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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