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Andorra

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage was above the poverty level but not sufficient to provide a decent standard of living for a worker and family. The national ombudsman reported that the minimum wage was not enough to make housing affordable. The government generally enforced minimum wage laws. The number of individuals living in a vulnerable situation increased as a result of the medical crisis caused by the COVID-19 pandemic. Single-parent families were among the most vulnerable groups. Caritas and the Andorran Red Cross provided meals and food rations to more than 1,200 persons per day from June to September.

Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year. Penalties for wage and overtime violations were commensurate for those of similar crimes.

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

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The office had a sufficient number of inspectors and resources to enforce compliance. Inspectors had the authority to conduct unannounced inspections. Penalties for violations were commensurate with those for similar crimes. As of the end of July, the Labor Inspection Office had received 33 complaints. As of July, the Andorran Social Security Fund had registered 4,604 workplace accidents, which led to 3,610 persons on sick leave from their workplace for an average of 25 days. There were no deaths registered.

Angola

Section 7. Worker Rights

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns about the wide disparities of minimum wage by sector and the possibility this may undervalue work in female-dominated sectors. The lowest minimum wage was for agricultural work and was set below the UN Development Program’s official line of poverty. 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 bonus amounting to 50 percent of monthly salary to employees each year in December and an annual vacation. The law did not cover domestic workers, but a 2016 presidential decree extended some protections and enforcement standards to domestic workers. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Labor and Social Security. The 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, and penalties were commensurate with those for similar infractions. 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.

The Ministry of Public Administration, Labor and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Inspectors have the authority to conduct unannounced inspections and initiate sanctions but some companies received advance warning of impending labor inspections.

Occupational safety and health standards are required for all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions without jeopardy to their employment. The government did not always proactively enforce occupational safety and health standards nor investigate private company operations unless complaints were made by NGOs and labor unions. Inspections were reduced due to the COVID-19 pandemic. In 2019 there were 241 major industrial accidents that caused the death or serious injury of workers.

Antigua and Barbuda

Section 7. Worker Rights

e. Acceptable Conditions of Work

The government does not have an established poverty income level. Most workers earned substantially more than the minimum wage.

The law provides that workers are not required to work more than a 48-hour, six-day workweek. The law requires that employees be paid for overtime work at one and one-half times the employees’ basic hourly wage after exceeding 40 hours in the workweek. The Ministry of Labor put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health (OSH) provisions. The Ministry of Labor reported that workers are allowed to remove themselves from unsafe situations that endanger their health or safety without jeopardizing their employment. The ministry has the authority to require special safety measures, not otherwise defined in the law, for worker safety. An NGO reported that while the government generally enforced most elements of the labor law, OSH enforcement was less effective. Penalties for violations of OSH laws were not always commensurate with those for similar crimes such as negligence.

Labor inspectors from the Ministry of Labor and the Industrial Court are responsible for enforcement of labor laws in the formal and informal sectors. The government reported there were eight labor inspectors, which was insufficient to enforce full compliance. The government enforced labor laws, including levying remedies and modest fines for nonpayment of wages. Penalties for illegal overtime did not always effectively deter labor violations.

An NGO representative reported that workers in a local distillery were transporting hazardous liquids without adequate protective gear. An electric utility worker was electrocuted while working on a utility pole.

Argentina

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage remained below the official poverty income level for a family of four, despite a 35-percent increase announced in October 2019. Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive.

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

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

The Ministry of Labor has responsibility for enforcing legislation related to working conditions. The government sets occupational safety and health (OSH) standards, which were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. The law limits the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector (approximately 35 percent of the labor force). The Ministry of Labor continued inspections to ensure companies’ workers were registered and formally employed. Inspectors had the authority to make unannounced inspections and to initiate sanctions. The ministry conducted inspections in various provinces, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with OSH laws and the activities of the labor risk insurance companies.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances. Through September the Ministry of Labor reported receipt of 81,000 occupational safety complaints related to COVID-19, especially in the health sector. As a result, the sector surpassed the traditionally more dangerous manufacturing and mining sectors in the number of complaints received.

Armenia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The 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 informal sectors, and penalties for violations of wage, hour, and occupational safety and health standards were not commensurate with those for other similar crimes. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspectorate and lack of independent trade unions. Nonetheless, according to the HLIB, the fact that many of the labor-related complaints received since July were resolved by employers without waiting for HLIB’s ruling attested to some improvement in the area, as well as to HLIB’s existence serving as deterrent against violations. While administrative courts have a mandate to rule on labor-related cases within three months, few employees applied to the courts to reinstate their rights due to legal costs, the complexity of the application process, and distrust of the judiciary. It was unclear if the overloaded courts were able to meet the legally required three-month window for resolving those labor disputes that were submitted to them.

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. Employers often subsequently dismissed these employees, who were then unable to claim payment for the time they worked because their initial employment was undocumented. According to a 2018 survey carried out by the local NGO Advanced Public Research Group, only 48 percent of those employed by small businesses had contracts. The survey also revealed problems involving the inability of workers to take paid annual leave and lack of compensation for overtime work.

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. A 2019 World Bank report found that approximately 13 percent of the country’s wage employees did not have a written contract and did not have access to any form of benefits related to paid leave, childcare, or sick leave. The agricultural orientation of the country’s economy tended to drive informal employment. According to official statistics, the government’s anticorruption efforts and active efforts by the tax authorities led to a notable increase in the number of officially registered employees in the country. The COVID-19 pandemic spotlighted the issue of informal employment. The government offered benefits to registered workers or those who had lost their work due to pandemic; unregistered or self-employed workers received much lower benefits. The government admitted there was a problem identifying informal employees and the self-employed due to the absence of a universal income declaration system and ultimately decided to provide assistance to families based on indicators, such as the presence of underage children or situations where both parents did not have formal employment before the pandemic. Some of those who lost their livelihoods, however, were not captured by any of the additional assistance programs.

On September 14, Hetq.am reported that trial court judge Tatevik Stepanyan ruled to satisfy the claim of about 100 current employees of Rusal Armenia CJSC, one of the country’s largest industrial enterprises, and to grant them 717 million drams (about $1.5 million) for unpaid overtime accrued from 2007 to 2019. The lawyer representing the employees said that they worked 12-hour days every day with only a 57-minute break during that period.

On September 15, Hetq.am published the story of electrician Vachagan Nalbandyan, who suffered grave injuries on the job after falling 26 feet from an electrical tower and being hit by a crane that subsequently fell on him. According to the report, his employer (T-Construction CJSC, which belongs to Tashir Capital group owned by Russia-based Samvel Karapetyan and family) refused to pay for the urgent surgeries Nalbandyan needed, claiming they were awaiting an expert assessment and had no responsibility for the crane, which was owned by another person.

Safety and health conditions remained substandard in numerous sectors. According to a January 17 Hetq.am report, there were 39 fatal workplace accidents from 2017 to 2019. According to the report, the greatest number of workplace accidents occurred in open-pit mines in the Syunik region, followed by accidents in the processing industry. 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.

Due to limitations on HLIB’s authority and a still limited number of inspectors, inspection efforts remained insufficient to enforce compliance. Inspectors did not have the authority to make unannounced inspections.

On June 22, the Ombudsman’s Office released a brief on the nature of labor violation complaints it received in 2019. Reported problems included employers failing to pay what they owe to terminated employees; unjustified dismissals from work; violations of disciplinary action procedures vis-a-vis employees; retaining unjustified amounts of money from the workers’ salaries; and transferring workers to other jobs without their consent. The Ombudsman’s Office also identified widespread and systemic violations such as an absence of signed contracts, forcing employers to submit resignation letters, and failure to pay for overtime work. Helsinki Citizens Assembly Vanadzor NGO, in a report released on June 24, reported similar problems based on its monitoring of the labor rights situation in 2019.

The outbreak of COVID-19 caused many businesses to close in April, with some gradually reopening beginning in early May. Health, safety, and epidemiological oversight covered both employees and patrons of Armenian businesses. Inspectors shut down numerous businesses for periods of several days for failing to comply with antiepidemic regulations.

Australia

Section 7. Worker Rights

e. Acceptable Conditions of Work

For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income.

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

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

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The Office of the Fair Work Ombudsman provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsman also has authority to prosecute employers who do not meet their obligations to workers. Ombudsman inspectors may enter work sites unannounced if they reasonably believe it is necessary to ensure compliance with the law. The number of ombudsman inspectors was sufficient to enforce compliance and penalties were commensurate with those for crimes like negligence. Inspectors can order employers to compensate employees and sometimes assess fines. There were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns.

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

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the 2018 Fair Work Ombudsman’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the ombudsman continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas.

Safe Work Australia, the government agency responsible for developing and coordinating national workplace health and safety policy, cited a preliminary estimate that, in the year to November 5, 140 workers died while working. Of these fatalities, 44 were in the transport, postal, and warehousing sectors; 27 in the agriculture, forestry, and fishing sectors; and 27 in construction.

Austria

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The agreements set wages above the poverty line except in a few cases.

The law in general provides for a maximum workweek of 40 hours, although collective bargaining agreements establish 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. A law that entered into force in 2019 allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked must not exceed an average of 48 hours per week over a period of 17 weeks. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations. Penalties were commensurate with other similar crimes.

Foreign workers in both the formal and informal sectors made up approximately 19 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate effectively enforced mandatory occupational health and safety standards, which were appropriate for the main industries. The number of inspectors was sufficient to deter violations. Inspectors have the authority to make unannounced inspections and initiate sanctions. Resources and remediation remained adequate. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code. Penalties are commensurate with those for other crimes, such as negligence.

The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger, risk assessment, and plus evaluation; preventing work-related illnesses and occupational diseases; providing training as well as information on occupational safety and health; and improving the training of prevention experts. In 2018 a total of 148 workers died in industrial accidents.

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

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

Azerbaijan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage was higher than the poverty income level (minimum living standard). Experts stated government employers complied with the minimum wage law but that it was commonly ignored in the informal 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 were not commensurate with those for similar crimes.

In 2017 the government extended its moratorium on scheduled and unannounced labor inspections through 2020. Although inspectors were permitted to request information from employers and relevant employees in order to investigate complaints, complaint response did not include worksite inspections. The Ministry of Labor and Social Protection reported that it investigated 8,512 complaints during the year.

Inspection of working conditions by the Ministry of Labor and Social Protection’s labor inspectorate was weak and ineffective due to the moratorium. Although the law sets health and safety standards, employers are known to ignore them. Violations of acceptable conditions of work in the construction and oil and gas sectors remained problematic. A local NGO reported that oil workers were forced to work lengthy shifts at sea because of COVID-19 restrictions.

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 labor law, noting they were unable to receive overtime payments or vacations.

According to official statistics, 48 workers died on the job during the year, including three in the oil and gas sector.

Bahamas

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage is above the established poverty income level.

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 main industries. According to the Department of Labour, 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.

The Department of Labour is responsible for enforcing labor laws, including the minimum wage, work hours, safety, health welfare, and child labor, and it enforced the law inconsistently, especially in the large informal sector. The Labour Inspection Section of the Department of Labour conducted random onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints. Inspections occurred infrequently, although the Department of Labour was increasing the number of inspectors. Penalties for violations of occupational health and safety laws are commensurate with those for crimes like negligence. In response to the COVID-19 pandemic, the Department of Labour stated it conducted additional workplace inspections to enforce compliance with the Ministry of Health’s COVID-19 workplace guidelines. Inspectors had the right to conduct unannounced visits and levy fines, but the department sometimes announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. Employees who worked in the construction, agricultural, hospitality, engineering, and informal sectors endured hazardous conditions. In addition officials at the BDCS prison complained of a lack of hazard pay for working close to inmates with communicable diseases, including HIV/AIDS and COVID-19.

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The Lessons of 1989: Freedom and Our Future