Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of all workers, except members of the armed forces, to form and join independent unions of their choice. All unions must be authorized by the Ministry of Public Security and Immigration, which may order the dissolution of a union that does not comply with the law as determined by the ministry. The law provides for the right of workers to organize and bargain collectively. While there are no restrictions on collective bargaining, the law authorizes the government to intervene under certain circumstances. The law recognizes the right to strike but restricts the right of civil servants and employees of state enterprises to do so. The law requires a 72-hour notification before a strike. By law civil servants and employees of state enterprises must complete a mediation process before initiating a strike, but there is no specified timeline for this process. Civil servants who engage in strikes or resign in protest may be subjected to imprisonment and forced labor. Employees of several public entities classified as essential services, including postal workers, abattoir employees, and nine more categories, must continue to provide a certain level of services and may be “requisitioned” at the government’s discretion during a strike. The law permits imprisonment with hard labor for participation in an illegal strike. The labor code prohibits antiunion discrimination and explicitly covers all workers, including foreign and irregular workers. The law requires reinstatement of workers fired for union activity. Union members reported these protections were not always respected.
The government effectively protected freedom of association and collective bargaining, although both were subject to delays, primarily due to administrative difficulties in convening key officials for negotiations. Penalties were enough to deter violations, according to an inspector at the Ministry of Labor, although widespread reports of violations continued in media and from NGOs.
There were no reports of restrictions on collective bargaining or punishment of workers for participating in illegal strikes. More than 90 percent of employees in the formal sector belonged to unions. Most workers were self-employed and nonunionized, working as farmers or herders. State-owned enterprises dominated many sectors of the formal economy, and the government remained the largest employer. Unions were officially independent of both the government and political parties, although some unions were unofficially linked through members’ affiliation with political parties.
Public-sector employee unions staged several strikes during the year to protest late or nonpayment of salaries, allowances, bonuses, and stipends. In 2018 strikes lasted for several months as civil servants protested salary cuts; government services, schools, and hospitals were impacted. Strikes that occurred during the year were not accompanied by demonstrations, due to the Ministry of Interior and Public Security 2016 ban on demonstrations, which was challenged by the bar association in an ongoing case.
The government did not give priority to meeting with trade unions. In 2017 the unions’ Workers Coalition released a press note stating that the government did not fulfill its pay and allowance commitments; thus, the coalition was exploring all possibilities to return to negotiations. The president of the Union of Trade Unions of Chad also warned that his union would call for strikes if needed.
d. Discrimination with Respect to Employment and Occupation
The law and labor regulations prohibit employment or wage discrimination based on race, color, religion, sex, age, national origin/citizenship, or membership in a union. There are no laws preventing employment discrimination based on disability, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social origin.
Workers may file discrimination complaints with the Office of the Labor Inspector, which investigates and subsequently may mediate between the worker and employer. If mediation fails, the case is forwarded to the Labor Court for a public hearing. The government did not effectively enforce these laws and regulations. The penalties for conviction by the Labor Court of discrimination were not sufficient to deter violations.
Women generally were not permitted to work at night, more than 12 hours a day, or in jobs that could present “moral or physical danger,” which is not defined. Persons with disabilities frequently experienced employment discrimination. Although the law prohibits discrimination based on nationality, foreign citizens often had difficulty obtaining work permits, earned lower wages, and had poor working conditions. LGBTI persons and HIV-positive persons faced social and employment discrimination and generally did not reveal their sexual orientation.
e. Acceptable Conditions of Work
The minimum wage was greater than the World Bank poverty rate. The law limits most employment to 39 hours per week, with overtime paid for additional hours. Agricultural work is limited to 2,400 hours per year, an average of 46 hours per week. All workers are entitled to uninterrupted rest periods of between 24 and 48 hours per week and paid annual holidays.
The labor code mandates occupational health and safety (OSH) standards that are current and appropriate for main industries. Workers have the right to remove themselves from dangerous working conditions without jeopardy to their employment, but they generally did not do so. The labor code gives inspectors the authority to enforce the law and explicitly covers all workers, including foreign and informal workers.
The Office of the General Inspectorate of the Ministry of Labor has responsibility for the enforcement of the minimum wage, work hours, and occupational OSH standards. The government did not effectively enforce the law. The minimum wage was not effectively enforced, and many persons were paid less, especially in the informal sector. The Ministry of Public Works employed insufficient labor inspectors to enforce the law. Labor inspectors may refer cases to the Ministry of Justice and Human Rights for prosecution. The government did not provide adequate budget, staffing, or training, which, along with corruption impeded effective enforcement. Authorities did not always respect legal protections for foreign and irregular workers. Penalties were not adequate to deter violations.
Salary arrears remained a problem for some private-sector employees. Workers did not always avail themselves of their rights concerning work hour limits, largely because they preferred the additional pay.
Multinational companies generally met the government’s acceptable OSH standards. The civil service and local private companies occasionally disregarded OSH and safety standards. Local private companies and public offices often had substandard conditions, including a lack of ventilation, fire protection, and OSH protection.