Afghanistan

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The pre-August 15 government’s law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The law, however, provided no definition of a union or its relationship with employers and members, nor did it establish a legal method for union registration or penalties for violations. The law did not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provided no other legal protection for union workers or workers seeking to unionize. International NGOs noted that unions were largely absent from the informal and agricultural sectors, which accounted for the majority of Afghan workers.

Although the law identifies the Labor High Council in the Ministry of Labor, Social Affairs, Martyrs and Disabled (Ministry of Labor) as the highest decision-making body on labor-related matters, the lack of implementing regulations prevented the council from performing its function. The ministry contained an inspection office, but labor inspectors could only advise and make suggestions. Inspectors lacked the authority to enter workplaces freely, conduct inspections, and assess fines for violations. As a result, application of the law remained limited because of a lack of central enforcement authority, implementing regulations that describe procedures and penalties for violations, funding, personnel, and political will. The Taliban’s so-called interim minister of labor and social affairs has not made any statements on workers’ unions since he assumed the office.

b. Prohibition of Forced or Compulsory Labor

The law narrowly defines forced labor and does not sufficiently criminalize forced labor and debt bondage. Men, women, and children were exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment was used to entrap other family members, sometimes for multiple generations. This type of debt bondage was common in the brickworks industry. Some families knowingly sold their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the labor law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were not commensurate with analogous crimes, such as kidnapping.

Men, women, and children (see section 7.c.) were exploited in bonded and forced labor. Traffickers compelled entire families to work in bonded labor, predominantly in the carpet and brickmaking industries in the eastern part of the country and in carpet weaving countrywide. Some women who were sold to husbands were exploited in domestic servitude by their husbands. Men were subjected to forced labor and debt bondage in agriculture and construction.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The labor law sets the minimum age for employment at 15 but permits 14-year-old children to work as apprentices, allows children ages 15 and older to do light, nonhazardous work, and permits children 15 to 17 to work up to 35 hours per week. The law prohibits children younger than 14 from working under any circumstances. The law was openly flouted, with poverty driving many children into the workforce. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security-guard services; and work related to war. The Taliban made no public statements on child labor and has not purported to alter the existing labor law, but reports indicated that child labor continued in poverty-stricken areas.

Poor institutional capacity was a serious impediment to effective enforcement of the law. Labor inspectors had legal authority to inspect worksites for compliance with child-labor laws and to impose penalties for noncompliance. But deficiencies included the lack of authority to impose penalties for labor inspectors, inadequate resources, labor inspector understaffing, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. Most victims of forced labor were children. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coal mines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt; commercial sexual exploitation including bacha bazi (see section 6, Children); transnational drug smuggling; and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year (see section 1.g.). Taliban forces pressed children to take part in hostile acts (see section 1.g.).

Some children were forced by their families into labor with physical violence. Families sold their children into forced labor, begging, or sex trafficking to settle debts with opium traffickers. Some parents forcibly sent boys to Iran to work to pay for their dowry in an arranged marriage. Children were also subject to forced labor in orphanages run by NGOs and overseen by the government.

According to the International Labor Organization and UNICEF, millions more children were at risk of child labor due to COVID-19 because many families lost their incomes and did not have access to social support. Child labor was a key source of income for many families and the rising poverty, school closures, and decreased availability of social services increased the reliance on child labor. Many children already engaged in child labor experienced a worsening of conditions and worked longer hours, posing significant harm to their health and safety. Aid and human rights groups reported child labor laws were often violated, and noted that children frequently faced harassment and abuse and earned very little or nothing for their labor. In November UNICEF reported 9.7 million children needed humanitarian assistance and that child labor was likely to increase as humanitarian coping mechanisms were exhausted. The number of child laborers increased both due to general impoverishment of families and the arrival of more IDPs, according to a December statement by a Social Affairs Directorate officer in Herat Province.

Gender inequities in child labor were also rising, since girls were particularly vulnerable to exploitation in agriculture and domestic work. The UN Security Council reported that nine violent attacks against schools occurred between April 1 and June 30. Poverty and security concerns frequently led parents to pull girls out of school before boys, further increasing the likelihood that girls could be subjected to child labor.

In August international aid organizations noted that, without sufficient humanitarian aid, families would be forced to resort to child labor and child marriage. In November UN officials noted that a worsening economic situation was leading households to resorting to dangerous practices, such as child labor and early marriage, in order to survive.

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

The 2004 constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The law prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism, which was commensurate with laws related to civil rights, such as election interference. A 2018 law criminalizes physical, verbal, and nonverbal harassment, punishable with a fine, but the law remained largely ineffective due to underreporting.

Under the pre-August 15 government, women faced discrimination and hardship in the workplace. Women made up only 22 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Gender-based violence escalated with targeted killings of high-profile women in the public sector. Salary discrimination existed in the private sector. Men earned 30 percent more on average in the same occupations as women and 3.5 times more in agriculture and forestry, where women occupied two-thirds of the workforce. Female journalists, social workers, LGBTQI+ persons, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

The pre-August 15 government’s Ministries of Labor and Public Health jointly adopted a regulation listing 244 physically arduous and harmful occupations prohibited to women and children, of which 31 are identified as the worst forms of child labor that are prohibited to children younger than 18. Under the regulation, it is not permissible for women and children to engage in types of work that are physically arduous, harmful to health, or carried out in underground sites, such as in the mining sector.

In September the Taliban-appointed “Kabul mayor” instructed the city’s female staff (amounting to approximately one-third of Kabul’s 3,000 municipal employees) to stay at home, with the exception of women whose jobs could not be replaced by men. Taliban leaders stated they would implement their version of sharia, prohibiting women from working alongside men, but gave no indication when female employees would be able to return to work. A similar Taliban ruling kept public universities from opening in September, as they were not configured to meet the Taliban’s gender-segregation standards, which effectively barred women from obtaining a secondary education, disenfranchising them from professional employment.

In October, media reported Taliban representatives stated women would continue to work at police stations and in passport offices. The Taliban further stated they were trying to provide working conditions for women in the sectors where they were needed, according to Islamic law. Taliban representatives also stated women were banned from most employment while saying women could keep their jobs only if they were in a role a man could not fill. In a December 16 interview, Taliban spokesperson Zabihullah Mujahid claimed no women had been fired from public-sector jobs and that they continued to receive salaries at home.

As of December the UN OCHA mapped the agreements between aid agencies and the Taliban in each of the country’s 34 provinces, showing where female staff members would be permitted to work. The document, reviewed by HRW, indicated that, as of October 28, Taliban representatives in only three provinces had provided a written agreement unconditionally permitting women aid workers to do their jobs. Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, Systemic Racial or Ethnic Violence and Discrimination).

Wage and Hour Laws: The law for the pre-August 15 government established a minimum wage of 6,000 afghanis ($78) per month for permanent (unlimited duration, paid leave) government employees and 5,500 afghanis ($71) per month for workers in the nonpermanent private sector (fixed-term contracts, temporary agency work and casual or seasonal work). The country did not have minimum wage rules for permanent workers in the private sector. In 2020 the Ministry of Economy established a poverty line of two dollars per day. The afghani devalued from 77 afghanis per U.S. dollar to more than 105 afghanis per U.S. dollar from June to year’s end, putting all minimum wage earners below the poverty line.

The law for the pre-August 15 government defined the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The government regulated night and overtime work. Night work (between 8 p.m. and 7 a.m.) qualified production workers for a 25 percent increase in wages; service and administrative workers earned a 15 percent increase. Overtime work earned employees a 25 percent increase in wages for the hours worked, 50 percent if those hours were during a public holiday. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law requires employers to provide day care and nurseries for children.

The Ministry of Labor, in cooperation with the Ministry of the Interior, was responsible for enforcement of wage and hour laws. The Ministry of Labor was responsible for conducting inspections and responding to complaints; the Interior Ministry would enforce the law with fines and prison sentences. In 2020 the government did not report the number of labor inspectors; however, as of December 2018 the Labor Ministry had 27 inspector positions, 21 of which were filled. The number of labor inspectors was insufficient for the size of the country’s workforce, which included more than 7.9 million workers. According to the International Labor Organization’s technical advice of a ratio approaching one inspector for every 40,000 workers in less developed economies, the country should employ more than 200 labor inspectors. Government officials and NGOs acknowledged the number of labor inspectors was insufficient to enforce compliance. Officials within the Ministry of Labor indicated that labor inspections took place only in Kabul. Ministry inspectors had the authority to make unannounced inspections but could not initiate sanctions or assess penalties themselves. The Labor Ministry would pass findings to the Interior Ministry, whose prosecutors would decide how and whether to prosecute. No data were available on Labor Ministry funding or the number of inspections conducted during the year.

The pre-August 15 government did not effectively enforce minimum wage and overtime laws. Neither the Ministry of Labor nor the Ministry of Interior made data available on penalties assessed for violation of labor laws, making comparisons with similar crimes (fraud) impossible. Media reporting suggested the Labor Ministry had focused its inspections on public organizations, ignoring worksites in the private sector as well as in the informal economy. International NGOs and Afghan media reported that violations of wage, hour, and overtime laws were especially prominent in the brickmaking and carpet-making sectors.

Occupational Safety and Health: The country has no occupational safety and health (OSH) regulations or officially adopted standards. There were no government inspectorates to investigate unsafe conditions or respond to workers’ complaints. Workers could not remove themselves from health-endangering situations without risking their employment.

The law provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, miners, and workers in other occupations that presented health risks. Inspectors for compliance for reduced hours for at-risk employees were the same as those responsible for wage enforcement. The pre-August 15 government did not effectively enforce wage, workweek, or OSH laws. The number of labor inspectors was not sufficient to enforce compliance, and inspectors have no legal authority to impose penalties for violations. Resources, inspections, and remediation were inadequate, and penalties for violations were nonexistent.

With no formal OSH laws in place, the government did not track sector-specific deaths and injuries. Media reports suggested that workers in the construction, metalworking, and mining industries were especially vulnerable to death or injury, because adherence to OSH principles was not compulsory.

Informal Sector: Even before August 15, employers often chose not to comply with the pre-August 15 government labor requirements and often preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. In October the UN secretary-general noted 80 percent of the country’s economy was informal, with women dominating the informal economy. Workers in the informal sector were covered by minimum wage and workweek-hour laws, but informal workers were generally unaware of the full extent of their labor rights.

The pre-August 15 government did not provide additional social protections for workers in the informal economy. The Labor Ministry, however, was responsible for the operation of Child Protection Action Network (CPAN) units, a coalition of government agencies, NGOs, and community and religious leaders designed to combat child labor which occurred primarily in the informal sector. CPAN units received complaints of child labor, investigated, and referred cases to NGO and government shelters that provided social services. CPAN operated in 171 districts and processed more than 3,500 cases in 2020. No data were available on cases during the year or whether CPAN would continue under the Taliban.

Albania

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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 a natural catastrophe, a state of war, extraordinary situations, and cases where the freedom of elections is at risk.

The law provides 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.

The government did not effectively enforce the law. Resources for conducting inspections and remedying violations were not adequate. The labor inspectorate inspected 8 percent of businesses in the country. Penalties were rarely enforced and were not commensurate with those under other laws related to the denial of civil rights. Of 45 fines that were imposed, only 17 were collected as of July. 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 bargaining agreements, once reached, were difficult to enforce.

b. Prohibition of Forced or Compulsory Labor

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 for violations were commensurate with those for other serious crimes but were seldom enforced. Some law enforcement organizations and the victim advocates at the prosecutors’ offices received training in a victim-centered approach to victims of human trafficking. The government continued to identify victims of forced labor and 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 https://www.state.gov/trafficking-in-persons-report/.

The law prohibits most of the worst forms of child labor, but gaps exist in the legal framework, such as lack of prohibitions for using children in illicit activities. 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.” 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 30 hours per week when school is not in session. Children who are 16 or 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 Finance and Economy is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law. Penalties for violations were rarely assessed and were not commensurate with those of other serious crimes.

Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, small-scale agricultural harvesting, selling small goods in the informal sector, serving drinks and food in bars and restaurants, the clothing industry, and mining. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas. The NGO Nisma ARSIS reported an increasing number of children in street situations used for drug distribution.

Children were subjected to forced begging and criminal activity. Some 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. In several cases, police detained parents of children found begging in the street and referred children for appropriate child services care. The State Agency on Children ’s Rights continued to identify and manage cases of street children identified by mobile identification units.

In 2013, the most recent year for which statistics were available, 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 State Agency for Protection of Children Rights identified 166 children in street situations as of June.

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. As of July, SILSS reported 91 children younger than 18 registered to work, of whom 40 were employed in manufacturing enterprises and 42 in the hotel, bar, and restaurant industry.

The NGO Terre des Hommes reported that the COVID-19 pandemic may have worsened child labor violations. Restriction of movement and other measures against COVID-19 produced new exploitation trends, such as door-to-door begging and afternoon and night street work.

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

Labor laws prohibit employment discrimination based on race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV or AIDS status, or social origin. The government did not enforce the law, and penalties for violations were not commensurate with those under other laws related to denials of civil rights. The commissioner for protection from discrimination reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

There are laws prohibiting women from engaging in work that requires lifting more than 44 pounds.

According to the labor force survey, women were less likely to participate in the labor market. The participation in the labor force of women between the ages of 15 and 64 decreased slightly, from 61.6 percent in 2019 to 61.2 percent in 2020. The most common reasons given for nonparticipation in the paid labor market included school attendance (20.9 percent) or unpaid housework (18.8 percent). For men not active in the paid labor market, 25.7 percent cited school attendance and 0.6 percent cited housework as the reason.

The national minimum wage was higher than the national poverty threshold.

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.

SILSS and tax authorities are responsible for enforcing the minimum wage and hour laws. Enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators. The number of inspectors was insufficient to enforce compliance. Inspectors did have the authority to make unannounced inspections and initiate sanctions.

The government 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 migrant workers or workers in the informal sector. Penalties for violations to wage and hour laws were not commensurate with those of similar crimes.

Occupational Safety and Health: Occupational safety and health standards were appropriate for the main industries, although enforcement was lacking. Experts did not actively identify unsafe conditions in addition to responding to worker’s complaints. SILSS is also responsible for occupational health and safety standards and regulations. The government did not effectively enforce occupational safety and health laws. 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 were not commensurate with those of other similar crimes. 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.

Informal Sector: Workers in the informal sector made up 56 percent of the economy, according to the International Labor Organization’s 2019 Overview of the Informal Economy in Albania. Informal workers are not covered by wage, hour and occupational safety and health laws and the government did not provide social protections for informal workers. Government enforcement of labor laws remained largely ineffective, in part due to the extent of informal employment. Child labor primarily occurred in the informal sector (see section 7.c.).

Algeria

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution allows for the right of workers to join and form unions of their choice, provided they are citizens. The country has ratified the ILO’s conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully. It was unclear whether the government enforced applicable laws commensurate with those for other laws involving denial of civil rights, such as discrimination. The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To form a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of employers’ antiunion practices.

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

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements during the annual tripartite meeting. Other authorized unions can bargain with specific ministries but are excluded from the tripartite meeting.

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

The government reported 99 registered trade unions and 59 employers’ organizations, up from 91 and 47, respectively, in 2020. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles as the primary obstacles to establishing legal status. The ILO Committee of Experts on the Application of Conventions and Recommendations reiterated in 2017 that the lengthy registration process seriously impeded the establishment of new unions.

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

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic-sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country. In 2019 authorities shut down CGATA’s offices and authorities arrested and jailed an executive member of CGATA, Kaddour Chouicha. On April 29, authorities arrested Chouicha, journalists Jamila Loukil and Said Boudour, and 12 others on charges of “enlistment in a terrorist or subversive organization active abroad or in Algeria.” The court in Oran heard the case on May 18 but did not notify the defendants’’ lawyers. The court granted Chouicha and Loukil’s provisional release and placed Boudour under judicial supervision.

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

On April 5, authorities arrested Mourad Ghedia, president of the SNAPAP/CGATA Justice Sector Workers. A judge placed Ghedia in pretrial detention. Ghedia did not have access to a lawyer, and the judge did not inform him of the charges.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. The government did not effectively enforce the law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, migrant women were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and exploitation. Construction workers and domestic workers were reportedly vulnerable. Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law does not prohibit and criminalize all the worst forms of child labor. The government did not effectively enforce the law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The law prohibits employment by minors in dangerous, unhealthy, or harmful work or in work considered inappropriate because of social and religious considerations, yet the country has not determined by national law or regulation the types of work that are hazardous for children. Under the law there is no legislative provision prohibiting the use, procuring, or offering of a child younger than age 18 for the production and trafficking of drugs. The minimum legal age for employment is 16, but younger children may work as apprentices with permission from their parents or legal guardian. The law prohibits workers younger than 19 from working at night. The ILO noted, however, that the country’s standard of “night” for children is only eight hours, less than the 11 hours recommended by the ILO.

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

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and, in some cases, investigated companies suspected of hiring underage workers. The ministry’s Labor Inspector Service in 2019 conducted 124,698 inspections and reported 10 children were found working illegally but did not provide updated statistics for the year. The Ministry of Labor attributed the low figure to the fact that most children worked in the informal economy, and inspections were limited to registered businesses. Monitoring and enforcement practices for child labor were ineffective.

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

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

The law prohibits discrimination with respect to employment, salary, and work environment based on age, gender, social and marital status, family links, political conviction, disability, national origin, and affiliation with a union. It was not clear whether penalties for violations were commensurate with other laws on civil rights, such as election interference. The law restricts women from working during certain hours of the day and does not permit women to work in jobs deemed arduous. In addition to the legislative provisions in force, employers must ensure that the work entrusted to women, minors, and persons with disabilities does not “require an effort exceeding their strength.”

Men held a large percentage of positions of authority in government and the private sector, and women reported facing employment discrimination with job offers being extended to less qualified male applicants. Although the law states women should receive a salary equal to men, leaders of women’s organizations reported discrimination was common and that women were less likely to receive equal pay for equal work or promotions, particularly in the private sector.

Few businesses abided by the law requiring that they reserve 1 percent of jobs for persons with disabilities. NGOs reported that the government did not enforce payment of fines for failing to abide by the law. The government usually highlighted its efforts in March to coincide with the National Day of the Disabled. The ministry, however, reported it had increased efforts to enforce the 1 percent quota during the year. The ministry reported it inspected 276 businesses, encompassing 88,718 workers, to verify compliance with the 1 percent quota. The ministry issued 44 formal notices to 68 noncompliant employers for failure to adhere to the quota.

The law does not explicitly prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions. Particularly vulnerable were women, girls, and young men from sub-Saharan Africa who were lured into the country to accept jobs in restaurants and hair salons but were subjected to forced labor conditions. NGOs reported instances in which unaccompanied migrant girls were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes or exploited as prostitutes.

Wage and Hour Laws: A tripartite social pact among business, government, and the official union established a national, monthly minimum wage which is above the poverty income level. In June 2020 President Tebboune directed the Ministry of Labor to increase the monthly minimum wage. He also eliminated tax obligations for low-income workers.

The standard workweek was 40 hours, including one hour for lunch per day. Half of the lunch hour is considered compensated working time. Employees who worked longer than the standard workweek received premium pay on a sliding scale from time-and-a-half to double time, depending on whether the overtime occurred on a normal workday, a weekend, or a holiday. It was unclear whether penalties for violations were commensurate with those for similar crimes, such as fraud.

Occupational Safety and Health: Occupational safety and health (OSH) standards were appropriate for the main industries in the country. Responsibility for identifying unsafe situations remains with OSH experts and not the worker based on hazards inherent to the nature of work. Responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker. It was not clear whether the law provides workers the right to remove themselves from a hazardous workplace without jeopardizing their employment. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may renegotiate their contracts or, failing that, resort to the courts. While this legal mechanism existed, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. The government did not effectively enforce occupational safety and health laws. It was unclear whether penalties for violations were commensurate with those for crimes like negligence.

Informal Sector: The government’s labor laws do not formally allow refugee employment or adequately cover migrant laborers; therefore, many economic migrants from sub-Saharan Africa and elsewhere who worked in the informal sector, primarily in construction and as domestic workers, were at risk of labor exploitation due to their lack of legal status.

The government requires employers to declare their employees to the Ministry of Labor and to pay social security benefits. The government allowed undeclared workers to gain credit for social security and retirement benefits for time spent in the informal economy if they repay any taxes owed after registering. The government did not effectively enforce the law. The Labor Ministry did not employ sufficient inspectors.

The government prioritized pregnant women and women raising children, as well as individuals with chronic illnesses and those with health vulnerabilities, for exceptional leave. In 2020 authorities extended exceptional leave to the private sector.

On August 8, the government increased the unemployment allowance. The government set an age limit for qualified job seekers and introduced a system to control unemployment cards.

Andorra

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for workers to form and join independent trade unions. The law also regulates the relations between trade unions and employer associations as well as mechanisms of collective conflict. The law provides for the rights to bargain collectively and to strike. Alternate dispute resolution mechanisms such as mediation and arbitration exist. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers fired for union activity.

While the government effectively enforced the law, the county’s main union Unio Sindical d’Andorra (USdA) criticized the law, alleging it does not effectively protect workers, especially those with short-term contracts. The economic impact of the COVID-19 pandemic increased the vulnerability of some workers who had precarious contract terms. Penalties for violations were commensurate with those for other laws involving the denial of civil liberties.

The government and employers respected freedom of association. Collective bargaining did not occur during the year. There were no official reports of or investigations into any antiunion discrimination. Workers continued to be reluctant to admit to union membership due to fear of retaliation by their employers and arbitrary dismissal.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government effectively enforced applicable laws. Penalties were commensurate with penalties for similar crimes.

The law prohibits children younger than age 14 from working and all of the worst forms of child labor. Children ages 14 or 15 may work up to two months per year during school holidays following strict regulations contained in the law. The law limits work by children who are ages 14 or 15 to no more than six hours per day, limits work by children ages 16 or 17 to eight hours per day, provides for safety restrictions, restricts the types of work children may perform, and outlines other conditions. According to the law, children may not work overtime, work overnight, or work in dangerous occupations, especially in the construction sector. The law provides for protection of children from exploitation in the workplace. Penalties were commensurate with those for other similar crimes. The government effectively enforced the law.

The law prohibits discrimination with respect to employment and occupation, and the government effectively enforced the law. Penalties were commensurate with other laws related to civil rights. Some cases of discrimination against persons with disabilities, persons based on sexual orientation, and women occurred with respect to employment or occupation. Discrimination against persons with disabilities existed in the form of social and cultural barriers, as well as disadvantages in the labor market. The Ministry of Social Affairs favored the hiring of persons with disabilities and promoted the Network of Inclusive Businesses. Member companies received fiscal and social incentives for participating.

Women represented 49 percent of the workforce. The law requires equal pay for equal work. No cases were filed during the year, but the ADA and trade union representatives from the USdA reported cases of gender discrimination, especially relating to unequal salaries for the same work and workplace bullying. Victims were reluctant to file a complaint due to fear of reprisal from employers. The government’s Department of Statistics estimated that women earned on average 20 percent less than men for comparable work. In the financial sector, this percentage increased to 28 percent. The government tried to combat pay discrimination in general, and it applied pay equality within the government.

Wage and Hour Laws: 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 because of the medical crisis caused by the COVID-19 pandemic. The government enacted legislation creating mechanisms to assist companies and workers to deal with the economic impact of COVID-19. In an April study by the Social Observatory of Andorra, 38 percent of the population reported having financial difficulties. Youth and women as well as temporary workers were among the most vulnerable groups.

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 with those for similar crimes. The Labor Inspection Office, within the Ministry of Presidency and Economy, has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The office had enough inspectors and resources to enforce compliance. Inspectors had the authority to conduct unannounced inspections.

Occupational Safety and Health: The responsibility for identifying unsafe situations remains with occupational safety and health experts, 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 enough inspectors and resources to enforce compliance. Inspectors had the authority to conduct unannounced inspections. Inspections for occupational safety and health were conducted by the same inspectors under the same authorities as wage and hours. The government effectively enforced occupational safety and health laws, and the penalties for violations were commensurate with those for crimes such as negligence.

As of the end of August, the Labor Inspection Office had received 41 complaints. In 2020 the Andorran Social Security Fund had registered 5,870 workplace accidents, which led to 4,563 persons on sick leave from their workplace for an average of 24 days. One death was registered.

Angola

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the armed forces, police, firefighters, members of sovereign bodies, and public prosecutors 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 Attorney General’s Office, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers. 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. The law does not explicitly prohibit employer interference with union activity.

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 negotiate with their employer for at least 20 days prior to a work stoppage. 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. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Labor, and Social Security (Ministry of Labor). The law prohibits employer retribution against strikers, but it does not contain effective measures to deter such retribution. The law 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 Labor had a hotline and two service centers in Luanda for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities.

During the year there were several strikes in the public and private sector over disputes between employers and workers. There were also allegations of retribution against strikers during the year. On August 9, workers of the National Company of Electricity Distribution (ENDE) went on strike to demand better working conditions and for an increase in salary and benefits. Union delegates reported that ENDE threatened to fire workers if they joined the strike, in particular workers hired within the last two years.

The government generally did not effectively enforce 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 law and labor contracts, which are commensurate with those for other laws involving denials of civil rights, 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. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA party dominated the labor movement because of its historical close relationship with labor unions and from the strong financial base of the nation’s largest union, of which the MPLA is a part.

The government was the country’s largest employer, and the Ministry of Labor mandated government worker wages with no negotiation with the unions. In September 2020 President Joao Lourenco created an advisory body, the Economic and Social Council, with 45 members representing large sectors of the country’s society but did not include labor representatives. Public-sector labor unions used strikes and protests to advance labor rights. For example, in May a group of public-sector labor unions began a strike in four provinces to protest salaries that the unions said had remained too low for 10 years. In September the Angola Union of Justice Clerks announced a general strike over staff shortages, salary stagnation, and working conditions. After the government agreed to start negotiations with these groups, the unions called off the strikes.

On July 30, municipal and provincial judges and public prosecutors protested in Luanda and Malanje Provinces against the deterioration of working conditions and benefit cuts, including health insurance. The president of the National Union of Public Prosecutors said that although the law did not allow them to strike, they would use protests and other means to pressure the government to solve their problems.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and sets penalties commensurate with those for analogous serious crimes. The government did not effectively enforce the law due in part to an insufficient number of inspectors and to systemic corruption.

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. Forced child labor occurred (see section 7.c.).

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits the worst forms of child labor and provides for a minimum age of employment (age 14), which applies to all sectors. To obtain an employment contract, the law requires youth to submit evidence they are 14 or older. Children may work from age 14 to age 18 with parental permission, or without parental consent if they are married, and the work does not interfere with schooling or harm the physical, mental, and moral development of the minor. Children ages 14 to 16 may work no more than six hours per day or 34 hours per week; children ages 16 to 18 may work up to seven hours per day or 39 hours per week. Children are also prohibited from working between 8 p.m. and 7 a.m. and are prohibited from performing shift work. 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 Labor, Ministry of Social Assistance, Ministry of Interior, INAC, and the national police are responsible for enforcement of child labor laws.

In August the Council of Ministers approved a redesigned National Action Plan for the Eradication of Child Labor for 2021-2025 with the goal of combatting and preventing child labor through social assistance, education, victim advocacy, and finance the enforcement and prosecution of child labor.

The government did not effectively monitor the large informal sector, where most child labor occurred. Penalties were commensurate with those for analogous serious crimes. The government did not consistently enforce the law, and child labor remained a problem, especially in the informal sector. Between January and March, INAC registered more than 3,000 cases of hazardous child labor on farms involving the handling of chemicals, stones, and bricks, as well as working as street vendors and beggars, and reported the cases to law enforcement but acknowledged that the real number was likely much higher. The Ministry of Labor has oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors examined 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.

Child labor occurred in agriculture on family and commercial farms as well as in fishing, brick making, artisanal diamond mining, charcoal production, domestic labor, construction, 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 work as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits minors 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. 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 (see section 6).

The incidence of child labor increased in the southern provinces due to a severe drought. In Cunene Province, children were forced to leave school and work as herders or dig wells and fetch water. The drought and the accompanying economic devastation increased the risk of exploitation of vulnerable persons in the province; one NGO in Cunene said the drought led many boys to seek work in urban areas and led girls to engage in commercial sexual exploitation.

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 https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/ .

The labor law prohibits discrimination in employment and occupation based on race, color, sex, ethnic origin, country origin and social condition, religion, political opinion, union membership, disability, or language, and the government in general effectively enforced the law in the formal sector. The International Labor Organization, however, noted the law did not clearly define discrimination. The constitution prohibits all forms of discrimination, although it does not specifically address HIV or AIDS status, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, but gender pay disparities in the country existed. The law provides that both employers and workers are treated with respect, but there were no provisions prohibiting harassment in the workplace. There were legal restrictions on women’s employment in occupations considered dangerous, in factories, and in industries such as mining, agriculture, and energy.

The law provides working mothers nine weeks of maternity leave and four weeks of prematernity leave before childbirth and one day of leave each month in the next 15 weeks after the birth, while working fathers receive leave on the day of the child’s birth.

The government did not effectively enforce the law, although penalties, when applied, were commensurate with those for other laws related to civil rights. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. 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. In 2020 there were reports that persons with albinism experienced discrimination in employment and access to public services. In the past there were also complaints of discrimination against foreign workers. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

Wage and Hour Laws: A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns regarding 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 had not been updated since 2019. 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 does 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 Labor. The law protects 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. The Ministry of Labor 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: 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 2020 there were 1,151 labor accidents that caused the death or serious injury of workers.

Informal Sector: As much as 80 percent of the workforce was employed in the informal economy. The rate was higher in rural areas than urban areas (93 and 67 percent, respectively). Even in the country’s rapidly growing urban areas, self-employed informal workers provided essential services such as water, food, and transportation. Other common types of informal work included agriculture, commerce and trading, domestic work, security guards, and raising cattle. The government began job skills training programs to reduce informal employment, as well as efforts to reduce barriers to formalization and promote greater awareness of the advantages and protection that come with the formalization.

Government regulation and closure of market stalls during COVID-19 forced many informal workers to set up shop in the streets, apartment building entrances, or their own doorsteps to sell food, handcrafts such as leather sandals, furniture, and imported goods. Informal markets were the main source of food goods for most of the population. Informal money changers operated a parallel financial system to exchange weak local currency for dollars. This practice was not as widespread as years past due to the devaluation of the kwanza, which reduced the gap between the official and unofficial exchange rates. Some informal-sector workers joined unions, such as the National Federation of Unions of Food Industry, Commerce, and Hotels. Most workers in the informal sector were not covered by wage or occupational safety standards or social protections.

Antigua and Barbuda

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

Freedom of association and the right to collective bargaining were generally respected for Antiguan workers as well as migrant laborers. There were no reports of antiunion discrimination, nor were there any reports of violations of collective bargaining rights.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, government printing office, and port authority) must give two weeks’ notice of intent to strike. If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for any private-sector worker and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Penalties for violating labor laws range from a minor fine to two months in prison and were adequate to deter violations. The government enforced the right of association and collective bargaining. Administrative and judicial procedures, however, were often subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government reported that it did not receive any forced labor complaints during the year; however, it opened an investigation into the case of a Chinese national charged with arson as a possible forced labor case.

Media reported that Chinese national Tian Zhao Feng was arrested in June and charged with arson in the burning down of a local supermarket. Although initial media reports said that Feng’s passport was being held at the Chinese embassy, the Ministry of Labour denied this and stated Feng’s passport was in his employer’s possession. The government stated Feng had a valid work permit and was authorized to work in the country. Ministry of Labour officials stated an investigation was underway. Feng was denied bail and as of September was being held in police custody.

The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. The law prescribes penalties of 20 to 30 years’ imprisonment and significant fines.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Laws collectively prohibit the worst forms of child labor, but specific details are not in any single statute. The government enforced child labor laws effectively, and there were no reports of child labor law violations.

The law stipulates a minimum working age of 16, although work prohibitions do not apply to family businesses. In some circumstances children younger than 16 are eligible for employment with restrictions, such as not working during school hours and working a maximum number of hours. Persons younger than 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of types of hazardous work exists for the protection of those younger than 18.

The law requires the Ministry of Labour to conduct periodic inspections of workplaces. There were no reports of illegal child labor; however, there were no child labor inspections. The government said that inspections were reduced because of the COVID-19 pandemic. The law allows for a small financial penalty or three months in prison for violations; these were adequate to deter violations.

The law prohibits discrimination with respect to employment and occupation based on race, skin color, sex, age, national origin, citizenship, political beliefs, and disability. Penalties include a fine and up to 12 months in prison. The Ministry of Labour did not receive any discrimination complaints during the year.

The law does not prohibit employment discrimination based on religion, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status, but the government encouraged employers not to discriminate on these grounds.

Wage and Hour Laws: 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 Labour put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory. Penalties for illegal overtime did not always effectively deter labor violations.

Occupational Safety and Health: The law includes occupational safety and health (OSH) provisions, but some are out of date. The Ministry of Labour reported that workers were allowed to remove themselves from unsafe situations that endangered 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. Penalties for violations of OSH laws were not always commensurate with those for similar crimes, such as negligence.

Informal Sector: The government estimated that 15 percent of the workforce was in the informal sector and that the informal sector contributed 25-30 percent of economic output. Informal-sector employment is unregulated and unreported. Labor inspectors from the Ministry of Labour 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 per International Labor Organization benchmarks. No safety violations were reported. The government reported that it reduced the number of inspections and investigations to ensure the safety of the inspectors during the COVID-19 pandemic.

Argentina

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes; the government generally respected these rights. The law prohibits discrimination against unions and protects workers from dismissal, suspension, and changes in labor conditions. It also prohibits military and law enforcement personnel from forming and joining unions. The government effectively enforced the law, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Complaints of unfair labor practices can be brought before the judiciary. Violations of the law may result in a fine imposed on the employer or the relevant employers’ association, as appropriate.

The law allows unions to register without prior authorization, and registered trade union organizations may engage in certain activities to represent their members, including petitioning the government and employers. The law grants official trade union status to only one union deemed the “most representative,” defined by law as the union that has the highest average proportion of dues-paying members to number of workers represented, per industrial sector within a specific geographical region. Only unions with such official recognition receive trade union immunity from employer reprisals against their officials, are permitted to deduct union dues directly from wages, and may bargain collectively with recourse to conciliation and arbitration. The most representative union bargains on behalf of all workers in each sector, and collective agreements cover both union members and nonmembers in the sector. The law requires the Ministry of Labor, Employment, and Social Security (Ministry of Labor) to ratify collective bargaining agreements.

The Argentine Workers’ Central Union and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely International Labor Organization (ILO) Convention No. 87 on Freedom of Association and Protection of the Right to Organize, and it prevented these unions from obtaining full legal standing.

Civil servants and workers in essential services may strike only after a compulsory 15-day conciliation process, and they are subject to the condition that unspecified “minimum services” be maintained. Once the conciliation term expires, civil servants and workers in essential services must give five days’ notice to the administrative authority and the public agency against which they intend to strike. If “minimum services” are not previously defined in a collective bargaining agreement, all parties then negotiate which minimum services will continue to be provided and a schedule for their provision. The public agency, in turn, must provide clients two days’ notice of the impending strike.

Employers generally respected the right to bargain collectively and to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Despite being prohibited by law, forced labor, including forced child labor, occurred. The Ministry of Labor carried out regular inspections across the country. Efforts to hold perpetrators accountable continued. The Special Prosecutor’s Office for Human Trafficking and Exploitation continued to investigate forced labor complaints; in 2020 it reported four convictions for labor trafficking and indictments of 19 individuals.

Employers subjected a significant number of Bolivians, Paraguayans, and Peruvians, as well as Argentines from poorer northern provinces, to forced labor in the garment sector, agriculture, street vending, charcoal and brick production, construction, domestic work, and small businesses (including restaurants and supermarkets). Traffickers exploited victims from China and South Korea. Chinese citizens working in supermarkets were vulnerable to debt bondage. Traffickers compelled trafficking victims to transport drugs across the country’s borders. Men, women, and children were victims of forced labor, although victims’ typical gender and age varied by employment sector (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The minimum age for employment is 16. In rare cases labor authorities may authorize a younger child to work as part of a family unit. Children ages 16 to 18 may work in a limited number of job categories and for limited hours if they have completed compulsory schooling, which normally ends at age 18. Children younger than 18 cannot be hired to perform perilous, arduous, or unhealthy jobs. The law requires employers to provide adequate care for workers’ children during work hours to discourage child labor.

Provincial governments and the municipal government of Buenos Aires are responsible for labor law enforcement. Penalties for employing underage workers were generally sufficient to deter violations.

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. In August the Ministry of Labor’s National Program to Build Capacity of Provincial Committees for the Eradication of Child Labor continued during the year, with the goal of improving national-provincial coordination. By year’s end the ministry reported that it had provided advanced tools to combat child labor to 20 of the country’s 24 provinces.

Children were engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes because of human trafficking, including forced labor in domestic servitude, agriculture, and production of garments, and illicit activities such as the transport and sale of drugs. In 2018 the government published the final report from its 2016-17 national child labor survey. The survey found 20 percent of children in rural areas performed at least one form of labor, while 8 percent of children in urban areas did so.

Similar patterns emerged with adolescents, which the report defined as children ages 16 and 17. The report found 44 percent of adolescents in rural areas and 30 percent in urban areas engaged in at least one form of labor. Principal activities were helping in a business or office; repair or construction of homes; cutting lawns or pruning trees; caring for children, the elderly, or the infirm; helping in a workshop; making bread, sweets, or other food for sale; gathering paper, boxes, cans, and other recyclable material in the street; handing out flyers or promotional materials for a business; cleaning homes and businesses or washing and ironing clothes for others; and cultivating or harvesting agricultural products.

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

The law prohibits discrimination in employment based on race, religion, nationality, gender, physical characteristics, social or economic status, or political opinion, and the government generally enforced the law. Penalties were commensurate with laws related to civil rights. The most prevalent cases of workplace discrimination were based on disability, gender, and age. Discrimination also occurred based on HIV-positive status and against individuals of indigenous origin. Women are prohibited from working in certain industries; for example, there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous.

Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination, especially during the COVID-19 pandemic. Women held a disproportionately high proportion of low-paying, informal jobs and significantly fewer executive positions in the private sector than men, according to several studies. Although equal pay for equal work is constitutionally mandated, women earned approximately 30 percent less than men earned for equal or similar work.

Wage and Hour Laws: The minimum wage remained below the official poverty income level for a family of four, despite a 35 percent increase announced in August. 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 (OSH). 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 Ministry of Labor, through the National Work Regularization Plan, coordinates law enforcement efforts with the labor authorities at the provincial level in each of the 23 provinces and the city of Buenos Aires. The National Ministry’s labor inspection payroll had 324 staffers in 2020, a number ILO estimated insufficient for the workforce size. Inspectors have the authority to make unannounced inspections and to impose fines. Inspectors have a referral process to direct labor crimes, including child labor and forced labor, to the courts.

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 force majeure, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur. The government enforced these regulations through routine labor inspections and by investigating complaints. Violations were more common among workers in the informal sector, as registered workers often negotiated bargaining agreements through their respective unions. Penalties for violations were commensurate with similar crimes such as fraud.

Occupational Safety and Health: The Ministry of Labor has responsibility for enforcing legislation related to working conditions. The government sets 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 such as 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 the worker 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. During the first quarter of the year, the Ministry of Labor reported receipt of 110,307 occupational safety complaints related to COVID-19, especially in the manufacturing sector. As a result, the sector surpassed the traditionally more dangerous manufacturing and mining sectors in the number of complaints received.

Informal Sector: The government estimated the share of informal employment at approximately 45 percent of total employment. Domestic workers remained the most affected by the lack of social protections and enforcement of labor laws. According to some estimates from the ILO, as many as 85 percent of domestic workers were not enrolled in social security. The garment sector had high rates of informal employment, as did small businesses, farms, and construction projects. Analysts reported that the official minimum wage, which is regularly updated to keep pace with inflation, was typically used as the basis for informal-sector wages.

During a government-facilitated drive for registration in the second half of 2020, more than two million workers registered in the government’s National Registry for Workers of the Popular Economy. Registration enables workers to benefit from social programs, family subsidies, retirement contributions, coverage for work accidents, and unemployment insurance. In addition, the government began offering a variety of social protection programs for informal workers aimed at securing food nutrition for their children, subsidies for school termination, medical assistance, and monetary incentives to take occupational training. According to a recent National Registry survey, however, only 25 percent of informal sector worker were receiving these benefits.

The government also dissuaded informal employment through penalties for employers, including by limiting their access to government loans and tax exemptions.

Armenia

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law protects the right of all workers to form and to join independent unions, except for noncivilian 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 days’ 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 due to union membership. The list of justifiable grounds for firing a worker, enumerated in the labor code, does not include union activity.

On July 1, amendments to the labor code came into effect that revived the state oversight function of the Health and Labor Inspection Body (HLIB) over the full scope of labor legislation. These changes, as well as amendments to HLIB bylaws, allowed the HLIB to act upon labor law violations based on written complaints. The HLIB is required to provide prior notification to employers when conducting an inspection. To implement its new functions, the HLIB added 60 inspectors to its staff list, bringing the total number of labor inspectors to 92, of whom 50 had been hired by the end of the year.

The government did not effectively protect freedom of association and relevant laws were insufficient, although penalties for violations were commensurate with those for other denials of civil rights. Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions. Experts reported that the right to strike, although provided in the constitution, was difficult to realize due to mediation and voting requirements.

On August 20, the government issued new regulations requiring workers either to present a COVID-19 vaccination certificate or to submit the results of a PCR test every 14 days starting from October 1, and every week starting from December 1. The regulations apply to all government workers and a long list of private-sector businesses. Pregnant women and those who are unable to be vaccinated for medical reasons are exempted. Applicable employers were responsible for collection of employees’ vaccination and test records. The Confederation of Trade Unions of Armenia and Republican Union of Employers of Armenia stated that the cost of biweekly COVID-19 tests, approximately 15,000 drams ($30) per month, was a serious burden for workers. It noted the new regulations were not discussed with the Tripartite Commission, as required by the Tripartite Agreement signed in October 2020. According to other observers, the new regulation was in violation of the labor code, which mandates employers pay for any mandatory work-related medical examinations. On December 10, parliament approved legal amendments that would allow employers to dismiss their employees for failure to be vaccinated against COVID-19 or take a coronavirus test once every seven days. On December 23, the Constitutional Court ruled the formulation in the government decisions stating that the employees must pay for testing was unconstitutional but did not reject the requirement for testing. According to the government, the court’s decision did not create an obligation for the state or the employer to pay for an employee’s COVID-19 test, and unvaccinated workers would continue to have to submit weekly test results.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced and compulsory labor, although it does not define forced labor. The HLIB can detect instances of forced labor and issue fines, but law enforcement agencies are responsible for enforcing forced labor laws. The government did not effectively enforce the law. Prosecutions were not proactive and heavily relied on victim self-identification. In December the first labor-trafficking conviction occurred since 2014. Resources, inspections, and remediation were inadequate to identify forced labor cases. Penalties for labor-trafficking violations were commensurate with those for other serious crimes but were seldom applied.

In December, a 63-year-old woman received a seven-year sentence for labor trafficking (subjecting a minor to forced begging). The sentence was changed to a two-year conditional sentence due to the perpetrator’s serious health problems, her guilty plea, and her cooperation with authorities. Several investigations into additional forced labor cases were underway at year’s end. In one of the most egregious cases, in December 2020 the Investigative Committee reported a case of labor exploitation in Vardenis Neuropsychological Retirement Home. According to the Investigative Committee, a retirement home staffer had exploited a 70-year-old resident with cognitive problems to work as a salesperson in a grocery shop opened by the official at the retirement home. The victim had worked there unpaid five days a week for seven and one-half hours each day without breaks for 16 years. As of the end of the year, the trial continued in Martuni.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits all of the worst forms of child labor. In most cases the minimum age for employment is 16, but children may work from age 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 laws. Despite HLIB outreach in 2020 to educate supermarket chains regarding child labor regulations, on December 25, Hetq media reported on its investigation of large Yerevan supermarket chains Evrika, Yerevan City, Nor Zov, and SAS, which found stores that did not follow labor code requirements for minors, including minors ages 14 to 17 working in excess of 40 hours per week. Penalties for violations were commensurate with those for other serious crimes but did not compel compliance. The absence of unannounced inspections impeded the enforcement of child labor laws, although the HLIB conducted announced inspections related to the protection of the labor rights of minors.

Children younger than 14 worked in a variety of areas, including agriculture, construction, and begging. Children living in rural areas were more vulnerable to forced labor in the agricultural sector. In addition, while the government made an effort to reduce institutionalization of children with disabilities, those living in institutions were more vulnerable to being exploited for labor.

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

The constitution and the labor code prohibit 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 applicable laws, and there were no effective legal mechanisms to implement applicable regulations. 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 statistics on the scale of such discrimination. Penalties for violations were not commensurate with those for violations of similar laws involving the denial of civil rights.

Women generally did not have the same professional opportunities or wages as men, and employers often relegated them to more menial or lower-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. The International Monetary Fund cited the gender pay gap in the country as being strikingly large. A study by Marjan Petreski and the Statistical Committee of Armenia published by UN Women in 2020 estimated the residual gender pay gap (after adjustments for hours worked and personal and job characteristics) at approximately 10 percent, a number that reflected labor-market discrimination and unobservable factors. The top 1 percent of earners additionally faced a gender pay gap of approximately 19 percent. According to a 2019 Asian Development Bank report, the labor force participation rate was lower for women than men, and women were more likely to work in part-time positions. The report also stated that occupational stereotypes limited women’s choices, and more than 60 percent of women worked in just three sectors: agriculture, education, and health. Women were underrepresented in management positions, and only one in five small or medium-sized enterprises had a female owner.

Many employers reportedly practiced 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 the problem. While there was little awareness of and no comprehensive reporting to indicate the scale of sexual harassment in the workplace, media reports suggested such abuse was common. 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. LGBTQI+ persons, persons with disabilities, and pregnant women also faced employment discrimination. Religious minorities reportedly also faced discrimination in public employment.

Wage and Hour Laws: 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 HLIB was responsible for the enforcement of wage and work hour laws. The number of labor inspectors was sufficient to enforce compliance, according to International Labor Organization recommendations. The inspectors could initiate sanctions but could not make unannounced inspections. Authorities did not effectively enforce labor standards in either the formal or informal sectors. Penalties for violations of wage and hour laws were commensurate with those for other similar crimes, but still less costly for employers than abiding by the law in some cases. The newness of labor inspections, together with the lack of independent trade unions, continued to leave workers’ rights largely unprotected. Nonetheless, according to the HLIB, the fact that many of the labor-related complaints were resolved by employers without waiting for the HLIB’s ruling attested to some improvement in the area as well as to the 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.

According to an interview with the head of the HLIB broadcast in July, the majority of complaints conveyed to the agency referred to nonpayment of wages and failure to pay wages within the timeframe required under the law.

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.

On June 22, Hetq’s Mediafactory project published an article on the neglected rights of waiters, based on interviews with 30 current and former waiters. The article revealed recurring labor abuses, including long hours without overtime or proper breaks, a system of financial fines for any perceived or actual violation of rules, absence of signed contracts or unavailability of the copy of the contract, no provisions for vacation or paid vacation, and minimal pay or no pay, with income from tips at times unfairly distributed among waiters in an establishment. On December 25, Hetq published the results of a Mediafactory investigation into large Yerevan supermarket chains, in which reporters took jobs at stores run by the Evrika, Yerevan City, Nor Zovk, and SAS chains. They found numerous labor violations, including a lack of written contracts or the inability of workers to read or have a copy of the contract; a lack of required work breaks; fines on workers for perceived faults such as talking to other workers, being late, not wearing makeup, sitting down, or customers’ discovery of expired products; and failure to pay overtime or holiday pay.

The OSCE/ODIHR observation mission to the June parliamentary elections as well as local monitors noted incidents of pressure by political actors and employers on both private-sector and public employees to attend campaign events. Some of the country’s major employers, such as Gazprom Armenia, Electric Networks of Armenia, and Zangezur Copper and Molybdenum Combine, were implicated, as well as a number of municipal governments and subordinate structures. According to several civil society representatives, some employers threatened to dismiss employees for noncompliance. On June 18, the SIS arrested Armen Charchyan, director of the Izmirlian medical center and a candidate from the opposition Armenia Alliance, on charges of obstructing the exercise of a voter’s free will, after a recording was leaked in which Charchyan pushed his employees to participate in the elections with the alleged implication that they should vote for the Armenia Alliance.

Occupational Safety and Health: The government established occupational and health standards by decree, although safety and health conditions remained substandard in numerous sectors. For example, in the agricultural sector heat and the use of pesticides are unaddressed. In 2020 the government reported 24 workplace accidents that had resulted in injuries and three that resulted in deaths. As of October the HLIB reported six deaths in the mining and manufacturing sectors as well as in the electric industry. The Investigative Committee reported that it had launched 18 criminal cases in the construction, energy, mining, and service industries as of October, of which two were dropped due to the lack of a crime, and seven because the perpetrator could not have known his or her actions were dangerous. Given high unemployment in the country, workers generally did not remove themselves from situations that endangered their health or safety and were unlikely to report violations of their rights.

During the year the HLIB, which has authority over occupational safety and health laws, continued to conduct preplanned inspections for sanitary-epidemiological safety, health care and services, and pharmaceuticals as well as for worker occupational safety and health. The HLIB also conducted inspections in the mining sector, which it assessed as high risk for violations.

The government did not effectively enforce occupational safety and health laws, although penalties were commensurate to those for similar crimes.

In June 2020 the Ombudsperson’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 owed 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 Ombudsperson’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. The NGO Helsinki Citizens Assembly Vanadzor, in a report released in June 2020, noted similar problems based on its monitoring of the labor rights situation in 2019.

Informal Sector: 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. Informal-sector workers were covered by wage, hour, and occupational safety and health laws; however, they were not covered by inspections. 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 tax authorities led to a notable increase in the number of officially registered employees in the country. The COVID-19 pandemic spotlighted the problem of informal employment. While 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.

Australia

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and associate freely domestically and internationally, to bargain collectively, and to conduct strikes under certain conditions. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

The law requires that employers act in “good faith” when most employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee. Furthermore, the law prohibits multienterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multienterprise bargaining. When deciding whether to grant a low-paid authorization and the right to multienterprise collective bargaining, the Fair Work Commission looks at factors including the terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation. The law provides for “protected action” and grants employers, employees, and unions legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of a collective bargaining agreement and prohibits sympathy strikes.

The law permits the government to stop strikes judged to have caused “significant economic harm” to the employer or third parties. Some jurisdictions have further restrictions. For example, in New South Wales, the state government may cancel a union’s registration if the government proclaims a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

The government effectively enforced applicable laws. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were commensurate with those for other laws involving denials of civil rights, such as discrimination. The Fair Work Commission is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the commission to arbitrate the dispute, or the applicant may pursue a ruling by a federal court. Procedures were not subject to lengthy delays or appeals.

Unions reported concerns that the scope of collective bargaining had narrowed in recent years, including through decisions by the Fair Work Commission. Over the last few years, the number of industrial disputes (a category that includes strikes) has declined.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by migrant workers. Penalties were commensurate with those for analogous serious crimes, such as kidnapping. Companies of a certain size must file annual statements identifying risks for modern slavery in their supply chains and efforts to address those risks.

The government effectively enforced applicable labor laws. Suspected crimes of forced labor and other forms of criminal labor exploitation in the Commonwealth Criminal Code Act 1995 are investigated by the Australian Federal Police and can result in prosecution by the Office of the Director of Commonwealth Prosecutions and criminal penalties. In June a Sydney court convicted a couple of keeping a woman in forced labor at their home and business for more than three years. One defendant was sentenced to three years’ and three months’ imprisonment and ordered to pay the victim more than AU$45,000 ($34,000) in reparations. The second defendant was sentenced to two and one-half years, including one year of home detention and 500 hours of community service. and the defendant was ordered to pay the victim more than AU$25,000 ($19,000) in reparations. In July a Melbourne court convicted a couple for keeping a woman in forced labor at their home for nearly nine years and sentenced the defendants to six and eight years of imprisonment respectively. Some foreign nationals who came to the country for temporary work were subjected to forced labor in sectors such as agriculture, cleaning, construction, and domestic service.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Not all the worst forms of child labor are prohibited. Not all state and territorial jurisdictions prohibit the use, procuring, or offering of a child younger than age 18 for certain illicit activities. There is no federally mandated minimum age of employment. In Victoria the minimum age of employment is 15 (with exceptions for children working in a family business or in the entertainment industry, both of which do not have minimum ages of employment). Children are not permitted to work during school hours in any state or territory. States and territories have established 18 years as the minimum age for hazardous work.

There are laws and regulations pertaining to hazardous work across sectors. For example, under the law in Western Australia, an underground worker may not be younger than age 18 unless he or she is an apprentice or a cadet working underground to gain required experience; a person handling, charging, or firing explosives may not be younger than age 18; and a person younger than 21 may not obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations were commensurate with those for analogous serious crimes, such as kidnapping.

The Office of the Fair Work Ombudsman actively sought to educate young workers about their rights and responsibilities. Compulsory educational requirements effectively prevented most children from joining the workforce full-time until they were age 17. Although some violations of these laws occurred, there was no indication of a child labor problem in any specific sector. There were some reports of commercial sexual exploitation of children (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  for information on the territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

The law prohibits discrimination based on race, religion, national origin, color, sex, ethnicity, disability, age, sexual orientation or gender identity, HIV/AIDS status, or refugee or stateless status. Federal, state, and territory laws provide for protections against employment discrimination.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for its recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination and penalties were commensurate with laws related to civil rights, such as election interference; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 14 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

In 2019-20, the latest year for which such data were available, approximately 20 percent of the complaints about disability discrimination received by the Human Rights Commission were related to employment.

Wage and Hour Laws: For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income. Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts.

By law maximum weekly hours are 38 plus “reasonable” additional hours, which, by law, must consider 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.”

Occupational Safety and Health: 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.

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 August 19, 73 workers died while working. Of these fatalities, 28 were in the transport, postal, and warehousing sectors; 11 in construction; eight in manufacturing; and seven in the agriculture, forestry and fishing sectors.

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.

Austria

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, and resources, inspections, and remediation were adequate. Labor inspectors and revenue authorities conducted routine site visits to identify forced labor. The government initiated forced labor awareness campaigns and workshops. Penalties ranged from six months to five years imprisonment for offenses involving an adult victim and from one to 10 years’ imprisonment for those involving a child victim and were commensurate with those for similar crimes.

NGOs noticed an upward trend in labor trafficking in recent years due to organized crime in Eastern Europe. Traffickers were reported to exploit men and women from Eastern Europe, Southeast Asia, and China in forced labor, primarily in restaurants, construction, agriculture, health care, and domestic service, including in diplomatic households. Seasonal migrants were especially vulnerable to labor trafficking, particularly during the harvest seasons. Traffickers exploited children, persons with physical and mental disabilities, and Roma in forced begging.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits all the worst forms of child labor. The minimum legal working age is 15, with the exception that children who are at least 13 may engage in certain forms of light work on family farms or businesses. Children who are 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but they are subject to additional restrictions on hazardous forms of work or work that is detrimental to ethics and morals. Restrictions for hazardous jobs include work with materials considered dangerous for children, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

The labor inspectorate of the Ministry of Labor is responsible for enforcing child labor laws and policies in the workplace and did so through regular and thorough checks of workplaces and special youth advisors in companies. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were commensurate with those for other analogous crimes.

Child labor occurred. Children were trafficked to the country and subjected to forced begging and occasionally sexual exploitation. Forced labor or exploitation of minors is treated under the criminal code as trafficking in persons, with criminal penalties of one to 10 years in prison, double the penalty for forced labor or exploitation of adults.

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation, gender identity, HIV-positive (or other communicable disease) status, religion, age, or world view. The law does not address national origin. The government effectively enforced these laws and regulations. Penalties for violations were commensurate with laws relating to civil rights.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. Muslim women wearing headscarves sometimes encountered discrimination when trying to obtain a retail or customer service position. Companies sometimes preferred to pay a fine rather than hire a person with a disability.

The law requires equal pay for equal work, but women occasionally experienced discrimination in remuneration. Persons with disabilities had difficulty accessing the workplace. Women employees in the private sector may invoke laws prohibiting discrimination against women by filing a court case or registering a complaint with the Federal Equality Commission, which can award the equivalent of up to four months’ salary to women found to have experienced gender discrimination in promotion, despite being better qualified than their competitors. The courts may also order compensation for women denied a post despite having equal qualifications.

Wage and Hour Laws: 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. 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.

Sectors with immigrant and migrant workers were particularly affected by violations in wage and hour regulations. Foreign workers in both the formal and informal sectors made up 19 percent of the country’s workforce. They constituted 20 percent of officially employed persons and 35 percent of unemployed persons. There were concerns that some migrant workers, especially those in the childcare industry, were misclassified as independent contractors instead of employees. Consequently, these workers did not have access to social safety net benefits, such as unemployment insurance, as well as other benefits, such as paid leave.

Occupational Safety and Health: The labor inspectorate effectively enforced mandatory occupational safety and health 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.

In 2020 a total of 113 workers died in industrial accidents, down from 126 in 2019. Hazardous sectors where the most accidents occurred include construction, agriculture, and forestry.

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 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.

Informal Sector: Authorities did not effectively enforce wage, hour, and occupational safety and health standards in the informal sector. Workers in the small informal economy generally did not benefit from social protections. Workers generally had to pay into the system to receive health-care benefits, unemployment insurance, and pensions, and such payments were rare in the informal sector. Economists estimated the size of the country’s informal sector at approximately 7 percent of GDP.

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The Lessons of 1989: Freedom and Our Future