor rights and provisions concerning working conditions, overtime, and wages in the export-processing zones. Labor unions reported overtime pay violations, such as nonpayment of wages and mandatory overtime, were common in the private sector and particularly in export-processing zones and agriculture. There were reports that agricultural workers, particularly migrant laborers in the pineapple industry, worked in unsafe conditions, including exposure to hazardous chemicals without proper training. Early in the year, workers from a private pineapple-producing company organized a labor strike urging their employer to comply with basic labor laws, including paying minimum wage and recognizing their right to unionize.

Cote d’Ivoire

Section 7. Worker Rights

The law, including related regulations and statutory instruments, provides for the right of workers, except members of police and military services, to form or join unions of their choice, provides for the right to conduct legal strikes and bargain collectively, and prohibits antiunion discrimination by employers or others against union members or organizers. The law prohibits firing workers for union activities and provides for the reinstatement of dismissed workers within eight days of receiving a wrongful dismissal claim. The law allows unions in the formal sector to conduct their activities without interference. Worker organizations were independent of the government and political parties. Nevertheless, according to the International Trade Union Confederation, the law does not have any objective criteria to establish recognition of representative trade unions, which could allow public and private employers to refuse to negotiate with unions on the grounds they were not representative. Foreigners are required to obtain residency status, which takes three years, before they may hold union office.

The law requires a protracted series of negotiations and a six-day notification period before a strike may take place, making legal strikes difficult to organize and maintain. Workers must maintain a minimum coverage in services whose interruption may endanger the lives, security, or health of persons; create a national crisis that threatens the lives of the population; or affect the operation of equipment. Additionally, if authorities deem a strike to be a threat to public order, the president has broad powers to compel strikers to return to work under threat of sanctions. The president also may require that strikes in essential services go to arbitration, although the law does not describe what constitutes essential services.

Apart from large industrial farms and some trades, legal protections excluded most laborers in the informal sector, including small farms, roadside street stalls, and urban workshops.

Before collective bargaining can begin, a union must represent 30 percent of workers. Collective bargaining agreements apply to employees in the formal sector, and many major businesses and civil-service sectors had them. Although the labor code may allow employers to refuse to negotiate, there were no such complaints from unions pending with the Ministry of Employment and Social Protection.

University and primary school teachers went on strike throughout the year. There were no instances of strikebreaking reported during the year.

The government did not effectively enforce the law. Human rights organizations reported numerous complaints against employers, such as improper dismissals, uncertain contracts, failure to pay the minimum wage, and the failure to pay employee salaries. The failure to enroll workers in the country’s social security program and pay into it the amount the employer has deducted from the worker’s salary was also a problem. In the mining sector human rights organizations reported violations relative to compensation, experienced by nonlocal laborers who were illiterate or not familiar with the law. Inadequate resources and inspections impeded the government’s efforts to enforce applicable laws in the formal sector. Penalties for violations were insufficient to deter violations. Administrative judicial procedures were subject to lengthy delays and appeals.

There were no complaints pending with the Ministry of Employment and Social Protection of antiunion discrimination or employer interference in union functions during the year. In November, however, the government suspended the salaries of striking health workers for the month they were on strike.

The constitution explicitly prohibits human trafficking, child labor, and forced labor. In 2016 the government enacted legislation that criminalizes all forms of human trafficking, including for the purpose of forced labor or slavery, while a 2010 law criminalizes the worst forms of child labor.

Despite significant efforts against child labor in cocoa cultivation, the government did not effectively enforce the law in all sectors. Resources, inspections, and remediation were insufficient to deter violations. Forced and compulsory labor continued to occur in small-scale and commercial production of agricultural products, particularly on cocoa, coffee, pineapple, cashew, and rubber plantations, and in the informal labor sector, such as domestic work, nonindustrial farm labor, artisanal mines, street shops, and restaurants. Forced labor on cocoa, coffee, and pineapple plantations was limited to children (see section 7.c.). There were reports of non-Ivoirian women being held in conditions of forced labor for prostitution.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The 2015 labor code raised the minimum age for employment from 14 to 16 years old, although the minimum age for apprenticeships (14 years old) and hazardous work (18 years old) remained the same; minors younger than age 18 may not work at night. Although the law prohibits the exploitation of children in the workplace, the Ministry of Employment and Social Protection enforced the law effectively only in the civil service and large multinational companies.

The National Monitoring Committee on Actions to Fight Trafficking, Exploitation, and Child Labor (NMC), chaired by First Lady Dominique Ouattara, and the Interministerial Committee are responsible for assessing government and donor actions on child labor.

The law prohibits child trafficking and the worst forms of child labor. Although lack of resources and inadequate training continued to hinder enforcement of child labor laws, the government took active steps to address the worst forms of child labor. The government worked on implementing its 2015-17 National Action Plan against Trafficking, Exploitation, and Child Labor and strengthened its national child labor monitoring system. The national child labor monitoring system–known as SOSTECI–received a budget of 200 million CFA francs in 2017 ($360,000), which facilitated expansion of the system to 19 new communities. This program was launched in 2013 as a pilot in several departments to enable communities to collect and analyze statistical data on the worst forms of child labor and to monitor, report, and coordinate services for children involved in or at risk of child labor. Beginning in 2014 the government implemented stricter regulations on the travel of minors to and from the country, requiring children and parents to provide documentation of family ties, including at least a birth certificate. In late 2016 basic education became compulsory for children six to 16, increasing school attendance rates and diminishing the supply of children looking for work.

The Department of the Fight against Child Labor within the Ministry of Employment and Social Protection, NMC, and Interministerial Committee led enforcement efforts. The 2015-17 national action plan had a budget of 9.6 billion CFA francs ($17.3 million), with the government budgeting 50.5 million CFA francs ($91,000) in 2017. The plan calls for efforts to improve access to education, health care, and income-generating activities for children, as well as nationwide surveys, awareness campaigns, and other projects with local NGOs to highlight the dangers associated with child labor. First Lady Ouattara made the elimination of child labor a centerpiece of her efforts and continued to be actively involved, including by opening a shelter in June for child victims of trafficking and forced labor in the central-west region of the country. In October 2017 the first lady hosted a conference that brought together first ladies from 14 African nations to pledge support to their governments’ efforts to mitigate child labor, support victims, enhance regional cooperation, and mobilize resources.

The government engaged in partnerships with the International Labor Organization, UNICEF, and International Cocoa Initiative to reduce child labor on cocoa farms.

The list of light work authorized for children ages 13 to 16 introduces and defines the concept of “socializing work,” unpaid work that teaches children to be productive members of the society. In addition the list states that a child cannot perform any work before 7 a.m. or after 7 p.m. or during regular school hours, that light work should not exceed 14 hours a week, and that it should not involve more than two hours on a school day or more than four hours a day during vacation.

The government did not effectively enforce the law. Child labor remained a problem, particularly in gold and diamond mines, agricultural plantations, and domestic work. Within agriculture, worst forms of child labor were particularly prevalent in the cacao and coffee sectors. Inspections during the year did not result in investigations into child labor crimes. Penalties were seldom applied and were not a deterrent to violations. The number of inspectors and resources for enforcement were insufficient to enforce the law.

Children routinely worked on family farms or as vendors, shoe shiners, errand runners, domestic helpers, street restaurant vendors, and car watchers and washers. Some girls as young as nine years old reportedly worked as domestic servants, often within their extended family networks. While the overall prevalence of child labor decreased, children in rural areas continued to work on farms under hazardous conditions, including risk of injury from machetes, physical strain from carrying heavy loads, and exposure to harmful chemicals. According to international organizations, child labor was noticed increasingly on cashew plantations and in illegal gold mines, although no studies had been conducted. In 2016 UNICEF and the government undertook the Multiple Indicator Cluster (MICS) survey with a section on child labor. According to UNICEF, the child labor prevalence of 31.3 percent reported in the MICS 2016 referred to an expanded age group of children between five and 17 years old and included economic activities, household chores, and hazardous working conditions, which represented 21.5 percent.

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

The constitution provides for equal access to public or private employment and prohibits any discrimination in access to or in the pursuit of employment on the basis of sex, ethnicity, or political, religious, or philosophical opinions.

The law does not address discrimination based on sexual orientation or gender identity, color, or language. A 2014 law specifically prohibits workplace discrimination based on HIV/AIDS status but does not address other communicable diseases. The labor code passed in 2015 includes provisions to promote access to employment for persons with disabilities. It stipulates that employers must reserve a quota of jobs for qualified applicants. The law does not provide for penalties for employment discrimination.

The government did not always effectively enforce the law. Discrimination with respect to gender, nationality, persons with disabilities, and LGBTI persons remained a problem. While women in the formal sector received the same pay and paid the same taxes as men, some employers resisted hiring women. In early March the government updated its labor laws to prevent women from doing certain jobs deemed “work that exceeds the ability and physical capacity of women, or work that presents dangers which are likely to undermine their morality, for example, working underground or in the mines.” The government indicated that if a woman wanted to carry out any of the work on the “prohibited list,” she needed to contact an inspector at the Ministry of Labor.

While the law provides the same protections for migrant workers in the formal sector as it does for citizens, most faced discrimination in terms of wages and treatment.

The minimum wage for all professions other than the agricultural sector was 60,000 CFA francs per month ($110). The agricultural minimum wage was 25,000 CFA francs ($45) per month. The official estimate for the poverty income level was between 500 and 700 CFA francs ($0.90 and $1.25) per day. The Ministry of Employment and Social Protection is responsible for enforcing the minimum wage. Labor unions contributed to effective implementation of the minimum salary requirements in the formal sector. Approximately 85 percent of the total labor force was in the informal economy, to which labor law applies. Labor federations attempted to fight for just treatment under the law for workers when companies failed to meet minimum salary requirements or discriminated between classes of workers, such as women or local versus foreign workers. The government started paying back wages based on a 2017 labor agreement reached with public-sector unions.

The law does not stipulate equal pay for equal work. There were no reports the government took action to rectify the large salary discrepancies between foreign non-African employees and their African colleagues employed by the same companies.

The standard legal workweek is 40 hours. The law requires overtime pay for additional hours and provides for at least one 24-hour rest period per week. The law does not prohibit compulsory overtime.

The law establishes occupational safety and health standards in the formal sector, while the informal sector lacks regulation. The law provides for the establishment of a committee of occupational, safety, and health representatives responsible for verifying protection and worker health at workplaces. Such committees are to be composed of union members. The chair of the committee could report unhealthy and unsafe working conditions to the labor inspector without penalty. By law workers in the formal sector have the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment. They may utilize the inspection system of the Ministry of Employment and Social Protection to document dangerous working conditions. Authorities effectively protected employees in this situation. These standards do not apply in the informal sector. The law does not cover several million foreign migrant workers or workers in the informal sector, who accounted for 70 percent of the nonagricultural economy.

The government enforced the law only for salaried workers employed by the government or registered with the social security office. Penalties were insufficient to deter violations. The Ministry of Employment and Social Protection estimated the number of labor inspectors insufficient to enforce the law effectively. Labor inspectors reportedly accepted bribes to ignore violations. While the law requires businesses to provide medical services for their employees, small firms, businesses in the informal sector, households employing domestic staff, and farms (particularly during the seasonal harvests) did not comply. Excessive hours of work were common, and employers rarely recorded and seldom paid overtime hours in accordance with the law. In particular, employees in the informal manufacturing sector often worked without adequate protective gear. There were no reports of major accidents during the year.

Dominican Republic

Section 7. Worker Rights

The law provides for the right of workers, with the exception of military and police, to form and join independent unions, conduct legal strikes, and bargain collectively; however, it places several restrictions on these rights. For example, a requirement considered excessive by the ILO restricts trade union rights by requiring unions to represent 51 percent of the workers in an enterprise to bargain collectively. In addition, the law prohibits strikes until mandatory mediation requirements have been met. Formal requirements for a strike to be legal also include the support of an absolute majority of all company workers for the strike, written notification to the Ministry of Labor, and a 10-day waiting period following notification before proceeding with the strike. Government workers and essential public service personnel may not strike. The government considers essential public service personnel those workers in the fields of communications, water and energy supply, hospitals and pharmacies, as well as all other workers from similar industries.

The law prohibits antiunion discrimination and forbids employers from dismissing an employee for participating in union activities, including being part of a committee seeking to form a union. Although the law requires the Ministry of Labor to register unions for them to be legal, it provides for automatic recognition of a union if the ministry does not act on an application within 30 days. The law allows unions to conduct their activities without government interference. Public-sector workers may form associations registered through the Office of Public Administration. The law requires that 40 percent of employees of a government entity agree to join a union for it to be formed. According to the Ministry of Labor, the law applies to all workers, including foreign workers, those working as domestic workers, workers without legal documentation, and workers in the free-trade zones (FTZs).

The government and private sector inconsistently enforced laws related to freedom of association and collective bargaining. Labor inspectors did not consistently investigate allegations of violations of freedom of association and collective bargaining rights. Workers in the sugar sector, for example, reported that labor inspectors did not ask them or their supervisors about freedom to associate, right to organize, union membership or activity, or collective bargaining, although workers had separately reported some instances of employers threatening them with firing or loss of housing if they met with coworkers.

Penalties under law for labor practices contrary to freedom of association range from seven to 12 times the minimum wage and may increase by 50 percent if the employer repeats the act. Noncompliance with a collective bargaining agreement is punishable with a fine. Such fines were insufficient to deter employers from violating worker rights and were rarely enforced. Additionally the process for dealing with disputes through labor courts was often long, with cases pending for several years. NGOs and labor federations reported companies took advantage of the slow and ineffective legal system to appeal cases, which left workers without labor rights protection in the interim.

There were reports of intimidation, threats, and blackmail by employers to prevent union activity. Some unions required members to provide legal documentation to participate in the union, despite the fact that the labor code protects all workers within the territory regardless of their legal status.

Labor NGOs reported the majority of companies resisted collective negotiating practices and union activities. Companies reportedly fired workers for union activity and blacklisted trade unionists, among other antiunion practices. Workers frequently had to sign documents pledging to abstain from participating in union activities. Companies also created and supported “yellow” or company-backed unions to counter free and democratic unions. Formal strikes occurred but were not common.

In early April autonomous trading unions protested against an international company, claiming violations of labor and freedom of association rights. The unions alleged the company had put pressure on them, dismissed workers unjustifiably, and offered money to the union leaders to leave their posts. At the end of the month, the international company released a statement denying the allegations.

Companies used short-term contracts and subcontracting, which made union organizing and collective bargaining more difficult. Few companies had collective bargaining pacts, partly because companies created obstacles to union formation and could afford to go through lengthy judicial processes that nascent unions could not afford.

Unions in the FTZs, which are subject to the same labor laws as all other workers, reported that their members hesitated to discuss union activity at work due to fear of losing their jobs. Unions accused some FTZ companies of discharging workers who attempted to organize unions.

The law applies equally to migrant workers, but NGOs reported that many irregular Haitian laborers and Dominicans of Haitian descent in construction and agricultural industries did not exercise their rights due to fear of being fired or deported. The 2017 survey by the National Statistics Office and UN Population Fund found that of the 334,092 Haitians age 10 or older living in the country, 67 percent were working in the formal and informal sectors of the economy. Multiple labor unions represented Haitians working in the formal sector; however, these unions were not influential.

The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment with fines for persons convicted of forced labor. Such penalties were sufficiently stringent to deter abuses.

The government reported it received no forced labor complaints during the year.

Haitian workers’ lack of documentation and legal status in the country made them vulnerable to forced labor. Dozens of sugarcane workers protested in front of the Haitian embassy in Santo Domingo early in September to demand documentation from their government. Although specific data on the problem were limited, Haitian nationals reportedly experienced forced labor in the service, construction, and agricultural sectors. Many of the 240,000 mostly Haitian irregular migrants who received temporary (one- or two-year) residency through the Regularization Plan for Foreigners worked in these sectors. In 2015 and 2016, the government created the regulatory framework to include documented migrants in the national social security network, including disability, health-care, and retirement benefits. As of November the government had enrolled 28,500 migrants in the social security network; more than 90 percent had registered under the regularization plan.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than age 14 and places restrictions on the employment of children younger than age 16, limiting their working hours to six hours per day. For persons younger than age 18, the law limits night work and prohibits employment in dangerous work, such as work involving hazardous substances, heavy or dangerous machinery, and carrying heavy loads. The law also prohibits minors from selling alcohol, certain work in the hotel industry, handling cadavers, and various tasks involved in the production of sugarcane, such as planting, cutting, carrying, and lifting sugarcane, or handling the bagasse. Firms employing underage children are subject to fines and legal sanctions.

The Ministry of Labor, in coordination with the National Council for Children and Adolescents, is responsible for enforcing child labor laws. Gaps, including limited human and financial resources for the enforcement of child labor laws and inadequate assistance for victims of commercial sexual exploitation and harmful agricultural work, existed within the ministry that could hinder adequate enforcement of its child labor laws. While the ministry and the council generally effectively enforced regulations in the formal sector, child labor in the informal sector was a problem. The law provides penalties for child labor violations, including fines and prison sentences.

A National Steering Committee against Child Labor plan to eliminate the worst forms of child labor established objectives, identified priorities, and assigned responsibilities to combat exploitative child labor. Several government programs focused on preventing child labor in coffee, tomato, and rice production; street vending; domestic labor; and commercial sexual exploitation.

The government continued to implement a project with the ILO to remove 100,000 children and adolescents from exploitative labor as part of its Roadmap towards the Elimination of Child Labor. The roadmap aimed to eliminate the worst forms of child labor in the country and all other types of child labor by 2020.

Child labor occurred primarily in the informal economy, small businesses, private households, and the agricultural sector. Children often accompanied their parents to work in agricultural fields. The commercial sexual exploitation of children remained a problem, especially in popular tourist destinations and urban areas. Forced child labor was mainly present in domestic work, agriculture, construction, street vending and begging, each sometimes as a result of human trafficking (see section 6, Children).

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

The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation.

The government did not effectively enforce the law against discrimination in employment. Discrimination in employment and occupation occurred with respect to LGBTI persons, especially transgender persons; against HIV/AIDS-positive persons; and against persons with disabilities, persons of darker skin color, and women (see section 6). For example, the ILO noted its concern regarding sexual harassment in the workplace and urged the government to take specific steps to address existing social and cultural stereotypes contributing to discrimination. Discrimination against Haitian migrant workers and Dominicans of Haitian descent occurred across sectors. Haitians earned, on average, 60 percent of the amount a Dominican worker received in wages. Many Haitian irregular migrants did not have full access to benefits, including social security and health care (see sections 7.b. and 7.e.).

The law provides for a minimum wage, the amount of which depends on the size of the enterprise or type of labor. In 2016 the Ministry of Economy, Planning, and Development calculated the official poverty line at 4,644 pesos ($93) per household per month. As of November the minimum wage for all sectors was above the 2016 official poverty line. The ministry estimated that 30.5 percent of the population, approximately 3.2 million persons, were living in poverty. In 2015 the Juan Bosch Foundation released a study that reported 63 percent of workers did not receive an income sufficient to pay for the lowest-cost family budget, and only 3.4 percent received a salary adequate to provide for a family of four. The report stated that 80 percent of workers earned less than 20,000 pesos ($400) per month.

The law establishes a standard workweek of 44 hours, not to exceed eight hours per day on weekdays, and four hours on Saturdays before noon. While agricultural workers are exempt from this limit, in no case may the workday exceed 10 hours. The law stipulates all workers be entitled to 36 hours of uninterrupted rest each week. Although the law provides for paid annual holidays and premium pay for overtime, enforcement was ineffective. The law prohibits excessive or compulsory overtime and states that employees may work a maximum of 80 hours of overtime during three months. The labor code covers domestic workers but does not provide for notice or severance payments. Domestic workers are entitled to two weeks’ paid vacation after one year of continuous work as well as a Christmas bonus equal to one month’s wage. The labor code also covers workers in the FTZs, but they are not entitled to bonus payments.

The law applied to the informal sector, but it was seldom enforced. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets workplace safety and health regulations. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they could not do so without reprisal.

Authorities did not always enforce minimum wage, hours of work, and workplace health and safety standards. Penalties for these violations range between three and six times the minimum wage. Both the Social Security Institute and the Ministry of Labor had a small corps of inspectors charged with enforcing labor standards, but it was insufficient to deter violations. In September the NHRC and trade unions reported abusive practices by call centers, including inhuman working conditions, paying workers for fewer hours than worked, underpayment of social security taxes, interference with union organizing, and failure to meet international labor standards.

Mandatory overtime was a common practice in factories, enforced through loss of pay or employment for those who refused. The Dominican Federation of Free Trade Zone Workers reported that some companies set up “four-by-four” work schedules, under which employees worked 12-hour shifts for four days. In some cases employees working the four-by-four schedules were not paid overtime for hours worked in excess of maximum work hours allowed under the law. Some companies paid biweekly salaries every eight days with the four-by-four schedules instead of weekly salaries with a standard 44-hour schedule every seven days. These practices resulted in underpayment of wages for workers, since they were not compensated for the extra hours worked.

Conditions for agricultural workers were poor. Many workers worked long hours, often 12 hours per day and seven days per week, and suffered from hazardous working conditions, including exposure to pesticides, long periods in the sun, limited access to potable water, and sharp and heavy tools. Some workers reported they were not paid the legally mandated minimum wage.

Companies did not regularly adhere to workplace safety and health regulations. For example, the National Confederation of Trade Unions Unity reported unsafe and inadequate health and safety conditions, including lack of appropriate work attire and safety gear; vehicles without airbags, first aid kits, properly functioning windows, or air conditioning; inadequate ventilation in workspaces; an insufficient number of bathrooms; and unsafe eating areas.

Accidents caused injury and death to workers, but information on the number of accidents was unavailable.

Ecuador

Section 7. Worker Rights

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

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

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

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

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

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

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

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

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

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Egypt

Section 7. Worker Rights

The law provides for the rights of workers to form and join independent unions, bargain collectively, and strike, with significant restrictions. The constitution provides for freedom of association. In December 2017 authorities passed a law regulating labor unions. The law does not recognize independent trade unions and proscribes a strict hierarchy for union formation consisting of a company-level trade union committee, a profession- or industry-level general union, and a national-level federation. It also stipulates a minimum of 20,000 members needed to form a general trade union and 200,000 to form a national-level trade federation. In March the government issued executive regulations of the trade unions law that affirmed the right of unions to form, join, or withdraw from higher-level unions. It also affirmed the legal status and financial independence that allowed them to make administrative and financial decisions independent of national-level unions.

In May the government held trade union elections; however, the executive regulations stipulated a period of only three months for trade unions to legalize their status and provided only one month to hold the elections. These deadlines restricted the ability of unions to campaign effectively, according to labor activists.

The elections produced little change in trade union leadership. Independent trade union leaders claimed that the Ministry of Manpower excluded them from the trade union election by rejecting applications to campaign in the elections and failing to respond to appeals as allowed by law. There were reports the Ministry of Manpower refused to allow independent union candidates or their representatives to monitor the voting or tabulation process.

While the law provides for collective bargaining, it imposes significant restrictions. For example, the government sets wages and benefits for all public-sector employees. The law does not provide for enterprise-level collective bargaining in the private sector and requires centralized tripartite negotiations that include workers, represented by a union affiliated with the Egyptian Trade Union Federation (ETUF); business owners; and the Ministry of Manpower overseeing and monitoring negotiations and agreements.

The constitution provides for the right to “peaceful” strikes. The Unified Labor Law permits peaceful strikes as well, but it imposes significant restrictions, including prior approval by a general trade union affiliated with ETUF.

The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity. Labor laws do not cover some categories of workers, including agricultural and domestic workers, and other sectors of the informal economy.

The Ministry of Manpower and affiliated directorates did not accept any bylaws other than those provided in the law. This position, according to local workers’ rights organizations, was contrary to the law’s provisions, its executive regulations, and ministerial decree 36/2018, which stated that unions can use the bylaws as guidance to develop their own.

In February, President Sisi instructed the Ministry of Social Solidarity to introduce a new life insurance mechanism for seasonal workers. The values of insurance certificates will vary between LE 500 and 2,500 ($28 to $140) to be paid by workers, who will receive an amount of LE 50,000 to 250,000 ($2,790 to $13,960) in case of death or accident. In the case of retirement, authorities will disburse a monthly pension. Separately, the minister of awqaf (Islamic endowments) announced that his ministry would allocate LE 50 million ($2.79 million) annually from the ministry’s budget for insurance for seasonal workers.

Government enforcement of applicable laws was inconsistent. The government also occasionally arrested striking workers and rarely reversed arbitrary dismissals. The government seldom followed the requirement for tripartite negotiations in collective disputes, leaving workers to negotiate directly with employers, typically after resorting to a strike.

In January employees of ETUF organized a protest to demand the administration pay late financial dues. Employees stated that the heads of ETUF told them that the budget did not allow the payment of late dues. The protest became a sit-in that lasted for multiple days until security forces dispersed participants. Following dispersal of the protesters, ETUF issued a statement promising all dues would be paid. There were no clear reports on whether ETUF honored the promise. On January 16, ETUF suspended four employees it accused of organizing the protest.

Independent unions continued to face pressure to dissolve. In some cases the Ministry of Manpower delayed responding to unions’ applications for legal status, leaving many in legal limbo. In other instances the Ministry of Manpower refused to legalize proposed unions if an ETUF-affiliated counterpart existed. According to trade union activists, the Trade Union Committee of Workers in Cairo Pharmacies applied in March for legal status to the Cairo directorate of the Ministry of Manpower, but officials at the directorate told the representatives of the committee that it should be affiliated to the pharmacist syndicate, a professional trade union. Although committee representatives argued their members were working in pharmacies as assistant pharmacists and, thus, it was not appropriate for them to be part of the pharmacists union, the Directorate of Manpower delayed their application by requesting documents not required by law. The Ministry of Manpower did not publish any status report of the process.

Authorities arrested several labor organizers and subjected others to legal sanctions following the dispersal of a labor strike.

Workers sometimes staged sit-ins on government and private property, often without obtaining the necessary permits. Rights groups claimed authorities sometimes arrested those seeking to obtain protest permits. In April hundreds of baked goods manufacturer Bisco Misr workers in Alexandria and Cairo protested a delay in disbursing bonuses and profit shares. On April 25, security authorities arrested and briefly held six workers from the Cairo branch on charges of organizing a protest without a permit. On May 1, Bisco Misr management filed a complaint against 11 employees that accused them of obstructing work, inciting strikes, and “obstructing foreign investments.” Police and the armed forces to a lesser extent forcefully dispersed labor actions in isolated cases.

The constitution states no work may be compulsory except by virtue of a law. Government did not effectively enforce the prohibition. Employers subjected male and female persons (including citizens) from South Asia, Southeast Asia, and Africa to forced labor in domestic service, construction, cleaning, begging, and other sectors. The government worked with NGOs to provide some assistance to victims of human trafficking, including forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for regular employment at age 15 and at age 13 for seasonal employment. The constitution defines a child as anyone younger than age 18. A Ministry of Manpower decree bars children younger than age 18 from 44 specific hazardous occupations, while the law prohibits employment of children younger than age 18 from work that “puts the health, safety, or morals of the child into danger.” Provincial governors, with the approval of the minister of education, may authorize seasonal work (often agricultural) for children age 13 and older, provided duties are not hazardous and do not interfere with schooling. The labor code and law limit children’s work hours and mandate breaks.

Overall, authorities did not enforce child labor laws effectively. The Ministry of Manpower, in coordination with the NCCM and the Interior Ministry, enforced child labor laws in state-owned enterprises and private sector establishments through inspections and supervision of factory management. Labor inspectors generally operated without adequate training on child labor issues, although the Ministry of Manpower offered some child labor-specific training. The government did not inspect noncommercial farms for child labor, and there were very limited monitoring and enforcement mechanisms for children in domestic service. When authorities prosecuted offenders, the fines imposed were often as low as LE 500 ($28), insufficient to deter violations. The government did not enforce child labor laws in the informal sector.

Although the government often did not effectively enforce relevant laws, authorities implemented a number of social, educational, and poverty reduction programs to reduce children’s vulnerability to exploitive labor. The NCCM, working with the Ministries of Education and Social Solidarity, sought to provide working children with social security safeguards and to reduce school dropout rates by providing families with alternative sources of income.

Child labor occurred, although estimates on the number of child laborers varied. According to the Egypt Demographic and Health Survey, 1.6 million children worked, primarily in the agricultural sector in rural areas but also in domestic work and factories in urban areas, often under hazardous conditions. Children also worked in light industry, the aluminum industry, construction sites, brick production, and service businesses such as auto repair. According to government, NGO, and media reports, the number of street children in Cairo continued to increase in the face of deteriorating economic conditions. Such children were at greater risk of sexual exploitation or forced begging. In some cases employers abused or overworked children.

On July 1, the Ministry of Manpower, in cooperation with the International Labor Organization, the NCCM, and the Federation of Egyptian Industries, launched the National Action Plan on Combating Worst Forms of Child Labor. The minister of manpower stated that his ministry filed lawsuits against 74 institutions that did not comply with the country’s child labor law. While 74 institutions did not comply, he stated 12,700 institutions do comply with the country’s child labor law and that the ministry has protected 18,885 children (previously engaged in child labor) from further subjection to child labor.

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

The constitution states all citizens “are equal in rights, freedoms, and general duties without discrimination based on religion, belief, gender, origin, race, color, language, disability, social class, political or geographic affiliation, or any other reason.” It does not specify age, citizenship, sexual orientation, gender identity, or HIV-positive status or other communicable diseases. The law provides for persons with disabilities to gain access to vocational training and employment, but, despite the constitutional protection, the government did not effectively enforce prohibitions against such discrimination. Discrimination in employment and occupation occurred with respect to women and persons with disabilities (see section 6). Discrimination against migrant workers occurred (see section 2.d.).

An employee facing discrimination can file a report with the local government labor office. If the employee and the employer are unable to reach an amicable settlement, they take the claim to administrative court, which may order the employer to redress the complaint or to pay damages or legal fees. According to local rights groups, implementation of the law was inadequate. Additionally, the lengthy and expensive litigation process could deter employees from filing claims.

There is no national minimum wage in the private sector. The government sets a monthly minimum wage of LE 1,200 ($67) for government employees and public-sector workers. According to labor rights organizations, the government implemented the minimum wage for public-sector workers but applied it only to direct government employees and included benefits and bonuses in calculating total salaries. Most government workers already earned income equal to or more than the announced public-sector minimum wage. For government employees and public business-sector workers, the government also set a maximum wage limit at 35 times the minimum wage of LE 42,000 ($2,340) per month. The law does not require equal pay for equal work.

The law stipulates a maximum 48-hour workweek for the public and private sectors and provides for premium pay for overtime and work on rest days and national holidays. The law prohibits excessive compulsory overtime. The government sets worker health and safety standards, for example, prohibiting employers from maintaining hazardous working conditions. The law excludes agricultural, fisheries, and domestic workers from regulations concerning wages, hours, and working conditions.

The Ministry of Manpower is responsible for enforcing labor laws and standards for working conditions. Due in part to insufficient resources, labor law enforcement and inspections were inadequate. The ministry did not attempt to apply labor standards to the informal sector. Penalties, especially as they were often unenforced, did not appear sufficient to deter violations.

By law workers can remove themselves from situations that endanger health or safety without jeopardy to employment, although authorities did not reliably enforce this right. In September a heavy object struck a worker at the Evergrow fertilizer factory killing him. Workers at the factory went on strike after the accident to demand proper compensation for the death of their colleague and to demand better safety measures. There was no further information on the outcome of the dispute.

The government provided services, such as free health care, to all citizens, but the quality of services was often poor. Other benefits, such as social insurance, were available only to employees in the formal sector.

Many persons throughout the country faced poor working conditions, especially in the informal economy, which employed up to 40 percent of workers, according to some estimates. Domestic workers, agricultural workers, workers in rock quarries, and other parts of the informal sector were most likely to face hazardous or exploitive conditions. There were reports of employer abuse of citizen and undocumented foreign workers, especially domestic workers. Little information was available on workplace fatalities and accidents.

El Salvador

Section 7. Worker Rights

The law provides the right of most workers to form and join independent unions, to strike, and to bargain collectively. The law also prohibits antiunion discrimination, although it does not require reinstatement of workers fired for union activity. Military personnel, national police, judges, and high-level public officers may not form or join unions. Workers who are representatives of the employer or in “positions of trust” also may not serve on the union’s board of directors. The law does not define the term “positions of trust.” The labor code does not cover public-sector workers and municipal workers, whose wages and terms of employment are regulated by the 1961 civil service law.

Unions must meet complex requirements to register, including having a minimum membership of 35. If the Ministry of Labor denies registration, the law prohibits any attempt to organize for up to six months following the denial. Collective bargaining is obligatory only if the union represents the majority of workers. Labor unions accused the ministry of trying to block the registration of unions not aligned with the government’s party. Consequently, unions were unable to vote for membership in tripartite bodies, consisting of members of government, labor, and business.

The law contains cumbersome and complex procedures for conducting a legal strike. The law does not recognize the right to strike for public and municipal employees or for workers in essential services. The law does not specify which services meet this definition, and courts therefore apply this provision on a case-by-case basis. The law requires that 30 percent of all workers in an enterprise must support a strike for it to be legal and that 51 percent must support the strike before all workers are bound by the decision to strike. Unions may strike only to obtain or modify a collective bargaining agreement or to protect the common professional interests of the workers. They must also engage in negotiation, mediation, and arbitration processes before striking, although many groups often skipped or went through these steps quickly. The law prohibits workers from appealing a government decision declaring a strike illegal.

In lieu of requiring employers to reinstate illegally dismissed workers, the law requires employers to pay the workers the equivalent of 30 days of their basic salary for each year of service. The law specifies 30 reasons for which an employer can terminate a worker’s contract without triggering any additional responsibilities, including consistent negligence, leaking private company information, or committing immoral acts while on duty. An employer may also legally suspend workers, including for reasons of economic downturn or market conditions. As of July the Ministry of Labor had received 1,778 complaints of violations of the labor code, including 565 instances of failure to pay the minimum wage.

The government did not effectively enforce the laws on freedom of association and the right to collective bargaining. Resources to conduct inspections remained inadequate, and remedies remained ineffective. Penalties for employers who fire workers with the goal or effect of ensuring the union no longer met the minimum number of members ranged from 10 to 50 times the monthly minimum salary. These were paid to the government’s general fund, not to the fired employee. The penalty for employers who interfere with the right to strike was between $3,000 and $15,000. Such penalties remained insufficient to deter violations. The Ministry of Labor acknowledged it lacked sufficient resources, such as vehicles, fuel, and computers, to enforce the law fully. Judicial procedures were subject to lengthy delays and appeals. According to union representatives, the government inconsistently enforced labor rights for public workers, maquila/textile workers, food manufacturing workers, subcontracted workers in the construction industry, security guards, informal-sector workers, and migrant workers. As of July the ministry had received 15 claims of violations for labor discrimination.

On November 10, a court ordered a mayor in Conchagua to cease age discrimination of a group female employees. The employees filed a complaint with the Ministry of Labor that they were subjected to harassment by the mayor and his subordinates because of their age and his desire to replace them.

Unions functioned independently from the government and political parties, although many generally were aligned with the ARENA, FMLN, or other political parties. According to union leaders, the administration blacklisted public-sector employees who they believed were close with the opposition. Workers at times engaged in strikes regardless of whether the strikes met legal requirements. The International Labor Organization (ILO) Conference Committee on the Application of Standards discussed the country for the fourth year in a row over the nonfunctioning of the tripartite Higher Labor Council.

The law prohibits all forms of forced or compulsory labor. The government generally did not effectively enforce such laws. The labor code’s default fine of $57 per violation applied. This penalty was generally not sufficient to deter violations. The lack of sufficient resources for inspectors reduced their ability to enforce the law fully. The Ministry of Labor did not report on incidents of forced labor. Gangs subjected children to forced labor in illicit activities, including selling or transporting drugs (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than age 14. The law allows children between the ages of 14 and 18 to engage in light work if the work does not damage the child’s health or development or interfere with compulsory education. The law prohibits children younger than age 16 from working more than six hours per day and 34 hours per week; those younger than age 18 are prohibited from working at night or in occupations considered hazardous. The Ministry of Labor maintained a list of the types of work considered hazardous and prohibited for children, to include repairing heavy machinery, mining, handling weapons, fishing and harvesting mollusks, and working at heights above five feet while doing construction, erecting antennas, or working on billboards. Children age 16 and older may engage in light work on coffee and sugar plantations and in the fishing industry so long as it does not harm their health or interfere with their education.

The Ministry of Labor maintains responsibility for enforcing child labor laws but did so with limited effectiveness. Child labor remained a serious and widespread problem. The law specifies a default fine of no more than $60 for each violation of most labor laws, including child labor laws; such penalties were insufficient to act as a deterrent. Labor inspectors focused almost exclusively on the formal sector. According to the ministry, from January 2017 through May, officials conducted 1,440 child labor inspections that discovered 18 minors, five of whom were unauthorized to work. By comparison, as of September 2017, according to the ministry, there were 140,700 children and adolescents working, of whom 91,257 were employed in “dangerous work” in the informal sector. No information on any investigations or prosecutions by the government was available. The ministry did not effectively enforce child labor laws in the informal sector.

There were reports of children younger than age 16 engaging in the worst forms of child labor, including in coffee cultivation, fishing, shellfish collection, and fireworks production. Children were subjected to other worst forms of child labor, including commercial sexual exploitation (see section 6, Children) and recruitment into illegal gangs to perform illicit activities related to the arms and drug trades, including committing homicide. Children were engaged in child labor, including domestic work, the production of cereal grains and baked goods, cattle raising, and vending. Orphans and children from poor families frequently worked as street vendors and general laborers in small businesses despite the presence of law enforcement officials.

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

The constitution, labor laws, and state regulations prohibit discrimination regarding race, color, sex, religion, political opinion, national extraction (except in cases determined to protect local workers), social origin, gender, disability, language, or HIV-positive status. The government did not effectively enforce those laws and regulations. Sexual orientation and gender identity are not included in the constitution or labor law, although the PDDH and the Ministry of Labor actively sought to protect workers against discrimination on those grounds.

Discrimination in employment and occupation occurred with respect to gender, disability, and sexual orientation or gender identity (see sections 6 and 7.e.). According to the Ministry of Labor, migrant workers have the same rights as citizens, but the ministry did not enforce them.

On January 30, the Legislative Assembly reformed the labor code, prohibiting discriminatory practices and violence against women in the workplace. Further, on June 26, the Legislative Assembly reformed the labor code, civil service law, and the Vacations and Permits Law for Public Employees, prohibiting the dismissal of women returning from maternity leave for up to six months.

There is no national minimum wage; the minimum wage is determined by sector. In January a major minimum wage increase went into effect that included increases of nearly 40 percent for apparel assembly workers and more than 100 percent for workers in coffee and sugar harvesting. After the increase the minimum daily wage was $10 for retail, service, and industrial employees; $9.84 for apparel assembly workers; and $3.94 for agricultural workers. The government reported the poverty income level was $179.67 per month in urban areas and $126.97 per month in rural areas.

The law sets a maximum normal workweek of 44 hours, limited to no more than six days and to no more than eight hours per day, but allows overtime, which is to be paid at a rate of double the usual hourly wage. The law mandates that full-time employees receive pay for an eight-hour day of rest in addition to the 44-hour normal workweek. The law provides that employers must pay double-time for work on designated annual holidays, a Christmas bonus based on the time of service of the employee, and 15 days of paid annual leave. The law prohibits compulsory overtime. The law states that domestic employees, such as maids and gardeners, are obligated to work on holidays if their employer makes this request, but they are entitled to double pay in these instances. The government did not adequately enforce these laws.

The Ministry of Labor is responsible for setting workplace safety standards, and the law establishes a tripartite committee to review the standards. The law requires employers to take steps to meet health and safety requirements in the workplace, including providing proper equipment and training and a violence-free environment. Employers who violate most labor laws could receive a default fine of no more than $57 for each violation. While the laws were appropriate for the main industries, a lack of compliance inspectors led to poor enforcement. These penalties were also insufficient to deter violations, and some companies reportedly found it more cost effective to pay the fines than to comply with the law. The law promotes occupational safety awareness, training, and worker participation in occupational health and safety matters.

The Ministry of Labor is responsible for enforcing the law. The government proved more effective in enforcing the minimum wage law in the formal sector than in the informal sector. Unions reported the ministry failed to enforce the law for subcontracted workers hired for public reconstruction contracts. The government provided its inspectors updated training in both occupational safety and labor standards. As of June the ministry conducted 13,315 inspections, in addition to 3,857 inspections to follow up with prior investigations, and had levied $777,000 in fines against businesses.

Allegations of corruption among labor inspectors continued. The Labor Ministry received complaints regarding failure to pay overtime, minimum wage violations, unpaid salaries, and cases of employers illegally withholding benefits (including social security and pension funds) from workers.

Reports of overtime and wage violations existed in several sectors. According to the Labor Ministry, employers in the agriculture sector did not generally grant annual bonuses, vacation days, or days of rest. Women in domestic service and the industrial manufacturing for export industry, particularly in the export-processing zones, faced exploitation, mistreatment, verbal abuse, threats, sexual harassment, and generally poor work conditions. Workers in the construction industry and domestic service reportedly fell subject to violations of wage, hour, and safety laws. According to ORMUSA, apparel companies violated women’s rights through occupational health violations and unpaid overtime. There were reports of occupational safety and health violations in other sectors, including reports that a very large percentage of buildings were out of compliance with safety standards set by the General Law on Risk Protection. The government proved ineffective in pursuing such violations.

In some cases the country’s high crime rate negatively affected acceptable conditions of work as well as workers’ psychological and physical health. Some workers, such as bus drivers, bill collectors, messengers, and teachers in high-risk areas, reported being subject to extortion and death threats.

As of July the Ministry of Labor reported 5,199 workplace accidents. These included 2,609 accidents in the services sector, 1,859 in the industrial sector, 620 in the commercial sector, and 111 in the agricultural sector. The ministry did not report any deaths from workplace-related accidents.

Workers may legally remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities lacked the ability to protect employees in this situation effectively.

Ethiopia

Section 7. Worker Rights

The constitution and law provide workers, except for civil servants and certain categories of workers primarily in the public sector, with the right to form and join unions, conduct legal strikes, and bargain collectively. Meanwhile, other provisions and laws severely restrict or excessively regulate these rights. The law specifically prohibits managerial employees, teachers, health-care workers, judges, prosecutors, security-service workers, domestic workers, and seasonal agricultural workers from organizing unions. Despite the law prohibiting antiunion discrimination, unions reported employers terminated union activists. The law requires employers guilty of antiunion discrimination to reinstate workers dismissed for union activities and generally did so. The law prohibits retribution against strikers, but authorities arrested nine air traffic controllers for striking. The government did not effectively enforce applicable laws, and penalties were not sufficient to deter violations.

A minimum of 10 workers are required to form a union. While the law provides all unions with the right to register, the government may refuse to register trade unions that do not meet its registration requirements. One possible rationale for refusal is the nonpolitical criminal conviction of the union’s leader within the previous 10 years, but there were no reports of a refused registration on this basis. The government may unilaterally cancel the registration of a union. Workers may not join more than one trade union per employment. The law stipulates a trade union organization may not act in an overtly political manner. The law allows administrative authorities to seek recourse via court actions to cancel union registration for engaging in prohibited activities, such as political action.

Other laws and regulations that explicitly or potentially infringe upon workers’ rights to associate freely and to organize include the CSO law. The International Labor Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations noted the CSO law gives the government power to interfere in the right of workers to organize, including through the suppression of registration, internal administration, and the dissolution of organizations. For example, the law requires that labor unions’ internal administration follow certain procedures that diminish their autonomy. Two-thirds of union members belonged to organizations affiliated with the government-controlled Confederation of Ethiopian Trade Unions. The National Teachers Union remained unregistered.

While the law recognizes the right to collective bargaining, this right was severely restricted under the law. Negotiations aimed at amending or replacing a collectively bargained agreement must take place within three months of its expiration; otherwise, the prior provisions on wages and other benefits cease to apply. The law restricts enterprise unions to negotiating wages only at the plant level. Civil servants, including public school teachers, have the right to establish and join professional associations created by the employees but may not bargain collectively. Arbitration procedures in the public sector are more restrictive than in the private sector. The law does not provide for effective and adequate sanctions against acts of interference by other agents in the establishment, functioning, or administration of either workers’ or employers’ organizations. Unions in the formal industrial sector made some efforts to enforce labor regulations.

Although the constitution and law provide workers with the right to strike to protect their interests, the law contains detailed provisions prescribing extremely complex and time-consuming formalities that make legal strike actions prohibitively difficult. The law requires aggrieved workers to attempt to reconcile with employers before striking and includes a lengthy dispute settlement process. These provisions apply equally to an employer’s right to lock workers out. For an authorized strike, two-thirds of the workers concerned must support such action. If not referred to a court or labor relations board, the union retains the right to strike without resorting to either of these options, provided they give at least 10 days’ notice to the other party and the Labor Ministry and make efforts at reconciliation.

The law also prohibits strikes by workers who provide essential services, including air transport and urban bus services, electric power suppliers, gasoline station personnel, hospital and pharmacy personnel, firefighters, telecommunications personnel, and urban sanitary workers. The list of essential services goes beyond the ILO definition of essential services. The law prohibits retribution against strikers, but it also provides for civil or criminal penalties against unions and workers convicted of committing unauthorized strike actions. Violation of this procedure is an offense punishable with a fine not exceeding 1,200 birr ($43) if committed by a union or of 300 birr ($11) if committed by an individual worker. If the provisions of the penal code prescribe more severe penalties, the punishment codified in the penal code becomes applicable. Any public servant who goes on strike, who urges others to go on strike, or who fails to carry out his/her duties in a proper manner, to the prejudice of state, public, or private interest, is subject to imprisonment that involves an obligation to perform labor.

The informal labor sector, including domestic workers and seasonal agricultural workers, was not unionized or protected by labor laws. The law defines workers as persons in an employment relationship. Lack of adequate staffing prevented the government from effectively enforcing applicable laws for those sectors protected by law. Court procedures were often subject to lengthy delays and appeals. Labor officials reported that high unemployment, fear of retribution, and long delays in hearing labor cases deterred workers from participating in strikes or other labor actions. The ILO was critical of the government’s use of the antiterrorism law to punish organizers or labor leaders.

Although rarely reported, antiunion activities occurred. There were media reports that some major foreign investors generally did not allow workers to form unions, often transferred or dismissed union leaders, and intimidated and pressured members to leave unions. Lawsuits alleging unlawful dismissal often took years to resolve because of case backlogs in the courts.

The law prohibits and criminalizes all forms of forced or compulsory labor but permits courts to order forced labor as a punitive measure. Conviction of slavery is punishable with five to 20 years’ imprisonment and a fine. The government did not effectively enforce the law, and forced labor occurred.

In 2015 the federal government enacted a comprehensive overhaul of its antitrafficking penal code. The code prescribes harsh penalties up to life imprisonment and a fine of 500,000 birr ($17,900) for conviction of human trafficking and exploitation, including slavery, debt bondage, forced prostitution, and servitude. The penalties served as a deterrent, especially when paired with increased law enforcement attention to the abuse. Police at the federal and regional levels received training focused on human trafficking and exploitation.

Although a ban on labor migration to the Gulf States remained in effect, the government established bilateral work agreements with most of the Gulf States.

Adults and children, often under coercion, engaged in street vending, begging, traditional weaving of hand-woven textiles, or agricultural work. Children also worked in forced domestic labor. Situations of debt bondage also occurred in traditional weaving, pottery making, cattle herding, and other agricultural activities, mostly in rural areas.

The government sometimes deployed prisoners to work outside the prisons for private businesses, a practice the ILO stated could constitute compulsory labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The government did not effectively enforce the applicable laws, and penalties were not sufficient to deter violations.

By law the minimum age for wage or salaried employment is 14. The minimum age provisions, however, apply only to contractual labor and do not apply to self-employed children or children who perform unpaid work, which constituted the vast majority of employed children. The law prohibits hazardous or night work for children between ages 14 and 18. The law defines hazardous work as any work that could jeopardize a child’s health. Prohibited work sectors include passenger transport, work in electric generation plants, factory work, underground work, street cleaning, and many other sectors. The law expressly excludes children younger than 16 attending vocational schools from the prohibition on hazardous work. The law does not permit children between ages 14 and 18 to work more than seven hours per day, between 10 p.m. and 6 a.m., or on public holidays or rest days.

Child labor remained a serious problem (see also section 7.b.), and significant numbers of children worked in prohibited, dangerous work sectors, particularly construction.

School enrollment was low, particularly in rural areas. To reinforce the importance of attending school, joint NGO, government, and community-based awareness efforts targeted communities where children were heavily engaged in agricultural work. The government invested in modernizing agricultural practices and constructing schools to combat the problem of child labor in agricultural sectors.

In both rural and urban areas, children often began working at young ages. Child labor was particularly pervasive in subsistence agricultural production, traditional weaving, fishing, and domestic work. A growing number of children worked in construction. Children in rural areas, especially boys, engaged in activities such as cattle herding, petty trading, plowing, harvesting, and weeding, while girls collected firewood and fetched water. Children worked in the production of gold. In small-scale gold mining, they dug mining pits and carried heavy loads of water. Children in urban areas, including orphans, worked in domestic service, often working long hours, which prevented many from attending school regularly. Children also worked in manufacturing, shining shoes, making clothes, parking, public transport, petty trading, as porters, and directing customers to taxis. Some children worked long hours in dangerous environments for little or no wages and without occupational safety protection. Child laborers often faced abuse at the hands of their employers, such as physical, sexual, and emotional abuse.

Traffickers exploited girls from impoverished rural areas, primarily in domestic servitude and commercial sex within the country.

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

The law prohibits discrimination based on race, ethnicity, national origin nationality, gender, marital status, religion, political affiliation, political outlook, pregnancy, socioeconomic status, disability, or “any other conditions.” The law prohibits discrimination in respect of employment and occupations; however, the authorities enforced these rights unevenly. The law specifically recognizes the additional burden on pregnant women and persons with disabilities. The penalty for conviction of discrimination on any of the above grounds is a fine of 1,200 birr ($43). The government took limited measures to enforce the law. Sexual orientation, gender identity, and HIV-positive status have no basis for protection under the law.

Discrimination in employment and occupation occurred with respect to women, who had fewer employment opportunities than did men, and the jobs available did not provide equal pay for equal work. Discrimination in employment and occupation occurred against sexual orientation and/or gender identity.

Discrimination against migrant workers also occurred.

There is no national minimum wage. Some government institutions and public enterprises set their own minimum wages. Public-sector employees, the largest group of wage earners, earned a monthly minimum wage of approximately 615 birr ($22). The official estimate for the poverty income level was 315 birr ($11) per month. Overall, the government did not effectively enforce wage laws.

The law provides for a 48-hour maximum legal workweek with a 24-hour rest period, premium pay for overtime, and prohibition of excessive compulsory overtime. Four conditions allow employers to make use of overtime work; these are urgency of the task, danger, absence of an employee, and lack of alternatives. Additionally, employers may not engage their employees in overtime work exceeding two hours a day, 20 hours a month, and 100 hours a year. The country has 13 paid public holidays per year. The law entitles employees in public enterprises and government financial institutions to overtime pay; civil servants receive compensatory time off for overtime work.

The government, industries, and unions negotiated occupational safety and health standards, which do not fully address worker safety in many industries. Workers specifically excluded by law from unionizing, including domestic workers and seasonal agricultural workers, generally did not benefit from health and safety regulations in the workplace.

The Labor Ministry’s inspection department was responsible for enforcement of workplace standards. Occupational safety and health measures were not effectively enforced. The ministry carried out regular labor inspections to monitor compliance; however, the government employed 516 labor inspectors, less than half the ILO’s recommended number of 1,321. The ministry’s severely limited administrative capacity; lack of an effective mechanism for receiving, investigating, and tracking allegations of violations; and lack of detailed, sector-specific health and safety guidelines hampered effective enforcement of these standards. The ministry completed 46,000 inspections in the most recent fiscal year, and it was generally clear that responsibility for identifying unsafe situations resides with labor inspectors.

Only a small percentage of the population, concentrated in urban areas, was involved in wage-labor employment. Wages in the informal sector generally were below subsistence levels.

Compensation, benefits, and working conditions of seasonal agricultural workers were far below those of unionized permanent agricultural employees. The government did little to enforce the law. Most employees in the formal sector worked a 39-hour workweek. Many foreign, migrant, and informal laborers worked more than 48 hours per week.

Hazardous working conditions existed in the agricultural sector, which was the primary base of the country’s economy. There were also reports of hazardous and exploitative working conditions in the construction and industrial sectors, although data on deaths and injuries were not available.

Fiji

Section 7. Worker Rights

The law provides all workers the right to form and join independent unions, bargain collectively, and strike.

The law prohibits some forms of antiunion discrimination, including victimizing workers or firing a worker for union membership. The constitution prohibits union officers from becoming members of parliament. The law also limits the ability of union officers to form or join political parties and exercise other political rights.

The law designates “essential service and industries” to include corporations engaged in finance, telecommunications, public-sector employees, mining, transport, and the airline industry. The definition of essential services and industries also includes all state-owned enterprises, statutory authorities, and local government authorities.

The law also limits who may be an officer of a trade union, including prohibiting noncitizens from being trade union officers.

All unions must register with the government, which has discretionary power to refuse to register any union with an “undesirable” name, although the law limits the government’s discretion to refuse to register trade union names to those cases where the name is “offensive or racially or ethnically discriminatory.” By law the government may cancel registration of existing unions in exceptional cases.

By law any trade union with seven or more members in an industry not designated as essential may enter into collective bargaining with an employer.

Unions may conduct secret strike ballots upon 14 days’ notice to the registrar if 50 percent of all members who are entitled to vote approve the strike. Workers in essential services may strike but must also give 14 days’ notice; notify the Arbitration Court; and provide the category of workers who propose to strike, the starting date, and location of the strike. The law permits the minister of employment to declare a strike unlawful and refer the dispute to the Arbitration Court. If authorities refer the matter to the court, workers and strike leaders could face criminal charges if they persist in strike action.

Limited data were available on the government’s enforcement of legal provisions on freedom of association and collective bargaining. Penalties under law for violations of freedom of association and collective bargaining included fines and imprisonment; observers considered them sufficient to deter violations. Individuals, employers, and unions (on behalf of their members) may submit employment disputes and grievances alleging discrimination, unfair dismissal, sexual harassment, or certain other unfair labor practices to the Ministry of Employment, Productivity, and Industrial Relations.

The two trade union umbrella bodies, the Fiji Trades Union Congress (FTUC) and the Fiji Islands Council of Trade Unions, held meetings during the year without government interference.

Labor relations became strained after a December 2017 impasse involving the management and approximately 200 employees of the airport and passenger ground-handling company, Airport Terminal Services. Workers claimed management locked out and suspended workers for attending a meeting to discuss their grievances. In mid-January an estimated 2,500 persons demonstrated in support of the workers, and police did not intervene to disrupt the march. A national strike proposed by the FTUC was averted after the Employment Relations Tribunal ordered management to allow the workers to return.

The constitution and law prohibit all forms of forced or compulsory labor.

The Office of Labor Inspectorate, police, and Department of Immigration are responsible for enforcing the law, depending on the circumstances of the particular case. The government effectively enforced the law. The law prescribes imprisonment penalties, which observers considered sufficient to deter violations.

There were reports forced labor occurred, including forced labor of children (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

Although the law provides that education is compulsory until age 15 years, children age 13 to 15 may be employed on a daily wage basis in nonindustrial “light” work not involving machinery, provided they return to their parents or guardian every night. The law sets a limit of eight hours per day that a child can work but does not include a list of permissible activities. Children age 15 to 17 may be employed, but they must have specified hours and rest breaks. They may not be employed in hazardous occupations and activities, including those involving heavy machinery, hazardous materials, mining, or heavy physical labor, the care of children, or work within security services.

The Ministry of Employment, Productivity, and Industrial Relations deployed inspectors countrywide to enforce compliance with the law, including law covering child labor. The government effectively enforced applicable law, and penalties were generally sufficient to deter violations. The law provides for imprisonment, fines, or both, for companies that violate these provisions.

Poverty continued to influence children to migrate to urban areas for work, increasing their vulnerability to exploitation, and to work as casual laborers, often with no safeguards against abuse or injury. Child labor continued in the informal sector and in hazardous work, including work as wheelbarrow boys and casual laborers, including in agriculture. Commercial sexual exploitation of children occurred (see section 6, Children). Some children worked in relatives’ homes and were vulnerable to involuntary domestic servitude or forced to engage in sexual activity in exchange for food, clothing, shelter, or school fees.

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

The law prohibits employment discrimination. The law stipulates that every employer pay male and female workers equal remuneration for work of equal value. The law prohibits women working underground in mines but places no other legal limitations on the employment of women. Under the law workers may file complaints on the ground of sexual harassment in the workplace.

Limited data were available on the government’s antidiscrimination provisions and its enforcement. Penalties for employment discrimination include fines and imprisonment and are generally sufficient to deter violations.

Discrimination in employment and wages occurred with respect to women and persons with disabilities. Women generally received less pay than men for similar work. According to the Asian Development Bank, approximately 30 percent of the economically active female population engaged in the formal economy, and a large number of these women worked in semisubsistence farming or were self-employed. By law women have full rights of inheritance and property ownership of indigenous communal land, which constituted more than 80 percent of all land, but authorities seldom recognized this right (see section 6). The nongovernmental Fiji Disabled People’s Association reported most persons with disabilities were unemployed due to lack of access, insufficient education and training, and discrimination by employers.

As of September 2017, the national minimum hourly wage was F$2.68 ($1.27). The regulations stipulate all employers must display a written national minimum wage notice in their workplace to inform employees of their rights. There was no official poverty-level income figure, but the minimum wage did not typically provide a decent standard of living for a worker and family.

There is no single countrywide limitation on maximum working hours for adults, but there are restrictions and overtime provisions in certain sectors. The government establishes workplace safety laws and regulations.

The Ministry of Employment, Productivity, and Industrial Relations’ Office of Labor Inspectorate is responsible for enforcing the minimum wage, but the inspectorate lacked capacity to enforce the law effectively. Convictions for a breach of the minimum wage law result in a fine, imprisonment, or both. The Occupational Health and Safety Inspectorate monitored workplaces and equipment and investigated complaints from workers. Government enforcement of safety standards suffered from a lack of trained personnel and delays in compensation hearings and rulings. Although the law excludes mines from general workplace health and safety laws, it empowers the director of mines to inspect all mines to provide for the health, safety, and welfare of employees. The Employment Relations Tribunal and the Employment Court adjudicate cases of employers charged by the inspectorate with violating minimum wage orders and decide on compensation claims filed by the inspectorate on behalf of workers.

Unions generally monitored safety standards in organized workplaces, but many work areas did not meet standards, and the ministry did not monitor all workplaces for compliance. Workers in some industries, notably security, transportation, and shipping, worked excessive hours. Media reported two workers died in work-related incidents during the year.

In June the FTUC lodged concerns about the country’s labor relations with the International Labor Organization following a labor dispute involving workers at the Vatukoula Gold Mine. According to the FTUC, mineworkers, who labored in some of the most dangerous working environments in the country, received no wage adjustments for more than a decade and wanted workplace safety and security concerns addressed.

Gabon

Section 7. Worker Rights

The law protects the right of workers to form and join independent unions and bargain collectively. The law provides for the right to strike, with restrictions. Antiunion discrimination is illegal, and the law provides for reinstatement for workers dismissed for union activities. Unions must register with the government to obtain official recognition, and the government routinely grants registration. Agreements negotiated by unions also applied to nonunion workers.

Strikes may be called only after eight days’ advance notification and only after mandatory arbitration fails. Public-sector employees’ right to strike could be restricted where the government determines that it poses a threat to public safety. The law does not define the essential-services sectors in which strikes are prohibited; however, armed services are prohibited from unionizing and striking. The law prohibits government action against strikers who abide by the notification and arbitration provisions and excludes no groups from this protection. There are no special laws or exemptions from regular labor laws in the country’s two export-processing zones.

The government generally enforced applicable laws. Resources to protect the right to form unions, bargain collectively, and strike were adequate. Penalties for violations of these rights are compensatory, determined on a case-by-case basis, and generally sufficient to deter violations. Administrative and judicial procedures were sometimes delayed.

Freedom of association and the right to collective bargaining were not always respected. Some unions were politically active, and the government accused them of siding with opposition parties. In March 2017 a six-month teachers’ strike by the Confederation of National Teachers’ Unions was ended by court order. The Ministry of Interior prohibited the teachers’ union from conducting activities, claiming the union had disturbed public order. Members filed suit with the Constitutional Court to annul the Interior Ministry’s decision. The Constitutional Court affirmed the union’s legal status but did not lift the Interior Ministry’s prohibition on activities.

Employers created and controlled some unions. Although antiunion discrimination is illegal, some trade unionists in both the public and private sectors complained of occasional discrimination, including the blacklisting of union members, unfair dismissals, and threats to workers who unionized. Trade union representatives complained they experienced hurdles accessing educational establishments during their efforts to represent and defend their members’ interests. Key labor union leaders noted the majority of labor violations stemmed from unwarranted dismissals, occasionally of workers on strike, leaving them without social security and insurance benefits.

The law prohibits forced or compulsory labor, including by children. The law criminalizes child-bonded labor only. The government did not effectively enforce the law with respect to adult victims. The government enforced the law more actively to combat forced labor by children. Penalties were not sufficiently stringent and did not deter violations or reflect the serious nature of the offense, except for penalties for child trafficking.

Resources, inspections, and remediation were inadequate. The lack of sufficient vehicles, budget, and personnel impeded the ability of labor inspectors to investigate allegations of forced labor. Additionally, labor inspectors found it difficult to access family-owned commercial farms and private households due to inadequate roads. The government strengthened the capacity of labor inspectors during the year, and UNICEF provided training for labor inspectors in coordination with the Labor Ministry.

Boys were subject to forced labor as street hawkers or mechanics, as well as in work in handicraft shops. Boys and men were subject to forced labor in agriculture, animal husbandry, fishing, and mining. Girls and women were exploited in domestic servitude, market vending, restaurants, and commercial sexual exploitation. Conditions included very low pay and long forced hours. Migrants were especially vulnerable to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than 16 without the expressed consent of the Ministry of Labor, Employment, and Professional Training, Ministry of Education, and Ministry of Public Health. The law provides for fines from 300,000 to 600,000 CFA francs ($510 to $1,020) and prison sentences if convicted of up to six months’ imprisonment for violations of the minimum age law. These penalties were sufficient to contribute to deterring violations.

The Ministry of Labor, Employment, and Professional Training is responsible for receiving, investigating, and addressing child labor complaints through inspectors. The Interministerial Committee for the Fight against Child Trafficking files and responds to complaints. Although the committee has a network of approximately 2,000 persons to provide social services and support to victims of child labor at the local level, these individuals do not play an enforcement role due to budget constraints. Complaints are referred to police, who carry out investigations and refer cases to the courts for prosecution.

The government enforced the law in the formal sector. During the year authorities removed at least 50 children from forced labor, and arrested and prosecuted at least 16 individuals suspected of employing them.

Children sometimes were subject to forced and exploitive labor. The government organized the repatriation of approximately 63 foreign children exploited in trafficking in 2017 and during the year, and it organized training sessions for authorities to handle potential victims of child trafficking.

Child labor remained a problem. Noncitizen children were more likely than were children of citizens to work in informal and illegal sectors of the economy, where laws against child labor were seldom enforced. An unknown number of children, primarily noncitizens, worked in marketplaces or performed domestic labor. Many of these children were the victims of child trafficking (see section 7.b.). Citizen children, particularly street children, also worked in the informal sector.

Child laborers generally did not attend school, received only limited medical attention, and often experienced exploitation by employers or foster families. In an effort to curb the problem, police often fined the parents of children who were not in school. Laws forbidding child labor covered these children, but abuses often were not reported.

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

The labor code prohibits discrimination with respect to employment and work conditions based on race, color, sex, religion, political opinion, disability, national origin or citizenship, or social background. It does not address discrimination based on sexual orientation, gender identity, age, or language. The government did not effectively enforce the law. No specific law requires equal pay for equal work, and women’s pay lagged behind that of men. Discrimination in employment occurred with respect to indigenous persons, disabled persons, persons with HIV/AIDS, and LGBTI persons. There were reports of labor exploitation of indigenous persons by their Bantu neighbors, who paid them much less than the minimum wage. Undocumented foreign workers frequently experienced wage discrimination and poor work conditions.

The national monthly minimum wage was 150,000 CFA francs ($255), greater than the World Bank’s international poverty line of $1.90 per day. The law provides for a minimum income of 80,000 CFA francs per month ($136). Government workers received an additional monthly allowance of 20,000 CFA francs ($34) per child and transportation, housing, and family benefits. Authorities did not enforce wage laws adequately, although workers could file suit if they received less than the minimum wage. Labor inspections were infrequent. There was no minimum wage in the informal sector, which accounted for the vast majority of workers.

The labor code stipulates a 40-hour workweek with a minimum rest period of 48 consecutive hours. The law also provides for paid annual holidays. Employers must compensate workers for overtime work as determined by collective agreements or government regulations. By law the daily limit for compulsory overtime may be extended from 30 minutes to two hours to perform specified preparatory or complementary work, such as starting machines in a factory or supervising a workplace. It also may be extended for urgent work to prevent or repair damage from accidents. The daily limit does not apply to establishments in which work is continuous or to establishments providing retail, transport, dock work, hotel and catering services, housekeeping, security services, medical establishments, domestic work, and journalism.

The Ministry of Health establishes occupational safety and health standards. The Ministry of Labor is responsible for enforcing minimum wage, overtime, and safety and health standards in the formal sector. The number of labor inspectors was not sufficient to enforce compliance. Employers generally respected minimum wage standards. Formal-sector employees could submit complaints regarding overtime or health and safety standards, and the ministry’s labor inspectors investigated such complaints. The government penalized violations with a range of fines that contributed to deterring violations. In the formal sector, workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The government did not enforce labor code provisions in the informal economy or in sectors where the majority of the labor force was foreign, such as in the mining and timber sectors. Employers obliged foreign workers to work under substandard conditions, dismissed them without notice or recourse, and often physically mistreated them. Employers frequently paid noncitizens less than they paid citizens for the same work and required them to work longer hours, often hiring them on a short-term, casual basis to avoid paying taxes, social security contributions, and other benefits.

Georgia

Section 7. Worker Rights

The law generally provides for the right of most workers, including government employees, to form and join independent unions, to legally strike, and to bargain collectively. Employers are not obliged, however, to engage in collective bargaining, even if a trade union or a group of employees wishes to do so. The law permits strikes only in cases of disputes where a collective agreement is already in place. While strikes are not limited in length, the law limits lockouts to 90 days. A court may determine the legality of a strike, and violators of strike rules can face up to two years in prison. Although the law prohibits employers from discriminating against union members or union-organizing activities in general terms, it does not explicitly require reinstatement of workers dismissed for union activity.

Certain categories of workers related to “human life and health,” as defined by the government, were not allowed to strike. The International Labor Organization noted the government’s list of such services included some it did not believe constituted essential services directed related to human life and health and cited as examples restrictions on all employees in “cleaning municipal departments; natural gas transportation and distribution facilities; and oil and gas production, preparation, oil refinery and gas processing facilities.” The government provided no compensation mechanisms for this restriction.

The government did not effectively enforce laws that provide for workers’ freedom of association and prohibit antiunion discrimination, and violations of worker rights persisted. There were no effective penalties or remedies for arbitrarily dismissed employees, and legal disputes regarding labor rights were subject to lengthy delays. Without a fully functioning labor inspectorate and mediation services in the Ministry of Health, Labor, and Social Affairs, the government was unable to enforce collective bargaining agreements (as required by law) or provide government oversight of employers’ compliance with labor laws. Employees who believed they were wrongfully terminated must file a complaint in a local court within one month of their termination.

In 2017 the Prime Minister authorized the Minister of Labor, Health, and Social Affairs to chair a new Tripartite Commission that aimed to facilitate social dialogue among representatives of industry and organized labor. At the first Tripartite Commission, focused on Social Partnership, held on February 18, the Minister emphasized the importance of finalizing labor safety issues. Some labor rights organizations, however, noted that the Commission did not take any significant steps during the year except to define the eleven sectors that would constitute “hard, hazardous, and harmful work” under an occupational safety and health (OSH) law that passed in March.

Workers generally exercised their right to strike in accordance with the law but at times faced management retribution. The Georgian Trade Union Confederation (GTUC) reported that the influence of employer-sponsored “yellow” unions in the Georgian Post and Georgian Railways continued and impeded the ability of independent unions to operate. NGOs promoting worker rights did not report government restrictions on their work.

GTUC resumed its engagement in the Tripartite Commission following the Tkibuli mine incidents in the spring during which several miners died in accidents. The GTUC had suspended discussion with the Commission over a 2017 dispute with Georgian Post and Georgian Railways.

The law prohibits all forms of forced or compulsory labor. The government’s enforcement of the laws was not always effective. Forced labor is a criminal offense with penalties for conviction that would be sufficient to deter violations; the low number of investigations into forced or compulsory labor, however, offset the effect of strong penalties and encouraged the use of forced and compulsory labor.

The Ministry of Labor, Health, and Social Affairs reported that it found no cases of forced or compulsory labor although the GTUC claimed this was because there were no improvements in the government’s efforts to improve labor inspection. The law permits the ministry’s inspection department to make unannounced visits to businesses suspected of employing forced labor or human trafficking. The ministry reported that, as of August, it had inspected 154 companies on suspicions of human trafficking and forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum legal age for employment is generally 16, although in exceptional cases children may work with parental consent at age 14. Children younger than 18 may not engage in unhealthy, underground, or hazardous work; children who are 16 to 18 are also subject to reduced workhours and prohibited from working at night. The law permits employment agreements with persons younger than 14 in sports, the arts, and cultural and advertising activities.

In March, the government adopted a National Human Rights Action Plan that includes a chapter on children’s rights. The Ministry of Labor, Health, and Social Affairs reported that it found no cases of child labor law violations during the year. The lack of a labor inspectorate with the authority to levy fines seriously undermined enforcement efforts, and the low number of investigations into child labor made it unclear how effectively the government enforced the law. Except in cases of suspected human trafficking or forced labor violations, the Department of Labor Inspection was only able to conduct monitoring if enterprises voluntarily invited inspectors and asked them to assess their Occupational Safety and Health situation. Even in such cases, inspectors did not have a mandate to sanction firms for violations of OSH regulations and could only issue recommendations. Depending on the offense, conviction of child labor is punishable by fine, removal of operating permits, community service, probation, or imprisonment.

According to the National Child Labor Study for 2016, the latest year for which data was available, the majority of working children (an estimated 83 percent) were employed in agriculture, mainly helping self-employed family members in a family enterprise or farm. In older age groups, children became increasingly involved in other industries. Many children younger than 16 worked on small, family-owned farms. In most cases, authorities did not consider this work as abusive or categorized as child labor. In some ethnic minority areas, family farm obligations interfered with school attendance, and school participation by ethnic minority children was especially low. Some families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti (where there was also a significant ethnic Azeri population) worked on distant pastures for six to nine months a year, so their children seldom attended school. Estimates of the number of children affected were not available.

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

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

The law prohibits discrimination in employment but it does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The law further stipulates that discrimination is considered “direct or indirect oppression of a person that aims to or causes the creation of a frightening, hostile, disgraceful, dishonorable, and insulting environment.”

As there was no legal basis for labor inspection or a labor inspectorate with the authority to impose fines, the government did not effectively enforce the law.

Discrimination in the workplace was widespread. GTUC reported cases of discrimination based on age, sexual orientation, and union affiliation. Companies and public workplaces frequently reorganized staff to dismiss employees who had reached the qualifying age to receive a pension. In addition, vacancy announcements often included age requirements as preconditions to apply for a particular position. GTUC reported widespread instances of harassment in both the public and private sectors based on union affiliation, notably in the railway and postal services.

While the law provides for equality in the labor market, NGOs and the Ministry of Labor, Health, and Social Affairs agreed that discrimination against women in the workplace existed and was underreported. Although some observers noted continuing improvement in women’s access to the labor market, women were largely confined to low-paying, low-skilled positions, regardless of their professional and academic qualifications, and salaries for women lagged behind those for men.

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

The minimum wage for state-sector employees was GEL 115 ($43) per month. The official minimum wage in the private sector has not changed since the early 1990s, and it remained GEL 20 ($7.50) per month. Both official monthly minimum wages did not meet the official subsistence income level, which the National Statistics Office lists as GEL 175 ($65) per month. Employers did not apply the official minimum wage in practice, however, as the lowest paid jobs in the private sector typically did not pay less than GEL 200 ($75) per month.

The law provides for a 40-hour workweek and a weekly 24-hour rest period unless otherwise determined by a labor contract. Overtime is defined as work by an adult employee in excess of the regular 40-hour workweek, based on an agreement between the parties. An executive order establishes essential services in which overtime pay may not be approved until employees work more than 48 hours a week. Shifts must be at least 12 hours apart. Employees are entitled to 24 calendar days of paid leave and 15 calendar days of unpaid leave per year. Pregnant women or women who have recently given birth may not be required to work overtime without their consent. Minors who are 16 to 18 may not work in excess of 36 hours per week. Minors who are 14 or 15 may not work in excess of 24 hours per week. Overtime is only required to “be reimbursed at an increased rate of the normal hourly wage…defined by agreement between the parties.” The law does not explicitly prohibit excessive overtime.

In March the government adopted new Occupational Safety and Health legislation for “hard, harmful, and hazardous” industries. The legislation requires businesses in eleven identified sectors to allow unannounced occupational safety, and health inspections; establishes occupational safety and health standards for these industries; and authorizes labor inspectors to issue fines up to 50,000 GEL ($18,800) for lack of compliance. These sectors are transport, light industry, furniture manufacturing, glass production, heavy industry, oil and gas, metallurgy, mining, construction, electricity, and chemical production. Provisions concerning the compulsory insurance of employees by the employer against accidents will come into force on January 1, 2019. GTUC and NGOs criticized the legislation for being limited to occupational, safety, and health, and for limiting the standards to only “hard, harmful, and hazardous” industries.

The government did not effectively enforce minimum wage, hours of work, occupational safety, or health standards in sectors outside of the 11 identified “hard, harmful, and hazardous” industries.” Inspection in these cases remained voluntary, and employers in most cases received five days’ notice before labor inspectors visited worksites. Inspectors did not have the ability to levy fines or other penalties on employers for substandard working conditions, in part because the law does not stipulate acceptable conditions of work. Penalties were inadequate to deter violations. As of August, the Ministry of Labor, Health, and Social Affairs reported it had 25 inspectors and an additional 19 in training. The ministry also reported it inspected 36 companies on labor safety grounds and 118 on forced labor grounds as of August, but none of the allegations was substantiated. NGOs claimed the number of inspectors was insufficient to enforce compliance. A law governing entrepreneurial activity also inhibited labor inspectors’ access to enterprises by disallowing unannounced visits by inspectors except in cases of suspected trafficking in persons and occupational, safety, and health issues in the eleven “hard, harmful, and hazardous” industries.

Employer violations of workers’ rights persisted, and it was difficult for workers to remove themselves from hazardous situations without jeopardizing their employment. Workers hired on fixed term contracts frequently feared that calling employers’ attention to situations that endangered health or safety would be cause for employers not to renew their contract.

Conditions for migrant workers were generally unregulated. While the government did not keep specific statistics of migrant laborers in the country, the Public Services Development Agency issued up to 5,000 residence permits to migrant workers. According to the International Organization for Migration, a significant number of migrant workers came to the country to work on foreign-financed projects, where they lived at the worksite. It also reported that other labor migrants found employment in the tourism industry or arrived in the country without previously secured employment, were unable to find concrete employment opportunities, and had insufficient resources to remain in the country or finance their return home.

NGOs reported that a significant number of workers were employed in the informal economy and were often exploited in part because of the frequent lack of employment contracts. Such conditions, they alleged, were common among those working as street vendors or in unregulated bazaars.

According to the Public Defender’s December 8 statement, 35 persons had been killed and 77 injured in workplace and industrial accidents. The mining and construction sectors remained especially dangerous. Of the 33 deaths reported, 12 died in the Tkibuli coal mines during a three-month period. This series of accidents prompted authorities to close the mine and open an investigation of labor safety conditions that resulted in the detention of six company officials running the mine.

Ghana

Section 7. Worker Rights

The Ghana Labor Act provides for the right of workers–except for members of the armed forces, police, the Ghana Prisons Service, and other security and intelligence agency personnel–to form and join unions of their choice without previous authorization or excessive requirements. The law requires trade unions or employers’ organizations to obtain a certificate of registration and be authorized by the chief labor officer, who is an appointed government official. Union leaders reported that fees for the annual renewal of trade union registration and collective bargaining certificates were exorbitant and possibly legally unenforceable.

The law provides for the right to conduct legal strikes but restricts that right for workers who provide “essential services.” Workers in export processing zones are not subject to these restrictions. The minister of employment and labor relations designated a list of essential services, which included many sectors falling outside the International Labor Organization’s (ILO) essential services definition. The list included services carried out by utility companies (water, electricity, etc.), ports and harbors, medical centers, and the Bank of Ghana. These workers have the right to bargain. In these sectors parties to any labor disputes are required to resolve their differences within 72 hours. The right to strike can also be restricted for workers in private enterprises whose services are deemed essential to the survival of the enterprise by a union and an employer. A union may call a legal strike only if the parties fail to agree to refer the dispute to voluntary arbitration or if the dispute remains unresolved at the end of arbitration proceedings. Additionally, the Emergency Powers Act of 1994 grants authorities the power to suspend any law and prohibit public meetings and processions, but the act does not apply to labor disputes.

The Ghana Labor Act provides a framework for collective bargaining. A union must obtain a collective bargaining certificate from the chief labor officer in order to engage in collective bargaining on behalf of a class of workers. In cases where there are multiple unions in an enterprise, the majority or plurality union will receive the certificate but must consult with or, where appropriate, invite other unions to participate in negotiations. The certificate holder generally includes representatives from the smaller unions. Workers in decision-making or managerial roles are not provided the right to collective bargaining under the Labor Act, but they may join unions and enter into labor negotiations with their employers.

The National Labor Commission is a government body with the mandate of ensuring employers and unions comply with labor law. It also serves as a forum for arbitration in labor disputes.

The law allows unions to conduct their activities without interference and provides reinstatement for workers dismissed under unfair pretenses. It protects trade union members and their officers against discrimination if they organize.

The government generally protected the right to form and join independent unions and to conduct legal strikes and bargain collectively, and workers exercised these rights. Although the Labor Act makes specified parties liable for violations, specific penalties are not set forth. An employer who resorts to an illegal lockout is required to pay the workers’ wages. Some instances of subtle employer interference in union activities occurred. Many unions did not follow approved processes for dealing with disputes, reportedly due to the perceived unfair and one-sided application of the law against the unions. The process is often long and cumbersome, with employers generally taking action when unions threaten to withdraw their services or declare a strike. The National Labor Commission faced obstacles in enforcing applicable sanctions against both unions and employers, including inadequate resources, limited ability to enforce its mandate, and insufficient oversight.

Trade unions engaged in collective bargaining for wages and benefits with both private and state-owned enterprises without government interference. No union completed the dispute resolution process involving arbitration, and there were numerous unsanctioned strikes during the year.

The law prohibits all forms of forced or compulsory labor. Provisions of various laws prescribe fines, imprisonment, and an obligation to perform prison labor as punishment for violations.

The government did not effectively enforce the law. Resources and penalties were insufficient to enforce legislation prohibiting forced labor. In January the government sentenced two individuals who pleaded guilty to child trafficking each to five years’ imprisonment. Two additional individuals were sentenced to one year’s imprisonment for child trafficking. One individual was convicted in May of using child labor and fined 504 cedis ($112). In 2017 the government investigated 92 suspected labor trafficking cases, prosecuted 46 defendants for alleged forced labor, and convicted six individuals under the antitrafficking act; their sentences ranged from one year to five years’ imprisonment. The government also released 730,000 cedis ($162,000) for implementation of its national plan of action for the elimination of human trafficking (2017-21). As of October there were 17 convictions during the year–14 under the child labor law and three under the human trafficking law.

There were indications of forced labor affecting both children and adults in the fishing sector, as well as forced child labor in informal mining, agriculture, domestic labor, porterage, begging, herding, quarrying, and hawking (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum employment age at 15 years, or 13 years for light work unlikely to be harmful to a child or to affect the child’s attendance at school. The law prohibits night work and certain types of hazardous labor for those under age 18 and provides for fines and imprisonment for violators. The law allows for children age 15 and above to have an apprenticeship under which craftsmen and employers have the obligation to provide a safe and healthy work environment along with training and tools.

Inspectors from the Ministry of Employment and Labor Relations were responsible for enforcing child labor regulations. The government, however, did not provide sufficient resources to law enforcement and judicial authorities to carry out these efforts, and penalties were not sufficient to deter violations.

The ILO, government representatives, the Trades Union Congress, media, international organizations, and NGOs continued efforts to increase institutional capacity to combat child labor.

The government continued to work closely with NGOs, labor unions, and the cocoa industry to eliminate the worst forms of child labor in the industry. Through these partnerships the government created several community projects, which promoted sensitization, monitoring, and livelihood improvement.

Authorities did not enforce child labor laws effectively or consistently, and law enforcement officials, including judges, police, and labor officials, were sometimes unfamiliar with the provisions of the law that protected children.

Children as young as four years old were subjected to forced labor in the agriculture, fishing, and mining industries, including informal gold mines, and as domestic laborers, porters, hawkers, and quarry workers. One child protection and welfare NGO estimated that 100,000 children were trapped in forced child labor, almost one-half of whom worked in the Volta Region where, in the fishing industry, they engaged in hazardous work, such as diving into deep waters to untangle fishing nets caught on submerged tree roots. The government does not legally recognize working underwater as a form of hazardous work. In October the Ministry of Fishing and Aquaculture Development launched a strategy to combat child labor and trafficking in the fisheries sector that addresses rescue, rehabilitation, and reintegration of child laborers, as well as prevention of child labor.

Child labor continued to be prevalent in artisanal mining (particularly illegal small-scale mining), fetching firewood, bricklaying, food service and cooking, and collecting fares. Children in small-scale mining reportedly crushed rocks, dug in deep pits, carried heavy loads, operated heavy machinery, sieved stones, and amalgamated gold with mercury.

Child labor was present in cocoa harvesting. Children engaged in cocoa harvesting often used sharp tools to clear land and collect cocoa pods, carried heavy loads, and were exposed to agrochemicals, including toxic pesticides. The government did not legally recognize this type of work in agriculture, including in cocoa, as hazardous work for children.

Child laborers were often poorly paid and physically abused, and they received little or no health care.

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

The government did not effectively enforce prohibitions on discrimination. The law stipulates that an employer cannot discriminate against a person on the basis of several categories, including gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTI persons (see section 6). For example, reports indicated few companies could accommodate the special needs of persons with disabilities in the workplace. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields and accessing education.

In June the government announced it would award 30 percent of government contracts for local companies to persons with disabilities and women, but the means of implementing and enforcing this provision remained uncertain.

A national tripartite committee composed of representatives of the government, labor, and employers set a minimum wage. In July 2018 the committee raised the minimum daily wage by 10 percent to 10.65 cedis (approximately $2.29), effective January 1. There were several cases of companies not complying with the new standard. According to an August report from the Ghana Statistical Service, 8.2 percent of Ghanaians lived in extreme poverty in 2016/2017. The extreme poverty line for an adult in 2017, based on a rebased poverty line and new consumption basket, was 982.20 cedis (approximately $211) per year, or 2.69 cedis per day (approximately $0.58). The maximum workweek is 40 hours, with a break of at least 48 consecutive hours every seven days. Workers are entitled to at least 15 working days of leave with full pay in a calendar year of continuous service or after having worked at least 200 days in a particular year. Such provisions, however, did not apply to task workers or domestic workers in private homes, or elsewhere in the informal sector. The law does not prescribe overtime rates and does not prohibit excessive compulsory overtime.

The government sets industry-appropriate occupational safety and health regulations. By law workers can remove themselves from situations that endanger their health or safety without jeopardy to their employment. This legislation covers only workers in the formal sector, which employed less than 20 percent of the labor force.

The Ministry of Employment and Labor Relations was unable to enforce the wage law effectively. The government also did not effectively enforce health and safety regulations, which are set by a range of agencies in the various industries, including but not limited to the Food and Drugs Authority, Ghana Roads Safety Commission, and Inspectorate Division of the Minerals Commission. The law reportedly provided inadequate coverage to workers due to its fragmentation and limited scope. There was widespread violation of the minimum wage law in the formal economy across all sectors. The minimum wage law was not enforced in the informal sector. Legislation governing working hours applies to both formal and informal sectors. It was largely followed in the formal sector but widely flouted and not enforced in the informal sector.

The small number of labor inspectors was insufficient to enforce compliance. Inspectors were poorly trained and lacked the resources to respond to violations effectively. Inspectors did not impose sanctions and were unable to provide data as to how many violations they responded to during the year. In most cases inspectors gave advisory warnings to employers, with deadlines for taking corrective action. Per regulations, workers are able to remove themselves from hazardous situations without jeopardy to employment, but in practice, few such cases come forward. Penalties were insufficient to enforce compliance.

Approximately 90 percent of the working population was employed in the informal sector, according to the Ghana Statistical Service’s 2015 Labor Force Report, including small to medium-scale businesses such as producers, wholesale and retail traders, and service providers made up of contributing family workers, casual wageworkers, home-based workers, and street vendors. Most of these workers were self-employed persons.

Six construction workers were killed in April when a tunnel roof collapsed at a gold mine in the central region.

Guatemala

Section 7. Worker Rights

The law provides for the right of workers, with the exception of security force members, to form and join trade unions, conduct legal strikes, and bargain collectively. The law, however, places some restrictions on these rights. For example, legal recognition of an industrywide union requires that the membership constitute a majority of the workers in an industry and restricts union leadership to citizens. The law prohibits antiunion discrimination and employer interference in union activities and requires employers to reinstate workers dismissed for organizing union activities. A strike must have the support of the majority of a company’s workforce. Workers are not restricted to membership in one union or one industry.

The president and cabinet may suspend any strike deemed “gravely prejudicial to the country’s essential activities and public services.” The government defined “essential services” more broadly than international standards, thus denying the right to strike to a large number of public workers, such as those working in education, postal services, transport, and the production, transportation, and distribution of energy. Public employees may address grievances by means of conciliation for collective disputes and arbitration directly through the labor courts. For sectors considered essential, arbitration is compulsory if there is no agreement after 30 days of conciliation.

The law prohibits employer retaliation against workers engaged in legal strikes. If authorities do not recognize a strike as legal, employers may suspend or terminate workers for absence without leave. A factory or business owner is not obligated to negotiate a collective bargaining agreement unless at least 25 percent of workers in the factory or business are union members and request negotiations. Once a strike occurs, companies are required to close during negotiations. Strikes have been extremely rare, but work stoppages were common.

The government did not effectively enforce the law. Government institutions, such as the Ministry of Labor and the labor courts, did not effectively investigate, prosecute, or punish employers who violated freedom of association and collective bargaining laws or reinstate workers illegally dismissed for engaging in union activities. The Public Ministry was ineffective in responding to labor court referrals for criminal prosecution in cases where employers refused to comply with labor court orders. Inspectors often lacked vehicles or fuel to carry out inspections, and in some cases they failed to take effective action to gain access to worksites in response to employers’ refusal to permit labor inspectors access to facilities. Inspectors were encouraged to seek police assistance as required. Inspections were generally not comprehensive, and if complaint driven, focused on investigating the alleged violation, rather than attempting to maximize limited resources to determine compliance beyond the individual complaint. Penalties for labor law violations were inadequate and rarely enforced.

In June 2017 passage of Decree 07-2017 restored sanction authority to the Ministry of Labor. Business groups complained the shortened time frame to investigate and verify compliance with Ministry of Labor remediation orders resulted in more cases being referred to the labor courts, without an opportunity to conciliate. The ministry indicated it had collected 1.06 million quetzals in fines ($141,000), but the lack of information about the law’s implementation made it difficult to assess its impact on improving labor law enforcement.

The Special Prosecutor’s Unit for Crimes against Unionists within the Office of the Special Prosecutor for Human Rights in the Public Ministry was responsible for investigating attacks and threats against union members as well as for noncompliance with judicial orders in labor cases. Staffing for the unit has increased, but successful prosecutions remained a challenge. The government reported some 2,000 cases involving noncompliance with labor court orders were under investigation.

An ILO special representative continued to monitor the 2013 roadmap, which includes indicators on increased compliance with reinstatement orders, increased prosecution of perpetrators of violence against trade unionists, reforms to national legislation to conform to Convention 87, and unimpeded registration of trade unions. In November 2017 a tripartite agreement was reached at the ILO, which calls for the formation of a National Tripartite Commission on Labor Relations and Freedom of Association, which would monitor and facilitate implementation of the 2013 ILO roadmap and its 2015 indicators. The commission would report, annually to the governing board and publicly, on progress implementing the ILO roadmap until 2020. In addition to establishing the commission, the parties also committed to submitting to Congress a consensus legislative proposal that would address the long-standing ILO recommendations on freedom of association, collective bargaining, and the right to strike.

The tripartite commission was established in February, but a lack of consensus remained between employers and workers on legislation seeking to address long-standing ILO recommendations related to freedom of association, collective bargaining, and the right to strike, particularly in industry-wide unions. The Ministry of Government convened the Interagency Committee to Analyze Attacks Against Human Rights Defenders, including trade unionists, on a regular basis. NGO participants complained the ministry imposed restrictions on civil society participation in the committee and reduced working-level officials’ authorities to respond to attacks.

Despite these efforts, the country did not demonstrate measurable progress in the effective enforcement of its labor laws, particularly those related to freedom of association and collective bargaining. The ILO noted the need for additional urgent action in several areas related to the roadmap, including investigation and prosecution of perpetrators of trade union violence; the adoption of protection measures for union officials; passage of legislative reforms to remove obstacles to freedom of association and the right to strike; and raising awareness of the rights to freedom of association and collective bargaining, particularly in the apparel and textile industries. The ILO also called for greater compliance with reinstatement orders in cases of antiunion dismissals. Based in large part on the 2017 tripartite agreement, the ILO Governing Body closed the case in November.

Violence and threats against trade unionists and labor activists remained serious problems, with four killings of trade unionists, 20 documented threats, and two violent attacks reported during the year. Authorities did not thoroughly investigate most acts of violence and threats, and by often discarding trade union activity as a motive from the outset of the investigation, allowed these acts to go unprosecuted. Several labor leaders reported death threats and other acts of intimidation. The Public Ministry reported one conviction during the year related to a trade unionist killed in 2012.

Procedural hurdles, union formation restrictions, and impunity for employers refusing to receive or ignoring court orders limited freedom of association and collective bargaining. Government statistics on attempted union registrations indicated most registrations were initially rejected, and when they were issued, it was done outside the legally established period. In addition credentials of union leaders were regularly rejected and delayed. As a result union members were left without additional protections against antiunion retaliation.

Employers routinely resisted union formation attempts, delayed or only partially complied with agreements resulting from direct negotiations, and ignored judicial rulings requiring the employer to negotiate with recognized unions. There were credible reports of retaliation by employers against workers who tried to exercise their rights, including numerous complaints filed with the Ministry of Labor and the Public Ministry alleging employer retaliation for union activity. Common practices included termination and harassment of workers who attempted to form unions, creation of illegal company-supported unions to counter legally established unions, blacklisting of union organizers, and threats of factory closures. Local unions reported businesses used fraudulent bankruptcies, ownership substitution, and reincorporation of companies to circumvent legal obligations to recognize newly formed or established unions, despite legal restrictions on such practices.

The law prohibits all forms of forced or compulsory labor. The government failed to enforce the law effectively in some cases. Reports persisted of men and women subjected to forced labor in agriculture and domestic service. Penalties were inadequate and rarely enforced. Criminal penalties for forced labor range from eight to 18 years’ imprisonment. The government had specialized police and prosecutors handle cases of human trafficking, including forced labor, although local experts reported some prosecutors lacked adequate training. In July 2017 the Public Ministry arrested two sisters who forced six children to beg in the streets for money. The case remained pending at year’s end. There were also other reports of forced child labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law bars employment of minors younger than age 14, although it allows the Ministry of Labor to authorize children younger than age 14 to work in exceptional cases. The ministry’s inspectorate reported it did not authorize any exceptions during the year. The law prohibits persons younger than age 18 from working in places that serve alcoholic beverages, in unhealthy or dangerous conditions, at night, or beyond the number of hours permitted. The legal workday for persons younger than age 14 is six hours; for persons ages 14 to 17, the legal workday is seven hours.

The Ministry of Labor’s Child Worker Protection Unit is responsible for enforcing restrictions on child labor and educating minors, their parents, and employers on the rights of minors. Penalties were not sufficient to deter violations. The government did not effectively enforce the law, a situation exacerbated by the weakness of the labor inspection and labor court systems. The government devoted insufficient resources to prevention programs.

Child labor was a widespread problem. The NGO Conrad Project Association of the Cross estimated the workforce included approximately one million children ages five to 17. Most child labor occurred in rural indigenous areas of extreme poverty. The informal and agricultural sectors regularly employed children younger than age 14, usually in small family enterprises, including in the production of broccoli, coffee, corn, fireworks, gravel, and sugar. Indigenous children also worked in street sales and as shoe shiners and bricklayer assistants.

An estimated 39,000 children, primarily indigenous girls, worked as domestic servants and were often vulnerable to physical and sexual abuse. In the Mexican border area, there were reports of forced child labor in municipal dumps and in street begging.

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

The law explicitly prohibits discrimination with respect to employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, age, and disability. The government did not effectively enforce the law and related regulations.

Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.

The law sets national minimum wages for agricultural and nonagricultural work and for work in garment factories. The minimum wage for agricultural and nonagricultural work and for work in export-sector-regime factories did not meet the minimum food budget for a family of five. Minimum wage earners are due a mandatory monthly bonus of 250 quetzals ($33), and salaried workers receive two mandatory yearly bonuses (a Christmas bonus and a “14th month” bonus), each equivalent to one month’s salary.

The legal workweek is 48 hours with at least one paid 24-hour rest period. Workers are not to work more than 12 hours a day. The law provides for 12 paid annual holidays and paid vacation of 15 days after one year’s work. Daily and weekly maximum hour limits do not apply to domestic workers. Workers in the formal sector receive the standard pay for a day’s work for official annual holidays. Time-and-a-half pay is required for overtime work, and the law prohibits excessive compulsory overtime.

The government sets occupational health and safety standards that were inadequate, not current for all industries, and poorly enforced. The law does not provide for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment.

The Ministry of Labor conducted inspections to monitor compliance with minimum wage law provisions but often lacked the necessary vehicles or fuel to enable inspectors to enforce the law, especially in the agricultural and informal sectors. The ministry did not employ a sufficient number of labor inspectors to deter violations, and many of them performed conciliation or administrative duties rather than clearly defined inspection duties.

Labor inspectors reported uncovering numerous instances of overtime abuse, but effective enforcement was undermined due to inadequate fines and labor courts’ reluctance to use compulsory measures, such as increased fines and referrals to the criminal courts, to obtain compliance. Other factors contributing to the lack of effective enforcement included labor court inefficiencies, employer refusal to permit labor inspectors to enter facilities or provide access to payroll records and other documentation, and inspectors’ lack of follow-up inspections in the face of such refusals. Labor inspectors were not authorized to sanction employers but had to refer alleged violations to the labor courts. Due to inefficient and lengthy court proceedings, the resolution of cases was often delayed, in many instances for several years. Employers failing to provide a safe workplace were rarely sanctioned, and legislation requiring companies with more than 50 employees to provide onsite medical facilities for their workers was not enforced.

Trade union leaders and human rights groups reported employers required workers to work overtime without legally mandated premium pay. Management often manipulated employer-provided transportation to worksites to force employees to work overtime, especially in export processing zones located in isolated areas with limited transportation alternatives. Noncompliance with minimum wage provisions in the agricultural and informal sectors was widespread. Advocacy groups estimated the vast majority of workers in rural areas who engaged in daylong employment did not receive the wages, benefits, or social security allocations required by law. Many employers in the agricultural sector reportedly conditioned payment of the minimum daily wage on excessive production quotas that workers generally were unable to meet. In order to meet the quota, workers felt compelled to work extra hours, sometimes bringing family members, including children, to help with the work. Because of having to work beyond the maximum allowed hours per day, workers received less than the minimum wage for the day and did not receive the required overtime pay. According to ILO statistics, 74 percent of the workforce worked in the informal sector and outside the basic protections afforded by law.

Local unions highlighted and protested violations by employers who failed to pay employer and employee contributions to the national social security system despite employee contribution deductions from workers’ paychecks. These violations, particularly common in export and agricultural industries, resulted in limiting or denying employees’ access to the public health system and reducing or underpaying workers’ pension benefits during their retirement years.

Honduras

Section 7. Worker Rights

The law grants workers the right to form and join unions of their choice, bargain collectively, and strike. It prohibits employer retribution against employees for engaging in trade union activities. The law places a number of restrictions on these rights, such as requiring that a recognized trade union represent at least 30 workers, prohibiting foreign nationals from holding union offices, and requiring that union officials work in the same substantive area of the business as the workers they represent. In 2016 the Ministry of Labor and Social Security (STSS) administratively ruled that seasonal workers could not form a union. The law prohibits members of the armed forces and police, as well as certain other public employees, from forming labor unions.

The law requires an employer to begin collective bargaining once workers establish a union, and it specifies that if more than one union exists at a company the employer must negotiate with the largest.

The law allows only local unions to call strikes, prohibits labor federations and confederations from calling strikes, and requires that a two-thirds majority of both union and nonunion employees at an enterprise approve a strike. The law prohibits workers from legally striking until after they have attempted and failed to come to agreement with their employer, and it requires workers and employers to participate in a mediation and conciliation process. Additionally, the law prohibits strikes in a wide range of economic activities that the government has designated as essential services or that it considers would affect the rights of individuals in the larger community to security, health, education, and economic and social well-being.

The law prohibits certain public service employees from striking. The law permits workers in public health care, social security, staple food production, and public utilities (municipal sanitation, water, electricity, and telecommunications) to strike as long as they continue to provide basic services. The law also requires that public-sector workers involved in the refining, transportation, and distribution of petroleum products submit their grievances to the STSS before striking. The law permits strikes by workers in export processing zones and free zones for companies that provide services to industrial parks, but it requires that strikes not impede the operations of other factories in such parks. The STSS has the power to declare a work stoppage illegal, and employers may discipline employees consistent with their internal regulations, including firing strikers, if the STSS rules that a work stoppage is illegal.

The government did not effectively enforce the law. Although the STSS passed a comprehensive labor inspection law in 2017 that substantially increased fines for violations and updated labor inspector authorities, the STSS had not released implementing regulations despite months of consultation and work with the private sector and unions. By law the STSS may fine companies that violate the right to freedom of association. The law permits a fine of 300,000 lempiras ($12,500) per violation. If a company unlawfully dismisses founding union members or union leaders, the law stipulates that employers must also pay a fine equivalent to six months of the dismissed leaders’ salaries to the union itself. Through August the STSS administered fines of more than 25.3 million lempiras ($1.05 million), including more than 6.1 million lempiras ($254,000) for violations of freedom of association and more than 13.2 million lempiras ($550,000) for obstruction of labor inspectors. Both the STSS and the courts may order a company to reinstate workers, but the STSS lacked the means to verify compliance. While there were cases where a worker was reinstated, such as the reinstatement of a union leader in Tegucigalpa following his unlawful dismissal, the reinstatement process in the courts was unduly long, lasting from six months to more than five years.

Workers had difficulty exercising the rights to form and join unions and to engage in collective bargaining, and the government failed to enforce applicable laws effectively. Public-sector trade unionists raised concerns about government interference in trade union activities, including its suspension or ignoring of collective agreements and its dismissals of union members and leaders.

Although there is no legal requirement that they do so, STSS inspectors generally accompanied workers when they notified their employer of their intent to form a union. In some cases STSS inspectors, rather than workers, directly notified employers of workers’ intent to organize. Workers reported that the presence and participation of the STSS reduced the risk that employers would dismiss the union’s founders and later claim they were unaware of efforts to unionize.

Some employers either refused to engage in collective bargaining or made it very difficult to do so. Some companies also delayed appointing or failed to appoint representatives for required STSS-led mediation, a practice that prolonged the mediation process and impeded the right to strike. There were allegations that companies used collective pacts, which are collective contracts with nonunionized workers, to prevent unionization and collective bargaining because only one collective contract can exist in each workplace. Unions also raised concerns about the use of temporary contracts and part-time employment, suggesting that employers used these mechanisms to prevent unionization and avoid providing full benefits. A Supreme Court ruling requires that both unions and employers notify the STSS of new collective agreements before they go into effect.

Antiunion discrimination continued to be a serious problem. The three major union federations and several civil society groups noted that many companies paid the fines that government authorities imposed but continued to violate the law. Some failed to remedy violations despite multiple visits by STSS inspectors. Local unions, the AFL-CIO’s Solidarity Center, and other organizations reported that some employers harassed union leaders in attempts to undermine union operations. Civil society organizations regularly raised concerns about practices by agricultural companies, particularly in the south. Through September the STSS conducted 308 hygiene and social security inspections and levied fines totaling approximately 5.68 million lempiras ($237,000).

The Solidarity Center reported threats against several labor leaders, including a public-sector labor union leader. Through November, the Solidarity Center documented 11 cases of threats against union leaders.

Labor activists alleged that automotive component producer Honduras Electrical Distribution Systems (Kyungshin Lear) refused to engage in collective bargaining. Some companies in other sectors, including the melon industry, established employer-controlled unions that prevented the formation of independent unions because of legal restrictions on the number of unions and collective bargaining agreements allowed per company.

Several companies in export processing zones had solidarity associations that functioned similarly to company unions for the purposes of setting wages and negotiating working conditions.

The law prohibits all forms of forced labor, but the government did not effectively implement or enforce these laws. Administrative penalties were insufficient to deter violations and were rarely enforced. Penalties for forced labor under antitrafficking law range from 10 to 15 years’ imprisonment, but authorities often did not enforce them. The government investigated several cases of labor trafficking, including forced begging and domestic service.

Forced labor occurred in street vending, domestic service, the transport of drugs and other illicit goods, and other criminal activity. Victims were primarily impoverished individuals in both rural and urban areas (see section 7.c.). The law requiring prisoners to work at least five hours a day, six days a week took effect in 2016. Regulations for implementing the law were still under development as of September. The Ministry of Human Rights stated it was taking every precaution to protect prisoners’ rights and assure that the work provided opportunities for prisoners to develop skills they could use in legal economic activities after their release.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law regulates child labor, sets the minimum age for employment at 14, and regulates the hours and types of work that minors younger than age 18 may perform. By law all minors between ages 14 and 18 must receive special permission from the STSS to work, and the STSS must perform a home study to verify that there is an economic need for the child to work and that the child not work outside the country or in hazardous conditions, including in offshore fishing. The STSS approved 91 such authorizations through September. The vast majority of children who worked did so without STSS permits. If the STSS grants permission, children between 14 and 16 may work a maximum of four hours a day, and those between 16 and 18 may work up to six hours a day. The law prohibits night work and overtime for minors younger than age 18, but the STSS may grant special permission for minors ages 16 to 18 to work in the evening if such employment does not adversely affect their education.

The law requires that individuals and companies that employ more than 20 school-age children at their facilities provide a location for a school.

In 2017 the government took steps to address child labor, including the development of a new protocol for labor inspections to identify child labor, but inadequate resources impeded inspections and enforcement outside of major cities in rural areas where hazardous child labor was concentrated. Fines for child labor are 100,000 lempiras ($4,170) for a first violation and as high as 228,000 lempiras ($9,500) for repeat violations. The law also imposes prison sentences of three to five years for child labor violations that endanger the life or morality of a child. The STSS completed 74 inspections and 19 verification inspections as of September and sanctioned two companies for not correcting noncompliant child labor practices.

Estimates of the number of children younger than age 18 in the country’s workforce ranged from 370,000 to 510,000. Children often worked on melon, coffee, okra, and sugarcane plantations as well as in other agricultural production; scavenged at garbage dumps; worked in the forestry, hunting, and fishing sectors; worked as domestic servants; peddled goods such as fruit; begged; washed cars; hauled goods; and labored in limestone quarrying and lime production. Most child labor occurred in rural areas. Children often worked alongside family members in agriculture and other work, such as fishing, construction, transportation, and small businesses. Some of the worst forms of child labor occurred, including commercial sexual exploitation of children, and NGOs reported that gangs often forced children to commit crimes, including homicide (see section 6, Children).

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

The law prohibits discrimination based on gender, age, sexual orientation, gender identity, political opinion or affiliation, marital status, race or national origin, language, nationality, religion, family affiliation, family or economic situation, disability, health, physical appearance, or any other characteristic that would offend the victim’s human dignity. Penalties include prison sentences of up to five years and monetary fines. The law prohibits employers from requiring pregnancy tests as a prerequisite for employment; violators are subject to a 5,000 lempira ($208) fine. The government did not effectively enforce these laws and regulations.

Many employers discriminated against women. Persons with disabilities, indigenous and Afro-Honduran persons, LGBTI persons, and persons with HIV/AIDS also faced discrimination in employment and occupation (see section 6, Children).

There are 42 categories of monthly minimum wages, based on the industry and the size of a company’s workforce; the minimum average salary was 8,910 lempira ($370). The law does not cover domestic workers.

The law applies equally to citizens and foreigners, regardless of gender, and prescribes a maximum eight-hour shift per day for most workers, a 44-hour workweek, and at least one 24-hour rest period for every six days of work. It also provides for paid national holidays and annual leave. The law requires overtime pay, bans excessive compulsory overtime, limits overtime to four hours a day for a maximum workday of 12 hours, and prohibits the practice of requiring workers to complete work quotas before leaving their place of employment. The law does not protect domestic workers effectively.

Occupational safety and health standards were current but not enforced. By law workers may remove themselves from situations that endanger their health or safety without jeopardizing continued employment. Under the new inspection law, the STSS has the authority temporarily to shut down workplaces where there is an imminent danger of fatalities. There were not enough trained inspectors, however, to deter violations sufficiently.

The STSS is responsible for enforcing the national minimum wage, hours of work, and occupational health and safety laws, but it did so inconsistently and ineffectively. Civil society continued to raise issues of minimum wage violations, highlighting agricultural companies in the south as frequent violators. The 2017 inspection law permits fines of up to 25 percent of the economic damage suffered by workers, 1,000 lempiras ($42) for failing to pay the minimum wage or other economic violations, and 100,000 lempiras ($4,170) for violating occupational safety or health regulations and other law violations. As part of the United States-Honduras Monitoring and Action Plan, the government increased the STSS budget to approximately 79.4 million lempiras ($3.31 million). As of September inspectors conducted 1,435 unannounced inspections. As of November the STSS had 169 labor inspectors.

The STSS reported a significant reduction in company obstruction of labor inspectors, with 226 cases through September. Because labor inspectors continued to be concentrated in Tegucigalpa and San Pedro Sula, full labor inspections and follow-up visits to confirm compliance were far less frequent in other parts of the country. Many inspectors asked workers to provide them with transportation so that they could conduct inspections, since the STSS did not have sufficient resources to pay for travel to worksites. Credible allegations of corruption among labor inspectors continued. Inspectors reportedly failed to respond to requests for inspections to address alleged violations of law, conduct adequate investigations, impose or collect fines when they discovered violations, or otherwise abide by legal requirements.

Authorities did not effectively enforce worker safety standards, particularly in the construction, garment assembly, and agricultural sectors, as well as in the informal economy. Employers rarely paid the minimum wage in the agricultural sector and paid it inconsistently in other sectors. Employers frequently penalized agricultural workers for taking legally authorized days off.

There were reports that both public- and private-sector employers failed to pay into the social security system. The STSS may levy a fine of 100,000 lempiras ($4,170) per infraction against companies that fail to pay social security obligations.

There continued to be reports of violations of occupational health and safety law affecting the approximately 5,000 persons who made a living by diving for seafood such as lobster, conch, and sea cucumber, most from the Miskito indigenous community and other ethnic minority groups in Gracias a Dios Department. These violations included lack of access to appropriate safety equipment. Civil society groups reported that most dive boats held more than twice the craft’s capacity for divers and that many boat captains sold their divers marijuana and crack cocaine to help them complete an average of 12 dives a day, to depths of more than 100 feet. During the year the STSS inspected 27 fishing boats including in La Ceiba, Atlantida Department, and Puerto Lempira, Gracias a Dios Department. Civil society reported an average of 15 deaths per year attributable to unsafe diving practices.

Iraq

Section 7. Worker Rights

The constitution states that citizens have the right to form and join unions and professional associations. The law, however, prohibits the formation of unions independent of the government-controlled General Federation of Iraqi Workers and in workplaces with fewer than 50 workers. The law does not prohibit antiunion discrimination or provide reinstatement for workers fired for union activity. The law allows workers to select representatives for collective bargaining, even if they are not members of a union, and affords workers the right to have more than one union in a workplace. In June the government ratified International Labor Organization Convention 87, Freedom of Association and Protection of the Right to Organize.

The law also considers individuals employed by state-owned enterprises (who made up approximately 10 percent of the workforce) as public-sector employees. CSOs continued to lobby for a trade union law to expand union rights.

Private-sector employees in worksites employing more than 50 workers may form workers committees–subdivisions of unions with limited rights–but most private-sector businesses employed fewer than 50 workers.

Labor courts have the authority to consider labor law violations and disputes, but no information was available concerning enforcement of the applicable law, including whether procedures were prompt or efficient. Strikers and union leaders reported that government officials threatened and harassed them.

The law allows for collective bargaining and the right to strike in the private sector, although government authorities sometimes violated private-sector employees’ collective bargaining rights. Some unions were able to play a supportive role in labor disputes and had the right to demand government arbitration.

Media reported that 3,000 contract workers in the electrical industry formed a union in late 2017 after the government failed to pay five months of wages. After the Ministry of Electricity fired 100 union leaders following initial protests in March, thousands of workers reportedly organized sit-ins at power plants. Protesters reportedly demanded the government reinstate the fired workers, include electrical contract workers in the pension and social security system with the same benefits as permanent workers, and pay them a minimum monthly wage of 400,000 dinars ($335). In May the government acquiesced to these demands and agreed to include all 150,000 public-sector contract workers in the pension and social security system.

The law prohibits all forms of forced or compulsory labor–including slavery, indebtedness, and trafficking in persons–but the government did not effectively monitor or enforce the law. Penalties were not sufficient to deter violations.

Employers subjected foreign migrant workers–particularly construction workers, security guards, cleaners, repair persons, and domestic workers–to forced labor, confiscation of travel and identity documents, restrictions on movement and communications, physical abuse, sexual harassment and rape, withholding of wages, and forced overtime. There were cases of employers withholding travel documents, stopping payment on contracts, and preventing foreign employees from leaving the work site.

Employers subjected women to involuntary domestic service through forced marriages and the threat of divorce, and women who fled such marriages or whose husbands divorced them were vulnerable to social stigma and further forced labor. Female IDPs, single women, and widows were vulnerable to economic exploitation and discriminatory employment conditions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The constitution and law prohibit the worst forms of child labor. In areas under central government authority, the minimum age for employment is 15. The law limits working hours for persons younger than age 18 to seven hours a day and prohibits employment in work detrimental to health, safety, or morals of anyone younger than age 18. The labor code does not apply to juveniles (ages 15 to 18) who work in family-owned businesses producing goods exclusively for domestic use. Since children employed in family enterprises are exempt from some protections in the labor code with regard to employment conditions, there were reports of children performing hazardous work in family-owned businesses.

The law mandates employers bear the cost of annual medical checks for working juveniles (ages 15-18). Children between ages 12 and 15 were not required to attend school, but also not permitted to work; thus, they were vulnerable to the worst forms of child labor. Penalties include imprisonment for a period of 30 days to six months and a fine of up to one million dinars ($838), to be doubled in the case of a repeated offense. Data on child labor was limited, particularly with regard to the worst forms of child labor, a factor that further limited enforcement of existing legal protections.

Child labor, including in its worst forms, occurred throughout the country. For example, 12-year-old Mohammed Salem told AFP in July that, since his father was killed by ISIS, he has supported his mother and himself by selling tissues for 15 hours a day on the street in eastern Mosul. The Iraqi Observatory for Human Rights documented cases of displaced children forced to migrate with their families and subsequently engaged in child labor (see sections 2.d. and 6, Children).

The Ministry of Labor and Social Affairs was charged with enforcing the law prohibiting child labor in the private and public sectors, and labor law enforcement agencies took actions to combat child labor. Gaps existed within the authority and operations of the ministry that hindered labor law enforcement, however, including an insufficient number of labor inspectors and a lack of funding for inspections, authority to assess penalties, and labor inspector training. Inspections continued, and resumed in liberated areas, but due to the large number of IDPs, as well as capacity constraints and the focus on maintaining security and fighting terrorism, law enforcement officials and labor inspectors’ efforts to monitor these practices were ineffective. Penalties for violations did not serve as a deterrent.

In the IKR education is mandatory until age 15, which is also the minimum age for legal employment.

In September a Kurdish human rights group found almost 500 children begging in Sulaimaniyah Governorate, and approximately 2,000 children begging in Erbil Governorate, with the majority of these being IDPs and refugees. The group had no data from Duhok Governorate. The majority were from IDP or refugee families. The KRG Ministry of Labor and Social Affairs estimated that 1,700 children worked in the IKR, often as street vendors or beggars, making them particularly vulnerable to abuse. The KRG Ministry of Labor and Social Affairs operated a 24-hour hotline for reporting labor abuses, including child labor; the hotline received approximately 200 calls per month.

Local NGOs reported that organized gangs also recruited children to beg. The Ministry of Labor and Social Affairs continued a grants program to encourage low-income families to send their children to school rather than to beg in the streets.

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

The constitution provides that all citizens are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status. The law prohibits discrimination based on gender, race, religion, social origin, political opinion, language, disability, or social status. It also prohibits any forms of sexual harassment in the workplace. The government was ineffective in enforcing these provisions. The law does not prohibit discrimination based on age, sexual orientation or gender identity, HIV-positive status, or other communicable diseases. The law allows employers to terminate workers’ contracts when they reach retirement age, which is lower by five years for women. The law gives migrant Arab workers the same status as citizens but does not provide the same rights for non-Arab migrant workers, who faced stricter residency and work visa requirements.

Discrimination in employment and occupation occurred with respect to women, foreign workers, and minorities (see section 6). Media reported in February and June that the availability of foreign workers willing to accept longer hours and lower pay in unskilled positions has increased Iraqi unemployment to approximately 30 percent and led foreign workers to commandeer certain undesired industries such as janitorial services and the food industry, resulting in social stigmatization. Economic analyst Anas Morshed told media in February, “For example, Bangladeshis are most favored for cleaning work, whereas trades and shopping centers prefer to hire Syrians and other Arab nationalities.”

At the beginning of this year, there were seven unions in the IKR, all led by all-male executive boards. In response, the Kurdistan United Workers Union established a separate women’s committee, reportedly supported by local NGOs, to support gender equality and advance women’s leadership in unions in the IKR.

The national minimum wage, set by federal labor law, increased to 350,000 dinars ($293) per month. The law limits the standard workday to eight hours, with one or more rest periods totaling 30 minutes to one hour, and the standard workweek to 48 hours. The law permits up to four hours of overtime work per day and requires premium pay for overtime work. For industrial work, overtime should not exceed one hour per day. The government sets occupational health and safety standards. The law states that for hazardous or exhausting work, employers should reduce daily working hours. The law provides workers the right to remove themselves from a situation endangering health and safety without prejudice to their employment but does not extend this right to civil servants or migrant workers, who together made up the majority of the country’s workforce.

The Ministry of Labor and Social Affairs has jurisdiction over matters concerning labor law, child labor, wages, occupational safety and health topics, and labor relations. The ministry’s occupational safety and health staff worked throughout the country, but the government did not effectively enforce regulations governing wages or working conditions.

The legal and regulatory framework, combined with the country’s high level of violence and insecurity, high unemployment, large informal sector, and lack of meaningful work standards resulted in substandard conditions for many workers. Workplace injuries occurred frequently, especially among manual laborers. A lack of oversight and monitoring of employment contracts left foreign and migrant workers vulnerable to exploitative working conditions and abusive treatment. Little information was available on the total number of foreign workers in the country, although some observers reported that large groups of migrant workers, many of them in the country illegally, lived in work camps, sometimes in substandard conditions.

Jamaica

Section 7. Worker Rights

The law provides for the rights of workers to form or join independent unions and to bargain collectively. The law does not provide for the right to strike, although the constitution provides for the freedom of peaceful assembly and association. Additionally, the law allows all workers to take part, at any appropriate time, in the activities of a trade union of which they are members. The law prohibits antiunion discrimination and provides for the Industrial Disputes Tribunal (IDT) to reinstate a worker if a dismissal is found to be unjustified. The law makes it a criminal offense to prevent or deter a worker from exercising the right to participate in trade union activities or to dismiss, penalize, or otherwise discriminate against a worker for exercising these rights.

There are aspects of the law that inhibit the ability to organize. The government defines 10 categories of services as “essential.” These include water, electricity, health, hospital, sanitation, transportation, firefighting, corrections, overseas telecommunication, and telephone services. Before workers in these categories can legally strike, they must take disputes to the Ministry of Labor and Social Security and allow the ministry to attempt to settle the dispute amicably. The International Labor Organization also raised concerns that this definition of essential services was too broad. Additionally, the government prohibited unionizing in export processing zones, which are industrial areas with special tax and trade incentives to attract foreign investment. This law heavily affected the bauxite industry, which employed thousands of workers.

The law mandates that in the case of any doubt or dispute as to whether workers may exercise bargaining rights, the labor minister must conduct a secret ballot requiring that a majority of workers vote. For unions that represent less than 30 percent of workers eligible to vote, the minister grants joint bargaining rights to two or more unions. The minister of labor may apply through the Supreme Court to curtail an industrial action such as a strike or lockout when the minister deems that industrial action to be harmful to national security or the national economy, or may have the potential to endanger the lives of a substantial number of persons. In such cases the minister refers industrial disputes to compulsory arbitration. The IDT hears cases when management and labor fail to reach agreement, including those involving nonunionized workers.

Although the government generally attempted to enforce the law, firms and other large employers were able to appeal and delay resolution of their cases for years. While cases are, by law, to be resolved within 21 days, the tribunal decided most cases in four to five months. Some took longer to resolve due to the complexity of the dispute or delays requested by involved parties. The IDT decisions are formal and binding unless challenged specifically on a point of law. Parties may apply for judicial review by the Supreme Court. Penalties were marginally sufficient to deter violations, but large firms such as those in the bauxite and construction industry used government influence to shape the court’s decisions.

The government generally respected freedom of association and the right to collective bargaining. Worker organizations operated without interference, although the government maintained the right to monitor their activities. While employers generally respected the law prohibiting antiunion discrimination, some labor unions reported that private-sector workers were fearful of management retaliation against unionization. It was not uncommon for private-sector employers to dismiss union workers and rehire them as contractors.

The law criminalizes all forms of forced or compulsory labor. A national task force on trafficking in persons consisting of government entities continued its governmental and public outreach to sensitize citizens to forced labor and trafficking violations. The law also prohibits the trafficking of children and penalizes perpetrators with a fine or imprisonment.

The country is a source and destination for adults and children subjected to forced labor. Foreign citizens were compelled into forced labor aboard foreign-flagged fishing vessels operating in the country’s waters. More commonly, foreign women were exploited for commercial sex in nightclubs or trafficked into domestic servitude. The penalty for forced labor is imprisonment, a fine, or both, and it was sufficiently stringent to deter violations. While the government investigated some suspected cases of forced labor, it often did not effectively enforce applicable laws.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and provides a minimum age of employment in all sectors. There are limitations on working hours. The government did not effectively enforce the law, and penalties only marginally deterred violations.

The minimum age for general employment is 15, with strict prohibitions on employing children under age 13 in any type of work. The law permits children between ages 13 and 15 to engage in “light work.” While the labor ministry does not have an official definition for this status, it maintained a list of prescribed occupations applicable for those ages 13 to 15.

The government estimated that more than 24,400 children ages five to 14 years old were engaged in child labor. Government agencies did not inspect the informal sector, so the number was likely to be underreported. Children continued to work in farming, fishing, and in public markets. Children were employed as domestic servants in homes or for street work, such as peddling goods, services, begging, and garbage salvaging. In the worst forms of child labor, commercial sexual exploitation remained prevalent. Children were also victims of forced labor in domestic work. Violent gangs used children to courier drugs and weapons, as lookouts, and as armed gunmen.

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

Laws and regulations do not prohibit discrimination on the grounds of sexual orientation or gender identity. There were limited reports of cases filed for discrimination in employment or occupation during the year, but these instances were likely to be underreported. Women’s salaries lagged behind men’s, and persons with disabilities often lacked access to the workplace. Those who were subject to workplace discrimination had little confidence that legal recourse was available to them.

The minimum wage was 7,000 JMD ($53) per week. According to the World Bank, this wage was above the estimate for the poverty income level. Most workers received more than the legal minimum wage, and some minimum-wage earners held two or more jobs.

The law provides for a standard 40-hour workweek and mandates at least one day of rest per week. Employers must compensate work in excess of 40 hours per week at overtime rates, a provision employers generally respected. The law also provides for paid annual holidays. The government did not universally apply the law that restricts workdays to 12 hours or less.

The Industrial Safety Division enforced industrial health and safety standards. It conducted inspections, investigated accidents, warned violators, and gave them a period in which to correct violations. If a violation was not corrected within the given time, the violator was taken to court. The law stipulates penalties and fines, and the minister of labor and social security has the authority to increase any monetary penalty. The government sets occupational safety and health standards, which were appropriate for the main industries in the country.

The government did not effectively enforce the law. Insufficient staffing in the Ministries of Labor and Social Security, Finance and Public Service, and National Security contributed to difficulties in enforcing workplace regulations. Legal fines or imprisonment were marginally sufficient to deter violations, and the labor ministry gained compliance in the vast majority of cases by threatening legal action. The ability of defendants to appeal a case repeatedly in the court system mitigated the effectiveness of penalties. The law has no provisions that explicitly give workers the ability to remove themselves from hazardous conditions without jeopardy to employment.

Unofficial sources estimated that up to 40 percent of citizens worked in the informal sector, where the labor law applied. Most violations pertaining to acceptable conditions of work occurred in the informal sector.

Jordan

Section 7. Worker Rights

The law, including related regulations and statutes, provides for the right to form and join free trade unions and conduct legal strikes, but with significant restrictions. There is no right to collective bargaining, although the labor code provides for collective agreements. The law identifies specific groups of public- and private-sector workers who may organize and defines 17 industries and professions in which trade unions may be established. The establishment of new unions requires approval from the Ministry of Labor and at least 50 founding members. The law requires that these 17 trade unions belong to the government-linked General Federation of Jordanian Trade Unions, the country’s sole trade union federation. The law authorizes additional professions on a case-by-case basis to form professional associations. The law allows foreign workers to join unions, but it does not permit them to form unions or hold union office. Authorities did not permit civil servants to form or join unions, and they cannot engage in collective bargaining. The constitution prohibits antiunion discrimination, and the law protects workers from employer retaliation due to union affiliation or activities. The law does not explicitly provide a worker fired due to antiunion views with the right to reinstatement.

Regulations refer conflicts during negotiations first to informal mediation between the concerned party and the employer. The parties to a conflict proceed in the following sequence until the conflict is resolved: a Ministry of Labor-appointed mediator for 21 days; then the minister of labor; then to a mediation council composed of an employer representative, a labor representative, and a chair appointed by the minister of labor; and finally to a labor court with a panel of ministry-appointed judges for 21 days. There are limits on the right to strike, including a requirement to provide a minimum of 14 days’ notice to the employer. The law prohibits strikes if a labor dispute is under mediation or arbitration. The labor code prevents management from arbitrarily dismissing workers engaged in labor activism or arbitration, but NGOs reported enforcement was inconsistent due to the limited capacity of the 170 labor inspectors.

The government did not fully respect freedom of association and the right to collective bargaining. Many worker organizations were not independent of the government, and government influence on union policies and activities continued.

The government subsidized and audited salaries and activities of the General Federation of Jordanian Trade Unions and monitored union elections. The government denied recognition to independent unions organized outside the structure of the government-approved federation. The government did not meet with these unions, and the lack of legal recognition hampered their ability to collect dues, obtain meeting space, and otherwise address members’ workplace concerns. Labor organizations also reported trouble getting government recognition for trade unions in new sectors beyond the 17 established in law.

There were no reports of threats of violence against union heads, although labor activists alleged that the security services pressured union leaders to refrain from activism that challenged government interests. Strikes generally occurred without advance notice or registration.

Labor organizations reported that some management representatives used threats to intimidate striking workers.

Some foreign workers, whose residency permits are tied to work contracts, were vulnerable to retaliation by employers for participating in strikes and sit-ins. Participation in a legally unrecognized strike counted as an unexcused absence under the law. The law allows employers to consider employment contracts void if a worker is absent more than 10 consecutive days, as long as the employer provides written notice. Labor rights organizations reported instances of refusing to renew foreign workers’ contracts due to attempts to organize in the workplace.

Observers noted that the labor code did not explicitly protect nonunionized workers from retaliation. This was particularly the case for foreign workers in all sectors as well as citizens working in the public sector on short-term contracts (day laborers).

Labor NGOs working to promote the rights of workers generally focused on promoting the rights of migrant workers. Labor NGOs did not face additional or different government restrictions than those discussed in section 2.b.

The law prohibits all forms of forced or compulsory labor except in a state of emergency, such as war or natural disaster. The government made substantial efforts to enforce the law through inspections and other means. Labor activists noted that law enforcement and judicial officials did not consistently identify victims or open criminal investigations.

The government inspected garment factories, a major employer of foreign labor, and investigated allegations of forced labor. Forced labor or conditions indicative of forced labor occurred, particularly among migrant workers in the domestic work and agricultural sectors. In October labor inspectors closed at least three dormitories in the Mafraq Qualified Industrial Zone for conditions that inspectors described as “deplorable.” Activists highlighted the vulnerability of agricultural workers due to minimal government oversight. Activists also identified domestic workers, most of whom were foreign workers, as particularly vulnerable to exploitation due to inadequate government oversight, social norms that excused forced labor, and workers’ isolation within individual homes. NGOs reported the Joint Antitrafficking Unit preferred to settle potential cases of domestic servitude through mediation, rather than referring them for criminal prosecution. High turnover at the unit also reportedly made prosecution more difficult. The government issued domestic helper by-laws in 2015 which regulate the hiring contract terms, the employer responsibilities/rights, and the responsibilities of the recruitment office. Recruitment offices were inspected and found to be violating a rule that prohibits the use of pregnancy tests in hiring practices. The government ordered the end of the practice and took steps to ensure compliance, including distributing materials to recruiting offices on the rights of children born to foreign workers. The government continued to monitor the situation.

Government bylaws require recruitment agencies for migrant domestic workers to provide health insurance, workplace accident insurance, and insurance that reimburses the recruitment fees to employers when a worker leaves before fulfilling the contract. If the employer fails to pay the worker’s salary or to return the worker’s passport, then the employer would not be entitled to the insurance payment. The bylaws authorize the Ministry of Labor publicly to classify recruitment agencies based on compliance and to close and withdraw the license of poorly ranked agencies. As of July the ministry issued warnings to 65 recruitment agencies and transferred 74 cases of domestic helper complaints to the Joint Antitrafficking Unit. A closure recommendation is an internal procedure in which inspectors send their recommendation to close certain recruitment offices with many labor violations to the minister of labor. Based on that recommendation, the minister may issue a closure decision.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law forbids employment of children younger than 16 years old, except as apprentices in nonhazardous positions. The law bans those between the ages of 16 and 18 from working in hazardous occupations, limits working hours for such children to six hours per day, mandates one-hour breaks for every four consecutive working hours, and prohibits work after 8 p.m., on national or religious holidays and on weekends.

There were instances of child labor, and many local and international organizations reported it was on the rise, particularly among Syrian refugees. In 2017 approximately 1.9 percent of the estimated four million children of all nationalities between the ages of five and 14 residing in the country were employed.

The Ministry of Labor’s Child Labor Unit was responsible for coordinating government action regarding child labor in collaboration with the National Committee on Child Labor and, with the ministry’s labor inspectors, was responsible for enforcing all aspects of the labor code, including child labor. Authorities referred violators to the magistrate’s penalty court which handles labor cases; according to the Ministry of Justice, child labor cases are never referred to criminal courts. The law provides that employers who hired a child younger than age 16 pay a fine of as much as 500 JD ($700), which doubles for repeat offenses.

Labor inspectors reportedly monitored cases of legally working children between 16 and 18, to issue advice and guidance, providing safe work conditions, and cooperate with employers to permit working children to attend school concurrently. In accordance with the labor code, the Ministry employed a zero-tolerance policy for labor of children below the age of 16 and hazardous work for children under 18 years old.

The government’s capacity to implement and enforce child labor laws was not sufficient to deter violations. The government had limited capacity to monitor children working in the informal work sector, such as children working in family businesses and the agricultural sector.

The Ministries of Labor, Education, and Social Development collaborated with NGOs seeking to withdraw children from the worst forms of labor.

Syrian refugee children worked in the informal sector without legal work permits. They sold goods in the streets, worked in the agricultural sector, and begged in urban areas.

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

Labor laws do not prohibit discrimination with respect to employment and occupation on the basis of race, sex, gender, disability, language, political opinion, national origin or citizenship, age, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status.

Discrimination in employment and occupation occurred with respect to gender, disability, national origin, and sexual orientation (see section 6).

Union officials reported that sectors employing predominantly women, such as secretarial work, offered wages below the official minimum wage. Many women also reported traditional social pressures discouraged them from pursuing professional careers, especially after marriage. According to a Department of Statistics’ survey on unemployment, economic participation by women was 15.2 percent, and unemployment among women holding a bachelor’s degree was 77.1 percent compared to the overall unemployment rate of 18.7 percent.

Some persons with disabilities faced discrimination in employment and access to the workplace despite the Law on the Rights of Persons with Disabilities which requires 4 percent of a workplace of more than 50 employees to employ persons with disabilities. Some migrant workers faced discrimination in wages, housing, and working conditions irrespective of the labor law (see section 7.e.).

The law provides for a national minimum wage, which was raised to 220 JD ($310) per month from 190 JD ($268).

The law sets a workweek of 48 hours and requires overtime pay for hours worked in excess of that level. Because there was no limit on mutually agreed overtime, the Ministry of Labor reportedly permitted employees in some industries, such as the garment sector, to work as many as 70 to 75 hours per week, although observers reported many foreign workers requested overtime work.

Employees are entitled to one day off per week. The law provides for 14 days of paid sick leave and 14 days of paid annual leave per year, which increases to 21 days after five years of service with the same firm. Workers also received additional national and religious holidays designated by the government. The law permits compulsory overtime under certain circumstances such as conducting an annual inventory, closing accounts, preparing to sell goods at discounted prices, avoiding loss of goods that would otherwise be exposed to damage, and receiving special deliveries. In such cases actual working hours may not exceed 10 hours per day, the employee must be paid overtime, and the period may not last more than 30 days. There is no cap on the amount of mutually agreed overtime.

Employers are required to abide by all occupational health and safety standards set by the government. The law requires employers to protect workers from hazards caused by the nature of the job or its tools, provide any necessary protective equipment, train workers on hazards and prevention measures, provide first aid as necessitated by the job, and protect employees from explosions or fires by storing flammable materials appropriately.

The Ministry of Labor is responsible for enforcement of labor laws and acceptable conditions of work. Ministry inspectors enforced the labor code but were unable to assure full compliance in every case due to lack of capacity and resources. Labor inspectors did not regularly investigate reports of labor or other abuses of domestic workers in private homes, and inspectors could not enter a private residence without the owner’s permission except with a court order. Employees may lodge complaints regarding violations of the labor code directly with the Ministry of Labor or through organizations such as their union or the NCHR. The Ministry opened an investigation for each complaint.

Labor standards apply to the informal sector, but the Ministry of Labor lacked the capacity to detect and monitor workplace violations. Authorities struggled to apply consistently all the protections of the labor code to domestic and agricultural workers, due to the migratory nature of workers in these sectors, cultural barriers preventing direct entry into the workplace, and insufficient number of labor inspectors. Labor organizations stated that many freelancing agricultural and domestic workers, cooks, and gardeners, mostly foreign workers, were not enrolled for social benefits from the Social Security Corporation because only salaried employees were automatically enrolled, and optional enrollment was limited to citizens.

The government took action to prevent violations and improve working conditions. As of July, however, the authorities had not closed a workplace for recruiting foreign workers without work permits. The Ministry of Labor placed a special focus on enforcing compliance in the Qualifying Industrial Zones, where most migrant garment workers were employed. The ratio of labor inspectors to workers or places of employment was significantly higher in these zones than for the general population. The government required garment export manufacturers to participate in the Better Work Jordan program, a global program implemented by the International Labor Organization and the International Finance Corporation to improve labor standards. During the year, all 77 foreign exporting factories required by the government to join Better Work Jordan were active members of the program.

Wage, overtime, safety, and other standards often were not upheld in several sectors, including construction, mechanic shops, day labor, and the garment industry. Some foreign workers faced hazardous and exploitative working conditions in a variety of sectors. Authorities did not effectively protect all employees who attempted to remove themselves from situations that endangered their health and safety. Labor organizations reported that female citizen workers were more likely to encounter labor violations, including wages below the minimum wage and harassment in the workplace.

In the garment sector, foreign workers were more susceptible than citizens to dangerous or unfair conditions. In October labor inspectors traveled to the Industrial Zone in Mafraq to close several dormitories run by textile and garment companies, describing the conditions as “deplorable.” Better Work Jordan stated compliance regarding coercion improved. Indebtedness of migrant garment workers to third parties and involuntary or excessive overtime persisted.

Employers subjected some workers in the agricultural sector, the vast majority of whom were Egyptians, to exploitative conditions. According to a domestic NGO, agricultural workers usually received less than the minimum wage. Some employers in the agricultural sector also reportedly confiscated passports. Egyptian migrant workers were also vulnerable to exploitation in the construction industry; employers usually paid them less than the minimum wage, and they lacked basic training and equipment necessary to uphold occupational health and safety standards.

Domestic workers often faced unacceptable working conditions. While domestic workers could file complaints in person with the Ministry of Labor’s Domestic Workers Directorate or the PSD, many domestic workers complained there was no follow-up on their cases. During the year the Antitrafficking Unit at the PSD began operating its hotline 24 hours per day, seven days a week, with operators available in all languages spoken by migrant workers in the country, including Tagalog, Bengali, and Tamil.

In 2015 the prosecutor general charged a Jordanian woman in Irbid with premeditated murder after she allegedly beat an Indonesian domestic worker in her employ to death. The forensic report showed that the worker died due to brain hemorrhage. The court acquitted the Jordanian woman during the year.

Advocates for migrant domestic workers reported that domestic workers who sought government assistance or made allegations against their employers frequently faced counterclaims of criminal behavior from their employers. Employers could file criminal complaints or flight notifications against domestic workers with police stations. Authorities used a general amnesty waiving immigration overstay fines for workers deported for criminal allegations or unrenewed work permits. The previous process had resulted in an entry ban of three consecutive years.

During the year dozens of domestic workers from the Philippines, Indonesia, and Sri Lanka sought shelter at their countries’ embassies in Amman. Most of the domestic workers reportedly fled conditions indicative of forced labor or abuse, including unpaid wages and, to a lesser extent, sexual or physical abuse. By law, employers are responsible for renewing foreign employees’ residency and work permits but often failed to do so for domestic employees. As a result authorities considered most of the domestic workers sheltered by embassies illegal residents, and many were stranded because they were unable to pay accumulating daily overstay fees to depart the country. The government continued its cooperation with foreign embassies to waive overstay fees for migrant domestic workers who wished to repatriate after a two-year stay in the country, a policy that greatly reduced the number of domestic workers stranded at their embassies’ shelters.

As a result of poor working conditions experienced by some of its citizens, Indonesia continued to prohibit its citizens from traveling to Jordan (among 20 other countries in the region) as domestic workers; the policy has been in effect since 2016. Some human rights organizations argued that these bans heightened the vulnerability of foreign domestic workers who engaged unscrupulous recruitment agencies to migrate illegally to the country.

Kazakhstan

Section 7. Worker Rights

The law provides for workers’ right to unionize, but limits workers’ freedom of association. The trade union law amended in July 2017, restricts workers’ freedom of association by requiring existing independent labor unions to affiliate with larger, progovernment unions at the industry, sector, or regional level and by erecting significant barriers to the creation of independent unions.

In January 2017 a southern regional court cancelled the registration of the Confederation of the Independent Trade Unions of Kazakhstan (CITUK), ordering its liquidation and removal from the national register. The Federation of Trade Unions of the Republic of Kazakhstan (FTUK) is the successor to state-sponsored Soviet-era labor organizations and the largest national trade union association, with approximately 90 percent of union members on its rolls. The government exercised considerable influence on organized labor and favored state-affiliated unions over independent ones. Critics charged that the FTUK was too close to the government to advocate for workers effectively, was biased in favor of large employers and oligarchs, and that the law helped the FTUK in its unfair competition against independent labor unions.

In May the former chair of the Oil Construction Company (OCC) Trade Union, Amin Yeleussinov, who was sentenced to two years in prison in January 2017, was released on parole. Nurbek Kushakbaev, vice-chairperson of CITUK who was sentenced to two and a half years in April 2017, was also released on parole in May. Civil society organizations called for their convictions–as well as that of former chairman of CITUK, Larisa Kharkova–to be vacated. On June 6, the Appeals Court of the Mangystau Region revoked a April 11 ruling of the region’s economic court to close down the OCC Trade Union as illegal and returned the case for further review.

On September 25, police opened a criminal investigation into Yerlan Baltabay, the leader of an independent union of petrochemical workers in Shymkent, following a complaint by a member of his union about financial violations. Police searched Baltabay’s office and interrogated Baltabay without disclosing the nature of the charges against him. On October 18, authorities searched Baltabay’s house and seized documents relating to the union. Human rights observers noted the parallels to the investigation and ultimate conviction of Larisa Kharkova in 2017, and alleged that Baltabay has been targeted for his independent labor union activism.

The law provides for the right of workers to bargain collectively. The law prohibits antiunion discrimination, and a court may order reinstatement of a worker fired for union activity. Penalties for violations of these provisions included fines and imprisonment of up to 75 days, but these penalties did not deter violations. According to the Ministry of Labor and Social Protection, 33.4 percent of working enterprises have collective agreements.

The law provides for the right to strike in principle but imposes onerous restrictions that make strikes unlikely. For example, the right to strike may be granted only after the dispute is brought to a reconciliatory commission for consideration. In addition by law there are a variety of circumstances in which strikes are illegal. A blanket legal restriction bars certain occupations from striking. Military and other security service members, emergency medical, fire, and rescue crews, as well as those who operate “dangerous” production facilities are forbidden to strike. By law such strikes are illegal.

Workers employed in the railway, transport and communications, civil aviation, health-care, and public utilities sectors may strike, but only if they maintain minimum services, do not interrupt nonstop production processes (such as metallurgy), and leave key equipment unaffected. Numerous legal limitations restrict workers’ right to strike in other industries as well. Generally, workers may not strike unless a labor dispute cannot be resolved through compulsory arbitration procedures. Decisions to strike must be taken in a meeting where at least one-half of an enterprise’s workers are present. A written notice announcing a strike must be submitted to the employer at least five days in advance.

Employers may fire striking workers after a court declares a strike illegal. The law also enables the government to target labor organizers whose strikes are deemed illegal, including by imposing criminal charges and up to three years in prison for conviction of participation in strikes declared illegal by the court.

The labor code limits worker rights to make claims on their employers. For example, its Article 12 requires employers to negotiate any labor-related act with official employee representatives. If there are multiple official representatives, they have five days in which to form a unified body to discuss the proposed act. If the group cannot come to consensus, the employer may accept the act without the consent of the employees. Article 52 lists 25 reasons an employer may fire a worker.

Disagreements between unions and their employers may be presented to a tripartite commission composed of representatives of the government, labor unions, and employer associations. State-affiliated and independent labor unions participate in tripartite commissions. The tripartite commission is responsible for developing and signing annual agreements governing most aspects of labor relations.

Foreign workers have the right to join unions, but the law prohibits the operation of foreign unions and the financing of unions by foreign entities, such as foreign citizens, governments, and international organizations. Irregular migrants and self-employed individuals resided in the country were not per se exempt from the law. Approximately two million of the nine million economically active citizens were self-employed in the second quarter of the year.

The law prohibits all forms of forced or compulsory labor, except when it is a consequence of a court sentencing or a condition of a state of emergency or martial law.

The penal code provides for punishment of convicted traffickers and those who facilitate forced exploitation and trafficking, including labor recruiters who hire workers through deliberately fraudulent or deceptive offers with the intent to subject them to forced labor or employers or labor agents who confiscate passports or travel documents to keep workers in a state of involuntary servitude. Conviction of trafficking in persons for the purpose of labor and sexual exploitation is punishable by up to 15 years in prison. Conviction of kidnapping and illegal deprivation of freedom with the purpose of labor or sexual exploitation is punishable by up to 10 years in prison with confiscation of assets; such penalties were sufficient.

The Ministry of Labor and Social Protection is responsible for conducting checks of employers to reveal labor law violations, including exploitation of foreign workers. The Ministry of Internal Affairs is responsible for identifying victims of forced labor and sexual exploitation and initiating criminal proceedings. The government effectively enforced the law in most cases. Police conducted interagency operations to find victims of forced labor. In 2017 police investigated 101 criminal cases on human trafficking, and courts convicted 29 traffickers, including 20 for sexual exploitation, eight for labor exploitation, and one for another violation.

Migrant workers were considered most at risk for forced or compulsory labor. According to a 2016 IOM report, there were an estimated 950,000 migrants in the country, with the majority of migrant workers coming from Uzbekistan, but there were also lesser numbers from Tajikistan and Kyrgyzstan. Migrant workers found employment primarily in agriculture and construction. The Ministry of Labor and Social Protection is responsible for handling issues related to migrant labor. In 2017 the government adopted a new Concept of Migration policy for 2017-2021 and an accompanying implementation plan. Together, these changes addressed both internal and external modern challenges, such as the excess of low-skilled labor due to increased inflow of labor migrants from other Central Asian countries and the deficiency of high-skilled labor in some sectors of the economy due to a low-level of education.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The general minimum age for employment is 16. With parental permission, however, children ages 14 through 16 may perform light work that does not interfere with their health or education. The law prohibits minors from engaging in hazardous work and restricts the length of the workday for employees younger than 18.

The Ministry of Labor and Social Protection is responsible for enforcement of child labor laws and for administrative offenses punishable by fines. The Ministry of Internal Affairs is responsible for investigating criminal offenses and training criminal police in investigating the worst forms of child labor.

The law provides for non-criminal punishments for violations of the law, including written warnings, suspensions, terminations, the withdrawal of licenses for specific types of activities, administrative penalties or fines, and administrative arrest (only by court decision and only up to 15 days for violation of legislation in relation to minors). Such violations include employment of minors without an employment agreement, which is punishable by fine with suspension of the employer’s license. Untimely or incorrect payment of salaries, non-provision of vacation or time off, excessive work hours, and discrimination in the workplace were also punishable by fines.

Prohibitions against the worst forms of child labor include criminal punishment under the penal code. Conviction of violation of minimum age employment in hazardous work is punishable up to five years in prison with or without a three-year ban on specific types of employment and activities. Conviction of engaging minors in pornographic shows or production of materials containing pornographic images of minors is punishable up to 10 years in prison; conviction of coercion of minors into prostitution is punishable up to 12 years in prison; conviction of kidnapping or illegal deprivation of freedom of a minor for the purpose of exploitation and trafficking in minors is punishable up to 15 years in prison, with a lifetime ban on activities and work with children. Such penalties were sufficient to deter violations.

NGOs reported child labor in domestic servitude, markets, construction sites, and activities such as car washes, cultivation of vegetables, and begging. For example, in 2017 seven children were found working in gas stations. Local NGOs indicated that child labor on family farms still exists in the seasonal production of cotton, and at least one child was found working in a cotton field in 2017. Media reported in 2017 a 16-year old boy died in a cotton field due to injuries suffered while loading cotton bales.

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

Law and regulations prohibit discrimination with respect to employment and occupation based on gender, age, disability, race, ethnicity, language, place of residence, religion, political opinion, affiliation with tribe or class, public associations, or property, social, or official status. The law does not specifically prohibit discrimination with respect to employment and occupation based on sexual orientation, gender identity, HIV-positive status, or having other communicable diseases. The government effectively enforced the law and regulations. Discrimination is an administrative offense punishable by a fine up to 481,000 tenge ($1,332). Some cases like illegal termination of labor contracts due to pregnancy, disability, or minority are considered a criminal offense and are punishable if convicted by fine, detention for up to 50 days’, or deprivation of the right to hold certain posts or engage in certain work-related activities.

Discrimination, however, occurred with respect to employment and occupation for persons with disabilities, orphans, and former convicts. Disability NGOs reported that despite government efforts, obtaining employment was difficult for persons with disabilities. The law does not require equal pay for equal work for women and men. NGOs reported no government body assumed responsibility for implementing antidiscrimination legislation and asserted the law’s definition of gender discrimination does not comply with international standards. More women than men were self-employed or underemployed relative to their education level.

During the year the national monthly minimum wage was comparable to the monthly subsistence income level. As of August 1.3 million citizens of a nine-million person workforce were not registered as either employed or unemployed, meaning that they likely work in the informal economy. These workers are concentrated in the retail trade, transport services, agriculture, real estate, beauty and hair dressing salons, and laundry and dry cleaning businesses. Small entrepreneurs and their employees for the most part work without health, social, or pension benefits.

The law stipulates the normal workweek should not exceed 40 hours and limits heavy manual labor or hazardous work to no more than 36 hours per week. The law limits overtime to two hours per day, or one hour per day for heavy manual labor, and requires overtime to be paid at least at a 50-percent premium. The law prohibits compulsory overtime and overtime for work in hazardous conditions. The law provides that labor agreements may stipulate the length of working time, holidays, and paid annual leave for each worker.

The government sets occupational health and safety standards. The law requires employers to suspend work that could endanger the life or health of workers and to warn workers about any harmful or dangerous work conditions or the possibility of any occupational disease. The law specifically grants workers the right to remove themselves from situations that endanger their health or safety without suffering adverse employment action.

Overtime pay for holiday and after-hours work is equal to 1.5 times regular salary. The decision on pay is made by the employer or in compliance with a collective agreement, and the amount of pay is based on so-called industry-specific wage multipliers, stipulated by the industrial agreements.

On July 18, the Supreme Court ruled in favor of China National Petroleum Corporation-AktobeMunayGas, owned by China National Petroleum Corporation, which in February 2017 reduced the environmental allowance for 403 workers who reside in the ecologically challenging Aral Sea area from 50 percent to 20 percent. The company, supported by the Ministry of Labor and Social Protection, argued that only workers who both reside and work in the Aral Sea area are entitled to a 50 percent allowance. Those who resided in the Aral Sea area, but worked elsewhere, may claim only the 20 percent allowance.

The Ministry of Labor and Social Protection enforces the minimum wage, work-hour restrictions, overtime, and occupational safety and health standards. Under the entrepreneur code, labor inspectors have the right to conduct announced and unannounced inspections of workplaces to detect violations. Both types of inspections take place only after written notification. Inspections based on risk assessment reports are announced in writing not less than 30 days prior the beginning of the inspection. There has been a presidential moratorium on announced inspections since 2014. Unplanned inspections are announced not less than one day prior the beginning of the inspection. The resources of labor inspectors are limited. Ministry inspectors conducted random inspections of employers. As of March inspectors conducted 1,364 inspections, detected 2,104 violations of labor law, and levied 365 fines for a total amount of 64.3 million tenge (close to $178,000). In 2017 the ministry had 258 labor inspectors.

The Human Rights Commission reported that the number of inspectors was insufficient. Moreover, the 2015 labor code introduced so-called employer’s declarations. Under this system, labor inspectors may extend a certificate of trust to enterprises that complied with labor legislation requirements. Certified enterprises are exempt from labor inspections for the three-year period. In the opinion of labor rights activists, such a practice may worsen labor conditions and conceal problems. By law any enterprise or company may form a production council to address labor safety issues from representatives of an employer and employees. These councils are eligible to conduct their own inspections of the employees’ work conditions. As of January there were 12,855 production councils operating in the country. Formal training was provided to 10,952 of 17,914 volunteer labor inspectors.

There were reports some employers ignored regulations concerning occupational health and safety. Occupational safety and health conditions in the construction, industrial, and agricultural sectors often were substandard. Workers in factories sometimes lacked quality protective clothing and sometimes worked in conditions of poor visibility and ventilation. As of September the government reported 975 workplace injuries, of which 133 resulted in death. The government attributed many labor-related deaths to antiquated equipment, insufficient detection and prevention of occupational diseases in workers engaged in harmful labor, and disregard for safety regulations. The most dangerous jobs were in mining, construction, and oil and gas, according to an expert analysis of occupations with the highest fatalities. The minister of labor and social protection reported that in 2017, 370,000 workers labored in hazardous conditions.

Some companies tried to avoid payments to injured workers. Critics reported that employers, the FTUK, and the Ministry of Labor and Social Protection were more concerned with bureaucracy and filling out reports on work-related accidents, than with taking measures to reduce their number. A minimal noncompliance with labor safety requirements may result in a company’s refusal to compensate workers for industrial injuries. In 30 percent of cases, workers themselves were blamed for violating occupational health and safety regulations.

Kenya

Section 7. Worker Rights

The law provides for the right of workers, including those in export processing zones (EPZs), to form and join unions of their choice and to bargain collectively. For the union to be recognized as a bargaining agent, it needs to represent a simple majority of the employees in a firm eligible to join the union. This provision extends to public and private sector employees. Members of the armed forces, prisons service, and police are not allowed to form or join trade unions.

The law permits the government to deny workers the right to strike under certain conditions. For example, the government prohibits members of the military, police, prison guards, and the National Youth Service from striking. Civil servants are permitted to strike following a seven-day notice period. A bureau of the Ministry of Labor, Social Security, and Services (Ministry of Labor) then typically referred disputes to mediation, fact-finding, or binding arbitration at the Employment and Labor Relations Court, a body of up to 12 judges which has exclusive jurisdiction to handle employment and labor matters and which operates in urban areas, including Nairobi, Mombasa, Nyeri, Nakuru, Kisumu, and Kericho. In 2016 the Judiciary granted High Court status to the Employment and Labor Relations Court. It is illegal for parties involved in mediation to strike. Additionally, the ministry’s referral of a dispute to the conciliation process nullifies the right to strike.

By law workers who provide essential services, interpreted as “a service the interruption of which would probably endanger the life of a person or health of the population,” may not strike. Any trade dispute in a service listed as essential or declared an essential service may be adjudicated by the Employment and Labor Relations Court.

Strikes must concern terms of employment, and sympathy strikes are prohibited.

The law permits workers in collective bargaining disputes to strike if they have exhausted formal conciliation procedures and have given seven days’ notice to the government and the employer. Conciliation is not compulsory in individual employment matters. Security forces may not bargain collectively but have an internal board that reviews salaries. Informal workers may establish associations, or even unions, to negotiate wages and conditions matching the government’s minimum wage guidelines as well as to advocate for better working conditions and representation in the Employment and Labor Relations Court. The bill of rights in the constitution allows trade unions to undertake their activities without government interference, and the government generally respected this right.

The law prohibits antiunion discrimination and provides for reinstatement of workers dismissed for union activity. The Employment and Labor Relations Court can order reinstatement and damages in the form of back pay for employees wrongfully dismissed for union activities. Labor laws apply to all groups of workers.

The government enforced the decisions of the Employment and Labor Relations Court inconsistently. Many employers did not comply with reinstatement orders, and some workers accepted payment in lieu of reinstatement. In several cases, employers successfully appealed the Employment and Labor Relations Court’s decisions to a branch of the High Court. The enforcement mechanisms of the Employment and Labor Relations Court remained weak, and its case backlog raised concerns about the long delays and lack of efficacy of the court.

The Employment and Labor Relations Court received many cases arising from the implementation of new labor laws. The parties filed the majority of cases directly without referral to Ministry of Labor for conciliation. In 2016-17, the number of filed cases increased to 6,082, while the number of cases settled more than doubled to 3,668. As of June 2017, 13,723 cases were pending in up from 11,309 cases at the end of 2015-16. The total Collective Bargaining Agreements registered in 2017 were 411, compared with 268 in 2016. The government established the court to provide for quick resolution of labor disputes, but backlog cases dated to 2007.

The chief justice designated all county courts presided over by senior resident magistrates and higher-ranking judges as special courts to hear employment and labor cases. Providing adequate facilities outside of Nairobi was challenging, but observers cited the ability of workers to submit labor-related cases throughout the country as a positive step. In 2016 the Judiciary finalized the Employment and Labor Relations (Procedure) Rules. The significant changes introduced in the new Court procedure rules provide parties access to file pleadings directly in electronic form, new pretrial procedures, and alternative dispute resolution. The rules also set a 30-day time limit for the court to submit a report on disagreements over Collective Bargaining Agreements filed.

The government generally respected freedom of association and the right to bargain collectively, although enforcement was inconsistent. The government expressed its support for union rights mandated in the constitution.

Migrant workers often lacked formal organization and consequently missed the benefits of collective bargaining. Similarly, domestic workers and others who operated in private settings were vulnerable to exclusion from legal protections, although domestic workers unions exist in the country to protect their interests. The Ministry of East African Community and Northern Corridor claimed all employees are covered by the existing labor laws, and the ministry continued to advise domestic workers on the terms of their contracts, especially when their terms and conditions of work are violated.

In 2016 the government deployed labor attaches to Qatar, Saudi Arabia, and the United Arab Emirates (UAE) to regulate and coordinate contracts of Kenyan migrant workers and promote overseas job opportunities. The Ministry of East African Community and Northern Corridor also helped Kenyan domestic workers understand the terms and conditions of their work agreements. The government signed two bilateral agreements for employment opportunities with Saudi Arabia and Qatar, and the ministry’s negotiations continued with UAE. The ministry also established a directorate to regulate the conduct of labor agents for Kenyan migrant workers, including requiring the posting of a 500,000 shilling ($5,000) performance guarantee bond for each worker.

The survival of trade unions was threatened by the misuse of internships and other forms of transitional employment, with employers often not hiring employees after an internship ends. State agencies increasingly outsourced jobs to the private sector, and in the private sector, casual workers were employed on short-term contracts. This shift contributed to declining numbers in trade unions. NGOs and trade unionists reported replacement of permanent positions by casual or contract labor, especially in the EPZs, the Port of Mombasa, and in the agricultural and manufacturing sectors. In some cases cited, employers staffed permanent jobs with rotating contract workers. This practice occurred at the management level as well, where employers hired individuals as management trainees and kept them in these positions for the maximum permitted period of three years. Instead of converting such trainees to permanent staff, employers replaced them with new trainees at the end of the three years.

Workers exercised the right to strike. The health sector witnessed industrial strikes that began in the fourth quarter of 2016 and lasted well into 2017. The doctors’ strike lasted until March 2017, leading to disruption of public health care service delivery and temporary detention of seven union officials. Strikes involving Kenya National Union of Nurses in various counties continued until November 2017. The government agreed to pay withheld back salaries; authorized a collective bargaining agreement; agreed to pay for nurses’ uniforms and to provide a risk allowance; and announced it would drop all pending disciplinary cases against nurses resulting from the strikes. Clinical Officers supporting the health sector also went on a short-lived strike lasting three weeks before a court heard their grievances in October. University lecturers went on strike three times during the academic year, demanding full implementation of the 2013-2017 Collective Bargaining Agreement, which was resolved in December 2017.

The law prohibits most forms of forced or compulsory labor, including by children. The country made moderate advances to prevent or eliminate forced labor.

The government did not effectively enforce the law and some forced labor occurred. Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not sufficient to deter violations. Violations included debt bondage, trafficking of workers, and compulsion of persons, even family members, to work as domestic servants. The government prosecuted 59 cases of forced labor, primarily in cattle herding, street vending, begging, and agriculture in 2017. Domestic workers from Uganda, herders from Ethiopia, and others from Somalia, South Sudan, and Burundi were subjected to forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for work (other than apprenticeships) is 16, and the minimum age for hazardous work is 18. These protections, however, only extend to children engaged under formal employment agreements, and do not extend to those children working informally. The ministry, in collaboration with the International Labor Organization (ILO), the international donor community, and NGOs, published a list of specific jobs considered hazardous that would constitute the worst forms of child labor in 2014. This list includes but is not limited to scavenging, carrying stones and rocks, metalwork, working with machinery, mining and stone crushing. The law explicitly prohibits forced labor, trafficking, and other practices similar to slavery; child soldiering; prostitution; the use, procuring, or offering of a child for the production of pornography or for pornographic performances; and the use by an adult for illegal activities (such as drug trafficking) of any child up to age 18. The law applies equally to girls and boys.

The law allows children ages 13 to 16 to engage in industrial undertakings when participating in apprenticeships. Industrial undertakings are defined under law to include work in mines, quarries, factories, construction, demolition, and transportation, which the list for children includes as hazardous work.

The law provides for penalties for any person who employs, engages, or uses a child in an industrial undertaking in violation of the law. Fines in the formal sector were generally enough to deter violations. Employment of children in the formal industrial wage sector in violation of the Employment Act was rare. The law does not prohibit child labor for children employed outside the scope of a contractual agreement. Child labor in the informal sector was widespread but difficult to monitor and control.

The Ministry of Labor enforces child labor laws, but enforcement remained inconsistent due to resource constraints. Supplementary programs, such as the ILO-initiated Community Child Labor monitoring program, helped provide additional resources to combat child labor. These programs identified children who were working illegally, removed them from hazardous work conditions, and referred them to appropriate service providers. The government also worked closely with the Central Organization of Trade Unions, and the Federation of Kenyan Employers to eliminate child labor.

In support of child protection, the Ministry of Labor launched a national online database system in May 2017. The Child Protection Information Management System collects, aggregates and reports on child protection data that informs policy decisions and budgeting for orphans and vulnerable children. The web-based system allows for an aggregate format of data to be made available to all the child protection stakeholders. In 2017 two new Child Rescue Centers were established in Siaya and Kakamega counties, bringing the total number of these centers to eight. Child Rescue Centers withdraw and rehabilitate child laborers and provide counseling and life skills training.

The government continued to implement the National Safety Net Program for Results, a project seeking to establish an effective national safety net program for poor and vulnerable households, and the Decent Work Country Program, a project designed to advance economic opportunities. Under these programs, the government pays households sheltering orphans or other vulnerable children to deter the children from dropping out of school and engaging in forced labor. For example, there have been some cases reported in Western Kenya of girls dropping out of secondary school and engaging in sex work in order to afford basic supplies.

According to a 2016 UNICEF study, 26 percent of children between ages 14 and under (almost 5 million children) engaged in child labor. Many children worked on family plots or in family units on tea, coffee, sugar, sisal, tobacco, and rice plantations, as well as in the production of miraa (khat). Children worked in mining, including in abandoned gold mines, small quarries, and sand mines. Children also worked in the fishing industry. In urban areas businesses employed children in hawking, scavenging, carrying loads, fetching and selling water, and selling food. Children often worked long hours as domestic servants in private homes for little or no pay, and there were reports of physical and sexual abuse of child domestic servants. Parents sometimes initiated forced or compulsory child labor, such as in agricultural labor and domestic service, but also including prostitution.

Most of the trafficking of children within the country appeared related to domestic labor, with migrant children trafficked from rural to urban areas.

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

The law prohibits discrimination but does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; tax relief and incentives for such persons and their organizations; and reserves 30 percent of public procurement tenders for women, youth, and persons with disabilities.

The government did not effectively enforce the law. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, had slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but women more commonly reported it. Women who tried to establish their own informal businesses were subjected to discrimination and harassment. One study of women street vendors in Nairobi found harassment was the main mode of interaction between street vendors and authorities. The study noted that demands for bribes by police amounting to three to 8 percent of a vendor’s income as well as sexual abuse were common.

In an audit of hiring practices released in 2016, the NCIC accused many county governors of appointing and employing disproportionate numbers of the dominant tribe in their county. According to the commission, 15 of the 47 counties failed to include a single person from a minority tribe either on the county’s public service board or as county executive committee members. For example, all 10 of West Pokot’s committee members were Pokots. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Some counties, for example Nairobi City County, were notable for apportioning roles inclusively. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).

In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group.

Due to societal discrimination, there were limited employment opportunities for persons with albinism. The law provides protection for persons with disabilities against employment discrimination, although in practice many persons with disabilities faced challenges in finding and obtaining employment. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.

Regulation of wages is part of the Labor Institutions Act, and the government established basic minimum wages by occupation and location, setting minimum standards for monthly, daily, and hourly work in each category. The minimum wage for a general laborer was 12,926 shillings ($128) per month. The average minimum wage for skilled workers was 18,274 shillings ($181) per month. The government increased the lowest agricultural minimum wage for unskilled employees to 7,323 shillings ($73) per month, excluding housing allowance. Agricultural workers were underpaid compared with other sectors. Minimum wages exceeded the World Bank poverty rate of $1.90 per day.

The Ministry of Labor implemented various social protection programs under the Social Safety Net Program, such as a cash transfer for orphaned and vulnerable children, a cash transfer program for the elderly, and a cash transfer program for persons with disabilities. These programs reached 874,806 households.

The law limits the normal workweek to 52 hours (60 hours for night workers); some categories of workers had lower limits. It specifically excludes agricultural workers from such limitations. It entitles an employee in the nonagricultural sector to one rest day per week and 21 days of combined annual and sick leave. The law also requires that total hours worked (regular time plus overtime) in any two-week period not exceed 120 hours (144 hours for night workers) and provides premium pay for overtime.

The government did not effectively enforce the law. Authorities reported workweek and overtime violations. Workers in some enterprises, particularly in the EPZs and those in road construction, claimed employers forced them to work extra hours without overtime pay to meet production targets. Hotel industry workers were usually paid the minimum statutory wage, but employees worked long hours without compensation. Additionally, employers often did not provide nighttime transport, leaving workers vulnerable to assault, robbery, and sexual harassment.

The law details environmental, health, and safety standards. The Labor Ministry’s Directorate of Occupational Health and Safety Services has the authority to inspect factories and work sites, but employed an insufficient number of labor inspectors to conduct regular inspections. Fines generally were insufficient to deter violations.

The directorate’s health and safety inspectors can issue notices against employers for practices or activities that involve a risk of serious personal injury. Employers may appeal such notices to the Factories Appeals Court, a body of four members, one of whom must be a High Court judge. The law stipulates that factories employing 20 or more persons have an internal health and safety committee with representation from workers. According to the government, many of the largest factories had health and safety committees.

The law provides for labor inspections to prevent labor disputes, accidents, and conflicts and to protect workers from occupational hazards and disease by ensuring compliance with labor laws. Low salaries and the lack of vehicles, fuel, and other resources made it very difficult for labor inspectors to do their work effectively and left them vulnerable to bribes and other forms of corruption. Labor inspections include a provision for reporting on persons with disabilities. The Employment Act of 2007 prohibits discrimination against an employee on the basis of disability.

The law provides social protections for workers employed in the formal and informal sectors. Informal workers organized into associations, cooperatives, and, in some cases, unions. All Kenyan employers, including those in the informal sector, are required to contribute to the National Hospital Insurance Fund and the National Social Security Fund; these provide health insurance and pensions. According to the 2015-2017 Kenya Economic Survey, the informal sector employed 11.81 million persons in 2016, compared with 2.42 million in the formal sector.

Workers, including foreigners and immigrants, have the legal right to remove themselves from situations that endanger health or safety without jeopardy to their employment. The Ministry of Labor did not effectively enforce these regulations, and workers were reluctant to remove themselves from working conditions that endangered their health or safety due to the risk of losing their jobs. The Kenya Federation of Employers provided training and auditing of workplaces for health and safety practices.

Kuwait

Section 7. Worker Rights

The law protects the right of Kuwaiti workers to form and join trade unions, bargain collectively, and conduct legal strikes, with significant restrictions. The government, however, did not always respect these rights.

The law does not apply to public-sector employees, domestic workers, or maritime employees. Discrete labor laws set work conditions in the public and private sectors, with the oil industry treated separately. The law permits limited trade union pluralism at the local level, but the government authorized only one federation, the Kuwait Trade Union Federation (KTUF). The law also stipulates any new union must include at least 100 workers and that at least 15 must be citizens.

The law provides workers, except for domestic workers, maritime workers, and civil servants, a limited right to collective bargaining. There is no minimum number of workers needed to conclude such agreements.

Public-sector workers do not have the right to strike. Citizens in the private sector have the right to strike, although cumbersome provisions calling for compulsory negotiation and arbitration in the case of disputes limit that right. The law does not prohibit retaliation against striking workers or prevent the government from interfering in union activities, including the right to strike.

According to the PAM, there were 2.75 million workers in the country. Only 17.7 percent of the total workforce were citizens. Most citizens (78 percent) worked in the public sector, in part because the government provided lucrative benefits to citizens, including generous retirement funding.

The law prohibits antiunion discrimination and employer interference with union functions. It provides for reinstatement of workers fired for union activity. Nevertheless, the law empowers the courts to dissolve any union for violating labor laws or for threatening “public order and morals,” although a union can appeal such a court decision. The Ministry of Social Affairs and Labor can request the Court of First Instance to dissolve a union. Additionally, the emir may dissolve a union by decree.

Foreign workers, who constituted more than 80 percent of the workforce, may join unions only as nonvoting members after five years of work in the particular sector the union represents, provided they obtain a certificate of good conduct and moral standing from the government. They cannot run for seats or vote in board elections. Both the International Labor Organization and the International Trade Union Confederation criticized the citizenship requirement for discouraging unions in sectors that employ few citizens, including much of private-sector employment, such as construction.

The government enforced applicable laws, with some exceptions, and procedures were generally not subjected to lengthy delay or appeals.

The government treated worker actions by citizens and noncitizens differently. While citizens and public sector union leaders and workers faced no government repercussions for their roles in union or strike activities, companies directly threatened noncitizen workers calling for strikes with termination and deportation.

The law prohibits and criminally sanctions forced or compulsory labor “except in cases specified by law for national emergency and with just remuneration.” Although the law prohibits withholding of workers’ passports, the practice remained common among sponsors and employers of foreign workers and the government demonstrated no consistent efforts to enforce this prohibition. Employers confined some domestic and agricultural workers to their workspaces by retaining their passport and, in the case of some domestic workers, locked them in their work locations. Workers who fled abusive employers had difficulty retrieving their passports, and authorities deported them in almost all cases. The government usually limited punishment to assessing fines, shutting employment firms, issuing orders for employers to return withheld passports, or requiring employers to pay back wages.

Over the last year, 3,600 Indian workers were stranded in the country when the Kharafi National Company declared bankruptcy on one of its largest projects and stopped paying workers. In July more than 700 of the Indian workers were forced to leave the country without their earned salaries after the Indian government negotiated with the PAM a 250 dinars ($825) relief amount to purchase air tickets for repatriation to India and have their travel bans lifted. According to officials the PAM selected the 700 workers that received the relief stipend based on their sponsorship status with Kharafi National Company, complaints lodged with the PAM, and willingness to leave the country between November and April without the payment of earned salaries. Some of the workers who remained in the country were able to find new sponsors and take on new work.

As of April, PAM inspectors in collaboration with residency affairs detectives raided 206 fake and inactive companies that had approximately 4,000 workers under their sponsorship. These companies were found to be in violation of residency laws. The owners of fake companies were referred to the public prosecution, and the courts fined them more than one million dinars ($3.3 million) in penalties.

In July the Ministry of Social Affairs and Labor indicated that approximately 7,200 court rulings were issued against fake companies involved in visa trafficking since 2014. The total amount of fines collected from those companies exceeded 12 million dinars ($40 million), an average of 1,700 dinars (approximately $5,600) per company. In August the PAM reported it had won more than 500 cases against visa traffickers. These companies were founded solely to sell visas to foreign workers; once the workers were registered to the fake companies, they become unemployed, worked as marginal workers, or were trafficked.

Some incidents of forced labor and conditions indicative of forced labor occurred, especially among foreign domestic and agricultural workers. Such practices were usually a result of employer abuse of the sponsorship system (kafala) for noncitizen workers. Employers frequently illegally withheld salaries from domestic workers and minimum-wage laborers.

Domestic servitude was the most common type of forced labor, principally involving foreign domestic workers employed under the sponsorship system, but reports of forced labor in the construction and sanitation sectors also existed. Forced labor conditions for migrant workers included nonpayment of wages, long working hours, deprivation of food, threats, physical and sexual abuse, and restrictions on movement, such as withholding passports or confinement to the workplace. As of July employers filed 4,500 “absconding” reports against private sector employees. Domestic workers have filed approximately 240 complaints against their employers in accordance with the domestic labor law. Numerous domestic workers who escaped from abusive employers reported waiting several months to regain passports, which employers illegally confiscated when they began their employment.

The PAM operated a shelter for abused domestic workers. As of October, according to a government source, the shelter had a capacity of 500 victims. It housed as many as 450 residents in April before the residency amnesty that removed travel bans from workers seeking to return home. According to the latest report, 145 workers were resident at the shelter.

A government owned company for recruiting domestic workers officially launched its services in 2017 and initially planned to bring 120 domestic workers a month from the Philippines and approximately 100 male workers from India. In November the government-owned company, which is mandated to provide training for domestic workers and cut out middlemen to lower recruitment fees for employers, announced new agreements with India and the Philippines to start bringing workers. The target recruitment fee is between 350 and 895 dinars (approximately $1,150 and $3,000) per worker, depending on experience and skillset. The government regularly conducted information awareness campaigns via media outlets and public events and otherwise informed employers to encourage compliance by the public and private recruiting companies with the new law.

There were numerous media reports throughout the year of sponsors abusing domestic workers or significantly injuring them when they tried to escape; some reports alleged that abuse resulted in workers’ deaths. Female domestic workers were particularly vulnerable to sexual abuse. Police and courts were reluctant to prosecute citizens for abuse in private residences but prosecuted serious cases of abuse when reported. According to a high-level government official, authorities prosecuted several cases of domestic worker abuse. In November a local woman was charged with premeditated murder and trafficking in persons for beating her domestic worker to death.

In February the case of Joanna Demafelis, a Filipina domestic worker killed and left in an apartment freezer by her Syrian and Lebanese employers highlighted the plight of domestic workers in the country. The employers of the Filipina domestic worker, who had fled the country, were arrested in February in Syria and Lebanon following an Interpol manhunt and faced extradition to Kuwait. The Criminal Court sentenced the pair in their absence to death by hanging.

Numerous media reports highlighted the problem of visa trading, where companies and recruitment agencies work together to “sell” visas to prospective workers. Often the jobs and companies attached to these visas do not exist, and the workers were left to be exploited and find work in the black market to earn a living and pay the cost of the residency visa. Arrests of visa traffickers and illegal labor rings occurred almost weekly. Since workers cannot freely change jobs, they were sometimes willing to leave their initial job due to low wages or unacceptable working conditions and enter into an illegal residency status with the hope of improved working conditions at another job.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits child labor. The legal minimum age for employment is 18, although employers may obtain permits from the Ministry of Social Affairs and Labor to employ juveniles between 15 and 18 in some nonhazardous trades. Juveniles may work a maximum of six hours a day with no more than four consecutive hours followed by a one-hour rest period. Juveniles cannot work overtime or between 7 p.m. and 6 a.m.

Although not extensive, there were credible reports that children of South Asian origin worked as domestic laborers. Some underage workers entered the country on travel documents with falsified birth dates.

The government made efforts to enforce laws regulating child labor. Approximately 450 PAM labor and occupational safety inspectors routinely monitored private firms for labor law compliance, including laws against child labor. Noncompliant employers faced fines or a forced suspension of their company operations. Nevertheless, the government did not consistently enforce child labor laws in the informal sector, such as in street vending.

The law prohibits discrimination in employment based on race, sex, gender, and disability. The government immediately deports HIV-positive foreign workers, and there is no protection for workers based on sexual orientation. No laws prohibit labor discrimination based on non-HIV communicable diseases, or social status, but there were no reported cases of discrimination in these areas. Discrimination in employment and occupation occurred with respect to both citizen and noncitizen women. Female domestic workers were at particular risk of discrimination or abuse due to the isolated home environment in which they worked.

Shia continued to report government discrimination based on religion. For example, Shia were represented in police force and military/security apparatus, although not in all branches and often not in leadership positions. Some Shia continued to allege that a glass ceiling of discrimination prevented them from obtaining leadership positions in public-sector organizations, including the security services. In the private sector, Shia were generally represented at all levels in proportion to their percentage of the population.

The law states that a woman should receive “remuneration equal to that of a man provided she does the same work,” although it prohibits women from working in “dangerous industries” and in trades “harmful” to health. Educated women contended the conservative nature of society restricted career opportunities, although there were limited improvements. Media reported that the gender pay gap between male and female workers in the public sector was 28.7 percent for citizens and 7.9 percent for non-Kuwaitis. While more than 70 percent of college graduates from Kuwait University were women, they were underrepresented among the number of students sent to study internationally, likely due to societal concerns about permitting young women to study away from their families. According to government statistics, women represented 51 percent of the population but had a total female workforce participation rate of 56 percent.

The law sets the national minimum wage in the oil and private sector at 75 dinars (approximately $250) per month. The minimum wage for domestic workers was 60 dinars (approximately $200) per month. Most low-wage employees lived and worked in the country without their families, and employers generally provided at least some form of housing.

The law limits the standard workweek to 48 hours (40 hours for the petroleum industry), and gives private-sector workers 30 days of annual leave. The law also forbids requiring employees to work more than 60 hours per week or 10 hours per day. The law provides for 13 designated national holidays annually. Workers are entitled to 125 percent of base pay for working overtime and 150 percent of base pay for working on their designated weekly day off.

The government issued occupational health and safety standards that were current and appropriate for the main industries. For example, the law provides that all outdoor work stop between 11 a.m. and 4 p.m. during June, July, and August, or when the temperature rises to more than 120 degrees Fahrenheit in the shade. A worker could file a complaint against an employer with the PAM if the worker believed his safety and health were at risk.

The law and regulations governing acceptable conditions of work do not apply to domestic workers. The Ministry of Interior has jurisdiction over domestic worker matters and enforces domestic labor working standards.

The Ministry of Social Affairs and Labor is responsible for enforcement of wages, hours, overtime, and occupational safety and health regulations of nondomestic workers. Enforcement by the ministry was generally good, but there were gaps in enforcement with respect to unskilled foreign laborers. Several ministry officials cited inadequate numbers of inspectors as the main reason for their inability to enforce the laws to the best of their abilities.

Approximately 460 labor and occupational safety inspectors monitored private firms. The government periodically inspected enterprises to raise awareness among workers and employers and to assure that they abided by existing safety rules, controlled pollution in certain industries, trained workers to use machines, and reported violations.

The Ministry of Social Affairs and Labor monitored work sites to inspect for compliance with rules banning summer work and recorded hundreds of violations during the year. Workers could also report these violations to their embassies, the KTUF, or the Labor Disputes Department. Noncompliant employers faced warnings, fines, or forced suspensions of company operations, but these were not sufficient to deter violators.

In the first 10 months of the year, the Labor Disputes Department received approximately 15,150 complaints from workers of which approximately 5,800 were referred to the courts; these complaints were either about contract issues, such as nonpayment of wages, or about difficulties transferring work visas to new companies. Most of the complaints were resolved in arbitration, with the remaining cases referred to the courts for resolution. In July the Court of Appeals ordered Al-Kharafi & Sons to pay heirs of a deceased Egyptian foreign resident (former employee of the company) 30,000 dinars ($99,000) in consequence of the company’s negligence and noncompliance to safety and security regulations. The lawsuit indicated employees of the company caused the unintentional death of the victim due to negligence by tasking the employee to clean a six-meter-deep manhole without proper gear and without checking for poisonous gases.

At times the PAM intervened to resolve labor disputes between foreign workers and their employers. The authority’s labor arbitration panel sometimes ruled in favor of foreign laborers who claimed violations of work contracts by their employers. The government was more effective in resolving unpaid salary disputes involving private sector laborers than those involving domestic workers. Media reports indicated that the Minister of Social Affairs and Labor won 58 court cases against visa traders by October.

Foreign workers were vulnerable to unacceptable conditions of work. Domestic workers and other unskilled foreign workers in the private sector frequently worked substantially in excess of 48 hours a week, with no day of rest.

Domestic workers had little recourse when employers violated their rights except to seek admittance to the domestic workers shelter where the government mediated between sponsors and workers either to assist the worker in finding an alternate sponsor or to assist in voluntary repatriation. There were no inspections of private residences, the workplace of the majority of the country’s domestic workers. Reports indicated employers forced domestic workers to work overtime without additional compensation.

Some domestic workers did not have the ability to remove themselves from an unhealthy or unsafe situation without endangering their employment. There were reports of domestic workers’ committing or attempting to commit suicide due to desperation over abuse, including sexual violence or poor working conditions. In 2016 the government implemented the domestic labor law that provides legal protections for domestic workers. The law established a formal grievance process and identified the Domestic Labor Department at the Ministry of Interior as the sole arbitration entity for domestic worker labor disputes. A worker not satisfied with the department’s arbitration decision has the right to file a legal case via the labor court. As of September the department conducted more than 2,400 inspections of domestic worker recruiting agencies, shut 15 fake agencies, and closed 30 for failing to meet the requirements of the law,

Several embassies with large domestic worker populations in the country met with varying degrees of success in pressing the government to prosecute serious cases of domestic worker abuse. Severe cases included those where there were significant, life-threatening injuries.

Laos

Section 7. Worker Rights

The law does not provide for the right of workers to form and join worker organizations independent of the Lao Federation of Trade Unions (LFTU), an organ of the LPRP. The law defines collective bargaining but does not set out conditions, and it requires the examination of all collective bargaining agreements by the Labor Administration Agency (LAA). The law provides for the right to strike, subject to certain limitations. The law does not permit police, civil servants, foreigners, and members of the armed forces to form and join unions. There is a general prohibition against discrimination against employees for reasons unrelated to performance, although there is no explicit prohibition against antiunion discrimination. There is no explicit requirement for reinstatement of workers fired for union activity.

The law requires a workforce of 10 or more workers to elect one or more employee representatives. Where a trade union exists, the head of the union is by default the employee representative. Both representatives and trade union heads may bargain collectively with employers on matters including working conditions or recruitment, wages, welfare, and other benefits.

November 2017 amendments to the Trade Union Law do not provide for independent labor unions or worker associations not affiliated with the LFTU, but they do provide for the ability of workers in the informal economy, including workers outside of labor units or who were self-employed, to join LFTU-affiliated unions. It also establishes rights and responsibilities for “laborer representatives,” which the law defines as “an individual or legal entity selected by the workers and laborers in labor units to be a representative to protect their legitimate rights and interest….”

There was no information on the resources dedicated to enforcement of freedom of association provisions of the labor laws. Penalties under law for infringing on workers’ freedom of association include fines, incarcerations, and/or business license revocation, and they were not considered sufficient to deter violations.

Unions were not independent of the government or its political party and operated within the framework of the LFTU. The government reported the law permits affiliation between independent unions of separate branches of a company but stated the law does not explicitly allow or disallow affiliation at the industry, provincial, or national levels. There were reports unions not affiliated with the LFTU existed in industries, including the garment industry, light manufacturing, and agriculture processing.

Labor disputes reportedly were infrequent, and the Ministry of Labor and Social Welfare generally did not enforce the dispute resolution section of the labor law, especially in dealings with joint ventures in the private sector. Employee representatives and ad hoc workers’ groups tried to resolve complaints, as did, according to some reports, representatives of the LWU and local community leaders. There was little information available on the effectiveness of employee representatives, although anecdotal evidence suggested some had successfully negotiated for higher wages and better benefits.

The law provides for imprisonment penalties for those who join an organization that encourages protests, demonstrations, and other actions that might cause “turmoil or social instability.” The government’s overall prohibition of activities it considered subversive or demonstrations it considered destabilizing, lack of familiarity with the provisions of the amended labor law, and a general aversion to open confrontation continued to make workers extremely unlikely to exercise their right to strike.

The law prohibits all forms of forced or compulsory labor. The law prohibits private employers from using forced labor, and the penalties for perpetrating forced labor can include fines, suspension from work, revocation of business license, and prosecution. There may be civil or criminal prosecutions for forced labor violations. Penalties for trafficking in persons, which includes forced labor, consist of imprisonment, fines, and confiscation of assets. Such penalties were sufficiently stringent to deter violations. Due to limited numbers of inspectors, among other factors, the government did not effectively enforce the law.

According to civil society organizations, the establishment of large-scale, foreign-invested agricultural plantations led to displacement of local farmers, increasing their vulnerability to forced labor. Unable to continue traditional practices of subsistence agriculture, many farmers sought employment as day laborers through local brokers.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law establishes 14 years as the minimum age for employment. The law allows children from ages 14 to 18 to work a maximum of eight hours per day, provided such work is not dangerous or difficult. Employers may, however, employ children from ages 12 to 14 to perform light work. The law applies only to work undertaken in a formal labor relationship, not to self-employment or informal work. The overwhelming majority of trafficking victims (60 percent) were girls between ages 12 and 18, and most victims (35 percent) ended up in forced prostitution.

The Ministry of Public Security and Justice, and the Ministry of Labor and Social Welfare are responsible for enforcing child labor laws, including in the informal economy, but enforcement was ineffective due to the lack of inspectors. The law prescribes penalties of imprisonment and fines, which were not sufficient to deter violations. The Ministry of Labor and Social Welfare conducted public awareness campaigns, organized workshops with the National Commission for Mothers and Children in the northern and southern provinces, and collected data on child labor as part of its effort to implement the National Plan of Action for the elimination of the worst forms of child labor.

According to the government’s Child Labor Survey report, released in 2013 and based on 2010 data, the latest such data available, approximately 90 percent of child labor occurred in the agricultural, fishing, or forestry sectors, and more than two-thirds of child laborers were involved in work defined as hazardous according to international standards. Many children helped on family farms or in shops and other family businesses, but child labor was rare in industrial (e.g., manufacturing) enterprises. There were reports of commercial sexual exploitation of children (see section 6, Children).

The law prohibits direct or indirect discrimination by employers against employees and prohibits all action by the employer that hinders, is biased, or limits opportunities for promotion and confidence on the part of the employee. The law, however, does not explicitly prohibit employment discrimination based on race, disability, language, sexual orientation, gender identity, political opinion, national origin or citizenship, social origin, age, language, HIV-positive status, or other communicable diseases.

The law requires equal pay for equal work and prohibits discrimination in hiring based on a female employees’ marital status or pregnancy, and it protects against dismissal on these grounds. The government enforced prohibitions against employment discrimination or requirements for equal pay; penalties under law included fines but were insufficient to deter violations.

Women faced obstacles in equal access to employment.

In May the government raised the monthly minimum wage for all private-sector workers to 1.1 million kip ($130) per month. The minimum wage for civil servants and state enterprise employees was 1.4 million kip ($165) per month. The government estimated the national poverty line at an average income of 10,000 kip ($1.17) per person per day.

The law provides for a workweek limited to 48 hours (36 hours for employment in dangerous activities). Overtime may not exceed 45 hours per month, and each period of overtime may not exceed three hours. Employers may apply to the government for an exception, which the law stipulates workers or their representatives must also approve.

The law provides for safe working conditions and higher compensation for dangerous work, but it does not explicitly protect the right of workers to remove themselves from a hazardous situation. In case of injury or death on the job, employers are responsible to compensate a worker or the worker’s family. The law requires employers to report to the LAA accidents causing major injury to or death of an employee or requiring an employee to take a minimum of four days off work. The law also mandates extensive employer responsibility for workers who became disabled while at work.

The law also prohibits the employment of pregnant women and new mothers in occupations deemed hazardous to women’s reproductive health. The law requires the transfer of women working in such jobs to less demanding positions, and they are entitled to maintain the same salary or wage.

The Department of Labor Management within the Ministry of Labor and Social Welfare is responsible for workplace inspections. The government did not always effectively enforce the law. There was an insufficient number of inspectors to enforce compliance because they were only able to inspect a limited number of entities under their purview. The government did not always pay some civil servants on time and delayed salary payments for as long as three months. Some piecework employees, especially on construction sites, earned less than the minimum wage. The overtime or wage law was not effectively enforced. The law does not specify penalties for noncompliance with occupational safety and health provisions, but they could include warnings, fines, “re-education,” or suspension of business license.

There were a number of undocumented migrants in the country, particularly from Vietnam and Burma, who were vulnerable to exploitation by employers in the logging, mining, and agricultural sectors. Migrants from China and Vietnam also worked in construction, plantations, casinos, and informal service industries, sectors where wage and occupational safety and health violations were more common. The International Organization for Migration reported undocumented migrants often preferred not to seek medical help due to language barriers and mistrust of local medical services.

Lebanon

Section 7. Worker Rights

The law provides for the right of private-sector workers to form and join trade unions, bargain collectively, and strike but places a number of restrictions on these rights. The Ministry of Labor must approve the formation of unions, and it controlled the conduct of all trade union elections, including election dates, procedures, and ratification of results. The law permits the administrative dissolution of trade unions and bars trade unions from political activity. Unions have the right to strike after providing advance notice to and receiving approval from the Ministry of Interior. Organizers of a strike (at least three of whom must be identified by name) must notify the ministry of the number of participants in advance and the intended location of the strike, and 5 percent of a union’s members must take responsibility for maintaining order during the strike.

There are significant restrictions on the right to strike. The labor law excludes public-sector employees, domestic workers, and agricultural workers. Therefore, they have neither the right to strike nor to join and establish unions. The law prohibits public-sector employees from any kind of union activity, including striking, organizing collective petitions, or joining professional organizations. Despite this prohibition public-sector employees succeeded in forming leagues of public school teachers and civil servants that created the Union of Coordination Committees (UCC), which along with private school teachers, demanded better pay and working conditions.

The law protects the right of workers to bargain collectively, but a minimum of 60 percent of workers must agree on the goals beforehand. Two-thirds of union members at a general assembly must ratify collective bargaining agreements. Collective agreements for the Port of Beirut and the American University of Beirut Medical Center employees have been renewed, as well as for the Hotel Dieu de France hospital.

The law prohibits antiunion discrimination. Under the law when employers misuse or abuse their right to terminate a union member’s contract, including for union activity, the worker is entitled to compensation and legal indemnity and may institute proceedings before a conciliation board. The board adjudicates the case, after which an employer may be compelled to reinstate the worker, although this protection was available only to the elected members of a union’s board. Anecdotal evidence showed widespread antiunion discrimination, although this issue did not receive significant media coverage. The most flagrant abuses occurred in banking, private schools, retail businesses, daily and occasional workers, and the civil service. The government and ruling political parties interfered in the elections of the teachers and civil servants’ leagues, succeeding in removing an active UCC leadership that aimed to transform itself into a genuine trade union structure. The International Labor Organization (ILO) reported that private schools fired approximately 500 teachers to pressure their union to back off demands for higher pay under a new salary scale. The founding members of the domestic workers’ union were under scrutiny within the country. For example, the DGS detained Sujana Rana and deported her in 2016. The government continued its restriction against the unionization of domestic workers; however, it generally did not interfere with a June 24 demonstration of domestic workers and supporting organizations in Beirut demanding reform of laws covering the rights of domestic workers.

By law foreigners with legal resident status may join trade unions. The migrant law permits migrant workers to join existing unions (regardless of nationality and reciprocity agreements) but denies them the right to form their own unions. They do not enjoy full membership as they may neither vote in trade union elections nor run for union office. Certain sectors of migrant workers, such as migrant domestic workers, challenged the binding laws supported by some unions by forming their own autonomous structures that acted as unions, although the Ministry of Labor had not approved them.

Palestinian refugees generally may organize their own unions on an individual basis. Because of restrictions on their right to work, few refugees participated actively in trade unions. While some unions required citizenship, others were open to foreign nationals whose home countries had reciprocity agreements with Lebanon.

The government’s enforcement of applicable laws was weak, including with regard to prohibitions on antiunion discrimination.

Freedom of association and the right to collective bargaining were not always respected. The government and other political actors interfered with the functioning of worker organizations, particularly the main federation, the General Confederation of Lebanese Workers (CGTL). The CGTL is the only national confederation recognized by the government, although several unions boycotted and unofficially or officially broke from the CGTL and no longer recognized it as an independent and nonpartisan representative of workers. The National Federation of Workers and Employees in Lebanon emerged as another alternative to represent the independent trade union movement. Since 2012 the UCC played a major role in pushing the government to pass a promised revised salary scale, largely overshadowing the CGTL. In July 2017 parliament passed the salary scale law for public-sector employees. The UCC’s prominence declined considerably following the election of a new board in 2015, while the CGTL was increasingly active following the election of a new board in March 2017. Antiunion discrimination and other instances of employer interference in union functions occurred. Some employers fired workers in the process of forming a union before the union could be formally established and published in the official gazette.

There was no progress on enacting a draft labor law, under discussion since 2008.

There was widespread anecdotal evidence of arbitrary dismissals of Lebanese, and their replacement by non-Lebanese, across economic and productive sectors. This action was mainly in the form of Syrian refugees allegedly replacing Lebanese in some sectors. There were no official statistics to quantify the scale of these dismissals.

The law prohibits forced or compulsory labor, but there is no legislative provision that provides criminal penalties for the exaction of forced labor. The government did not effectively enforce the law, although the government made some efforts to prevent or eliminate it. The law does not criminally prohibit debt bondage.

Children, foreign workers employed as domestic workers, and other foreign workers sometimes worked under forced labor conditions. The law provides protection for domestic workers against forced labor, but domestic work is excluded from protections under the labor law and vulnerable to exploitation. In violation of the law, employment agencies and employers routinely withheld foreign workers’ passports, especially in the case of domestic workers, sometimes for years. According to NGOs assisting migrant workers, some employers withheld salaries for the duration of the contract, which was usually two years.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Child labor occurred, including in its worst forms. While up-to-date statistics on child labor were unavailable, anecdotal evidence suggested the number of child workers rose during the year and that more children worked in the informal sector, as well as commercial sexual exploitation, as UNHCR noted.

The minimum age for employment is 14, and the law prescribes the occupations that are legal for juveniles, defined as children between ages 14 and 18. The law requires juveniles to undergo a medical exam by a doctor certified by the Ministry of Public Health to assure they are physically fit for the type of work employers ask them to perform. The law prohibits employment of juveniles for more than seven hours per day or from working between 7 p.m. and 7 a.m., and it requires one hour of rest for work lasting more than four hours. The law, updated by a decree on the Worst Forms of Child Labor, prohibits specific types of labor for juveniles, including informal “street labor.” It also lists types of labor that, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety, or morals of children younger than 16, as well as types of labor that are allowed for children older than 16, provided they are offered full protection and adequate training.

Overall, the government did not enforce child labor laws effectively, in part due to inadequate resources. The penal code calls for penalties for those who violate laws on the worst forms of child labor ranging from a fine of LL 250,500 ($167) and one to three months’ imprisonment up to the closure of the offending establishment. Advocacy groups did not consider these punishments sufficient deterrents.

Child labor, including among refugee children, was predominantly concentrated in the informal sector, including in small family enterprises, mechanical workshops, carpentry, construction, manufacturing, industrial sites, welding, agriculture (including in the production of tobacco), and fisheries. According to the ILO, child labor rates have at least doubled since the Syrian refugee influx. The ILO reported that instances of child labor strongly correlate with a Syrian refugee presence. The ILO equally highlighted that the majority of Syrian children involved in the worst forms of child labor–especially forced labor–worked primarily in agriculture in the Bekaa and Akkar regions and on the streets of major urban areas (Beirut and Tripoli). Anecdotal evidence also indicated that child labor was prevalent within Palestinian refugee camps.

The Ministry of Labor is responsible for enforcing child labor requirements through its Child Labor Unit. Additionally, the law charges the Ministry of Justice, the ISF, and the Higher Council for Childhood (HCC) with enforcing laws related to child trafficking, including commercial sexual exploitation of children and the use of children in illicit activities. The HCC is also responsible for referring children held in protective custody to appropriate NGOs to find safe living arrangements. The Ministry of Labor employed approximately 90 inspectors and assistant inspectors, as well as administrators and technicians. This team conducts all inspections of potential labor violations for the ministry, including for child labor issues whenever a specific complaint is reported or found in the course of their other inspections.

The government made efforts to prevent child labor and remove children from such labor during the year. The Ministry of Labor’s Child Labor Unit acts as the government’s focal point for child labor issues, and it oversees and implements the ministry’s national strategy to tackle child labor. The National Steering Committee on Child Labor is the main interministerial body coordinating on child labor across the government. In collaboration with the ILO, the ministry established three new coordinating committees against child labor in 2016, in Beirut’s southern suburbs, Mount Lebanon, and in the Bekaa region.

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

The law provides for equality among all citizens and prohibits discrimination based on race, gender, disability, language, or social status. The law does not specifically provide for protection against discrimination based on sexual orientation, gender identity, HIV status, or other communicable diseases.

Although the government generally respected these provisions, they were not enforced in some areas, especially in economic matters, and aspects of the law and traditional beliefs discriminated against women. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, foreign domestic workers, and LGBTI and HIV-positive persons (see section 6).

The law does not distinguish between women and men in employment, and it provides for equal pay for men and women. On wage equality for similar work, the report also indicates a considerable difference between wages for women and men in the workplace.

Although prohibited by law, discrimination against persons with disabilities continued. Employment law defines a “disability” as a physical, sight, hearing, or mental disability. The law stipulates that persons with disabilities fill at least 3 percent of all government and private sector positions, provided such persons fulfill the qualifications for the position; however, no evidence indicated that the government enforced the law.

Migrant workers and domestic workers faced employment hurdles that amounted to discrimination (see section 7.e.).

The legal minimum wage was last raised in 2012. There was no official minimum wage for domestic workers. Observers concluded that the minimum wage is lower than unofficial estimates of the poverty income level. Official contracts stipulated a wage ranging from LL 225,000 to LL 450,000 ($150 to $300) per month for domestic workers, depending on the nationality of the worker. A unified standard contract, which was registered with the DGS for the worker to obtain residency, granted migrant domestic workers some labor protections. The standard contract covered uniform terms and conditions of employment, but not wages.

The law prescribes a standard 48-hour workweek with a weekly rest period that must not be less than 36 consecutive hours. The law stipulates 48 hours work as the maximum per week in most corporations except agricultural enterprises. The law permits a 12-hour day under certain conditions, including a stipulation that overtime pay is 50 percent higher than pay for normal hours. The law does not set limits on compulsory overtime. The law includes specific occupational health and safety regulations and requires employers to take adequate precautions for employee safety.

Domestic workers are not covered under the labor law or other laws related to acceptable conditions of work. Such laws also do not apply to those involved in work within the context of a family, day laborers, temporary workers in the public sector, or workers in the agricultural sector.

The Ministry of Labor is responsible for enforcing regulations related to acceptable conditions of work but did so unevenly. The ministry employed approximately 90 enforcement officials composed of both inspectors and assistant inspectors, as well as administrators and technicians, who handled all inspections of potential labor violations. The number of inspectors, available resources, and legal provisions were not sufficient to deter violations, nor was there political will for proper inspections in other cases. Interference with inspectors affected the quality of inspections and issuance of fines for violators was common. The law stipulates that workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment, although government officials did not protect employees who exercised this right.

Workers in the industrial sector worked an average of 35 hours per week, while workers in other sectors worked an average of 32 hours per week. Some private-sector employers failed to provide employees with family and transportation allowances as stipulated under the law and did not register them with the National Social Security Fund (NSSF).

Some companies did not respect legal provisions governing occupational health and safety in specific sectors, such as the construction industry. Workers could report violations to the CGTL, Ministry of Labor, NSSF, or through their respective unions. In most cases they preferred to remain silent due to fear of dismissal.

Violations of wage, overtime, and occupational health and safety standards were most common in the construction industry and among migrant workers, particularly with foreign domestic workers.

Foreign migrant workers arrived in the country through local recruitment agencies and source-country recruitment agencies. Although the law requires recruitment agencies to have a license from the Ministry of Labor, the government did not adequately monitor their activities. A sponsorship system tied foreign workers’ legal residency to a specific employer, making it difficult for foreign workers to change employers. If employment was terminated, a worker lost residency. This circumstance made many foreign migrant workers reluctant to file complaints to avoid losing their legal status.

Some employers mistreated, abused, and raped foreign domestic workers, who were mostly of Asian and African origin. Domestic workers often worked long hours and, in many cases, did not receive vacations or holidays. Victims of abuse may file civil suits or seek other legal action, often with the assistance of NGOs, but most victims, counseled by their embassies or consulates, settled for an administrative solution that usually included monetary compensation and repatriation. In a typical example, one victim explained that, when she escaped from an employer who was withholding her wages, an NGO helped her file charges against her employer. Authorities reached an administrative settlement with her employer to pay back wages and finance return to her home country, but did not seek criminal prosecution of her employer.

Authorities did not prosecute perpetrators of abuses against foreign domestic workers for a number of reasons, including the victims’ refusal to press charges and lack of evidence. Authorities settled an unknown number of other cases of nonpayment of wages through negotiation. According to source-country embassies and consulates, many workers did not report violations of their labor contracts until after they returned to their home countries, since they preferred not to stay in the country for a lengthy judicial process.

While licensed businesses and factories strove to meet international standards for working conditions with respect to occupational safety and health, conditions in informal factories and businesses were poorly regulated and often did not meet these standards. The Ministry of Industry is responsible for enforcing regulations to improve safety in the workplace. The regulations require industries to have three types of insurance (fire, third party, and workers’ policies) and to implement proper safety measures. The ministry has the authority to revoke a company’s license if its inspectors find a company noncompliant, but there was no evidence this occurred.

The law requires businesses to adhere to safety standards, but authorities poorly enforced the law, and it did not explicitly permit workers to remove themselves from dangerous conditions without jeopardy to their continued employment. Workers may ask to change their job or be removed from an unsafe job without being affected, as per the labor code. The government only weakly implemented the law due to lack of governance, the weak role of the trade union movement, corruption, and lack of trade union rights.

Mongolia

Section 7. Worker Rights

The law provides for the right of workers to form or join independent unions and professional organizations of their choosing without previous authorization or excessive requirements. The law provides for the rights of all workers except those employed in essential services to participate in union activities without discrimination, conduct strikes, and bargain collectively. The law requires reinstatement of workers fired for union activity.

The law bars persons employed in essential services–defined as occupations critical for national defense and safety, including police, utilities, and transportation services–from striking, and it prohibits third parties from organizing strikes. The law prohibits strikes unrelated to matters regulated by a collective agreement.

Laws providing for the rights of collective bargaining and freedom of association generally were enforced. Penalties, largely fines, for violations of freedom of association and collective bargaining provisions were not sufficient to deter violations. The tripartite Labor Dispute Settlement Committee resolved the majority of disputes between individual workers and management. The Confederation of Mongolian Trade Unions (CMTU) reported the court process was so lengthy many workers abandoned their cases due to time and expense.

The CMTU stated that some employees faced obstacles, including the threat of salary deductions, to forming, joining, or participating in unions. Some employers prohibited workers from participating in union activities during work hours. The CMTU also stated workers terminated for union activity were not always reinstated. The CMTU further reported some employers took steps to weaken existing unions. For example, some companies used the portion of employees’ salaries deducted for union dues for other purposes and did not forward the monies to the unions. The CMTU also reported some employers refused to conclude collective bargaining agreements.

There were several strikes during the year over the salary of public servants. For example, a teacher’s strike that lasted nine days concluded after the government increased all public servants’ salaries, with the exception of judges and prosecutors, between 8 and 30 percent depending on salary grade.

The constitution prohibits all forms of forced or compulsory labor, except as part of a legally imposed sentence. The criminal code provides for a fine or imprisonment for forced labor offenses, but penalties were not sufficient to deter violations. NGOs and government officials noted the low number of inspectors and a lack of public awareness limited effective enforcement of the law.

There were isolated reports of forced labor, including forced child labor. There were reports workers from the DPRK and China were vulnerable to forced labor in construction, production, agriculture, forestry, fishing, hunting, wholesale and retail trade, automobile maintenance, and mining industries. Press reports suggested, and government officials confirmed, that a large proportion of wages due to laborers from the DPRK went directly to the DPRK government, and workers’ freedom of movement was limited by requirements they travel in the company of a DPRK supervisor (see section 7.e.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than age 14 years from working. By law at age 14 children may work a maximum of 30 hours per week, with parental and government permission, to acquire vocational training and work experience. At age 15 children may conclude an employment contract with permission from parents or guardians. According to a Ministry of Labor and Social Protection order, children younger than age 18 may not work in hazardous occupations such as mining and construction; engage in arduous work; serve as child jockeys during the winter (children may be jockeys beginning at seven years during other seasons); participate in cultural, circus, or folk art performances at night; work in businesses that sell alcoholic beverages; or engage in roadside vending.

Authorities reported employers often did not follow the law, requiring minors to work in excess of 40 hours per week and paying them less than the minimum wage.

The criminal code’s child protection provisions cover hazardous child labor, which is punishable by a maximum one year in prison. Persons who involved children in “vagrancy and beggary” are subject to a maximum five years’ imprisonment. The government did not effectively enforce the law; there were no government prosecutions or convictions of forced child labor during the year.

There was no government funding for programs to prevent child labor and support employment of adult family members.

Child labor, including cases of forced child labor, was suspected in many sectors, including the hotels and restaurants, in manufacturing, petty trade, scavenging and forced begging, event or street contortionism (a local art form), and the illicit sex trade (see section 6, Children). In the year to November, the FCYDA and the General Agency for Specialized Inspection (GASI) conducted child labor inspections, including at artisanal mining sites, public markets, service centers, dumpsites, construction and transportation sites, and on farms. Following the inspections, FCYDA and GASI reported there were 495 children working in the informal sector (20 in artisanal mining, 82 at public markets, 12 at dumpsites, 14 at construction and transportation sites, and 367 in farming). Of these 495 children, 83 were girls, 236 had dropped out of school, and 27 were engaged in hazardous labor, including 15 in sorting and packing fluorspar.

International organizations continued to express concern about child jockeys in horseracing. Children commonly learned to ride horses at age four or five years, and young children traditionally served as jockeys during the annual Naadam festival, where races ranged from two to 20 miles. According to GASI, 28,889 child jockeys (of whom 20 were younger than the required minimum of seven years) raced during the year. Although the government in 2016 prohibited child jockeys from working from November 1 to May 1, in 2017 it amended this prohibition to apply only to “winter.” The NHRC, NGOs, and human rights activists criticized this change because the provision is vague and allows child horse jockeys to work as early as January. Despite the “winter” ban, during just one horse race early in the year, 24 children fell from horses and five children lost consciousness. In January the government decreed 12 as the minimum age for child jockeys in “spring” races (races that occur after the annual Lunar New Year and before June 1). Also in January, eight of 21 provincial governors banned child jockeys from racing from November 1 to May 1.

Regulations also require adequate headgear and chest protection, but despite greater government and public attention to safety, enforcement was inconsistent. For example, GASI reported that of the 28,889 child jockeys, 336 lacked helmets, 513 did not have sufficient equipment, and 1,174 did not have insurance coverage. Observers reported sufficient compliance with safety regulations at national races (but less compliance at community and regional events). The FCYDA and GASI maintained a database to register all jockeys participating in officially sanctioned national and local races. The FCYDA collected biometric information to better track jockeys and prevent children younger than seven years from working as jockeys.

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

The law prohibits discrimination in employment and occupation based on nationality, language, race, age, gender, sexual orientation, sex or marital status, social origin or status, wealth, religion, ideology, education, or medical status. It also prohibits employers from refusing to employ a person with disabilities but provides broad exceptions, applying “unless the condition of such person prevents him from performing a specified activity or would otherwise be contrary to established working conditions at the workplace.” The law prohibits employers from refusing employment to or dismissing an individual diagnosed with HIV/AIDS, unless the condition makes it difficult to perform job duties. The law also prohibits women from working in occupations that require heavy labor or exposure to chemicals that could affect infant and maternal health.

The government enforced the law in a limited manner, and discrimination occurred in employment and occupation based on sex and disability, as well as on sexual orientation, gender identity, and HIV status.

The law charges employers with taking steps to prevent sexual harassment in the workplace, including by establishing internal rules about sexual harassment and the redress of complaints, but provides no penalties. The NHRC reported poor knowledge of the law’s sexual harassment provisions among both employers and employees.

The NHRC found employers were less likely to hire, promote, or provide professional development opportunities to women. There were also reports some employers refused to hire overweight persons, falsely claiming they could not perform essential job functions.

Although the law requires workplaces with more than 25 employees to employ a minimum of 4 percent of persons with disabilities or pay a fine, NGOs reported a reluctance to hire them persisted, and many companies preferred to pay the fine. They also noted the government itself failed to meet the quota. Members of the disability community noted that, even when hired, the lack of accessible public transport made it difficult for persons with disabilities to hold a job (see section 6, Persons with Disabilities).

The labor ministry’s Department for the Development of Persons with Disabilities is responsible for developing and implementing employment policies and projects for persons with disabilities. Government organizations and NGOs reported employers’ attitude toward employing persons with disabilities had not improved and many employers still preferred to pay fines to the Employment Fund rather than employ persons with disabilities. For example, observers suspected discrimination against persons with disabilities in a case where a school principal asked a janitor with disabilities to submit her letter of resignation before she reached retirement age.

NGOs, the NHRC, and members of the LGBTI community reported that companies rarely hired LGBTI persons who were open about their sexual orientation or gender identity, and LGBTI persons who revealed their status in the workplace frequently faced discrimination, including the possibility of dismissal. Illegally dismissed LGBTI persons rarely sought court injunctions to avoid disclosing their status and increasing the risk of discrimination.

Foreign migrant workers did not receive the same level of protection against labor law violations as the general population.

The minimum wage was 240,000 tugriks ($92) per month and applied to both public- and private-sector workers. According to the CMTU, the minimum wage did not provide an adequate standard of living.

Laws on labor, cooperatives, and enterprises set occupational health and safety standards, which apply equally to local and foreign workers. GASI noted many standards were outdated.

Labor inspectors assigned to GASI’s regional and local offices are responsible for enforcement of all labor regulations and have the authority to compel immediate compliance. Enforcement of minimum wage, working hours, and occupational safety and health laws and regulations was limited due to the small number of labor inspectors. According to GASI neither the penalty nor the number of inspectors was sufficient to enforce compliance. GASI reported its inspectors, faced with large investigative workloads, needed better training on investigative techniques and evidence collection. Inspectors generally did not conduct inspections in the informal sector.

GASI acknowledged that fines imposed on companies for not complying with labor standards or for concealing accidents were insufficient to induce management to resolve problems. The CMTU also reported government agencies and enterprises often failed to comply with regulations requiring them to allocate budget resources to workplace safety. Moreover, safety experts responsible for labor safety and health were often inexperienced or had not received training.

The law on pensions allows for participation by small family businesses and workers in the informal economy (such as herders) in pension and social benefit programs. These categories of workers were able to access health care, education, social entitlements, and an optional form of social security.

Many workers received less than the minimum wage, particularly at smaller companies in rural areas. The CMTU also expressed concern workers in the construction sector, in which work is constrained to a few months because of the extreme winters, were sometimes pressured to work long hours, increasing the risk of accidents and injuries.

Many foreign workers, the majority of whom were Chinese mining and construction workers, reportedly worked in conditions that did not meet government regulations. GASI reported it inspected workplace health and safety conditions for foreign workers but did not have the authority to monitor wages or inspect living conditions.

The status of an estimated 600 workers from the DPRK was largely unknown; secrecy surrounded their contractual agreements, labor rights, and compensation. NGOs reported the government assumed little jurisdiction over DPRK workers’ contracts, relying on agreements with the DPRK government and the actions of intermediary companies. These workers were employed in many sectors, especially during the summer, reportedly in harsh working and living conditions. Observers and government officials stated that DPRK laborers likely failed to receive the minimum wage, often worked in substandard conditions, and had much of their wages paid directly to the DPRK government.

Reliance on outmoded machinery, poor maintenance, and management errors led to frequent industrial accidents, particularly in the construction, mining, and energy sectors. According to the NHRC, lack of proper labor protection and safety procedures in the construction sector made it particularly susceptible to accidents. The CMTU stated that workers had limited awareness of their legal right to refuse to work in unsafe conditions.

GASI provided safety training to companies and private enterprises. According to GASI, the training resulted in a decrease in industrial accidents in accident-prone sectors such as light industry, food, health, and education.

Montenegro

Section 7. Worker Rights

The law provides for the rights of workers, including members of the armed forces, to form and join independent trade unions, bargain collectively, and conduct legal strikes. In order to represent workers in collective bargaining at the enterprise level, a union must count as members at least 20 percent of the workforce in the enterprise. To act as a worker representative in a particular sector, group, or branch of industry, a trade union must include at least 15 percent of the total workforce in that sector, group, or branch. The law prohibits discrimination against union members or those seeking to organize a union and requires the reinstatement of workers dismissed for union activity.

The government generally enforced the law. Penalties for violations were sufficient to deter most violations.

While the government generally respected freedom of association, employers often intimidated workers engaged in union activity. Workers exercised their right to join unions and engage in collective bargaining, although not always without employer interference.

Although allowed by law, collective bargaining remained rare. The government continued to be party to collective negotiations at the national level. Only the union with the largest registered membership at any given level was entitled to bargain, negotiate settlements of collective labor disputes, and participate in other government bodies.

The right to strike is restricted for public servants whose absence from work would jeopardize public interests, national security, the safety of persons and property, or the functioning of the government. International observers noted that the range of professions in which strikes are proscribed exceeds international standards. Employers may unilaterally establish minimum service requirements if negotiations with trade unions fail to lead to an agreement.

Management and local authorities often blocked attempts to organize strikes by declaring them illegal, citing lack of legally required advance notice, which ranges from two to 10 days, depending on circumstances. There were reports from employees in both the private and public sectors that employers threatened or otherwise intimidated workers who engaged in union organizing or in other legal union activities. In some cases, private employers reduced workers’ salaries or dismissed them because of their union activities.

Workers in privatized or bankrupt companies had outstanding claims for back pay and severance. In some cases, workers were not able to collect on their claims, despite valid court decisions in their favor. Several local governments failed to pay their staff for months at a time. Unpaid wages, factory closures, and growing poverty led to large-scale strikes. Trade unions claimed that workers were largely unaware of their rights and afraid of retaliation if they initiated complaints.

The law prohibits all forms of forced or compulsory labor, and authorities made efforts to investigate or identify victims of forced labor in the formal economy. Penalties under the law for offenses related to forced labor were sufficiently stringent to deter violations compared to penalties for other serious crimes.

There were reports of Romani girls forced into domestic servitude and of children forced to beg, mostly by their families (see section 7.c.). There were no prosecutions or convictions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The official minimum age for employment is 15. Children younger than 18 may not engage in jobs that require difficult physical labor; overtime; work at night, underground, or underwater; or work that “may have a harmful effect or involve increased risk for their health and lives,” although the law allows employees between the ages of 15 and 18 to work at night in certain circumstances. The government generally enforced these restrictions in the formal, but not the informal, economy.

Penalties under the law were adequate to deter violations. The Labor Inspectorate investigated compliance with the child labor law only as part of a general labor inspection regime. The government did not collect data specifically on child labor. Apart from forced begging, in 2017 inspectors found 40 children between the ages of 15 and 18 working in the informal economy without proper employment contracts, mainly during the summer. The labor inspectors, however, did not report these violations of child labor laws and returned the children to their parents.

Many parents and relatives forced Romani, Ashkali, and Balkan-Egyptian children to work at an early age to contribute to their family’s income. They engaged in begging at busy intersections, on street corners, door to door, and in restaurants and cafes or in sifting through trash cans. While many working children were from the country, a large percentage of those between the ages of seven and 16 were from nearby countries, mainly Kosovo and Serbia. Police generally returned the children they apprehended to their families. The ombudsman noted progress in the efforts of police and social centers to prevent begging.

In villages, children usually worked in family businesses and agriculture. Romani, Ashkali, and Balkan-Egyptian children worked chiefly during the summer, typically washing car windows, loading trucks, collecting items such as scrap metal, selling old newspapers and car accessories, or working alongside their parents as day laborers. Many internally displaced Romani, Ashkali, and Balkan-Egyptian children were forced to engage in begging or manual labor. Police asserted that begging was a family practice rather than an organized, large-scale activity. Begging was readily observable, particularly in Podgorica and the coastal areas during the summer. Police seldom pressed charges against the adult perpetrators. Authorities placed victims of forced child labor who did not have guardians in the children’s correctional facility in Ljubovic. After leaving the facility, most children returned to forced begging. Romani NGOs tried to raise awareness of the problem and suggested that the government did not provide sufficient resources to rehabilitate children begging and living on the street.

Children were subjected to commercial sexual exploitation (see section 6, Children, and section 7.b.).

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

The law prohibits discrimination based on race, color, sex, religion, political opinion or other affiliation, national origin, citizenship, disability, sexual orientation, gender identity, age, language, pregnancy, marital status, social status or origin, membership in political and trade union organizations, or health conditions, including HIV-positive status and other communicable diseases. The government did not enforce antidiscrimination laws and regulations effectively, and there were instances of discrimination on these bases. Persons with disabilities faced significant discrimination in employment despite affirmative action programs that provided significant financial incentives to employers to hire persons with disabilities. According to the state employment agency, only 2 percent of persons with disabilities were employed. Advocates noted there were too few training programs for persons with disabilities to contribute significantly to their economic integration. Neither governmental entities nor private employers hired many persons with disabilities. NGOs reported that employers often chose to pay fines rather than employ a person with a disability.

Women were, at times, subject to discrimination based on their marital status, pregnancy, or physical appearance. Employers did not respect all of their legal obligations to pregnant women and sometimes reduced their responsibilities or fired them after they returned from maternity leave. A disproportionate share of women held jobs with lower levels of responsibility than men. Employers promoted women less frequently than men. Some job announcements for women explicitly included discriminatory employment criteria, such as age and physical appearance. Employers at times violated women’s entitlement to a 40-hour workweek, overtime, paid leave, and maternity leave. Societal expectations regarding women’s obligations to the family reduced their opportunities to obtain jobs and advance in the workplace. Nevertheless, an increasing number of women served as judges as well as in professional fields, such as law, science, and medicine. Women accounted for less than 9 percent of personnel in the armed forces and National Police Force.

Bosniaks, who accounted for 9 percent of the country’s population, constituted 6 percent of the government workforce. Roma, displaced persons, refugees, and migrant workers faced employment discrimination. Migrant workers usually came from Serbia, Bosnia and Herzegovina, Macedonia, and Albania to work on construction sites and in agriculture. There were also instances of discrimination against unregistered domestic and foreign workers.

According to the National Statistics Office, the national monthly minimum wage, 193 euros ($222), was slightly above the government’s absolute poverty line. Significant portions of the workforce–particularly in rural areas and in the informal sector–earned less than the minimum wage.

The law limits overtime to 10 hours per week, but seasonal workers often worked much longer.

Many workers, particularly women employed in the commercial, catering, and service industries, worked unpaid overtime, and employers sometimes forced them to work on religious holidays without additional compensation or to forgo their rights to weekly and annual leave. Employers sometimes failed to pay the minimum wage, other employee benefits, or mandatory contributions to pension funds. Employees often did not report such violations due to fear of retaliation.

Administrative and judicial procedures were subject to lengthy delays and appeals, sometimes taking years. This led to an increase in the number of persons seeking recourse through alternative dispute resolution. Most disputes reviewed by the Agency for Peaceful Resolution of Labor Disputes involved accusations of government institutions violating laws on overtime, night work, holidays, social insurance contribution requirements, and other administrative regulations.

The government set occupational health and safety standards that were current and appropriate for the main industries. Regulations require employers and supervisors to supply and enforce the use of safety equipment, conduct risk assessment analysis, and report any workplace deaths or serious injuries within 24 hours.

The Labor Inspectorate is responsible for enforcing wage, hour, and occupational health and safety laws. The number of labor inspectors was sufficient to enforce compliance in the formal economy. Resources, remediation efforts, and investigations were not adequate to successfully identify, enforce, or prevent violations in the informal economy. Penalties for violation of wage and hour rules consisted of minor fines and were insufficient to deter violations. Penalties for violations of occupational health and safety standards were generally a sufficient deterrent in the formal sector. Labor inspectors have the legal authority to close an establishment until it corrects violations or to fine owners who commit repeated violations.

Employment in the construction, energy, wood-processing, transportation, and heavy industries presented the highest risk of injury. The most frequent reasons cited for unsafe working conditions were the lenient fines for violations of safety rules, failure to use safety equipment, lack of work-related information and training, inadequate medical care for workers, and old or inadequately maintained equipment.

Morocco

Section 7. Worker Rights

The constitution provides workers with the rights to form and join unions, strike, and bargain collectively, with some restrictions.

The law prohibits antiunion discrimination and prohibits companies from dismissing workers for participating in legitimate union-organizing activities. Courts have the authority to reinstate workers dismissed arbitrarily and may enforce rulings that compel employers to pay damages and back pay. Trade unions complained that the government at times used the penal code to prosecute workers for striking and to suppress strikes.

The law prohibits certain categories of government employees, including members of the armed forces, police, and some members of the judiciary, from forming and joining unions and from conducting strikes. The law excludes migrant workers from assuming leadership positions in unions.

The law allows several independent unions to exist but requires 35 percent of the total employee base to be associated with a union for the union to be representative and engage in collective bargaining. The government generally respected freedom of association and the right to collective bargaining. Employers limited the scope of collective bargaining, frequently setting wages unilaterally for the majority of unionized and nonunionized workers. Domestic NGOs reported that employers often used temporary contracts to discourage employees from affiliating with or organizing unions. Unions can legally negotiate with the government on national-level labor issues. At the sectoral level, trade unions negotiated with private employers concerning minimum wage, compensation, and other concerns. Labor disputes were common and, in some cases, the result of employers failing to implement collective bargaining agreements and withholding wages.

The law concerning strikes requires compulsory arbitration of disputes, prohibits sit-ins, and calls for a 10-day notice of a strike. The government may intervene in strikes. A strike may not occur over matters covered in a collective contract for one year after the contract commences. The government has the authority to disperse strikers in public areas not authorized for demonstrations and to prevent the unauthorized occupancy of private space. Unions may neither engage in sabotage nor prevent those individuals who were not on strike from working.

The government did not adequately enforce labor laws due to a lack of inspection personnel and resources. Inspectors’ role as mediators of labor conflicts significantly limits the amount of time they can spend proactively inspecting worksites and remediating any violations they uncover. Inspectors do not have punitive power and cannot levy fines or other punishments. Upon action of the state prosecutor, the courts can force the employer to take remedial actions through a court decree. Penalties were not sufficient to deter violations. Enforcement procedures were subject to lengthy delays and appeals.

Most union federations were strongly allied with political parties, but unions were generally free from government interference.

The law prohibits all forms of forced or compulsory labor.

On October 2, the domestic workers law passed in 2016 went into effect. The law provides new protections to domestic workers, including limits on working hours and a minimum wage. Penalties for violating this law start with a fine and, in cases of repeated offense, can include one to three months’ imprisonment.

In the past, authorities did not adequately enforce laws against forced or compulsory labor, although it was too soon to assess the impact of the new law. Labor inspectors did not inspect small workshops and private homes where the majority of such violations occurred, as the law requires a warrant to search a private residence. The new law establishes a conciliation process that labor inspectors can conduct for disputes between domestic workers and their employers, but it lacks time limits for resolving those disputes. The small number of inspectors, the scarce resources at their disposal, and the broad geographic dispersion of sites also limited effective enforcement of the law.

Local NGOs reported that an undetermined number of vulnerable migrant domestic workers filed suits against their former employers. These suits included significant indicators of potential trafficking abuses, such as withholding passports or wages. Information on disposition of these cases was not available.

Reports indicated that forced labor, especially of children, occurred (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law established a minimum age for employment and the government effectively enforced these laws. In 2016 parliament passed a law that went into effect on October 2 prohibiting children under the age of 16 from working as domestic servants and strictly limiting the work of children under the age of 18. Punishments for violations of the child labor laws include criminal penalties, civil fines, and withdrawal or suspension of one or more civil, national, or family rights, including denial of legal residence in the country for five to 10 years. Penalties were not sufficient to deter violations.

The overwhelming majority of child laborers worked in rural areas, according to the government’s statistical agency, the High Planning Commission.

The labor code does not apply to children who work in the traditional artisan or handicraft sectors for businesses with fewer than five employees or to those who work on private farms or in residences. Some children became apprentices before they were 12, particularly in small, family-run workshops in the handicraft industry and in the construction industry and mechanic shops. Children also worked in hazardous occupations as designated by law (see section 7.e.). These included fishing and, in the informal sector, in textiles, light manufacturing, and traditional handicrafts. Children’s safety, health conditions, and wages were often substandard.

In some cases employers subjected children to the worst forms of child labor, including commercial sexual exploitation, sometimes as the result of human trafficking (see section 6, Children); forced domestic work, sometimes as the result of human trafficking; and forced labor in the production of artisan crafts and construction.

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

The labor code prohibits discrimination regarding employment and occupation based on race, religion, national origin, color, sex, ethnicity, or disability. The law does not address age or pregnancy.

Discrimination occurred in all categories prohibited by law, as the government lacked sufficient human and financial resources to enforce these laws effectively. Migrant worker organizations reported that some migrants experienced discrimination in hiring, wages, or conditions of employment.

The minimum wage was 108 dirhams ($11.30) per day in the industrialized sector, 70 dirhams ($7.30) per day for agricultural workers, and 65 dirhams ($6.50) per day for domestic workers. The World Bank established the absolute poverty level threshold wage as 70 dirhams ($7.30) per day. Including traditional holiday-related bonuses, workers generally received the equivalent of 13 to 16 months’ salary each year.

The law provides for a 44- to 48-hour maximum workweek with no more than 10 hours in a single day, premium pay for overtime, paid public and annual holidays, and minimum conditions for health and safety, including a prohibition on night work for women and minors. The law prohibits excessive overtime.

Occupational health and safety standards, reviewed and enforced by the Ministry of Employment and Vocational Integration, are rudimentary, except for a prohibition on the employment of women and children in certain dangerous occupations. The law prohibits persons under the age of 18 from hazardous work in 33 areas, including working in mines, handling dangerous materials, transporting explosives, and operating heavy machinery.

Many employers did not observe the legal provisions for conditions of work. The government did not effectively enforce basic provisions of the labor code, such as payment of the minimum wage and other basic benefits under the National Social Security Fund. The country’s 394 labor inspectors attempted to monitor working conditions and investigate accidents, but lack of resources prevented effective enforcement of labor laws. Penalties were generally not sufficient to deter violations.

According to NGOs no major workplace accidents occurred during the year. There were, however, numerous media reports of accidents, sometimes fatal, on construction sites that had substandard standards or lacked safety equipment. In the formal sector, workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations.

Mozambique

Section 7. Worker Rights

The constitution and law provide that workers, with limited exceptions, may form and join independent trade unions, conduct legal strikes, and bargain collectively. The law requires government approval to establish a union. The government has 45 days to register employers’ and workers’ organizations, a delay the International Labor Organization (ILO) deemed excessive. Although the law provides for the right of workers to organize and engage in collective bargaining, such collective bargaining contracts covered less than 5 percent of the workforce. Workers in defense and security services, tax administration, prison workers, the fire brigade, judges and prosecutors, and the President’s Office staff members are prohibited from unionizing. Other public-sector workers may form and join unions, but they are prohibited from striking.

The law does not allow strike action until complex conciliation, mediation, and arbitration procedures are exhausted, which typically takes two to three weeks. Sectors deemed essential must provide a “minimum level” of service during a strike. Workers’ ability to conduct union activities in workplaces was strictly limited. The law provides for voluntary arbitration for “essential services” personnel monitoring the weather and fuel supply, postal service workers, export processing zone (EPZ) workers, and those loading and unloading animals and perishable foodstuffs. The law requires that strikes be announced at least five days in advance, and the announcement must include the expected duration of the strike, although the government interprets this to allow indefinite strikes. Mediation and arbitration bodies may end strikes in addition to the unions and workers themselves. The law prohibits antiunion discrimination; however, it does not explicitly provide for reinstatement of workers terminated for union activities. The government respected the legal prohibition of antiunion discrimination.

Authorities and employers generally respected freedom of association and the right to collective bargaining, although workers were only able to exercise a few of these rights. There are strict legal constraints on workers’ meetings in the workplace. Unions regularly negotiated wage increases and organized strikes.

Lack of resources hampered the government’s efforts to enforce many of its labor laws. Government efforts included fining companies that violated labor laws and the expulsion of foreign supervisors who allegedly did not follow the law. Fines were not sufficient to deter violators.

The International Trade Union Confederation criticized the government’s prohibition of strikes by EPZ workers and the government’s designation of EPZ workers as “essential.” The ILO had previously criticized the government’s definition of “essential services” workers as being too broad.

The largest trade union organization, the Organization of Mozambican Workers (OTM), was perceived as biased in favor of the government and ruling party Frelimo.

The law prohibits all forms of forced or compulsory labor. If convicted of trafficking in persons, which includes forced labor, the penalty is 16 to 20 years’ imprisonment.

The government did not enforce these laws effectively. There was limited evidence of forced labor and forced child labor in the domestic and agricultural sectors. Girls and women from rural areas, as well as migrant workers from bordering countries, were lured to cities with false promises of employment or education and then exploited in domestic servitude and sex trafficking. In addition, there was a significant rise in Ethiopians trafficked through Mozambique for the purpose of labor exploitation in South Africa. In December 2017 alone, security forces apprehended 41 Ethiopian citizens in Tete Province being smuggled into South Africa for labor exploitation and discovered the bodies of 19 other Ethiopians in Sofala Province who were believed to be victims of trafficking.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government has established laws and regulations related to child labor; however, gaps exist in the legal framework to protect adequately children from the worst forms of child labor. Children are not permitted to work in occupations that are unhealthy, dangerous, or require significant physical effort; however, the government has no official list of prohibited job activities or occupations. The minimum working age without restrictions is 18. The law permits children between ages 15 and 17 to work with a Ministry of Labor permit. The employer is required to provide for their education and training and provide conditions of work that are not damaging to their physical and moral development. Children between ages 12 and 14 may work under special conditions authorized by the Ministries of Labor, Health, and Education. Children under age 18 may work up to seven hours a day for a total of 38 hours a week. By law children must be paid at least the minimum wage or a minimum of two-thirds of the adult salary, whichever is higher.

The Ministry of Labor regulates child labor in the formal sector, but the government did not effectively enforce the law. Labor inspectors may obtain court orders and have police enforce compliance with child labor provisions. There were no mechanisms in place for submitting complaints regarding hazardous and forced child labor. Violations of child labor provisions are punishable by fines ranging from one to 40 months of the minimum wage. Such penalties were insufficient to deter violations. Enforcement mechanisms generally were inadequate in the formal sector due to resource constraints and nonexistent in the informal sector. In August 2017 the Ministry of Labor conducted a seminar with civil society and private-sector participants in which a list of hazardous activities and a national plan to fight the worst forms of child labor were completed. In October 2017 parliament approved the plan.

The labor inspectorate and police lacked adequate staff, funds, and training to investigate child labor cases, especially in areas outside the capital, where a majority of the abuses occurred. No labor inspectors specialized in child labor issues; however, they all received child labor training. Inspectors earned low wages (like many government employees) making them vulnerable to, and often inclined to seek, bribes. Inspectors often did not have the means to travel to sites and therefore relied on the company they were investigating to provide transportation to the site of an alleged violation. The government provided training on child prostitution and abuse prevention to police officers and additional training to labor inspectors on trafficking identification and prevention.

Child labor remained a problem. NGOs reported some girls who migrated from rural areas to urban centers to work as domestic help for extended family or acquaintances to settle debts were vulnerable to commercial sexual exploitation (see section 6, Children). Mothers who did not complete secondary school were more likely to have children involved in child labor. Due to economic necessity, especially in rural areas, children worked in agriculture, as domestic employees, or in prostitution.

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

The law prohibits discrimination with respect to employment and occupation. The government effectively enforced applicable law. Penalties (such as fines) were sufficient to deter violations.

Discrimination in employment against persons with disabilities was common, and access to employment was one of the biggest problems facing persons with disabilities.

The law explicitly prohibits discrimination against workers because of HIV/AIDS status, and the Ministry of Labor generally intervened in cases of perceived discrimination by employers. With an increased public awareness of this law, there were no public reports of individuals dismissed because of their HIV status.

There were multiple reports in local media of the Labor Ministry suspending the contracts of irregular foreign workers. Some foreign workers reported harassment by Labor Ministry inspectors after disputes with Mozambican coworkers and being forced to pay bribes for work permits or leave the country. In May 2017, however, the Constitutional Council ruled it was unconstitutional for the government to expel foreign workers without judicial approval.

The lowest government-mandated industry-based minimum wage was 3,183 meticais ($53) a month and may be adjusted as needed. The poverty line was 540 meticais (nine dollars) a month per household member. Workers generally received benefits, such as transportation and food, in addition to wages. The OTM estimated that a minimum livable monthly wage to provide for a family of five was 8,000 meticais ($133). The standard legal workweek is 40 hours but may be extended to 48 hours. Overtime must be paid for hours worked in excess of 48 hours at 50 percent above the base hourly salary. These legal protections apply to foreign workers holding work permits.

The government sets occupational health and safety (OSH) standards that were up to date and appropriate for the main industries. Health and environmental laws protect workers in the formal sector; however, they do not apply to the informal economy, which comprised an estimated 95 percent of the workforce. Workers have the right to clean and safe workplaces including good physical, environmental, and moral conditions. Workers have the right to be informed of safety risks and instruction on how to follow the regulations and improve safety, including the right to protective clothing and equipment, first aid, health exams, and compensation for workplace injuries or sickness.

The Ministry of Labor is responsible for enforcing the minimum wage rates in the private sector, and the Ministry of Finance does so in the public sector. The ministries usually investigated violations of minimum wage rates only after workers submitted a complaint.

The Ministry of Labor did not effectively enforce minimum wage, hours of work, and OSH standards in the informal economy, since the Ministry of Labor only regulates the formal sector. The number of labor inspectors was not sufficient to enforce compliance. Agricultural workers were among the most vulnerable to poor work conditions and wage theft. The lack of frequent and enforced sanctions for violations created little deterrence for violations. Despite the relatively low number of inspectors, some businesses reported frequent visits by labor inspectors citing capricious violations and threats of fines in order to receive bribes.

During the year there was a significant increase in the number of work accidents in the areas of construction, public works, and manufacturing, some of which resulted in the death or permanent disability of workers. According to the General Labor Inspectorate, in the fourth quarter of 2017 there was a 1.4 percent increase in accidents. Out-of-court settlements of disputes between workers and employers included 1,656 mediated conflicts, of which 1,385 ended in agreement and 271 in deadlock. The reduction in the number of cases was a direct consequence of the intensification of prevention actions, through lectures and advisory services to workers and employers on labor legislation.

Namibia

Section 7. Worker Rights

The law provides for the right to form and join independent unions, conduct legal strikes, and bargain collectively; however, the law prohibits workers in certain sectors, such as police, military, and corrections, from joining unions.

Except for workers in services designated as essential services, such as public health and safety, workers may strike once mandatory conciliation procedures lasting 30 days are exhausted and 48 hours’ notice is given to the employer and labor commissioner. Workers may take strike actions only in disputes involving specific worker interests, such as pay raises.

Worker rights disputes, including dismissals, must first be submitted to the labor commissioner for conciliation, followed by a more formal arbitration process if conciliation is unsuccessful. The parties have the right to appeal the arbitrator’s findings in labor court. The law provides for conciliation and arbitration to resolve labor disputes more quickly, although employers and unions publicly questioned the system’s effectiveness. The law prohibits unfair dismissal of workers engaged in legal strikes, specifically prohibits employer retaliation against both union organizers and striking workers, and provides for reinstatement for workers dismissed for union activity so long as the workers’ actions at the time were not in violation of other laws.

The law provides employees with the right to bargain individually or collectively and provides for recognition of the exclusive collective bargaining power of a union when more than half of workers are members of that union. The law provides for the protection of all workers, including migrants, nonessential public sector workers, domestic workers, and those in export processing zones. The law supporting collective bargaining does not cover the informal sector.

The government and employers generally respected freedom of association, and workers exercised this right. The government effectively enforced applicable laws on freedom of association, and penalties were sufficient to deter violations. Aside from mediation efforts, the government was not directly involved in union activities. Employers also did not appear to interfere in union activities.

The government generally enforced the law on collective bargaining.

Collective bargaining was not practiced widely outside the mining, construction, agriculture, and public-service sectors. Almost all collective bargaining was at the workplace and company level. Employers respected the collective bargaining process. Employees of parastatals Namibian Broadcasting Corporation and University of Namibia engaged in orderly strikes during the year.

The law requires employers to provide equal labor rights to all their employees. Employers may apply to the minister of labor and social services for an exemption from these provisions if they can prove workers’ rights are protected, but very few employers pursued this option.

The law prohibits all forms of forced or compulsory labor, including by children. Under the Combating Trafficking in Persons Act of 2018, persons convicted of engaging in trafficking in persons, which includes forced labor, face a maximum fine of N$ one million ($77,600), 30 years’ imprisonment, or both. The government did not report any allegations of forced or compulsory labor; it investigated child labor when reported. Resources, inspections, and remediation were inadequate. Penalties for violations had yet to be applied under the trafficking act by year’s end.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 14. Children under age 18 may not engage in hazardous work, including working between the hours of 8 p.m. and 7 a.m., underground work, mining, construction work, or in facilities where goods are manufactured or electricity is generated, transformed, or distributed, or machinery is installed or dismantled. Hazardous work prohibitions for children in the agriculture sector are not comprehensive. Children ages 16 and 17 may perform hazardous work subject to approval by the Ministry of Labor, Industrial Relations, and Employment Creation and restrictions outlined in the Labor Act. Persons convicted of employing children face a maximum fine of N$20,000 ($1,550), four years’ imprisonment, or both. The Child Care and Protection Act also includes provisions prohibiting child labor.

GBV protection units enforced child labor laws in cooperation with the Ministry of Labor, Industrial Relations, and Employment Creation. By law labor inspectors are not authorized to issue penalties for labor violations, including child labor violations. The ministry, however, made special provisions in its labor inspections to look for underage workers, although budget constraints limited the number of inspectors. The government trained all inspectors to identify the worst forms of child labor. Targeted labor inspections in areas where child labor was reported continued on a regular basis.

Children worked on communal farms owned by their families herding cattle, goats, and sheep. Children also worked as child minders or domestic servants and in family businesses, including informal “businesses” such as begging.

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

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, political opinion, national origin or citizenship, pregnancy, family responsibility, disability, age, language, social status, and HIV-positive status, and the government in general effectively enforced the law. The law requires equal pay for equal work. The law does not specifically address employment discrimination based on sexual or gender orientation.

Refugees and legal immigrants with work permits enjoy the same legal protections, wages, and working conditions as citizens.

The Ministry of Labor, Industrial Relations, and Employment Creation and the Employment Equity Commission both report to the minister of labor and are responsible for addressing complaints of discrimination in employment.

Discrimination in employment and occupation occurred with respect to gender (see section 6), most frequently in the mining and construction industries. Men occupied approximately two-thirds of upper management positions in both the private and public sectors. Indigenous and marginalized groups sometimes faced discrimination in employment involving unskilled labor.

Although various sectors have a minimum wage, there was no generally applicable minimum wage law. Unions and employers negotiated industry-specific minimum wages, under Ministry of Labor, Industrial Relations, and Employment Creation mediation, greater than the poverty rate.

The standard legal workweek was 45 hours, with at least 36 consecutive hours of rest between workweeks. By law an employer may not require more than 10 hours’ overtime work per week and must pay premium pay for overtime work. The law mandates 20 workdays of annual leave per year for those working a five-day workweek and 24 workdays of annual leave per year for those working a six-day workweek. The law also requires employees receive paid time off for government holidays, receive five days of compassionate leave per year, at least 30 workdays of sick leave during a three-year period, and three months of maternity leave paid by the employer and the Social Security Commission.

The Ministry of Labor, Industrial Relations, and Employment Creation mandates occupational safety and health standards, and the law empowers authorities to enforce these standards through inspections and criminal prosecution. The law requires employers to provide for the health, safety, and welfare of their employees. The law covers all employers and employees in the country, including the informal sector and individuals placed by a private employment agency (labor hire), except independent contractors and members of the National Defense Force, Namibian Intelligence Service, the Prison Service, and police. By law employees have the right to remove themselves from dangerous work situations, and authorities effectively protected employees in such situations.

The government did not always enforce labor laws effectively. Resources to enforce the law were limited, and the number of inspectors was insufficient to address violations. Inspections occurred proactively, reactively, and at random. Due to the ministry’s resource constraints in vehicles, budget, and personnel, as well as difficulty in gaining access to some large communal and commercial farms and private households, labor inspectors sometimes found it difficult to investigate possible violations. The law provides that persons convicted of violating safety regulations face a maximum fine of N$10,000 ($775), two years’ imprisonment, or both; however, the penalties were insufficient to deter violations, and labor law violations occurred. The Namibian Employers’ Federation reported that the most prominent offenses concerning employee rights and working conditions were in the informal sector, including the common informal bars known as “shebeens.”

There were several reports of incidents of serious violations of construction sector occupational safety and health standards.

Allegations persisted that, apart from failing to adhere to the labor code concerning hiring and firing, Chinese firms failed to pay sector-established minimum wages and benefits in certain industries, failed to respect workhour regulations for public holidays and Sundays, and ignored occupational health and safety measures, for example, by requiring construction workers to sleep on site.

North Macedonia

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The government did not always enforce applicable laws, and penalties were not always sufficient to deter violations.

The law requires federated unions to register with the Ministry of Labor and Social Policy and with the State Central Registry. Union leaders reported occasions when the ministry would extend the registration process for a new union for months without explanation.

A court of general jurisdiction may terminate trade union activities at the request of the registrar or competent court when those activities are deemed to be “against the constitution and law.” There are no nationality restrictions on membership in trade unions, although foreign nationals must have a valid work permit and be employed by the company or government body listed on the permit.

The government and employers did not always respect freedom of association, the right to strike, and the right to collective bargaining. Unions maintained the law’s “exclusionary” provision allowed employers to terminate up to 2 percent of workers from collective bargaining negotiations during a strike. Collective bargaining is restricted to trade unions that represent at least 20 percent of the employees and employers’ associations that represent at least 10 percent of the employers at the level at which the agreement is concluded (company, sector, or country). Government enforcement resources and remediation were inadequate. Penalties for violations of the law were insufficient to deter violations. Administrative and judicial procedures were generally subject to lengthy delays.

Unions, with the exception of a few branch unions, were generally not independent from the influence of government officials, political parties, and employers.

There were no substantive union activities in 2017 by either of the two largest union groups, the Federation of Trade Unions of Macedonia and the Confederation of Free Trade Unions of Macedonia. Unions submitted complaints to the Ombudsman’s Office mostly related to unsatisfactory conditions of work and insufficient protection at work places for jobs with risks to health or safety of employees.

The constitution and law prohibit all forms of forced or compulsory labor, and the government largely enforced applicable laws. The law prescribes imprisonment, which applies to violations of forced labor laws or for the destruction or removal of identification documents, passports, or other travel documents. Penalties were generally sufficient to deter violations. There were instances in which women and children were subjected to forced labor, such as peddling small items in restaurants and bars. Some Romani children were forced to beg, often by relatives (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government has established laws and regulations related to child labor, including prohibiting the worst forms of child labor. The government made efforts to enforce the law in the formal economy but did not do so effectively in the informal economy. Gaps exist in the country’s legal framework to protect children adequately from labor, including the worst forms of child labor and the minimum age for work. The minimum age for employment is 15, although children may begin work at 14 as apprentices or as participants in an official vocational education program. The law prohibits employing minors under the age of 18 in work that is detrimental to their physical or psychological health and morality. It also prohibits minors from working at night or more than 40 hours per week, but work done by self-employed minors or those lacking a formal work contract frequently violates the law.

The Ministry of Labor and Social Policy is responsible for enforcing laws regulating the employment of children. The government made efforts to enforce the law in the formal economy but did not do so effectively in the informal economy. Police and the ministry, through centers for social work, shared responsibility for enforcing laws on child trafficking, including forced begging. The law mandates a prison sentence for persons convicted of buying, selling, keeping, or taking minors for the purpose of exploitation. If enforced, the penalties would be sufficient to deter violations.

Children in the country engaged in the worst forms of child labor, including forced begging and commercial sexual exploitation. The most common examples included using children to beg, clean windshields; scavenging, and selling cigarettes or other small items in open markets, on the street, or in bars and restaurants at night. Although the necessary laws were in place, government efforts to eliminate forced begging by children were largely ineffective. Children involved in these activities were primarily Roma, Ashkali, and Balkan-Egyptian and most often worked for their parents or family members. Officials frequently failed to hold those exploiting the children accountable, and Romani children remained vulnerable to exploitation and forced labor.

The Ministry of Labor and Social Policy funded two day centers that provided education, medical, and psychological services to children who were forced to beg on the street. The ministry also cofunded a day center operated by an NGO in the Skopje suburb of Shuto Orizari.

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

Labor laws and regulations generally prohibit discrimination regarding race, sex, gender, disability, health status, political opinion, religion, age, national origin, language, or social status. The law does not address discrimination based on HIV or other communicable disease status. The government did not always enforce the laws effectively, and penalties were not always sufficient to deter violations. Civil activists complained that the State Commission for Protection against Discrimination was not doing its work and was merely an employment hub for individuals close to the previous governing party.

Discrimination in employment and occupation occurred with respect to gender, disability, and certain ethnic groups in the military, police, intelligence services, courts, national bank, customs service, state agencies, and public and private companies (see section 6, National/Racial/Ethnic Minorities). Despite government efforts and legal changes for mandatory inclusion in primary and high school education, Roma continued to live in segregated groups without proper health and social protection, mostly due to lack of registration documents. Data from the State Employment Office showed that due to the low participation in the education system, particularly higher education, Roma generally had difficulties finding a job in the formal economy. Women’s wages lagged behind those of men, and few women occupied management positions. Persons with disabilities faced discrimination in hiring and access to the workplace.

The national minimum wage was 12,000 denars ($231) per month. As of June, according to official statistics, the average monthly net wage was 24,203 denars ($458). In 2016 the State Statistical Office estimated that 21.9 percent of the population lived at or below the poverty line. The poverty threshold was measured as a monthly income of 14,500 denars ($273) for a family of four.

Although the government set occupational safety and health standards for employers, those standards were not enforced in the informal sector, which accounted for an estimated 22 percent of the economy.

Labor inspectors have the authority to press misdemeanor charges against an employer who violates labor laws and to fine and close an establishment until the employer corrects the violations. The total number of inspectors was considered adequate to investigate violations of labor law and penalties were sufficient to deter violations. Nevertheless, inspections were not adequate to ensure compliance due, in part, to an inadequate regional distribution of inspectors.

During the year the Ministry of Labor and Social Policy labor inspectorate filed complaints against several businesses for forcing employees to work long hours without the rest breaks required by law; nonpayment of salaries, benefits, and overtime; and cutting employees’ vacation. Violations in wage and overtime were most common in the textiles, construction, railroads, and retail sectors. The ombudsman’s office noted a higher than normal number of cases of termination of employment in local government due to the political affiliation of the employee.

Minimum wage, hours of work, and occupational safety and health standards were not effectively enforced. Many employers hired workers without complying with the law, and small retail businesses often required employees to work well beyond legal hourly limits. During the year the National Council for Occupational Safety and Health was not fully functional and held only an advisory role. While workers have the legal right to remove themselves from situations that endanger their health or safety without jeopardy to their future employment, employers did not always respect this right, reportedly due to the high unemployment rate.

There were, on average, 40 workplace fatalities per year, but no data on the specific causes of workplace deaths or injuries were available.

Oman

Section 7. Worker Rights

The law provides that workers can form and join unions, as well as conduct legal strikes and bargain collectively, but with significant restrictions. The law provides for one general federation, to which all unions must affiliate, and which represents unions in regional and international fora. The law requires a minimum of 25 workers to form a union, regardless of company size. The law requires an absolute majority of an enterprise’s employees to approve a strike, and notice must be given to employers three weeks in advance of the intended strike date. The law allows for collective bargaining; regulations require employers to engage in collective bargaining on the terms and conditions of employment, including wages and hours of work. Where there is no trade union, collective bargaining may take place between the employer and five representatives selected by workers. The employer may not reject any of the representatives selected. While negotiation is underway, the employer may not act on decisions related to problems under discussion. The law prohibits employers from firing or imposing other penalties on employees for union activity, although it does not require reinstatement for workers fired for union activity.

Despite the legal protections for labor unions, no independent organized labor unions existed. Worker rights continued to be administered and directed by the General Federation of Oman Trade Unions (GFOTU).

Government-approved unions are open to all legal workers regardless of nationality. The law prohibits members of the armed forces, other public security institutions, government employees, and domestic workers from forming or joining such unions. In addition labor laws apply only to workers who perform work under a formal employment agreement.

The law prohibits unions from accepting grants or financial assistance from any source without the Ministry of Manpower’s prior approval. By law unions must notify the government at least one month in advance of union meetings. All unions are subject to the regulations of the government federation and may be shut down or have their boards dismissed by the federation.

The government generally enforced applicable laws effectively and respected the rights to collectively bargain and conduct strikes, although strikes in the oil and gas industries are forbidden. The GFOTU reported in a survey conducted by the International Trade Union Confederation that employers bypassed collective bargaining and retaliated against workers who participated in strikes. The government provided an alternative dispute resolution mechanism through the Ministry of Manpower, which acted as mediator between the employer and employee for minor disputes such as disagreement over wages. If not resolved to the employee’s satisfaction, the employee could, and often did, resort to the courts for relief. The country lacked dedicated labor courts, and observers noted the mandatory grievance procedures were confusing to many workers, especially foreign workers. The Ministry of Manpower had sufficient resources to act in dispute resolution, and there were no complaints of lengthy delays or appeals. Foreign and local union leaders reported intimidation by companies for their activities and complained they were passed over for promotion.

Freedom of association in union matters and the right to collective bargaining exist, but often the threat of a strike can prompt either company action to resolution or spur government intervention. Strikes rarely occurred and were generally resolved quickly, sometimes through government mediation.

The law prohibits all forced or compulsory labor, but the law does not cover domestic workers. All police officials underwent training in how to identify victims of trafficking in persons to help them identify cases of forced or compulsory labor.

Conditions indicative of forced labor were present. By law all foreign workers, who constituted approximately one-half of the workforce and the majority of workers in some sectors, must be sponsored by a citizen employer or accredited diplomatic mission. Some men and women from South and Southeast Asia, employed as domestic workers or as low-skilled workers in the construction, agriculture, and service sectors, faced working conditions indicative of forced labor, including withholding of passports, restrictions on movement, usurious recruitment fees, nonpayment of wages, long working hours without food or rest, threats, and physical or sexual abuse. These situations were generally considered civil or contract matters by authorities, who encouraged dispute resolution rather than criminal action. Authorities continued to rely on victims to identify themselves and report abuses voluntarily, rather than proactively investigating trafficking in vulnerable communities.

Sponsorship requirements left workers vulnerable to exploitative conditions, as it was difficult for an employee to change sponsors (see section 2.d.). The “free visa” system allows sponsors to enable employees to work for other employers, sometimes in return for a fee. This system is illegal, but enforcement is weak and such arrangements left workers vulnerable. The government clarified that sponsors of domestic workers are not allowed to send their workers to another home to work, but the regulation was weakly enforced. Some employers of domestic workers, contrary to law, withheld passports and other documents, complicating workers’ release from unfavorable contracts and preventing workers’ departure after their work contracts expired. In some cases employers demanded exorbitant release fees totaling as much as four months’ salary before providing a “no-objection certificate” to permit the worker to change employers. Without this release letter, foreign workers are required to either depart the country for a minimum of two years, or remain in their current position. There were reports that sponsors were reluctant to provide release letters, which would result in loss of the foreign labor certificate for that position.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16 years, or 18 for certain hazardous occupations. Children between the ages of 16 and 18 may work only between the hours of 6 a.m. and 6 p.m. and are prohibited from working for more than six hours per day, on weekends, or on holidays. The law allows exceptions to the age requirement in agricultural works, fishing, industrial works, handicrafts, sales, and administration jobs, under the conditions that it is a one-family business and does not hinder the juvenile’s education or affect health or growth.

The Ministry of Manpower and Royal Oman Police are responsible for enforcing laws with respect to child labor. The law provides for fines for minor violations and imprisonment for repeat violations. Employers are given time to correct practices that may be deemed child labor.

In 2017 the country made a moderate advance in eliminating the worst forms of child labor. Although the problem does not appear to be widespread, children engaged in the worst forms of child labor, including in commercial sexual exploitation. The government does not publish information on the enforcement of child labor laws and lacks a reciprocal mechanism between the labor inspectorate and social services.

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

Labor laws and regulations do not address discrimination based on race, sex, gender, nationality, political views, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status. Discrimination occurred based on gender, sexual orientation, nationality, and gender identity. Foreign workers were required to take HIV/AIDS tests and could only obtain or renew work visas if the results were negative. For further discussion of discrimination, see section 6.

The minimum wage for citizens was 325 rials ($845) per month. Minimum wage regulations do not apply to a variety of occupations and businesses, including small businesses employing fewer than five persons, dependent family members working for a family firm, or some categories of manual laborers. The minimum wage does not apply to noncitizens in any occupation. Most citizens who lived in poverty, about 8 percent of the population, were engaged in traditional subsistence agriculture, herding, or fishing, and generally did not benefit from the minimum wage. The private sector workweek is 45 hours and includes a two-day rest period following five consecutive days of work. Government workers have a 35-hour workweek. The law mandates overtime pay for hours in excess of 45 per week.

The government sets occupational health and safety standards. The law states an employee may leave dangerous work conditions without jeopardy to continued employment if the employer was aware of the danger and did not implement corrective measures. Employees covered under the labor law may receive compensation for job-related injury or illness through employer-provided medical insurance.

Neither wage and hour nor occupational safety and health regulations apply to domestic workers.

The Ministry of Manpower is responsible for enforcing labor laws, and during the year it employed approximately 90 inspectors in Muscat and an additional 70 around the country. It generally enforced the law effectively with respect to citizens; however, it did not effectively enforce regulations regarding hours of employment and working conditions for foreign workers.

Labor inspectors with arrest authority for egregious violations performed random checks of worksites to verify compliance with all labor laws. Approximately 180 inspectors from the Department of Health and Safety of the Labor Care Directorate are responsible for enforcement of health and safety codes. Limited inspections of private sector worksites are required by law to deter or redress unsafe working conditions in the most dangerous sectors.

The Ministry of Manpower effectively enforced the minimum wage for citizens. No minimum wage existed for noncitizens. In wage cases the Ministry of Manpower processed complaints and acted as mediator. In a majority of cases, the plaintiff prevailed, gaining compensation, the opportunity to seek alternative employment, or return to their country of origin in the case of foreign laborers, although they rarely used the courts to seek redress. The ministry was generally effective in cases regarding minor labor disputes.

The government made insufficient efforts during the year to prevent violations or improve wages and working conditions, which disproportionately affected foreign workers.

Foreign workers were vulnerable to poor, dangerous, or exploitative working conditions. There were reports that migrant laborers in some firms and households worked more than 12 hours a day without a day off for below-market wages. Employers often cancelled the employment contracts of seriously sick or injured foreign workers, forcing them to return to their countries of origin or remain in the country illegally. Frequently, labor inspections focused on enforcing visa violations and deporting those in an irregular work visa status rather than verifying safe and adequate work conditions.

There are no maximum work-hour limits for domestic workers nor any mandatory rest periods, although the contract between the employer and worker can specify such requirements. There were frequent reports that domestic workers were subject to overwork with inadequate rest periods. Separate domestic employment regulations obligate the employer to provide domestic workers with free local medical treatment throughout the contract period. Penalties for noncompliance with health regulations, ranging from approximately 10 to 100 rials ($26 to $260), multiplying per occurrence per worker and doubling upon recurrence, were insufficient to deter violations. Some domestic workers were subjected to abusive conditions.

There was no data available on workplace fatalities or safety.

Pakistan

Section 7. Worker Rights

The vast majority of the labor force was under the jurisdiction of provincial labor laws. The 2010 18th constitutional amendment, which devolved labor legislation and policies to the four provinces, stipulated that existing national laws would remain in force “until altered, repealed, or amended” by the provincial governments. Provinces implemented their own industrial relations acts in 2011. In 2012 Parliament passed a new industrial relations act that took International Labor Organization (ILO) conventions into account but applied them only to the Islamabad Capital Territory and to trade federations that operated in more than one province.

The role of the federal government remained unclear in the wake of devolution. The only federal government body with any authority over labor issues was the Ministry of Overseas Pakistanis and Human Resource Development, whose role in domestic labor oversight was limited to compiling statistics to demonstrate compliance with ILO conventions. At the provincial level, laws providing for collective bargaining rights excluded banking and financial-sector workers, forestry workers, hospital workers, self-employed farmers, and persons employed in an administrative or managerial capacity.

Without any federal-level entity responsible for labor, the continued existence of the National Industrial Relations Commission remained in question. The 2012 Federal Industrial Relations Act stipulates that the commission may adjudicate and determine industrial disputes within the Islamabad Capital Territory to which a trade union or federation of trade unions is a party and any other industrial dispute determined by the government to be of national importance. This provision does not provide a forum specifically for interprovincial disputes but appears to allow for the possibility that the commission could resolve such a dispute. Worker organizations noted the limited capacity and funding for labor relations implementation at the provincial level.

The law prohibits state administrators, workers in state-owned enterprises, and export processing zones, and public-sector workers from collective bargaining and striking. Provincial industrial relations acts also address and limit strikes and lockouts. For example, the KP act specifies that when a “strike or lockout lasts for more than 30 days, the government may, by order in writing, prohibit the strike or lockout” and must then refer the dispute to a labor court.

Federal law defines illegal strikes, picketing, and other types of protests as “civil commotion,” which carries a penalty of up to life imprisonment. The law also states that gatherings of four or more persons may require police authorization, a provision authorities could use against trade union gatherings. Unions were able to organize large-scale strikes, but police often broke up the strikes, and employers used them to justify dismissals. In January, during a protest by teachers seeking back wages, the police used forced and detained 60 protestors. Chief Minister Murad Ali Shah described the police action as unacceptable. Marches and protests also occurred regularly, although police sometimes arrested union leaders.

Enforcement of labor laws remained weak, in large part due to lack of resources and political will. Most unions functioned independently of government and political party influence. Labor leaders raised concerns about employers sponsoring management-friendly or only-on-paper worker unions–so-called yellow unions–to prevent effective unionization.

There were no reported cases of the government dissolving a union without due process. Unions could be administratively “deregistered,” however, without judicial review.

Labor NGOs assisted workers by providing technical training and capacity-building workshops to strengthen labor unions and trade organizations. They also worked with established labor unions to organize workers in the informal sector and advocated policies and legislation to improve the rights, working conditions, and well-being of workers, including laborers in the informal sector. NGOs also collaborated with provincial governments to provide agricultural workers, brick kiln workers, and other vulnerable workers with national identification so they could connect to the country’s social safety net and access the benefits of citizenship (such as voting, health care, and education).

The law prohibits all forms of forced or compulsory labor, cancels all existing bonded labor debts, forbids lawsuits for the recovery of such debts, and establishes a district “vigilance committee” system to implement the law. Federal and provincial acts, however, prohibit employees from leaving their employment without the consent of the employer, since doing so would subject them to penalties of imprisonment that could involve compulsory labor.

In May Parliament passed comprehensive legislation to counter human trafficking. The law defines trafficking in persons as recruiting, harboring, transporting, providing, or obtaining another person (or attempting to do so) through force, fraud, or coercion for the purpose of compelled labor or commercial sex. The penalty for trafficking in persons is up to 10 years in prison or a fine of up to one million rupees ($7,200). If committed against a child or woman, the penalty must be at least two years or a fine of one million rupees ($7,200). If there are aggravating circumstances, the penalty is up to 14 years and not less than three years a fine up to two million rupees ($14,400). Lack of political will, the reported complicity of officials in labor trafficking, federal and local government structural changes, and a lack of funds contributed to the failure of authorities to enforce federal law relating to forced labor. Resources, inspections, and remediation were inadequate.

The use of forced and bonded labor was widespread and common in several industries across the country. NGOs estimated that nearly two million persons were in bondage, primarily in Sindh and Punjab, but also in Balochistan and KP. A large proportion of bonded laborers were low-caste Hindus as well as Christians and Muslims with lower socioeconomic backgrounds. Bonded labor was reportedly present in the agricultural sector, including the cotton, sugarcane, and wheat industries, and in the brick, coal, and carpet industries. Bonded laborers often were unable to determine when their debts were fully paid, in part because contracts were rare, and employers could take advantage of bonded laborers’ illiteracy to alter debt amounts or the price laborers paid for goods they acquired from their employers. In some cases, landowners restricted laborers’ movements with armed guards or sold laborers to other employers for the price of the laborers’ debts.

Ties between landowners, industry owners, and influential politicians hampered effective elimination of the problem. For example, some local police did not pursue landowners or brick kiln owners effectively because they believed higher-ranking police, pressured by politicians or the owners themselves, would not support their efforts to carry out legal investigations. Some bonded laborers returned to their former status after they were freed due to a lack of alternative employment options.

Boys and girls were bought, sold, rented, or kidnapped to work in illegal begging rings, as domestic servants, or as bonded laborers in agriculture and brick-making (see section 7.c.). Illegal labor agents charged high fees to parents with false promises of decent work for their children and later exploited them by subjecting the children to forced labor in domestic servitude, unskilled labor, small shops, and other sectors.

The government of Punjab funded the Elimination of Child Labor and Bonded Labor Project, under which the Punjab Department of Labor worked to combat child and bonded labor in brick kilns by helping workers obtain national identity cards and interest-free loans and providing schools at brick kiln sites. Since its 2014 launch, the project has reportedly succeeded in removing nearly 90,000 children from work in brick kilns and enrolling them in school. The KP, Punjab, and Sindh ministries of labor reportedly worked to register brick kilns and their workers in order to regulate the industry more effectively and provide workers access to labor courts and other services. According to ILO officials, the KP and Punjab provincial governments have registered nearly all brick kilns in their provinces and Punjab has completed digital mapping of the kilns.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/ and the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings .

c. Prohibition of Child Labor and Minimum Age for Employment

The constitution expressly prohibits the employment of children younger than age 14 in any factory, mine, or other hazardous site. The national law for the employment of children sets the minimum age for hazardous work at 15, which does not comply with international standards. Provincial laws in Khyber Pakhtunkhwa, Punjab, and Sindh set the minimum age for hazardous work at 18 or 19, meeting international standards. Despite these restrictions, there were nationwide reports of children working in areas the law defined as hazardous, such as leather manufacturing, brick making, and deep-sea fishing.

National law establishes 15 as the minimum age for nonhazardous work, but does not extend the minimum age limit to informal employment. For legally working-age children, the law limits the workday to seven hours, including a one-hour break after three hours of labor, and sets permissible times of day for work and time off. The law does not allow children to work overtime or at night, and it specifies they should receive one day off per week. Additionally, the law requires employers to keep a register of child workers for labor inspection purposes. These national prohibitions and regulations do not apply to home-based businesses. The Sindh Assembly, however, passed the Sindh Home-Based Workers Act on May 9, which extends the right to social welfare benefits, worker protections, and the minimum wage to home-based workers; mandates the creation of an employer-financed welfare fund and a council tasked with oversight of home-based employer and worker registration; and outlines a dispute resolution framework.

Federal law prohibits the exploitation of children younger than 18 and defines exploitative entertainment as all activities related to human sports or sexual practices and other abusive practices. Parents who exploit their children are legally liable.

Child labor remained pervasive, with many children working in agriculture and domestic work. There were also reports that small workshops employed a large number of child laborers, complicating efforts to enforce child labor laws, since by law inspectors may not inspect facilities employing fewer than 10 persons. Poor rural families sometimes sold their children into domestic servitude or other types of work, or they paid agents to arrange for such work, often believing their children would work under decent conditions. Some children sent to work for relatives or acquaintances in exchange for education or other opportunities ended in exploitative conditions or forced labor. Children also were kidnapped or sold into organized begging rings, domestic servitude, militant groups and gangs, and child sex trafficking.

Coordination of responses to child labor problems at the national level remained ineffective. Labor inspection was the purview of provincial rather than national government, which contributed to uneven application of labor law. Enforcement efforts were not adequate to meet the scale of the problem. Inspectors had little training and insufficient resources and were susceptible to corruption. Authorities registered hundreds of child labor law violations, but often did not impose penalties on violators; when they did, the penalties were not a significant deterrent. Authorities generally allowed NGOs to perform inspections without interference.

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

While regulations prohibit discrimination in employment and occupation regarding race, sex, gender, disability, language, gender identity, HIV-positive status or other communicable diseases, or social status, the government did not effectively enforce those laws and regulations. Discrimination with respect to employment and occupation based on these factors persisted.

The 2010 passage of the 18th amendment to the constitution dissolved the federal Ministry of Labor and Manpower, resulting in the devolution of labor issues to the provinces. Some labor groups, international organizations, and NGOs remained critical of the devolution, contending that certain labor issues–including minimum wages, worker rights, national labor standards, and observance of international labor conventions–should remain within the purview of the federal government. Observers also raised concerns about the provinces’ varying capacity and commitment to adopt and enforce labor laws. Some international organizations, however, observed that giving authority to provincial authorities led to improvements in labor practices, including inspections, in some provinces.

In 2017 the government raised the minimum wage for unskilled workers from 14,000 rupees ($100) to 15,000 rupees ($108) per month, and all provincial governments’ budgets were required to follow that directive. The minimum wage was greater than the World Bank’s estimate for poverty level income. Authorities increased the minimum wage in the annual budget, and both federal and provincial governments issued notifications for such increases to go into effect. Minimum wage laws did not cover significant sectors of the labor force, including workers in the informal sector, domestic servants, and agricultural workers; and enforcement of minimum wage laws was uneven. The government did not address minimum wage in its budget for 2018-19, a break from its past practice of increasing the minimum wage each year.

The law provides for a maximum workweek of 48 hours (54 hours for seasonal factories) with rest periods during the workday and paid annual holidays. The labor code also requires official government holidays, overtime pay, annual and sick leave, health care, education for workers’ children, social security, old-age benefits, and a workers’ welfare fund. Many workers, however, were employed as contract laborers with no benefits beyond basic wages and no long-term job security, even if they remained with the same employer for years. Furthermore, these national regulations do not apply to agricultural workers, workers in establishments with fewer than 10 employees, or domestic workers. Workers in these types of employment also lack the right to access labor courts to seek redress of grievances and were extremely vulnerable to exploitation. The industry-specific nature of many labor laws and the lack of government enforcement gave employers in many sectors relative impunity with regard to working conditions, treatment of employees, work hours, and pay.

Provincial governments have primary responsibility for enforcing national labor regulations. Enforcement was ineffective due to limited resources, corruption, and inadequate regulatory structures. The number of labor inspectors employed by the provincial governments is insufficient for the approximately 64 million-person workforce. Many workers, especially in the informal sector, remained unaware of their rights. Due to limited resources for labor inspections and corruption, inspections and penalties were insufficient to deter violations of labor laws.

The provincial government of Sindh enacted a comprehensive occupational health and safety law in 2017, similar legislation is absent in other provinces. Nationwide, health and safety standards were poor in multiple sectors. The country’s failure to meet international health and safety standards raised doubts abroad as to its reliability as a source for imports. There was a serious lack of adherence to mine safety and health protocols. Many mines had only one opening for entry, egress, and ventilation. Workers could not remove themselves from dangerous working conditions without risking loss of employment. Informal-sector employees, such as domestic and home-based workers, were particularly vulnerable to health and safety issues. There were no official statistics on workplace fatalities and accidents during the year. Factory managers were often unable to ascertain the identity of fire or other work-related accident victims because these individuals were contract workers and generally did not appear in official records.

In September nine miners were killed and three injured following the collapse of a roof of a coalmine in KP’s Kohat district. On August 12, in Balochistan, 13 miners died in a coalmine explosion, and two rescuers died from exposure to methane gas during the rescue attempt. During a one-month period from May to June, three significant mining accidents occurred in Balochistan, resulting in the deaths of 27 miners. Labor groups estimated 80 miners die every year in Balochistan’s mines. In Sindh, 13 laborers died at a warehouse when a boiler exploded, causing the roof to collapse. Two child laborers died in the incident.

Panama

Section 7. Worker Rights

The law provides for private-sector workers to form and join independent unions, bargain collectively, and conduct strikes. By law public-sector employees may strike but may not organize unions. Instead, they may organize an association that can bargain collectively on behalf of members. The employer, however, is not legally obligated to bargain with the association. The law prohibits antiunion discrimination and requires reinstatement of workers terminated for union activity. Despite some restrictions, public- and private-sector employers generally respected freedom of association.

Unions and associations are required to register with government authorities. If the government does not respond to a private-sector union registration application within 15 days, the union automatically gains legal recognition. In the public sector, associations gain legal recognition automatically if the General Directorate for Administrative Public Sector Careers does not respond to registration applications within 30 days. The Varela administration (2013-18) approved 48 union-formation applications, compared with the previous administration’s approval of nine unions during five years.

The Board of Appeals and Conciliation of the Ministry of Labor has the authority to resolve certain labor disagreements, such as internal union disputes, enforcement of the minimum wage, and some dismissal issues. The law allows arbitration by mutual consent, at the request of the employee or the ministry in the case of a collective dispute in a privately held public utility company. It allows either party to appeal if arbitration is mandated during a collective dispute in a public-service company. The board has sole competency for disputes related to domestic employees, some dismissal issues, and claims of less than 1,500 balboas.

Government-regulated union membership policies place some restrictions on freedom of association. The constitution mandates that only citizens may serve on a union’s executive board. In addition the law requires a minimum of 40 persons to form a private-sector union (either by a company across trades or by trade across companies) and allows only one union per business establishment. The ILO criticized the 40-person minimum as too large for workers wanting to form a union within a company. Many domestic labor unions, as well as the public and private sector, reiterated their support for keeping the figure at 40 individuals.

In the public sector, member associations represent workers. The law stipulates only one association may exist per public-sector institution and permits no more than one chapter per province. Forty public servants are required to form an association.

The National Federation of Public Servants (FENASEP), an umbrella federation of 25 public-sector worker associations, advocates for adequate treatment of the public sector as a sector with established rights like that of private-sector unionized groups. FENASEP contended there was no political will to allow public servants within ministries to form unions because this could eliminate space for political appointees. No law protects the jobs of public-sector workers in the event of a strike.

The law prohibits federations and confederations from calling strikes, as well as strikes against the government’s economic and social policy. Individual associations under FENASEP may negotiate on behalf of their members. FENASEP leaders noted that collective bargaining claims were heard and recognized, but they reported a lack of change afterwards, particularly regarding dismissals without cause.

A majority of employees must support a strike, and strikes are permitted only if they are related to the improvement of working conditions, a collective bargaining agreement, or in support of another strike of workers on the same project (solidarity strike). In the event of a strike, at least 20 to 30 percent of the workforce must continue to provide minimum services, particularly public services as defined by law, such as transportation, sanitation, mail delivery, hospital care, telecommunications, and public availability of essential food.

Strikes in essential transportation services are limited to those involving public passenger services. The law prohibits strikes for the Panama Canal Authority’s employees but allows associations to organize and bargain collectively on issues such as schedules and safety and provides arbitration to resolve disputes. (The Panama Canal Authority is an autonomous government entity, with independence from the central government.).

The Conciliation Board in the Ministry of the Presidency hears and resolves public-sector worker complaints. The board refers complaints it cannot resolve to arbitration panel, which consists of representatives from the employer, the workers’ association, and a third member chosen by the first two. If the dispute cannot be resolved, it is referred to a tribunal under the board. Observers, however, said the Ministry of the Presidency had not designated the tribunal judges. The alternative to the board is the civil court system. Cases presented in the courts tended to favor the employer. FENASEP noted one public-sector institution had appealed more than 100 complaints to the Supreme Court, only two of which were ruled in favor of the public-sector employee. Supreme Court decisions are final.

Two major strikes occurred during the year. The Panama Canal Tugboat Union (UCOC) claimed unsafe work conditions led to three collisions in the Panama Canal. Beginning in August the UCOC periodically went on strike, mostly over safety reasons. UCOC representatives asserted that due to a low minimum crew requirement and poor-quality tugboats, crews were overworked, fatigued, and experiencing anxiety. They suggested the Panama Canal Authority was using disciplinary action against UCOC protesters. In May SUNTRACS, the largest union of construction workers in the country, launched a strike demanding better wages. After one month of strikes, they negotiated a 14 percent increase in their salaries.

The law prohibits all forms of forced labor of adults or children. It establishes penalties of 15 to 20 years’ imprisonment for forced labor involving movement (either cross-border or within the country) and six to 10 years’ imprisonment for forced labor not involving movement. Such penalties were sufficiently stringent to deter violations.

There continued to be reports of Central and South American and Chinese men exploited in forced labor in construction, agriculture, mining, restaurants, door-to-door peddling, and other sectors; traffickers reported used debt bondage, false promises, lack of knowledge of the refugee process and irregular status, restrictions on movement, and other means. There also were reports of forced child labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than age 14, although children who have not completed primary school may not begin work until age 15. The family code permits children ages 12 to 14 to perform domestic and agricultural work with regard to schedule, salary, contract, and type. The law allows children ages 12 to 15 to perform light work in agriculture if the work is outside regular school hours. The law also allows a child older than age 12 to perform light domestic work and stipulates employers must ensure the child attends school through primary school. The law neither limits the total number of hours these children may work nor defines the light work children may perform. The law prohibits children younger than age 18 from engaging in hazardous work but allows children as young as 14 to perform hazardous tasks in a training facility, in violation of international standards.

Youths younger than age 16 may work no more than six hours per day or 36 hours per week, while those ages 16 and 17 may work no more than seven hours per day or 42 hours per week. Children younger than 18 may not work between 6 p.m. and 8 a.m.

In 2017 the government strengthened the penalties for child labor, improved agricultural labor inspections, and increased interagency coordination on labor cases. The government increased fines for child labor law violators, who may be fined up to 700 balboas for a first-time violation. Employers who endanger the physical or mental health of a child may also face two to six years’ imprisonment.

Sixty personnel from the Childhood and Adolescence Police, the National Secretariat for Childhood Adolescence and Family, and other government agencies received training on investigating and sanctioning the commercial sexual exploitation of children. Criminal enforcement agencies subsequently investigated 920 reports of commercial sexual exploitation of children and prosecuted and sanctioned four individuals. The country is a source, transit, and destination for men and women exploited in forced labor. Children were exploited in forced labor, particularly domestic servitude, and sex trafficking. The law includes punishment of up to 12 years’ imprisonment for anyone who recruits children under age 18 or uses them to participate actively in armed hostilities.

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

The law prohibits discrimination regarding race, gender, religion, political opinion, citizenship, disability, social status, and HIV status but not based on sexual orientation or gender identity. Although the Ministry of Labor adopted the UN Development Program’s Gender Equality Seal program, the government had neither developed an implementation strategy nor allocated a national source of funds to promote gender equality in the workplace. In addition, a gender wage gap continued to exist, despite the country being a member of the Equal Pay International Coalition, which promotes pay equality between women and men.

Discrimination in employment and occupation occurred with respect to race, sex, gender, disability, sexual orientation or gender identity, and HIV-positive status. During the job interview process, applicants, both citizens and migrants, must complete medical examinations, including HIV/AIDS testing. The law requires all laboratories to inform applicants an HIV test will be administered, but private-sector laboratories often did not comply. It was common practice for human resources offices in the private sector to terminate the application of a citizen who was HIV positive, usually without informing the applicant. For HIV-positive migrants, private laboratories often informed law enforcement, and the National Immigration Office began deportation procedures. Observers noted that during job interviews, women were often asked if they were married, pregnant, or planned to have children in the future. It was common practice for human resources offices to terminate the applications of women who indicated a possibility of pregnancy in the near future (see section 6).

The law provides for a national minimum wage. Public servants’ monthly minimum wage met the official estimate for the poverty income level. Most workers formally employed in urban areas earned the minimum wage or more. Approximately 41 percent of the working population worked in the informal sector, and some earned well below the minimum wage. The agricultural sector, as well as the maritime and aviation sectors, received the lowest and highest minimum wages, respectively. The Ministry of Labor was less likely to enforce labor laws in most rural areas (see section 6, Indigenous People).

The law establishes a standard workweek of 48 hours, provides for at least one 24-hour rest period weekly, limits the number of hours worked per week, provides for premium pay for overtime, and prohibits compulsory overtime. There is no annual limit on the total number of overtime hours allowed. If employees work more than three hours of overtime in one day or more than nine overtime hours in a week, excess overtime hours must be paid at an additional 75 percent above the normal wage. Workers have the right to 30 days’ paid vacation for every 11 months of continuous work, including those who do not work full time.

The Ministry of Labor is responsible for setting health and safety standards. Standards set were generally current and appropriate for the main industries in the country. The law requires employers to provide a safe workplace environment, including the provision of protective clothing and equipment for workers.

The Ministry of Labor generally enforced these standards in the formal sector. The inspection office comprised two groups: the Panama City-based headquarters group and the regional group. As of September there were 47 inspectors reported within the headquarters. The regional branches had 69 general inspectors and 118 safety inspectors for construction sites. The number of inspectors was insufficient to enforce labor laws adequately. As of July the Ministry of Labor had conducted 9,929 safety inspections nationwide. Fines were low and generally insufficient to deter violations. During the year, however, the government levied fines according to the number of workers affected, resulting in larger overall fines.

Reports of violations relating to hours of work were frequent, especially in the maritime sector, where unions reported shifts of 14 to 24 hours. These long shifts reportedly resulted in fatigue-based occupational safety and health risks. Reports also indicated that neither the Maritime Authority nor the Labor Ministry conducted inspections regarding working conditions in the maritime sector. Canal Zone unions and workers experienced difficulties accessing the justice system to adjudicate complaints due to delays and other deficiencies of the Labor Relations Board, which is the court of first instance on labor matters in the Canal Zone. Reports also indicated violations relating to hours of work for coffee harvest workers, who often lacked formal contracts and were vulnerable to coercion from the employer.

Employers often hired employees under short-term contracts to avoid paying benefits that accrue to long-term employees. Employers in the maritime sector also commonly hired workers continuously on short-term contracts but did not convert them to permanent employees as required by law. The law states that employers have the right to dismiss any employee without justifiable cause before the two-year tenure term. As a result, employers frequently hired workers for one year and 11 months and subsequently laid them off to circumvent laws that make firing employees more difficult after two years of employment. This practice is illegal if the same employee is rehired as a temporary worker after being laid off, although employees rarely reported the practice.

Inspectors from the Ministry of Labor and the occupational health section of the Social Security Administration reported conducting periodic inspections of hazardous employment sites. The law requires the resident engineer and a ministry construction-industry inspector to remain on construction sites, establish fines for noncompliance, and identify a tripartite group composed of the Chamber of Construction, SUNTRACS, and the ministry to regulate adherence.

Some construction workers and their employers were occasionally lax about basic safety measures, frequently due to their perception that it reduced productivity. Equipment was often outdated, broken, or lacking safety devices, due in large part to a fear that the replacement cost would be prohibitive.

Papua New Guinea

Section 7. Worker Rights

The law provides for the right of workers in the public and private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. The government has limited influence over trade union formation and registration. The law does not cover workers in the informal sector, which accounted for 85 percent of the labor force, most of whom were engaged in small-scale farming.

The law requires unions to register with the Department of Labor and Industrial Relations. An unregistered union has no legal standing and thus cannot operate effectively. Although the law provides for the right to strike, the government may, and often did, intervene in labor disputes, forcing arbitration before workers could legally strike or refusing to grant permission for a secret ballot vote on strike action. Some union leaders complained that the labor department’s refusal to allow for votes on strike action constituted undue government influence. By law the government has discretionary power to intervene in collective bargaining by canceling arbitration awards or declaring wage agreements void when deemed contrary to government policy.

The law prohibits both retaliation against strikers and antiunion discrimination by employers against union leaders, members, and organizers. The law does not provide for reinstatement of workers dismissed for union activity. In cases of retaliation or unlawful dismissal for union activity, the court may fine an employer and may order the reinstatement of the employee and reimbursement of any lost wages. If an employer fails to comply with such directives, the court may order imprisonment or fines until the employer complies.

The labor department is responsible for enforcing the law but did so selectively. Penalties were insufficient to deter violations since the maximum fine was PGK 1,000 ($290). With two labor inspectors per province and inadequate resources, inspectors usually monitored and enforced the law on an ad hoc basis. The labor department did not always act to prevent retaliation against strikers or protect workers from antiunion discrimination, which remained widespread in the logging sector and in state-owned enterprises. Observers attributed its ineffectiveness to a lack of sufficient manpower and resources.

Unions were generally independent of both the government and political parties, whose influence diminished from previous years. Employees of some government-owned enterprises went on strike on several occasions during the year, primarily to protest against privatization policies, terminations, and appointments of managers or board members, or in pay disputes. In most cases the strikes were brief due to temporary agreements reached between the government and workers. In February state-owned Ok Tedi Mine fired 93 employees for participating in a one-day protest demanding better working conditions. The chief executive officer of Ok Tedi said the employees’ decision to stage a protest was not in line with proper protocol for filing grievances. The workers filed a complaint with the labor department but as of October the investigation had not been completed.

Workers in both the public and private sectors engaged in collective bargaining. The labor department and courts were involved in dispute settlement.

The constitution and law prohibit all forms of forced or compulsory labor. Penalties are sufficiently stringent to deter violations, but the government did not effectively enforce the law.

Logging and mining sites primarily operated in remote regions with negligible government oversight, and authorities did not make efforts to identify forced labor victims at these sites. The law allows officials, on order of a judge or magistrate, to apprehend a noncitizen crewmember of a foreign-registered ship who fails to rejoin the crewmember’s ship during its time in the country. The crewmember is placed at the disposal of the diplomatic representative of the country in which the ship is registered (or, if no such representation exists, the ship’s owner or representative) in order to return him to the ship. Observers noted this practice might prevent foreign workers from reporting or escaping situations of forced labor.

There were reports that foreign and local women and children were subjected to forced labor as domestic servants, as beggars or street vendors, and in the tourism sector (also see section 7.c.). Foreign and local men were subjected to forced labor, including through debt bondage, in the logging, mining, and fishing sectors. There also were reports of foreign workers, particularly from China and other Pacific nations, entering the country with fraudulent documents and being subjected to forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

By law the minimum working age is 16 years. The minimum age for hazardous work is 18, but the government has not identified a list of which occupations are hazardous. Children between 11 and 16 years may be employed in light work in a family business or enterprise, provided they have parental permission, medical clearance, and a work permit from a labor office. This type of employment was rare, except in subsistence agriculture. Work by children between 11 and 16 years must not interfere with school attendance, and children younger than 16 may not be employed in working conditions dangerous to their health. The law does not, however, specify the types of activities in which light work is permitted nor the number of hours per week this work may be undertaken. The labor department is responsible for enforcing child labor law provisions; however, enforcement was not effective due to lack of resources and weak penalties.

There was a high prevalence of child labor in urban and rural areas, including in hazardous occupations. Children were seen directing parking and selling cigarettes, food, and DVDs on the street and in grocery stores throughout the country, sometimes near mining and logging camps. There were reports of boys as young as 12 years being exploited as “market taxis” in urban areas, carrying extremely heavy loads for low pay; some may have been victims of forced labor. There were also reports of children engaging in mining activities, including prospectors forcing children to work in alluvial gold mining.

Children work mainly in subsistence agriculture, cash crop farming, and livestock herding. This included seasonal work in plantations (for coffee, tea, copra, and palm oil) in the formal and informal rural economies.

Some children (primarily girls) worked long hours as domestic servants in private homes, often to repay a family debt to the “host” family, in situations that sometimes constituted domestic servitude. In some cases the host was a relative who informally “adopted” the child. There were reports of commercial sexual exploitation of children (see section 6, Children).

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

No law prohibits discrimination regarding race, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status. The constitution bars discrimination based on disability, but the government did not take measures to protect persons with disabilities from discrimination. The law bans discrimination based on gender for employment and wages in the workplace. The government did not effectively enforce these laws.

The law explicitly precludes women from employment in certain occupations, allows the government to recruit either men or women for certain civil service positions, and discriminates by gender in eligibility for certain job-related allowances.

Discrimination occurred based on the above categories with respect to employment and occupation. For example, the International Labor Organization noted there were concerns regarding discrimination against certain ethnic groups, including Asian workers and entrepreneurs.

The minimum wage was PGK 3.50 ($1.05) per hour for all workers; this was above the official estimate for the poverty income level. The law regulates minimum wage levels, allowances, rest periods, holiday leave, and overtime work. The law limits the workweek to 42 hours per week in urban areas and 44 hours per week in rural areas, and it provides for premium pay for overtime work. Labor laws do not apply to workers in the informal sector.

The labor department is responsible for enforcing the law regarding minimum wage and work hours and occupational safety and health. It sets occupational safety and health standards and is required by law to inspect work sites on a regular basis. Due to a lack of resources, however, inspections took place only when requested by workers or unions. Workers are entitled to wages while the inspection takes place, although the law does not specify further protection for employees who seek to remove themselves from conditions they deem hazardous. The number of occupational health and safety and industrial relations inspectors, 43, was insufficient to enforce compliance. The labor department and the courts were not effective in enforcing the law regarding minimum wage and hours of work, in part because penalties were insufficient to deter violations. In the case of a second or subsequent, continuing offense, the employer is liable for a fine for each day or part of each day for which the offense continued. When an employer fails to obey an order, direction, or requirement, the court may order imprisonment of the offender until the directive is obeyed.

Violations of wage, overtime, and occupational safety and health laws and regulations were common in the logging, mining, agricultural, and construction sectors due to the government’s lack of enforcement capacity. The logging industry in particular was known for extremely low wages and poor working conditions, including cramped and unhygienic worker housing. Workers in the mining sector were also subjected to hazardous and exploitative conditions, including exposure to toxic metals such as mercury.

According to World Bank data, 90 percent of the 2.9 million workers labored in rural areas, where law enforcement and monitoring were weak.

Paraguay

Section 7. Worker Rights

The law, including related regulations and statutory instruments, provides for the right of workers to form and join independent unions (with the exception of the armed forces and police), bargain collectively, and conduct legal strikes. The law prohibits binding arbitration or retribution against union organizers and strikers. There are several restrictions on these rights. The law requires that industrial unions have a minimum of 20 members to register. All unions must register with the Ministry of Labor, Employment, and Social Security, a process that often takes more than a year. The ministry, however, typically issued provisional registrations within weeks of application to allow labor unions to operate. Unions with provisional registrations had the same rights and obligations as other unions. Workers cannot be members of more than one union, even if they have more than one part-time employment contract. Strikes are limited to purposes directly linked to workers’ occupations. Candidates for trade union office must work for a company and be active members of the union.

The Ministry of Labor, Employment, and Social Security is responsible for enforcing labor rights, registering unions, mediating disputes, and overseeing social security and retirement programs. Penalties, fines, and remedies associated with discrimination against unions were generally ineffective. Investigations of antiunion discrimination to protect labor rights were rare, lacked sufficient resources, and reportedly occurred only if requested by an aggrieved party. The ministry does not have jurisdiction to initiate or participate in antiunion litigation. Employers who fail to recognize or to bargain collectively with a registered union face fines of 50 days’ wages, or approximately Gs. 3.5 million ($595). Employers who blacklist employees face fines of only 30 days’ wages, or approximately Gs. 2.1 million ($350). These penalties were insufficient to deter violations. The government often did not prevent retaliation by employers who took action against strikers and union leaders. Administrative and judicial procedures were subject to lengthy delays, mishandling of cases, and corruption.

The government did not always respect unions’ freedom of association and the right to collectively bargain. Employers and professional associations heavily influenced some private-sector unions. The leadership of several unions representing public-sector employees had ties to political parties and the government.

While union workers from the steel and maritime industries were unionized and often received relevant legal protections, most workers, including farmers, ranchers, and informal-sector employees, did not participate in labor unions. Many of these workers were members of farmworker movements.

The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law. The Ministry of Labor, Employment, and Social Security lacked adequate resources to conduct inspections, especially in remote areas where forced labor was reportedly more prevalent. The Special Directorate to Fight the Trafficking of Persons and Commercial Sexual Exploitation of Children, however, increased child and forced labor investigations in the Chaco region, where the worst forms of child labor, human trafficking, and debt bondage were most prevalent. Penalties for violations include up to 20 years in prison, but enforcement was minimal and penalties were insufficient to deter violations.

During the year the labor ministry’s regional office in the Chaco received complaints for unjustified firings, nonpayment of wages, and other labor violations. The ministry did not confirm instances of debt bondage in the Chaco but would not dismiss the possibility that it continued to exist. In that region there were reports children worked alongside their parents in debt bondage on cattle ranches, on dairy farms, and in charcoal factories. The government continued antitrafficking law enforcement and training efforts and provided limited protective services to female and child trafficking victims. The labor ministry began an antichild-labor information campaign specific to the Chaco in August.

Child labor and trafficking, particularly in domestic service, was a significant problem (see section 7.c.). Reports of criadazgo continued throughout the year. Criadazgo is the practice where middle- and upper-income families informally “employ” child domestic workers, often from impoverished families, and provide them with shelter, food, some education, and a small stipend. Although not all children in situations of criadazgo were victims of trafficking, it made them more vulnerable. The government did not oversee implementation of the practice nor specifically safeguard the rights of children employed through the criadazgo system. While the practice is not legally prohibited specifically, the National Child and Adolescent Secretariat continued to denounce it as illegal under child labor laws.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, with the exception of slavery-like practices that do not include trafficking involving physical movement of the victim. The minimum age for full-time employment is 18. Children 14 to 17 years old may work with written parental authorization, if they attend school and do not work more than four hours a day (14-15 years old) or six hours (16-17 years old), and do not work more than a maximum of 24 hours per week.

The government did not effectively enforce laws protecting children from exploitation in the workplace. The maximum administrative penalty for employing a child under age 14 is a fine of Gs. 3.78 million ($640). The law stipulates those who employ adolescents between ages 14 and 17 under hazardous conditions must pay the maximum administrative penalty, serve up to five years in prison, or both, but penalties were insufficient to deter violations due to lax enforcement.

The Ministry of Labor, Employment, and Social Security is responsible for administratively enforcing child labor laws, and the Attorney General’s Office prosecutes violators. The Ombudsman’s Office and the Child Rights Committee receive complaints and refer them to the Attorney General’s Office. In the first nine months of the year, the ministry received 17 complaints regarding child and adolescent workers. Most worked as metalworkers, cashiers, sales clerks, helpers, and in other service jobs.

Child labor continued to occur in retail; sugar, brick, and limestone production; domestic service; and small-scale agricultural sectors. Children, primarily boys, also worked in the manufacturing and agricultural sectors and in the restaurant and other service industries. According to both the government and the NGO community, 45,000-47,000 children, primarily girls, worked as domestic servants and received little or no pay under the criadazgo system. In exchange for work, employers promised child domestic servants room, board, and financial support for school. Some of these children were victims of human trafficking for the purposes of forced child labor, did not receive pay or the promised benefits in exchange for work, suffered from sexual exploitation, and often lacked access to education.

The 2017 case against Rosa Delvalle and Anderson Rios for serious bodily damage, attempted homicide, sexual abuse, and torture for forcing a 15-year-old minor to drink caustic soda while working as a domestic servant under the criadazgo system remained pending as of August 24.

The worst forms of child labor occurred where malnourished, abused, or neglected children worked in unhealthy and hazardous conditions selling goods or services on the street, working in factories, or harvesting crops. Children were used, procured, and offered to third parties for illicit activities, including commercial sexual exploitation (see also section 6, Children), sometimes with the knowledge of parents and guardians, who received remuneration. Some minors were involved in forced criminality, acting as drug smugglers for criminal syndicates along the border with Brazil. Children reportedly work in debt bondage alongside their parents in the Chaco region (see section 7.b.).

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

The law specifically prohibits discrimination based on race, color, sex, age, religion, political opinion, disability, HIV-positive status, or social origin. The government did not effectively enforce the law, and penalties were insufficient to deter violations. The fines for discrimination range from 10 to 30 daily wages per affected worker.

The press and civil society reported on employment discrimination based on sex, race, disability, age, language, weight, sexual orientation, HIV-positive status, and pregnancy.

The mandatory national minimum wage was Gs. 2.12 million ($355) per month. The mandatory minimum wage for domestic employees is set at 60 percent of the national minimum wage. Both were above the official estimate for the poverty income level. The law stipulates that domestic employees work a maximum of eight hours per day. The law provides for a standard legal workweek of 48 hours (42 hours for night work) with one and one-half days of rest. There are no prohibitions of, or exceptions for, excessive compulsory overtime.

The government sets appropriate occupational health and safety standards stipulating conditions of safety, hygiene, and comfort. Although these standards were current and appropriate for light-manufacturing and construction industries, enforcement was inadequate.

The Ministry of Labor, Employment, and Social Security did not effectively enforce provisions for overtime pay, the minimum wage, or limitations on hours of work in the formal or the informal sector. It launched public awareness campaigns, however, aimed at employers and workers to raise awareness of labor laws and worker rights. The number of labor inspectors was insufficient to enforce compliance with all labor laws, and penalties were insufficient to deter violations.

During the first eight months of the year, the labor ministry’s Department of Mediation of Private Conflicts received 5,571 labor complaints and mediation requests. Men filed the majority of these complaints, which involved illegal dismissals or the failure of employers to pay the legally mandated end-of-year bonuses. Many formal and informal employers violated provisions requiring overtime pay, particularly in the food and agricultural sectors and for domestic services. From January to September 30, the labor ministry received 100 complaints of occupational safety and health violations, some associated with workplace accidents or fatalities. Most workplace accidents or fatalities occurred in the construction and light-manufacturing industries.

Employers are obligated to register workers with the labor ministry. As of October 13, however, approximately 2,160 employers had registered 7,090 workers with the ministry, which was very low compared with the country’s population of approximately 6.7 million.

According to the labor ministry and NGOs, many domestic workers suffered discrimination, routinely worked 12-hour workdays (when eight is the maximum), were not paid for overtime work (as required by law), were allowed to rest less than the 36 hours mandated by law, were not entitled to publicly provided retirement benefits, and did not routinely attain job stability after 10 years, unlike other workers covered by the labor code. Domestic workers were eligible for government-sponsored medical care and retirement programs through small payroll and employer contributions.

Rwanda

Section 7. Worker Rights

In August the government enacted a law regulating labor. The law provides for the right to form and join unions and employer associations, bargain collectively and strike, but it places severe restrictions on these rights. An employer may refuse a recognized union access to the workplace, and the union must appeal this to the labor court. A union must include a majority of workers in the enterprise. Labor disputes are mediated by local, then national labor inspectors before they may be referred to a court, which may refuse to hear the case. The law applies to all employees with contracts. The law applies to informal sector employees with regard to occupational health and safety and the right to form trade unions and employers’ associations, but it does not address strikes in the informal sector.

The law provides that ministerial orders define implementation of labor law in many respects; as of September 15, many orders had not been issued.

The law provides some workers the right to conduct strikes, subject to numerous restrictions. The law states that employees have the right to strike in compliance with the provisions of the law and that a strike is legal when the arbitration committee has allowed more than 15 working days to pass without issuing a decision, the conciliation resolution on collective dispute has not been implemented, or the court award has not been enforced. The law further states all strikes must be preceded by a notice of four working days. The law states that a strike or lockout must not interrupt the continuity of “essential services” as defined by the Ministry of Public Service and Labor. The ministry broadly defined essential services to include public transportation, security, education (during national exams), water and sanitation, and telecommunications, which severely restricted the right to strike in these fields.

There were 29 labor unions organized into three confederations: 15 unions represented by the Rwanda Confederation of Trade Unions (CESTRAR), seven by the Labor and Worker’s Brotherhood Congress (COTRAF), and seven by the National Council of Free Trade Union Organizations in Rwanda. All three federations ostensibly were independent, but CESTRAR had close links to the government and the ruling RPF party.

Freedom of association and the right to collective bargaining generally were not respected. The government did not enforce applicable laws effectively and restricted these rights.

The government severely limited the right to collective bargaining, and legal mechanisms were inadequate to protect this right. Labor union officials commented that many private-sector businesses controlled by the RPF or the RDF were off limits to collective bargaining negotiations. The government also controlled collective bargaining with cooperatives and mandatory arbitration. No labor union had an established collective bargaining agreement with the government.

Collective bargaining occasionally was practiced in the private sector. For example, in 2015 an international tea exporter renewed its 2012 collective bargaining agreement with its employees. CESTRAR, COTRAF, and the Ministry of Labor participated in the negotiations.

There were neither registered strikes nor anecdotal reports of unlawful strikes during the year; the most recent recorded strike was by textile workers in 2013.

National elections for trade union representatives were last held in 2015. Trade union leaders stated the government interfered in the elections and pressured some candidates not to run.

There were no functioning labor courts or other formal mechanisms to resolve antiunion discrimination complaints, and COTRAF reported it could take four to five years for labor disputes to be resolved through the civil courts. According to several trade unions, employers in small companies frequently used transfers, demotions, and dismissals to intimidate union members.

The law prohibits forced labor and states it is unlawful to permit the imposition of forced labor. The government generally enforced the law. In 2014 the government issued a national trafficking in persons action plan that included programs to address forced labor; the government continued to update the plan during the year. In September the government enacted an updated law to prevent, suppress, and punish trafficking in persons. The 2018 Antitrafficking law prescribes penalties for conviction of imprisonment or fines. Penalties were sufficiently stringent to deter violations and were commensurate with those prescribed for other serious crimes, such as rape. Child trafficking convictions are subject to life imprisonment and a fine of 15 to 20 million Rwandan francs ($17,240 to $23,000). Conviction for subjecting a person to forced labor is punishable by at least five years in prison and a fine of not less than five million Rwandan francs ($5,750), with the penalties being higher if the victim is a child or a vulnerable person. Statistics on the number of victims removed from forced labor were not available. No reports indicate that forced labor by adults is a significant problem in the country.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for full-time employment is 16, but children ages 13 to 15 are allowed to perform light work in the context of an apprenticeship. The law prohibits children younger than age 18 from participating in physically harmful work, including work underground, under water, at dangerous heights, or in confined spaces; work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads; work that exposes the child to unsafe temperatures or noise levels; and work for long hours or during the night. A 2010 Ministry of Labor ministerial order determines the nature of other prohibited forms of work for a child.

In addition to national law, some districts enforced local regulations against hazardous child labor and sanctioned employers and parents for violations. Police, immigration officials, local government officials, and labor inspectors received training on identifying victims of trafficking.

The NCC took the lead role in designating responsible agencies and establishing actions to be taken, timelines, and other concrete measures in relation to the integrated child rights policy and various national commissions, plans, and policies related to child protection subsumed therein. At the local level, 149 child-labor committees monitored incidents of child labor, and each district was required to establish a steering committee to combat child labor. At the village level, 320 child-labor focal point volunteers were supported by 10 national protection officers appointed by the NCC and 48 social workers.

The Ministry of Labor conducted labor inspections of sectors of the economy known to employ children, focusing on domestic work and the agriculture sector. The RNP operated a child protection unit. District government officials, as part of their performance contracts, enforced child-labor reduction and school attendance benchmarks. Observers noted considerable political will to address child labor but also that the government remained sensitive to public attention regarding the extent of child labor in the country. For example, the government continued to refuse to “validate” a 2015 NGO report on the prevalence of child labor in the tea sector.

The government worked with NGOs to raise awareness of the problem and to identify and send to school or vocational training children involved in child labor. As of August 2, private-sector businesses had not responded to the Ministry of Labor’s invitation to sign a memorandum of understanding committing them to eradicate child labor. The government’s 12-year basic education program aided in reducing the incidence of child labor, although many children who worked also attended school because classes were held in alternating morning or afternoon shifts. The government fined those who illegally employed children or parents who sent their children to work instead of school.

The government did not enforce the law effectively. The number of inspectors was inadequate, and penalties were not sufficient to deter violations. The majority of child laborers worked in the agricultural sector and as household domestics. Child labor also existed in isolated instances in small companies and light manufacturing, in cross-border transportation, construction, and mining industries. Children received low wages, and abuse was common. In addition forced labor and child sex trafficking were problems.

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

The law prohibits discrimination based on ethnic origin, family or ancestry, clan, race, sex, region, religion, culture, language, and physical or mental disability, as well as any other form of discrimination. The constitution requires equal pay for equal work.

The government did not consistently enforce antidiscrimination laws, and there were numerous reports of discrimination based on gender, disability, and ethnic origin. Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens.

The law states the Ministry of Labor may establish a minimum wage by ministerial order, but as of September 13, such an order had not been issued.

The law provides a standard workweek of 45 hours and 18 to 21 days’ paid annual leave, in addition to official holidays. The law provides employers with the right to determine daily rest periods. Most employees received a one-hour lunch break. The law states female employees who have given birth are entitled to a maternity leave of at least 12 consecutive weeks. The law states collective agreements must address the compensation rate for overtime.

The law states employers must provide for the health, safety, and welfare of employees and visitors and that enterprises are to establish occupational safety and health committees. The law also states employees are not required to pay any cost in connection with measures aimed at ensuring occupational health and safety. Authorities conducted public awareness campaigns to inform workers of their rights and highlight employers’ obligation to register employees for social security and occupational health insurance and pay into those benefit systems. The law states the Ministry of Labor was to determine general occupational health and safety conditions by ministerial order, but as of September 13, such an order had not been issued.

The government did not effectively enforce the law. The number of inspectors was not sufficient to enforce labor standards effectively. The government employs 35 labor inspectors, although the International Labor Organization recommends that a country with the size of Rwanda’s workforce employ roughly 156 inspectors. The many violations reported to labor unions compared to the few actions taken by the government and employers to remedy substandard working conditions suggested penalties were insufficient to deter violations.

Families regularly supplemented their incomes by working in small businesses or subsistence agriculture in the informal sector, which included approximately 90 percent of all workers. Most workers in the formal sector worked six days per week. Violations of wage, overtime, and occupational health and safety standards were common in both the formal and informal sectors. Local media highlighted the common problem of employers violating the law by not registering employees for social security or occupational health insurance and not paying into those benefit systems. Workers in the subcontractor and business process outsourcing sectors were especially vulnerable to hazardous or exploitative working conditions. Statistics on workplace fatalities and accidents were not available, but ministry officials singled out mining as a sector with significant problems in implementing occupational safety and health standards. There were no major industrial accidents during the year.

Workers did not have explicit rights to remove themselves from situations that endangered their health or safety without jeopardizing their jobs. The Ministry of Labor maintained a list of dangerous professions subject to heightened safety scrutiny.

San Marino

Section 7. Worker Rights

The law provides for workers to form and join independent unions, bargain collectively, conduct legal strikes, and it prohibits antiunion discrimination. Striking by workers employed in “essential public services”, including healthcare, education, and transports are subject to some limitations defined by the law. The government enforced applicable laws without lengthy delays and appeals. Information regarding the adequacy of resources, inspections, remediation efforts, judicial and administrative procedures, and penalties for violations was not available.

The government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were independent of the government and political parties. During the first 10 months of the year, there were no reports that the government interfered in union activities, sought to dissolve unions, or used excessive force to end strikes or protests. There were no reports of antiunion discrimination in the first nine months of the year.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced such laws. Resources, remediation efforts, and investigations appeared adequate, although information on penalties for violations and their effectiveness was not available.

According to the Office of the Labor Inspector, there were no reports of forced labor.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16 and the law excludes minors between the ages of 16 and 18 from the heaviest type of work. Minors are not allowed to work overtime and cannot work more than eight hours per day. The government effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. During the first 10 months of the year, the Office of the Labor Inspector did not report any cases of child labor.

The government effectively enforced laws and policies to protect children from exploitation in the workplace. Penalties were sufficient to deter violations.

The law prohibits discrimination with respect to employment and occupation on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status or other communicable diseases. The government effectively enforced these laws and regulations and penalties were sufficient to deter violations. There were no official cases of discrimination in employment or occupation brought during the first 10 months of the year.

There is no national minimum wage. Industry-based minimum wages existed for various industrial sectors. The minimum wage for the lowest category worker in the services sector was 9.84 euros ($11.32) per hour. While there was no official estimate of the poverty income level, individuals with annual incomes below 8,500 euros ($9,780) could apply for a state subsidy, which varied depending on the level of poverty. On average, less than 2 percent of the adult population applied for this contribution annually. Low-income individuals could also apply for welfare payments.

The law prohibits excessive or compulsory overtime. The government set appropriate safety and health standards for the main industries. The penalties for failing to comply with the safety and health regulations provided by law range from a fine to imprisonment for a second-degree crime and were generally sufficient to deter violations.

The government generally enforced labor standards effectively. There were a few exceptions, especially in the construction industry, where some employers did not consistently abide by safety regulations, such as work-hour limitations and use of personal safety devices. Authorities did not enforce health and safety standards in the informal sector. There were no reports of serious injuries to workers in the first nine months of the year. The Office of the Labor Inspector has responsibility for receiving and investigating claims of workplace health and safety violations. The Agency for Environment and the Agency for Civil Protection are mandated to supervise the implementation of legislation on safety and health in the workplace as well as to investigate major accidents.

Saudi Arabia

Section 7. Worker Rights

The law does not provide for the right of workers to form and join independent unions. The law does not provide for the right to collective bargaining or the right to conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity.

The government did not respect freedom of association and the right to collective bargaining. There were no labor unions in the country, and workers faced potential dismissal, imprisonment, or, in the case of migrant workers, deportation for union activities.

The government allowed citizen-only labor committees in workplaces with more than 100 employees, but it placed undue limitations on freedom of association and was heavily involved in the formation and activities of these committees. For example, the ministry approves the committee members and authorizes ministry and employer representatives to attend committee meetings. Committee members must submit the minutes of meetings to management and then transmit them to the minister; the ministry can dissolve committees if they violate regulations or are deemed to threaten public security. Regulations limit committees to making recommendations to company management regarding only improvements to working conditions, health and safety, productivity, and training programs. In October 2017 the NSHR said it registered 289 labor-related complaints in 2016-17 that it sought to resolve through settlements.

On April 15, Riyadh Governor Prince Faisal bin Bandar Al Saud warned against illegal assemblies by workers to protest delayed salaries. He advised that foreign workers should seek recourse from the offices of provincial governors and legal processes, and he reiterated the importance of both employers’ and employees’ abiding by their contractual obligations.

The law prohibits forced or compulsory labor, but the government did not effectively enforce legal protections for migrant workers. Forced labor occurred, especially among migrant workers–notably domestic servants. Conditions indicative of forced labor experienced by foreign workers included withholding of passports, nonpayment of wages, restrictions on movement, and verbal, physical, and sexual abuse. Labor law prohibits the confiscation of passports and nonpayment of wages. Violations of labor laws resulted in fines of up to one million riyals ($267,000), prison terms up to 15 years, and restrictions on the entity’s ability to recruit foreign workers. Many noncitizen workers, particularly domestic employees not covered under the labor law, were unable to exercise their right to end their contractual work. An employer may require a trainee to work for him or her upon completion of training for a period not to exceed twice the duration of the training or one year, whichever is longer.

Restrictive sponsorship laws increased workers’ vulnerability to forced labor conditions and made many foreign workers reluctant to report abuse. The contract system does not allow workers to change employers or leave the country without the written consent of the employer under normal circumstances. If wages are withheld for 90 days, a ministerial decree permits an employee to transfer his or her sponsorship to a new employer without obtaining prior approval from the previous employer. There were reports, however, that the Ministry of Labor and Social Development did not always approve petitions to transfer sponsorship due to withheld wages, including some cases in which wages had been withheld for more than three months. During the year numerous migrant workers reported being laid off, sometimes after months of nonpayment of salaries. Some remained stranded in the country because they were unable to pay required exit visa fees. A few countries that previously allowed their citizens to migrate to the country for work prohibited their citizens from seeking work there after widespread reports of worker abuse.

The government continued implementation of the Wage Protection System (WPS), which requires employers to pay foreign workers through bank transfers, thereby allowing the ministry to track whether workers were paid appropriately. All employers with more than 10 employees were required to comply with WPS regulations as of August 2017. WPS covers 6.4 million employees. The Ministry of Labor and Social Development fined companies 3,000 riyals ($800) for delaying payment for employees’ salaries on the first occurrence and blocked companies from accessing government services if a company delayed salaries for two or more months.

Throughout the year the government strictly implemented measures to limit the number of noncitizen workers in the country. The government also penalized Hajj tourist agencies that engaged in human trafficking and local companies that abused the country’s visa laws to bring individuals into the country for reasons other than to employ them directly. A smaller number came as religious pilgrims and overstayed their visas. Because of their undocumented status, many persons in the country were susceptible to forced labor, substandard wages, and deportation by authorities.

On February 17, the public prosecutor warned that involvement in trafficking-in-persons crimes carries a fine of up to one million riyals ($267,000), a prison term up to 15 years, or both.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The law provides that no person younger than 15 may legally work unless that person is the sole source of support for the family. Children between the ages of 13 and 15 may work if the job is not harmful to health or growth and does not interfere with schooling. The law provides that hazardous operations or harmful industries may not employ legal minors, and children younger than 18 may not be employed for shifts exceeding six hours a day. There is no minimum age for workers employed in family-owned businesses or other areas considered extensions of the household, such as farming, herding, and domestic service.

The HRC and NSHR are responsible for monitoring enforcement of child labor laws. There was little information on government efforts to enforce relevant laws or actions to prevent or eliminate child labor during the year. Authorities most commonly enforced the law in response to complaints of children begging on the streets.

Most child labor involved children from other countries, including Yemen and Ethiopia, forced into begging rings, street vending, and work in family businesses.

Labor laws and regulations do not prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status. Discrimination with respect to employment and occupation occurred with respect to all these categories.

The Ministry of Labor and Social Development explicitly approved and encouraged the employment of women in specific sectors, particularly in government, but women faced many discriminatory regulations. The first-quarter Labor Market Report by the General Authority for Statistics found that Saudi girls and women (15 years of age and above) constituted 8 percent of the country’s total labor force (Saudi and non-Saudi, 15 years of age and above). The same report estimated that women and girls, both Saudi and foreign, represented 21 percent of all employed persons (15 years of age and above) in the country. Most non-Saudi women were employed as domestic workers. Rules limited the type of work women were allowed to perform and required them to wear a veil. In practice gender segregation continued to take place in the workplace.

There is no regulation requiring equal pay for equal work. In the private sector, the average monthly wage of Saudi women workers was 58 percent of the average monthly wage of Saudi men. Labor dispute settlement bodies did not register any cases of discrimination against women.

Regulations ban women from 24 professions, mostly in heavy industry, but create guidelines for women to telework. Nevertheless, some factories and manufacturing facilities, particularly in Eastern Province, employed men and women, who worked separate shifts during different hours of the day. The law grants women the right to obtain business licenses without the approval of their guardians, and women frequently obtained licenses in fields that might require them to supervise foreign workers, interact with male clients, or deal with government officials. It is illegal for a potential employer to ask a female applicant for her guardian’s permission when she applies for a job. In medical settings and the energy industry, women and men worked together, and in some instances women supervised male employees. Women who work in establishments with 50 or more female employees have the right to maternity leave and child care.

Discrimination with respect to religious beliefs occurred in the workplace. Members of the Shia community complained of discrimination based on their religion and had difficulty securing or being promoted in government positions. Shia were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard. In predominantly Shia areas, Shia representation was higher in the ranks of traffic police, municipalities, and public schools. A very small number of Shia occupied high-level positions in government-owned companies and government agencies (see section 3, Participation of Women and Minorities). Shia were also underrepresented in employment in primary, secondary, and higher education.

Discrimination against Asian and African migrant workers occurred (see section 6, National/Racial/Ethnic Minorities). The King Abdulaziz Center for National Dialogue continued programs that sought to address some of these problems and provided training during the year to combat discrimination against national, racial, or ethnic groups. There were numerous cases of assault on foreign workers and reports of worker abuse.

Informal discrimination in employment and occupation occurred on the basis of sex, gender, race, religion, and sexual orientation or gender identity.

In November 2017 the Ministry of Interior’s General Directorate of Passports announced a national campaign to identify, arrest, fine, and deport individuals found in violation of the country’s residency laws under the title of “Nation Without Violators.” The campaign began with a 90-day grace period or general amnesty to allow irregular migrants to depart the country “without penalty,” after which authorities extended the grace period in coordination with international organizations. In September the Ministry of Interior stated more than 1.77 million foreign nationals were arrested between November 2017 and September 2018 for violating work, residence, and entry rules. Approximately 449,220 violators were deported during the cited period, according to the ministry. The Human Rights Committee reported that law enforcement agencies had been trained in screening vulnerable populations for human trafficking indicators and the campaign was being carried out in accordance with protections against trafficking in persons.

The monthly minimum wage for public-sector employees was 3,000 riyals ($800) which is above the estimated poverty income level. There was no private-sector minimum wage for foreign workers; as of November 2017, the government did not mandate a general minimum private-sector wage for citizens.

By law a standard workday is eight hours. A standard workweek is 48 hours but can extend to 60 hours, subject to payment of overtime, which is 50 percent more than the basic wage.

An estimated 10 million noncitizens, including approximately 947,000 noncitizen women, made up approximately 76 percent of the labor force, according to the General Authority for Statistics first-quarter Labor Market Report. Legal workers generally negotiated and agreed to work conditions prior to their arrival in the country, in accordance with the contract requirements contained in the labor law.

The law provides penalties of between 500 and 1,000 riyals ($133 and $267) for bringing foreigners into the country to work in any service, including domestic service, without following the required procedures and obtaining a permit.

The labor law provides for regular safety inspections and enables ministry-appointed inspectors to examine materials used or handled in industrial and other operations and to submit samples of suspected hazardous materials or substances to government laboratories. The Ministry of Health’s Occupational Health Service Directorate worked with the Ministry of Labor and Social Development on health and safety matters. Regulations require employers to protect some workers from job-related hazards and disease, although some violations occurred. These regulations did not cover farmers, herdsmen, domestic servants, or workers in family-operated businesses. Foreign nationals privately reported frequent failures to enforce health and safety standards. The ministry employed nearly 1,000 labor inspectors.

The law requires that a citizen or business must sponsor foreign workers in order for them to obtain legal work and residency status, although the requirement exempts Syrian and Yemeni nationals who overstayed their visas. On May 9, however, IOM said 17,000 Yemenis were turned back between January and May due to their immigration status. The ministry-implemented measures allowing noncitizen workers to switch their employer to a new employer or company that employed a sufficient quota of Saudi nationals. Despite these revised measures, some workers were unaware of the new regulations and had to remain with their sponsor until completion of their contract or to seek the assistance of their embassy to return home. There were also instances in which sponsors bringing noncitizen workers into the country failed to provide them with a residency permit, which undermined the workers’ ability to access government services or navigate the court system in the event of grievances. Sponsors with commercial or labor disputes with foreign employees also could ask authorities to prohibit employees from departing the country until the dispute was resolved; however, authorities would not jail or forcibly return fleeing workers who sought to exit the country within a 72-hour period or to coordinate with their embassy for repatriation as long as the employees did not have criminal charges or outstanding fines pending against them.

Bilateral labor agreements set conditions on foreign workers’ minimum wage, housing, benefits including leave and medical care, and other topics. These provisions were not drafted in line with international standards, and they varied depending on the sending country’s relative bargaining power. The labor law and the law against trafficking provide penalties for abuse of such workers.

The government engaged in news campaigns highlighting the plight of abused workers, trained law enforcement and other officials to combat trafficking in persons, and worked with the embassies of labor-sending countries to disseminate information about labor rights to foreign workers. As in previous years, during Ramadan the HRC broadcast a public awareness program on television emphasizing the Islamic injunction to treat employees well.

The government did not always enforce the laws protecting migrant workers effectively. There were credible reports that some migrant workers were employed on terms to which they had not agreed and experienced problems, such as delays in the payment of wages, changes in employer, or changed working hours and conditions. Migrant workers, especially domestic workers, were vulnerable to abuse, exploitation, and conditions contravening labor laws, including nonpayment of wages, working for periods in excess of the 48-hour workweek, working for periods longer than the prescribed eight-hour workday, and restrictions on movement due to passport confiscation. There were also reports of physical and verbal abuse. On July 15, local media reported that approximately 50 percent of the companies in the construction sector, which employs an estimated 3.5 million expatriates, failed to pay salaries due to stalled projects dating back to 2016, in addition to the government’s failure to pay money it owed to the companies working on government projects.

There were credible reports that some noncitizen workers, particularly domestic employees, were unable to exercise their right to remove themselves from dangerous situations. Some employers physically prevented workers from leaving or threatened them with nonpayment of wages if they left. Sponsoring employers, who controlled foreign workers’ ability to remain employed and in the country, usually held foreign workers’ passports, a practice prohibited by law. In some contract disputes, a sponsor asked authorities to prevent the employee from leaving the country until resolution of the dispute to coerce the employee into accepting a disadvantageous settlement or risking deportation without any settlement.

On July 18, the ESOHR called on authorities to resolve a five-year labor dispute between Tunisian citizen Jannat bint Shubail bin Nahila and the Ministry of Health and allow her and her family to leave the country. According to ESOHR, the ministry arbitrarily fired Bin Nahila from her job as a nurse at a government health-care center in al-Baha Province, withheld her passport, and banned her from travel until the labor dispute was resolved.

Foreign workers could contact the labor offices of their embassies for assistance. During the year hundreds of domestic workers, the majority of whom were female, sought shelter at their embassies, some fleeing sexual abuse or other violence by their employers. Some embassies maintained safe houses for citizens fleeing situations that amounted to bondage. The workers usually sought legal help from embassies and government agencies to obtain end-of-service benefits and exit visas.

In addition to their embassies, domestic servants could contact the NSHR, HRC, governmental Inter-ministerial General Secretariat to Combat Human Trafficking, and Migrant Workers’ Welfare Department, which provided services to safeguard migrant workers’ rights and protect them from abuse. Workers could also apply to the offices of regional governors and lodge an appeal with the Board of Grievances against decisions by those authorities.

Senegal

Section 7. Worker Rights

The law provides for the rights of workers to form and join independent unions, except security force members, including police and gendarmes, customs officers, and judges. Unions have the right to bargain collectively and strike with some restrictions. The law allows civil servants to form and join unions. Before a trade union can exist legally, the labor code requires authorization from the Ministry of Interior. Unions have no legal recourse if the minister refuses registration. Under the law, as part of the trade union recognition process, the ministry has the authority to check the morality and aptitude of candidates for positions of trade union officials. Any change to the bylaws of a trade union must be reported to and investigated by the inspector of labor and the public attorney. Additionally, the law provides that minors (both as workers and as apprentices) cannot organize without parental authorization. The state prosecutor can dissolve and disband trade unions by administrative order if union administrators are not following union regulations for what a union is supposed to be doing on behalf of its members.

The law prohibits antiunion discrimination, and allows unions to conduct their activities without interference. Foreigners may hold union office only if they have lived in the country for five years and only if his or her country provides the same right to Senegalese citizens. Collective bargaining agreements cover an estimated 44 percent of workers in the formal economy. Unions are able to engage in legal proceedings against any individual or entity that infringes the collective bargaining rights of union members, including termination of employment.

The law provides for the right to strike; however, certain regulations restrict this right. The constitution seriously undermines the right to strike by stipulating that a strike must not infringe on the freedom to work or jeopardize an enterprise. The law states workplaces may not be occupied during a strike, whether such strike is peaceful, and may not violate nonstrikers’ freedom to work or hinder the right of management to enter the premises of the enterprise. This means pickets, go-slows, working to rule, and sit-down strikes are prohibited. Unions representing members of the civil service must notify the government of their intent to strike at least one month in advance; private sector unions must notify the government three days in advance. The government does not have any legal obligation to engage with groups who are planning to strike, but the government sometimes engaged in dialogue with these groups. The right to strike is restricted further by the power of authorities to requisition workers to replace those on strike in all sectors, including “essential services” sectors. A worker who takes part in an illegal strike may be summarily dismissed. The government effectively enforced applicable laws on the right to strike. Penalties for noncompliance include a fine, imprisonment or both. Penalties were sufficient to deter violations. The labor code does not apply to the informal sector and thus excludes the majority of the workforce, including subsistence farmers, domestic workers, and those employed in many family businesses.

The government and employers generally respected freedom of association and the right to collective bargaining with restrictions. Workers exercised the right to form or join unions, but antiunion sentiment within the government was strong. Trade unions organize on an industry-wide basis, very similar to the French system of union organization. There were no confirmed reports of antiunion discrimination during the year.

The law prohibits all forms of forced or compulsory labor. Although the law prohibits begging for economic gain, a provision of the penal code provides that “the act of seeking alms on days, in places, and under conditions established by religious traditions” does not constitute begging. Many provisions of the law impose imprisonment with compulsory prison labor as a penalty for noncompliance, such as for participation in strikes in “essential services,” for occupying the workplace or its immediate surroundings during strike actions, or for breaching labor discipline deemed to endanger ships or the life or health of persons on board.

Following the president’s announcement of a campaign against child begging in mid-2016, authorities began removing children from the streets. The first phase of this campaign continued until mid-2017, but it was largely ineffective in addressing the problem. In March the government began the second phase of the campaign; more than 1,100,000 children were removed from the streets during the first six months of the second phase, of whom approximately 40 were returned to their families.

The government did not effectively enforce applicable laws against forced labor, and such practices continued to occur in the areas of domestic servitude, forced prostitution, farm labor, and artisanal mining. Forced child labor occurred, including forced begging by children in some Quranic schools (see section 6). Some children in these schools (daaras) were kept in conditions of servitude; were forced to work daily, generally in street begging; and had to meet a daily quota for money (or sometimes sugar or rice) set by their teachers.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Regulations on child labor set the minimum working age at 15. The law prohibits many forms of hazardous child labor but includes exceptions. In the agricultural sector, for example, children as young as age 12 are permitted to work in a family environment when necessary. The law also allows boys under age 16 to work in underground mines and quarries doing “light work.” Due to the nature of the dangers associated with mining, “light work” activities do not prevent exposure to hazards.

Inspectors from the Ministry of Labor are responsible for investigating and initiating lawsuits in child labor cases. The ministry’s investigators can visit any institution during work hours to verify and investigate compliance with labor laws and can act on tips from trade unions or ordinary citizens.

Labor laws prohibiting child labor were largely unenforced, and penalties were not sufficient to deter violations. The Ministry of Labor sent investigators to investigate formal work places, but they were not trained to deal with child labor problems. The Child Labor Division in the Ministry of Labor was severely understaffed and underfunded. Inspectors lacked adequate resources to monitor the informal sector, and no cases of child labor have ever been identified in the formal sector. There was no specific system to report child labor violations, largely due to inadequate funding of the Child Labor Division and the Ministry of Labor. The ministry instead relied on unions to report violators. The government conducted seminars with local officials, NGOs, and civil society to raise awareness of the dangers of child labor and exploitative begging.

Most instances of child labor occurred in the informal economy where labor regulations were not enforced. Economic pressures and inadequate educational opportunities often pushed rural families to emphasize work over education for their children. Child labor was especially common in the regions of Tambacounda, Louga, and Fatick, where up to 90 percent of children worked. Child labor was prevalent in many informal and family-based sectors, such as agriculture (millet, corn, and peanuts), fishing, artisanal gold mining, garages, dumpsites, slaughterhouses, salt production, rock quarrying, and metal and woodworking shops. In the large, informal, unregulated artisanal mining sector, entire families, including children, were engaged in artisanal mining work. Child gold washers, most aged 10 to 14, worked approximately eight hours a day without training or protective equipment. There were also reports of children working on family farms or herding cattle. Children also worked as domestics, in tailoring shops, at fruit and vegetable stands, and in other areas of the informal economy.

In 2015 data from the Understanding Children’s Work Project’s analysis of statistics from the Demographic and Health Survey highlighted that 22.3 percent of children ages five to 14 worked. A predominant type of forced child labor was the forced begging by children sent to live and study under the supervision of Quranic teachers (see sections 6 and 7.b.).

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

The labor law prohibits discrimination in employment and occupation based on national origin, race, gender, disability, and religion; violators are officially subjected to fines and imprisonment, but these laws were not regularly enforced and were not sufficient to deter violations. The law does not explicitly prohibit discrimination based on sexual orientation or gender identity. The government did not effectively enforce the antidiscrimination provisions of the law. Gender-based discrimination in employment and occupation occurred and was the most prevalent form of discrimination. Men and women have equal rights to apply for a job. Women represented 52 percent of the population, but they performed 90 percent of domestic work and 85 percent of agricultural work. The law requires equal pay for equal work, but women experienced discrimination in employment and operating businesses (see section 6).

The national minimum hourly wage was higher than the estimated poverty income rate of $1.90 per day. The Ministry of Labor is responsible for enforcing the minimum wage. Labor unions also acted as watchdogs and contributed to effective implementation of the minimum wage in the formal sector. The minimum wage provisions apply to foreign and migrant workers as well.

For most occupations in the formal sector, the law mandates a standard workweek of 40 to 48 hours, or approximately 2,100 hours per year, with at least one 24-hour rest period per week, one month per year of annual leave, enrollment in government social security and retirement plans, safety standards, and other measures. Night work is defined as activity between 10 p.m. and 5 a.m.; night workers should receive a supplementary rate of 60 percent for any night hours worked and 100 percent for any night hours worked on holidays. The law does not prohibit excessive or compulsory overtime in the formal sector.

Premium pay for overtime is required only in the formal sector. Legal regulations on industry-appropriate occupational safety and health exist, and the government sets the standards. Employees or their representatives have the right to propose whatever they assume will provide for their protection and safety and can refer to the competent administrative authority in case the employers refuse.

The Ministry of Labor, through the Labor Inspection Office, is responsible for enforcing labor standards in the formal sector; those who violate standards are officially subject to fines and imprisonment, but these were not regularly enforced and were insufficient to deter violation. Enforcement of the workweek standard was irregular. Labor inspectors had poor working conditions and lacked transportation to conduct their mission effectively. The number of labor inspectors was insufficient to enforce compliance. Violations of wage, overtime, and occupational safety and health standards were common. Due to high unemployment and a slow legal system, workers seldom exercised their nominal right to remove themselves from situations that endangered health or safety. According to the National Employers Council (Conseil National du Patronat) statistics, there were 1,700 cases related to workplace accidents in 2017 against approximately 1,900 cases in 2016 (the majority of which took place in Dakar); the reality was likely much higher, as the official number does not take into account the large number of workplace accidents in the informal sector.

Serbia

Section 7. Worker Rights

The constitution provides for the right of workers to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. Trade unions must register with the Ministry of Labor, Employment, Veterans, and Social Affairs, and employers must verify that union leaders are full-time employees. The government designated more than 50 percent of the workforce as “essential,” and these workers faced restrictions on the right to strike. Essential workers must provide 10 days’ advance notification of a strike as well as provide a “minimum level of work” during the strike. By law strikes can be staged only on the employer’s premises. The law prohibits discrimination based on trade union membership but does not provide any specific sanctions for antiunion harassment, nor does it expressly prohibit discrimination against trade union activities. The law provides for the reinstatement of workers fired for union activity, and fired workers generally returned to work quickly.

The Confederation of Autonomous Trade Unions of Serbia, a federation of unions that operates independently but has been generally supportive of government policies, has more members than independent labor unions in both the public and private sector. Independent trade unions are able to organize and address management in state-owned companies on behalf of their members.

The labor law protects the right to bargain collectively, and this right is effectively enforced and practiced. The law requires collective bargaining agreements for any company with more than 10 employees. To negotiate with an employer, however, a union must represent at least 15 percent of company employees. The law provides collective bargaining agreements to employers who are not members of the employers’ association or do not engage in collective bargaining with unions. The law stipulates that employers subject to a collective agreement with employees must prove they employ at least 50 percent of workers in a given sector to apply for the extension of collective bargaining agreements to employers outside the agreement.

The government generally enforces the labor law with respect to freedom of association and collective bargaining. Both public- and private-sector employees may freely exercise the right to strike. Violations of the labor law could incur fines sufficient to deter violations. The Labor Inspectorate lacked adequate staffing and equipment, however, which limited the number of labor inspections as a means of enforcing the labor law.

There were sometimes allegations of antiunion dismissals and discrimination in the country. Labor NGOs worked to increase awareness regarding workers’ rights and to improve the conditions of women, persons with disabilities, and other groups facing discrimination in employment or occupation.

The constitution prohibits forced and compulsory labor. The law also prohibits all forms of labor trafficking and “slavery or a relationship similar to slavery.” The government generally enforced the law, but incidents of forced labor were still occasionally reported. Serbian nationals, particularly men, have been reportedly subjected to labor trafficking in labor-intensive sectors, such as the construction industry in Russia, other European countries, and the United Arab Emirates. Penalties for violations within Serbia were generally sufficient to deter violations.

A number of children, primarily from the Romani community, were forced to engage in begging, theft, domestic work, commercial sexual exploitation, and other forms of labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, and youths under 18 require written parental or guardian permission to work. The labor law stipulates specific working conditions for minors and limits their workweek to 35 hours, with a maximum of eight hours work per day with no overtime or night work.

The Labor Inspectorate of the Ministry for Labor, Employment, Veterans, and Social Policy was responsible for enforcing child labor laws. The criminal code and Law on Public Peace and Order do not treat child beggars as victims, and the Social Welfare Centers were overburdened, which limited efforts in combating child labor, including its worst forms. According to the inspectorate, in 2017 inspectors did not register any labor complaints involving children under 15 but registered seven cases involving the registered employment of youths between the ages of 15 and 18 without parental permission. A further 10 underage workers were found working informally, without an employment contract, mainly in the agriculture and hospitality sectors. In most cases employers were ordered to obtain the required parental permission to conclude labor contracts with these workers. Misdemeanor proceedings were initiated in four cases.

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor. Gaps existed, however, within the operations of the Ministry of Labor, Employment, Veteran, and Social Affairs that hindered adequate enforcement of their child labor laws. In villages and farming communities, underage children commonly worked in family businesses. In urban areas, children, primarily Roma, worked in the informal sector as street vendors, car washers, and garbage sorters.

With regard to the worst forms of child labor, traffickers subjected children to commercial sexual exploitation, used children in the production of pornography and drugs, and sometimes forced children to beg and commit crimes. Some Romani children were forced into manual labor or begging.

The government’s enforcement efforts and penalties were not sufficient to deter violations of the law in either the formal and informal sectors. The law provides penalties for parents or guardians, who force a minor to engage in begging, excessive labor, or labor incompatible with his or her age, but it was inconsistently enforced, and beggars were treated as offenders. The Labor Inspectorate reported no children being removed from labor situations as result of convictions.

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

Labor laws prohibit direct and indirect discrimination in employment and occupation and the government enforced these laws with varying degrees of effectiveness. Penalties and enforcement were not sufficient to deter violations.

Discrimination in employment and occupation reportedly occurred with respect to race, sex, disability, language, sexual orientation, gender identity, ethnicity, and HIV-positive status. In 2017 labor inspectors issued 19 decisions regarding discrimination at work and none related to gender equality. In the labor force, women experienced discrimination in hiring, under representation in management, and lower compensation than their male counterparts.

The Commissioner for the Protection of Equality’s 2017 annual report showed 149 discrimination complaints in the area of labor and employment in 2017: 24.8 percent based on gender; 13.4 percent on membership in political, trade union, or other organizations; 13.4 percent on marital or family status; 12.8 percent on disability; 9.4 percent on national or ethnic origin; 8.1 percent on age; 6.7 percent on health status; 4 percent on religious and political beliefs; and 2.7 percent on sexual orientation.

The EC’s Serbia 2018 Report identified Roma, LGBTI persons, persons with disabilities, and persons with HIV/AIDS as the groups most subject to discrimination. A study by the Center for Free Elections and Democracy found discrimination was most frequent in hiring and employment, with the state and its institutions as the major discriminators. The law provides for equal pay, but employers frequently did not observe these provisions. According to a 2017 report by the country’s statistics office, women earned on average 22 percent less per month than their male counterparts. Other reports showed their career advancement was slower, they were underrepresented in most professions, and they faced discrimination related to maternity leave.

The International Labor Organization noted allegations that the law restricting the maximum age of employees in the public sector, adopted in 2015, is discriminatory because it obliges women workers in the public sector to retire at age 62, whereas male workers can work up to the age of 65. The law states that the retirement age for women will continue to increase incrementally until the retirement age is 65 for both men and women. Persons with disabilities faced discrimination in hiring and access to the workplace.

The monthly minimum wage was 24,882 dinars ($239), higher than poverty line (2016) for a single-member household of 15,416 dinars ($148), but lower than the poverty line for a household of two adults and two children of 27,748 dinars ($267) per month.

The Labor Inspectorate is responsible for enforcing the minimum wage. Companies with a trade union presence generally respected minimum wage requirements because of monitoring by the union. Some smaller, private-sector employers, however, have been unwilling or unable to pay minimum wages and mandatory social benefits to all their employees, leading those companies to employ unregistered, off-the-books workers. Unregistered workers, paid in cash without social or pension contributions, frequently did not report labor violations because they feared losing their jobs. Informal arrangements existed most often in the trade, hotel and restaurant, construction, agriculture, and transport sectors. The most frequently reported legal violations in the informal sector related to contractual obligations, payment of salaries, changes to the labor contract, and overtime. According to labor force survey data, informal employment represented 21 percent of total employment in the second quarter of the year, a percentage point lower than a year earlier. Independent estimates suggested the informal sector might represent up to 30 percent of the economy.

The law stipulates a standard workweek of 40 hours and provides for paid leave, annual holidays, and premium pay for night and overtime hours. A worker may have up to eight hours of overtime per week and may not work more than 12 hours in one day, including overtime. One 30-minute break is required during an eight-hour workday. At least a 12-hour break is required between shifts during a workweek, and at least a 24-hour break is required over a weekend. The standard workweek and mandatory breaks were observed in state-owned enterprises but sometimes not in smaller, private companies where the inspectors and unions had less ability to monitor practices.

The labor law requires that the premium for overtime work be at least 26 percent of the base salary, as defined by the relevant collective bargaining agreement. While trade unions within a company were the primary agents for enforcing overtime pay, the Labor Inspectorate also had enforcement responsibilities.

The law requires that companies must establish a safety unit to monitor observance of regulations regarding safety and the protection of personal health. These units often focus on rudimentary aspects of safety and health (such as purchasing soap and detergents), rather than on providing safety equipment for workers. In cases in which the employer did not take action, an employee may report to the Labor Inspectorate. Employers may call the Labor Inspectorate if they think that an employee’s request related to safety and health conditions is not justified. In case of a direct threat to life and health, employees have the right to take action or to remove themselves from the job or situation without responsibility for any damage it may cause the employer and without jeopardy to their employment.

The government protected employees with varying degrees of effectiveness. The Labor Inspectorate employed inspectors and was responsible for worker safety and health, but they were insufficient to enforce compliance. In 2017 the inspectorate completed 53,424 labor inspections involving more than 510,725 employees and uncovered 22,411 informal employment arrangements within legal entities. Following the inspections formalized employment contracts were granted to 21,171 (94 percent) workers. According to the Labor Inspectorate of the Ministry of Labor, Employment, Veterans, and Social Affairs, the most common violations of workers’ rights involved work performed without an employment contract; nonpayment of salary, overtime, and benefits; employers not following procedures in terminating employment contracts; nonpayment of obligatory pension and health contributions; and employers withholding maternity leave allowances. The inspectorate recorded 39 workplace accidents in which the employee died. Cases of death and injury were most common in the construction, traffic and storage, agricultural, and industrial sectors of the economy.

Seychelles

Section 7. Worker Rights

The law allows all workers, excluding police, military, prison, and firefighting personnel, to form and join independent unions and to bargain collectively. The law confers on the registrar discretionary powers to refuse registration of unions. A new union, the Labor Union, was formed in 2017. Strikes are illegal unless arbitration procedures are first exhausted. Legislation requires that two-thirds of union members vote for a strike in a meeting specifically called to discuss the strike, and provides the government with the right to call for a 60-day cooling-off period before a strike starts. The law provides for the minister responsible for employment to declare a strike unlawful if its continuance would endanger “public order or the national economy.” Anyone found guilty of calling for an illegal strike may be fined 5,000 rupees ($368) and imprisoned for up to six months.

Between 15 percent and 20 percent of the workforce was unionized. The law prohibits antiunion discrimination. It does not specifically state the rights of foreign or migrant workers to join a union. The government has the right to review and approve all collective bargaining agreements in the public and private sectors. The law also imposes compulsory arbitration in all cases where negotiating parties do not reach an agreement through collective bargaining. In the Seychelles International Trade Zone (SITZ), the country’s export processing zone, the government did not require adherence to all labor, property, tax, business, or immigration laws. The Seychelles Trade Zone Act supersedes many legal provisions of the labor, property, tax, business, and immigration laws. The Employment Tribunal handles employment disputes for private sector employees. The Public Services Appeals Board handles employment disputes for public sector employees, and the Financial Services Agency deals with employment disputes of workers in SITZ. The law authorizes the Ministry of Employment, Immigration, and Civil Status to establish and enforce employment terms, conditions, and benefits, and workers frequently obtained recourse against their employers through the ministry or the employment tribunal.

The government did not effectively enforce applicable laws. Penalties levied came in the form of fines and were often inadequate to deter violations. Cases involving citizens were often subject to lengthy delays and appeals, while foreigners were often deported.

The government respected the right to participate in union activities and collective bargaining. The International Labor Organization continued to report insufficient protection against acts of interference and restrictions on collective bargaining. It urged the government to review provisions of the Industrial Relations Act concerning trade union registration and the right to strike. The law allows employers or their organizations to interfere by promoting the establishment of worker organizations under their control. Collective bargaining rarely occurred.

The law prohibits all forms of forced or compulsory labor, but government enforcement was ineffective. Penalties levied for violations included imprisonment of up to 14 years for conviction of committing this crime against an adult and up to 25 years’ imprisonment if committed against a child. These penalties were not sufficient to deter violations. Resources, inspections, and remediation were also inadequate. There were credible reports that forced labor occurred in the fishing, agriculture, and construction sectors, where most of the country’s nearly 19,000 migrants worked. Two cases of forced labor were prosecuted under the Employment Act and two cases under the 2014 Prohibition of Trafficking in Persons Act. There were several reports by the Association of Rights Information and Democracy concerning cases of forced labor, appalling living conditions, and nonpayment of salaries.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and states the minimum age for employment is 15 years, “subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals, or education.” The law establishes a minimum age of 15 for hazardous work and defines what constitutes hazardous work. The law, however, fails to provide for children performing hazardous work to receive adequate training and does not protect the health and safety of these children in accordance with international standards.

The government generally enforced the laws, and the Ministry of Employment, Immigration, and Civil Status effectively enforced child labor laws. The penalty for employing a child younger than age 15 is a fine of 6,000 rupees ($443), unless an exception applies, which was sufficient to deter violations. The ministry handled such cases but did not report any case requiring investigation during the year.

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

Labor laws and regulations prohibit discrimination on the basis of race, sex, religion, gender, political opinion, national origin or citizenship, social origin, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status. The law does not address age or color.

The government effectively enforced these laws and regulations. Penalties levied came in the form of fines and were sufficient to deter violations.

Employment discrimination generally did not occur. Women received equal pay for equal work, as well as equal access to credit, business ownership, and management positions.

The government set mandatory minimum wage rates for employees in both the private and public sectors. The Ministry of Finance, Trade, and Economic Planning set the minimum wage at 33.30 rupees ($ 2.45) per hour or 5,050 rupees ($372) per month for all workers. Employers, however, generally established wages through an individual agreement with the employee. According to a 2013 National Bureau of Statistics Seychelles/World Bank report, Poverty Profile of the Republic of the Seychelles, the monthly poverty income level was 3,945 rupees ($293) per adult (at an average 50-hour work week at the minimum wage, the monthly income would be 6,660 rupees ($491).

The legal maximum workweek varied from 45 to 55 hours, depending on the economic sector. Regulations entitled each full-time worker to a one-hour break per day and a minimum of 21 days of paid annual leave, including paid annual holidays. Regulations permitted overtime up to 60 additional hours per month. The law requires premium pay for overtime work.

The Ministry of Health sets comprehensive occupational health and safety regulations, which are up-to-date and appropriate for the main industries. The law allows citizen workers to remove themselves from dangerous or unhealthy work situations, to report the employer to the Health and Safety Commission of the Department of Employment, and to seek compensation without jeopardizing their employment. The law provides for the protection of foreign workers.

The government generally supported these standards but did not effectively enforce them in all sectors. Resources, inspections, and remediation were inadequate. Penalties levied for violations included a fine of 10,000 rupees ($737) plus additional daily fines for noncompliance, as detailed in the Occupational Safety and Health Decree. These penalties were not sufficient to deter violations.

The Ministry of Health and the Department of Employment are responsible for visiting and inspecting worksites and workers’ accommodations. There were 13 safety and health inspectors in the country, an insufficient number to enforce compliance with health and safety laws.

Foreign workers, primarily employed in the construction and commercial fishing sectors, did not always enjoy the same legal protections as citizens. Companies in SITZ at times paid foreign workers lower wages, delayed payment of their salaries, forced them to work longer hours, and provided them with inadequate housing, resulting in substandard conditions.

There were 84 occupational accidents reported from January to December 2017. These accidents occurred most frequently in the accommodation and food services sector, hotel and restaurant, transport, and storage industries.

Sri Lanka

Section 7. Worker Rights

The law provides for the right of workers to form and join unions of their choice. Exceptions include members of the armed forces, police officers, judicial officers, and prison officers. Workers in nonessential services industries, except for workers in public-service unions, have the legal right to bargain collectively. The law does not explicitly recognize the right to strike, but courts have recognized an implied right to strike based on the Trade Unions Ordinance and the Industrial Disputes Act. Nonunion worker councils tended to represent labor in export processing zone (EPZ) enterprises, although several unions operated in the zones. According to the Board of Investment, which operates the EPZs, if both a recognized trade union with bargaining power and a nonunion worker council exist in an enterprise, the trade union would have the power to represent the employees in collective bargaining.

Under Emergency Regulations of the Public Security Ordinance, the president has broad discretion to declare sectors “essential” to national security, the life of the community, or the preservation of public order, and to revoke those workers’ rights to conduct legal strikes. In addition to the Public Security Ordinance, the Essential Public Services Act of 1979 allows the president to declare services provided by government agencies as “essential” public services. In 2017 the government began using the essential public-services act to declare the Sri Lankan Railway and petroleum sector as essential sectors, thus deterring the workers from striking.

The law prohibits retribution against striking workers in nonessential sectors. Seven workers may form a union, adopt a charter, elect leaders, and publicize their views, but a union must represent 40 percent of workers at a given enterprise before the law obligates the employer to bargain with the union. The law does not permit public-sector unions to form federations or represent workers from more than one branch or department of government. The Labor Ministry may cancel a union’s registration if it fails to submit an annual report for three years.

The law prohibits antiunion discrimination. Labor laws do not cover domestic workers employed in the homes of others or informal-sector workers.

The law allows unions to conduct their activities without interference, but the government enforced the law unevenly. Violations for antiunion discrimination may result in a fine of 100,000 Rs ($578). The law requires an employer found guilty of antiunion discrimination to reinstate workers fired for union activities, but it may transfer them to different locations. In general these penalties were insufficient to deter violations. Only the Labor Ministry has legal standing to pursue an unfair labor practice case, including for antiunion discrimination.

Since 1999 the Labor Ministry had filed only 10 cases against companies for unfair labor practices under the Industrial Disputes Act. The ministry did not file any new unfair labor practices cases during the year. The courts issued rulings on two cases and continued to try the other eight. Citing routine government inaction on alleged violations of labor rights, some unions pressed for standing to sue, while some smaller unions did not want that ability because of the cost of filing cases. Workers brought some labor violations to court under the Termination of Employment and Workmen Act and the Payment of Gratuity Act. Lengthy delays hindered judicial procedures. The Industrial Dispute Act does not apply to the public sector, and public-sector unions had no formal dispute resolution mechanism.

The government generally respected the freedom of association and the right to bargain collectively. Public-sector unions staged numerous work stoppages on a number of issues, ranging from government moves to privatize state-owned enterprises to wage issues.

While some unions in the public sector were politically independent, most large unions affiliated with political parties and played a prominent role in the political process.

Unions alleged that employers often indefinitely delayed recognition of unions to avoid collective bargaining, decrease support for unionization, or identify, terminate, and sometimes assault or threaten union activists. The Ministry of Labor requires labor commissioners to hold union certification elections within 30 working days of an application for registration if there was no objection or within 45 working days if there was an objection. The commissioner general of labor held five union certification elections in 2017. No union certification elections were held from January to September.

The law prohibits all forms of forced and compulsory labor, but penalties were insufficient to deter violations. The government generally enforced the laws, but resources, inspections, and remediation efforts were not always adequate. Labor Ministry inspections did not extend to domestic workers. The government sporadically prosecuted labor agents who fraudulently recruited migrant workers yet appeared to sustain its monthly meetings to improve interministerial coordination.

Children between the ages of 14 and 18 and women working as live-in domestic workers in some homes were vulnerable to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 14, although the law permits the employment of younger children by their parents or guardians in limited family agricultural work or technical training. The government increased the compulsory age of education from 14 years to 16 years in 2016. The law prohibits hazardous work for persons younger than 18. The law limits the working hours of children ages 14 and 15 to nine hours per day and of ages 16 and 17 to 10 hours per day. The government estimated less than 1 percent of children–approximately 40,000–were working, although employment was often in hazardous occupations.

The government did not effectively enforce all laws, and existing penalties were not sufficient to deter violations.

The Labor Ministry made some progress in implementing its plan to eliminate the worst forms of child labor. The government appointed district coordinators with responsibility of reducing child labor in all 25 districts and provided new guidelines for district officials. The Department of Labor continued its efforts to monitor workplaces on the list of hazardous work for children.

According to the Child Activity Survey of 2016 published in February, industries and services were the largest sectors employing child labor. Within these sectors children worked in the construction, manufacturing, mining, and fishing industries, and as cleaners and helpers, domestic workers, and street vendors. Children also worked in agriculture during harvest periods. Children displaced by the war were especially vulnerable to employment in hazardous labor.

The list of hazardous work prohibited for children younger than 18 does not include domestic labor. This left children employed as child domestic workers vulnerable to physical, sexual, and emotional abuse. Family enterprises, such as family farms, crafts, small trade establishments, restaurants, and repair shops, commonly employed children. Criminals reportedly exploited children, especially boys, for prostitution in coastal areas catering to sex tourists (see section 6, Children).

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

The constitution prohibits discrimination, including with respect to employment and occupation, on the basis of race, religion, language, caste, sex, political opinion, or place of birth. The law did not prohibit employment or occupational discrimination on the basis of color, sexual orientation and/or gender identity, age, HIV-positive status, or status with regard to other communicable diseases.

The government did not always effectively enforce these laws, and discrimination based on the above categories occurred with respect to employment and occupation. For example, some employers specified particular positions as requiring male or female applicants, and women sometimes earned less than men for equal work.

The parliament passed its first-ever national minimum wage law in 2016, mandating a wage of 10,000 Rs ($58) per month and 400 Rs ($2.31) per day. In addition the Department of Labor’s 44 wage boards continued to set minimum wages and working conditions by sector and industry in consultation with unions and employers. The minimum wage in the public sector remained unchanged at 32,040 Rs ($185) between 2016 and 2018. The official estimate of the threshold poverty level was 4,659 Rs ($26.90) per person per month.

The law prohibits most full-time workers from regularly working more than 45 hours per week (a five and one-half-day workweek). In addition the law stipulates a rest period of one hour per day. Regulations limit the maximum overtime hours to 15 per week. Overtime pay is 1.5 times the basic wage and is paid for work beyond 45 hours per week and work on Sundays or holidays. The provision limiting basic work hours is not applicable to managers and executives in public institutions. The law provides for paid annual holidays.

The government sets occupational health and safety standards. Workers have the right to remove themselves from dangerous situations, but many workers had no knowledge of such rights or feared that they would lose their jobs if they did so.

Authorities did not effectively enforce minimum wage, hours of work, and occupational safety and health standards in all sectors. The Labor Ministry’s resources, inspections, and remediation efforts were sometimes inadequate. Occupational health and safety standards in the rapidly growing construction sector, including on infrastructure development projects, such as port, airport, and road construction, as well as high-rise buildings, were insufficient. Employers, particularly those in the construction industry, increasingly used contract employment for work of a regular nature, and contract workers had fewer safeguards.

Labor Ministry inspectors verified whether employers fully paid employees and contributed to pension funds as required by law. Unions questioned, however, whether the ministry’s inspections were effective. The Labor Department used a computerized Labor Information System Application designed to improve the efficiency and effectiveness of inspections. The financial punishment for nonpayment of wages is negligible, with fines ranging from 100 Rs ($0.58) to 250 Rs ($1.44) for the first offense, 250 Rs ($1.44) to 500 Rs ($2.89) for the second offense, to 1,000 Rs ($5.78) or incarceration for a term not exceeding six months, or both, for the third offense. Under the Shop and Office Act, the penalties for violating hours of work laws are a fine of 500 Rs ($2.89), six months’ imprisonment, or both. The law charges a fine of 50 Rs ($0.29) per day if the offense continues after conviction. These penalties were insufficient to deter violations. Labor inspectors did not monitor wages or working conditions or provide programs or social protections for informal sector workers.

No reliable sources of data covered the informal sector.

Suriname

Section 7. Worker Rights

The law provides for the right of workers to form and join unions of their choice without previous authorization or excessive requirements, the right to bargain collectively, and the right to strike. The law prohibits antiunion discrimination, requires that workers terminated for union activity be reinstated, and prohibits employer interference in union activities. Labor laws do not cover undocumented foreign workers.

The government is effectively responsible for enforcing laws related to freedom of association and the right to collective bargaining. Penalties for violations of these rights range from six months’ imprisonment to fines of SRD 100,000 ($13,300) and were generally sufficient to deter violations.

Workers formed and joined unions freely and exercised their right to strike. During the year there were several strikes of government workers to either force implementation of contracts already agreed upon with the government or to demand wage increases.

The majority of trade unions have some affiliation with a political party. Some trade union leaders held high-level positions in the coalition government, while another trade union was associated with an opposition party.

In isolated cases private employers refused to bargain or recognize collective bargaining rights, but the unions usually pressured the employers to negotiate. There were some reports that companies exploited legislative gaps and hired more contract employees than direct-hire staff to perform core business functions in order to cut costs.

The government passed several laws to protect employees from various forms of discrimination and set restrictions on the ability to fire employees. The government itself (the largest employer in the country) was not bound by these laws, however, since it deemed labor laws applicable only to private employees, not civil servants.

The law prohibits all forms of forced or compulsory labor. Administrative penalties for violations include imprisonment and fines insufficient to deter violations. Criminal penalties for violations range from five to 20 years’ imprisonment. Labor inspectors received training on detecting forced labor. During the year the Labor Inspectorate reported that it investigated at least three alleged forced labor cases. Labor inspectors trained to identify trafficking victims were legally authorized to conduct inspections outside formal workplaces but lacked the manpower and capacity to do so.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and sets the minimum age for most types of employment at 14 and restricts working hours for minors younger than 14 to day shifts, but it does not limit the number of hours minors can work. The law permits children younger than 14 to work only in a family-owned business, small-scale agriculture, and special vocational work. The law requires children to attend school until they are at least age 12, but this leaves children between ages 12 and 14 particularly vulnerable to the worst forms of child labor, as they are no longer required to attend school, but they are not yet legally permitted to work. The law prohibits children younger than 18 from doing hazardous work, defined as work dangerous to life, health, and decency. The law does not permit children younger than 15 to work on boats. Authorities may prosecute parents who permit their children to work in violation of labor laws. Employing a child younger than 14 is punishable by fines and imprisonment. While such penalties generally were sufficient to deter violations, authorities rarely enforced them, typically responding only when a report was filed with Youth Police.

The Ministry of Labor’s Department of Labor Inspection did not identify any cases of child labor in the formal business sector during the year. The police are responsible for enforcement in the informal sector and enforced the minimum working age law sporadically. Resources, such as vehicles and manpower, to enforce the laws also remained inadequate.

Child labor remained a problem in the informal sector and, according to newspaper reports, grew during the year due to lack of economic opportunities in the country. Historically, child labor occurred in agriculture, logging, fisheries, and the construction sector, as well as in street vending. Isolated cases of child labor occurred in the informal gold-mining sector in the interior, informal urban sectors, and in commercial sexual exploitation (see also section 6, Children).

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

The law prohibits discrimination based on birth, sex, race, language, religious origin, education, political beliefs, economic position, or any other status. The penal code prohibits discrimination based on sexual orientation. Enforcement of the law was selective as there was reported discrimination in employment with regard to disability, gender, sexual orientation, gender identity, and HIV/AIDS status. Women’s pay lagged behind men’s pay. Persons with disabilities faced discrimination in access to the workplace and LGBTI persons faced discrimination in hiring.

The law provides for a national minimum wage. The minimum wage was SRD 6.14 ($0.82), which was below the World Bank poverty income level. In the private sector, most unions were able to negotiate wage increases.

Approximately 41,000 of the estimated 133,000 total formal workforce were employed by the government. Government employees frequently supplemented their salaries with second or third jobs, often in the informal sector.

Work in excess of 45 hours per week on a regular basis requires special government permission, which was routinely granted. The law requires premium pay for such overtime work, prohibits excessive overtime, requires a 24-hour rest period per week, and stipulates paid annual holidays. Overtime is generally limited to four hours per day, for a maximum 12-hour workday. During the holiday season, the retail sector has a blanket permit allowing for work up to 15 hours a day, including seven hours of overtime. The government sets occupational health and safety standards, which generally are current and appropriate for the main industries in the country.

Laws were effectively enforced only in the formal sectors. Inspectors in the Occupational Health and Safety Division of the Ministry of Labor are responsible for enforcing occupational safety and health regulations, but they did not make regular occupational safety and health inspections. The Department of Labor Inspection is responsible for enforcing labor laws. Penalties for violating the labor laws vary from fines to suspension of business licenses, depending on the severity of the case, and were sufficient to deter the worst violations.

An estimated 15 percent of the working-age population worked in the informal economy, where there was limited enforcement of labor laws. Workers in the informal sector, particularly in small-scale mining, often were exposed to dangerous conditions and hazardous substances, such as mercury.

Limited data were available on workplace accidents. The International Labor Organization, however, noted an increasing number of serious or fatal occupational accidents, as well as steps by labor inspectors to begin occupational safety and health training in mines, construction, and public service. The majority of fatal occupational accidents took place in the mining sector.

Workers in the formal sector can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers in the informal sector did not enjoy the same protection.

Tajikistan

Section 7. Worker Rights

The law provides for the right to form and join independent unions but requires registration for all NGOs, including trade unions. The law also provides that union activities, such as collective bargaining, be free from interference except “in cases specified by law,” but the law does not define such cases. Workers have the right to strike, but the law requires that meetings and other mass actions have prior official authorization, limiting trade unions’ ability to organize meetings or demonstrations. The law provides for the right to organize and bargain collectively, but it does not specifically prohibit antiunion discrimination.

Workers joined unions, but the government used informal means to exercise considerable influence over organized labor, including influencing the selection of labor union leaders. The government-controlled umbrella Federation of Trade Unions of Tajikistan did not effectively represent worker interests. There were reports that the government compelled some citizens to join state-endorsed trade unions and impeded formation of independent unions. According to International Labor Organization figures, 1.3 million persons belonged to unions. There were no reports of antiunion discrimination during the year.

Anecdotal reports from multiple in-country sources stated that citizens were reluctant to strike due to fear of government retaliation.

Collective bargaining contracts covered 90 percent of workers in the formal sector. In some cases Chinese workers received preferable treatment to local workers in labor disputes.

The government fully controlled trade unions. There were no reports of threats or violence by government entities toward trade unions; however, unions made only limited demands regarding workers’ rights repeatedly because they feared the government reaction. Most workers’ grievances were resolved with union mediation between employee and employer.

Labor NGOs not designated as labor organizations played a minimal role in worker rights, as they were restricted from operating fully and freely.

The law prohibits all forms of forced or compulsory labor, including that of children, except in cases defined in law. Resources, inspections, and remediation were inadequate. Penalties were sufficiently stringent and commensurate with other serious crimes, such as rape, and sufficient to deter violations.

The government continued to make progress in reducing the use of forced labor in the annual cotton harvest, although it continued to occur. The Ministry of Labor, together with NGO representatives, conducted monitoring missions of the cotton harvest from 2010 to 2015, but there were no independent monitoring programs or inspections during the 2016 and 2017 cotton harvests.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for children to work is 16 years, although children may work at age 15 with permission from the local trade union. By law children younger than age 18 may work no more than six hours a day and 36 hours per week. Children as young as age seven may participate in household labor and agricultural work, which is separately classified as family assistance. Many children younger than age 10 worked in bazaars or sold goods on the street. The highest incidences of child labor were in the domestic and agricultural sectors.

Enforcement of child labor laws is the responsibility of the Prosecutor General’s Office, Ministry of Justice, Ministry of Social Welfare, Ministry of Internal Affairs, and appropriate local and regional governmental offices. Unions also are responsible for reporting any violations in the employment of minors. Citizens can bring unresolved cases involving child labor before the prosecutor general for investigation. There were few reports of violations because most children worked under the family assistance exception. There were reports that military recruitment authorities kidnapped children under the age of 18 from public places and subjected them to compulsory military service to fulfill local recruitment quotas.

The government enforced labor laws and worked with the International Organization for Migration (IOM) to prevent the use of forced child labor. Nevertheless, there were isolated reports that some children were exploited in agriculture. The overall instances of forced child labor in the cotton harvest decreased dramatically after 2013; the 2015 IOM annual assessment showed local or national government authorities responded to most cases. During the 2015 harvest, the government levied two fines against employers using child labor and collected a total of 1,800 somoni ($205) from violators.

The Interministerial Commission to Combat Trafficking in Persons disseminated a directive to local officials reiterating prohibitions and ordered the Labor Inspector’s Office to conduct a monitoring mission of the cotton-picking season. According to the IOM, however, no independent monitoring of the cotton harvest was conducted during the year.

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

The law prohibits discrimination with respect to employment and occupation on the basis of race, sex, gender, disability, language, HIV-positive status, other communicable diseases, or social status. The law does not expressly prohibit worker discrimination on the basis of color, religion, political opinion, national origin or citizenship, or age.

In February a dance teacher at a choreography school in Dushanbe was reportedly fired from her job for not listening to President Rahmon’s annual televised address to the nation. Saida Rustamova told the media that the official documents she received stated she lost her job because she was not present in the school auditorium where students and teachers were gathered to listen to the president’s live televised address. Rustamova claims she left the auditorium because there were no available seats. The school principal told reporters that Rustamova was fired because of her poor work performance and her failure to follow her supervisor’s orders.

In June 2017 parliament approved amendments to the Law on Police, which bans persons with dual citizenship, foreign nationals, and stateless persons from serving in the police force. In 2016 lawmakers approved amendments to the law banning individuals with dual citizenship from serving in the country’s security services and requiring knowledge of the Tajik (state) language. In March 2017 the Council of Majlisi Namoyandagon, the lower house of parliament, approved amendments to the Law on Public Service prohibiting dual citizenship for any persons in public service.

Employers discriminated against individuals based on sexual orientation and HIV-positive status, and police generally did not enforce the laws. LGBTI persons and HIV-positive individuals opted not to file complaints due to fear of harassment from law enforcement personnel and the belief that police would not take action.

The law provides that women receive equal pay for equal work, but cultural barriers continued to restrict the professional opportunities available to women. Employers often forced women to work overtime without additional pay.

The government has not declared a formal poverty line. The monthly minimum wage is 400 somoni ($42).

The State Inspectorate for Supervision of Labor, Migration, and Employment under the Ministry of Labor is responsible for the overall supervision of enforcing labor law in the country. The Ministry of Finance enforces financial aspects of the labor law, and the Agency of Financial Control of the presidential administration oversees other aspects of the law. There is no legal prohibition on excessive compulsory overtime. The law mandates overtime payment, with the first two hours paid at a time-and-a-half rate and the remainder at double the rate. Resources, inspections, and remediation to enforce the law were inadequate. The State Inspectorate conducts inspections once every two years. Penalties for violations, including fines of 800 to 1,200 somoni ($90 to $140) were adequate, but the regulation was not enforced, and the government did not pay its employees for overtime work. Overtime payment was inconsistent in all sectors of the labor force.

The State Inspectorate for Supervision of Labor, Migration, and Employment is also responsible for enforcing occupational health and safety standards. The government did not fully comply with these standards, partly because of corruption and the low salaries paid to inspectors. The law provides workers the right to remove themselves from hazardous working conditions without fear of loss of employment, but workers seldom exercised this right.

Farmers and agricultural workers, accounting for more than 60 percent of employment in the country, continued to work under difficult circumstances. There was no system to monitor or regulate working conditions in the agricultural and informal sectors. Wages in the agricultural sector were the lowest among all sectors, and many workers received payment in kind. The government’s failure to ensure and protect land tenure rights continued to limit its ability to protect agricultural workers’ rights.

Tanzania

Section 7. Worker Rights

The mainland and Zanzibari governments have separate labor laws. Workers on the mainland, except for workers in the categories of “national service” and prison guards, have the right to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. The government nevertheless restricted these rights. Reinstatement of workers fired for trade union activity is not mandatory.

Trade unions in the private sector must consist of more than 20 members and register with the government, while public-sector unions need 30 members. Five organizations are required to form a federation. Trade union affiliation with nonunion organizations can be annulled by the Labor Court if it was obtained without government approval, or if the union is considered an organization whose remit is broader than just employer-worker relations. A trade union or employers association must file for registration with the Registrar of Trade Unions in the Ministry of Labor within six months of establishment. The law, however, does not provide for specific time limits within which the government must register an organization, and the registrar has the power to refuse registration on arbitrary or ambiguous grounds. The government prescribes the terms of office of trade union leaders. Failure to comply with government requirements is subject to fines, imprisonment, or both.

The law requires unions to submit financial records and a membership list to the registrar annually and to obtain government approval for association with international trade unions. The registrar can apply to the Labor Court to deregister or suspend unions if there is overlap within an enterprise or if it is determined the union violated the law or endangered public security.

Collective bargaining agreements must be registered with the Labor Commission. Public service employees, except for limited exceptions, such as workers involved in “national service” and prison guards, may also engage in collective bargaining.

Employers have the right to initiate a lockout provided they comply with certain legal requirements and procedures. For a strike to be declared legal, the law requires three separate notifications of intent, a waiting period of at least 92 days, and a union vote in the presence of a Ministry of Labor official that garners approval by at least 75 percent of the members voting. All parties to a dispute may be bound by an agreement to arbitrate, and neither party may then engage in a strike or a lockout until that process has been completed. Disputes regarding adjustments to or the terms of signed contracts must be addressed through arbitration and are not subject to strikes.

The law restricts the right to strike when a strike would endanger the life and health of the population. Picketing in support of a strike or in opposition to a lawful lockout is prohibited. Workers in sectors defined as “essential” (water and sanitation, electricity, health services and associated laboratory services, firefighting, air traffic control, civil aviation, telecommunications, and any transport services required for the provision of these services) may not strike without a pre-existing agreement to maintain “minimum services.” Workers in other sectors may also be subject to this limitation as determined by the Essential Services Committee, a tripartite committee composed of employers, workers, and government representatives with the authority periodically to deem which services are essential.

According to the 2004 Labor Relations Act, an employer may not legally terminate an employee for participating in a lawful strike or terminate an employee who accedes to the demands of an employer during a lockout.

Penalties for violations include fines up to TZS five million ($2,180), imprisonment up to one year, or both, but these penalties were not sufficient to deter violations. Disputes on the grounds of antiunion discrimination must be referred to the Commission for Mediation and Arbitration, a governmental department affiliated with the Ministry of Labor. There was no public information available regarding cases of antiunion discrimination.

There were no reports of sector-wide strikes or any other major strikes in the country.

In Zanzibar the law requires any union with 50 or more members to be registered, a threshold few companies could meet. The law sets literacy standards for trade union officers. The law provides the registrar considerable powers to restrict registration by setting forth criteria for determining whether an organization’s constitution contains suitable provisions to protect its members’ interests. The law applies to both public- and private-sector workers and bans Zanzibari workers from joining labor unions on the mainland. The law prohibits a union’s use of its funds, directly or indirectly, to pay any fines or penalties incurred by trade union officials in the discharge of their official duties. In Zanzibar both government and private sector workers have the right to strike as long as they follow procedures outlined in the labor law. For example, workers in essential sectors may not strike; others must give mediation authorities at least 30 days to resolve the issue in dispute and provide a 14-day advance notice of any proposed strike action.

The law provides for collective bargaining in the private sector. Public-sector employees also have the right to bargain collectively through the Trade Union of Government and Health Employees; however, members of the police force and prison service, and high-level public officials (for example, the head of an executive agency) are barred from joining a trade union. Zanzibar’s Dispute Handling Unit addresses labor disputes. In Zanzibar judges and all judicial officers, members of special departments, and employees of the House of Representatives are excluded from labor law protection.

In Zanzibar the courts are the only venue in which labor disputes can be heard. According to the Commission of Labor in Zanzibar, 16 workers used the courts for labor disputes.

The government did not consistently enforce the law protecting the right to collective bargaining. On both the mainland and in Zanzibar, private-sector employers adopted antiunion policies or tactics, although discriminatory activities by an employer against union members are illegal. The Trade Union Congress of Tanzania (TUCTA)’s 2018 annual report claimed that international mining interests bribed government officials to ignore workers’ complaints and write false favorable reports on work conditions in mines. TUCTA also reported that employers discouraged workers from collective bargaining and retaliated against workers’ rights activists via termination of employment and other measures.

The law prohibits most forms of forced or compulsory labor. The law allows prisoners to work without pay on construction and agriculture projects within prisons. The law deems such work acceptable as long as a public authority ensures the work is not for the benefit of any private party. The law also allows work carried out as part of compulsory national service in certain limited circumstances. The constitution provides that no work shall be considered forced labor if such work forms part of compulsory national service in accordance with the law, or “the national endeavor at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.”

The law establishes criminal penalties for employers using forced labor. Offenders may be fined up to TZS five million ($2,180), sentenced to one year in prison, or both. The government did not consistently enforce the law. The International Labor Organization (ILO) reported unspecified instances of forced labor, including those involving children from the southern highlands forced into domestic service or labor on farms, in mines, and in the informal business sector. Forced child labor occurred (see section 7.c.).

Prisoners provided labor on projects outside of the prison, such as road repair and government construction projects. According to the 2018 budget speech delivered by the Ministry of Home Affairs, prisoners provide labor at the government-owned Mbigiri Sugar Industry in Morogoro Region and planted 1976 acres of sugar cane.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the exploitation of children in the workplace. By law the minimum age for contractual employment is 14 on the mainland; in Zanzibar the minimum age is 15. Children older than age 14 but younger than 18 may be employed to do only light work unlikely to harm their health, development, or attendance at school. In addition, the government published regulations to define hazardous work for children in several sectors, including in agriculture, fishery, mining, and quarrying, construction, service, informal operations, and the transport sectors. The law specifically limits working hours for children to three hours a day. Fines ranging from TZS 100,000 to TZS 500 million ($44 to $218,000) and imprisonment ranging from three months to 20 years, or both, may be imposed for violations of the law. Penalties were not sufficient to deter violations, and there were no reported cases of prosecutions under this law.

The government did not effectively enforce the law. The lack of enforcement left children vulnerable to exploitation and with few protections. According to the Ministry of Health, Community Development, Gender, Elderly, and Children, approximately 29 percent of all children were engaged in child labor. Child labor was prevalent in agriculture, mining, industry, fishing, and domestic work. The ILO previously worked with the government to train labor inspectors on the problem of child labor, but during the year no reported child labor cases were brought to court. During the year’s budget speech, the minister of health reported 6,393 child labor cases (1,528 female and 4,865 male). Officials reported that their authority was limited to the formal economy, and most child labor took place in the family and informal economy.

Government measures to ameliorate child labor included verifying that children of school age attended school, imposing penalties on parents who did not enroll their children in school, and pressing employers in the formal sector not to employ children younger than 18. Ministry of Labor officials reported, however, enforcement of child labor laws was difficult because many children worked in private homes or rural areas. A combination of factors, including distance from urban-based labor inspectors and a lack of understanding by children on how to report the conditions of their employment and when to do so, complicated inspections. Officials reported the problem of child labor was particularly acute among orphans. In cooperation with the government, Plan International operated programs in the mining sector to combat child labor.

In mainland Tanzania, children worked as domestic workers, street vendors, and shopkeepers as well as in small-scale agriculture, family-based businesses, fishing, construction, and artisanal mining of gold and tanzanite. According to Human Rights Watch, children as young as eight worked in mining. In Zanzibar children worked primarily in transportation, fishing, clove picking, domestic labor, small businesses, and gravel making.

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

The employment and labor relations law prohibits workplace discrimination, directly or indirectly, against an employee based on color, nationality, tribe, or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/AIDS, age, or station in life. The law does not specifically prohibit discrimination based on sexual orientation or gender identity, language, citizenship, or other communicable disease status. The law distinguishes between discrimination and an employer hiring or promoting based on affirmative action measures consistent with the promotion of equality, or hiring based on an inherent requirement of the job. The government in general did not effectively enforce the law, and penalties were insufficient to deter violations.

Women have the same status as men under labor law on the mainland. According to TUCTA, gender-based discrimination in terms of wages, promotions, and legal protections in employment continued to occur in the private sector. It was difficult to prove and often went unpunished. While employers in the formal sector were more attentive to laws against discrimination, problems were particularly acute in the informal sector, in which women were disproportionately employed. Women often were employed for low pay and in hazardous jobs, and they reported high levels of bullying, threats, and sexual harassment. A 2015 study by the LHRC found that women faced particular discrimination in the mining, steel, and transport industries.

Discrimination against migrant workers also occurred. They often faced difficulties in seeking documented employment outside of the informal sector. The Noncitizens Employment Regulation Act of 2015 gives the labor commissioner authority to deny work permits if a Tanzanian worker with the same skills is available. During the year foreign professionals, including senior management of international corporations, frequently faced difficulties obtaining or renewing work permits. Because refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector. While efforts by nongovernment and government actors had been made to curb discrimination and violence against persons with albinism, the LHRC reported that this population still lived in fear of their personal security and therefore could not fully participate in social, economic, and political activities. The LHRC also stated that persons with disabilities also faced discrimination in seeking employment and access to the workplace.

The government established minimum wage standards in 2015 for employees in both the public and private sectors on the mainland, and it divided those standards into nine employment sectors. The lowest minimum wage was TZS 40,000 ($17.50) per month for the lowest-paid category of domestic workers residing in the household of the employer, who were not addressed in previous legislation. The highest was TZS 400,000 ($175) per month for workers in the telecommunications and multinational mining, energy, and financial sectors. The law allows employers to apply to the Ministry of Labor for an exemption from paying the minimum wage. These monthly wages were above the basic-needs poverty line of TZS 36,482 ($16) per month per person and the food poverty line of TZS 26,085 ($11.30) per month, which had not changed since being established by the 2011/12 Household Budget Survey. The labor laws cover all workers, including foreign and migrant workers and those in the informal sector. The minimum wage on Zanzibar was TZS 300,000 ($130) per month.

The labor standards laws derive from the international convention on labor standards. According to the law, the ordinary workweek is 45 hours, with a maximum of nine hours per day or six days per week. Any work in excess of these limits should be compensated with overtime pay at one-and-a-half times the employee’s regular wage. Under most circumstances, it is illegal to schedule pregnant or breast-feeding women for work between 10 p.m. and 6 a.m., although employers frequently ignored this restriction.

The law states employees with 12 months of employment are entitled to 28 days of paid annual leave, and it requires employee compensation for national holidays. The law prohibits excessive or compulsory overtime, and it restricts required overtime to 50 hours in a four-week period or in accordance with previously negotiated work contracts. The law requires equal pay for equal work.

Several laws regulate occupational safety and health (OSH) standards in the workplace. According to TUCTA, OSH standards are appropriate for the main industries and enforcement of these standards had been improving, but challenges remained in the private sector. In March the National Audit Office released a follow-up report on a 2013 performance audit on the management of occupational health and safety in the country. The report found that of 27 audit recommendations, 20 had been fully implemented, six had been partially implemented, and only one had not been implemented. OSH standards, however, were not effectively enforced in the informal economy. The Occupational Safety and Health Authority had offices in 25 of the 31 regions and 201 staff members. In Zanzibar the government employed five labor inspectors for the islands and conducted 120 inspections between January and June. The inspection system’s effectiveness was limited due to lack of resources and the insufficient number of labor officers available to conduct inspections. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this protection.

Workers may sue an employer if their working conditions do not comply with the Ministry of Labor’s health and environmental standards. Disputes were generally resolved through the Commission for Mediation and Arbitration. There were no exceptions for foreign or migrant workers.

Many workers did not have employment contracts and lacked legal protections. The LHRC reported that approximately 38 percent of workers did not have contracts, and of those who did, an estimated 38 percent only had oral contracts. The LHRC also reported that employees who signed written contracts were often not provided copies of the contract, contracts held by employees differed from those maintained by employers, many contracts did not include job descriptions, and companies frequently used short-term contracts of six months or less to avoid hiring organized workers with labor protections.

The government did not effectively enforce labor standards, particularly in the informal sector. According to the 2014 Integrated Labor Force Survey (the latest available), of an active labor force of 22 million, 66 percent worked in the informal sector (including agriculture).

In dangerous industries such as construction, employees often worked without protective equipment such as helmets, gloves, or harnesses. According to a 2008 Accident Notification Survey (latest available), the sectors with the highest rates of fatal accidents were construction and building, transport, and mining and quarrying. Domestic workers were reportedly frequent victims of abuse.

The Bahamas

Section 7. Worker Rights

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

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

The government generally respected freedom of association and the right to collective bargaining, and most employers in the private sector did as well. Penalties were sufficient to deter violations.

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children under age 14 for industrial work or work during school hours and prohibits the worst forms of child labor. Children younger than 16 may not work at night. Children between ages 14 and 18 may work outside of school hours under the following conditions: on a school day, for not more than three hours; in a school week, for not more than 24 hours; on a nonschool day, for not more than eight hours; in a nonschool week, for not more than 40 hours. The law prohibits persons younger than age 18 from engaging in dangerous work, including construction, mining, and road building. There was no legal minimum age for employment in other sectors. Occupational health and safety restrictions apply to all younger workers.

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

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

In 2015 the Ministry of Labor and National Insurance raised the minimum wage from B$4.00 to B$5.25 per hour, well above the established poverty line of B$4,247 per annum.

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

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

Trinidad and Tobago

Section 7. Worker Rights

The law provides for the right of most workers, including those in state-owned enterprises, to form and join independent unions, bargain collectively, and conduct legal strikes, but with some limitations. Neither employers nor employees listed in essential services, such as hospital, firefighting, and external communications (telephone, telegraph, wireless) industries, have the right to strike, and walkouts can bring punishment of up to 36 months in prison and a fine of TT$40,000 ($6,000). These employees negotiate with the government’s chief personnel officer to resolve labor disputes. The law stipulates that only strikes over unresolved labor interest disputes may take place and that authorities may prohibit strikes at the request of one party if not called by a majority union. The minister of labor may petition the court to curtail any strike he deems harmful to national interests.

The law also provides for mandatory recognition of a trade union when it represents more than 50 percent of the workers in a specified bargaining unit. The law allows unions to participate in collective bargaining, prohibits employers from dismissing or otherwise prejudicing workers due to their union membership, and mandates reinstatement of workers illegally dismissed for union activities. The government’s Registration, Recognition, and Certification Board determines whether a given workers’ organization meets the definition of a bargaining unit and can limit union recognition by this means. The Registrar’s Office requires accounting for union funds and can audit and restrict accounts of a union on demand. The Industrial Relations Act’s definition of a worker excludes domestic workers (house cleaners, chauffeurs, and gardeners), but domestic workers have an established trade union that advocates for their rights. Separate legislation governs the employment relationship between the government and its employees, including civil servants, teachers, and members of the protective services (fire, police, and prison services). The Industrial Relations Act prohibits employees in essential services from taking industrial action. The government effectively enforced applicable laws, although there was little information on specific penalties or on whether they were sufficient to deter violations.

A union must have the support of an absolute majority of workers to obtain bargaining rights. This requirement limited the right of collective bargaining. Furthermore, collective agreement negotiations are subject to mandatory mediation and must cover a minimum of three years, making it almost impossible for such agreements to include workers on short-term contracts. According to the National Trade Union Center, the requirement that all negotiations go through the Public Sector Negotiation Committee, rather than through the individual government agency or government-owned industry, provided a further restriction that added significant delays. Some unions claimed the government undermined the collective bargaining process by pressuring the committee to offer raises of no more than 5 percent over three years.

The government enforced labor laws with effective remedies and penalties. Resources, inspections, and remediation were adequate, although some observers called for an increased number of unannounced inspections and additional industrial court judges. A union may request that the Industrial Court enforce the laws, and the court may order employers found guilty of antiunion activities or otherwise in violation of the Industrial Relations Act to reinstate workers and pay compensation or may impose other penalties, including imprisonment. There was no information on specific penalties or on whether they were sufficient to deter violations.

Authorities generally respected freedom of association and the right to collective bargaining. Authorities did not use excessive force to end strikes or protests or otherwise retaliate against workers seeking to exercise their rights.

In August the government announced its intentions to close portions of the state-owned oil company, Petrotrin, on November 30. The shutdown could affect an estimated 2,600 permanent jobs. Following the announcement the Oilfield Workers Trade Union filed an injunction in the Industrial Court to stop Petrotrin from dismissing all its workers. President of the Industrial Court Deborah Thomas-Felix granted the injunction by the union, and it was to remain in effect until the issue of the closure of Petrotrin was fully resolved in the court or if the company successfully appealed the decision.

The law prohibits forced and compulsory labor. Upon conviction, perpetrators of forced labor are subject to a fine of at least TT$500,000 ($74,600) and imprisonment for at least 15 years. Penalties were sufficient to deter violations. The Counter-Trafficking Unit, housed within the Ministry of National Security, is responsible for investigating potential forced labor cases and referring cases for prosecution.

In September a businesswoman, Radica Persad, was charged with trafficking a Bolivian man for the purpose of labor exploitation. As of November the matter was pending a decision from the magistrates’ court. There were no other reports of forced labor during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

There were anecdotal reports of children engaged in the worst forms of child labor in the small-scale agricultural sector and domestic service. The law sets the minimum age for employment in public and private industries at 16. Children ages 14 to 16 may work in activities in which only family members are employed or that the minister of education approved as vocational or technical training. The law prohibits children younger than age 18 from working between the hours of 10 p.m. and 5 a.m. except in a family enterprise or within other limited exceptions. There is no clear minimum age for hazardous activities.

Violation of child labor laws is punishable by six months’ imprisonment or a fine of TT$2,500 ($375). In cases of child trafficking, including forced or exploitive child labor, perpetrators are subject to fines of TT$ one million ($150,000) and 20 years’ imprisonment. These penalties were sufficient to deter violations.

The government was generally effective in enforcing child labor laws, and the penalties were sufficient to deter violations, but there were anecdotal reports of children working in agriculture or as domestic workers. The Ministry of Labor and Small Enterprise Development and the Ministry of the People and Social Development are responsible for enforcing child labor laws. There were 18 labor inspectors in the Labor Inspectorate Unit in 2016–compared with 10 in 2015–trained to investigate and identify cases of child labor and to identify and report on indicators relating to possible cases of forced labor involving children.

The Minister of Labor and Small Enterprise Development may designate an inspector to gather information from parents and employers regarding the employment of a person younger than age 18. The Industrial Court may issue a finding of contempt against anyone obstructing the inspectors’ investigation.

The government did not have comprehensive mechanisms for receiving, investigating, and resolving child labor complaints.

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

The law and regulations prohibit employment discrimination on the basis of political opinion, sexual orientation, gender identity, language, age, disability, or HIV status or other communicable disease. The government effectively enforced those laws and regulations. Discrimination in employment occurred with respect to disability, and women’s pay lagged behind men’s, especially in the private sector.

The national minimum wage was greater than the official poverty income level of TT$665 ($100) per month.

The law establishes a 40-hour workweek, a daily period for lunch or rest, and premium pay for overtime. The law does not prohibit excessive or compulsory overtime. The law provides for paid leave, with the amount of leave varying according to length of service. Workers in the informal economy reported wages above the national minimum wage but reported other areas of labor laws, including the number of hours worked, were not enforced. There were an estimated 30,000 domestic workers, most of whom worked as maids and nannies, not covered by labor laws.

The law sets occupational health and safety standards, which were current and appropriate for the main industries in the country. The Ministry of Labor and Small Enterprise Development was responsible for enforcing labor laws related to minimum wage and acceptable conditions of work, while the Occupational Safety and Health Agency enforced occupational health and safety regulations, which apply to all workers in the formal economy, regardless of citizenship. Local labor laws generally protected foreign laborers brought into the country, a stipulation usually contained in their labor contract. Resources, inspections, and penalties appeared adequate to deter violations. The Occupational Safety and Health Act provides a range of fines and terms of imprisonment for violations of the law, but despite these penalties, a number of violations occurred.

The Occupational Safety and Health Act provides workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities generally protected this right.

Tunisia

Section 7. Worker Rights

The law provides workers with the right to organize, form and join unions, and bargain collectively. The law allows workers to protest, provided they give 10 days’ advance notice to their federations and receive Ministry of Interior approval. Workers may strike after giving 10 days’ advance notice. The right to strike extends to civil servants, with the exception of workers in essential services “whose interruption would endanger the lives, safety, or health of all or a section of the population.” The government did not explicitly stipulate which services were “essential.” Authorities largely respected the right to strike in public enterprises and services. The law prohibits antiunion discrimination by employers and retribution against strikers. The government generally enforced applicable laws.

Conciliation panels with equal labor and management representation settled many labor disputes. Otherwise, representatives from the Ministry of Social Affairs, the Tunisian General Labor Union (UGTT), and the Tunisian Union for Industry, Commerce, and Handicrafts (UTICA) formed tripartite regional commissions to arbitrate disputes. Observers generally saw the tripartite commissions as effective.

Unions rarely sought advance approval to strike. Wildcat strikes (those not authorized by union leadership) occurred throughout the year but at a level reduced from previous years, according to labor rights organizations. Sector-based unions carried out some strikes and sit-ins, such as those in education and health services and in extractive industries. Even if not authorized, the Ministry of Interior tolerated many strikes if confined to a limited geographic area.

The UGTT alleged antiunion practices among private-sector employers, including firing of union activists and using temporary workers to deter unionization. In certain industries, such as textiles, hotels, and construction, temporary workers continued to account for a significant majority of the workforce. UTICA, along with the government, maintained an exclusive relationship with the UGTT in reaching collective bargaining agreements. The government held organized collective social negotiations only with the UGTT. Representatives from the General Confederation of Tunisian Labor and the Union of Tunisian Workers complained their labor organizations were ignored and excluded from tripartite negotiations.

The law prohibits forced and compulsory labor and provides for penalties of up to 10 years’ imprisonment for capturing, detaining, or sequestering a person for forced labor. The government effectively enforced most applicable codes dealing with forced labor. While penalties were sufficient to deter many violations, transgressions still occurred in the informal sector.

Some forced labor and forced child labor occurred in the form of domestic work in third-party households, begging, street vending, and seasonal agricultural work (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law generally prohibits the employment of children younger than 16. Persons under 18 are prohibited from working in jobs that present serious threats to their health, security, or morality. The minimum age for light work in the nonindustrial and agricultural sectors during nonschool hours is 13. Workers between the ages of 14 and 18 must have 12 hours of rest per day, which must include the hours between 10 p.m. and 6 a.m. Children between the ages of 14 and 16 may work no more than two hours per day. The total time that children spend at school and work may not exceed seven hours per day. The 2016 law to prevent trafficking in persons provides for penalties of up to 15 years’ imprisonment and a fine if a trafficking-in-person offense is committed against a child. The penalties were adequate to deter violations.

Labor inspectors from the Ministry of Social Affairs monitored compliance with the minimum age law by examining the records of employees. The resources at their disposal lagged behind economic growth. According to ministry officials, the labor inspectorate did not have adequate resources to monitor fully the informal economy, officially estimated to constitute 38 percent of GDP. According to World Bank statistics, the informal sector employed more than 54 percent of the total workforce, more than half of which was women. Occasionally, labor inspectors coordinated spot checks with the UGTT and the Ministry of Education.

Children were subjected to commercial sexual exploitation and used in illicit activities, including drug trafficking.

The Ministries of Employment and Vocational Training, Social Affairs, Education, and Women, Family, and Childhood all have programs in place to discourage children and parents form entering the informal labor market at an early age. These efforts include programs to provide vocational training and to encourage youth to stay in school through secondary school. The Minister of Social Affairs told media in September that between 100,000 and 120,000 students drop out of primary or secondary school each year.

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

The law and regulations prohibit employment discrimination regarding race, sex, gender, disability, language, sexual orientation and gender identity, HIV-positive status or presence of other communicable diseases, or social status. The government did not always effectively enforce those laws and regulations due to lack of resources and difficulty in identifying when employers’ traditional attitudes toward gender identity or sexual orientation resulted in discriminatory employment practices (see section 6).

The labor code provides for a range of administratively determined minimum wages. In March the UGTT and employers’ union UTICA began talks on private sector wage increases. The UGTT has called for a 10.3 percent increase, equal to inflation and economic growth. In June the government and the UGTT started negotiations on public wage increases through 2021. In July the government raised the guaranteed interprofessional minimum wage by 6 percent for workers with 40 and 48-hour workweeks. The 48-hour regime minimum wage increased to 378 dinars and 560 millimes ($140.20) from 357 dinars and 136 millimes ($132.27). The 40-hour regime minimum wage increased to 323 dinars and 439 millimes ($119.79) from 305 dinars 586 millimes ($113.18). This move also included retroactive pay for private sector retirees covering 2016 and 2017. The minimum wage exceeds the poverty income level of 180 dinars ($66.67) per month.

In 2015 the Ministry of Social Affairs, the UGTT, and the Tunisian Union of Agriculture and Fishing reached an agreement to improve labor conditions and salaries in agricultural work to match those in the industrial sector. The agreement allows for the protection of rural women against dangerous employment conditions, sets safety standards for handling of hazardous materials, and gives tax incentives for agricultural employers to provide training for workers.

The law sets a maximum standard 48-hour workweek for manual work in the industrial and agricultural sectors and requires one 24-hour rest period per week. For administrative jobs in the private- and public-sectors, the workweek is 40 hours with 125-percent premium pay for overtime. The law prohibits excessive compulsory overtime. Depending on years of service, employees are statutorily awarded 18 to 23 days of paid vacation annually. Although there is no standard practice for reporting labor code violations, workers have the right to report violations to regional labor inspectors.

Special government regulations control employment in hazardous occupations, such as mining, petroleum engineering, and construction. Workers were free to remove themselves from dangerous situations without jeopardizing their employment, and they could take legal action against employers who retaliated against them for exercising this right. The Ministry of Social Affairs is responsible for enforcing health and safety standards in the workplace. Under the law, all workers, including those in the informal sector, are afforded the same occupational safety and health protections. UGTT representatives noted that these health and safety standards were not adequately enforced. Regional labor inspectors were also responsible for enforcing standards related to hourly wage regulations. The government did not adequately enforce the minimum-wage law, particularly in nonunionized sectors of the economy. The prohibition against excessive compulsory overtime was not always enforced.

Working conditions and standards generally were better in export-oriented firms, which were mostly foreign owned, than in those firms producing exclusively for the domestic market. According to the government and NGOs, labor laws did not adequately cover the informal sector, where labor violations were reportedly more prevalent. Temporary contract laborers complained they were not afforded the same protections as permanent employees. There were no major industrial accidents during the year. Credible data on workplace accidents, injuries, and fatalities were not available.

Ukraine

Section 7. Worker Rights

The constitution provides for freedom of association as a fundamental right and establishes the right to participate in independent trade unions. The law provides the right for most workers to form and join independent unions, to bargain collectively, and to conduct legal strikes. There are no laws or legal mechanisms to prevent antiunion discrimination, although the labor code requires employers to provide justification for layoffs and firings, and union activity is not an acceptable justification. Legal recourse is available for reinstatement, back wages, and punitive damages, although observers describe court enforcement as arbitrary and unpredictable, with damages too low to create incentives for compliance on the part of employers.

The law contains several limits to freedom of association and the right to collective bargaining. A number of laws that apply to worker organizations are excessively complex and contradictory. For example the status of trade unions under two laws provides they are considered legal entities only after state registration. Under another law, however, a trade union is considered a legal entity upon adoption of its statute. The inherent conflict between these laws creates obstacles for workers seeking to form trade unions. Unions also reported significant bureaucratic hurdles in the registration process, including the payment of notary fees and requirements to visit as many as 10 different offices. Moreover, independent unions have reported multiple incidents of harassment by local law enforcement officials while navigating the registration process, including atypical and irregular requests for documentation and membership information.

The legal procedure to initiate a strike is complex and severely hinders strike action, artificially lowering the numbers of informal industrial actions. The legal process for industrial disputes requires consideration, conciliation, and labor arbitration allowing involved parties to draw out the process for months. Only after completion of this process can workers vote to strike, a decision that courts may still block. The right to strike is further restricted by the requirement that a large percentage of the workforce (two-thirds of general workers’ meeting delegates or 50 percent of workers in an enterprise) must vote in favor of a strike before it may be called. The government is allowed to deny workers the right to strike on national security grounds or to protect the health or “rights and liberties” of citizens. The law prohibits strikes by broad categories of workers, including personnel in the Office of the Prosecutor General, the judiciary, the armed forces, the security services, law enforcement agencies, the transportation sector, and the public service sector.

Legal hurdles made it difficult for independent unions that were not affiliated with the Federation of Trade Unions of Ukraine (FPU) to take part in tripartite negotiations, participate in social insurance programs, or represent labor at the national and international levels. The legal hurdles resulting from an obsolete labor code hindered the ability of smaller independent unions to represent their members effectively. Authorities did not enforce labor laws effectively or consistently. Trade unions expressed concern that the labor inspectorate lacked funding, technical capacity, and sufficient professional staffing to conduct independent inspections effectively (see section 7.e.).

Worker rights advocates continued to note concerns for the independence of unions from government or employer control. Independent trade unions alleged that the country’s largest trade union confederation, the FPU, enjoyed a close relationship with employers and members of some political parties. Authorities further denied unions not affiliated with the FPU a share of disputed trade union assets inherited by the FPU from Soviet-era unions, a dispute dating back more than two decades.

Independent union representatives continued to be the subjects of violence and intimidation, and reported that local law enforcement officials frequently ignored or facilitated violations of their rights. Worker advocates reported an increase in retaliation against trade union members involved in anticorruption activities at their workplaces.

In April unidentified assailants assaulted a doctor, who was also a trade union activist and whistleblower, in Kyiv. The assault was the second in a series of attacks that followed the doctor’s official and public statements regarding widespread corruption in the healthcare sector.

Trade unions also reported unidentified assailants assaulted a railway inspector who was a union activist in Kryvyi Rih in April. The Independent Railworker’s Union reported that it believed the attack was related to anticorruption activity by the local union chapter.

The law prohibits most forms of forced or compulsory labor. Penalties for violations were sufficiently stringent to deter violations, but resources, inspections, and remediation were inadequate to provide for enforcement.

During the year the IOM responded to numerous instances of compulsory labor, to include pornography, criminal activity, labor exploitation, begging, and sexual and other forms of exploitation. There were also reports of trafficking of women, men, and children for labor in construction, agriculture, manufacturing, services, the lumber industry, nursing, and street begging. Annual reports on government action to prevent the use of forced labor in public procurement indicated that the government has not taken action to investigate its own supply chains for evidence of modern slavery. Traffickers subjected some children to forced labor (see section 7.c.).

According to the IOM, identified victims of trafficking received comprehensive reintegration assistance, including legal aid, medical care, psychological counseling, financial support, vocational training, and other types of assistance based on individual needs.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for most employment is 16, but children who are 14 may perform undefined “light work” with a parent’s consent. While the law prohibits the worst forms of child labor, it does not always provide inspectors sufficient authority to conduct inspections.

From January to August, the State Service on Labor conducted 2,614 inspections to investigate compliance with child labor laws. The inspections identified 72 organizations engaged in child labor activities. Of these, 24 were in the service sector, seven in the industrial sector, six in the agricultural sector, and 35 in other areas. The inspections uncovered 40 cases of undeclared labor, one child working in hazardous conditions, and six minors receiving undeclared wages. Increased child labor in amber mining was a growing problem, according to reports by international labor groups.

The most frequent violations of child labor laws concerned work under hazardous conditions, long workdays, failure to maintain accurate work records, and delayed salary payments. Child labor in illegal mining of coal and amber in the territories controlled by Russia-led forces grew during the year. The government established institutional mechanisms for the enforcement of laws and regulations on child labor. The exceptionally low number of worksite inspections conducted at the national level, however, impeded the enforcement of child labor laws.

Penalties for violations of the child labor laws ranged from small fines for illegitimate employment to prison sentences for sexual exploitation of a child; as in previous years, some observers believed these punishments were insufficient to deter violations.

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

The labor code prohibits workplace discrimination on the basis of race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social, and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not always enforce the law, and employment discrimination reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties include a fine of up to 50 tax-free minimum incomes, correctional labor for a term of up to two years, restraint of liberty for up to five years, and restriction on engaging in certain activities for a period of up to three years. When accompanied by violence, employment discrimination violations are punishable by correctional labor for a term of up to two years or imprisonment for a term of up to five years if such actions were committed by an organized group of persons or if they caused death or other grave consequences.

Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the State Statistics Office, men earned on average 26 percent more than women. The gap was not caused by direct discrimination in the setting of wages, but by horizontal and vertical stratification of the labor market: Women were more likely to work in lower-paid sectors of the economy and in lower positions. Women held fewer elected or appointed offices at the national and regional levels (40 percent).

The country’s annual budget establishes a government-mandated national minimum wage. The minimum wage increased to 3,723 hryvnias per month ($133) during the year from 3,200 hryvnias per month ($125) in 2017. The monthly minimum wage is above the poverty income level, which stood at 1,777 hryvnias ($65.80) in July and will rise to 1,853 hryvnias ($66.20) on December 1. Some shadow employees received wages below the established minimum.

The labor law provides for a maximum 40-hour workweek, with a minimum 42-hour period of rest per week and at least 24 days of paid vacation per year. It provides for double pay for overtime work and regulates the number of overtime hours allowed. The law requires agreement between employers and local trade union organization on overtime work and limits overtime to four hours during two consecutive days and 120 hours per year.

The law requires employers to provide workplace safety standards. Employers must meet occupational safety and health standards but at times ignored these regulations due to the lack of enforcement or strict imposition of penalties. The law provides workers the right to remove themselves from dangerous working conditions without jeopardizing their continued employment. According to one NGO, employers in the metal and mining industries often violated the rule and retaliated against workers by pressuring them to quit.

Wage arrears continued to be a major problem during the year. A lack of legal remedies, bureaucratic wrangling, and corruption in public and private enterprises, blocked efforts to recover overdue wages, leading to significant wage theft. Total wage arrears in the country rose during the year through September 1 to 3.6 billion hryvnias ($97.6 million). The majority of wage arrears occurred in the Luhansk and Donetsk Oblasts. The Independent Trade Union of Miners of Ukraine reported that arrears in the coal sector had reached almost 930 million hryvnias ($33.2 million) in September. Arrears and corruption problems exacerbated industrial relations and led to numerous protests.

The government did not always effectively enforce labor law. In 2017 the government adopted a new procedure for state control and supervision of labor law compliance that introduces new forms and rules for oversight of labor law compliance, extends the powers of labor inspectors, amends the procedure for imposing fines for violation of labor law requirements, and introduces specific forms for exercise of control by labor inspectors, namely, inspection visits and remote inspections.

Labor inspectors may assess compliance based on leads or other information regarding possible unreported employment from public sources. This includes information the service learns concerning potential violations from other state agencies. For example, when tax authorities discover a disparity between a company’s workforce and its production volumes as compared to average data for the industry, they may refer the case to labor authorities who will determine compliance with labor laws.

While performing inspection visits to check potential unreported employment, labor inspectors may enter any workplace without prior notice at any hour of day or night. The law also allows labor inspectors to hold an employer liable for certain types of violations (e.g., unreported employment), empowering them to issue an order to cease the restricted activity. Labor inspectors may also visit an employer in order to monitor labor law compliance and inform the company and its employees about labor rights and best practices.

The law provides procedures for imposing fines for violation of labor and employment laws. Municipal authorities may impose fines for labor law violations. In addition, the authority imposing a fine need not be affiliated with Labor Service. For example, a report from an onsite tax audit that reveals labor law violations may result in a fine.

In September the Cabinet of Ministers approved regulation #649, increasing regulatory oversight to monitor and counter “shadow” employment in the informal economy, the widespread practice of paying for labor without an existing employment contract. The regulation compels the State Labor Service, the State Fiscal Service, the State Pension Fund, and the National Police to review their internal regulations to introduce stricter control measures to combat shadow employment. Agencies are also required to conduct public awareness campaigns to inform employers of the new procedures.

Penalties for violations workplace safety standards ranged from 510 to 1,700 hryvnias ($19 to $63), which were insufficient to deter violations. The State Labor Inspectorate was responsible for enforcing labor laws. Inspectors were limited in number, funding, and authority to enforce existing regulations. The absence of a coordination mechanism with other government bodies was also significant. Penalties established for undeclared work, wage arrears, and work-hour violations included fines of 50 to 100 tax-free minimum incomes that could reach 111,690 hryvnias ($4,000). Additional penalties included limitations on the right to occupy positions of responsibility or to engage in some activities for three to five years, correctional labor for up to two years, or arrest for up to six months if the actions committed affected a minor or a pregnant woman.

Labor inspections occurred at a company’s request or upon the formal request of the investigator in the framework of criminal proceedings against a company.

Mineworkers, particularly in the illegal mining sector, faced serious safety and health problems. Operational safety problems and health complaints were common. Lax safety standards and aging equipment caused many injuries on the job. Over the first eight months of the year, authorities reported 2,725 individual injuries, including 254 fatalities; 474 injuries to coal miners, including 14 fatalities; 333 injuries in the agro-industrial sector, including 39 fatalities; and 225 injuries in engineering, including 14 fatalities.

Despite Russian aggression close to industrial areas in the government-controlled areas of the Donbas region, enterprises involved in mining, energy, media, retail, clay production, and transportation continued to operate. Fighting resulted in damage to mines and plants through loss of electricity, destroyed transformers, physical damage from shelling, and alleged intentional flooding of mines by combined Russia-led forces. Miners were especially vulnerable, as loss of electrical power could strand them underground. The loss of electrical power also threatened the operability of mine safety equipment that prevented the buildup of explosive gases.


IN THIS SECTION: Ukraine (ABOVE) |  Crimea

Ukraine (Crimea)

Section 7. Worker Rights

Russian occupation authorities announced the labor laws of Ukraine would no longer be in effect after the start of 2016 and that only the laws of the Russian Federation would apply.

Russian occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law, but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. The pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.


IN THIS SECTION: Ukraine | Crimea (ABOVE)

United Arab Emirates

Section 7. Worker Rights

The law does not protect the right to organize, strike, or bargain collectively. The law does not permit workers to form or join unions. The labor law forbids strikes by public sector employees, security guards, and migrant workers. The law does not entirely prohibit strikes in the private sector, but allows an employer to suspend an employee for striking. In the private sector, the Ministry of Human Resources and Emiratization, formerly the Labor Ministry, must approve and register individual employment contracts. The labor law does not apply to agricultural workers or to most workers in export processing zones. Domestic workers fall under a separate labor law but are regulated by the Ministry of Human Resources and Emiratization.

Private sector employees may file collective employment dispute complaints with the Ministry of Human Resources and Emiratization, which by law acts as mediator between the parties. Employees may then file unresolved disputes within the labor court system, which forwards disputes to a conciliation council. Public sector employees may file an administrative grievance or a case in a civil court to address a labor-related dispute or complaint. Administrative remedies are available for labor complaints, and authorities commonly applied them to resolve issues such as delayed wage payments, unpaid overtime, or substandard housing.

All foreign workers have the right to file labor-related grievances with the Ministry of Human Resources and Emiratization. The ministry sometimes intervened in foreign workers’ disputes with employers and helped negotiate private settlements. The law allows employers to request the government to cancel the work permit of, and deport for up to one year, any foreign worker for unexcused absences of more than seven days or for participating in a strike.

The government generally enforced labor law. In May the Ministry of Human Resources and Emiratization issued its second Workers Welfare Report, which outlined and provided statistics on the ministry’s enforcement and dispute settlement activities regarding recruitment, contract integrity, payment of wages and overtime, housing accommodation, and health and safety. It also discussed domestic legislative and regulatory reforms affecting domestic workers.

Professional associations were not independent, and authorities had broad powers to interfere in their activities. For example, the Ministry of Human Resources and Emiratization had to license and approve professional associations, which were required to receive government approval for international affiliations and travel by members. The government granted some professional associations with majority citizen membership a limited ability to raise work-related issues, petition the government for redress, and file grievances with the government.

In Dubai the Community Development Authority (CDA) regulates and provides licensing services to nonprofit civil society organizations and associations that organize ongoing social, cultural, artistic, or entertainment activities. In April Dubai issued a law requiring all voluntary organizations and individual volunteers to register with the CDA within six months. Additionally, all voluntary activities require a CDA permit, but there are no prescribed penalties for noncompliance.

Foreign workers may belong to local professional associations; however, they do not have voting rights and may not serve on association boards. Apart from these professional associations, in a few instances, some foreign workers came together to negotiate with their employers on issues such as housing conditions, nonpayment of wages, and working conditions.

The threat of deportation discouraged noncitizens from voicing work-related grievances. Nonetheless, occasional protests and strikes took place. The government did not always punish workers for nonviolent protests or strikes, but it dispersed such protests, and sometimes deported noncitizen participants. In November hundreds of workers in Abu Dhabi protested over their privately owned company’s failure to pay wages on time. Workers complained that they had not been paid for up to five months.

The law prohibits all forms of forced or compulsory labor; however, the government did not effectively enforce the law, particularly in the domestic worker sector.

The government took steps to prevent forced labor through continued implementation of the Wages Protection System (WPS) (see section 7.e.). The government enforced fines for employers who entered incorrect information into the WPS, did not pay workers for more than 60 days, or made workers sign documents falsely attesting to receipt of benefits. According to local media reporting, some firms withhold ATM cards from employees, withdrawing the money and paying the employee anywhere between 35 to 40 percent less than the mandated salary.

In February the government published a guidebook in English, Arabic, and Urdu to inform workers about personal safety, the importance of protective equipment, and their rights, such as working hours, overtime, salary, medical benefits, days off, end-of-service benefits, and accommodation allowances; it also warned laborers about arrestable offenses. Guidebooks were distributed in Dubai medical centers.

The September 2017 domestic worker law that regulates domestic workers’ contracts, rights and privileges, prohibitions, and recruitment agencies was implemented throughout the year. In March the Abu Dhabi Judicial Department issued a resolution establishing a public prosecutor and specialized judicial departments for crimes against domestic workers, whom the government estimated to number approximately 750,000.

It was relatively common for employers to subject migrant domestic workers, and to a lesser degree, construction and other manual labor workers, to conditions indicative of forced labor. Workers experienced nonpayment of wages; unpaid overtime; failure to grant legally required time off, withholding of passports, threats; and, in some cases, psychological, physical, or sexual abuse. Contract substitution remained a problem. In a few cases physical abuses led to death. Local newspapers reported on court cases involving violence committed against maids and other domestic workers. In February a foreign-born mother and daughter were sentenced by a Sharjah court to one and a half years in jail, followed by deportation, while the husband was fined 3,000 AED ($800) for torturing a domestic worker to death.

In violation of the law, employers routinely held employees’ passports, thus restricting their freedom of movement and ability to leave the country or change jobs. In labor camps it was common practice for passports to be kept in a central secure location, accessible with 24 or 48 hours’ notice. In most cases individuals reported they were able to obtain documents without difficulty when needed, but this was not always the case. There were media reports that employees were coerced to surrender their passports for “safekeeping” and sign documentation that the surrender was voluntary. With domestic employees passport withholding frequently occurred, and enforcement against this practice was weak.

Some employers forced foreign workers in the domestic and agricultural sectors to compensate them for hiring expenses such as visa fees, health exams, and insurance, which the law requires employers to pay, by withholding wages or having these costs deducted from their contracted salary. Some employers did not pay their employees contracted wages even after they satisfied these “debts.” There were other reports from community leaders that employers would refuse to apply for a residency visa for their domestic workers, rendering them undocumented and thus vulnerable to exploitation.

Although charging workers recruitment fees was illegal, workers in both the corporate and domestic sectors often borrowed money to pay recruiting fees in their home countries, and as a result spent most of their salaries trying to repay home-country labor recruiters or lenders. These debts limited workers options to leave a job, and sometimes trapped them in exploitive work conditions. The Ministry of Human Resources and Emiratization oversees recruitment of domestic workers. The ministry established Tadbeer recruitment centers, one-stop shops for recruitment agencies to register their services, workers to undergo interviews and receive training, and visas and identification documents to be distributed.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of persons younger than age 15 and includes special provisions regarding children ages 15 to 18. The law, however, excludes agricultural work, leaving underage workers in these sectors unprotected. Under the law governing domestic workers, 18 is the minimum age for legal work. The law allows issuance of work permits for 12- to 18-year olds, specifically for gaining work experience and under specific rules. The Ministry of Human Resources and Emiratization is responsible for enforcing the regulations and generally did so effectively.

The Antidiscrimination Law prohibits all forms of discrimination based on religion, ethnicity, or race, although without specific reference to employment. Penalties are adequate and include fines and jail terms of six months to 10 years. To date the law has been applied in cases of religious discrimination, including one incident that occurred in a work environment.

No specific law prohibits or regulates discrimination regarding sex, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or communicable disease status in employment or occupation. Women who worked in the private sector, however, regularly did not receive equal benefits and reportedly faced discrimination in promotions and equality of wages. The domestic worker law also prohibits discrimination on the basis of race, color, gender, religion, political opinion, national, or social origin. In free zones individualized laws govern employment requirements. For example, in the Dubai International Financial Center, employers may not discriminate against any person based on sex, marital status, race, national identity, religion, or disability. Nevertheless, job advertisements requesting applications only from certain nationalities were common and not regulated.

There is no national minimum wage. There was very limited information on average domestic, agricultural, or construction worker salaries or on public sector salaries. In some sectors minimum wages were determined by workers’ nationality and years of experience.

The law prescribes a 48-hour workweek and paid annual holidays. The law states daily working hours must not exceed eight hours in day or night shifts and provides for overtime pay to employees working more than eight hours in a 24-hour period, with the exception of those employed in trade, hotels, cafeterias, security, domestic work, and other jobs as decided by the Ministry of Human Resources and Emiratization.

Government occupational health and safety standards require that employers provide employees with a safe work and living environment, including minimum rest periods and limits on the number of hours worked, depending on the nature of the work. For example, the law mandates a two-and-one-half-hour midday work break, from 12:30 p.m. to 3:00 p.m., between June 15 and September 15, for laborers who work in exposed open areas such as construction sites. Companies are required to make water, vitamins, supplements, and shelter available to all outdoor workers during the summer months to meet health and safety requirements. Employers who do not comply are subject to fines and suspension of operations. The government may exempt companies from the midday work break if the company cannot postpone the project for emergency or technical reasons. Such projects include laying asphalt or concrete and repairing damaged water pipes, gas lines, or electrical lines.

The Ministry of Human Resources and Emiratization was responsible for enforcing laws governing acceptable conditions of work for workers in professional and semiskilled job categories, but did not do so in all sectors, including the informal sector. To monitor the private sector, the ministry had active departments for inspection, occupational safety, combating human trafficking, and wage protection.

Workers in agriculture and other categories overseen by the Ministry of Interior come under a different regulatory regime. These workers are not covered by private and public sector labor law, but have some legal protections regarding working hours, overtime, timeliness of wage payments, paid leave, health care, and the provision of adequate housing; however, enforcement of these rules was often weak. As a result these workers were more vulnerable to unacceptable work conditions.

There was no information available on the informal economy, legal enforcement within this sector, or an estimate of its size; however, anecdotal reports indicate it was common for individuals to enter the country on a nonwork visa and join the informal job sector, subjecting them to exploitative conditions. The government encouraged undocumented residents to legalize their status or leave the country voluntarily during a five-month amnesty period from August to December.

Sailors faced particular difficulty remedying grievances against employers. In February the Federal Authority for Land and Maritime Transport announced that ship owners operating in the country’s ports were required to carry insurance contracts for all sailors on board and mandated that sailors must be deported to their home countries in case of abandonment by the ship owner. According to the Volunteers from the Mission to Seafarers, the organization assisted almost 700 crew in 2017 who had not received their salaries.

The Ministry of Human Resources and Emiratization conducted inspections of labor camps and workplaces such as construction sites. The government also routinely fined employers for violating the midday break rule and published compliance statistics. The Abu Dhabi Judicial Department and Dubai Courts employed busses as mobile courts, which traveled to labor camps to allow workers to register legal complaints. Abu Dhabi’s mobile courtroom was used for cases involving large groups or those who encountered difficulties attending court.

The government took action to address wage payment issues. Its implementation of the WPS and fines for noncompliance discouraged employers from withholding salaries to foreign workers under the jurisdiction of the Ministry of Human Resources and Emiratization. The WPS, an electronic salary transfer system, requires private institutions employing more than 100 employees to pay workers via approved banks, exchange bureaus, and other financial institutions, to assure timely and full payment of agreed wages, within 10 days of payment due date. Under the law after 16 days of nonpayment, the Ministry of Human Resources and Emiratization will freeze issuance of new work permits to the employer. If the nonpayment lingers past 29 days, the ministry refers the case to the labor courts; after 60 days, a fine of 5,000 AED ($1,360) per unpaid worker is imposed, up to a maximum of 50,000 AED ($13,600). For companies employing less than 100 employees, the freezes, fines, and court referrals only apply after 60 days of nonpayment. The ministry monitored these payments electronically. The WPS, however, did not apply to foreign workers under the authority of the Ministry of Interior, such agricultural workers or to domestic laborers.

The Ministry of Human Resources and Emiratization conducted site visits to monitor the payment of overtime. Violations resulted in fines and in many cases a suspension of permits to hire new workers.

The Ministry of Human Resources and Emiratization continued efforts to provide for adequate health standards and safe food and facilities in labor camps. A ministerial decree requires that employers with 50 or more employees must provide low salaried workers (those earning less than 2,000 AED, or $550 per month) with accommodations. It conducted regular inspections of health and living conditions at labor camps, stated that it issued written documentation on problems needing correction, and reviewed them in subsequent inspections. Nevertheless, some low-wage foreign workers faced substandard living conditions, including overcrowded apartments or unsafe and unhygienic lodging in labor camps. In some cases the ministry cancelled hiring permits for companies that failed to provide adequate housing. During some inspections of labor camps, the ministry employed interpreters to assist foreign workers in understanding employment guidelines. The ministry operated a toll-free hotline in several languages spoken by foreign residents through which workers were able to report delayed wage payments or other violations. The ministry’s mobile van units also visited some labor camps to inform workers of their rights. The General Directorate of Residency and Foreign Affairs Dubai Office conducted the third iteration of the Taqdeer Award program, which rewards companies based on labor practices and grants them priority for government contracts.

The government instituted a revised standard contract for domestic workers aimed to protect domestic workers through a binding agreement between employers and domestic workers. The contract provides for transparency and legal protections concerning issues such as working hours, time-off, overtime, health care, and housing. Officials from some originating countries criticized the process, saying it prevented foreign embassies from reviewing and approving the labor contracts of their citizens. As a result some countries attempted to halt their citizens’ travel to the UAE to assume domestic labor positions. Many still entered on visit visas, however, and then adjusted status.

The government allowed foreign workers to switch jobs without a letter of permission from their employer. Labor regulations provide foreign employees the option to work without an employment contract or, in cases in which a contract was in force, to change employer sponsors after two years as well as within the first two years within the terms of the contract. The government designed this regulation to improve job mobility and reduce the vulnerability of foreign workers to abuse. The regulation, however, did not apply to agricultural or domestic workers.

Government-supported NGO EHRA promoted worker rights. It conducted unannounced visits to labor camps and work sites to monitor conditions and reported violations to the Ministry of Human Resources and Emiratization.

In May the New York University Coalition for Fair Labor, a faculty-student advocacy group, accused New York University Abu Dhabi (NYUAD) of failing to reimburse recruitment fees for workers on its campus. NYUAD disagreed with the report’s findings, and presented a counter-report that it said pointed to “a good level of compliance among contractors.”

There were cases in which workers were injured or killed on job sites; however, authorities typically did not disclose details of workplace injuries and deaths, including the adequacy of safety measures. According to local press reports, there were 48 registered cases of workplace injuries in 2017. The Ministry of Human Resources and Emiratization routinely conducted health and safety site visits. In 2017 the ministry mandated that companies with more than 15 employees submit labor injuries reports. A ministerial resolution requires that private companies that employ more than 500 workers must hire at least one local as an occupational health and safety officer; companies with more than 1,000 employees must hire two health and safety officers. Additionally, Dubai emirate required construction companies and industrial firms to appoint safety officers accredited by authorized entities to promote greater site safety.

Reports of migrant worker suicides or attempted suicides continued. In some cases observers linked the suicides to poor working and living conditions, low wages, and/or financial strain caused by heavy debts owed to originating-country labor recruitment agencies. Dubai police and the Dubai Foundation for Women and Children, a quasi-governmental organization, conducted vocational training programs with some elements aimed at decreasing suicidal behavior.

Venezuela

Section 7. Worker Rights

The law provides that all private- and public-sector workers (except members of the armed forces) have the right to form and join unions of their choice, and it provides for collective bargaining and the right to strike. The law, however, places several restrictions on these rights, and the government deployed a variety of mechanisms to undercut the rights of independent workers and unions. Minimum membership requirements for unions differ based on the type of union. Forming a company union requires a minimum of 20 workers; forming a professional, industrial, or sectoral union in one jurisdiction requires 40 workers in the same field; and forming a regional or national union requires 150 workers. Ten persons may form an employees association, a parallel type of representation the government endorsed and openly supported.

The law prohibits “any act of discrimination or interference contrary to the exercise” of workers’ right to unionize. The law requires all unions to provide the Ministry of Labor a membership roster that includes the full name, home address, telephone number, and national identification number for each union member. The ministry reviews the registration and determines whether the union fulfilled all requirements. Unions must submit their registration application by December 31 of the year the union forms; if not received by the ministry or if the ministry considers the registration unsatisfactory, the union is denied the ability to exist legally. The law also requires the presence of labor inspectors to witness and legitimize unions’ decisions before the Ministry of Labor. The International Labor Organization (ILO) raised concerns about the ministry’s refusal to register trade union organizations.

By law employers may negotiate a collective contract only with the union that represents the majority of its workers. Minority organizations may not jointly negotiate in cases where no union represents an absolute majority. The law also places a number of restrictions on unions’ ability to administer their activities. For example, the CNE has the authority to administer internal elections of labor unions, federations, and confederations. By law elections must be held at least every three years. If CNE-administered and -certified elections are not held within this period, the law prohibits union leaders from representing workers in negotiations or engaging in anything beyond administrative tasks. The ILO repeatedly found cases of interference by the CNE in trade union elections, and in 1999 it began calling for the CNE to be delinked from the union election process.

The law recognizes the right of all public- and private-sector workers to strike, subject to conditions established by law. By law workers participating in legal strikes receive immunity from prosecution, and their time in service may not be reduced by the time engaged in a strike. The law requires that employers reincorporate striking workers and provides for prison terms of six to 15 months for employers who fail to do so. Replacement workers are not permitted during legal strikes. The law prohibits striking workers from paralyzing the production or provision of essential public goods and services, but it defines “essential services” more broadly than ILO standards. The ILO called on the government to amend the law to exclude from the definition of “essential services” activities “that are not essential in the strict sense of the term…so that in no event may criminal sanctions be imposed in cases of peaceful strikes.”

The minister of labor may order public- or private-sector strikers back to work and submit their disputes to arbitration if a strike “puts in immediate danger the lives or security of all or part of the population.” Other legal provisions establish criminal penalties for exercising the right to strike in certain circumstances. For example, the law prohibits specified actions and makes punishable with five to 10 years in prison anyone who “organizes, supports, or instigates the realization of activities within security zones that are intended to disturb or affect the organization and functioning of military installations, public services, industries and basic [mining] enterprises, or the socioeconomic life of the country.” The law also provides for prison terms of two to six years and six to 10 years, respectively, for those who restrict the distribution of goods and for “those…who develop or carry out actions or omissions that impede, either directly or indirectly, the production, manufacture, import, storing, transport, distribution, and commercialization of goods.” There was no information on whether penalties were sufficient to deter violations.

The government restricted the freedom of association and the right to collective bargaining through administrative and legal mechanisms.

The ILO raised concerns about violence against trade union members and government intimidation of the Associations of Commerce and Production of Venezuela. ILO member countries voted to establish an ILO Commission of Inquiry against Venezuela to investigate longstanding complaints first lodged in 2015 of labor rights violations of ILO Conventions No. 26, 87, and 144, which pertain to minimum-wage fixing, freedom of association and protection of the right to organize, and tripartite consultation, respectively. The ILO had recommended that the government allow a tripartite delegation to provide technical assistance to mediate unresolved complaints between the government, employers, and workers. The government continued to refuse access to the ILO High-Level Tripartite delegation to address complaints of labor rights violations.

Organized labor activists continued to report that the annual requirement to provide the Ministry of Labor a membership roster was onerous and infringed on freedom of association. They alleged the ministry removed member names from the rosters for political purposes, particularly if members were not registered to vote with the CNE. Labor leaders also criticized the laborious and costly administrative process of requesting CNE approval for elections and subsequent delays in the CNE’s recognition of such union processes. In addition there reportedly was a high turnover of Ministry of Labor contractors, resulting in a lack of timely follow-through on union processes. Labor unions in both the private and public sectors noted long delays in obtaining CNE concurrence to hold elections and in receiving certification of the election results, which hindered unions’ ability to bargain collectively.

The government continued to support many “parallel” unions, which sought to dilute the membership and effectiveness of traditional independent unions. In October, Labor Minister Eduardo Pinate announced the expansion of the ministry’s Youth Worker Program (Chamba Juvenil), which independent union leaders claimed was a government mechanism to displace independent workers with government-aligned workers and also to suppress wages, since youth are paid less than experienced workers. In general these government-supported unions were not subject to the same government scrutiny and requirements regarding leadership elections. The government excluded from consideration other, independent union federations, including the Confederation of Venezuelan Workers, General Confederation of Venezuelan Workers, Confederation of Autonomous Unions of Venezuela, and National Union of Workers.

The government continued to refuse to adjudicate or otherwise resolve the cases of 19,000 employees of the state oil company (PDVSA) who were fired during and after the 2002-03 strike. The Ministry of Labor continued to deny registration to the National Union of Oil, Gas, Petrochemical, and Refinery Workers.

The concept of striking, demonized since the 2002 national security law, was used periodically as a political tool to accuse government opponents of coup plotting or other destabilizing activities. Some companies, especially in the public sector, had multiple unions with varying degrees of allegiance to the ruling party’s version of the “socialist revolution,” which could trigger interunion conflict and strife. In August striking regional union leaders of Corpoelec (a state-owned electricity operator) complained national union leaders failed to negotiate in good faith on behalf of striking workers demanding wage increases. Corpoelec regional union leaders alleged national union leaders were progovernment “chavistas” and therefore beholden to the government for political reasons.

In June Maduro provisionally released former University of Carabobo professor Rolman Rojas, former president of the Carabobo College of Nurses Julio Garcia, former president of Fetracarabobo Omar Escalante, and former secretary general of the National Federation of Retirees and Pensioners Omar Vasquez Lagonel but required weekly reports to a judge as a condition of their release. SEBIN detained the group in August 2017 for their participation in the national labor strike against the ANC election.

The law prohibits some forms of forced or compulsory labor but does not provide criminal penalties for certain forms of forced labor. The law prohibits human trafficking by organized crime groups through its law on organized crime, which prescribes 20 to 25 years’ imprisonment for the human trafficking of adults carried out by a member of an organized-crime group of three or more individuals. The organized-crime law, however, fails to prohibit trafficking by any individual not affiliated with such a group. Prosecutors may employ other statutes to prosecute such individuals. The law increases penalties from 25 to 30 years for child trafficking with the purpose of forced labor. There was no comprehensive information available regarding the government’s enforcement of the law. The labor group Autonomous Front in Defense of Employment, Wages, and Unions (FADESS) reported that public-sector worker agreements included provisions requiring service in the armed forces’ reserves.

There were reports of children and adults subjected to human trafficking with the purpose of forced labor, particularly in the informal economic sector and in domestic servitude (see section 7.c.). According to FADESS, more than 60,000 Cubans worked in government social programs (such as the Mission Inside the Barrio) in exchange for the government’s provision of oil resources to the Cuban government. FADESS noted Cubans worked in the Ministries of Education, Registrar, Notary, Telecommunications, and Security. FADESS also cited that the G-2 Cuban security unit was present in the armed forces and in state enterprises. Indicators of forced labor reported by some Cubans included chronic underpayment of wages, mandatory long hours, limitations on movement, and threats of retaliatory actions against workers and their families if they left the program. According to the Global Slavery Index, the estimated absolute number of victims in the country was 174,000.

The law does not sufficiently prohibit the trafficking of boys and requires proof of the use of deception, coercion, force, violence, threats, abduction, or other fraudulent means to carry out the offense of trafficking of girls, including for commercial sexual exploitation.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum employment age at 14. Children younger than 14 may work only if granted special permission by the National Institute for Minors or the Ministry of Labor. Such permission may not be granted to minors who are younger than the legal age for work in hazardous occupations that risk their life or health or could damage their intellectual or moral development. According to the ILO, the government had not made publicly available the list of specific types of work considered hazardous. Children ages 14 to 18 may not work without permission of their legal guardians or in occupations expressly prohibited by law, and they may work no more than six hours per day or 30 hours per week. Minors younger than age 18 may not work outside the normal workday.

Anyone employing children younger than age eight is subject to a prison term of between one and three years. Employers must notify authorities if they hire a minor as a domestic worker.

No information was available on whether or how many employers were sanctioned for violations. The government continued to provide services to vulnerable children, including street children, working children, and children at risk of working. There was no independent accounting of the effectiveness of these and other government-supported programs.

Most child laborers worked in the agricultural sector, street vending, domestic service, or in small and medium-size businesses, most frequently in family-run operations. There continued to be isolated reports of children exploited in domestic servitude, mining, forced begging, and commercial sexual exploitation (see section 6).

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

The constitution prohibits employment discrimination for every citizen. The law prohibits discrimination based on age, race, sex, social condition, creed, marital status, union affiliation, political views, nationality, disability, or any condition that could be used to lessen the principle of equality before the law. No law specifically prohibits employment discrimination based on sexual orientation, gender identity, or HIV/AIDS status. Media and NGOs, such as PROVEA and the Human Rights Center at the Andres Bello Catholic University, reported the government had a very limited capacity to address complaints and enforce the law in some cases and lacked political will in some cases of active discrimination based on political motivations.

Nominal wages increased 43,273 percent through the first nine months of the year, but accumulated inflation over the same period reached 81,043 percent, according to a monthly study conducted by the National Assembly Finance Committee, which conducted its work without official Central Bank data.

In January workers in the health, petroleum, transportation, and electricity began holding protests, work stoppages, and strikes denouncing “hunger salaries”–wages insufficient to afford the basic food basket and unable to keep pace with hyperinflation. Additionally, they decried the lack of adequate equipment, supplies, and safe working conditions. Emblematic was the nurses’ strike, which began in June and continued as of October. Nurses demanded a salary increase on par with those of military officials: Nurses earned 2.2 million, compared with military officials earning 240 million bolivares, a 100-fold salary disparity. Striking nurses also demanded hospital supplies and medicines to counteract severe shortages, rendering them unable to provide adequate patient care. In response President Maduro unilaterally issued a decree in August raising the national minimum wage to 1,800 bolivares soberanos ($11), a 60-fold increase from the previous minimum wage. Labor experts noted the unilateral nature of the decision countered ILO Convention No. 26 requiring the government to consult with employers and workers prior to enacting wage increases. Legislators noted the decree violated the law, since it supplanted collective bargaining agreements. Union leaders from the petroleum, health, telecommunications, and electricity sectors highlighted that the decree did not include wage adjustments to keep up with hyperinflation and thus remained insufficient to afford the basic food basket. It also violated the law by nullifying previously signed collective bargaining agreements, including wage tables that scaled salaries accounting for seniority and merit pay.

The president of CONINDUSTRIA, the trade union of the industrial sector, stated that of the 15,000 industries existing in 2000, only 3,500 remained as of October.

The law sets the workweek at 40 hours (35 hours for a night shift). The law establishes separate limits for “shift workers,” who may not work more than an average of 42 hours per week during an eight-week period, with overtime capped at 100 hours annually. Managers are prohibited from obligating employees to work additional time, and workers have the right to two consecutive days off each week. Overtime is paid at a 50 percent surcharge if a labor inspector approves the overtime in advance and at a 100 percent surcharge if an inspector does not give advance permission. The law establishes that, after completing one year with an employer, a worker has a right to 15 days of paid vacation annually. A worker has the right to an additional day for every additional year of service, for a maximum of 15 additional days annually.

The law provides for secure, hygienic, and adequate working conditions. Workplaces must maintain “protection for the health and life of the workers against all dangerous working conditions.” The law obligates employers to pay workers specified amounts for workplace injuries or occupational illnesses, ranging from two times the daily salary for missed workdays to several years’ salary for permanent injuries. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment.

The law covers all workers, including temporary, occasional, and domestic workers. There was reportedly some enforcement by the Ministry of Labor of minimum wage rates and hours of work provisions in the formal sector, but 40 percent of the population worked in the informal sector, where labor laws and protections generally were not enforced. The government did not enforce legal protections on safety in the public sector. According to PROVEA, while the National Institute for Prevention, Health, and Labor Security required many private businesses to correct dangerous labor conditions, the government did not enforce such standards in a similar manner in state enterprises and entities. There was no publicly available information regarding the number of inspectors or the frequency of inspections to implement health and safety, minimum wage, or hours of work provisions. Ministry inspectors seldom closed unsafe job sites. There was no information on whether penalties were sufficient to deter violations.

Official statistics regarding workplace deaths and injuries were not publicly available.

Vietnam

Section 7. Worker Rights

The constitution affords the right to association and the right to demonstrate but limits the exercise of these rights, including preventing workers from organizing or joining independent unions of their choice. While workers may choose whether to join a union and at which level (local or “grassroots,” provincial, or national), the law requires every union to be under the legal purview and control of the country’s only trade union confederation, the Vietnam General Confederation of Labor (VGCL), a CPV-run organization. Only citizens may form or join labor unions.

The law gives the VGCL exclusive authority to recognize unions and confers on VGCL upper-level trade unions the responsibility to establish workplace unions. The VGCL’s charter establishes the VGCL as the head of the multilevel unitary trade union structure and carries the force of law. The law also stipulates that the VGCL answers directly to the CPV’s VFF, which does not protect trade unions from government interference in or control over union activity.

The law also limits freedom of association by not allowing trade unions full autonomy in administering their affairs. The law confers on the VGCL ownership of all trade-union property, and gives it the right to represent lower-level unions. By law trade union leaders and officials are not elected by union members but are appointed.

The law requires that if a workplace trade union does not exist, an “immediate upper-level trade union” must perform the tasks of a grassroots union, even where workers have not so requested or have voluntarily elected not to organize. For nonunionized workers to organize a strike, they must request that the strike “be organized and led by the upper-level trade union,” and if non-unionized workers wish to bargain collectively, the upper-level VGCL union must represent them.

The law stipulates that trade unions have the right and responsibility to organize and lead strikes, and establishes certain substantive and procedural restrictions on strikes. Strikes that do not arise from a collective labor dispute or do not adhere to the process outlined by law are illegal. Contrary to international standards, the law forbids strikes regarding “rights-based” disputes. This includes strikes arising out of economic and social policy measures that are not a part of a collective negotiation process, as they are both outside the law’s definition of protected “interest-based” strikes.

The law prohibits strikes by workers in businesses that serve the public or that the government considers essential to the national economy, defense, public health, and public order. “Essential services” include electricity production; post and telecommunications; maritime and air transportation, navigation, public works, and oil and gas production. The law also grants the prime minister the right to suspend a strike considered detrimental to the national economy or public safety.

The law prohibits strikes among workers across different employers, resulting in a ban on sector- and industry-level protests and prohibits workers and unions from calling for strikes in support of multiemployer contracts.

The law states that the executive committee of a trade union may issue a decision to go on strike only when at least 50 percent of workers support it.

Laws stipulate an extensive and cumbersome process of mediation and arbitration before a lawful strike over an interest-based collective dispute may occur. Unions or workers’ representatives may either appeal decisions of provincial arbitration councils to provincial people’s courts or strike. The law stipulates strikers may not be paid wages while they are not at work. The law prohibits retribution against strikers. By law individuals participating in strikes declared illegal by a people’s court and found to have caused damage to their employer are liable for damages.

The laws include provisions that prohibit antiunion discrimination and interference in union activities while imposing administrative sanctions and fines for violations. The laws do not distinguish between workers and managers, however, and fail to prohibit employers’ agents, such as managers who represent the interests of the employer, from participating or interfering in union activity. Penalties were not adequate to deter violations.

According to the VGCL, more than 73 percent of the 189 strikes that occurred in the first eight months of the year occurred in foreign direct-investment companies (mainly Korean, Taiwanese, Japanese, and Chinese companies), and nearly 40 percent occurred in the southern economic zone area in Binh Duong, Dong Nai, Ba Ria Vung Tau provinces and Ho Chi Minh City. None of the strikes followed the authorized conciliation and arbitration process, and thus authorities considered them illegal “wildcat” strikes. The government, however, took no action against the strikers and, on occasion, actively mediated agreements in the workers’ favor. In some cases the government imposed heavy fines on employers, especially of foreign-owned companies, that engaged in illegal practices that led to strikes.

Because it is illegal to establish or seek to establish independent labor unions, there were no government-sanctioned domestic labor NGOs involved in labor organizing. Local labor NGOs, however, supported efforts to raise awareness of worker rights and occupational safety and health issues and to support internal and external migrant workers. Multiple international labor NGOs collaborated with the VGCL to provide training to VGCL-affiliated union representatives on labor organizing, collective bargaining, and other trade union issues. The International Labor Organization (ILO)-International Finance Corporation (IFC) Better Work project reported management interference in the activities of the trade union was one of the most significant issues in garment factories in the country.

Labor activists and representatives of independent (non-VGCL) worker organizations faced antiunion discrimination. Independent labor activists seeking to form unions separate from the VGCL or inform workers of their labor rights sometimes faced government harassment. In February a court convicted and sentenced peaceful labor and environmental activist Hoang Duc Binh to 14 years’ imprisonment under vague articles of the penal code. Binh, who was arrested in 2017, advocated for compensation for fishermen affected by the 2016 Formosa spill, and posted online content about the government’s response to the spill that significantly affected workers (also see section 1.d.). In July a crowd attacked the house of Do Thi Minh Hanh, chairwoman of the independent Viet Labor Movement, pelting it with stones, fish sauce, and petrol bombs. In addition authorities continued to use foreign travel prohibitions against labor activists, including Do Thi Minh Hanh (also see section 2.d.).

The constitution and law prohibit forced or compulsory labor. The labor code’s definition of forced labor, however, does not explicitly include debt bondage. In January penal code amendments entered into effect that criminalized all forms of labor trafficking of adults and prescribed penalties of five to 10 years’ imprisonment and fines of 20 to 100 million VND. The amendments also criminalized labor trafficking of children younger than age 16 and prescribed penalties of seven to 12 years’ imprisonment and fines of 50 to 200 million VND. The law does not provide any penalty for violation of the labor code provisions prohibiting forced labor. ,NGOs continued to report the occurrence of forced labor of men, women, and children within the country (see also section 7.c.).

Labor recruitment firms, most of which were affiliated with state-owned enterprises, and unlicensed brokers reportedly charged workers seeking international employment higher fees than the law allows, and they did so with impunity. Those workers incurred high debts and were thus more vulnerable to forced labor, including debt bondage.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The constitution prohibits “the employment of persons below the minimum working age.” The law defines underage employees as anyone younger than age 18. The law prohibits children under 18 from working heavy, hazardous, and dangerous jobs. The law limits children between ages 15 and 18 to working a maximum of eight hours per day and 40 hours per week. Children between ages 13 and 15 may work only in light jobs, as defined by the Ministry of Labor, and considerations must be made for schooling, working conditions, labor safety, and hygiene. The law permits children to register at trade training centers, a form of vocational training, from age 14 without parental consent. While the law generally prohibits the employment of children under 13, it allows those under 13 to engage in sectors not deemed to be harmful as regulated by the ministry.

The Ministry of Labor is responsible for enforcing child labor laws and policies. Government officials may fine and, in cases of criminal violations, prosecute employers who viol