Brunei

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, but it does not provide for collective bargaining and prohibits strikes. The law prohibits employers from discriminating against workers in connection with union activities, but it does not provide for reinstatement for dismissal related to union activity.

By law unions must register with the government under the same process and are subject to the same laws as other organizations (see section 2.b., Freedom of Association). While the law permits the formation of trade-union federations for most professions, it forbids affiliation with international labor organizations unless the minister of home affairs and the ministry’s Department of Labor consent. The law requires officers of trade unions to be “bona fide” (without explanation), which has been interpreted to allow authorities broad discretion to reject officers and require that such officers have been employed in the trade for a minimum of two years.

Penalties for violating laws on unions include fines, imprisonment, or both. Penalties were sufficient to deter violations. The government did effectively enforce the law.

There were no active unions or worker organizations in the country. NGOs were involved in labor issues, such as wages, contracts, and working conditions. These NGOs largely operated openly in cooperation with relevant government agencies, but they reported avoiding confrontation with the government and engaged in self-censorship.

The law prohibits all forms of forced or compulsory labor, although the government did not always effectively enforce the law, and forced labor occurred. Convictions for forced labor could lead to penalties including fines, imprisonment, and caning, but most cases alleging forced labor were settled out of court. Penalties were seldom applied and thus did not deter violations. In August the government enacted the Antitrafficking in Persons (TIP) Order of 2019 and a separate law, the Prevention of People Smuggling Order of 2019, covering human smuggling. The two laws replaced a single law covering both offenses and provided the legislative basis for formalizing the country’s interagency antitrafficking committee, among other steps to enhance the government’s efforts to combat TIP. The government subsequently formalized the interagency committee under the Prime Minister’s Office, from which it coordinated the government’s efforts to counter human trafficking.

The government did not effectively enforce the law against forced labor. The government did not investigate any cases of debt bondage or forced labor that were either compelled by threats of deportation or due to other circumstances, although these practices continued to occur. The heads of specialist trafficking units within the police department continued to meet regularly to coordinate antitrafficking policy and implement the national action plan to combat trafficking, including for forced labor.

Some of the approximately 100,000 foreign migrant workers in the country faced involuntary servitude, debt bondage, nonpayment of wages, passport confiscation, abusive employers, or confinement to the home. Although it is illegal for employers to withhold wages, some employers, notably of domestic and construction workers, did so to recoup labor-broker or recruitment fees or to compel continued service.

Although the government forbade wage deductions by employers to repay in-country agencies or sponsors and mandated that employees receive their full salaries, many migrant workers arrived in debt bondage to actors outside the country. Media reports indicated that widespread fraud in work-visa issuance made many migrant workers–particularly an estimated 20,000 Bangladeshi nationals working mostly in the construction industry–vulnerable to exploitation and trafficking. Three local women were charged in November for providing false information to the Department of Immigration and National Registration (DINR) on foreign workers’ visa applications. The accused allegedly submitted applications for foreign workers claiming that the workers would have jobs with a specific company in Brunei, but the jobs did not actually exist. Under the law the charges carry a maximum sentence of seven years in prison and a fine of up to BND 30,000 ($22,000). During a surprise inspection of the immigration and labor departments in October, the sultan chastised officials for allowing widespread abuse of work-visa procedures and attributed these practices to laziness, lack of focus, and corruption, which he said “taint government management and administration.”

Although prohibited by law, retention of migrant workers’ travel documents by employers or agencies remained a common practice.

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

Various laws prohibit the employment of children younger than 16. Parental consent and approval by the Labor Commission are required in order for those younger than 18 to work. Female workers younger than 18 may not work at night or on offshore oil platforms.

The law does not prohibit all of the worst forms of child labor. The use, procuring, or offering of a child for the production of pornography or pornographic performances is not specifically prohibited. The law on procuring or offering children younger than 18 for prostitution or illicit intercourse refers only to girls and not to boys.

The Department of Labor, which is part of the Ministry of Home Affairs, effectively enforced child labor laws. Penalties for child labor violations include a fine, imprisonment, or both, and were sufficient to deter violations. There was no list of hazardous occupations prohibited for children. There is also no list of types of light work activities legal for children ages 14 to 16.

d. Discrimination with Respect to Employment and Occupation

The law does not explicitly prohibit discrimination with respect to employment and occupation. There is no law requiring equal pay for equal work. The law limits employment in certain government positions and the military based on ethnic origin (see section 6).

The law restricts women from serving in certain military combat roles, such as infantry. Reflecting government policy, most public and many private employers showed hiring biases against foreign workers, particularly in key sectors such as oil and gas. Some LGBTI job applicants faced discrimination and were often asked directly about their sexual identity. Many foreign workers had their wages established based on national origin, with those from certain foreign countries receiving lower wages than others.

The law does not set a minimum wage for the private sector. Wages were set by contract between the employee and employer and were sometimes calculated based on national origin.

The standard work week for most government agencies and many private companies is Monday through Thursday and Saturday. The law provides for overtime in excess of 48 hours per week. The law also stipulates an employee may not work more than 72 hours of overtime per month. Government regulations establish and identify occupational health and safety standards. Individuals were encouraged to report violations of health and safety standards, but the law does not explicitly protect the right to remove oneself from a hazardous workplace.

The Department of Labor inspected working conditions both on a routine basis and in response to complaints. The number of labor inspectors in the department was adequate to conduct mandated inspections, but inspectors failed to enforce compliance effectively with some aspects of the law and failed to bring charges against some employers who violated the law. The focus was primarily on undocumented foreign workers rather than worker protection. The department has the power to terminate the licenses of abusive employers and revoke their foreign labor quotas, and it did so occasionally.

Employers who violate laws regarding conditions of service, including pay, working hours, leave, and holidays, may be fined for a first offense and, for further offenses, be fined, imprisoned, or both. Penalties for violations of wage, hour, and health and safety standards were not sufficient to deter violations.

The commissioner of the Department of Labor is responsible for protecting workers’ rights. Foreign laborers (predominantly Filipinos, Indonesians, and Bangladeshis) dominated most low-wage professions, such as domestic service, construction, maintenance, retail, and food service, in which violations of wage, overtime, and health and safety regulations most frequently occurred.

The government prosecuted some employers who employed undocumented foreign workers or did not properly process workers’ documents. When grievances cannot be resolved, regulations require employers to pay for the repatriation of foreign workers and all outstanding wages.

Government enforcement in sectors employing low-skilled labor in small-scale construction or maintenance projects was inadequate. This was especially true for foreign laborers at construction sites, where complaints of wage arrears, inadequate safety, and poor, unsafe living conditions were reported. The government did not sufficiently enforce laws on working hours.

Many employed citizens received good salaries with numerous allowances, but complaints about low wages were common, especially in entry-level positions. The government found that local employees in the private sector had an average monthly compensation of BND 2,260 ($1,670), compared with BND 1,570 ($1,160) for foreign workers. Wages for employed foreign residents varied widely.

There were some reports of industrial accidents during the year, most commonly in the construction sector, where the labor force was overwhelmingly foreign, and the oil and gas industry. According to the government’s Safety, Health and Environment National Authority (SHENA), there were five work-related fatalities during the year compared with eight in 2018.

Bulgaria

Section 7. Worker Rights

The law provides for the right of workers to form and join independent labor unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, provides for workers to receive up to six months’ salary as compensation for illegal dismissal, and provides for the right of the employee to demand reinstatement for such dismissal. Workers alleging discrimination based on union affiliation can file complaints with the Commission for Protection Against Discrimination. According to the Confederation of Independent Trade Unions, despite the constitutional recognition of the right of association, the law did not provide for it, which prevented parties to a dispute from seeking redress in administrative court.

There are some limitations on these rights. The law prohibits Interior Ministry judicial system unions from membership in national union federations. When employers and labor unions reach a collective agreement at the sector level, they must obtain the agreement of the minister of labor to extend it to cover all enterprises in the sector. The law prohibits most public servants from engaging in collective bargaining. The law also prohibits employees of the Ministries of Defense and Interior, the State Agency for Intelligence, the National Protection Service, the courts, and prosecutorial and investigative authorities from striking. Those employees are able to take the government to court to provide due process in protecting their rights.

The law gives the right to strike to other public service employees, except for senior public servants, such as directors and chief secretaries. The law also limits the ability of transport workers to organize their administrative activities and formulate their programs. Labor unions stated that the legal limitations on the right to strike and the lack of criminal liability for employers who abuse their workers’ right of association are contrary to the constitution.

Authorities did not always respect freedom of association and the right to bargain collectively. Labor unions continued to report cases of employer obstruction, harassment, and intimidation of employees, including relocation, firing, and demotion of union leaders and members. Labor unions also alleged that some employers obstructed negotiations or refused to bargain in good faith or adhere to agreements. According to labor unions, health-care employers did not adhere to the 2018 collective bargaining agreement, which provides minimum salary rates. In August the Acibadem City Clinic, Tokuda Hospital in Sofia, fired nurse Maya Ilieva, a union leader at the hospital, who led a series of protests complaining of low pay and difficult working conditions. According to Ilieva, the union federation colluded with hospital management, refusing to support her against her dismissal.

The government did not effectively enforce the labor law, and penalties were generally insufficient to deter violations. The law does not effectively protect against interference by employers in labor union activities. In its annual labor rights report issued in April, the Confederation of Independent Trade Unions of Bulgaria stated that authorities often covered up violations of the right of association and presented them as labor disputes.

Judicial and administrative procedures were adequate in settling claims. The Confederation of Independent Trade Unions of Bulgaria reported that employers broke the law and eroded the value of collective bargaining by letting nonunion members take advantage of the provisions in the collective agreement.

There were some reports of families or criminal organizations subjecting children to forced work (see section 7.c.). According to the EU Agency for Fundamental Rights, “children and adults with disabilities are forced into street begging and petty theft.” As of October authorities registered 56 cases of trafficking in persons for the purpose of labor exploitation, noting a significant increase from 2017. NGOs claimed government mechanisms for identifying victims among at-risk groups, such as asylum seekers, were not sufficiently robust.

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

Employment of children without a work permit is a criminal offense. Penalties were generally sufficient to deter violations, but children living in vulnerable situations, particularly Romani children, were exposed to harmful and exploitative work in the informal economy, mainly in agriculture, tourism, retail, and domestic work.

The law sets the minimum age for employment at 16 and the minimum age for dangerous work at 18. The government considered occupations hazardous for children if they are beyond their physical or psychological abilities, expose them to harmful agents or radiation, have a harmful effect on their health, take place in conditions of extreme temperature, noise, or vibration, or expose children to hazards that they cannot comprehend or avoid due to their incomplete physical or psychological development. To employ children younger than 18, employers must obtain a work permit from the government’s General Labor Inspectorate. Employers can hire children younger than 16 with special permits for light work that is not risky or harmful to the child’s development and does not interfere with the child’s education or training. The General Labor Inspectorate was generally effective in inspecting working conditions at companies seeking and holding child work permits and applying sanctions regarding child labor in the formal sector. The inspectorate reported a 62 percent increase in legal child employment, mainly due to a lack of better-qualified workers and an increase in job openings in the tourist industry. In 2018 the inspectorate uncovered 116 cases of child employment without prior permission.

The government continued programs to eliminate the worst forms of child labor, mounted educational campaigns, and intervened to protect, withdraw, rehabilitate, and reintegrate children engaged in the worst forms of child labor.

NGOs continued to report the exploitation of children in certain industries (particularly small family-owned shops, textile production, restaurants, construction businesses, and periodical sales) and by organized crime (notably for prostitution, pickpocketing, and the distribution of narcotics).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation with regard to nationality, ethnicity, sex, sexual orientation, race, color, age, social origin, language, political and religious beliefs, membership in labor unions and civil society organizations, family and marital status, and mental or physical disabilities. Although the government usually effectively enforced these laws, discrimination in employment and occupation occurred across all sectors of the economy with respect to gender, sexual orientation, disability, and minority status. According to the Commission for Protection against Discrimination, the majority of discrimination complaints received during the year related to employment, predominantly concerning persons with disabilities. The commission cited cases in which employers changed their attitude towards an employee with a disability, resorting to workplace harassment, pushing the employee to quit, and intentionally creating mobility obstacles.

The government funded programs to encourage employers to overcome stereotypes and prejudice when hiring members of disadvantaged groups such as persons with disabilities.

The law requires the Interior Ministry, the State Agency for National Security, and the State Agency for Technical Operations to allot 1 percent of their public administration positions to persons with disabilities. Enforcement was poor, however, and the agencies were not motivated to hire persons with disabilities, citing inaccessible infrastructure, lack of sufficient funding for modifying workplaces, and poor qualifications by the applicants. The Center for Independent Living and other NGOs criticized the system of evaluating persons with disabilities based on the degree of their lost ability to work, which effectively prevented many persons with disabilities who were able to work from having a job.

The law requires equal pay for equal work. In July the Council of Ministers reported that men received 13.6 percent more pay than women for work in the same position. According to the Commission for Protection Against Discrimination, there were twice as many men as women with well-paid jobs and women were more frequently subjected to workplace discrimination than men. As a result of the gender pay gap, according to the National Social Security Institute, women received 38 percent lower pensions.

Workplace discrimination against minorities continued to be a problem. Locating work was more difficult for Roma due to general public mistrust, coupled with the Roma’s low average level of education. According to the National Statistical Institute, 68.3 percent of Roma lived in poverty, compared with 31.6 percent of Turks and 15.6 percent of ethnic Bulgarians.

The national minimum wage was lower than the government’s official poverty line. In November the Confederation of Independent Trade Unions of Bulgaria reported that 72.5 percent of households lived below the poverty line.

In 2018 the General Labor Inspectorate reported that the cases of unpaid wages declined by 1 percent, compared with the previous year. According to the Confederation of Independent Trade Unions of Bulgaria, the small decline reflected the ineffectiveness of 2018 changes in the law that gave the General Labor Inspectorate authority to initiate bankruptcy proceedings against employers who owed more than two months’ wages to at least one-third of their employees for three years.

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

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

The Ministry of Labor and Social Policy is responsible for enforcing both the minimum wage and the standard work week. The General Labor Inspectorate had a sufficient number of inspectors to enforce wage and hour laws, and penalties were generally sufficient to deter violations.

Each year the government adopts a program that outlines its goals and priorities for occupational safety and health. The General Labor Inspectorate, which had 28 regional offices, is responsible for monitoring and enforcing occupational safety and health requirements. Of the violations identified by the inspectorate, less than 50 percent involved safety and health requirements. According to the labor inspectorate, its activity over the past several years had increased compliance, with 97 percent of inspected companies in compliance with occupational safety and health requirements, demonstrating that penalties were sufficient to deter violations.

Legal protections and government inspections did not cover informal workers in the gray-market economy, which, according to the International Labor Organization, involved 15.9 percent of the country’s workforce. The government, employer organizations, and labor unions agreed that the gray economy had continued to shrink over the previous four years. In June the Confederation of Independent Trade Unions of Bulgaria called for legal protections for whistleblowers providing information about employers that evade paying taxes and social security.

Conditions in sectors such as construction, mining, chemicals, and transportation continued to pose risks for workers. The number of work-related accidents registered in the first six months of the year decreased by almost 10 percent over the same period the previous year. Land transportation violations were the most common causes of occupational accidents. The government strictly enforced the law requiring companies to conduct occupational health and safety risk assessments and to adopt measures to eliminate or reduce any identified risks. Approximately 95 percent of the companies inspected in 2018 had such risk assessments, and 98 percent of them had programs for elimination of the identified risks.

There were 33 work-related deaths as of July, mainly in the construction and transportation sectors.

Burma

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law permits labor organizations to demand the reinstatement of workers dismissed for union activity, but it does not explicitly prohibit antiunion discrimination in the form of demotions or mandatory transfers, nor does it offer protection for workers seeking to form a union. The law does not provide adequate protection for workers from dismissal before a union is officially registered.

Laws prohibit civil servants and personnel of the security services and police from forming unions. The law permits workers to join unions only within their category of trade or activity, and the definition of trade or activity lacks clarity. Basic labor organizations must have a minimum of 30 workers and register through township registrars with the Chief Registrar’s Office of the Ministry of Labor, Immigration, and Population (Ministry of Labor). Township labor organizations require a minimum of 10 percent of relevant basic labor organizations to register; regional or state labor organizations require a minimum of 10 percent of relevant township labor organizations. Each of these higher-level unions must include only organizations within the same trade or activity. Similarly, federations and confederations also require a minimum number of regional or state labor organizations (10 percent and 20 percent, respectively) from the next lower level in order to register formally. The law permits labor federations and confederations to affiliate with international union federations and confederations.

The law provides for voluntary registration for local NGOs, including NGOs working on labor issues. Organizations that choose to register are required to send organizational bylaws and formation documents to the government. Broader restrictions on freedom of assembly remained in place (see section 2.b.).

The law gives unions the right to represent workers, to negotiate and bargain collectively with employers, and to send representatives to a conciliation body or conciliation tribunal. Union leaders’ rights to organize, however, are only protected after the official registration of the union. The law does not contain detailed measures regarding management of the bargaining process, such as requiring bargaining to be in good faith or setting parameters for bargaining or the registration, extension, or enforcement of collective agreements. The National Tripartite Dialogue Forum (NTDF), with representatives from government, business, and labor unions, met three times during the year. The NTDF consults with parliament on revising legislation on labor.

The law stipulates that disputes in special economic zones be settled in accordance with original contracts and existing laws. The government appointed a labor inspector for each such zone and established zonal tripartite committees responsible for setting wage levels and monitoring the ratio of local and foreign labor.

In May parliament passed an amended law on the settlement of labor disputes; however, the implementing regulations remained under draft. The law continues to provide the right to strike in most sectors, with a majority vote by workers, permission of the relevant labor federations, and detailed information and three days’ advance notice provided to the employer and the relevant conciliation body. The law does not permit strikes or lockouts in essential services. For “public utility services” (including transportation; cargo and freight; postal; sanitation; information, communication, and technology; energy; petroleum; and financial sectors), lockouts are permitted with a minimum of 14 days’ notice provided to the relevant labor organizations and conciliation body. Strikes in public utility services require generally the same measures as in other sectors, but with 14 days’ advance notice and negotiation between workers and management before the strike takes place to determine maintenance of minimum service levels. The law prohibits strikes addressing problems not directly relevant to labor issues.

The amended law no longer defines complaints as “individual” or “collective,” but as “rights-based” or “benefits-based.” A “rights-based” dispute includes violations of labor laws, whereas a “benefits-based” dispute pertains to working conditions. The type of dispute determines the settlement procedure. Under the amended law, “rights-based” disputes do not go through a conciliation process or an arbitration proceeding, but go directly to court proceedings. The amended law significantly increases fines for labor violations, but it eliminates prison terms as punishment for violations.

Labor groups continued to report labor organizations’ inability to register at the national level, a prerequisite for entering labor framework agreements with multinational companies, due to the registration requirements under the law. In addition, the International Labor Organization (ILO), labor activists, and media outlets continued to report employers firing or engaging in other forms of reprisal against workers who formed or joined labor unions. Trade unions reported cases in which criminal charges were filed against workers for exercising their right to strike, and trade union members were arrested and charged with violating peaceful assembly laws when holding demonstrations regarding labor rights generally. Labor organizations also reported that local labor offices imposed unnecessary bureaucratic requirements for union registration that were inconsistent with the law.

Workers and workers’ organizations continued to report they generally found the Ministry of Labor to be helpful in urging employers to negotiate, but there were consistent reports of employers engaging in forms of antiunion discrimination.

Laws nominally prohibit all forms of forced or compulsory labor, although it is allowed for use by the military and in penal institutions. Laws also provide for the punishment of persons who impose forced labor on others. The government did not effectively enforce the law.

The law provides for criminal penalties for forced labor violations; penalties differ depending on whether the military, the government, or a private citizen committed the violation. The penalties are insufficient to deter forced labor.

The government established an interim complaints mechanism under the authority of the President’s Office with the aim of having a more fully developed mechanism at a later date. The ILO and unions expressed concerns that the government’s mechanism does not provide for protections for victims.

The ILO reported the number of complaints of forced labor was decreasing. Reports of forced labor occurred across the country, including in conflict and cease-fire areas, and the prevalence was higher in states with significant armed conflict.

The military’s use of forced labor in Rakhine, Kachin, and Shan States remained a significant problem, according to the ILO. Forced labor reports included forced portering and activities related to the military’s “self-reliance” policy. Under this policy, military units are responsible for procuring their own food and labor supplies from local villagers–a major factor contributing to forced labor and other abuses.

Although the military and the government received complaints logged by the complaints mechanism, no military perpetrators have been tried in civilian court; the military asserted that commissioners and other ranks were subjected to military justice.

Prisoners in the country’s 48 labor camps engaged in forced labor (see section 1.c., Prison and Detention Center Conditions).

The ILO did not receive any verified reports of forced labor in the private sector. Domestic workers remain at risk of domestic slavery.

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 all of the worst forms of child labor. In July parliament passed the Child Rights Law, which set the minimum age at 14 for work in certain sectors, including shops, establishments, and factories; the law establishes special provisions for “youth employment” for those older than 14. There is, however, no minimum age for work for all sectors in which children were employed, including agriculture and informal work. Some sector-specific laws identify activities that are prohibited for children younger than 18. The law prohibits employees younger than 16 from working in a hazardous environment, and the government has prepared a hazardous work list enumerating occupations in which child labor is specifically prohibited.

Trained inspectors from the Factories and General Labor Laws Inspection Department monitored the application of these regulations, but their legal authority only extends to factories. In addition, inspectors were hindered by a general lack of resources.

The Ministry of Labor worked with other ministries to collect better data on existing child labor and continued a campaign directed at parents to raise awareness of the risks of child labor and provide information on other education options available to children. The Ministry of Labor engaged with the Ministry of Education on two programs: one to bring children out of the workplace and put them in school, the other to support former child soldiers’ pursuit of classroom education or vocational training. The Labor Ministry supported vocational schools to train young workers for jobs in nonhazardous environments.

The ILO noted the widespread mobilization and recruitment of children for use in armed conflict. Penalties under the law and their enforcement for other child labor violations were insufficient to deter violations.

The government did not effectively enforce the law. Child labor remained prevalent and highly visible. Children were at high risk, with poverty leading some parents to remove them from schools before completion of compulsory education. In cities children worked mostly as street vendors or refuse collectors, as restaurant and teashop attendants, and as domestic workers. Children also worked in the production of garments.

Children often worked in the informal economy, in some instances exposing them to drugs and petty crime, risk of arrest, commercial sexual exploitation, and HIV/AIDS and other sexually transmitted infections (also see section 6).

Children were vulnerable to forced labor in teashops, agriculture, and begging. In rural areas children routinely worked in family agricultural activities, occasionally in situations of forced labor.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor report 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 .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not specifically prohibit employment discrimination.

Women remained underrepresented in most traditionally male-dominated occupations (mining, forestry, carpentry, masonry, and fishing) and were effectively barred from certain professions.

There were reports government and private actors practiced anti-Muslim discrimination that impeded Muslim-owned businesses’ operations and undercut their ability to hire and retain labor, maintain proper working standards, and secure public and private contracts. There were reports of discrimination based on sexual orientation and gender identity in employment, including the denial of promotions and firing of LGBTI persons. Activists reported job opportunities for many openly gay and lesbian persons were limited and noted a general lack of support from society as a whole. Activists reported that in addition to general societal discrimination, persons with HIV/AIDS faced employment discrimination in both the public and private sectors, including suspensions and the loss of employment following positive results from mandatory workplace HIV testing.

The official minimum daily wage was above the poverty line. The minimum wage covers a standard eight-hour workday across all sectors and industries and applies to all workers except for those in businesses with fewer than 15 employees. The law requires the minimum wage to be revised every two years. Labor unions and activists criticized the May 2018 raise in the minimum wage as too small for workers to keep up with the rising cost of living.

The law requires employers to pay employees on the date their salary is due for companies with 100 or fewer employees. For companies with more than 100 employees, the employer is required to pay employees within five days from the designated payday. Overtime cannot exceed 12 hours per workweek, should not go past midnight, and can exceed 16 hours in a workweek only on special occasions. The law also stipulates that an employee’s total working hours cannot exceed 11 hours per day (including overtime and a one-hour break). The law applies to shops, commercial establishments, and establishments for public entertainment.

The law sets the terms and conditions required for occupational safety, health, and welfare. It was not clear if workers could remove themselves from situations that endanger their health or safety without jeopardizing their employment.

The Ministry of Labor’s Factories and General Labor Laws Inspection Department oversees labor conditions in the private sector. The government did not effectively enforce the law. The number of labor-law inspectors and factory inspectors was insufficient to address occupational safety and health standards, wage, salary, overtime, and other issues adequately. In some sectors other ministries regulated occupational safety and health laws (e.g., the Ministry of Agriculture, Livestock, and Irrigation). Workers’ organizations alleged government inspections were rare and often announced with several days’ notice that allowed factory owners to bring facilities–often temporarily–into compliance. Corruption and bribery of inspectors reportedly occurred.

The public sector was reasonably likely to respect labor laws; frequent violations occurred in private enterprises. Workers continued to submit complaints to relevant government agencies and the dispute settlement mechanism.

Several serious industrial accidents occurred during the year. In April, for example, more than 50 miners died in an accident at a jade mine.

Burundi

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions with restrictions. A union must have at least 50 members. There is no minimum size for a company to be unionized. The minister of labor has the authority to designate the most representative trade union in each sector. Most civil servants may unionize, but their unions must register with the Ministry of Civil Service, Labor, and Social Security (Labor Ministry) that has the authority to deny registration. Police, the armed forces, magistrates, and foreigners working in the public sector may not form or join unions. Workers younger than 18 must have the consent of their parents or guardians to join a union.

The law provides workers with a conditional right to strike after meeting strict conditions; it bans solidarity strikes. The parties must exhaust all other means of resolution (dialogue, conciliation, and arbitration) prior to a strike. Intending strikers must represent a majority of workers and give six days’ notice to the employer and the Labor Ministry, and negotiations mediated by a mutually agreed upon party or by the government must continue during the action. The ministry must determine whether the sides have met strike conditions, giving it, in effect, the power to prevent strikes. The law permits requisition of essential employees in the event of strike action. The law prohibits retribution against workers participating in a legal strike.

The law recognizes the right to collective bargaining, but it excludes measures regarding public sector wages that are set according to fixed scales following consultation with unions. If negotiations result in deadlock, the labor minister may impose arbitration and approve or revise any agreement. There are no laws that compel an employer to engage in collective bargaining. The law prohibits antiunion discrimination. The law allows termination of workers engaged in an illegal strike and does not specifically provide for reinstatement of workers dismissed for union activity.

The government did not effectively enforce applicable laws. Resources for inspection and remediation were inadequate, and penalties were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government placed excessive restrictions on freedom of association and the right to collective bargaining and sometimes interfered in union activities. In the wake of participation by union members in antigovernment demonstrations in 2015, unions were subject to similar pressures and restrictions as other elements of civil society. These measures led to a significant reduction in union activism.

Most unions were public employee unions, and virtually no private sector workers were unionized. Since most salaried workers were civil servants, government entities were involved in almost every phase of labor negotiation. The principal trade union confederations represented labor interests in collective bargaining negotiations, in cooperation with individual labor unions.

Most laborers worked in the unregulated informal economy and were not protected. According to the Confederation of Burundian Labor Unions, virtually no informal sector workers had written employment contracts.

In 2015 the Confederation of Free Trade Unions of Burundi submitted a complaint to the International Labor Organization (ILO) stipulating that executive committee members of one of its affiliates were unfairly dismissed and that employment contracts were unjustly suspended or terminated. Evaluation of the case was postponed twice, and in June the ILO noted the government’s failure to respond to repeated requests for information.

The law prohibits most forms of forced or compulsory labor, including by children. The penalty for conviction of forced labor trafficking was sufficient to deter violations, but the government did not effectively enforce applicable laws. Resources for inspections and remediation were inadequate. Workplace inspectors had authority to impose fines at their own discretion, but there were no reports of prosecutions or convictions.

Children and young adults were coerced into forced labor on plantations or small farms in the south, small-scale menial labor in mines, carrying river stones for construction in Bujumbura, work aboard fishing vessels, or engaging in informal commerce in the streets of larger cities (see section 7.c.).

Citizens were required to participate in community work each Saturday morning from 8:30 a.m. to 10:30 a.m. Although enforcement of this requirement was rare, there were sporadic reports that communal administrators fined residents who failed to participate, and members of the Imbonerakure or police sometimes harassed or intimidated individuals who did not participate.

Also see 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 but does not generally apply to children working outside of formal employment relationships. The law states that enterprises may not employ children younger than 16, with exceptions permitted by the Labor Ministry. These exceptions include light work or apprenticeships that do not damage children’s health, interfere with their normal development, or prejudice their schooling. The minister of labor permitted children age 12 and older to be employed in “light labor,” such as selling newspapers, herding cattle, or preparing food. The legal minimum age for most types of “nondangerous” labor varies between the ages of 16 and 18. The law prohibits children from working at night and limits them to 40 hours’ work per week. Although the law does not apply to the informal sector, the Ministry of Labor stated that informal employment falls under its purview.

The Ministry of Labor is responsible for the enforcement of laws on child labor and had many instruments for this purpose, including criminal sanctions, fines, and court orders. The ministry, however, did not effectively enforce the law, primarily due to a dearth of inspectors and inadequate resources, such as insufficient fuel for vehicles. As a result the ministry enforced the law only when a complaint was filed. Fines were not sufficient to deter violations. During the year authorities did not report any cases of child labor in the formal sector, nor did they conduct surveys on child labor in the informal sector.

In rural areas children younger than 16, often responsible for contributing to their families and their own subsistence, were regularly employed in heavy manual labor during the day, including during the school year, especially in agriculture. Children working in agriculture could be forced to carry heavy loads and use machines and tools that could be dangerous. They also herded cattle and goats, which exposed them to harsh weather conditions and forced them to work with large or dangerous animals. Many children worked in the informal sector, such as in family businesses, selling in the streets, and working in small local brickworks. There were instances of children being employed as beggars, including forced begging by children with disabilities.

In urban areas child domestic workers were prevalent, accounting for more than 40 percent of the 13- to 15-year-old children in the country, according to a government survey from 2013-14. Child domestic workers are often isolated from the public. Some were only housed and fed instead of being paid for their work. Some employers, who did not pay the salaries of children they employed as domestic servants, accused them of stealing, and children were sometimes imprisoned on false charges. Child domestic workers could be forced to work long hours, some employers exploited them sexually, and girls were disproportionately impacted.

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 .

d. Discrimination with Respect to Employment and Occupation

The constitution recognizes workers’ right to equal pay for equal work. The constitution does not specifically prohibit discrimination against any group but rather provides for equal rights. Authorities reported no violations of this equal rights requirement. Much of the country’s economic activity took place in the informal sector, where protection was generally not provided. Some persons claimed membership in the ruling party was a prerequisite for formal employment in the public and private sectors. Members of the Twa ethnic minority, who in many cases lacked official documentation, were often excluded from opportunities in the formal economy. Women were excluded from some jobs, and in 2017 a government decree prohibited women from performing in traditional drumming groups. Persons with albinism experienced discrimination in employment.

The official minimum wages, unchanged since 1988, were below the official line of poverty, but unofficial minimum wages more reflective of labor market forces prevailed. These, too, were below the international poverty line. According to the World Bank, 73 percent of the population lived below the poverty line. More than 90 percent of the working population worked in the informal economy; minimum wage law did not apply to the informal sector, where wages were typically based on negotiation and reflected prevailing average wages.

The labor code limited working hours to eight hours per day and 40 hours per week, but there are many exceptions, including for workers engaged in national security, guarding residential areas, and road transport. Security companies received guidance from the Labor Ministry allowing workweeks of 72 hours for security guards, not including training. A surcharge of 35 percent for the first two hours and 60 percent thereafter must be paid for those workers eligible for paid overtime. Workers are supposed to receive 200 percent of their base salary for working weekends and holidays, but only become eligible for this supplement after a year of service. There is no legislation on mandatory overtime. Breaks include 30 minutes for lunch as a generally observed practice, but there is no legal obligation. Foreign or migrant workers are subject to the same conditions and laws as citizens.

The labor code establishes appropriate occupational safety and health standards for the workplace, but they often were not followed. Many buildings under construction in Bujumbura, for example, had workforces without proper protective equipment, such as closed-toe shoes, and scaffolding built of wooden poles of irregular length and width.

The Labor Inspectorate in the Ministry of Labor is responsible for enforcing the laws on minimum wages and working hours as well as safety standards and worker health regulations. The government did not effectively enforce the law, and penalties were insufficient to deter violations. The labor inspectors’ mandate is limited to the formal sector except where international agreements extend that mandate to all employment, according to ministry guidelines. The government did not allocate sufficient resources to address enforcement needs, such as that necessary for training and transportation for inspectors.

Although workplaces rarely met safety standards or protected the health of workers sufficiently, there were no official investigations, no cases of employers reported for violating safety standards, and no complaint reports filed with the Labor Inspectorate during the year. There were no data on deaths in the workplace. Workers could leave the work site in case of imminent danger without fear of sanctions.

Cabo Verde

Section 7. Worker Rights

The law provides for the rights of workers to form or join unions of their choice, to engage in collective bargaining, and to conduct legal strikes. The labor code provides for protection against antiunion discrimination and for the reinstatement of workers. Although government enforcement generally was effective, some cases continued for years, with further delay for appeals. The Directorate General for Labor (DGT) has a conciliation mechanism to promote dialogue between workers and employers on conditions of work.

The labor code designates certain jobs essential and limits workers’ ability to strike in those industries. Services provided by telecommunications, justice, meteorology entities, health, firefighting, postal service, funeral services, water and sanitation services, transportation, ports and airports, private security, and the banking and credit sectors are considered indispensable. The law states the government may force the end of a strike when there is an emergency or “to ensure the smooth operation of businesses or essential services of public interest.” The law and custom allow unions to carry out their activities without interference.

The government respected workers’ right of freedom of association and the right to collective bargaining and effectively enforced applicable laws in the formal sector. Worker organizations were independent of the government and political parties. Penalties were adequate to deter violations of freedom of association.

Labor unions complained the government sporadically restricted the right to strike for certain critical job categories. Other observers stated the government cooperated with the unions and did not discriminate against certain job categories. According to the local press, few companies adopted collective bargaining, but the International Labor Organization (ILO) worked with local unions and government bodies to provide guidance on conducting a dialogue among parties.

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced applicable laws in the formal sector. The labor code prohibits forced labor, and the penal code outlaws slavery, with penalties sufficiently stringent to deter violations.

Nevertheless, there were reports such practices occurred during the year. Migrants from China, Guinea-Bissau, Senegal, Nigeria, and Guinea may receive wages below minimum wage and work without contracts, creating vulnerabilities to forced labor in the construction sector. There were incidents of child labor in the domestic services and agriculture sectors, with children often working long hours in dangerous conditions and at times experiencing physical and sexual abuse, indicators of forced labor (see also section 7.c.).

On January 10, the president promulgated Resolution 3/2019 that established the Second National Plan of Action on Immigration (2018-20). Migrants from West Africa came to work in the construction and hospitality sectors, and the government sought to reduce their vulnerability to exploitation and increase their integration.

In October 2018 four Chinese nationals escaped from a situation of forced labor on Sal. The government identified them as victims of labor trafficking and, with support from the IOM, repatriated them to China. In May the traffickers–two Chinese nationals and one Cabo Verdean–were sentenced.

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

The 2016 National List of Dangerous Work for Children expanded, codified, and prohibited types of work in which children may not engage. The law defines the worst forms of child labor as any work done by children under age 16, and dangerous work performed by children between ages 16 and 18. The National Assembly ratified ILO Convention 138 in 2011, and the legal minimum age for work is 15. The labor code does not allow children ages 15 to 18 to work more than 38 hours a week or more than seven hours a day. The labor code provides that underage children may work only on small household tasks, in apprenticeship or training programs, or to help support the family. Children ages 16 to 18 are allowed to work overtime in an emergency but may not work more than two overtime hours a day, and these extra hours may not exceed 30 hours per year. The law permits children to perform agricultural work for the family provided that work does not compromise the child’s mental and physical development. Children under age 16 are banned from performing any street work. The ILO called on the government to raise the minimum age for hazardous work from 16 to 18, in line with international standards.

Several laws prohibit child labor, and the penalties they impose were adequate, but enforcement was neither consistent nor effective. Barriers, many cultural, remained to the effective implementation of these laws. For example, not all citizens considered children working to help support their families, especially in small remote communities, as negative, even when the work by law was deemed dangerous. The government had minimal ability to monitor and enforce laws in the informal sector, estimated to represent 30 percent of the economy.

Children engaged in street work, including water and food sales, car washing, and begging, and were vulnerable to trafficking. The risk to children depended largely on where they were located; there was considerably more child labor on some islands than others. The worst forms of child labor included street work, domestic service, agriculture, animal husbandry, trash picking, garbage and human waste transport, and at times passing drugs. A psychologist working for the international NGO SOS Children’s Village warned that a child could make above the monthly minimum wage from begging.

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 .

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, color, sex, gender, disability, language, sexual orientation, gender identity, political opinion, ethnic origin, age, HIV-positive status or having other communicable diseases, or social status.

Gender-based discrimination in employment and occupation, however, occurred (see section 6). Women generally had lower economic status and less access to management positions in public- and private-sector organizations. Women experienced inequality in political and economic participation. For instance, being a homemaker is not officially recognized as employment, and national statistics report homemakers as inactive members of the labor force. In some sectors of the formal economy, women received lower salaries than men for equal work.

African immigrants worked mainly in retail, services, and construction. Immigrants generally were poorly educated and had few professional qualifications and little work experience; consequently, their wages tended to be lower. Many of these immigrants did not have a legal contract with their employers, and thus they did not enjoy many legal protections and often worked in unacceptable conditions. The ECOWAS charter permits labor mobility for citizens of member states. The country was criticized by its neighbors for failing to implement its charter responsibilities fully by not protecting legal ECOWAS migrants.

The law stipulates a monthly minimum wage greater than the official estimate of the poverty income level. The law stipulates a maximum of eight hours of work per day and 44 hours per week. The law requires rest periods, the length of which depends on the work sector.

There were reports workers employed in the ubiquitous Chinese stores often received less than the minimum wage. These workers did not file formal complaints due to fear of losing their jobs and because they anticipated authorities would not take corrective action.

The law sets minimum occupational and safety standards and gives workers the right to decline to work if working conditions pose serious risks to health or physical integrity. In specific high-risk sectors, such as fishing or construction, the government may and often does provide, in consultation with unions and employers, occupational safety and health rules. The employer must also develop a training program for workers. The CNDHC noted companies generally chose to follow these rules, but that the government has insufficient resources through the Inspectorate General of Labor (IGT) to address violations.

The DGT and IGT are charged with implementing labor laws. Certain formal-sector benefits, such as social security accounts for informal workers, were enforced in the informal sector, although no penalties for violations that included fines or imprisonment were imposed during the year. The informal sector remained largely unregulated by government actors. The government made efforts to reduce work accidents and illness at work by carrying out more inspections and awareness campaigns to promote a culture of prevention and safety at work. The DGT and IGT, however, did not employ a sufficient number of inspectors to adequately enforce the law. Although companies tended to respect laws on working hours, many employees, such as domestic workers, health-care professionals, farmers, fishers, and commercial workers, commonly worked for longer periods of time than the law allows. Penalties for labor violations were generally insufficient to deter violations.

According to the IGT’s 2018 report, most irregularities detected during labor inspections related to nonsubscription to the National Institute for Social Protection, nonsubscription to mandatory insurance for job injury, and some irregularities in complying with health and safety standards. Inspections revealed the most common work violations concerned the right to vacation time and the right to rest periods between work periods.

Although there were no official studies available, some sources speculated foreign workers were more likely to be exploited than others. In 2018 between 17,000 and 22,000 immigrants, mostly from ECOWAS countries, worked in the country. Most immigrants were men (60.3 percent) older than 25 years of age, with the highest percentage between ages 25 and 44 (51.7 percent). Generally foreigners worked in civil construction, security services, hospitality, domestic services, and tourism. It was common for companies not to honor foreign workers’ rights regarding contracts, especially concerning deductions for social security.

The majority of work-related accidents reported during the year occurred in food services, the steel industry, and construction sectors. In 2018 the IGT registered 395 work-related accidents and six deaths resulting from labor accidents.

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