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Albania

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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. Workers not excluded by their positions exercised their right to strike.

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.

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. Penalties were rarely enforced and therefore insufficient to deter violations. 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 were sufficiently stringent to deter violations, but they were seldom enforced. Some law enforcement organizations trained their officers to adopt 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/.

c. Prohibition of Child Labor and Minimum Age for Employment

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.” A 2017 decree issued by the Council of Ministers sets working hours for children younger than 18. 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 up to 30 hours per week when school is not in session. Children from 16 to 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.

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 NGO World Vision also reported that children sewed shoes. 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 ARSIS reported that children went to Kosovo to beg and gather recyclable metals. When authorities in Kosovo detained them, the children returned to Albania without any investigation or risk assessment, especially in cases when the family was the exploiter. There is no government reintegration program for these children.

Children were subjected to forced begging and criminal activity. Some of the 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. The State Agency on Children’s Rights continued to identify and manage cases of street children identified by the CPUs. As of July the agency reported four cases of parents exploiting street children. As of June, the CPUs and outreach mobile teams had identified 214 street children in total. CPUs reported 55 cases to the police during the same period.

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 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. Penalties were rarely assessed and were not sufficient to deter violations.

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

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. The government did not enforce the law and penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to gender, disability, sexual orientation or gender identity, nationality, and ethnicity. The CPD reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

e. Acceptable Conditions of Work

The national minimum wage was higher than the national poverty threshold. The SILSS and tax authorities are responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.

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. 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, which made up 36 percent of the economy, according to the Western Balkans Labor Market Trends 2019 report.

The SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Working conditions in the manufacturing, construction, and mining sectors frequently were poor and, in some cases, dangerous. For example, police detained the owner of the construction firm Skela Syla in September after two of his employees died on the job. Unions claimed unsafe working conditions were the cause of death. 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 insufficient to deter violations, because law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators.

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.

Andorra

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

On February 15, parliament approved the first-ever Equality and Nondiscrimination Law, which provides for the right to equal treatment and nondiscrimination, and strengthens effective protection through the establishment of judicial, administrative, and institutional guarantees, which provide protection and reparation for victims of discrimination. The law also provides for a sanctioning regime. The Department of Equality Policies designed programs and activities to start implementing the law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

On February 1, a labor law providing for a new legal framework came into effect. The constitution and law provide for workers to form and join independent trade unions. Parliament also approved laws regulating 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 new law for allegedly not effectively protecting workers.

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 sufficient to deter violations.

c. Prohibition of Child Labor and Minimum Age for Employment

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 are sufficient to deter violations. The government effectively enforced the law.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law. 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 Department for Social Affairs and Labor’s four-year strategic plan (2016-19) favors the hiring of persons with disabilities. The plan established the Network of Inclusive Businesses that hired 25 persons with disabilities. Companies received fiscal and social incentives for participating.

Women represented 49 percent of the workforce. The law does not require equal pay for equal work. Although no cases were filed during the year, 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 Andorran Social Security Fund and the Department of Statistics estimated that women earned on average 21-percent less than men for comparable work. In the financial sector, this percentage increased to 38 percent. The government made an effort to combat pay discrimination in general, and it applied pay equality within the government.

e. Acceptable Conditions of Work

The national minimum wage was 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, and penalties were sufficient to deter violations.

Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year.

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

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The Office had sufficient resources to enforce compliance. Penalties were sufficient to deter violations. As of the end of August, the Labor Inspection Office had received 55 complaints.

Armenia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 because of membership in a union. The list of justifiable grounds for firing a worker, enumerated in the labor code, does not include union activity.

In 2018 a law on government structure came into force changing the Health Inspection Body, which was tasked with ensuring the health and occupational safety of employees, to the Health and Labor Inspection Body (HLIB). The HLIB had limited authority to conduct occupational safety and health inspections during that time. There were no other state bodies with inspection responsibilities to oversee and protect the implementation of labor rights. The government did not effectively enforce laws on freedom of association and collective bargaining and has not established which entity should have responsibility for enforcing these laws. On December 4, the National Assembly adopted changes to the labor code reviving the state oversight function of the HLIB and penalties for labor code violations to come into effect in July 2021.

Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions. Experts reported that the right to strike, although enshrined in the constitution, is difficult to realize due to mediation and voting requirements. Following the “Velvet Revolution,” trade unions emerged in the areas of education and research institutions.

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. While the government effectively prosecuted labor trafficking cases, resources, inspections, and remediation were inadequate to identify forced labor cases at large due to absence of an effective labor inspection mechanism. Penalties for labor trafficking were sufficiently stringent to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

There are laws and policies designed to protect children from exploitation in the workplace. 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 years may not work overtime; in harmful, strenuous, or dangerous conditions; at night; or on holidays. Authorities did not effectively enforce applicable laws. Penalties were insufficient to enforce compliance. The absence of worksite inspections conducted at the national level impeded the enforcement of child labor laws.

According to the Armenian National Child Labor Survey 2015 Analytical Report, conducted by the Statistical Committee and the International Labor Organization, 11.6 percent of children between ages five and 17 years were employed. Most were involved in the agriculture, forestry, and fishing sectors, while others worked in the sectors of trade, repair, transport, storage, accommodation, and food services. Children were also involved in the trade of motor fuel, construction materials, medication, vehicle maintenance and repair works. According to the survey, 39,300 children were employed, of whom 31,200 were engaged in hazardous work, including work in hazardous industries (400 children), in designated hazardous occupations (600 children), work with long hours (1,200 children), work that involved carrying heavy loads and distances (17,200 children) and, other forms of hazardous work (23,600 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 .

d. Discrimination with Respect to Employment and Occupation

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 the law. There were no effective legal mechanisms to implement these regulations, and 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. Administrative penalties were not sufficient to deter violations.

Women generally did not enjoy 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. According to a gender-gap study by the UN Population Fund, Diagnostic Study of Discrimination against Women, released in 2016, the gap between the average salaries of men and women in all economic spheres was almost 36 percent. The International Monetary Fund cited the gender pay gap in the country as being strikingly large. According to World Bank data released in 2016, more than one-half of women with intermediary education and one-third of women with advanced education did not participate in paid work. According to the 2017 World Bank study, Leveling the STEM Playing Field for Women, “cultural stereotypes about the work women should engage in and their responsibilities at home present the strongest barrier to equality between women and men” in the country. Women also represented a larger share of the registered unemployed, and it took them a longer time to find work.

Many employers reportedly practiced age and gender 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 it. 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. LGBTI persons, persons with disabilities, as well as pregnant women also faced discrimination in employment. Religious minorities faced discrimination in public employment.

e. Acceptable Conditions of Work

The established monthly minimum wage was above the poverty income level. The law provides for a 40-hour workweek, 20 days of mandatory paid annual leave, and compensation for overtime and nighttime work. The law prohibits compulsory overtime in excess of four hours on two consecutive days and limits it to 180 hours in a year. The government established occupational and health standards by decree.

Authorities did not effectively enforce labor standards in either the formal or the informal sectors. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspection regime and lack of independent trade unions. While administrative courts were mandated to rule on labor-related cases within three months, few employees sought to apply to courts to reinstate their rights, due to legal costs, the complexity of the application process, as well as distrust of the judiciary. It was unclear if the overloaded courts were able to meet the legally required three-month window for those labor disputes that were submitted.

Many employees of private companies, particularly in the service and retail sectors, were unable to obtain paid leave and were required to work more than eight hours a day without additional compensation. According to representatives of some employment agencies, many employers also hired employees for an unpaid and undocumented “probationary” period of 10 to 30 days. Often employers subsequently dismissed these employees, who were then unable to claim payment for the time they worked because their initial employment was undocumented. According to a 2018 survey carried out by the local NGO Advanced Public Research Group, among 800 respondents only 47.7 percent of those employed by small businesses (20 percent of the respondents) had contracts. The survey also revealed problems related to inability to take paid annual leave and lack of compensation for overtime work.

Managers of enterprises that were the primary employers in certain poor geographic areas frequently took advantage of the absence of alternative jobs and did not provide adequate pay or address job safety and environmental concerns. As of 2017 nearly one-half of all workers found employment in the informal sector. According to official statistics, the government’s anticorruption efforts and active efforts by the tax authorities have led to a notable increase in the number of officially registered employees in the country.

In November 2018 the NGO Helsinki Committee of Armenia presented the results of a study conducted in 2017 on labor rights of teachers working in public schools that found problems with working conditions in terms of safety and health. Some teachers said they did not feel protected from psychological pressure exerted by the school administration and teachers hired to work through nepotism. Approximately one-half of the teachers had to find students to enroll in the schools and some had to ensure the participation of children in political events. According to the teachers, the least protected teachers in their schools were representatives of religious minorities, LGBTI teachers, and former convicts. There were several reports after the revolution that teachers who had voiced corruption concerns regarding school principals faced retribution and were fired. On June 11, a new trade union of teachers (Education and Solidarity) was registered.

During the past several years, there were consistent reports of labor law violations at the company formerly responsible for waste collection in Yerevan, but there were no reports that authorities imposed penalties on the company as a result. Safety and health conditions remained substandard in numerous sectors, and according to official information there were 16 fatal workplace incidents during the year. In light of high unemployment in the country, workers generally did not remove themselves from situations that endangered their health or safety. Authorities offered no protection to employees in these situations, and employees generally did not report violations of their rights.

On July 2, the workers of the Agarak Copper Molybdenum Mine began protests demanding compensation for overtime and for especially heavy and dangerous work, improved working conditions, and the provision of a safe working environment. According to media reports, after a long history of unaddressed grievances, the July protests were triggered by the refusal of mine leadership to address life-threatening stone falls and the demand that miners continue working despite the risk to their lives. The mine leadership claimed the strikes were illegal and demanded that protest organizers provide explanations for absence from work.

Austria

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 some sectors had unions 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 civil nature, with fines imposed. 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 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. Depending on the specific offense, penalties ranged from three to 20 years’ imprisonment and were sufficient to deter most violations.

According to antitrafficking NGOs and court documents, some citizens and migrants, both men and women, were subjected to trafficking and forced labor in the agriculture, construction, and restaurant/catering sectors. Some traffickers also subjected Romani children and persons with physical and mental disabilities to trafficking for forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of 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 are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for teenagers, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

Laws and policies protect children from exploitation in the workplace and prohibit forced or compulsory labor, and the government generally enforced these laws and policies effectively.

The labor inspectorate of the Ministry of Labor, Social Affairs, and Consumer Protection is responsible for enforcing child labor laws and policies in the workplace and did so effectively. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive (or other communicable disease) status, religion, age, or world view. The government effectively enforced these laws and regulations. Penalties for violations were sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. A Muslim community office focused on documenting anti-Islamic acts reported discriminatory hiring practices against Muslim women wearing headscarves 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.

Female employees in the private sector may invoke laws prohibiting discrimination against women. Depending on the Federal Equality Commission’s findings, labor courts may 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.

e. Acceptable Conditions of Work

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

The law in general provides for a maximum workweek of 40 hours, although collective bargaining agreements established 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 August 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 more than an average of 17 weeks must not exceed 48 hours per week. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations.

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

The labor inspectorate effectively enforced mandatory occupational health and safety standards, which were appropriate for the main industries. The number of inspectors was sufficient to deter violations. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code.

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

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

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

Azerbaijan

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent trade unions. Uniformed military and police and managerial staff are prohibited from joining unions. While the law provides workers the right to bargain collectively, unions could not effectively negotiate wage levels and working conditions because government-appointed boards ran major state-owned firms and set wages for government employees.

The law provides most private-sector workers the right to conduct legal strikes but prohibits civil servants from striking. Categories of workers prohibited from striking include high-ranking executive and legislative officials; law enforcement officers; court employees; fire fighters; and health, electric power, water supply, telephone, railroad, and air traffic control workers.

The law prohibits discrimination against trade unions and labor activists and requires the reinstatement of workers fired for union activity. The law also prohibits retribution against strikers, such as dismissal or replacement. Striking workers who disrupt public transportation, however, could be sentenced to up to three years in prison.

The government did not effectively enforce laws related to freedom of association and collective bargaining. Administrative penalties were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. There were some additional restrictions in practice, such as increased bureaucratic scrutiny of the right to form unions and conduct union activities.

Most unions were not independent, and the overwhelming majority remained tightly linked to the government, with the exception of some journalists’ unions. The Azerbaijan Trade Unions Confederation (ATUC) was the only trade union confederation in the country. Although ATUC registered as an independent organization, it was closely aligned with the government. ATUC reported it represented 1.2 million members in 27 sectors. Both local and international NGOs claimed that workers in most industries were largely unaware of their rights and afraid of retribution if they exercised those rights or initiated complaints. This was especially true for workers in the public sector.

Collective bargaining agreements were often treated as formalities and not enforced. Although the labor law applies to all workers and enterprises, the government may negotiate bilateral agreements that effectively exempt multinational enterprises from it. For example, production-sharing agreements between the government and multinational energy enterprises did not provide for employee participation in a trade union. While the law prohibits employers from impeding the collective bargaining process, employers engaged in activities that undercut the effectiveness of collective bargaining, such as subcontracting and using short-term employment agreements.

The state oil company’s 50,000 workers were required to belong to the Union of Oil and Gas Industry Workers, and authorities automatically deducted union dues from paychecks. Many of the state-owned enterprises that dominated the formal economy withheld union dues from workers’ pay but did not deliver the dues to the unions. Employers officially withheld one-quarter of the dues collected for the oil workers’ union for “administrative costs” associated with running the union. Unions and their members had no means of investigating how employers spent their dues.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, except in circumstances of war or in the execution of a court decision under the supervision of a government agency. Penalties for violations, including imprisonment, were generally sufficient to deter violations. The government did not effectively enforce applicable laws. Resources and inspections were inadequate, due in part to a moratorium on all routine and unannounced labor inspections.

Broad provisions in the criminal code provide for the imposition of compulsory labor as a punishment for expressing political views or views ideologically opposed to the established political, social, or economic system. In 2018 the International Labor Organization Committee of Experts noted its concern with a growing trend of using various provisions of the criminal code to prosecute journalists, bloggers, human rights defenders, and others who expressed critical opinions, under questionable charges that appeared politically motivated, resulting in long periods of corrective labor or imprisonment, both involving compulsory labor.

During the year there were anecdotal reports of workers subjected to conditions of forced labor in agriculture and the construction industry, forced begging by children, and forced domestic servitude. In 2018 the Ministry of Internal Affairs reported that 450 children were identified as being forced by their parents to beg in the streets. Although some children were removed from the exploitative situation, in general it was treated as a family issue rather than a criminal offense.

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

c. Prohibition of Child Labor and Minimum Age for Employment

In most cases the law permits children to work from the age of 15 with a written employment contract; children who are 14 may work in family businesses or, with parental consent, in daytime after-school jobs that pose no hazard to their health. Children younger than age 16 may not work more than 24 hours per week; children 16 or 17 may not work more than 36 hours per week. The law prohibits employing children younger than 18 in difficult and hazardous conditions and identifies specific work and industries in which children are prohibited, including work with toxic substances and underground, at night, in mines, and in nightclubs, bars, casinos, or other businesses that serve alcohol.

The government did not effectively enforce laws prohibiting child labor and setting a minimum age for employment. The government maintained a moratorium on routine and unannounced inspections, which prevented effective enforcement of child labor laws. Resources and inspections were inadequate to enforce compliance, and penalties for violations were insufficient to deter violations. The Ministry of Labor and Social Protection of Population was only permitted to conduct inspections based on complaints. In 2018 the State Labor Inspection Service received five child-labor complaints in the catering industry but failed to take further action on them.

There were few complaints of abuses of child labor laws during the year, although there were anecdotal reports of child labor in agriculture, in restaurants and wedding halls, forced begging, and street work, such as in bazaars and markets, auto garages and car washes, and selling fruit and vegetables on roadsides throughout the country. In agriculture there were limited, anecdotal reports of children working in the production of fruits, vegetables, and cotton and, to a lesser extent, involved in producing tea and rice. There were also reports of children subjected to commercial sexual exploitation (see section 6, Children, and section 7.b.).

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 “http://www.dol.gov/ilab/reports/child-labor/findings/” www.dol.gov/ilab/reports/child-labor/findings/ https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation, but the government did not always enforce the law effectively. Penalties for discrimination in employment existed under various articles and laws but were patchwork in nature and did not effectively deter discrimination in all its forms. The law excludes women from certain occupations with inherently dangerous conditions, such as working underground in mines. Many of these positions were higher ranked and better paid than positions that women are permitted to occupy in the same industries.

Employers generally hesitated to hire persons with disabilities, and workplace access was limited. Discrimination in employment and occupation also occurred with respect to sexual orientation. LGBTI individuals reported employers found other reasons to dismiss them because they could not legally dismiss someone because of their sexual orientation. Women were underrepresented in high-level jobs, including top business positions. Traditional practices limited women’s access to economic opportunities in rural areas. According to the State Statistics Committee, in 2018 the average monthly salary for women was 53.8 percent of the average monthly salary for men.

e. Acceptable Conditions of Work

The national minimum wage was increased on March 1 and again on September 1, and it was higher than the poverty level (minimum living standard), which was increased on January 1. Experts stated government employers complied with the minimum wage law but that it was commonly ignored in the informal economy. The law requires equal pay for equal work regardless of gender, age, or other classification, although women’s pay lagged behind that of men.

The law provides for a 40-hour workweek. Workers in hazardous occupations may not work more than 36 hours per week. Information was not available on whether local companies provided the legally required premium compensation for overtime, although international companies generally did. There is no prohibition on excessive compulsory overtime. The law provides equal rights to foreign and domestic workers.

The government did not effectively enforce the laws on acceptable conditions of work, and penalties were insufficient to deter violations.

In 2017 the government extended its moratorium on scheduled and unannounced labor inspections until 2021. Although inspectors were still permitted to inspect private-sector workplaces after receiving a complaint and government-owned workplaces, the Ministry of Labor and Social Security did not report any inspections during the year. The ministry reportedly maintained its full staff of inspectors.

Inspection of working conditions by the Ministry of Labor and Social Protection’s labor inspectorate was weak and ineffective due to the moratorium. Although the law sets health and safety standards, employers widely ignored them. Violations of acceptable conditions of work in the construction and oil and gas sectors remained problematic.

Local human rights groups, including the Oil Workers Rights Defense Organization, an NGO dedicated to protecting worker rights in the petroleum sector, maintained that employers, particularly foreign oil companies, did not always treat foreign and domestic workers equally. Domestic employees of foreign oil companies reportedly often received lower pay and worked without contracts or private health-care insurance. Some domestic employees of foreign oil companies reported violations of the national labor code, noting they were unable to receive overtime payments or vacations.

According to official statistics, 63 workers died on the job during the year, including six in the oil and gas sector. Workers may not remove themselves from situations that endanger health or safety, as there is no legal protection of their employment if they did so. On July 16, the State Oil Company of Azerbaijan (SOCAR) reported the death of worker Seymur Valikhanov, stating the cause of death was trauma to the head from a fall in the bathroom. Media outlets reported that the real cause of death was a falling bucket of acid that hit Valikhanov in the head and throat, and that SOCAR had covered up the incident to avoid paying compensation to the family of the deceased.

Belarus

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who say they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to independent union activists.

The law provides for civil penalties in the form of fines for violations of the freedom of assembly or collective bargaining, which were not sufficient to deter violations. The government also did not enforce these penalties.

The government severely restricted independent unions. The government-controlled Federation of Trade Unions of Belarus is the largest union federation, claiming more than four million members. It largely resembled its Soviet predecessors and served as a control mechanism and distributor of benefits. The Belarusian Congress of Democratic Trade Unions (BCDTU), with four constituent unions and approximately 10,000 members of independent trade unions, was the largest independent union umbrella organization, but tight government control over registration requirements and public demonstrations made it difficult for the congress to organize, expand, and conduct strikes.

The government did not respect freedom of association and collective bargaining. Prohibitive registration requirements that any new independent union have a large membership and cooperation from the employer continued to present significant obstacles to union formation. Trade unions may be deleted from the register by a decision of the registrar, without any court procedure. The registrar may remove a trade union from the register if, following the issuance of a written warning to the trade union stating that the organization violates legislation or its own statutes, the violations are not eliminated within a month. Authorities continued to resist attempts by workers to leave the official union and join the independent one.

The legal requirements to conduct a strike are high. For example, strikes may only be held three or more months after dispute resolution between the union and employer has failed. The duration of the strike must be specified in advance. Additionally, a minimum number of workers must continue to work during the strike. Nevertheless, these requirements were largely irrelevant, since the unions that represented almost all workers were under government control. Government authorities and managers of state-owned enterprises routinely interfered with union activities and hindered workers’ efforts to bargain collectively, in some instances arbitrarily suspending collective bargaining agreements. Management and local authorities blocked worker attempts to organize strikes on many occasions by declaring them illegal. Union members who participated in unauthorized public demonstrations were subjected to arrest and detention. Due to a persistent atmosphere of repression and the fear of imprisonment, few public demonstrations took place during the year.

The Law on Mass Events also seriously limited demonstrations, rallies, and other public action, constraining the right of unions to organize and strike. No foreign assistance may be offered to trade unions for holding seminars, meetings, strikes, pickets, etc., or for “propaganda activities” aimed at their own members, without authorities’ permission.

Government efforts to suppress independent unions included frequent refusals to extend employment contracts for members of independent unions and refusals to register independent unions. According to BCDTU leader Alyaksandr Yarashuk, the government had not approved establishment of new independent unions since a 1999 decree requiring trade unions to register with the government but on January 15, it approved the third registration application of a branch of the independent trade union of miners, chemical, oil refinery, energy, transport, construction industries and other workers in Salihorsk. Registration followed restructuring of the state-owned potash fertilizer producer Belaruskali, which resulted in establishment of a number of separate subsidiaries, including Remmantazhstroi, where 400 workers wanted to keep their membership in the independent trade union. Authorities routinely fired workers who were deemed “natural leaders” or who involved themselves in NGOs or opposition political activities.

In August 2018 a Minsk district court convicted independent Radio and Electronics Trade Union chairman Genadz Fedynich and chief accountant Ihar Komlik for allegedly evading taxes in 2011 and sentenced the two to four years of house arrest. The court also banned the trade unionists from holding any administrative positions for five years. Protesters outside the courthouse were detained while protesting the trial. In November 2018 the Minsk city court dismissed their appeal. A November 2019 presidential amnesty law reduced the sentences of both Fedynich and Komlik by a year.

On May 10, Fedynich reported that the Penitentiary Inspectorate eased the conditions of his four-year restricted freedom sentence. Under the original house arrest order, Fedynich was required be at home from 7 p.m. to 6 a.m. and was prohibited from leaving his residence on weekends and public holidays. Since May Fedynich has been allowed to visit health-care providers, post offices, stores, and other public facilities from 6 p.m. to 8 p.m. on weekdays and also permitted to walk from his apartment to his mailbox inside the apartment building at any time. His curfew time was moved back from 7 p.m. to 9 p.m. Authorities refused Fedynich’s request to allow him to visit a church and help his ailing relatives with housework on weekends.

The government requires state employees, including employees of state-owned enterprises, who constituted approximately 70 percent of the workforce, to sign short-term work contracts. Although such contracts may have terms of up to five years, most expired after one year, which gave the government the ability to fire employees by declining to renew their contracts. Many members of independent unions, political parties, and civil society groups lost their jobs because of this practice. A government edict provides the possibility for employers to sign open-ended work contracts with an employee only after five years of good conduct and performance by the employee.

Opposition political party members and democratic activists sometimes had difficulty finding work due to government pressure on employers.

In 2014 the president issued Decree No. 5 On Strengthening the Requirements for Managers and Employees of Organizations, which the authorities stated was aimed at rooting out “mismanagement,” strengthening discipline, and preventing the hiring of dishonest managers in new positions. Among other subjects under the new decree, managers may reduce payment of employee bonuses (which often comprised a large portion of salaries) and workers may be fired more easily. An independent trade union lawyer told the press that workers have fewer rights under the new law.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce its provisions.

Parents who have had their parental rights stripped and are unemployed or are working but fail to compensate state child-care facilities for the maintenance of their children, may be subject to forced employment by court order. Individuals who refuse forced employment may be held criminally liable and face community service or corrective labor for a period of up to two years, imprisonment for up to three years, or other freedom restrictions, all involving compulsory labor and garnishment of 70 percent of their wages to compensate expenses incurred by the government.

In 2010 the government enforced procedures for placing individuals suffering from chronic alcohol, drug or other substance abuse in so-called medical labor centers when they have been found guilty of committing criminal violations while under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances. Such offenders may be held in these centers by court orders for 12 to 18 months. They are mandated to work, and if they refuse, they may be placed in solitary confinement for up to 10 days. In 2017 the deputy head of the Supreme Court, Valer Kalinkovich, justified operations of the medical labor centers, saying there was no alternative for alcohol addicts who also “violated rights of other people.”

Minsk authorities required officially registered unemployed individuals to perform paid community service two days a month from May to September and one day a month from October to December and January to April. In addition, they were banned from receiving some unemployment benefits, depending on their length of unemployment, if they performed less than 22 working days of community service during a year. Individuals with disabilities, single parents and parents of three and more children, as well as parents of children with disabilities and younger than 18 were exempt.

Regulations against forced labor were seldom enforced, and resources and inspections dedicated to preventing forced and compulsory labor were minimal and inadequate to deter violations. Penalties were not sufficient to deter violations. The government rarely identified victims of trafficking, and prosecution of those responsible for forced labor remained minimal. Government efforts to prevent and eliminate forced labor in the country did not improve.

The government continued the Soviet practice of subbotniks, (Saturday work) that requires employees of government, state enterprises, and students receiving government assistance to work uncompensated on a few Saturdays a year. Employers and authorities threatened workers who refused to participate with fines or unpaid premium compensation. In some localities, some local authorities forced students and state companies’ employees to participate in harvesting in September-October. For example, university students in Vitsebsk reported the administration had them harvest apples at a local farm for two weeks in September.

Former inmates stated their monthly wages were as low as three to four rubles ($1.50 to $2.00). Senior officials with the General Prosecutor’s Office and the Interior Ministry stated in November 2015 that at least 97 percent of all work-capable inmates worked in prison as required by law, excluding retirees and persons with disabilities, and that labor in prison was important and useful for rehabilitation and reintegration of inmates.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16, but children as young as 14 may conclude a labor contract with the written consent of one parent or a legal guardian. The Prosecutor General’s Office is responsible for enforcement of the law. Persons younger than 18 are allowed to work in nonhazardous jobs but are not allowed to work overtime, on weekends, or on government holidays. Work may not be harmful to children’s health or hinder their education.

The government generally enforced these laws and penalties were sufficient to deter most violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, gender, language, or social status. These laws do not apply specifically to employment or occupation. The government did not effectively enforce these laws or secure any effective penalties to deter violations. Discrimination in employment and occupation occurred with respect to ethnicity, gender, disability, language, sexual orientation and gender identity and expression, and HIV-positive status (see section 6). In addition, some members of the Romani community complained that employers often discriminated against them and either refused to employ them or did not provide fulltime jobs. The government did not take any action during the year to prevent or eliminate employment discrimination. Employment discrimination happened across most economic sectors and in both private and public workplaces.

The law requiring equal pay for equal work was not regularly enforced, and the minister of labor and social welfare stated in 2016 that on average women were paid 24 percent less than men.

The government maintains a list of 181 “physically demanding” jobs “in hazardous or dangerous conditions” that women are not permitted to occupy. Very few women were in the upper ranks of management or government, and most women were concentrated in the lower-paid public sector. Although the law grants women the right to three years of maternity leave with assurance of a job upon return, employers often circumvented employment protections by using short-term contracts, then refusing to renew a woman’s contract when she became pregnant.

A government prohibition against workdays longer than seven hours for persons with disabilities reportedly made companies reluctant to hire them. Local NGOs reported that up to 85 percent of persons with disabilities were unemployed. Authorities provided minimal welfare benefits for persons with disabilities, and calculations of pensions did not consider disability status. Members of the country’s Paralympic teams received half the salaries and prize money of athletes without disabilities.

e. Acceptable Conditions of Work

As of October 1, the national minimum monthly wage exceeded the poverty line.

The law establishes a standard workweek of 40 hours and provides for at least one 24-hour rest period per week. The law provides for mandatory overtime and nine days of holiday pay and restricts overtime to 10 hours a week, with a maximum of 180 hours of overtime each year.

The law establishes minimum conditions for workplace safety and worker health, but employers often ignored these standards. Workers at many heavy machinery plants did not wear minimal safety gear. The state labor inspectorate lacked authority to enforce employer compliance and often ignored violations. The number of inspectors was insufficient to deter violations.

The Ministry of Labor and Social Welfare was responsible for enforcement of these laws. Information regarding resources, inspections, remediation, and penalties was not available. The government reported that approximately 400,000 of the 4.5 million workforce worked in the informal economy. The law did not cover informal workers.

The labor ministry reported 146 persons killed at workplaces in 2018, up from 115 in 2017.

The law does not provide workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Belgium

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

For companies with more than 50 employees, the law provides workers the right to form and join independent unions of their choice without previous authorization or excessive requirements, conduct legal strikes, and bargain collectively. Workers exercised these rights, and citizen and noncitizen workers enjoyed the same rights. Work council elections are mandatory in enterprises with more than 100 employees, and safety and health committee elections are mandatory in companies with more than 50 employees. Employers sometimes sought judicial recourse against associations attempting to prevent workers who did not want to strike from entering the employer’s premises.

The law provides for the right to strike for all public and private sector workers except the military. The law prohibits antiunion discrimination and employer interference in union functions, and the government protected this right. Trade union representatives cannot be fired for performing their duties and are protected against being fined by their employers; they are also entitled to regular severance payments.

The government generally enforced applicable laws. Resources, inspections, and remediation were adequate. Penalties were generally not sufficient to deter violations, as employers often paid fines rather than reinstate workers fired for union activity. At the same time, fines on workers for strike or collective bargaining actions often resulted in breaking strike movements. Administrative or judicial procedures related to trade unions were not longer than other court cases.

Freedom of association and the right to bargain collectively were inconsistently respected by employers. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

In July a court sentenced an employer for abusive termination of four employees who went on strike without support from their trade union. The court highlighted that all employees are protected equally during a protest, regardless of the trade union position.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government effectively enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties were sufficient to deter violations.

Instances of forced and compulsory labor included men who were forced to work in restaurants, bars, sweatshops, agriculture, construction, cleaning, and retail sites. Foreign victims were subjected to forced domestic service. Forced begging continued, particularly in the Romani community.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age of employment is 15. Persons between the ages of 15 and 18 may participate in part-time work/study programs and work full time up to a limited number of hours during the school year. The Ministry of Employment regulated industries that employ juvenile workers to ensure that labor laws were followed; it occasionally granted waivers for children temporarily employed by modeling agencies and in the entertainment business. Waivers were granted on a short-term basis and for a clearly defined performance or purpose that had to be listed in the law as an acceptable activity. The law clearly defines, according to the age of the child, the maximum amount of time that may be worked daily and the frequency of performances. A child’s earnings must be paid to a bank account under the name of the child, and the money is inaccessible until the child reaches 18 years of age.

There are laws and policies to protect children from exploitation in the workplace. The government generally enforced these laws with adequate resources, inspections, and penalties, although such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face penalties sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status but permit companies to prohibit outward displays of religious affiliation, including headscarves (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/). The government effectively enforced these laws and regulations.

Penalties were not sufficient to deter violations. Some employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minorities as well as against internal and foreign migrant workers. The government took legal action based on antidiscrimination laws. UNIA facilitated arbitration or other settlements in some cases of discrimination. Such settlements could involve monetary payments, community service, or other penalties imposed on the offender.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Trade unions or media sometimes escalated cases, and UNIA often took a position or acted as a go-between to find solutions or to support alleged victims in the courts.

The Federal Institute for the Equality of Men and Women is responsible for promoting gender equality and may initiate lawsuits if it discovers violations of equality laws. Most complaints received during the year were work related and most concerned the termination of employment due to pregnancy. Economic discrimination against women continued. According to Eurostat, women’s hourly wage rates were 6 percent less than those of their male colleagues in 2017. The law requires that one-third of the board members of publicly traded companies, but not private ones, be women.

The law requires companies with at least 50 employees to provide a clear overview of their compensation plans, a detailed breakdown by gender of their wages and fringe benefits, a gender-neutral classification of functions, and the possibility of appointing a mediator to address and follow up on gender-related problems.

e. Acceptable Conditions of Work

There is a monthly national minimum wage, and it is higher than the official estimate for poverty income level.

The standard workweek is 38 hours, and workers are entitled to four weeks of annual leave. Departure from these norms can occur under a collective bargaining agreement, but work may not exceed 11 hours per day or 50 hours per week. An 11-hour rest period is required between work periods. Overtime is paid at a time-and-a-half premium Monday through Saturday and at double time on Sundays. The Ministry of Labor and the labor courts effectively enforced these laws and regulations. The law forbids or limits excessive overtime. Without specific authorization, an employee may not work more than 65 hours of overtime during any one quarter.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Inspectors from both the Ministry of Labor and the Ministry of Social Security enforced labor regulations. These ministries jointly worked to ensure that standards were effectively enforced in all sectors, including the informal sector, and that wages and working conditions were consistent with collective bargaining agreements. Wage, overtime, and occupational safety violations were most common in the restaurant, construction, and logistics industries. Penalties were not sufficient to deter violations. Some employers still operated below legal standards.

A specialized governmental department created to fight the informal economy conducted investigations, mainly in the construction, restaurant and hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat such cases as trafficking in persons.

Workers may 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.

Bosnia and Herzegovina

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Federation and RS labor laws provide for the right of workers in both entities to form and join independent unions, bargain collectively, and conduct legal strikes. Employers in the private sector did not always respect these rights. The law prohibits antiunion discrimination but does not provide adequately for enforcement of these protections. The labor inspectorates and courts did not deal effectively with employees’ complaints of antiunion discrimination. Unions themselves have complained that their own union leaders have been co-opted by the company and politicians, and that they mostly protect their own privileges. The law prescribes reinstatement of dismissed workers in cases where there is evidence of discrimination, whether for union activity or other reasons. Entity-level laws in the Federation and the RS prohibit the firing of union leaders without prior approval of their respective labor ministries.

The law in both entities and in the Brcko District provides for the right to strike. The law in the Federation contains burdensome requirements for workers who wish to conduct a strike. Trade unions may not officially announce a strike without first reaching an agreement with the employer on which “essential” personnel would remain at work. Authorities may declare the strike illegal if no agreement is reached. This provision effectively allowed employers to prevent strikes. Laws governing the registration of unions give the minister of justice powers to accept or reject trade union registration on ambiguous grounds. According to informal estimates, approximately 40 percent of the work force was unregistered and working in the informal economy.

The lack of workers’ rights was more pronounced in the private sector largely due to weaker unions in the private sector and to the broad and pronounced weakness of the rule of law.

The government did not effectively enforce all applicable laws. Authorities did not impose sanctions against employers who prevented workers from organizing. Inspections related to worker rights were limited. Ministry inspectors gave low priority to violations of worker rights; state officials focused instead on bolstering revenues by cracking down on unregistered employees and employers who did not pay taxes. Some unions reported that employers threatened employees with dismissal if they joined a union and, in some cases, fired union leaders for their activities. Entity-level penalties for violations included monetary fines that were insufficient to deter violations. Judicial procedures were subject to lengthy delays and appeals.

Authorities and employers generally respected freedom of association and the right to collective bargaining. The governments and organizations of employers and workers in both entities negotiated general collective agreements establishing conditions of work, including in particular private employers. It was not confirmed that all employers recognized these agreements. Trade union representatives alleged that antiunion discrimination was widespread in all districts.

b. Prohibition of Forced or Compulsory Labor

Adequate legislation exists at the state level and in the RS and the Brcko District criminalizing forced or compulsory labor while Federation laws do not criminalize all forced labor activities. The government did not enforce the law effectively, but there was little verified evidence that forced labor occurred in the country due to the limited number of inspections into forced labor allegations. Penalties for violations were generally sufficient to deter violations.

The prosecution of 13 BiH nationals for collusion in forced labor involving 672 victims of forced labor in Azerbaijan in 2015 continued in BiH court. The government failed to prosecute organized crime syndicates that forced Romani children to beg on the streets, alleging that it was Romani custom to beg. There were reports that individuals and organized crime syndicates trafficked men, women, and children for begging and forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment of children in both entities is 15; minors between the ages of 15 and 18 must provide a valid health certificate to work. RS and Brcko District laws penalize employers for hiring persons younger than age 15. The labor codes of the Federation, the RS, and the Brcko District also prohibit minors between the ages of 15 and 18 from working at night or performing hazardous labor, although forced begging is not considered a hazardous task for all entities. The law prohibits the worst forms of child labor. Entity governments are responsible for enforcing child labor laws, and both entities and the Brcko District enforced them. Boys and girls were subjected to forced begging and involuntary domestic servitude in forced marriages. Sometimes forced begging was linked to other forms of human trafficking. In the case of Romani children, family members or organized criminal groups were usually responsible for subjecting girls and boys to forced begging and domestic servitude in forced marriages. Several of the worst forms of child labor occurring in the country included the use of children for illicit activities, commercial sexual exploitation of children, and the use of children for the production of pornography (see section 6, Children).

During the year the government did not receive reports of child labor at places of employment. Neither entity had inspectors dedicated to child labor inspections; authorities investigated violations of child labor laws as part of a general labor inspection. The labor inspectorates of both entities reported that they found no violations of child labor laws, although they did not conduct reviews of children working on family farms. The government did not collect data on child labor because there were no reported cases. The general perception among officials and civil society was that the exploitation of child labor was rare. RS law imposes fines for employing children younger than 16, but the law does not specify the exact monetary amount. Penalties were usually sufficient to deter violations.

NGOs running day centers in Banja Luka, Tuzla, Mostar, Bijeljina, Bihac, and Sarajevo in cooperation with the country’s antitrafficking coordinator continued to provide services to at-risk children, many of whom were involved in forced begging on the streets.

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

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, ethnicity, sex, gender, age, disability, language, sexual orientation or gender identity, HIV-positive status, other communicable diseases, social status (including refugee status), religion, and national origin. The government generally enforced these laws and regulations effectively. Penalties were sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to race, gender, disability, language, ethnicity, sexual orientation and gender identity, HIV-positive status, and social status (see section 6).

e. Acceptable Conditions of Work

Although the monthly minimum wage in both entities is above the official poverty income level, more than 30 percent of the population was exposed to the risk of income poverty. The Brcko District did not have a separate minimum wage or an independent pension fund, and employers typically used the minimum wage rate of the entity to which its workers decided to direct their pension funds.

The legal workweek in both entities and the Brcko District is 40 hours, although seasonal workers may work up to 60 hours. The law limits overtime to 10 hours per week in both entities. An employee in the RS may legally volunteer for an additional 10 hours of overtime in exceptional circumstances. The Federation has no provision for premium pay, while the RS requires a 30-percent premium. Laws in both entities require a minimum rest period of 30 minutes during the workday.

Employees may choose which holidays to observe depending on ethnic or religious affiliation. Entity labor laws prohibit excessive compulsory overtime. The entities and the Brcko District did little to enforce regulations on working hours, daily and weekly rest, or annual leave.

The Federation Market Inspectorate, the RS Inspectorate, and the Brcko District Inspectorate are responsible for the enforcement of labor laws in the formal economy. Authorities in the two entities and the Brcko District did not effectively enforce labor regulations. The penalties for wage and safety violations were generally sufficient to deter violations. The number of inspectors was insufficient to deter violations.

The Federation and the RS set mandatory occupational health and safety standards, especially for those industry sectors where working conditions were hazardous. Worker rights extended to all official (i.e., registered) workers, including migrant and temporary workers.

Governments in both entities made only limited efforts to improve occupational safety and health at government-owned coal mines; such efforts were inadequate for the safety and security of workers. Workers in certain industries, particularly metal and steel processing and coal mining, often worked in hazardous conditions. There were no official social protections for workers in the informal economy.

Workers could not remove themselves from situations that endanger their health or safety without jeopardizing their employment. Authorities provided no protection to employees in this situation.

Bulgaria

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 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.

b. Prohibition of Forced or Compulsory Labor

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/.

c. Prohibition of Child Labor and Minimum Age for Employment

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.

e. Acceptable Conditions of Work

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.

Crimea

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

Occupation authorities announced the labor laws of Ukraine would not be in effect after 2016 and that only the laws of the Russian Federation would apply.

Occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. The pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.

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Ukraine

Croatia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form or join unions of their choice, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and allows unions to challenge firings in court. The law requires reinstatement of workers terminated for union activity.

Some limitations exist. There are restrictions on strikes and union activity for civilian employees of the military. Workers may strike only at the end of a contract or in specific circumstances cited in the contract, and only after completing mediation. Labor and management must jointly agree on a mediator if a dispute goes to mediation. If a strike is found to be illegal, any participant may be dismissed, and the union held liable for damages.

The government and employers generally respected freedom of association and the right to collective bargaining. The government generally enforced laws effectively. Penalties were sufficient to deter violations. Judicial procedures were lengthy in the country overall and could hamper redress for antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Through July 31, the state prosecutor reported one case of criminal charges for forced labor, which remained pending at the end of the year.

Penalties for conviction of forced labor were sufficiently stringent to deter violations, if enforced, but the government did not effectively enforce the law. The government collaborated with several NGOs on public awareness programs.

There were isolated reports that Romani children were at risk of forced begging. Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for the employment of children is 15, the age at which compulsory education ends for most children. Minors between ages 15 and 18 who have not completed compulsory education may work only with prior approval from the government labor inspectorate and only if they would not suffer physically or mentally from the work. Children younger than 15 may work only in special circumstances and with the approval of the ombudsperson for children. In 2017 (the last year for which data were available), there were 233 such requests, of which 183 were approved, usually for children to act in film or theatrical performances. The law prohibits workers younger than age 18 from working overtime, at night, or in dangerous conditions, including but not limited to construction, mining, and work with electricity. The Ministry of Labor and the Pension System, the ministry’s Office of the State Inspectorate, and the ombudsperson for children are responsible for enforcing this regulation and did so adequately.

There were isolated instances of violations of child labor legislation. Labor inspectors identified 34 violations involving 21 minors in 2017. Violations involved minors working overtime or past curfew and occurred mainly in the hospitality, retail, services, food service, and tourism sectors. Some children were reportedly subject to early marriage that could result in domestic servitude. The government effectively enforced the law. Penalties were generally sufficient to deter violations (see also section 7.b.).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation. Nonetheless, sporadic discrimination in employment or occupation occurred on the bases of gender, disability, sexual orientation, HIV-positive status, and ethnicity, particularly for Roma. According to the ombudsperson for gender equality, women experienced discrimination in employment, including in pay and promotion to managerial and executive positions. Women generally held lower-paying positions in the workforce. A World Bank Group report in February stated that, overall, the country made progress on promoting gender equality into its policy agenda. Eurostat reported the wage gap was higher among older employees. The government did not effectively enforce the law and the penalties for discrimination were not sufficient to deter violations.

According to the 2018 annual report of the ombudsperson for disabilities, legislative changes strengthened the system for professional rehabilitation to facilitate employment of those with disabilities. The ombudsperson for disabilities noted progress in 2018 in the employment of persons with disabilities but said the government should take additional steps to reduce workplace discrimination and barriers to employment. NGOs noted discrimination and harassment against LGBTI employees in the workplace, particularly in the health and hospitality sectors. According to the NGO Freedom House, although legislation protects LGBTI employees against discrimination at the workplace, employers did not have adequate policies and procedures in place to provide protection against discrimination based on sexual orientation or gender identity. NGOs reported LGBTI persons sometimes refrained from publicly expressing their sexual orientation or gender identity because they were vulnerable to termination of employment or demotion.

e. Acceptable Conditions of Work

The government effectively enforced wage laws, and penalties were sufficient to deter violations. The minimum wage was slightly above the official poverty income level. The law limits overtime to 10 hours per week and 180 hours annually.

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

Some employees worked in the informal sector without labor protections. There were instances of nonpayment of wages, as well as nonpayment for overtime and holidays. The law allows employees to sue employers for wage nonpayment and provides a penalty sufficient to deter violations, although the law exempts employers who fail to pay wages due to economic duress. Workers may sue employers who do not issue pay slips to their employees to bypass mandatory employer contributions to social insurance programs. During 2018 inspectors filed 122 reports (down 14 percent from 2017) seeking criminal proceedings against employers for nonpayment of wages or for not registering employees properly with state health and pension insurance.

Cyprus

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, strike, and bargain collectively with employers. Both antiunion discrimination and dismissal for union activity are illegal.

The law requires labor unions to register with the registrar of labor unions within 30 days of their establishment. Persons convicted for fraud-related and immoral offenses are not allowed to serve as union officials. Unions’ accounts and member registers can be inspected at any time by the registrar. An agreement among the government, labor unions, and employers’ organizations established the procedure for dispute resolution for essential services personnel.

The government generally enforced applicable laws, and resources and investigations were adequate in the formal sector. Administrative procedures were efficient and immediate, but judicial procedures were subject to delays due to a case backlog. Penalties were not sufficient to deter violations, which occurred primarily in the informal sector. Violations rarely occurred in the formal sector.

The government generally protected the right of unions to conduct their activities without interference, and employers generally respected the right of workers to form and join independent unions and to bargain collectively. Although collective agreements are not legally binding, they are governed by a voluntary agreement between the government and employer organizations. Unions, employers, and employees effectively observed the terms of collective bargaining agreements. Workers covered by such agreements were employed predominantly in the larger sectors of the economy, including construction, tourism, health care, and manufacturing.

Private-sector employers were able to discourage union activity in isolated cases because of sporadic enforcement of labor regulations prohibiting antiunion discrimination and the implicit threat of arbitrary dismissal for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties were not sufficient to deter violations. The government did not effectively enforce the law, and forced labor occurred. Inspections of the agricultural and domestic service sectors remained inadequate, and resources at the Department of Labor Inspections within the Ministry of Labor were insufficient.

Forced labor occurred primarily in agriculture. Foreign migrant workers, children, and asylum seekers were particularly vulnerable, according to NGOs. Employers reportedly forced foreign workers, primarily from Eastern Europe and East and South Asia, to work up to 15 hours a day, seven days a week, for very low wages and in unsuitable living conditions. From January to September 24, police identified six victims of labor trafficking. Some employers reportedly retained a portion of agriculture workers’ salaries as payment for accommodations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children, defined as persons younger than 15, except in specified circumstances, such as combined work-training programs for children who are at least 14 or employment in cultural, artistic, sports, or advertising activities, subject to rules limiting work hours. The law prohibits night work and street trading by children. The law permits the employment of adolescents, defined as persons ages 15 through 17, subject to rules limiting hours of employment and provided it is not harmful or dangerous. The law prohibits employment of adolescents between midnight and 4 a.m. The minimum age for employment in industrial work is 16. The government effectively enforced the law, and penalties were sufficient to deter violations.

Ministry of Labor and Social Insurance inspectors were responsible for enforcing child labor laws and did so effectively. The Social Welfare Services Department of the ministry and the commissioner for the rights of the child could also investigate suspected cases of exploitation of children at work.

d. Discrimination with Respect to Employment and Occupation

The law prohibits direct or indirect discrimination with respect to employment and occupation based on race, national origin or citizenship, sex, religion, political opinion, gender, age, disability, and sexual orientation. The government did not effectively enforce these laws or regulations. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, and HIV-positive status.

Despite a strong legal framework, the Ministry of Labor and Social Insurance’s enforcement of the law governing employment and labor matters with respect to women was ineffective. The law requires equal pay for equal work. Women experienced discrimination in such areas as hiring, career advancement, employment conditions, and pay. European Institute for Gender Equality data indicated the average pay gap between men and women was 13.7 percent in 2017. NGOs reported the relatively small raw gender pay gap masked significant vertical and occupational gender segregation. The ombudsman reported receiving complaints related to gender discrimination and sexual harassment in the workplace.

Discrimination against Romani migrant workers occurred. Turkish Cypriots faced social and employment discrimination (see section 6).

e. Acceptable Conditions of Work

Although there is no national minimum wage, there are minimum wages for groups deemed vulnerable to exploitation. The minimum wage for shop assistants, clerks, assistant baby and child minders, health-care workers, security guards, cleaners of business premises, and nursery assistants were above the poverty line. The Ministry of Interior established a minimum wage for foreign domestic workers that was well below the poverty line.

Collective bargaining agreements covered workers in almost all other occupations, including unskilled labor. The wages set in these agreements were significantly higher than the poverty level.

Foreign workers were able to claim pensions, and some bilateral agreements allowed workers to claim credit in their home countries. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not effectively do so.

The legal maximum workweek is 48 hours, including overtime. The law does not require premium pay for overtime or mandatory rest periods. The law stipulates that foreign and local workers receive equal treatment. The Department of Labor Relations within the Ministry of Labor and Social Insurance is responsible for enforcing these laws. The penalty for violating the law was sufficient to deter violations but was not adequately enforced. Labor unions reported enforcement problems in sectors not covered by collective agreements, such as small businesses and foreign domestic workers. They also reported that certain employers, mainly in construction and agriculture, exploited undocumented foreign workers by paying them very low wages.

The law protects foreign domestic workers who file a complaint with the Ministry of Labor and Social Insurance from deportation until their cases have been adjudicated. The Department of Labor Relations reported that from January to June, it received 250 complaints from migrant workers against their employers. Of those, 242 were examined by the end of June.

The ombudsman received complaints from foreign domestic workers whose work permits were canceled due to actions of their employers or of the employment agencies representing them and who faced difficulties persuading authorities to allow them to work for a different employer. Some domestic workers complained their employers or employment agencies withheld their passports. The ombudsman was examining the complaints as part of an overall evaluation of the government’s policies on foreign domestic workers. NGOs reported many foreign domestic workers remained reluctant to report contract violations by their employers for fear of losing their jobs and, consequently, their work and residency permits. NGOs reported Department of Labor and police skepticism of complaints about sexual harassment and violence discouraged domestic workers from submitting complaints.

Occupational safety and health standards were appropriate for the main industries. The Department of Labor Inspection in the Ministry of Labor and Social Insurance is responsible for enforcing health and safety laws. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Authorities enforced health and safety laws satisfactorily in the formal sector but not in the informal sector, which included approximately 12 percent of workers. The penalties for failing to comply with work safety and health laws were sufficient to deter violations.

The Ministry of Labor employed an insufficient number of inspectors to effectively enforce labor laws in the agricultural sector and in the informal economy, where the majority of employees were migrant workers and undocumented workers. Inspectors were not allowed to inspect the working conditions of domestic workers in private households without a court warrant.

The Area Administered by Turkish Cypriots

Cyprus – the Area Administered by Turkish Cypriots

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The “law” provides for the rights of workers, except members of police and other Turkish Cypriot security forces, to form and join independent unions of their own choosing without prior authorization. The “law” allows unions to conduct their activities without interference and provides for their right to strike, with the provision that a union notify authorities in writing if members planned to strike for longer than 24 hours. The “law” does not permit “judges,” members of the police force, or other Turkish Cypriot security forces to strike. The “Council of Ministers” has the power to prohibit a strike in any individual sector twice a year for up to 60 days if it affects the general health, security, or public order or if it prevents the provision of essential services. There is no list of what constitutes essential services.

The “law” provides for collective bargaining. The “Ministry of Labor” reported that employers could not condition employment on membership or nonmembership in a union or participation in strikes. The “law” does not provide for reinstatement of workers fired for union activities.

The “government” did not effectively enforce applicable “laws.” Despite having freedom of association and the right to engage in collective bargaining, very few private-sector workers were unionized, according to labor union representatives. A union representative said that if private-sector workers affected business operations while exercising their rights, employers would likely dismiss them. Some companies pressured workers to join unions that the company led or approved. Officials of independent unions claimed authorities created public-sector unions as rivals to weaken the independent unions.

Labor authorities did not conduct adequate inspections. Penalties for employers convicted of violating the “law” were insufficient to deter violations and sporadically enforced.

Public and semipublic employees benefited from collective bargaining agreements. Semipublic employees worked for companies run jointly by public and private enterprises where, for example, the “government” handled administration while the company’s budget came from private sources.

b. Prohibition of Forced or Compulsory Labor

The “law” prohibits all forms of forced or compulsory labor, but the “government” did not effectively enforce it. Penalties for violations of the “law” were not adequate to deter violations.

There were reports of forced labor during the year, primarily in agriculture, construction, and the industrial sector. A labor union representative reported migrant workers in the construction and agricultural sectors were subjected to reduced wages, nonpayment of wages, beatings, and threats of deportation.

A researcher reported that universities were used to smuggle and traffic large numbers of Africans and South Asians. Some foreign students who could not pay their tuition after arriving in the area administered by Turkish Cypriots became vulnerable to exploitation, including forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The “law” prohibits the worst forms of child labor. The minimum age for restricted employment is 15, the last year at which education is compulsory. Employers may hire children between the ages of 15 and 18 in apprentice positions under a special status. Children older than 15 are restricted to not more than six hours of work per day and 30 hours per week. The “law” prohibits children between the ages of 15 and 18 from working during mealtimes, at night, in heavy physical labor, and under dangerous conditions. The “law” also states that every six months the employer must prove, with medical certification, that the physical work done by a child is suitable for children. Written parental consent is also required, and children are entitled to the hourly wage of a full-time employee.

The “Ministry of Labor and Social Security” is responsible for enforcing child labor “laws” and policies. Resources, penalties, and inspections were not sufficient to deter violations.

Authorities did not always effectively enforce the “laws,” and NGOs reported that primarily Turkish children often worked alongside their families in the agricultural, manufacturing, automotive, and construction sectors. NGOs reported children worked in dangerous conditions, such as on construction sites, and were subjected to heavy physical work despite “legal” prohibitions.

Child labor in the urban informal economy was also a problem, albeit to a lesser extent than in agriculture and manufacturing. It was common in family-run shops for children to work after school and for young children to work on family farms.

d. Discrimination with Respect to Employment and Occupation

The “law” generally prohibits discrimination with respect to employment or occupation on the basis of race, sex, gender, disability, language, sexual orientation or gender identity, and social status. The “law” does not specifically address discrimination with respect to religion, political opinion, or HIV-positive status, which were addressed by general “regulations.” Authorities did not effectively enforce the “law.” Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender.

Authorities reported there were more than 49,000 registered foreign workers in the area administrated by Turkish Cypriot authorities, mainly from Turkey, Pakistan, Turkmenistan, Bangladesh, and the Philippines. Foreign migrant workers faced societal discrimination based on their ethnicity, race, and religious belief. Greek Cypriots faced social and employment discrimination.

Women faced sexual harassment in the workplace, but most instances of sexual harassment went unreported. Women held far fewer managerial positions than men.

LGBTI individuals often concealed their sexual orientation and gender identity in the workplace to avoid discrimination. Persons with disabilities routinely found it physically difficult to access workplaces.

e. Acceptable Conditions of Work

The “government” increased the minimum wage during the year, but it remained below the poverty level for a family of four, as inflation and the cost of living outpaced the increase. The “Ministry of Labor and Social Security” is responsible for enforcing the minimum wage, but it did not effectively do so. The penalties for noncompliance were not sufficient to deter violations.

There was premium pay for overtime in the public sector. Premium pay for overtime is also required, but frequently not paid, in the private sector. The “law” prohibits compulsory overtime and provides for paid annual holidays.

Occupational safety and health standards were insufficient. Authorities did not effectively enforce safety and health standards, and the number of inspectors was not sufficient to enforce compliance. Multinational companies reportedly met health and safety standards. Workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment. Authorities commonly deported migrant workers claiming violations. Authorities did not penalize violators, and inspections were not adequate to protect worker rights. The “government” has not established social protections for workers in the informal economy. Accommodations for migrant workers, either as part of their compensation or for those made to pay, were substandard.

There was little improvement in working conditions, particularly in hazardous sectors and for vulnerable groups.

The Republic of Cyprus

Czech Republic

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers the right to form and join independent unions of their choosing without authorization or excessive requirements. The law provides for the right to associate freely for both citizens and foreign workers. Unions are apolitical and independent of the state, and the state must not interfere in their internal affairs. The minimum number of members needed to form a union is three.

The law allows collective bargaining. It prohibits antiunion discrimination and does not recognize union activity as a valid reason for dismissal. Workers in most occupations have the legal right to strike if mediation efforts fail, and they generally exercised this right.

Strikes can be restricted or prohibited in essential service sectors, including health and social care facilities, fire brigades, public utility services, air traffic control, nuclear energy, and the oil and natural gas sector. Members of the armed forces, prosecutors, and judges may not form or join trade unions or strike. Only trade unions may legally represent workers, including nonmembers. When planning a strike, unions are required to inform employers in writing of the number of strikers and provide a list of the members of the strike committee or contact persons for negotiation. They must announce the strike at least three days in advance. While regulations entitle union members to conduct some union activities during work hours, they do not specify how much time workers may use for this purpose, leaving room for diverse interpretations on the part of employers.

The law protects union officials from dismissal by an employer during their term of union service and for 12 months after its completion. To dismiss a union official, an employer must seek prior consent from the employee’s unit within the union. If the union does not consent, the dismissal notice is invalid.

The government worked to enforce such laws effectively and permitted unions to conduct their activities without interference. Government resources for inspections and remediation were adequate, and legal penalties in the form of fines were sufficient to deter violations.

The Czech-Moravian Confederation of Trade Unions (CMKOS) reported violations of the labor law and trade union rules continued during the year. CMKOS also reported violations and cases of discrimination, including employers raising administrative obstacles to collective bargaining, threatening to dismiss employees who asserted their union rights, including refusing to terminate union activities, or attempting to form unions.

Union and nonunion employees often preferred to switch jobs rather than file a formal complaint. Employees would usually file complaints only if the employer stopped paying wages.

During the year labor unions most frequently used strikes and strike alerts to advance their goals. Strikes and strike alerts predominantly targeted wages.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced these prohibitions. Resources, inspections, and remediation were adequate. Penalties were sufficient to deter violations.

Forced labor trafficking is the second most common form of trafficking after sex trafficking. There were reports men and women, including migrant workers, were subject to forced labor trafficking, typically through debt bondage. The Ministry of Interior reported 11 total victims (all women) of trafficking in 2018, compared to 14 victims (10 women and four men) in 2017. The victims were from the Philippines, Romania, Sierra Leone, the Slovak Republic, and Ukraine. Private labor agencies often used deceptive practices to recruit workers from abroad, as well as from inside the country, despite very high demand in the country’s labor market. Foreign applicants that used private labor agencies mostly came from Romania, Bulgaria, the Philippines, and Nepal. Forced laborers often worked in the construction industry or seasonal types of work.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 15. Employment of children between the ages of 15 and 18 was subject to strict safety standards, limitations on hours of work, and the requirement that work not interfere with education.

The law permits children younger than 15 (or who have not completed mandatory elementary education) to only work in certain areas: cultural and artistic activities, advertising, product promotion, and certain modeling and sports activities. A child younger than 15 may work only if he or she obtains a positive health assessment from a pediatrician and prior approval by the Labor Office. Work permits for children are issued for 12 months. Resources, inspections, and remediation were adequate. The State Bureau for Labor Inspections (SBLI) effectively enforced these regulations. Penalties for infringement of these laws and regulations were sufficient to deter violations. The SBLI did not report any child labor law violations during the year.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit any kind of discrimination based on nationality, race, color, religion, political opinion, national origin, sex, sexual orientation or gender identity, age, disability, HIV-positive status or presence of other communicable diseases, social status, or trade union membership.

The SBLI conducted checks for unequal treatment and discrimination in 2018 and imposed penalties for violations of discrimination laws, mostly noncompliance with the requirement to employ a specific number of persons with disabilities, gender and age-based discrimination, or the publication of discriminatory job advertisements. The SBLI recorded a decrease in unequal treatment and discrimination at work in 2018 compared to 2017. According to CMKOS, labor discrimination cases usually involved gender pay gaps.

Women’s salaries lagged behind men’s by approximately 22 percent.

In March Prague Gas, a state-owned company, apologized to a woman for discriminating against her while selecting a new financial manager. The woman sued in 2006 and requested an apology, appointment to the position, and financial compensation of one million crowns ($43,000). In 2017 a court ordered the company to apologize, and the appellate court upheld the decision in November 2018. The courts rejected the woman’s other claims. She asked the Supreme Court to review the decision.

At the beginning of the year, the Prague Municipal Court ruled a woman who was demoted from a management position two days before starting maternity leave faced gender discrimination. The court ordered a public apology and for a new judge to review the case, criticizing the previous judge for not requiring the Office of the Government to prove the woman was demoted for bad performance. The victim was the former head of the human rights section at the Office of the Government in 2011.

Associations supporting HIV-positive individuals reported cases of discrimination. HIV-positive individuals are not legally obligated to report their diagnosis to their employer unless it prevents them from executing their duties. Some employers dismissed HIV-positive employees due to prejudices of other employees. To avoid accusations of discrimination, employers justified such dismissals on administrative grounds, such as redundancy.

In November 2017 the Prague Municipal Court upheld the classification of HIV as a disability following the wrongful termination of an HIV-positive police officer. The court also stated the termination was in line with an applicable internal ministerial decree. The Supreme Court reversed the Municipal Court’s ruling in October 2018 and returned the case to the police president for final decision.

According to an ombudsperson’s report, discrimination at work accounted for the greatest number of complaints delivered to the ombudsperson’s office in 2018. Racial and ethnic discrimination made up the largest category of complaints followed by discrimination based on disability or age.

e. Acceptable Conditions of Work

The Ministry of Labor and Social Affairs establishes and enforces minimum wage standards. The minimum wage is above the “minimum subsistence cost,” which is defined as the minimum amount needed to satisfy the basic needs of a working-age adult for a month. Enforcement of the minimum wage was one of the primary objectives of SBLI inspections.

The law provides for a 40-hour workweek, two days of rest per week, and a 30-minute break during the standard eight-hour workday. Employees are entitled to at least 20 days of paid annual leave. Employers may require up to eight hours per week of overtime to meet increased demand but not more than 150 hours of overtime in a calendar year. Additional overtime is subject to the employee’s consent. The labor code requires premium pay for overtime that is equal to at least 125 percent of average earnings.

The government set occupational health and safety standards that were appropriate for the country’s main industries. The labor code requires employers to provide health and safety protections in the workplace, maintain a healthy and safe work environment, and prevent health and safety risks.

The government effectively enforced the law. SBLI inspectors conducted checks for labor code compliance and imposed penalties that were sufficient to deter violations. SBLI’s labor inspection plan typically focused on sectors with high-risk working conditions, such as construction, agriculture, and forestry, handling of hazardous chemicals, and transport.

Employers sometimes ignored standard requirements for work conditions in situations involving migrant workers. Relatively unskilled foreign workers from less developed countries were sometimes dependent on temporary employment agencies to find and retain work. Migrants sometimes worked in substandard conditions. Most commonly, salaries were paid to the agencies, which then garnished them, resulting in workers receiving subminimum wages, working overtime without proper compensation, or working without compensation. Since migrant workers seldom filed formal complaints of such abuses, authorities had few opportunities to intervene.

There were 44,365 registered workplace injuries in 2018, 576 fewer than 2017. There were 123 fatal accidents in 2018, compared to 95 in 2017, largely due to a mining accident. Most workplace injuries and deaths occurred in the agriculture, forestry, transport, construction, warehousing, and processing industries. According to the SBLI, the most common causes of injuries or fatal incidents included: underestimated risk, falls from height, irresponsible application of dangerous work procedures and techniques, unauthorized conduct or remaining in hazardous zones, and failure to observe safety instructions.

Workers may remove themselves from situations that endanger their health or safety without jeopardizing their employment, and the SBLI enforced this standard relatively consistently.

Denmark

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law states all workers may form or join independent unions. The law provides for the right to collective bargaining and to legal strikes but does not provide nonresident foreign workers on Danish ships the right to participate in the country’s collective bargaining agreements. It allows unions to conduct their activities without interference and prohibits antiunion discrimination.

These laws were effectively enforced. Resources, inspections, and remediation including supporting regulations were adequate. Penalties were sufficient to deter violations. Breaches of collective agreement are typically referred to industrial arbitration tribunals to decide whether there was a breach. If the parties agree, the Labor Court may deal with cases that would otherwise be subject to industrial arbitration. Penalties for violation are determined on the facts of the case and with due regard to the degree that the breach of agreement was excusable. Penalties were sufficient to deter violations.

Employers and the government generally respected freedom of association and the right to collective bargaining. Annual collective bargaining agreements covered members of the workforce associated with unions and indirectly affected the wages and working conditions of nonunion employees.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced this prohibition. The law prescribes penalties that were generally sufficient to deter violations. The number of victims of forced labor identified in 2018 increased significantly, with 47 percent of the total number of identified trafficking victims (97) engaged in forced labor compared with 1 percent in 2017. Men and women working in agriculture, cleaning, construction, factories, hospitality, restaurant, and trucking were most likely to face conditions of forced labor.

In November 2018 the trade magazine 3F reported that hundreds of Filipino truck drivers employed by Kurt Beier Transport lived in “slum-like conditions” in Padborg. The transport company provided containers behind barbed wire as accommodation and paid the drivers as little as 15 kroner ($2.25) per hour. Twenty-six drivers cooperated with authorities.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The minimum legal age for full-time employment is 15. The law sets a minimum age of 13 for part-time employment and limits school-age children to less strenuous tasks. The law limits work hours and sets occupational health and safety restrictions for children, and the government effectively enforced these laws. Minors may not operate heavy machinery or handle toxic substances, including harsh detergents. Minors may only carry out “light work” that is the equivalent of lifting no more than 26.4 pounds from the ground and 52.8 pounds from waist height. For minors working in jobs where there is a higher risk of robbery, such as a snack bar, kiosk, bakery, or gas station, a coworker above the age of 18 must always be present between the hours of 6:00 p.m. and 6:00 a.m. on weekdays and 2:00 p.m. and 6:00 a.m. on weekends.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination, and the government generally enforced these laws effectively. Penalties for violations include fines and imprisonment and are generally sufficient to deter violations.

Danish gender equality law does not apply to Greenland, but Greenland’s own law prohibits gender discrimination. Greenland has no antidiscrimination laws in employment and Danish antidiscrimination laws do not apply to Greenland.

e. Acceptable Conditions of Work

The law does not mandate a national minimum wage, and unions and employer associations negotiated minimum wages in collective bargaining agreements. These wages were more than the estimate for the poverty income level. The law requires equal pay for equal work; migrant workers are entitled to the same minimum wages and working conditions as other workers.

Workers generally worked a 37.5-hour week established by contract rather than law. Workers received premium pay for overtime, and there was no compulsory overtime. Working hours are set by collective bargaining agreements and adhere to the EU directive that average workweeks not exceed 48 hours.

The law prescribes conditions of work, including safety and health standards, and authorities enforced compliance with labor regulations. Minimum wage, hours of work, and occupational safety and health standards were enforced effectively in all sectors, including the informal economy. Penalties for safety and health violations, for both employees and employers, include penalties that are sufficient to deter violations. The Danish Working Environment Authority (DWEA) under the Ministry of Employment may settle cases subject only to fines without trial.

The Ministry of Employment is responsible for the framework and rules regarding working conditions, health and safety, industrial injuries, financial support, and disability allowances. DWEA is responsible for enforcing health and safety rules and regulations. This is carried out through inspection visits as well as guidance to companies and their internal safety organizations. DWEA’s scope applies to all industrial sectors except for work carried out in the employer’s private household, exclusively by members of the employer’s family, and by military personnel. The Danish Energy Agency is responsible for supervision of offshore energy installations, the Maritime Authority is responsible for supervision of shipping, and the Civil Aviation Administration is responsible for supervision in the aviation sector.

DWEA has authority to report violations to the police or the courts if an employer fails to make required improvements by the deadline set by DWEA. Court decisions regarding violations were released to the public and show past fines imposed against noncompliant companies or court-ordered reinstatement of employment. Greenland and the Faroe Islands have similar work conditions, except in both cases collective bargaining agreements set the standard workweek at 40 hours.

Workers can remove themselves from situations they believe endanger their health or safety without jeopardy to their employment, and authorities effectively protected employees in these situations. The same laws protect legal immigrants and foreign workers and apply equally to both categories of workers.

The number of labor inspectors is sufficient to enforce compliance. DWEA effectively enforced labor health and safety standards in all sectors, including enforcement of limiting the hours worked per week. Vulnerable groups generally include migrant and seasonal laborers, as well as young workers. DWEA registered 15 individual workplace fatalities. The most recent report was from May 23, in which a 59-year-old self-employed man fell from a staircase.

Estonia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, related regulations, and statutory instruments provide workers with the right to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law allows unions to conduct their activities without interference and prohibits antiunion discrimination. Both employees and employers have the right to request that labor dispute committees, consisting of representatives of unions and employers, or the courts resolve individual labor disputes. The law prohibits discrimination against employees because of union membership and requires the reinstatement of workers fired for union activity. Public-sector employees do not have the right to strike, but they can negotiate their salaries and working conditions directly with their employers.

The government generally enforced applicable laws. Resources, inspections, and remediation were usually adequate to achieve compliance with the law. In most cases, violators incurred fines that were sufficient to deter violations. Criminal proceedings and civil claims were also available. The penalties employers had to pay were related primarily to workplace accidents and occupational illnesses. Administrative and judicial procedures were not subject to lengthy delays.

The government and most employers generally respected freedom of association and the right to bargain collectively. Parties freely engaged in collective bargaining, and there were no reports that the government or parties interfered in the functioning of workers’ organizations.

The Confederation of Estonian Trade Unions alleged frequent violations of trade union rights in the private sector during the year. Confederation officials claimed antiunion behavior was widespread. They also reported that some enterprises advised workers against forming trade unions, threatening them with dismissal or a reduction in wages if they did, or promising benefits if they did not.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and the government effectively enforced the law. Authorities prosecuted and convicted five persons for labor-related trafficking crimes during the year. Penalties for human trafficking and forced-labor offenses were sufficient to deter violations, but sentences often failed to reflect the seriousness of the crime.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. In most cases, the legal minimum age for employment is 18. A 2017 amendment to the law removed several restrictions on hiring minors and made it possible for companies to apply for support for minors’ salaries. Minors who have graduated from basic school may work full time. Fifteen- to 17-year-old children may work, depending on whether the child is still at school. Seven- to 12-year-old children may engage in light work in the areas of culture, art, sports, or advertising with the consent of the Labor Inspectorate. Minors may not perform hazardous work, such as handling explosive substances, working with wild animals, etc. The law limits the hours that children may work and prohibits overtime or night work. The Labor Inspectorate is responsible for enforcing these laws. The government effectively enforced laws and policies to protect children from exploitation in the workplace. The Labor Inspectorate monitored whether the conditions for child workers were appropriate.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government generally enforced the law prohibiting discrimination in employment and occupation, and penalties were sufficient to deter violations. If workers claimed discrimination and turned to the courts, and the Labor Inspectorate or gender equality commissioner and the appropriate institution found the suit justified, workers were indemnified by employers. With respect to employment or occupation, labor laws and regulations require employers to protect employees against discrimination, follow the principle of equal treatment, and promote equal treatment and gender equality. Nevertheless, discrimination in employment or occupation occurred with respect to age, gender, disability, ethnicity, and language (see section 6), and there were complaints to the gender and equal treatment commissioner, the legal chancellor, and the Labor Inspectorate.

Although women have the same rights as men under the law and are entitled to equal pay for equal work, employers did not always respect these rights. Despite having a higher average level of education than men, according to Eurostat statistics in March, women’s average earnings were 25.2 percent lower than those of men for the same work. There continued to be female- and male-dominated professions. Women constituted one-third of mid-level managers.

Fewer than 25 percent of persons with disabilities had jobs. During the year the legal chancellor and the commissioner for gender equality and equal treatment received claims of discrimination based on disability. Persons with disabilities faced discrimination in employment and access to the workplace.

Russian speakers worked disproportionately in blue-collar industries and continued to experience higher unemployment than ethnic Estonians. Some citizens and noncitizen residents, particularly native speakers of Russian, alleged that the language requirement resulted in job and salary discrimination. Roma reportedly faced discrimination in employment (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The country had a national monthly minimum wage that was higher than the poverty income level. Authorities generally enforced minimum wage laws, and penalties were sufficient to deter violations.

The standard workweek is 40 hours. The law requires a rest period of at least 11 hours in sequence for every 24-hour period. Reduced working time is required for minors and for employees who perform work that is underground, poses a health hazard, or is of an otherwise special nature. The law provides for paid annual holidays and requires overtime pay of not less than 150 percent of the employee’s hourly wage. The government effectively enforced these requirements. There is no prohibition against excessive compulsory overtime.

The government sets occupational health and safety standards. Authorities generally enforced minimum wage, hours of work, and occupational health and safety standards in all sectors. The Labor Inspectorate, the Health Protection Inspectorate, and the Technical Inspectorate were responsible for enforcing these standards and made efforts to do so in both the formal and informal sectors. Violations of health and safety standards were more common in the construction and wood-processing industries. The Labor Inspectorate had an adequate number of inspectors to enforce compliance. Penalties for violations included fines and were sufficient to deter violations. Men from Ukraine experienced labor exploitation, particularly in the construction sector, where “envelope wages” (nontaxed cash payments) were sometimes paid. The share of informal wage payments relative to the total wages paid across the economy decreased from 6.2 percent in 2018 to 4.7 percent during the year.

Finland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and any restriction or obstruction of these rights.

The government effectively enforced all applicable laws regarding the freedom of association and the right to collective bargaining. Workers without permanent residence may not be eligible to join voluntary unemployment insurance funds. Employers who violate the rights of employees to organize and retain employee representatives may face administrative measures, legal proceedings, and fines. The penalties were generally sufficient to deter violations. Authorities and employers generally respected freedom of association and the right to collective bargaining, and there were no reports of violations. All workers, regardless of sector union membership, or nationality, are entitled to the same wages negotiated between employers and trade unions via generally applicable collective agreements.

The law does not permit public-sector employees who provide “essential services,” including police officers, firefighters, medical professionals, and border guards, to strike. An official dispute board can make nonbinding recommendations to the cabinet on ending or limiting the duration of strikes when they threaten national security. Employees prohibited from striking can use arbitration to provide for due process in the resolution of their concerns.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law. Penalties for forced or compulsory labor depend on the severity of the crime but were generally sufficient to deter violations. Despite strong penalties for violations, some cases of persons subjected to conditions of forced labor in the country were reported during the year.

Men and women working in the restaurant, cleaning, construction, and agriculture industries were the most likely to face conditions of forced labor. The sexual services sector, legal in certain circumstances, also saw incidences of trafficking and forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor but allows persons between the ages of 15 and 18 to enter into a valid employment contract as long as the work does not interrupt compulsory education. It provides that workers who are 15 to 18 years of age may not work after 10 p.m. or under conditions that risk their health and safety, which the Ministry of Social Affairs and Health defines as working with mechanical, chemical, physical, or biological hazards or bodily strain that may result from lifting heavy loads.

Penalties for violations of child labor regulations are sufficient to deter violations. The Ministry of Economic Affairs and Employment effectively enforced child labor regulations. There were no reports of children engaged in work outside the parameters established by law.

d. Discrimination with Respect to Employment and Occupation

The Occupational Safety Administration (OSHA) received 500 reports of work-place discrimination in 2018. Of the 157 reports that resulted in further inspection, 7 percent concerned ethnicity, nationality, language, or religion, a number similar to previous years, 12 percent concerned age discrimination, and 2 percent concerned disability. The government effectively enforced applicable laws against employment discrimination.

e. Acceptable Conditions of Work

While there is no national minimum wage law, the law requires all employers, including nonunionized employers, to pay the minimum wages stipulated in collective bargaining agreements. Authorities adequately enforced wage laws.

The standard workweek established by law is no more than 40 hours of work per week with eight hours work per day. Because the law does not include a provision regarding a five-day workweek, regular work hours may, at least in principle, span six days. The regular weekly work hours can also be arranged so that the average is 40 hours over a period of no more than 52 weeks. Certain occupations, such as seamen, household workers, road transport workers, and workers in bakeries, are subject to separate workweek regulations. The law entitles employees working shifts or during the weekend to one 24-hour rest period per week. The law limits a worker to 250 hours of overtime per year and 138 overtime hours in any four-month period.

The Ministry of Economic Affairs and Employment is responsible for labor policy and implementation, drafting labor legislation, improving the viability of working life and its quality, and promoting employment. The Ministry of Social Affairs and Health is responsible for enforcement of labor laws and regulations. In addition, OSHA enforces appropriate safety and health standards and conducts inspections at workplaces. Individuals who commit work safety offenses are subject to a fine or imprisonment for a maximum of one year; individuals who commit working hours’ offenses are subject to a fine or imprisonment for a maximum of six months. The center informs employers of inspections in advance unless a surprise inspection is necessary for enforcement purposes. A subsequent inspection report gives employers written advice on how to remedy minor defects. In the case of serious violations, the inspector issues an improvement notice and monitors the employer’s compliance. When necessary, OSHA may issue a binding decision and impose a fine. If a hazardous situation involved a risk to life, an inspector can halt work on the site or issue a prohibition notice concerning the source of risk.

Authorities adequately enforced wage and overtime laws. Government resources, inspections, and penalties were adequate to deter most violations.

The law requires employees to report any hazards or risks they discover in working conditions, including in machinery, equipment, or work methods. The law also requires employees, where possible, to correct dangerous conditions that come to their attention. Such corrective measures must be reported to the employer.

France

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor law provide workers the right to form and join unions of their choice without previous authorization or excessive requirements. The law provides for the right to bargain collectively and allows unions to conduct their activities without interference. Workers, except those in certain essential services such as police and the armed forces, have the right to strike unless the strike threatens public safety. The law prohibits antiunion discrimination and forbids removing a candidate from a recruitment procedure for asking about union membership or trade union activities. The Ministry of Labor treats such discrimination as a criminal offense and prosecutes cases of discrimination by both individuals and companies.

Penalties were generally sufficient to deter violations, although union representatives noted antiunion discrimination occasionally occurred, particularly in small companies.

Public-sector workers must declare their intention to strike at least 48 hours before the strike commences. In addition a notification of intent to strike is permissible only after negotiations between trade unions and employers have broken down. Workers are not entitled to receive pay while striking. Wages, however, may be paid retroactively. Health-care workers are required to provide a minimum level of service during strikes. In the public transportation (buses, metro) and rail sectors, the law requires the continuity of public services at minimum levels during strikes. This minimum service level is defined through collective bargaining between the employer and labor unions for each transportation system. For road transportation strikes, the law on minimum service provides for wages to be calculated proportionally to time worked while striking. Transportation users must also receive clear and reliable information on the services that would be available in the event of a disruption. Authorities effectively enforced laws and regulations, including those prohibiting retaliation against strikers.

Workers freely exercised their rights to form and join unions and choose their employee representatives, conduct union activities, and bargain collectively. Most workers’ organizations stressed their independence vis-a-vis political parties. Some union leaders, however, did not conceal their political affiliations. Union representatives noted that antiunion discrimination occasionally occurred, particularly in small companies.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law recognizes the offenses of forced labor and forced servitude as crimes. The government effectively enforced the law, and penalties were sufficient to deter violations. The government also provided financial support to NGOs that assist victims.

Men, women, and children, mainly from Eastern Europe, West Africa, and Asia, were subject to forced labor, including domestic servitude (also see section 7.c.). There were no government estimates of the extent of forced labor among domestic workers; however, in 2018 the NGO Committee against Modern Slavery assisted 181 victims of forced labor, 75 percent of whom were women.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16, with exceptions for persons enrolled in certain apprenticeship programs or working in the entertainment industry, who are subject to further labor regulations for minors. The law generally prohibits persons younger than 18 from performing work considered arduous or dangerous, such as working with dangerous chemicals, high temperatures, heavy machinery, electrical wiring, metallurgy, dangerous animals, working at heights, or work that exposes minors to acts or representations of a pornographic or violent nature. Persons younger than 18 are prohibited from working on Sunday, except as apprentices in certain sectors, including hotels, cafes, caterers, and restaurants. Youth are prohibited from working between 8 p.m. and 6 a.m. when they are younger than 16 and between 10 p.m. and 6 a.m. when they are between 16 and 18.

The government effectively enforced labor laws, although some children were exploited in the worst forms of child labor, including commercial sexual exploitation (also see section 6, Children) and forced criminal activity. Inspectors from the Ministry of Labor investigated workplaces to enforce compliance with all labor statutes. To prohibit violations of child labor statutes, inspectors may place employers under observation or refer them for criminal prosecution. Penalties for the use of child labor proved generally sufficient to deter violations.

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 French overseas collective of Wallis and Futuna.

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination based upon an individual’s national origin; sex; customs; sexual orientation; gender identity; age; family situation or pregnancy; genetic characteristics; particular vulnerability resulting from an economic situation that is apparent or known to the author of the discrimination; real or perceived ethnicity, nationality or race; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence or location of a person’s bank; state of health; loss of autonomy or disability; and ability to express oneself in a language other than French. Authorities generally enforced this prohibition, and penalties were sufficient to deter violations in this area. The International Labor Organization raised concerns that the labor code does not prohibit discrimination based on social origin.

A gender equality law provides measures to reinforce equality in the workplace as well as sanctions against companies whose noncompliance could prevent women from bidding for public contracts. The law also requires employers to conduct yearly negotiations with employees on professional and pay equity between women and men in companies with more than 50 employees.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Romani community faced employment discrimination. The law requires that women receive equal pay for equal work. In March, INSEE released a study indicating that in 2015, the most recent year for which data were available, women working the equivalent of full time earned 18.5 percent less than men.

The Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) and the fund for the Inclusion of Persons with Disabilities in the Public Service released an audit in June that showed unemployment among persons with disabilities stood at 18 percent (515,531 individuals) in 2018, compared with 9 percent unemployment for the general population. Job seekers with disabilities stayed out of work for 832 days on average, compared with 630 days for the general population. They were also older, on average, than the general population: some 50 percent of job seekers with disabilities were 50 years or older, although they constituted just 26 percent of all job seekers.

The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. Noncompliant companies must contribute to a fund managed by AGEFIPH. The funds go to financial support for persons with disabilities seeking employment or firms employing persons with disabilities, research and analysis on disability employment issues, and support for employment retention of persons with disabilities. Approximately 51 percent of private-sector enterprises (41,270) met the workforce requirement in 2018, while the companies that did not complete the requirement contributed to a 400-million euro ($440 million) fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. In 2017 President Macron initiated a plan to promote the inclusion of workers with disabilities in the workplace. Companies required to employ disabled workers must complete an annual mandatory declaration regarding employment of disabled workers before March 1 of each year. The declaration documents company procedures for fulfilling the obligation to employ workers with disabilities.

e. Acceptable Conditions of Work

The minimum wage adequately met the poverty-line income level, which employers in the formal sector generally adhered to. The government effectively enforced wage laws, and penalties were sufficient to deter violations.

The official workweek is 35 hours, although companies may negotiate exceptions with employees. The maximum number of working days for workers is 235 days per year. Maximum hours of work are set at 10 hours per day, 48 hours per week, and an average of 44 hours per week during a 12-week work period. Workdays and overtime hours are fixed by a convention or an agreement in each sector in accordance with the labor code. Under an executive order signed in 2017, companies with fewer than 50 employees may negotiate working conditions directly with employees without involvement of labor unions.

The law gives employees the “right to disconnect” digitally from their work. Companies with 50 or more employees must negotiate the use of digital tools with employees or their collective bargaining units and publish clear rules on “the right to disconnect” from email, text messages, and other electronic communications after working hours.

Employees are entitled to a daily rest period of at least 11 hours and a weekly break of at least 24 hours. Employers are required to give workers a 20-minute break during a six-hour workday. Premium pay of 25 percent is mandatory for overtime and work on weekends and holidays; the law grants each worker five weeks of paid leave per year for a full year of work performed. The standard amount of paid leave is five weeks per year (2.5 weekdays per month, equivalent to 30 weekdays per year). Some companies also allowed other compensatory days for work in excess of 35 hours to 39 hours per week, called “spare-time account.” Work in excess of 39 hours per week was generally remunerated.

The government sets occupational health and safety standards in addition to those set by the EU. Government standards cover all employees and sectors. Individual workers could report work hazards to labor inspectors, unions, or their company health committee (for companies with more than 50 employees). Workers have a right to remove themselves without fear of reprisal from a situation presenting grave and imminent danger.

The Ministry of Labor enforced the law governing work conditions and performed this responsibility effectively, in both the formal and the informal economy. The government permitted salaries below the minimum wage for specific categories of employment, such as subsidized jobs and internships, that must conform to separate and clearly defined standards. Labor inspectors enforced compliance with the labor law. Disciplinary sanctions at work are strictly governed by the labor code to protect employees from abuse of power by their employers. Employees could pursue appeals in a special labor court up to the Court of Cassation (Supreme Court). Sanctions depend on the loss sustained by the victim and were usually applied on a case-by-case basis.

Penalties for labor violations depend on the status of the accused and were generally sufficient to deter violations.

Immigrants were more likely to face hazardous work, generally because of their concentration in sectors such as agriculture, seasonal employment, construction, and hospitality services. On September 23, three Bulgarians and a French citizen were detained and indicted on charges of exploiting 160 Bulgarian grape harvesters in the Beaujolais region of the country. The accused recruited Bulgarians for seasonal work, forced the men to sign French-language contracts that they did not understand, and retained the majority of their wages. French law enforcement officers worked with Bulgarian authorities and the French Central Office against Illegal Work, in coordination with Europol, to discontinue the operation.

Georgia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law generally provides for the right of most workers, including government employees, to form and join independent unions, to legally strike, and to bargain collectively. Employers are not obliged, however, to engage in collective bargaining, even if a trade union or a group of employees wishes to do so. The law permits strikes only in cases of disputes where a collective agreement is already in place. While strikes are not limited in length, the law limits lockouts to 90 days. A court may determine the legality of a strike, and violators of strike rules may face up to two years in prison. Although the law prohibits employers from discriminating against union members or union-organizing activities in general terms, it does not explicitly require reinstatement of workers dismissed for union activity.

Certain categories of workers related to “human life and health,” as defined by the government, were not allowed to strike. The International Labor Organization noted the government’s list of such services included some it did not believe constituted essential services directed related to human life and health and cited as examples restrictions on all employees in “cleaning municipal departments; natural gas transportation and distribution facilities; and oil and gas production, preparation, oil refinery and gas processing facilities.” The government provided no compensation mechanisms for this restriction.

The government did not effectively enforce laws that provide for workers’ freedom of association and prohibit antiunion discrimination, and violations of worker rights persisted. There were no effective penalties or remedies to address arbitrary dismissal, and legal disputes regarding labor rights were subject to lengthy delays. Without a fully functioning labor inspectorate and mediation services in the Ministry of Health, Labor, and Social Affairs, the government was unable to enforce collective bargaining agreements (as required by law) or provide government oversight of employers’ compliance with labor laws. Employees who believed they were wrongfully terminated must file a complaint in a local court within one month of their termination.

In February parliament passed a law on occupational safety and health (OSH) that expanded the mandate of the Labor Inspectorate to inspect for OSH in all sectors of the economy, not just the hazardous, harmful, and heavy industries covered by the previous law. On September 1, the law entered into force.

Workers generally exercised their right to strike in accordance with the law but at times faced management retribution. The Georgian Trade Union Confederation (GTUC) reported that the influence of employer-sponsored “yellow” unions in the Georgian Post and Georgian Railways continued and impeded the ability of independent unions to operate. NGOs promoting worker rights did not report government restrictions on their work.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government’s enforcement of the laws was not always effective. Forced labor is a criminal offense with penalties for conviction that would be sufficient to deter violations; the low number of investigations into forced or compulsory labor, however, offset the effect of strong penalties and encouraged the use of forced and compulsory labor.

The Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported that it found no cases of forced or compulsory labor, although the GTUC claimed this was because the labor inspectorate still lacked enough inspectors to cover the country effectively. The law permits the ministry’s inspection department to make unannounced visits to businesses suspected of employing forced labor or human trafficking. The ministry reported that, as of August, it had inspected 100 companies on suspicions of human trafficking and forced labor. The Ministry of Justice, the Ministry of Internal Affairs, and the International Organization for Migration provided training on forced labor and human trafficking for inspectors.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum legal age for employment is generally 16, although in exceptional cases children may work with parental consent at 14. Children younger than 18 may not engage in unhealthy, underground, or hazardous work; children who are 16 to 18 are also subject to reduced workhours and prohibited from working at night. The law permits employment agreements with persons younger than 14 in sports, the arts, and cultural and advertising activities.

In March 2018 the government adopted a National Human Rights Action Plan that includes a chapter on children’s rights. The Ministry of Labor, Health, and Social Affairs reported that it found two cases of child labor law violations as of October. Inspectors referred both cases to the Social Service Agency and suspended activity at the two work sites. The low number of investigations into child labor made it unclear how effectively the government enforced the law. Depending on the offense, conviction of child labor law violations is punishable by fine, removal of operating permits, community service, probation, or imprisonment.

According to the National Child Labor Study for 2016, the latest year for which data were available, the majority of working children (an estimated 83 percent) were employed in agriculture, mainly helping self-employed family members in a family enterprise or farm. In older age groups, children became increasingly involved in other industries. Many children younger than 16 worked on small, family-owned farms. In most cases authorities did not consider this work as abusive or categorized as child labor. In some ethnic minority areas, family farm obligations interfered with school attendance, and school participation by ethnic minority children was especially low. Some families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti (where there was also a significant ethnic Azeri population) worked on distant pastures for six to nine months a year, so their children seldom attended school. Estimates of the number of children affected were not available.

Street begging remained the most visible form of child labor, especially in Tbilisi. In July 2018 UNICEF reported children of street families and unaccompanied children moved following the agricultural and tourist seasons, including to tourist sites along the Black Sea during the summer. Such children were vulnerable to violence and did not have access to either education or medical services beyond emergency care.

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 law prohibits discrimination in employment, but it does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The law further stipulates that discrimination is considered “direct or indirect oppression of a person that aims to or causes the creation of a frightening, hostile, disgraceful, dishonorable, and insulting environment.”

The government only sometimes effectively enforced these laws due to the lack of a fully functioning labor inspectorate. In May parliament passed amendments to the labor code that strengthened protections against sexual harassment in the workplace and empowered the PDO to investigate cases upon referral. The country continued to lack a body capable of proactively investigating workplaces to identify discriminatory practices.

Discrimination in the workplace was widespread. The GTUC reported cases of discrimination based on age, sexual orientation, and union affiliation. Companies and public workplaces frequently reorganized staff to dismiss employees who had reached the qualifying age to receive a pension. In addition, vacancy announcements often included age requirements as preconditions to apply for a particular position. The GTUC reported widespread instances of harassment in both the public and private sectors based on union affiliation, notably in the railway and postal services.

While the law provides for equality in the labor market, NGOs and the Ministry of Labor, Health, and Social Affairs agreed that discrimination against women in the workplace existed and was underreported. Although some observers noted continuing improvement in women’s access to the labor market, women were overrepresented in low-paying, low-skilled positions, regardless of their professional and academic qualifications, and salaries for women lagged behind those for men.

There was some evidence of discrimination in employment based on disability. There were also reports of informal discrimination against members of Romani and Azerbaijani Kurdish populations in the labor market.

e. Acceptable Conditions of Work

The minimum wage for both state- and private-sector employees was below the official subsistence income level. Employers did not apply the official minimum wage, however, since the lowest paid jobs in the private sector were typically significantly higher than the minimum wage.

The law provides for a 40-hour workweek and a weekly 24-hour rest period unless otherwise determined by a labor contract. Overtime is defined as work by an adult employee in excess of the regular 40-hour workweek, based on an agreement between the parties. An executive order establishes essential services in which overtime pay may not be approved until employees work more than 48 hours a week. Shifts must be at least 12 hours apart. Employees are entitled to 24 calendar days of paid leave and 15 calendar days of unpaid leave per year. Pregnant women or women who have recently given birth may not be required to work overtime without their consent. Minors who are 16 to 18 may not work in excess of 36 hours per week. Minors who are 14 or 15 may not work in excess of 24 hours per week. Overtime is only required to “be reimbursed at an increased rate of the normal hourly wage…defined by agreement between the parties.” The law does not explicitly prohibit excessive overtime. Inspectors did not have the ability to inspect workplaces, or levy fines or other penalties on employers for overtime or wage violations. Penalties were inadequate to deter violations.

Provisions of the OSH law concerning the compulsory insurance of employees by the employer against accidents came into force on January 1. In addition, on September 1, amendments to the OSH law came into force, establishing OSH standards for all sectors of the economy, and providing the labor inspectorate the authority to inspect workplaces and issue fines on employers who do not meet those standards. The Labor Inspectorate reported it inspected 36 companies on labor safety grounds and 100 on forced labor grounds as of October. On October 9, the Labor Inspectorate fined the Chinese Railway 23rd Bureau Group 50,000 lari ($17,000) for violating safety rules that resulted in the death of a worker. In general the number of inspectors was insufficient to enforce compliance fully, but the Labor Inspectorate maintained it was actively working on selecting and training new inspectors.

In June 2018 parliament passed legislation on social workers that established a minimum salary of 1,200 lari ($408), provided for an increase in the number of social workers, particularly at the municipal level, and created ongoing training programs for both new and existing social workers. These training sessions commenced in the spring, and on December 10, parliament passed a budget obligating funds for the salary increase and costs of the additional workforce.

Employer violations of workers’ rights persisted, and it was difficult for workers to remove themselves from hazardous situations without jeopardizing their employment. Workers hired on fixed term contracts frequently feared that calling employers’ attention to situations that endangered health or safety would be cause for employers not to renew their contract.

Conditions for migrant workers were generally unregulated. While the government did not keep specific statistics of migrant laborers in the country, the Public Services Development Agency issued up to 5,000 residence permits to migrant workers. According to the International Organization for Migration, a significant number of migrant workers came to the country to work in the tourism industry or on foreign-financed projects, where they lived at the worksite. Migrants who arrived in the country without previously secured jobs were unable to find concrete employment opportunities and had insufficient resources to remain in the country or finance their return home.

NGOs reported that a significant number of workers were employed in the informal economy and were often exploited in part because of the frequent lack of employment contracts. Such conditions, they alleged, were common among those working as street vendors or in unregulated bazaars.

The Labor Inspectorate of the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported that 38 persons were killed and 135 injured in the workplace as of December 5, compared with 59 killed and 199 injured in 2018. The mining and construction sectors remained especially dangerous, with reports of injuries, sleep deprivation, and unregulated work hours.

Germany

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution, federal legislation, and government regulations provide for the right of employees to form and join independent unions, bargain collectively, and conduct legal strikes. Wildcat strikes are not allowed. The law prohibits antiunion discrimination and offers legal remedies to claim damages, including the reinstatement of unlawfully dismissed workers.

Some laws and regulations limit these labor rights. While civil servants are free to form or join unions, their wages and working conditions are determined by legislation, not by collective bargaining. All civil servants (including some teachers, postal workers, railroad employees, and police) and members of the armed forces are prohibited from striking.

Employers are generally free to decide whether to be a party to a collective bargaining agreement. Even if they decide not to be a party, companies must apply the provisions of a collective agreement if the Federal Ministry of Labor and Social Affairs declares a collective bargaining agreement generally binding for the whole sector. Employers not legally bound by collective bargaining agreements often used them to determine part or all of their employees’ employment conditions. Employers may contest in court a strike’s proportionality and a trade union’s right to take strike actions. The law does not establish clear criteria on strikes, and courts often rely on case law and precedent.

The government enforced applicable laws effectively. Actions and measures by employers to limit or violate freedom of association and the right to collective bargaining are considered unlawful and lead to fines. Penalties were adequate and remediation efforts were sufficient.

Laws regulate cooperation between management and work councils (companies’ elected employee representation), including the right of the workers to be involved in management decisions that could affect them. Work councils are independent from labor unions but often have close ties to the sector’s labor movement. The penalty for employers who interfere in work councils’ elections and operations is up to one year in prison or a fine. Findings from 2018 showed that a significant number of employers interfered with the election of work council members or tried to deter employees from organizing new work councils. This practice has been criticized by labor unions for a long time; they call for stronger legislation that shields employees seeking to exercise their rights under the law.

b. Prohibition of Forced or Compulsory Labor

The constitution and federal law prohibit all forms of forced or compulsory labor. Penalties for forced labor range from six months to 10 years in prison and were generally sufficient to deter violations.

The government effectively enforced the law when they found violations, but NGOs questioned the adequacy of resources to investigate and prosecute the crime. Some traffickers received light or suspended sentences, consistent with the country’s sentencing practices for most types of crime.

There were reports of forced labor involving adults, mainly in the construction and food service industries. There were also reported cases in domestic households and industrial plants. In 2018 police completed 21 labor-trafficking investigations that identified 63 victims, mostly from Ukraine (27), Vietnam (9), and Hungary (8).

In August the Federal Customs Office and federal police conducted a raid on more than 100 sites against a construction company in Berlin on suspicion of illegal employment and human trafficking for labor exploitation. Law enforcement officers cooperated closely with a labor protection NGO to provide immediate support and counseling to the victims (approximately 160 Serbian nationals who worked as construction workers).

In August, 800 federal police officers conducted raids in the states of Thuringia and Saxony-Anhalt on the suspicion of human trafficking and labor exploitation of workers from Eastern Europe. Police arrested two Ukrainian nationals who allegedly paid very low wages to the mostly illegal workers from Ukraine, Moldova, and North Macedonia working in cattle breeding and meat-processing plants.

In September police officers in Berlin, Brandenburg, Saxony, Mecklenburg-West Pomerania, and North Rhine-Westphalia raided 33 sites in connection with human trafficking. They detained nine Vietnamese citizens who allegedly arranged fake marriages and false acknowledgements of paternity to obtain residence or working rights for Vietnamese citizens in Germany.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours and occupational safety and health restrictions for children. The law prohibits the employment of children younger than 15 with a few exceptions: Children who are 13 or 14 may perform work on a family-run farm for up to three hours per day or perform services such as delivering magazines and leaflets, babysitting, and dog walking for up to two hours per day, if authorized by their custodial parent. Children under 15 may not work during school hours, before 8 a.m., or after 6 p.m.; or on Saturdays, Sundays, or public holidays. The type of work must not pose any risk to the security, health, or development of the child and must not prevent the child from obtaining schooling and training. Children are not allowed to work with hazardous materials, carry or handle items weighing more than 22 pounds, perform work requiring an unsuitable posture, or engage in work that exposes them to the risk of an accident. Children between the ages of three and 14 may take part in cultural performances, but there are strict limits on the kind of activity, number of hours, and time of day.

The government effectively enforced the applicable laws, and penalties were generally sufficient to deter violations. Isolated cases of child labor occurred in small, family-owned businesses, such as cafes, restaurants, family farms, and grocery stores. Inspections by the regional inspection agencies and the resources and remediation available to them were adequate to ensure broad compliance.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.

The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were sufficient to deter violations.

FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. FADA stated the majority of complaints concerned the private sector, where barriers for persons with disabilities also persisted.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2017 were on average 21 percent lower than those of men. It blamed pay differences in the sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations (see section 7.d.). FADA reported women were also at a disadvantage regarding promotions, often due to career interruptions for child rearing.

In December 2018, two teachers filed an action with the Essen administrative court to achieve equal pay for all teachers with civil service status. Under current law, elementary school teachers earn 500 euros ($550) gross less each month than secondary school teachers, even though the educational requirements for the positions have been identical since 2009. The case was pending as of November.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) and to report on their performance. Consequently, the share of women on the supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to more than 30 percent in 2018. The representation of women on management boards in the top 200 companies stood at 9 percent.

There were reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.4 percent in 2017, remaining considerably higher than that of the general population (on average 5.7 percent for 2017). Employers with 20 or more employees must hire persons with more significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2017 more than 123,000 employers did not employ enough persons with disabilities and paid fines.

The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.

e. Acceptable Conditions of Work

The nationwide statutory minimum wage is below the internationally defined “at-risk-of poverty threshold,” which is two-thirds of the national median wage. The minimum wage does not apply to persons under 18, long-term unemployed persons during their first six months in a new job, or apprentices undergoing vocational training, regardless of age. A number of sectors set their own higher minimum wages through collective bargaining.

The government effectively enforced the laws and monitored compliance with the statutory and sector-wide minimum wages and hours of work through the Customs Office’s Financial Control Illicit Work Unit, which conducted checks on 53,000 companies in 2018. The number of investigations for noncompliance with the statutory minimum wage under the Minimum Wage Act rose 10 percent to 2,744. Employees may sue companies if employers fail to comply with the Minimum Wage Act, and courts may sentence employers who violate the provisions to pay a substantial fine.

Federal regulations set the standard workday at eight hours, with a maximum of 10 hours, and limit the average workweek to 48 hours. For the 78 percent of employees who are directly or indirectly affected by collective bargaining agreements, the average agreed working week under current agreements is 37.7 hours. According to the Federal Statistical Office, the actual average workweek of full-time employees was 41 hours in 2018. The law requires a break after no more than six hours of work, stipulates regular breaks totaling at least 30 minutes, and sets a minimum of 24 days of paid annual leave in addition to official holidays. Provisions for overtime, holiday, and weekend pay varied, depending upon the applicable collective bargaining agreement. Such agreements or individual contracts prohibited excessive compulsory overtime and protected workers against arbitrary employer requests.

Extensive laws and regulations govern occupational safety and health. A comprehensive system of worker insurance carriers enforced safety requirements in the workplace.

The Federal Ministry of Labor and Social Affairs and its state-level counterparts monitored and enforced occupational safety and health standards through a network of government bodies, including the Federal Agency for Occupational Safety and Health. At the local level, professional and trade associations–self-governing public corporations with delegates representing both employers and unions–as well as work councils oversaw worker safety. The number of inspectors was sufficient to ensure compliance.

The number of work accidents continued to decline among full-time employees, and workplace fatalities decreased to 420 in 2018, down from 451 in 2017. Most accidents occurred in the construction, transportation, postal logistics, wood, and metalworking industries.

Greece

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 military services, to form and join independent unions, conduct their activities without interference, and strike. Armed forces personnel have the right to form unions but not to strike. Police have the right to organize and demonstrate but not to strike.

The law does not allow trade unions in enterprises with fewer than 20 workers and places restrictions on labor arbitration mechanisms. The law also generally protects the right to bargain collectively. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The law allows company-level agreements to take precedence over sector-level collective agreements in the private sector. Civil servants negotiate and conclude collective agreements with the government on all matters except salaries.

Only the trade unions may call strikes. A strike may be considered unlawful if certain conditions and procedures are not observed, for example based on the proportionality principle, which enables courts to decide in each case whether the anticipated benefit from the strike is greater than the economic damage to the employer.

There are legal restrictions on strikes, including a mandatory four-day notification requirement for public-utility and transportation workers and a 24-hour notification requirement for private-sector workers. The law mandates minimum staff levels during strikes affecting public services. The law also gives authorities the right to commandeer services in national emergencies through civil mobilization orders. Anyone receiving a civil mobilization order is obliged to comply or face a prison sentence of at least three months. The law exempts individuals with a documented physical or mental disability from civil mobilization. The law explicitly prohibits the issuance of civil mobilization orders as a means of countering strike actions before or after their proclamation. The law also requires at least half of the members of a first-level union to endorse a strike for it to be held.

The government generally protected the rights of freedom of association and collective bargaining and effectively enforced the law. Penalties for violations of freedom of association and collective bargaining were insufficient to deter violations in all cases. Courts may declare a strike illegal for reasons including failure to respect internal authorization processes and secure minimum staff levels, failure to give adequate advance notice of the strike, and introduction of new demands during the strike. Administrative and judicial procedures to resolve labor problems were generally subject to lengthy delays and appeals.

There were some reports of antiunion discrimination. On August 18, the Corfu-based Union of Hotel Employees protested the dismissal of a hotel employee who had successfully claimed some of his unpaid wages. On May 24, media reported on the dismissal of a restaurant employee in Thessaloniki who had testified in favor of three former colleagues, supporting their claim that they were unlawfully dismissed and should return to their posts.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and provides additional protections for children, limiting their work hours and their work under certain conditions. Although several government entities, including the police antitrafficking unit, worked to prevent and eliminate labor trafficking, there were reports of forced labor of women, children, and men, mostly in the agricultural sector. Forced begging (also see section 7.c., Prohibition of Child Labor and Minimum Age for Employment) mostly occurred in metropolitan areas and populous islands, focusing on popular metro stations, squares, and meeting places. Penalties for violations were insufficient to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment in the industrial sector is 15, with higher limits for some activities. The minimum age is 12 in family businesses, theaters, and cinemas. A presidential decree permits children age 15 or older to engage in hazardous work in certain circumstances, such as when it is necessary as part of vocational or professional training. In such cases workers should be monitored by a safety technician or a medical doctor. Hazardous work includes work that exposes workers to toxic and cancer-producing elements, radiation, and similar conditions.

The Labor Inspectorate, which was placed under the authority of the General Secretariat for Labor at the Ministry of Labor and Social Affairs by a presidential decree issued on July 17, is responsible for enforcing child labor laws, with penalties for violators ranging from fines to imprisonment. Penalties were sufficient to deter violations in the formal economy. Trade unions, however, alleged that enforcement was inadequate due to the inspectorate’s understaffing and that the government did not adequately protect exploited children. In 2018 a researcher affiliated with the General Confederation of Greek Workers (GSEE) think tank reported 39,000 officially employed minors, 1,700 of whom were migrants and refugees. The report found that the legislative framework punishing labor exploitation was adequate in terms of penalties, but prosecutors made no effort to identify when and where violations occurred.

Child labor was a problem in the informal economy. Younger family members often assisted families in agriculture, food service, and merchandising on at least a part-time basis. Family members compelled some children to beg, pick pockets, or sell merchandise on the street, or trafficked them for the same purposes. The government and NGOs reported the majority of such beggars were indigenous Roma or Bulgarian, Romanian, or Albanian Roma. There were reports unaccompanied migrant children were particularly vulnerable to labor exploitation and worked mainly in the agricultural and, to a lesser extent, manufacturing sectors. On October 17, the NGO ARSIS reported it had identified approximately 750 minors, from January to September, who were selling small items, or working or begging in the streets of Thessaloniki. Approximately 450 of these children were unaccompanied minors, and 95 originated from Greece, Albania, and Bulgaria.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, religion, national origin, skin color, sex (including pregnancy), ethnicity, disability, age, sexual orientation, gender identity, HIV/AIDS status, or refugee or stateless status.

The government did not always effectively enforce these laws and regulations. Penalties provided by law were not sufficient to deter violators. Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, HIV status, social status, age, sexual orientation, and gender identity occurred.

In its 2018 report on equal treatment, the ombudsman reiterated previous findings about pregnancy and maternity being treated by the employers as problems, at times resulting in dismissals from work. The ombudsman reported cases of interventions with employers in the state and private sectors in support of employees who faced discrimination on grounds of disability, age, sex, and social status. The ombudsman also interfered with businesses announcing job openings but setting age limits and gender preconditions which could not be explained by the type of the required services.

e. Acceptable Conditions of Work

By ministerial decree the government set the national minimum salary for employees in the private sector and for unspecialized workers. These wages were above the poverty income level. The government did not always enforce wage laws effectively, and penalties were not always sufficient to deter violations.

The maximum legal workweek is 40 hours. The law provides for at least one 24-hour rest period per week, mandates paid vacation of one month per year, and sets limits on the amount of overtime work which, based on conditions, may exceed eight hours in a week. The law regarding overtime work requires premium pay, and employers must submit information to the Ministry of Labor for authorization. Premium pay ranged from an additional 20 to 80 percent of the daily wage, based on the total number of extra hours and the day (Sundays, holidays, etc.), and whether it was night service. Employers also provided compensatory time off. These provisions were not always effectively enforced in all sectors, particularly in tourism, catering services, retail businesses, agriculture, the informal economy, or for domestic or migrant workers.

Wage laws were not always enforced. Unions and media alleged some private businesses were forcing their employees to return part of their wages and mandatory seasonal bonuses, in cash, after depositing them in the bank. Several employees were officially registered as part-timers but in essence worked additional hours without being paid. Overtime work was not always registered officially or paid accordingly. In other cases employees were paid after months of delay and oftentimes with coupons, not cash. Cases of employment for up to 30 consecutive days of work without weekends off were also reported. Such violations were noted mostly in the tourism, agriculture, and housekeeping services sectors. On May 13, the Labor Inspectorate imposed a fine of 435,000 euros ($478,000) on a home-improvement and gardening retailer for forcing its staff to work longer hours. During an inspection conducted on January 29, authorities found 29 employees working beyond their standard schedule.

The law provides for minimum standards of occupational health and safety, placing the responsibility for identifying unsafe situations on occupational safety and health experts and not the workers. Workers have the right to file a confidential complaint with the labor inspectorate regarding hazardous working conditions and to remove themselves from such situations without jeopardizing their employment. Owners who repeatedly violate the law concerning undeclared work or safety could face temporary closure of their businesses. Under the same law, employers were obliged to declare in advance their employees’ overtime work or changes in their work schedules. The legislation also provided for social and welfare benefits to be granted to surrogate mothers, including protection from dismissal during pregnancy and after childbirth. Courts were required to examine complaints filed by employees against their employers for delayed payment within two months after their filing, and to issue decisions within 30 days after the hearing.

The Labor Inspectorate is responsible for enforcement of labor law. The Ministry of Labor and Social Affairs is responsible for all concerns regarding occupational safety and health at the national level. Per the July 17 presidential decree, in addition to the Labor Inspectorate, the General Directorate for Labor Relations, Health, Safety and Inclusion at Work was also brought under the General Secretariat for Labor. The latter are the principal competent government authorities overseeing labor conditions in both private and public sectors, except for mining and marine shipping (which fall under the Ministry of Development and Investment and the Ministry of Shipping and Island Policy, respectively). Labor experts characterized health and safety laws as satisfactory but stated that enforcement by the Labor Inspectorate was inadequate.

According to government statistics for 2018, the percentage of undeclared work fell significantly to almost 9 percent in 2018, from almost 12.5 percent in 2017. On January 9, the government announced the deployment of an additional 44 employees to labor inspection services, setting a target of having 950 labor inspectors. On October 15, the government reported intensified efforts to uncover instances of undeclared work through increasing onsite labor inspections. Businesses found hiring undeclared employees were closed by the authorities for a few days and if repeatedly found violating the law the business could be permanently closed. Nonetheless, trade unions and media reiterated that enforcement of labor standards was inadequate in the shipping, tourism, and agricultural sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons. According to a survey carried out for the GSEE, nine in 10 employees in the private sector faced worsening labor conditions in the years of the debt crisis. The percentage of wage earners with net monthly wages in the private sector has fallen at a higher rate than the public sector during the past nine years.

On August 9, the government abolished recently passed provisions of the previous administration regarding the liability of the contractor and subcontractor to provide grounded reasons for the legal termination of an employee’s contract. On October 31, the parliament passed legislation providing for a 12 percent increase in the hourly wage of part-time workers for every additional hour worked above the four-hour ceiling. The same law also changed the calculation of overtime for the first five hours worked after a 40-hour work week. Those hours would not be considered overtime, but employers are required to pay an additional 20 percent of the hourly wage of the employees.

Hungary

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The labor code provides for the right of workers to form and join independent unions without previous authorization and conduct their activities without interference, although unions alleged requirements for trade union registration were excessive. The labor code prohibits any worker conduct that may jeopardize the employer’s reputation or legitimate economic and organizational interests and explicitly provides for the possibility of restricting the workers’ personal rights in this regard, including their right to express an opinion during or outside of working hours. Violations of this law could result in a fine to compensate for damages in case the employer turns to court, although this labor code provision was rarely implemented and there were no reported instances during the year. With the exception of law enforcement and military personnel, prison guards, border guards, health-care workers, and firefighters, workers have the right to strike. In other spheres of the public sector, including education or government services, minimum service must be maintained. The law permits military and police unions to seek resolution of grievances in court. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

Workers performing activities that authorities determine to be essential to the public interest, such as schools, public transport, telecommunications, water, and power, may not strike unless an agreement has been reached on provision of “sufficient services” during a strike. Courts determine the definition of sufficient services. National trade unions opposed the law on the basis that the courts lacked the expertise to rule on minimum service levels and generally refused to rule on such cases, essentially inhibiting the right to strike.

The government effectively enforced laws providing for freedom of association and collective bargaining. Penalties were generally adequate to deter violations. In the public sector, administrative and judicial procedures to determine adequate services were sometimes subject to lengthy delays and appeals.

Authorities and employers generally respected freedom of association and the right to collective bargaining. Trade unions alleged that national prosecutors restricted trade union activities and in some cases reported antiunion dismissals and union busting by employers. There were also reports of unilateral termination of collective agreements. Unions reported the government continued to attempt to influence their independent operation.

While the law provides for reinstatement of workers fired for union activity, court proceedings on unfair dismissal cases sometimes took more than a year to complete, and authorities did not always enforce court decisions.

b. Prohibition of Forced or Compulsory Labor

While the law prohibits all forms of forced or compulsory labor, observers asserted the government failed to enforce it effectively. Penalties for forced labor were comparable to penalties for other serious crimes.

Groups vulnerable to forced labor included those in extreme poverty, undereducated young adults, Roma, and homeless men and women. Hungarian men and women were subjected to forced labor domestically and abroad, and labor trafficking of Hungarian men in Western Europe occurred in agriculture, construction, and factories. The government increased law enforcement efforts and sustained its prevention efforts.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The constitution generally prohibits child labor. The law prohibits children younger than 16 from working, except that children who are 15 or 16 may work under certain circumstances as temporary workers during school vacations or may be employed to perform in cultural, artistic, sports, or advertising activities with parental consent. Children may not work night shifts or overtime or perform hard physical labor. The government performed spot-checks and effectively enforced applicable laws; penalties were sufficient to deter violations.

Through the end of 2017, the employment authority reported four cases, involving four children, of child labor younger than 15. The employment authority also reported 10 cases involving 12 children between the ages of 15 and 16 who were employed without the consent of their parents or legal representatives during the school year, as well as 15 cases involving 23 children between the ages of 16 and 18 who were employed without the consent of their parents or legal representatives. The employment authority noted the increase result of tighter legislation, which requires presentation of parental permission during an inspection.

d. Discrimination with Respect to Employment and Occupation

The constitution and laws prohibit discrimination based on race, sex, gender, disability, language, sexual orientation and gender identity, infection with HIV or other communicable diseases, or social status. The labor code provides for the principles of equal treatment. The government failed to enforce these regulations effectively. Penalties were generally inadequate to deter violations.

Observers asserted that discrimination in employment and occupation occurred with respect to Roma, women, and persons with disabilities. According to NGOs, there was economic discrimination against women in the workplace, particularly against job seekers older than 50 and those who were pregnant or had returned from maternity leave. A government decree requires companies with more than 25 employees to reserve 5 percent of their work positions for persons with physical or mental disabilities. While the decree provides fines for noncompliance, many employers generally paid the fines rather than employ persons with disabilities. The National Tax and Customs Authority issued “rehabilitation cards” to persons with disabilities, which granted tax benefits for employers employing such individuals.

e. Acceptable Conditions of Work

In 2018 the net national minimum monthly wage for full-time employment of unskilled workers and the special minimum monthly wage for skilled workers exceeded the poverty level.

The law sets the official workday at eight hours, although it may vary depending on industry. A 48-hour rest period is required during any seven-day period. The regular workweek is 40 hours with premium pay for overtime. On January 1, amendments to the labor code became effective that increased the limit on maximum overtime from 250 to 400 hours per year. The code also provides for 10 paid annual national holidays. Under the new code, overtime is to be calculated based on a three-year time period, i.e., employees have a right to overtime pay only if, over a three-year period, they have worked an average of more than 40 hours per week. Observers noted the provision could allow employers to avoid paying overtime for work in one year by requiring employees to work less than full time during both or one of the two other years if it lowered their average workweek over the entire three-year period to 40 hours or less. The changes to the labor code led to a series of worker demonstrations in late 2018 and early 2019, following which most employers agreed not to take advantage of the overtime calculation provision of the new labor code and continue paying overtime in the following pay period.

The government set occupational safety and health standards, which were up to date and appropriate for the main industries. Workers have the right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations. Labor inspectors regularly provide consultations to employers and employees on safety and health standards. Labor laws also apply to foreign workers with work permits. Labor standards were not enforced in the informal economy.

The employment authority and the labor inspectorate units of government offices monitored and enforced occupational safety and health standards and labor code regulations. According to the Labor Protection Directorate of the Finance Ministry, 23,738 injuries occurred at workplaces, most of them in the mechanical engineering and manufacturing industries in 2018. There were 79 workplace fatalities, most of which took place in the manufacturing, processing, transport and warehousing, education and administration, retail, and construction sectors.

Iceland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes, and the government generally respected these rights. The law prohibits antiunion discrimination. It is silent on whether workers fired for union activity should be reinstated, but it provides for fining employers who engage in this practice. The law permits the government to pass a provisional law to impose mandatory mediation when strikes threaten key sectors in the economy.

Several collective bargaining agreements expired at the end of 2018 and were renegotiated between January and April by employers and unions, with the government providing facilitation as necessary. The right to collective bargaining and strikes was generally respected, and there were no reports of undue pressure exerted over the involved staff.

The government effectively enforced the law. Penalties for violations (damages and fines) were sufficient to deter violations.

The government and employers respected freedom of association and the right to bargain collectively. Collective bargaining agreements covered nearly 100 percent of the formal economy’s workforce. Independent contractors in various industries, but mainly in construction and tourism, sometimes hired subcontractors to avoid hiring workers with bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

Law enforcement authorities and the Administration of Occupational Health and Safety effectively enforced the law. Resources were adequate during the year, although there were no prosecutions. The law is sufficiently stringent compared with those on other serious crimes, and penalties for violations were sufficient to deter violations.

Traffickers subjected men and women to forced labor in construction, tourism, and restaurants. Foreign “posted workers” were at particular risk of forced labor because traffickers paid them in their home countries and contracted them to work for up to 183 days in the country under the guise of avoiding taxes and union fees, limiting tax authorities’ and union officials’ ability to monitor their work conditions and pay. Foreign workers have the same rights that are afforded to domestic workers in collective bargaining agreements. Union officials noted that they do take legal action on the behalf of workers, regardless of whether union dues had been paid. Traffickers also subjected women to domestic servitude, forced labor, and sex trafficking.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours, occupational safety, and health restrictions for children, and the government effectively enforced applicable laws. Penalties were sufficient to deter violations.

According to the law, children who are 13 and 14 may be employed in light work up to 12 hours per week and a maximum of two hours per day outside organized school teaching hours during the school year and up to 35 hours a week or a maximum of seven hours per day during school vacations. They may not work between the hours of 8 p.m. and 6 a.m. Children between the ages of 15 and 18 who do not attend school may work up to 40 hours per week and a maximum of eight hours per day, but not between the hours of 10 p.m. and 6 a.m. For children who remain in school, the law limits work to 12 hours per week and a maximum two hours per day during the school year, but up to 40 hours per week and a maximum eight hours per day during school vacations. They may not work between the hours of 8 p.m. and 6 a.m. Children younger than 18 may not be employed in work that is likely to be beyond their physical or mental capacity; work that is likely to cause permanent damage to health; work that involves the risk of hazardous radiation; work involving a risk of accidents, which it can be assumed that children and teenagers could have difficulty identifying or avoiding due to their lack of awareness or lack of experience or training; or work where there is a risk of violence or other specific risk, except where youths work with adults.

d. Discrimination with Respect to Employment and Occupation

The constitution and other laws prohibit such discrimination in general and provide for fines determined by the courts for violations. In April 2018 parliament approved legislation on equal treatment in the labor market. This includes race, ethnicity, age, religion, beliefs, disabilities, reduced functionalities, orientation, gender identity, intersex, or gender expression. The law went into effect in September 2018 and the government effectively enforced it. On January 1, responsibility for the equality affairs portfolio was moved from the office of the Minister of Welfare to the Prime Minister’s Office, signifying the increased emphasis placed on the issue by the government.

Employment discrimination occurred. In accordance with legislation enacted in January 2018, individuals, companies, institutions, and nongovernmental organizations can refer cases to the Gender Equality Complaints Committee, which rules on appointments and salary related matters. Despite laws requiring equal pay for equal work, a 15 percent pay gap existed between men and women.

ECRI reported that foreign construction workers, even skilled ones, were usually hired as unskilled workers at the collectively negotiated minimum wage. Statistics Iceland published a study in March which found that salaries for foreign employees were 8 percent lower on average than those of Icelandic employees in the same job.

Disability rights advocates asserted that persons with disabilities had a more difficult time finding jobs due to prejudice and because fewer job opportunities, especially part-time, were available for persons with disabilities.

e. Acceptable Conditions of Work

The law does not establish a minimum wage. The minimum wages negotiated in various collective bargaining agreements applied automatically to all employees in those occupations, including foreign workers, regardless of union membership. While the agreements can be either industry-wide, sector-wide, or in some cases firm-specific, the type of position defined the negotiated wage levels.

The law requires that employers compensate work exceeding eight hours per day as overtime and limits the time a worker may work, including overtime, to 48 hours a week on average during each four-month period. Overtime pay does not vary significantly across unions, but collective bargaining agreements determine the terms of overtime pay. The law entitles workers to 11 hours of rest in each 24-hour period and one day off each week. Under specially defined circumstances, employers may reduce the 11-hour rest period to no fewer than eight hours, but they must then compensate workers with corresponding rest time later. They may also postpone a worker’s day off, but the worker must receive the corresponding rest time within 14 days. The Administration of Occupational Safety and Health (AOSH) monitored and enforced these regulations.

The law sets occupational health and safety standards that are appropriate for the main industries, and the Ministry of Welfare administered and enforced them through the AOSH, which conducted both proactive and reactive inspections. The AOSH can close workplaces that fail to meet safety and health standards.

The AOSH did not employ a sufficient number of inspectors to enforce standards effectively in all sectors. The AOSH levied daily fines on companies that did not follow instructions, urging them to improve work conditions. Daily fines were generally sufficient to deter violations. With the exception of certain asylum seekers, the government provided universal health-care coverage to all workers, including those in the informal economy.

Violations of wage, working hours, and overtime standards were most common in the construction and tourism sectors. The Icelandic Confederation of Labor stated that young persons in the tourism sector as well as foreign workers–primarily men in the construction industry, some of them undocumented–were paid less than the negotiated minimum wage. Although violations of occupational safety and health standards occurred in all sectors, violations occurred most frequently in the construction and food industries. Young workers and employees who did not understand or speak Icelandic and did not know local rules and regulations were more likely to be subjected to hazardous or exploitative working conditions.

Ireland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes, and the government respected these rights. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The law provides a mechanism for the registration of employment agreements between employers and trade unions governing wages and employment conditions.

Police and military personnel may form associations (technically not unions) to represent them in matters of pay, working conditions, and general welfare. The law does not require employers to engage in collective bargaining. The law provides for the right to strike, in both the public and private sectors, except for police and military personnel. The Association of Secondary Teachers alleged that its members were penalized under legislation designed to discourage public-sector unions from striking. It filed complaints with the International Labor Organization and the European Committee of Social Rights, claiming that their members were financially penalized for striking while members of a nursing union were not.

Labor unions have the right to pursue collective bargaining and in most instances did so freely, with employers’ cooperation in most cases. While workers are constitutionally protected in forming trade unions, employers are not legally obliged to recognize unions or to negotiate with them. The government facilitates freedom of association and trade union activity through the Labor Relations Commission, which promotes the development and improvement of industrial relations policies, procedures, and practices, and the Labor Court, which provides resolution of industrial relations disputes.

There were no reports of violations of the law protecting the right to freedom of association. The country allocated adequate resources to provide oversight of labor relations. The Labor Court is a court of last resort for trade unions and employers and sought to process cases with a minimum of delay. Workers freely exercised their labor rights. Unions conducted their activities without government interference. There were no reports of antiunion discrimination. Labor leaders did not report any threats or violence from employers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government generally enforced the law.

The Workplace Relations Commission (WRC) monitors compliance with employment rights, inspects workplaces, and has authority to prosecute alleged violations of employment rights.

The law considers forced labor to be human trafficking. The penalty for human trafficking is sufficient to deter violations; the government has not convicted a human trafficker since 2013. NGOs, including the Migrant Rights Center of Ireland (MRCI) and the Immigrant Council of Ireland (ICI), alleged that employers subjected men and women to forced labor in construction, restaurant work, waste management, commercial fishing, car washes, and agriculture, as well as in private homes as domestic servants. In 2018 Vietnamese and Chinese men prosecuted and sentenced for cannabis cultivation showed indicia of forced labor, such as document withholding, restriction of movement, and nonpayment of wages. Following an internal review, the government maintained that these individuals were not victims of human trafficking but did not share any details of their review. The Romani community and undocumented migrant workers were high-risk groups susceptible to human trafficking.

The law allows undocumented workers to sue exploitative employers for back wages and compensation in cases of forced or compulsory labor. Trade unions and NGOs, including the MRCI and the ICI, contended that the government needed to do more to identify and support victims and prosecute employers.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and employment of children younger than age 16 in full-time jobs. Employers may hire children as young as age 14 for light work on school holidays as part of an approved work experience or educational program. Employers may hire children older than 15 on a part-time basis during the school year. The law establishes rest intervals and maximum working hours, prohibits the employment of children 18 and younger for most late-night work, and requires employers to keep detailed records of workers younger than 18. Seafarers ages 16 or 17 may be required to work at night if the work is not detrimental to their health or well-being.

The law identifies hazardous occupations and occupational safety and health restrictions for workers younger than 18, which generally involve working with hazardous materials or chemicals. Employers must verify there is no significant risk to the safety and health of young persons and take into account the increased risk arising from the lack of maturity and experience in identifying risks to their workers’ safety and health. The law stipulates that exposure to physical, biological, and chemical agents or certain processes be avoided and provides a nonexhaustive list of agents, processes, and types of work from which anyone younger than 18 may require protection. The government effectively enforced applicable laws, and there were no reports of illegal child labor.

The WRC is responsible for enforcement, and it was generally effective, with adequate resources and investigative and enforcement powers. Employers found guilty of an offense are subject to penalties that effectively deterred violations. The Health and Safety Authority has responsibility for overseeing hazardous occupations and can impose the same penalties as specified for other workers.

d. Discrimination with Respect to Employment and Occupation

The law bans discrimination in a wide range of employment and employment-related areas. It defines discrimination as treating one person in a less favorable way than another person based on color and race, creed, origin, language, sex, civil or family status, sexual orientation, age, disability, medical condition, or membership in the Traveller community (also see section 6). The law specifically requires equal pay for equal work or work of equal value. The law provides the same legal protections to members of the lesbian, gay, bisexual, transgender, and intersex community; divorcees; single parents working in state-owned or state-funded schools; and hospitals operating under religious patronage.

The government effectively enforced applicable laws, and the nature of penalties for violations was sufficient to deter violations.

e. Acceptable Conditions of Work

The national minimum hourly wage exceeds the unofficial poverty line. Laws establishing and regulating wage levels cover migrant workers. The law limits overtime work to two hours per day, 12 hours per week, and 240 hours per year. The government effectively enforced these standards. Although there is no statutory entitlement to premium pay for overtime, the employer and employee may arrange it.

The government sets occupational health and safety standards. The Department of Business, Enterprise, and Innovation is responsible for enforcing occupational safety laws, and these laws provided adequate and comprehensive protection. Depending on the seriousness of the violation, courts may impose fines, prison sentences, or both for violating the law. Penalties are sufficient to deter violations. The law also provides for fines of up to 1,000 euros ($1,100) for certain offenses. There were no complaints from either labor or management during the year regarding shortcomings in enforcement.

All sectors of the formal economy effectively enforced minimum wage, hours of work, and health and safety standards. The WRC secures compliance with employment rights legislation in these areas through inspection and prosecution. The WRC’s Inspection Services have the authority to carry out employment rights compliance inspections under employment legislation.

By law an employer may not penalize through dismissal, other disciplinary action, or less favorable treatment employees who lodge a complaint or exercise their rights under health and safety legislation. Employers have an obligation to protect an employee’s safety, health, and welfare at work as far as is reasonably practicable. According to a report from the Health and Safety Authority, there were 39 workplace fatalities in 2018, a decrease of nine from 2017. Twenty of the fatalities were in the agriculture, forestry, and fishing sector.

Italy

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to establish and join independent unions, bargain collectively, and conduct legal strikes. Antiunion discrimination is illegal, and employees fired for union activity have the right to request reinstatement, provided their employer has more than 15 workers in a unit or more than 60 workers in the country.

The law prohibits union organization of the armed forces. The law mandates that strikes affecting essential public services (such as transport, sanitation, and health services) require longer advance notification than in other sectors and prohibits multiple strikes within days of each other in those services. The law only allows unions that represent at least half of the transit workforce to call a transit strike.

The government effectively enforced these laws. Employers who violate the law are subject to fines, imprisonment, or both. These penalties were generally sufficient to deter violations, although administrative and judicial procedures were sometimes subject to lengthy delays. Judges effectively sanctioned the few cases of violations.

The government and employers generally respected freedom of association and the right to bargain collectively, although there were instances in which employers unilaterally annulled bargaining agreements. Employers continued to use short-term contracts and subcontracting to avoid hiring workers with bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Penalties for violations were sufficiently stringent to deter violations. The actual sentences given by courts for forced and compulsory labor, however, were significantly lower than those provided by law. The law provides stiff penalties for illicit intermediaries and businesses that exploit agricultural workers, particularly in the case of forced labor but also in cases of general exploitation. It identifies the conditions under which laborers may be considered exploited and includes special programs in support of seasonal agricultural workers. The law punishes illegal recruitment of vulnerable workers and forced laborers (the so-called caporalato). Penalties range from fines to the suspension of a company’s license to conduct commercial activities. In 2018, the most recent year for which data were available, the Ministry of Labor and Social Policies dedicated an increased amount of attention to this problem. Government labor inspectors and the Carabinieri carried out 7,160 inspections of agricultural companies, and identified 5,114 irregular workers, of which 3,349 were undeclared workers (off the books) and 263 were foreign workers without residence permits. These irregularities remained substantially in line with 2016 and 2017 figures.

Forced labor occurred. According to NGO reporting, workers were subjected to debt bondage in construction, domestic service, hotels, restaurants, and agriculture, especially in the south. There continued to be anecdotal evidence that limited numbers of Chinese nationals were forced to work in textile factories, and that criminal groups coerced persons with disabilities from Romania and Albania into begging. A migrant encampment outside of San Ferdinando in Reggio Calabria province hosted approximately 2,000 migrants earning approximately 0.50 euros ($0.55) per crate of picked oranges. There were also limited reports that children were subjected to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children under the age of 16. There are specific restrictions on employment in hazardous or unhealthy occupations for minors, such as activities involving potential exposure to hazardous substances, mining, excavation, and working with power equipment. Government enforcement was generally effective, and penalties were sufficient to deter violations in the formal economy. Enforcement was not effective in the relatively extensive informal economy, particularly in the south and in family-run agricultural businesses.

There were some limited reports of child labor during the year, primarily in migrant or Romani communities. In 2018 labor inspectors and Carabinieri officers identified 263 underage laborers, compared with 220 in 2017. The number of irregular migrants between the ages of 15 and 18 entering the country by sea from North Africa decreased. According to the Ministry of the Interior, the number of unaccompanied minors arriving by sea dropped from 3,536 in 2018 to 1,335 between January and November 4. Most of these minors were from Sub-Saharan Africa. The majority arrived in Sicily, and many remained there in shelters, while others moved to other parts of the country or elsewhere in Europe.

The law provides for the protection of unaccompanied foreign minors and creates a system of protection that manages minors from the time they arrive in the country until they reach the age 21 and can support themselves. As of June the Ministry of Labor and Social Policies had identified 7,272 unaccompanied minors, of whom 4,736 had left the shelters assigned to them. Of those assisted, 93 percent were boys and 86 percent were 16 or 17 years old. Girls were 7 percent of the total, of which 32 percent came from Nigeria. This group was especially vulnerable to sexual abuse and violence.

The Ministry of Labor and Social Policies recognized that unaccompanied minors were more vulnerable to becoming child laborers in agriculture, bars, shops, and construction and worked to prevent exploitation by placing them in protected communities that provided education and other services. The law also created a roster of vetted and trained voluntary guardians at the juvenile court-level to help protect unaccompanied minors. According to a report by Save the Children, elements of the law have yet to be fully implemented across the country, although significant progress was made. More than 4,000 volunteers became guardians and supported migrants integrating into local communities.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. There were some media reports of employment discrimination based on race or ethnicity. Unions criticized the government for providing insufficient resources to the National Anti-Racial Discrimination Office to intervene in discrimination cases, and for the lack of adequate legal measures to address new types of discrimination Penalties were generally sufficient to deter violations but the number of inspections was insufficient to guarantee adequate implementation.

Discrimination based on gender, religion, disability, sexual orientation, and gender identity also occurred. The government implemented some information campaigns, promoting diversity and tolerance, including in the workplace.

In many cases victims of discrimination were unwilling to request the forms of protection provided by employment laws or collective contracts, according to labor unions. According to Eurostat, in 2017 women’s gross hourly earnings were on average 5 percent lower than those of men performing the same job.

e. Acceptable Conditions of Work

The law does not provide for a minimum wage. Instead, collective bargaining contracts negotiated between unions and employers set minimum wage levels for different sectors of the economy.

Unless limited by a collective bargaining agreement, the law sets maximum overtime hours in industrial firms at no more than 80 hours per quarter and 250 hours annually. The law prohibits compulsory overtime and provides for paid annual holidays. It requires rest periods of one day per week and 11 hours per day. The law sets occupational safety and health standards and guidelines for compensation for on-the-job injuries. Responsibly for identifying unsafe situations remains with occupational safety and health experts.

The Ministry of Labor and Social Policies is responsible for enforcement and, with regular union input, effectively enforced standards in the formal sector of the economy. Labor standards were partially enforced in the informal sector, especially in agriculture, construction, and services, which employed an estimated 16 percent of the country’s workers.

Resources, inspections, and remediation were generally adequate to ensure compliance in the formal sector only. Penalties were not enough to deter all violations.

In 2018 labor inspectors and Carabinieri officers inspected 144,163 companies (including agricultural companies), identifying 162,932 individual workers whose terms of employment were in violation of labor laws. Of these, 42,306 were undeclared (off the books), and 1,332 were irregular migrants. The National Labor Inspectorate found 15,641 violations of regulations on working hours and suspended 8,789 companies for the specific violation of employing more than 20 percent of their workers without a formal contract, compared with 6,932 companies in 2017.

Informal workers were often exploited and underpaid, worked in unhygienic conditions, or were exposed to safety hazards. According to the CGIL, such practices occurred in the service, construction, and agricultural sectors.

In 2018 the Association of Artisans and Small Businesses of Mestre estimated there were approximately three million irregular workers in the country, 40 percent of whom were based in southern regions. Some areas of Calabria, Puglia, Campania, and Sicily reported significant numbers of informal foreign workers living and working in substandard or unsafe conditions.

Kosovo

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and the violation of any individual’s labor rights due to his or her union activities. The law requires reinstatement of workers fired for union activity, including in essential services. The law applies equally to all individuals working in the public and private sectors, including documented migrants and domestic servants.

Authorities did not effectively enforce the labor law, which includes regulations and administrative instructions that govern employment relations, including rights to freedom of association and collective bargaining. According to the Association of Independent Labor Unions in Kosovo (BSPK), resources, inspections, and remediation were inadequate, and penalties insufficient. As of May the Ministry of Labor and Social Work’s Labor Inspectorate had issued 99 fines during the year. These fines were insufficient to deter violations. Administrative and judicial procedures were circuitous and subject to lengthy delays or appeals.

According to the BSPK, the government and private employers generally respected the right to form and join unions in both the public and private sectors. Political party interference in trade union organizations and individual worker rights remained a problem. According to union officials, workers in the public sector commonly faced mistreatment, including sexual harassment and the loss of employment, based on their political party affiliation. Employers did not always respect the rights of worker organizations to bargain collectively, particularly in the private sector. The BSPK reported many private-sector employers essentially ignored labor laws. The BSPK reported continued difficulty in establishing unions due to employer interference in workers’ associations and unions, particularly in the banking, construction, and hotel sectors.

Representatives from these sectors told the BSPK anonymously employers used intimidation to prevent the establishment of unions. The Labor Inspectorate reported receiving no formal complaints of discrimination against employees who tried to join unions during the year. The inspectorate was not fully functional due to budgetary and staffing shortfalls.

b. Prohibition of Forced or Compulsory Labor

The Law on Child Protection adopted in June prohibits all forms of forced or compulsory labor, but forced child labor occurred during the year (see section 7.c.).

Government resources, including remediation, were insufficient to bring about compliance, identify and protect victims, and investigate claims of forced or compulsory labor. There were limited investigations, prosecutions, and convictions of forced labor due, according to the Labor Inspectorate, to inadequate resources. Penalties, although stringent compared with those for other serious crimes, were insufficient to prevent forced labor. As of July authorities had not identified any victims of forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The minimum age for contractual employment is 15, provided the employment is not harmful or prejudicial to school attendance. If the work is likely to jeopardize the health, safety, or morals of a young person, the legal minimum age is 18. Regulations forbid exploitation of children in the workplace, including forced or compulsory labor. The government maintained a National Authority against Trafficking in Persons that investigated cases of child labor trafficking.

On June 27, the Assembly adopted its first Law on Child Protection, key child labor protection legislation that unifies all the other legal and sublegal documents on the topic. The law provides additional measures and penalties for employers of children that are sufficient to deter violations, but citations do not address the problem adequately as it does not affect occurrences in the informal economy. The law permits authorities to remove a child from the home if that is determined to be in the best interests of the child.

The law enforcement agency effectively enforced the law. Inspectors immediately notified employers when minors were exploited or found engaged in hazardous labor conditions. As of May the NGO Terres Des Hommes reported the cases of 116 minors (105 Kosovo citizens and 11 minors from Albania) working in hazardous conditions. Of these, 73 were children engaged in begging, 13 in street work, and 14 in mining. According to the Ministry of Labor, 73 individuals received Social Work Center counseling on issues related to child labor.

The Coalition of NGOs for Protection of Children (KOMF) reported children working in agriculture encountered hazards associated with operating farm equipment. KOMF reported child labor in farming persisted as a traditional activity. Government-run social work centers reported children engaged in farming were not prevented from attending school. While children were rarely their families’ main wage earners, child labor contributed substantially to some family incomes.

Urban children often worked in a variety of unofficial construction and retail jobs, such as selling newspapers, cigarettes, food, and telephone cards on the street. Some children, especially those from families receiving social assistance and ethnic minorities, also engaged in physical labor, such as transportation of goods and in picking through trash piles for items to sell.

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

Discrimination in employment and occupation occurred across sectors with respect to sex, gender identity, disability, religion, political affiliation, and minority status (see section 6). During the year the BSPK received reports from labor unions and individuals also claiming discrimination based on union membership, age, and family status. The BSPK and union officials noted employment, particularly in the public sector, often depended on the employee’s political status and affiliation. Union officials reported other mistreatment, including sexual harassment, based on political party affiliation. The BSPK also reported instances of employers discriminating against female candidates in employment interviews and illegally firing women for being pregnant or requesting maternity leave.

International observers reported discrimination in university employment against individuals wearing hijabs or other symbols of Islam. Universities sometimes rejected candidates on this basis, justifying the practice as a counterradicalization effort.

e. Acceptable Conditions of Work

The government-set minimum wage was higher than the official poverty income line.

The law provides for a standard 40-hour workweek, requires rest periods, limits the number of regular hours worked to 12 per day, limits overtime to 20 hours per week and 40 hours per month, requires payment of a premium for overtime work, and prohibits excessive compulsory overtime. The law provides for 20 days’ paid leave per year for employees and 12 months of partially paid maternity leave. The labor law sets appropriate health and safety standards for workplaces and governs all industries in the country.

Ministry of Labor inspectors were responsible for enforcing all labor standards, including those pertaining to wages, hours, and occupational safety and health. The fines were not sufficient to deter violations. The number of inspectors was insufficient to deter violations in both the formal and informal sectors.

According to the Labor Inspectorate and the BSPK, the labor code is comprehensive and its provisions on work hours are adequate for the equal protection of public and private sector workers. The government did not effectively enforce the law. The BSPK reported lack of enforcement by the government and citing resource and capacity limitations within the Labor Inspectorate.

According to the BSPK, employers failed to abide by official labor standards that provided equal standards of protection to public and private sector workers. The BSPK reported a lack of government oversight and enforcement, particularly of the standard workweek and compulsory and unpaid overtime. Many individuals worked long hours in the private sector as “at-will” employees, without employment contracts, regular pay, or contributions to their pensions. The BSPK reported employers fired workers without cause in violation of the law and refused to respect worker holidays. As of June the Labor Inspectorate received 1,519 formal complaints of violations of workers’ rights in the public and private sectors and issued 99 formal complaints against violators. Women’s rights organizations reported sexual abuse and harassment occurred on the job but went unreported due to fear of dismissal or retaliation.

While the law provides for the protection of employees’ health and working conditions, private and public institutions failed at times to comply. The Labor Inspectorate and BSPK officials reported difficulties in obtaining accurate information about compliance, because workers rarely disclosed the problems due to fear of losing their jobs.

No law specifically permits employees to remove themselves from a dangerous work situation, but the law requires every employer to provide adequate work conditions for all employees based upon job requirements. According to the Labor Ministry, informal employer-employee arrangements may address when and whether employees may remove themselves from work due to dangerous work situations. The country’s institutions did not track these arrangements. According to experts, violations of wage, overtime, and occupational health and safety standards were common for men and women, as well as foreign migrant workers, particularly those who faced hazardous or exploitative working conditions.

Latvia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes. Unions may not have fewer than 15 members or less than 25 percent of the total number of employees in the company (which cannot be fewer than five). The law prohibits antiunion discrimination and employer interference in union functions, and it provides reinstatement for unlawful dismissal, including dismissal for union activity.

There were several limitations on these rights. Uniformed members of the military, members of the State Security Services, and border guards may not form or join unions. According to the International Trade Union Confederation, collective bargaining in the public administration is a formal procedure with no real substance, since all employment conditions are fixed by law.

While the law provides for the right to strike, it requires a strike vote by a three-fourths majority at a meeting attended by at least three-fourths of the union’s members. It prohibits strikes in sectors related to public safety and by personnel classified as essential, including judges, prosecutors, police, firefighters, border guards, employees of state security institutions, prison guards, and military personnel. The law prohibits “solidarity” strikes by workers who are not directly involved in a specific labor agreement between strikers and their employers, a restriction criticized by local labor groups. It also bans political strikes. The law provides arbitration mechanisms for essential personnel not permitted to strike.

The government generally enforced applicable labor laws. EU labor regulations also apply. Resources, inspections, and remediation were adequate under the law. Penalties for violations ranged from a few hundred to several thousand euros and were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Labor rights organizations expressed concern about employer discrimination against union members.

Freedom of association and the right to collective bargaining were generally respected. The law on trade unions requires trade unions to be independent under the law. Anticorruption officials and press reports stated, however, that external funding and support appeared to make some union individuals or groups lack independence. Press reports stated that one of the largest worker unions in the country, LABA, was reportedly under the unofficial control of the Riga City Council. Recent corruption scandals have significantly weakened LABA.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, although staffing problems hindered more effective enforcement. Penalties range from fines to imprisonment and were generally sufficient to deter violations. The Ministry of Welfare’s State Labor Inspectorate, the agency responsible for enforcing labor laws, conducted regular inspections of workplaces, and reported three incidents of forced labor through September. One forced labor case resulted in a September conviction and sentencing. The inspectorate reported a high employee turnover, with approximately 11 percent of positions unfilled, a situation exacerbated by perennial wage issues.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government effectively enforced child labor and minimum age laws, and penalties were sufficient to deter violations. The statutory minimum age for employment is 15. Children who are 13 or older may work in certain jobs outside of school hours with written permission from a parent. The law prohibits children younger than 18 from performing nighttime or overtime work. By law children may not work in jobs that pose a risk to their physical safety, health, or development. There were no reports of labor abuses involving children. Through September the State Labor Inspectorate reported four cases of unregistered employment of youth.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination. Following Soviet-era russification and relocation programs and the creation of a sizeable Russian-speaking minority, the government required the use of Latvian as the officially recognized language where employment activities “affect the lawful interests of the public.” Citing the continuing political and economic threat posed by Russia to Latvia, the government restricted some sensitive civil service positions for candidates who previously worked for the former Soviet intelligence apparatus.

There were instances of hiring and pay discrimination against women, particularly in the private sector. Because this type of discrimination was underreported, during the first eight months of the year the ombudsman did not open any cases of employment discrimination. According to the World Bank Group’s Women, Business and the Law 2019, women in the country have equal legal standing with men.

Employment discrimination also occurred with respect to sexual orientation, gender identity, and ethnicity. Persons with disabilities experienced limited access to work due to a lack of personal assistance, poor infrastructure, and absence of specialized programs. The Romani community faced discrimination and high levels of unemployment.

e. Acceptable Conditions of Work

The law sets a monthly minimum wage which was above the official poverty line. The government enforced its wage laws effectively.

The law provides for a maximum workweek of 40 hours. The maximum permitted overtime work may not exceed eight hours on average within a seven-day period, which is calculated over a four-month reference period. The law requires a minimum of 100 percent premium pay in compensation for overtime, unless the parties agree to other forms of compensation in a contract; however, this was rarely enforced.

The law establishes minimum occupational health and safety standards for the workplace, which are current and appropriate for the main industries. While the law allows workers to remove themselves from situations that endanger health or safety without jeopardizing their employment, these regulations were not always followed. Workers are able to complain to the State Labor Inspectorate when they believe their rights are violated.

The State Labor Inspectorate is responsible for enforcing minimum wage regulations, restrictions on hours of work, and occupational health and safety standards. These standards were not always enforced in the informal economy. Penalties for violations are monetary and vary widely, depending on the severity and frequency of the violation, but they were generally sufficient to deter violations. The inspectorate had adequate resources to inspect and remediate labor standards problems and effectively enforced labor laws.

Through September the State Labor Inspectorate reported 39 workplace fatalities. The majority of these were classified as due to natural causes. The inspectorate also reported 122 serious workplace injuries. The State Labor Inspectorate commented that most of the injuries were actually minor injuries, such as a broken finger. Workplace injuries and fatalities were primarily in the construction, wood-processing, and lumber industries.

Real wage estimates were difficult to calculate in the sizeable informal economy, which according to some estimates accounted for approximately 24 percent of gross domestic product. Workers in low-skilled manufacturing and retail jobs as well as some public-sector employees, such as firefighters, were reportedly most vulnerable to poor working conditions, including long work hours, lack of overtime pay, and arbitrary remuneration.

Liechtenstein

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of all workers to form and join independent unions of their choice and to bargain collectively. The law is silent on the right to strike. The law neither prohibits antiunion discrimination nor requires reinstatement of workers fired for union activity.

The government adequately enforced applicable laws. Penalties in the form of fines were adequate to deter violations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for violations were sufficient to deter violations. The government effectively enforced the law.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and sets the minimum age for employment at 16, with exceptions for limited employment of children 14 years old. Children between the ages of 14 and 16 may engage in certain categories of light work, including running errands, housework, and babysitting, for no more than eight hours per week during the school year and 35 hours per week during school vacations. Children age 15 years and younger may be employed for the purposes of cultural, artistic, athletic, and advertising events. Working hours for youths between the ages of 15 and 18 who have completed compulsory education are not to exceed 40 hours a week. The labor law prohibits children younger than 17 from working overtime and prohibits children younger than 18 from engaging in night work and Sunday shifts. The labor law stipulates that an employer must consider the health of minors and provide them a proper moral environment within the workplace; the law also stipulates that employers may not overexert minors and that employers must protect the child from “bad influences” within the workplace.

The Office for Worker Safety of the Department of National Economy effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. Legal penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on gender, disability, race, nationality, age, and sexual orientation, among other characteristics. Violations may result in the award of compensation to a prospective or dismissed employee equal to at least three months’ salary. The government did not effectively enforce the law. Penalties were not sufficient to deter violations. According to the 2018 ECRI report and statements by the Liechtenstein Institute and Liechtenstein Association for Persons with Disabilities, women, particularly migrant and Muslim women wearing headscarves, persons with disabilities, and LGBTI individuals experienced discrimination in the labor market.

According to the Women’s Network, although the law explicitly requires equal pay for equal work, women still experienced discrimination in the workplace. The Women’s Network also noted a marked difference between men and women persisted in professional promotions; women were severely underrepresented in top-level management positions in private industry and the national administration.

e. Acceptable Conditions of Work

The law does not provide for a national minimum wage. The Liechtenstein Workers Association negotiates voluntary collective bargaining agreements annually with the Chamber of Commerce and the Chamber for Economic Affairs on a sector-by-sector basis. Collective bargaining agreements were effectively enforced. Penalties were sufficient to deter violations.

The law sets the maximum workweek at 45 hours for white-collar workers, employees of industrial firms, and sales personnel; and 48 hours for other workers. Some exceptions to overtime limits were authorized in the areas of nursing and medical treatment. The law provides for a standard workweek, including overtime, which may not exceed an average of 48 hours a week over a period of four consecutive months.

The law sets occupational safety and health standards, which were appropriate for the main industries in the country. The labor standards also cover the thousands of workers who commuted daily from neighboring countries. There are additional safeguards for youths, pregnant and breastfeeding women, and employees with children. Responsibility for identifying unsafe situations remains with occupational safety and health experts, not with workers.

The Office of Labor Inspection, a part of the Department of National Economy, is responsible for enforcing labor laws. The agency had a sufficient number of inspectors to enforce compliance with the law effectively. Penalties were sufficient to deter violations.

The LHRA and Infra noted the working conditions of domestic workers and nurses employed in private homes were not subject to inspections or official labor contracts, which made the sectors vulnerable to exploitation.

Lithuania

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except the armed forces, to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits employer discrimination against union organizers and members and requires reinstatement of workers fired for union activity. These provisions also apply to migrant workers.

There were some specific legal limits to these rights. The law bans sympathy strikes. It also prohibits law enforcement officials, first aid medical workers, and other security-related personnel from collective bargaining and striking, although they may join unions. The law does not afford workers in essential services, whose right to strike is restricted or prohibited, alternative procedures for impartial and rapid settlement of their claims or a voice in developing such procedures.

In the event of a disagreement between management and labor, any such disputes are settled by a labor arbitration board formed under the jurisdiction of the district court where the registered office of the enterprise or entity involved in the collective dispute is located. Despite the fact that the law establishes the binding character of the decision upon the parties, the decisions cannot lay down rights or obligations of individuals and are not enforceable by the courts. Labor-code procedures make it difficult for some workers to exercise the right to strike. The law prohibits sympathy strikes and allows an employer to hire replacement workers in certain sectors to provide for minimum services during strikes.

Penalties ranged from fines to imprisonment and were insufficient to deter violations. According to the International Trade Union Confederation, the judicial system was slow to respond to cases of unfair dismissal and no employer faced penal sanctions for antiunion discrimination as envisaged in the law. No courts or judges specialized in labor disputes.

The government generally respected freedom of association but did not enforce the labor code effectively, although resources, inspections, and remediation were adequate. Employers did not always respect collective bargaining rights, and managers often determined wages without regard to union preferences except in large factories with well organized unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and the government generally enforced the law effectively. Penalties ranged from a fine to imprisonment, which were sufficient to deter violations.

There were instances of forced labor, most of which involved Lithuanian men subjected to forced labor abroad. Foreign workers from Belarus, Russia, and Ukraine were at risk of labor trafficking as long-haul truck drivers, builders, ship hull assemblers, and welders.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law sets the minimum age for most employment at 16 but allows the employment of children as young as 14 for light work with the written consent of the child’s parents or guardians and school. The government has not created a list of jobs considered “light work.” The law mandates reduced work hours for children, allowing up to two hours per day or 12 hours per week during the school year and up to seven hours per day or 32 hours per week when school is not in session. According to the law, hazardous work is any environment that may cause disease or pose a danger to the employee’s life, such as heavy construction or working with industrial chemicals. Under the law children under 18 may not perform hazardous work. Penalties were sufficient to deter violations.

The State Labor Inspectorate is responsible for receiving complaints related to employment of persons younger than 18. The government effectively enforced the law. In the first eight months of the year, the inspectorate identified 25 cases in which children were working illegally in the construction, agriculture, retail, services, and manufacturing sectors.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination but does not specifically address HIV-positive or other communicable disease status, or gender identity. The law obliges the employer to implement the principles of gender equality and nondiscrimination, which prohibit direct and indirect discrimination, and psychological and sexual harassment. The employer must apply the same selection criteria and conditions when hiring new employees; provide equal working conditions, opportunities for professional development, and benefits; apply equal and uniform criteria for dismissal; pay equal wages for the same work and for work of equal value; and take measures to prevent psychological and sexual harassment in the workplace.

The government effectively enforced the law, issuing penalties adequate to deter violations.

The law stipulates that discrimination based on sex should also cover discrimination related to pregnancy and maternity (childbirth and breastfeeding). The matter of female poverty among the elderly who do not receive equal government social remuneration, as well as a pay gap between men and women, continued to exist.

The equal opportunity ombudsman (EOO) monitored the implementation of discrimination laws. As of September 1, the EOO received 155 complaints. To address the gender equality problem, the EOO in cooperation with the Association of Municipalities and the Lithuanian Women’s Lobby Organization continued implementing a three-year project, entitled Equal OpportunitiesSuccess in Municipalities. The EEO visited all 60 municipalities and gave presentations on discrimination and gender equality problems.

NGOs reported that workers in the Romani, LGBTI, and HIV-positive communities faced social and employment discrimination (see section 6). Non-Lithuanian speakers and persons with disabilities faced discrimination in employment and workplace access.

e. Acceptable Conditions of Work

According to the National Department of Statistics, as of January 1, the minimum monthly wage increased by 7 percent and was above the poverty line.

The law limits annual maximum overtime hours to 180 hours, and establishes different categories of work contracts, such as permanent, fixed-term, temporary agency, apprenticeship, project work, job sharing, employee sharing, and seasonal work. The occupational safety and health standards are current and appropriate for the main industries. The law applies to both national and foreign workers.

The government enforced standards effectively across all sectors including the informal economy, which accounted for an estimated 25 percent of the economy. The State Labor Inspectorate, which is responsible for implementing labor laws, had a staff sufficient to enforce compliance. During the first half of the year, the inspectorate conducted approximately 3,600 inspections at companies and other institutions. Of these cases, 80 percent were related to underpayment of wages, late payment of wages, or worker safety. Workers dissatisfied with the results of an investigation can appeal to the court system. The State Labor Inspectorate continued to conduct seminars for managers of companies, local communities, and persons looking for work. The seminars dealt with preventing and combating illegal employment, the administration of labor contracts, and worker’s rights.

According to the State Labor Inspectorate, violations of wage, overtime, safety, and health standards occurred primarily in the construction, retail, and manufacturing sectors. The inspectorate received complaints about hazardous conditions from workers in the construction and manufacturing sectors. As of October 1, the State Labor Inspectorate recorded 31 fatal accidents at work and 95 severe work-related injuries, compared with 25 and 58, respectively, in 2018. Most accidents occurred in the transport, construction, processing, and agricultural sectors. To address the problem, the inspectorate continued conducting a series of training seminars for inspectors on technical labor inspection. Workers have the legal right to request compensation for health concerns arising from dangerous working conditions.

Luxembourg

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, including foreign workers and workers in the informal sector, to form and join independent unions of their choice, to bargain collectively, and to conduct legal strikes. The law allows unions to conduct their activities without interference. Workers exercised these rights freely, and the government protected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

The right to strike excludes government workers who provide essential services. Legal strikes may occur only after a lengthy conciliation procedure between the parties. For a strike to be legal, the government’s national conciliation office must certify that conciliation efforts have ended.

The government effectively enforced the law. Resources, inspections, and remediation efforts were adequate. Penalties were sufficient to deter violations. The government and employers respected freedom of association and the right to collective bargaining in practice.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Continuously improving its resources and inspections, the government pursued suspected cases and effectively enforced the law. Penalties for violations included imprisonment under criminal law and were sufficient to deter violations.

There were reports that foreign men and women were engaged in forced labor, chiefly in the construction and restaurant sectors. Some children were engaged in forced begging (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and the employment of children younger than 16. Trainees younger than age 16 must attend school in addition to their job training. The law also prohibits the employment of workers younger than 18 in hazardous work environments, on Sundays and official holidays, or for nighttime work. The Ministries of Labor and Education effectively enforced the child labor laws.

Romani children from neighboring countries were sometimes brought into the country during the day and trafficked for the purpose of forced begging (see section 7.b.).

Government resources, inspections, and remediation efforts were adequate. By law persons who employ children younger than 16 may be subject to a fine and prison sentence. The penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, color, political opinion, sex, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or refugee or social status. The government effectively enforced these laws and regulations. The labor code prohibits discrimination based on religion, national extraction, or social origin.

Employers occasionally discriminated against persons with disabilities in employment (see section 6, Persons with Disabilities). The law establishes quotas that require businesses employing more than 25 persons to hire workers with disabilities and pay them prevailing wages, but InfoHandicap, an NGO for persons with disabilities, noted that the government had not enforced these laws consistently.

The law provides for the same legal status and rights for women as for men, including rights under labor law and in the judicial system. The law mandates equal pay for equal work. According to information provided by the Ministry of Equality between Women and Men, during the year employers paid women 5.5 percent less on average than men for comparable work.

e. Acceptable Conditions of Work

As of January 1, the national minimum wage for a worker above the age of 18 was greater than the estimated poverty income level. Minimum wage provisions apply to all employees, including foreign, migrant, temporary, and contract workers.

The Labor Inspection Court (ITM), the Social Security Ministry, and the Superior Court of Justice are responsible for enforcing laws governing maximum hours of work and mandatory holidays. The government regularly conducted investigations and transferred cases to judicial authorities. The majority of alleged violations occurred in the construction sector. The agencies effectively enforced the law, when notified. The law’s penalties are sufficient to deter violations. In 2018 the ITM carried out 3,667 checks and levied a total of 2.208 million euros ($2.429 million) in fines.

The law mandates a safe working environment. Workers can remove themselves from situations endangering health and safety without jeopardizing their employment. Authorities effectively protected employees in this situation. Penalties are sufficient to deter violations.

The Labor Inspectorate of the Ministry of Labor and the accident insurance agency of the Social Security Ministry are responsible for inspecting workplaces. The ITM reported it needs more personnel because the number of inspectors was not sufficient to identify violations as the country’s construction sector continues to expand. Workers have the right to ask the Labor Inspectorate to make a determination regarding workplace safety. Penalties for violations included fines and imprisonment and were generally sufficient to deter violations. Accidents occurred most frequently in the construction and catering sectors. In 2018 the ITM recorded 442 accidents (versus 384 accidents in 2017), including 10 fatalities.

Malta

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

The law criminalizes domestic abuse. In July the government amended the criminal code and the Gender-Based Violence and Domestic Violence Act to strengthen enforcement in cases of gender-based violence and domestic violence and also to ensure representation of persons with disabilities on the Gender-Based Violence and Domestic Violence Commission.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. A trade union can register an industrial dispute with an employer, at which point the trade union enters into negotiations with the employer. In the absence of an agreement, both parties are free to resort to industrial action. The trade union can take industrial actions, which may include slowdowns, wildcat strikes, work-to-rule, strike action for a defined period of time or any other industrial action which the union may deem necessary. The employer may use a “lockout” to protect its interests.

The law prohibits antiunion discrimination and provides for the reinstatement of unfairly dismissed workers, including for legal, nonviolent union activity. Workers have a right to seek redress for alleged antiunion dismissals, although procedures to seek such redress were unclear for certain categories of public sector workers.

Members of the military and law enforcement personnel may join a registered trade union, but the law prohibits strikes by this category of workers. The law does not explicitly prohibit acts of interference by worker or employer organizations in one another’s activities. According to the International Labor Organization (ILO), compulsory arbitration continues to limit collective bargaining rights. Arbitration did not take place during the year.

The government effectively enforced applicable laws. Penalties ranged from fines to two years’ imprisonment and were sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

Both the government and employers generally respected these rights, and workers freely exercised them during the year. There were no reports of antiunion discrimination or other forms of employer interference in union activities. Trade unions and employers’ organizations may both refer a dispute to the Industrial Tribunal, but it is customary that until the tribunal decides on an award, both parties generally refrain from taking further industrial action.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. The government generally took some steps to prevent and eliminate forced labor and acted quickly to investigate and address complaints. The processing of cases through the courts was slow. Three labor trafficking prosecutions initiated in 2014 remain pending. The law prescribes penalties of imprisonment for forced labor violations; such penalties were considered sufficient to deter violations. Nevertheless, there were reports of adult men and women in bonded labor and domestic servitude. Foreign domestic workers as well as irregular migrant workers were vulnerable to forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor as well as employment of children younger than 16 in all sectors. The director general for educational services in the Ministry of Education and Employment may grant an exemption for employment only after determining that it would not harm the health or normal development of the minor. While no legal work is specifically restricted for minors, children granted an exemption may work up to 40 hours per week. Children are not allowed, however, to carry out any night duties or perform work that could be regarded as harmful, damaging, or dangerous to a young person. Minors granted an exemption to work in certain areas such as manufacturing, heavy plant machinery, and construction are required to work under supervision.

The government generally enforced the law in most formal sectors of the economy. Jobs Plus, the former Employment Training Corporation, a government entity under the Ministry for Education and Employment, is responsible for labor and employment issues. While Jobs Plus generally enforced the law in most formal sectors of the economy, it allowed summer employment of underage youth in businesses operated by their families. No assessment was available on the effectiveness with which Jobs Plus monitored the unregistered employment of children as domestic employees and restaurant workers. Fines and penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in any form of employment and occupation. The government effectively enforced the law. However, many foreign workers, including migrants, worked in dangerous, unsanitary jobs, with low social status and little prospect of improvement in their employment conditions. Penalties took the form of fines and were sufficient to deter violations against citizens, and remedies were available to them through the civil court system.

From January to September, the NCPE received seven claims of alleged workplace discrimination, including complaints at the recruitment stage. Following an NCPE investigation, the commissioner may either dismiss the complaint or find the complaint warranted. In the latter case, if the complaint constitutes an offense, the commissioner must submit a report to the police commissioner for action. In instances where the complaint did not constitute an actionable offense, the NCPE followed the law and undertook steps to investigate the cases and refer them to the police or mediate to ensure provision of redress as appropriate.

While women constituted a growing proportion of graduates of higher education and of the workforce, they remained underrepresented in management and generally earned less than their male counterparts. Eurostat reports showed the gender pay gap in 2017, the most recent period for which data was available, was 12 percent. In 2018 labor force participation by women was 63 percent, compared with 86 percent for men.

e. Acceptable Conditions of Work

The country had a national weekly minimum wage that was above the poverty income level. The government effectively enforced the minimum wage. Penalties were sufficient to deter violations. Early in the year, the country’s second largest trade union, Voice of the Workers, expressed concern about reports that some foreign workers were paid below the minimum hourly rate.

The law mandates a standard workweek of 40 hours, but the norm was 43 or 45 hours in certain occupations such as in health care, airport services, and civil protective services. The law provides for paid annual holidays (i.e., government holidays) and paid annual leave. The law prohibits excessive compulsory overtime, and employers cannot oblige employees to work more than 48 hours per week, inclusive of overtime.

The government sets occupational safety and health standards, and such standards were current and appropriate for the main industries in the country. Workers have the right to remove themselves from situations dangerous to health or safety without jeopardizing their employment.

The Ministry of Education and Employment generally enforced minimum wage and hours of work requirements effectively in the formal economy. The Occupational Health and Safety Authority (OHSA), a government entity composed of representatives of the government, unions, and employers, conducted regular inspections at worksites and cited a number of offenders. Nevertheless, enforcement of health and safety standards continued to be inconsistent. There were media reports that in at least the construction industry, the number of labor inspectors fell short of the ILO standard.

Workers in the informal economy did not have the same protection but were able to file complaints against companies that failed to provide a safe work environment. Many workers were unaware of their rights and social welfare programs because they avoided state-run agencies over concerns about their work or immigration status.

Authorities did not stringently enforce standards in the informal economy, which consisted of approximately 5 percent of the workforce and encompassed various sectors of working society, including day laborers and self-employed individuals. The OHSA imposed fines on companies that did not comply with minimum safety standards in the formal economy and, to a lesser extent, the informal economy.

Industrial accidents remained frequent, particularly in the manufacturing, building, and construction sectors, with reported incidents up by nearly 4 percent in the first half of 2018, according to the National Statistics Office. The OSHA reported four fatalities in 2018, its most recent published finding. Although the government reported steady progress in improving working conditions, authorities conceded that the labor shortage, coupled with language barriers and lack of required certifications, contributed to unsafe conditions in some workplaces.

Irregular migrant workers, who made up a small but growing percentage of the workforce, sometimes worked under conditions that did not meet the government’s minimum standards for employment. The Agency for the Welfare of Asylum Seekers, in coordination with Jobs Plus, which is administered by the government, organized informational programs to help individuals pursue employment and obtain work permits. The latest economic growth figures require nearly 10,000 new workers annually, so many jobs continued to be filled by regular and irregular migrants.

Moldova

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers the right to form and join independent unions, bargain collectively, and conduct strikes. The government generally respected these rights with limitations. The law prohibits antiunion discrimination but does not provide for the reinstatement of workers fired for union activity. The law does not allow government workers and workers in essential services, such as law enforcement, judges, holders of public administration offices, health-care providers, and public utility employees, to strike. The law prohibits strikes during natural disasters, epidemics, and pandemics as well as in times of state emergency. Authorities may impose compulsory arbitration at the request of one party to a dispute. There are no particular groups of workers excluded from or covered differently by relevant legal protections.

The government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were independent of the government, political parties, employers, or employers’ associations. There were no reports that the government, political parties, or employers interfered in the functioning of workers’ organizations. Prosecutors may reject appeals by trade unions alleging antiunion behavior, and authorities did not punish alleged violations of the trade union law. Workers exercised the right to strike by conducting legal strikes.

There is a mechanism to monitor and enforce labor laws through the State Labor Inspectorate (SLI) and the Prosecutor General’s Office, but it failed to monitor effectively and enforce the rights to collective bargaining and to organize. The law does not provide effective sanctions for violations of freedom of association, or stipulate penalties for violating trade union rights. Penalties for the deliberate failure to negotiate and amend collective agreements or the violation of negotiated terms were not sufficient to deter violations.

The SLI does not have the authority to enforce penalties for violations of workplace health and safety concerns; this was delegated to 10 other state agencies according to their areas of expertise.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, with exceptions. The law and a government decision allow central and local authorities as well as military bodies to mobilize the adult population under certain conditions, such as in the event of a national disaster, and to employ such labor to develop the national economy. The government did not invoke this provision during the year. Penalties for persons who engage workers in forced labor were sufficiently stringent to deter violations and were seldom imposed.

The government did not effectively enforce the law. Resources, inspections, and remediation for forced labor were generally inadequate. Men and women were subjected to labor trafficking to Russia, Turkey, Cyprus, and the United Arab Emirates. Internal trafficking occurred in all regions of the country, focused mostly on farms and begging in larger towns. Internal trafficking for begging and labor exploitation, particularly in the agriculture and construction sectors, was steadily on the rise. Official complicity in trafficking continued to be a significant problem that the government attempted to curb by prosecuting those involved.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15. The law permits juveniles between the ages of 16 and 18 to work under special conditions, including shorter workdays (35 hours per week and no night, weekend, holiday, or overtime work). With written permission from a parent or guardian, 15-year-old children may work. Work for children who are 15 or 16 should not exceed 24 hours per week. Children younger than 18 are not allowed to perform hazardous and dangerous activities in 30 industries, including construction, agriculture, food processing, and textiles. The law prohibits the worst forms of child labor and provides for three to 15 years’ imprisonment for persons engaging children in such activities. Under aggravated circumstances, courts can increase the sentence to life imprisonment. These penalties were sufficient to deter violations.

Parents who owned or worked on farms often sent children to work in fields or to find other employment. Children left behind by parents who had emigrated abroad also worked on farms. The vast majority of child laborers worked in family businesses or on family farms.

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 law prohibits discrimination based on sex, age, race, color, nationality, religion, political opinion, social origin, residence, disability, HIV-positive status, and membership or activity in trade unions, as well as other criteria. The law requires employers to provide for equal opportunity and treatment of employees without discrimination, to apply the same criteria to assess each employee’s work, and to provide equal conditions for men and women relating to work and family obligations. The law defines and prohibits both direct and indirect discrimination. Penalties were generally sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to gender, disability, minority status, sexual orientation, gender identity, and HIV-positive status. The National Trade Union Confederation (NTUC) reported frequent cases of employers denying employment to pregnant women, since such employment was associated with additional benefits payable after childbirth.

The law also stipulates that the Council for Preventing and Eliminating Discrimination and Ensuring Equality be responsible for reviewing complaints of discrimination and making recommendations. As of September the council made decisions on 191 cases of alleged discrimination, 43 percent more than in 2018.

e. Acceptable Conditions of Work

According to NTUC, as of October, salary arrears were more than 40 million lei ($2.27 million), with almost half the sum accounted for by the state forestry service.

The law sets the maximum workweek at 40 hours with overtime compensation; provides for at least one day off per week; and mandates paid annual leave of at least 28 calendar days (government holidays excluded). Different paid leave plans may be used in some sectors, such as education, health care, and public service. The law prohibits excessive compulsory overtime. Foreign and migrant workers have the same legal status as domestic workers.

The government sets occupational safety and health standards. According to labor law, workers can remove themselves from situations that endanger their health or safety without jeopardy to their employment.

The labor code requires work contracts for employment. There were no reports of work contracts in the agricultural sector, where the central government did not have an effective mechanism to monitor compliance.

Government efforts to enforce requirements for minimum wage, work hours, and occupational health and safety standards were limited and ineffective. The law requires the government to establish and monitor safety standards in the workplace, but there is no public reporting available on inspections for compliance with health and safety standards. Penalties for violations were insufficient to deter violations.

Inspectors from the SLI were required to give advance notice before conducting labor investigations and were generally prohibited from conducting onsite inspections if information sought could be obtained in writing, which undercut their enforcement ability. This legal change also distributed responsibility for occupational health safety controls to 10 sectoral inspection agencies, most of which did not have sufficient trained staff to carry out inspections. As a result, the SLI did not conduct any unannounced or onsite inspections in 2018 or from January to June, and the sectoral agencies conducted fewer than 100 such inspections. Authorities did not effectively enforce legal protections, and child labor remained a problem, especially in the agriculture and construction industries.

A thriving informal economy accounted for a significant portion of the country’s economic activity. According to the International Labor Organization, 30.9 percent of the total employed population had an informal job and 68.7 percent of those jobs were in the agricultural sector. Workers in the informal economy did not have the same legal protections as employees in the formal sector. There were no government social programs targeting workers in the informal economy.

Poor economic conditions led enterprises to spend less on safety equipment and to pay insufficient attention to worker safety. There is a consensus among stakeholders that after the change in the legislation governing labor inspections, occupational safety and health standards in the workplace worsened during the year. In the first nine months of the year, the SLI reported 352 work accidents involving 366 victims. The SLI also reported 18 work-related deaths. Enterprise committees investigated 266 cases of temporary incapacitation resulting from work accidents, involving 274 persons.

Monaco

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, including foreign workers, to form and join independent unions, bargain collectively, and conduct legal strikes; government workers do not have the right to strike. Antiunion discrimination is prohibited. According to a report published in 2016 by the European Commission against Racism and Intolerance (ECRI), the law requires the majority of members of a trade union’s bureau to be citizens of Monaco or France. Union representatives may be fired only with the agreement of a commission that includes two members from the employers’ association and two from the labor movement. The government generally respected these rights.

The government generally enforced the law. Penalties were generally sufficient to deter violations. The government provides the assistance of mediators for private or professional conflicts to avoid long and costly court procedures and to find a solution acceptable to all parties to the dispute.

The government and employers generally respected freedom of association and the right to bargain collectively, and employer organizations and trade unions negotiated agreements on working conditions that were largely respected.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced or compulsory labor. Information regarding the adequacy of resources, remediation effort, inspection sufficiency, and penalties for violations was not available.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16. Employment between the ages of 16 and 18 is subject to severely restricted conditions. Youths younger than age 18 are allowed to work eight hours per day to a maximum of 39 hours per week and are barred from night work. The government enforced the law effectively. Penalties were sufficient to deter violations; no violations were reported during the year.

d. Discrimination with Respect to Employment and Occupation

The law requires equal pay for equal work. No data were available to substantiate any gender pay discrepancy,

The law allows the firing of foreign employees without justification. ECRI reported foreign women did not enjoy the same entitlement to social benefits as their male counterparts.

e. Acceptable Conditions of Work

There is a minimum wage, which exceeded the official estimate of the poverty level. Wage laws were enforced, and penalties for violations were sufficient to deter violations. Law and government decree establish health and safety standards that are appropriate for the country. Workplace health and safety committees and government labor inspectors enforced the standards.

The Department of Employment in the Ministry of Health and Social Affairs had several labor inspectors. The chief inspector answered directly to the director of the Department of Employment. Labor inspectors informed employers and employees on all matters related to labor laws as well as health and safety standards. They arbitrated, mediated, and reconciled labor/management disputes. When possible, they carried out onsite inspections to ensure employers respected all requirements of the law. Data was not available on enforcement of occupational safety and health standards in the informal economy.

Montenegro

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, including members of the armed forces, to form and join independent trade unions, bargain collectively, and conduct legal strikes. In order to represent workers in collective bargaining at the enterprise level, a union must count at least 20 percent of the workforce in the enterprise as members. To act as a worker representative in a sector, group, or branch of industry, a trade union must include at least 15 percent of the total workforce in that sector, group, or branch. The law prohibits discrimination against union members or those seeking to organize a union and requires the reinstatement of workers dismissed for union activity.

The government generally enforced the law. Penalties were sufficient to deter most violations.

While the government generally respected freedom of association, employers often intimidated workers engaged in union activity. Workers exercised their right to join unions and engage in collective bargaining, although not always without employer interference.

Although allowed by law, collective bargaining remained rare. The government continued to be party to collective negotiations at the national level. Only the union with the largest registered membership at any given level was entitled to bargain, negotiate settlements of collective labor disputes, and participate in other government bodies.

The right to strike is restricted for public servants whose absence from work would jeopardize public interests, national security, the safety of persons and property, or the functioning of the government. International observers noted that the range of professions in which strikes are proscribed exceeds international standards. Employers may unilaterally establish minimum service requirements if negotiations with trade unions fail to lead to an agreement.

Management and local authorities often blocked attempts to organize strikes by declaring them illegal, citing lack of legally required advance notice, which ranges from two to 10 days, depending on circumstances. There were reports from employees in both the private and public sectors that employers threatened or otherwise intimidated workers who engaged in union organizing or in other legal union activities. In some cases, private employers reduced workers’ salaries or dismissed them because of their union activities.

Workers in privatized or bankrupt companies had outstanding claims for back pay and severance. In some cases workers were not able to collect on their claims, despite valid court decisions in their favor. Several local governments failed to pay their staff for months at a time. Unpaid wages, factory closures, and growing poverty led to some protests in older industrial cities such as Berane and Niksic, as well as the capital, Podgorica, where the workers of the long-closed Radoje Dakic factory again protested for unpaid wages nearly two decades after the factory’s closure. Trade unions claimed workers were largely unaware of their rights and afraid of retaliation if they initiated complaints.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and authorities made efforts to investigate or identify victims of forced labor in the formal economy. Penalties under the law for offenses related to forced labor were sufficiently stringent to deter violations compared to penalties for other serious crimes.

There were reports of Romani girls forced into domestic servitude and of children forced to beg, mostly by their families (see section 7.c.). There were no prosecutions or convictions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The official minimum age for employment is 15. Children younger than 18 may not engage in jobs that require difficult physical labor; overtime; work at night, underground, or underwater work; or work that “may have a harmful effect or involve increased risk to their health and lives,” although the law allows employees between the ages of 15 and 18 to work at night in certain circumstances. The government generally enforced these restrictions in the formal, but not the informal, economy.

Penalties under the law were sufficient to deter violations. The Labor Inspectorate investigated compliance with the child labor law only as part of a general labor inspection regime. The government did not collect data specifically on child labor.

Many parents and relatives forced Romani, Ashkali, and Balkan-Egyptian children to work at an early age to contribute to their family’s income. They engaged in begging at busy intersections, on street corners, door to door, and in restaurants and cafes or in sifting through trashcans. While many working children were from the country, a large percentage of those between the ages of seven and 16 were from nearby countries, mainly Kosovo and Serbia. Police generally returned the children they apprehended to their families.

In villages, children usually worked in family businesses and agriculture. Romani, Ashkali, and Balkan-Egyptian children worked chiefly during the summer, typically washing car windows, loading trucks, collecting items such as scrap metal, selling old newspapers and car accessories, or working alongside their parents as day laborers. Many internally displaced Romani, Ashkali, and Balkan-Egyptian children were forced to engage in begging or manual labor. Police asserted that begging was a family practice rather than an organized, large-scale activity, but this claim was disputed by several NGOs. Begging was readily observable, particularly in Podgorica and the coastal areas during the summer. Police seldom pressed charges against the adult perpetrators. Authorities placed victims of forced child labor who did not have guardians in the children’s correctional facility in Ljubovic. After leaving the facility, most children returned to forced begging. Romani NGOs tried to raise awareness of the problem and suggested the government did not provide sufficient resources to rehabilitate children begging and living on the street.

Children were subjected to commercial sexual exploitation (see section 6, Children, and section 7.b.).

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 law prohibits discrimination based on race, color, sex, religion, political opinion or other affiliation, national origin, citizenship, disability, sexual orientation, gender identity, age, language, pregnancy, marital status, social status or origin, membership in political and trade union organizations, or health conditions, including HIV-positive status and other communicable diseases. The government did not enforce antidiscrimination laws and regulations effectively, and there were instances of discrimination on these bases. Persons with disabilities faced significant discrimination in employment despite affirmative action programs that provided significant financial incentives to employers to hire persons with disabilities. According to the state employment agency, less than 2 percent of persons with disabilities were employed. Advocates noted there were too few training programs for persons with disabilities to contribute significantly to their economic integration. Neither governmental entities nor private employers hired many persons with disabilities. NGOs reported employers often chose to pay fines rather than employ a person with a disability.

Women were, at times, subject to discrimination based on their marital status, pregnancy, or physical appearance. Employers did not respect all of their legal obligations to pregnant women and sometimes reduced their responsibilities or fired them after they returned from maternity leave. A disproportionate share of women held jobs with lower levels of responsibility than men. Employers promoted women less frequently than men. Some job announcements for women explicitly included discriminatory employment criteria, such as age and physical appearance. Employers at times violated women’s entitlement to a 40-hour workweek, overtime, paid leave, and maternity leave. Societal expectations regarding women’s obligations to the family reduced their opportunities to obtain jobs and advance in the workplace. Nevertheless, an increasing number of women served in professional fields, such as law, science, and medicine. Women accounted for less than 9 percent of personnel in the armed forces and National Police Force.

Bosniaks, who accounted for 9 percent of the country’s population, constituted 6 percent of the government workforce. Roma, displaced persons, refugees, and migrant workers faced employment discrimination. Migrant workers usually came from Serbia, Bosnia and Herzegovina, Macedonia, or Albania to work on construction sites and in agriculture. There were also instances of discrimination against unregistered domestic and foreign workers.

e. Acceptable Conditions of Work

According to the National Statistics Office, the national monthly minimum wage, was slightly above the government’s absolute poverty line. Significant portions of the workforce–particularly in rural areas and in the informal sector–earned less than the minimum wage.

The law limits overtime to 10 hours per week, but seasonal workers often worked much longer.

Many workers, particularly women employed in the commercial, catering, and service industries, worked unpaid overtime, and employers sometimes forced them to work on religious holidays without additional compensation or to forgo their rights to weekly and annual leave. Employers sometimes failed to pay the minimum wage, other employee benefits, or mandatory contributions to pension funds. Employees often did not report such violations due to fear of retaliation. The practice of only formally paying a worker the minimum wage, thus being responsible for lower mandatory contributions, and giving the employee cash payments as a supplement was common. Also common was the practice of signing short-term work contracts or having lengthy “trial” periods for workers instead of signing them on to permanent contracts as prescribed by law.

Administrative and judicial procedures were subject to lengthy delays and appeals, sometimes taking years. This led to an increase in the number of persons seeking recourse through alternative dispute resolution. Most disputes reviewed by the Agency for Peaceful Resolution of Labor Disputes involved accusations of government institutions violating laws on overtime, night work, holidays, social insurance contribution requirements, and other administrative regulations.

The government set occupational health and safety standards that were current and appropriate for the main industries. Regulations require employers and supervisors to supply and enforce the use of safety equipment, conduct risk assessment analysis, and report any workplace deaths or serious injuries within 24 hours.

The Labor Inspectorate is responsible for enforcing wage, hour, and occupational health and safety laws. The number of labor inspectors was sufficient to enforce compliance in the formal economy. Resources, remediation efforts, and investigations were not adequate to successfully identify, enforce, or prevent violations in the informal economy. Penalties for violation of wage and hour rules were insufficient to deter violations. Penalties for violations of occupational health and safety standards were generally a sufficient deterrent in the formal sector. Labor inspectors have the legal authority to close an establishment until it corrects violations or to fine owners who commit repeated violations, although they rarely exercised this right in practice.

Employment in the construction, energy, wood-processing, transportation, and heavy industries presented the highest risk of injury. The most frequent reasons cited for unsafe working conditions were the lenient fines for violations of safety rules, failure to use safety equipment, lack of work-related information and training, inadequate medical care for workers, and old or inadequately maintained equipment.

Netherlands

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The laws in all parts of the kingdom provide for public- and private-sector workers to form or join independent unions of their own choosing without prior governmental authorization or excessive requirements. The law provides for collective bargaining. Unions may conduct their activities without interference.

The law prohibits antiunion discrimination and retaliation against legal strikers. It requires workers fired for union activity to be reinstated. The law restricts striking by some public-sector workers if a strike threatens the public welfare or safety. Workers must report their intention to strike to their employer at least two days in advance.

The government effectively enforced applicable laws. Penalties, including fines, were sufficient to deter violations. Throughout the kingdom, the government, political parties, and employers respected the freedom of association and the right to bargain collectively. Authorities effectively enforced applicable laws related to the right to organize and collective bargaining.

The Netherlands’ Trade Union Confederation alleged temporary workers were used to break strikes.

b. Prohibition of Forced or Compulsory Labor

Throughout the kingdom the law prohibits all forms of forced or compulsory labor, and the government enforced it. The penalty for violating the law against forced labor ranges from 12 years’ imprisonment in routine cases to 18 years’ imprisonment in cases where the victim incurs serious physical injury and life imprisonment in cases where the victim dies. These penalties were adequate to deter violations.

Enforcement mechanisms and effectiveness varied across the kingdom. In the Netherlands the Inspectorate for Social Affairs and Employment investigated cases of forced or compulsory labor. The inspectorate worked with various agencies, such as police, and NGOs to identify possible cases. After completion of the investigation, cases were referred to the prosecutor’s office. On the islands of the Dutch Caribbean, labor inspectors together with representatives of the Department for Immigration inspected worksites and locations for vulnerable migrants and indicators of trafficking. In Sint Maarten the lack of standard procedures for front-line responders to identify forced labor victims hindered the government’s ability to assist such persons. Following an investigation into the possible exploitation of three Filipina women hired as domestic servants, the public prosecutor’s office determined in September that the case did not amount to forced labor, despite claims from the Filipino community alleging unfair labor practices and exploitation.

Isolated incidents of forced or compulsory labor occurred in the kingdom. Victims of coerced labor included both domestic and foreign women and men, as well as boys and girls (see section 7.c.) forced to work in, among other sectors, agriculture, horticulture, catering, domestic servitude and cleaning, the inland shipping sector, and forced criminality (including illegal narcotics trafficking).

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

c. Prohibition of Child Labor and Minimum Age for Employment

In the Netherlands the law prohibits the worst forms of child labor, and there were no reports of child labor. The government categorizes children into three age groups for purposes of employment: 13 to 14, 15, and 16 to 17. Children in the youngest group are allowed to work only in a few light, nonindustrial jobs and only on nonschool days. As children become older, the scope of permissible jobs and hours of work increases, and fewer restrictions apply. The law prohibits persons younger than 18 from working overtime, at night, or in hazardous situations. Hazardous work differs by age category. For example, children younger than 18 are not allowed to work with toxic materials, and children younger than 16 are not allowed to work in factories. Holiday work and employment after school are subject to very strict rules set by law. The government effectively enforced child labor laws. Offenders faced fines, which were sufficient to deter violations.

Aruba’s law prohibits the worst forms of child labor. In Aruba the minimum age for employment is 15. The rules differentiate between “children” and “youngsters.” Children are boys and girls younger than 15, and youngsters are persons between the ages of 15 and 18. Children age 13 or older who have finished elementary school may work, if doing so is necessary for learning a trade or profession (apprenticeship), not physically or mentally taxing, and not dangerous. Penalties range from fines to imprisonment, which were adequate to deter violations. The government enforced child labor laws and policies with adequate inspections of possible child labor violations.

Curacao’s law prohibits the worst forms of child labor. The island’s minimum age for employment is 15. The rules differentiate between children and youngsters. Children are those younger than 15, and youngsters are persons between the ages of 15 and 18. Children age 12 or older who have finished elementary school may work if doing so is necessary for learning a trade or profession (apprenticeship), not physically or mentally taxing, and not dangerous. The penalty for violations is a maximum four-year prison sentence, a fine, or both, which was adequate to deter violations.

Sint Maarten’s law prohibits the worst forms of child labor. In Sint Maarten the law prohibits children younger than 14 from working for wages. Special rules apply to schoolchildren who are 16 and 17 years of age. The law prohibits persons younger than 18 from working overtime, at night, or in activities dangerous to their physical or mental well-being. Penalties ranged from fines to imprisonment and were adequate to deter violations. The government effectively enforced the law.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations throughout the kingdom prohibit discrimination in employment and occupation, and the government effectively enforced the laws. The law applies to all refugees with residency status. Penalties took the form of fines and were adequate to deter violations.

The NIHR focused on discrimination in the labor market, such as discrimination in the workplace, unequal pay, termination of labor contracts, and preferential treatment of ethnically Dutch employees. Although the NIHR’s rulings are not binding, they were usually adhered to by parties. In 2018 the NIHR addressed 277 cases of possible labor discrimination. In November 2018, for example, the NIHR ruled that a software company discriminated against a female employee when it notified her that women were required to wear dresses as part of appropriate work attire. Plaintiffs may also take their cases to court, but the NIHR was often preferred because of a lower threshold to start a case. The Inspectorate for Social Affairs and Employment conducted inspections to investigate whether policies were in place to prevent discrimination in the workplace. The law addresses adaptations that require employers to accommodate employees with disabilities, and the government worked to improve the position of persons with disabilities in the labor market (see section 6).

Discrimination occurred in the Netherlands, including on the basis of race and sex. The country’s nationals with migrant backgrounds faced numerous barriers when looking for work, including lack of education, lack of Dutch language skills, and racial discrimination. According to Statistics Netherlands, the minority unemployment rate of non-Western migrants during 2018 was more than twice that of the native workforce, while the unemployment rate among youths with a non-Western migrant background was almost three times higher than among native youth. The government implemented a program called “Further Integration on the Labor Market” to improve the competitiveness of those with a migrant background seeking work in the Netherlands. The program set up eight different pilot projects to identify which interventions would better increase labor market participation among these populations.

Discrimination in employment and occupation also occurred with respect to race, religion, and disability. Migrant workers also faced discrimination in employment. The International Labor Organization noted, for example, in the Netherlands, non-Western persons were more likely to work under flexible contracts, had higher rates of youth unemployment, and continued to encounter discrimination in recruitment. The NIHR reported in 2018 that 61 percent of the discrimination in employment claims it received were related to pregnancy. Female unemployment was higher than male, and female incomes lagged behind male counterparts.

e. Acceptable Conditions of Work

In the Netherlands the minimum wage for an adult older than 21 was 1,635 euros ($1,800) per month, which was sufficient for a single-person household but inadequate for a couple with two children, according to the government. The government effectively enforced wage laws.

In Aruba there was no official poverty level, and the monthly minimum wage in 2019 was 1,762 Aruban florins ($974). In Curacao the minimum hourly wage was nine Netherlands Antillean guilders (five dollars), and the official poverty level was 2,195 guilders ($1,230) per month. The official minimum hourly wage in Sint Maarten was 8.83 Netherlands Antillean guilders ($4.93); no poverty-level income information was available.

In the Netherlands the law does not establish a specific number of hours as constituting a full workweek, but most workweeks were 36, 38, or 40 hours long. Collective bargaining agreements or individual contracts, not law, regulate overtime. The legal maximum workweek is 60 hours. During a four-week period, a worker may only work 55 hours a week on average or, during a 16-week period, an average of 48 hours a week, with some exceptions. Persons who work more than 5.5 hours a day are entitled to a 30-minute rest period.

In the Netherlands the government set occupational health and safety standards across all sectors. Standards were appropriate for main industries and frequently updated. The situation was similar in Aruba, Curacao, and Sint Maarten. In Sint Maarten the government established guidelines for acceptable conditions of work in both the public and private sectors covered specific concerns, such as ventilation, lighting, hours, and terms of work. The ministries of labor within the kingdom reviewed and updated the guidelines and routinely visited businesses to ensure employer compliance.

In the Netherlands the Inspectorate for Social Affairs and Employment effectively enforced the labor laws on conditions of work across all sectors, including the informal economy. Resources, inspectors, and remediation were adequate. In 2018 labor inspectors imposed an average fine of nearly 9,800 euros ($10,800), which was sufficient to deter violations. The inspectorate can order companies to cease operations due to safety violations or shut down fraudulent temporary employment agencies that facilitate labor exploitation.

Most violations in the Netherlands were in temporary employment agencies that mainly hired workers from Eastern Europe, particularly in the construction and transportation sectors, without paying the minimum wage. The situation was similar in Aruba, Curacao, and Sint Maarten, although the underpaid workers were generally from Latin America.

North Macedonia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Trade unions are based on voluntary membership, and activities are financed by membership dues. Approximately 22 percent of employees are union members.

Union representatives, with the exception of a few branch unions, claimed they were generally not free from the influence of government officials, political parties, and employers.

The law requires federated unions to register with the MLSP and with the State Central Registry.

A court of general jurisdiction may terminate trade union activities at the request of the registrar or competent court when those activities are deemed to be “against the constitution and law.” There are no nationality restrictions on membership in trade unions, although foreign nationals must have a valid work permit and be employed by the company or government body listed on the permit. Although legally permitted, no unions operate in the free economic zones.

The government and employers did not always respect freedom of association, the right to strike, and the right to collective bargaining. Unions maintained the law’s “exclusionary” provision, which allowed employers to terminate up to 2 percent of workers from collective bargaining negotiations during a strike. Collective bargaining is restricted to trade unions that represent at least 20 percent of the employees and employers’ associations that represent at least 10 percent of the employers at the level at which the agreement is concluded (company, sector, or country). Government enforcement resources and remediation were inadequate. Penalties for violations of the law were insufficient to deter violations. Administrative and judicial procedures were generally subject to lengthy delays.

The MLSP received three complaints in the period 2018-19 about violations of the right to union organization and freedom of association. The complaints were forwarded to the State Labor Inspectorate and are currently pending action.

The president of the Confederation of Free Trade Unions (KSS), Blagoja Ralpovski, claimed he was fired from the State Cadaster Agency due to his union activities. He filed a lawsuit for wrongful termination, with court action pending at year’s end.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced or compulsory labor, and the government largely enforced applicable laws. The law prescribes imprisonment, which applies to violations of forced labor laws or for the destruction or removal of identification documents, passports, or other travel documents. Penalties were generally sufficient to deter violations. There were instances in which women and children were subjected to forced labor, such as peddling small items in restaurants and bars, and sexual exploitation. Some Romani children were subject to forced begging, often by relatives (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government has established laws and regulations related to child labor, including prohibiting the worst forms of child labor. The government made efforts to enforce the law in the formal economy but did not do so effectively in the informal economy. Gaps exist in the country’s legal framework to protect children adequately from labor abuses, including the worst forms of child labor, and the minimum age for work. The minimum age for employment is 15. Children may begin work at 14 as apprentices or as participants in official vocational education programs, cultural, artistic, sports, and advertising events. The law prohibits employing minors under the age of 18 in work that is detrimental to their physical or psychological health, safety, or morality. It also prohibits minors from working at night or more than 40 hours per week.

The MLSP’s Labor Inspectorate is responsible for enforcing laws regulating the employment of children. Police and the ministry, through centers for social work, shared responsibility for enforcing laws on child trafficking, including forced begging. Due to lack of enforcement, stringent penalties are insufficient to deter violations.

There were no reports of children under 18 unlawfully engaged in the formal economy. During inspections at some family-run businesses, the State Labor Inspectorate noted minor children assisting in the work, most commonly in family run handicrafts and retail businesses, as well as on farms.

Some children in the country engaged in forced begging, cleaning windshields; scavenging, or selling cigarettes or other small items in open markets, on the street, or in bars and restaurants at night. Although the necessary laws were in place, government efforts to eliminate forced begging by children were largely ineffective. Children involved in these activities were primarily Roma, Ashkali, and Balkan-Egyptian and most often worked for their parents or other family members. Despite enforcing legal remedies, such as temporary removal of parental rights, criminal charges, and revoking parental rights of repetitive offenders, officials were largely ineffective in preventing this continuous practice, and Romani children remained vulnerable to exploitation and forced labor.

The MLSP runs a call-center where child abuse can be reported, and most reports referred to cases of street begging. The ministry also funded two day centers that provided education, medical, and psychological services to children who were forced to beg on the street.

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

Labor laws and regulations generally prohibit discrimination based on race, sex, gender, disability, health status, political opinion, religion, age, national origin, language, or social status. The law does not specifically address discrimination based on HIV or other communicable disease status but does refer to the health status of employees. The government did not always enforce the laws effectively, and penalties were not always sufficient to deter violations. The Commission for Protection against Discrimination received a total of 136 complaints related to workplace discrimination, of which most referred to gender and age discrimination.

Despite government efforts and legal changes for mandatory inclusion in primary and high school education, Roma continued to live in segregated groups without proper health and social protection, mostly due to lack of registration documents. Data from the State Employment Office showed that due to low participation in the education system, particularly higher education, Roma generally had difficulties finding jobs in the formal economy. Women’s wages lagged behind those of men, and few women occupied management positions. The government made efforts to prevent discrimination in hiring and access to the workplace for persons with disabilities.

e. Acceptable Conditions of Work

The national minimum wage, as of October 15, was below the poverty threshold for a family of four, but the average monthly wage was significantly higher. The State Statistical Office estimated that 22.9 percent of the population lived at or below the poverty line.

Although the government set occupational safety and health standards for employers, those standards were not enforced in the informal sector.

The total number of labor inspectors was considered adequate to investigate violations of labor law and penalties were sufficient to deter violations. Inspections were not adequate, though, to ensure compliance, due, in part, to an inadequate regional distribution of inspectors.

The law establishes a 40-hour workweek with a minimum 24-hour rest period, paid vacation of 20 to 26 workdays, and sick leave benefits. Employees may not legally work more than an average of eight hours of overtime per week over a three-month period or 190 hours per year. According to the collective agreement for the private sector between employers and unions, employees in the private sector have a right to overtime pay at 135 percent of their regular rate. In addition, the law entitles employees who work more than 150 hours of overtime per year to a bonus of one month’s salary.

During the year the MLSP labor inspectorate filed complaints against several businesses for forcing employees to work long hours without the rest breaks required by law; nonpayment of salaries, benefits, and overtime; and cutting employees’ vacation. Violations in wage and overtime were most common in the textiles, construction, railroads, and retail sectors.

Minimum wage, hours of work, and occupational safety and health standards were not effectively enforced. Many employers hired workers without complying with the law, and small retail businesses often required employees to work well beyond legal hourly limits. During the year the National Council for Occupational Safety and Health was not fully functional and played only an advisory role. While workers have the legal right to remove themselves from situations that endanger their health or safety without jeopardy to their future employment, employers did not always respect this right, reportedly due to the high unemployment rate.

According to data from the Macedonian Occupational Safety Association, there were 33 workplace fatalities in 2018 and 124 workplace injuries. Most of the casualties occurred in the category of Household Activities, which included farming and use of agriculture equipment, followed by the construction sector.

Norway

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, including migrant workers (those who have a work permit in the country), to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

The right to strike excludes members of the military and senior civil servants. With the approval of parliament, the government may compel arbitration in any industrial sector if it determines that a strike threatens public safety. Trade unions criticized the government for intervening too quickly in labor disputes.

The government effectively enforced applicable laws. The penalties were sufficient to deter violations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced laws against it. A maximum sentence of 10 years’ imprisonment for violations of the law was sufficiently stringent to deter violations. In 2018 police received 95 reports of violations of the labor law and no reports of forced labor from the Norwegian Labor Inspection Authority (NLIA).

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

c. Prohibition of Child Labor and Minimum Age for Employment

Children between the ages of 13 and 15 may be employed up to 12 hours per week in light work that does not adversely affect their health, development, or schooling. Examples of light work include assistant work in offices or stores. Children younger than 15 need parental permission to work, and those older than 15 can work as part of vocational training, as long as they are supervised. Between the ages of 15 and 18, children not in school may work up to 40 hours per week and a maximum eight hours per day. The law limits work by children who remain in school to only those hours “not affecting schooling” without specific limits, but less than 40 hours per week. Child welfare laws explicitly protect children from exploitive labor practices. The government effectively enforced these laws, and both civil and criminal penalties were sufficient to deter violations.

While employers generally observed minimum age rules, there were reports that children were trafficked for forced labor (see section 7.b.). Children were subjected to forced begging and criminal activity, particularly drug smuggling and theft. Commercial sexual exploitation of children also occurred. There were also reports of children forced to work as unpaid domestic help.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced the law and invoked penalties when violations were discovered.

Discrimination in employment and occupation occurred with respect to gender and ethnicity. The law provides that women and men engaged in the same activity shall receive equal wages for work of equal value. In 2018 women earned on average 13.8 percent less than men on a monthly basis, according to Statistics Norway, which also reported that 37 percent of women and 14.6 percent of men worked part time in 2017, the most recent year for which data were available.

Equally qualified immigrants sometimes had more difficulty finding employment than nonimmigrants. As of August the unemployment rate among immigrants was 5.2 percent, compared with 3.6 percent among nonimmigrants, according to Statistics Norway. African immigrants had the highest unemployment rate at 9.6 percent, followed by Asians at 5.9 percent, immigrants from eastern EU countries at 5.3 percent, and South and Central Americans at 5.1 percent.

e. Acceptable Conditions of Work

The law does not mandate an official minimum wage. Instead, minimum wages were set in collective bargaining agreements. Statistics Norway uses 60 percent of the median household income after tax for the relative poverty limit. In 2018, the most recent year for which data were available, 11.5 percent of the population had an income below the poverty limit.

The law provides for premium pay of 40 percent of salary for overtime and prohibits compulsory overtime in excess of 10 hours per week.

The law provides the same benefits for citizens and foreign workers with residency permits but forbids the employment of foreign workers who do not have residency permits. The law provides for safe and physically acceptable working conditions for all employed persons. The NLIA, in consultation with nongovernment experts, sets occupational safety and health standards. These standards are appropriate across all sectors of the industry in the country. The law requires enterprises with 50 or more workers to establish environment committees composed of management, workers, and health-care personnel. Enterprises with 10 or more workers must have safety delegates elected by their employees. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment; authorities effectively protected employees in this situation.

The NLIA effectively enforced laws and standards regarding acceptable work conditions in the formal sector. The number of labor inspectors was sufficient to enforce compliance. The NLIA may close an enterprise immediately if the life or health of employees is in imminent danger and may report enterprises to police for serious breaches of the law. A serious violation may result in fines or, in the worst case, imprisonment. The penalties were sufficient to deter violations.

Poland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and provides legal measures under which workers fired for union activity may demand reinstatement. Individuals who are self-employed or in an employment relationship based on a civil law contract are permitted to form a union.

Government workers, including police officers, border guards, prison guards, and employees of the supreme audit office, are limited to a single union. Workers in services deemed essential, such as security forces, the Supreme Chamber of Audit, police, border guards, and fire brigades, do not have the right to strike. These workers have the rights to protest and to seek resolution of their grievances through mediation and the court system.

Trade unions are registered when at least 10 eligible persons adopt a resolution to form a trade union. Newly established trade unions must appoint a founding committee consisting of three to seven persons. A new trade union must register with the National Court Registry within 30 days of the resolution. The court may remove a trade union from the registry only if a trade union adopts a resolution to dissolve; is no longer able to operate due to the bankruptcy, liquidation, or reorganization of the company in which the trade union operated; or if a trade union has fewer than 10 members for more than three months.

Legal strike ballots require the support of the majority of union voters. To allow for required mediation, a strike may not be called fewer than 14 days after workers present their demands to an employer. The law obligates employers to report workplace group disputes to district inspection office in their regions. Cumbersome procedures made it difficult for workers to meet all of the technical requirements for a legal strike. What constitutes a strike under the labor law is limited to strikes regarding wages and working conditions, social benefits, and the trade union rights and freedoms of workers. The law prohibits collective bargaining for key civil servants, appointed or elected employees of state and municipal bodies, court judges, and prosecutors.

The penalties for obstructing trade union activity range from fines to community service. The government did not effectively enforce applicable laws. Resources, inspections, and remediation efforts were not adequate, and the small fines imposed as punishment were an ineffective deterrent to employers. Administrative and judicial procedures were subject to lengthy delays and appeals. Unions alleged that the government did not consistently enforce laws prohibiting retribution against strikers. On April 10, the international company Orpea disciplinarily fired Anna Bacia, a physical therapist with 16 years of experience, who was a chairperson of the trade union representing company workers. According to All Poland’s Trade Union, the dismissal, which happened shortly after she revealed her trade union activity, was illegal because she was protected under the law on such activity and the trade union did not approve her dismissal.

Trade union representatives stated that violations of freedom of association and the right to collective bargaining occurred. While many workers exercised the right to organize and join unions, many small and medium sized firms, which employed a majority of the workforce, discriminated against those who attempted to organize. The government enforced applicable laws, but penalties were insufficient to deter violations.

Labor leaders continued to report that employers regularly discriminated against workers who attempted to organize or join unions, particularly in the private sector. Discrimination typically took the forms of intimidation, termination of work contracts without notice, and closing of the workplace. Some employers sanctioned employees who tried to organize unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, forced labor occurred.

The government effectively enforced the law. Penalties for forced labor violations were sufficiently stringent to deter violations. In 2018, the most recent year for which statistics were available, the government assisted in removing 109 victims from forced labor.

There were reports that foreign and Polish men and women were subjected to forced labor in construction, agriculture, and restaurants, and children were subjected to forced begging (see section 7.c., Child Labor).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 16, with exceptions in the cultural, artistic, sporting, and advertising fields when parents or guardians and the local labor inspector give their permission. The labor inspector issues a permit on the basis of psychological and medical examinations. Child labor is not allowed if the work may pose any threat to life, health, or physical and mental development of the child, or may conflict with the child’s education. The government effectively enforced applicable laws, but penalties were not sufficient to deter violations.

Some children younger than 18 engaged in hazardous work in agriculture, primarily on family farms. Migrant Romani children from Romania were subjected to forced begging. Commercial sexual exploitation of children also occurred (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation in any way, directly or indirectly, on all grounds, in particular on the grounds of race, sex, color, religion, political opinion, national origin, ethnic origin, disability, sexual orientation, age, or trade union membership, and regardless of whether the person is hired for definite or indefinite contracts, or for full- or half-time work. The law does not specifically prohibit such discrimination based on language, HIV-positive status, gender identity, or social status. According to the Polish Society for Antidiscrimination Law, by law the accused must prove that discrimination did not take place. In the case of labor contracts that are protected by the labor code, antidiscrimination measures are adequate, and judges know how to apply them. These protections do not cover civil contracts, which fall under civil law, and according to the Society, it is difficult to prove discrimination through the civil procedure. The government enforced applicable laws, but penalties were not sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to gender, age, minority status, disability, political opinion, sexual orientation and gender identity, and trade union membership. Discrimination against Romani workers also occurred (see section 6).

e. Acceptable Conditions of Work

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. The government effectively enforced wage laws, but penalties were not sufficient to deter violations; there were reports of employers withholding wages or underpaying laborers under informal work agreements, particularly Ukrainian migrant workers in the construction and agriculture industries.

The constitution provides every employee the right to statutorily specified days free from work as well as annual paid holidays.

The law defines strict and extensive minimum conditions to protect worker health and safety and empowers the National Labor Inspectorate (NLI) to supervise and monitor implementation of worker health and safety laws and to close workplaces with unsafe conditions. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. While the NLI’s powers are limited to the formal economy, one of its responsibilities is to inspect the legality of employment, which can contribute to limiting work in the informal economy and ensuring employees who are hired in the informal economy are provided with appropriate occupational health and safety conditions.

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. The number of labor inspectors was not sufficient to deter violations.

According to the inspectorate’s 2018 report, the most frequent labor rights violations concerned failure to pay or delayed payment of wages, failure to pay for overtime work, and failure to sign a labor contract in situations when the job performed constituted regular labor. Most wage payment violations occurred in the services, construction, and processing industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. The second most common problem was inaccurate timekeeping records for hours worked.

Employers often ignored requirements regarding overtime pay. A large percentage of construction workers and seasonal agricultural laborers from Ukraine and Belarus earned less than the minimum wage. The large size of the informal economy–particularly in the construction and transportation industries–and the low number of government labor inspectors made enforcement of the minimum wage difficult. The Main Statistical Office definition of informal economy includes unregistered employment performed without a formal contract or agreement and is not counted as a contribution to social security and from which income taxes are not deducted. According to the Central Statistical Office, in 2017 (the latest year for which data were available), 5.4 percent of workforce (880,000 persons) worked in the informal economy.

Penalties were not sufficient to deter violations.

The NLI continued a public awareness campaign to lower the number of work-related accidents in logging and timber companies and conducted a “Work Legally” public awareness campaign promoting legal employment. In addition, the NLI continued a prevention and information campaign “Construction Site. No More Accidents!” that targeted construction companies and included training on work safety standards for employees and employers. The NLI implemented its “Respect Life–Safe Work on Private Farms” campaign and visited many private farms to assess safety conditions and organized a number of competitions for individual farmers.

Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the inspectorate’s 2018 report, inadequate training of employees, the poor quality of job-related risk assessment tools, and inadequate measures by employers to prevent accidents were the leading causes of workplace accidents.

Portugal

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

While the law provides for freedom of association and collective bargaining, several restrictions limit these rights. The rights of police officers and members of the armed forces are limited. The Judiciary Police, the Foreigners and Borders Service, and prison guards may strike; the Public Security Police and the Republican National Guard may not. If a long strike occurs in a sector deemed essential, such as justice, health, energy, or transportation, the government may order strikers back to work for a specified period. Unions considered the list of essential sectors to be overly broad. Unions reported that compulsory conciliation and arbitration as prerequisites to strikes, restrictions on the scope of strikes, and restrictions on the types of strike actions permitted could limit the effectiveness of strikes.

The law requires unions to represent at least 50 percent of workers in a sector for collective bargaining units to be extended beyond the enterprise level. Public-sector employee unions have the right to discuss and consult with their employers on conditions of work, but they do not have the right to negotiate binding contracts. There remained a lack of clarity regarding criteria for union representation in the Permanent Commission for Social Partnerships, a tripartite advisory body. The law names specific unions, rather than giving participation rights to the most representative unions.

The government was generally effective in enforcing these laws. Resources, including inspections and remediation, were adequate. Penalties for violations range from fines to imprisonment and were sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays or appeals.

Authorities generally respected freedom of association and the right to collective bargaining. Worker organizations could generally operate free from government interference. Requirements for enterprise-level bargaining by work councils sometimes prevented local union representatives from bargaining directly on behalf of workers. There were instances of employers undermining strikes using last-minute minimum-service requirements. According to labor union representatives, some workers received threats that union participation would result in negative performance reviews.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. The law places responsibility for complying with legal provisions on temporary employment agencies and employers of temporary workers. It provides that the contractor and the developer, company, or farm, as well as the respective managers, administrators, or directors, and companies with which they are connected are jointly liable for violations of the legal provisions relating to the health and safety of temporary workers and are responsible for entitlements, social security contributions, and the payment of the respective fines.

Government resources dedicated to prevention of forced labor, including inspections and remediation, and enforcement of the law remained inadequate. Penalties ranging from three to 15 years’ imprisonment were sufficient to deter violations, and convictions remained low. Convicted offenders frequently avoided imprisonment, undercutting enforcement efforts and victim protections, according to NGOs and media. Government efforts to prevent and eliminate forced labor during the year included a countrywide awareness campaign and training security forces to identify, flag, and direct victims to assistance services. In 2018 courts convicted and sentenced 25 traffickers (17 sex trafficking and eight forced labor), compared with 12 in 2017 (one sex trafficking and 11 forced labor).

According to the Portuguese Observatory on Trafficking in Human Beings, foreign labor trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service, primarily in the Iberian Peninsula.

Traffickers subjected children to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The statutory minimum age for employment is 16. The law prohibits the employment of persons younger than 18 at night, for overtime work, or in sectors considered hazardous. The Working Conditions Authority (ACT) in the Ministry of Solidarity, Employment, and Social Security has primary responsibility for enforcement of the minimum age law, and enforced it effectively in major industries and the service sector. The government effectively enforced the applicable laws, and penalties were sufficient to deter violations.

Child labor occurred in very limited cases. Children of Romani descent were subjected to forced begging and coerced to commit property crimes (see section 6, Children).

Resources and inspections were adequate. Penalties for violations included imprisonment and were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation, and the government effectively enforced these laws.

The law requires equal pay for equal work. According to the Ministry of Solidarity, Employment, and Social Security, however, women’s average salaries were approximately 17 percent lower than those of men.

e. Acceptable Conditions of Work

The minimum wage covers full-time workers, rural workers, and domestic employees who are at least 18 years of age.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. There is a maximum of two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government noted were designed to make working hours more flexible and increase productivity. Occupational safety and health standards set by ACT were current and appropriate. Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, hours of work, and safety standards in the formal sector, and effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where most immigrant workers were employed, according to NGOs. ACT reported that there were 131 deaths from work-related accidents in 2018, an increase of 10 percent from 2017. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Romania

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 labor unions, bargain collectively, and conduct legal strikes. Unions can affiliate with regional, national, or EU union federations, but they may affiliate with only one national organization. The law prohibits antiunion discrimination and allows workers fired for union activity to challenge in court for reinstatement. The law provides for protection of freedom of association and collective bargaining, but unions complained there was little enforcement to protect against violations of these rights.

Civil servants generally have the right to establish and join unions. Employees of the Ministry of National Defense, certain categories of civilian employees of the Ministries of Interior and Justice, judges, prosecutors, intelligence personnel, and senior public servants, including the president, parliamentarians, mayors, prime minister, ministers, employees involved in security-related activities, and president of the Supreme Court, however, do not have the right to unionize. Unions complained about the requirement that they submit lists of union members with their registration application. Since employers also had access to the list, union officials feared this could lead to reprisals against individual unionized employees, particularly dismissals, hindering the formation of new unions.

The law requires employers with more than 21 employees to negotiate a collective labor agreement but provides no basis for national collective labor agreements. Employers refusing to initiate negotiation of a collective bargaining agreement can receive fines. The law permits, but does not impose, collective labor agreements for groups of employers or sectors of activity. The law requires employers to consult with unions on such topics as imposing leave without pay or reducing the workweek due to economic reasons.

Unions may strike only if they give employers 48 hours’ notice, and employers can challenge the right in court, effectively suspending a strike for months. Military personnel and certain categories of staff within the Ministry of Internal Affairs, such as medical personnel, are not permitted to strike. Although not compulsory, unions and employers can seek arbitration and mediation from the Labor Ministry’s Office for Mediation and Arbitration. In one case unions criticized the ministry for failing to intervene effectively during a six-week strike at a household appliances production plant in Satu Mare in northwestern Romania. Workers were demanding a two-lei ($0.50) per hour increase in wages; unions claimed that the employer made little effort to engage constructively with employees.

Companies may claim damages from strike organizers if a court deems a strike illegal. The law permits strikes only in defense of workers’ economic, social, and professional interests and not for the modification or change of a law. As a result, workers may not challenge any condition of work established by law, such as salaries for public servants, limiting the effectiveness of unions in the public sector.

Unions complained that the legal requirement for representativeness, which states that the right to collective bargaining and to strike can be asserted only by a union that represents 50 percent plus one of the workers in an enterprise, is overly burdensome and limits the rights of workers to participate in collective bargaining and to strike. In the absence of this clear majority, an employer can appoint a worker representative of its choosing to negotiate the agreement. Some companies created separate legal entities to which they transferred employees, thereby preventing them from reaching the threshold for representation.

Unions complained that the government’s general prohibition on union engagement in political activities was intended to prohibit unions from entering unofficial agreements to support political parties. The law provides for this control due to past abuses by union officials. Authorities could exercise excessive control over union finances, although the government asserted that national fiscal laws apply to all organizations. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations identified fiscal laws as an area of concern.

Official reports of incidents of antiunion discrimination remained minimal, as it was difficult to prove legally that employers laid off employees in retaliation for union activities. The CNCD fines employers for antiunion discrimination, although it lacks the power to order reinstatement or other penalties. In 2018 the CNCD issued fines in 19 cases involving access to employment and profession, which includes antiunion discrimination and collective bargaining agreement infringement. The law prohibits public authorities, employers, or organizations from interfering, limiting, or preventing unions from organizing, developing internal regulations, and selecting representatives. Penalties were insufficient to deter violations, and employees must usually seek a court order to obtain reinstatement.

The government and employers generally respected the right of association and collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, there were reports such practices continued to occur, often involving Roma, persons with disabilities, and children. The government did not effectively enforce the law and took limited measures to prevent forced or compulsory labor. The law criminalizes forced labor, but penalties have been insufficient to deter violations.

According to the Ministry of Internal Affairs, 100 of the 497 victims of trafficking officially identified in 2018 were exploited specifically for labor purposes. Of these, 42 were trafficked for agricultural work and 26 victims were forced into begging.

Men, women, and children were subjected to labor trafficking in agriculture, construction, domestic service, hotels, and manufacturing. Organized rings, often involving family members, forced persons, including significant numbers of Romani women and children, to engage in begging and petty theft (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for most forms of employment is 16. Children may work with the consent of parents or guardians at age 15 if the activities do not endanger their health, morality, or safety. The law prohibits persons younger than 18 from working in hazardous conditions, includes a list of dangerous jobs, and specifies penalties for offenders. Some examples of hazardous jobs for children include those posing a high risk of accident or damage to health, exposure to psychological or sexual risk, night shifts, exposure to harmful temperatures, and those requiring use of hazardous equipment. Parents whose children carry out hazardous activities are required to attend parental education programs or counseling and may be fined if they fail to do so.

Minors who work have the right to continue their education, and the law obliges employers to assist in this regard. Minors between the ages of 15 and 18 may work a maximum of six hours per day and no more than 30 hours per week, provided their school attendance is not affected. Businesses that impose tasks incommensurate with minors’ physical abilities or fail to respect restrictions on minors’ working hours can face fines. Many minors reportedly did not attend school while working. Minors have the right to an additional three days of annual leave.

The law requires schools to notify social services immediately if children miss class to work, but schools often did not comply. Social welfare services have the responsibility to reintegrate such children into the educational system.

The Ministry of Labor and Social Protection may impose fines and close businesses where it finds exploitation of child labor. The National Authority for the Protection of the Rights of the Child and Adoption (ANPFDC) in the Labor Ministry has responsibility for investigating reports of child labor abuse, but enforcement of child labor laws tended to be lax, especially in rural areas with many agricultural households and where social welfare services lacked personnel and capacity to address child labor violations. The ANPFDC is responsible for monitoring and coordinating all programs for the prevention and elimination of child labor.

The government did not effectively enforce laws, and penalties were not sufficient to deter violations. Government efforts focused on reacting to reported cases, and the ANPFDC dedicated limited resources to prevention programs. According to the ANPFDC, 260 children were subject to child labor in 2018. The incidence of child labor was widely believed to be much higher than official statistics reflected. Child labor, including begging, selling trinkets on the street, and washing windshields, remained widespread in Romani communities, especially in urban areas. Children as young as five engaged in such activities, and cases were usually documented only when police became involved. Children whose parents work abroad remain vulnerable to neglect and abuse. In 2018 a total of 92,027 children had at least one parent working abroad. In nearly a fifth of these cases, both parents were abroad. Of the 260 documented cases of child labor in 2018, authorities prosecuted only one alleged perpetrator, while an additional 135 cases remained under investigation at the end of 2018.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation because of race, sex, gender, age, religion, disability, language, sexual orientation or gender identity, HIV-positive or other communicable disease status, social status, or refugee or stateless status. The government did not enforce these laws effectively, reacting to claims of discrimination rather than adequately engaging in programs to prevent discrimination. Although the CNCD and the Labor Inspectorate investigated reported cases of discrimination, penalties were insufficient to deter violations.

Discrimination in employment or occupation occurred with respect to gender, disability, and HIV status. Discrimination against Roma and migrant workers also occurred. With respect to employment discrimination, the CNCD processed 365 cases in 2018 and 278 in the first half of the year. The CNCD addressed cases in both the public and private sectors.

According to Eurostat, the pay gap between men and women in the country was 3.5 percent in 2017. While the law provides female employees re-entering the workforce after maternity leave the right to return to their previous or a similar job, pregnant women and other women of childbearing age could still suffer unacknowledged discrimination in the labor market.

Although systematic discrimination against persons with disabilities did not exist, the public had a bias against persons with disabilities. NGOs worked actively to change attitudes and assist persons with disabilities to gain skills and employment, but the government lacked adequate programs to prevent discrimination. The law requires companies or institutions with more than 50 employees to employ workers with disabilities for at least 4 percent of their workforce or pay a fine for lack of compliance. Before the ordinance was adopted, the law allowed companies not in compliance with the quota to fulfill their legal obligation by buying products from NGOs or firms, known as “sheltered units,” where large numbers of persons with disabilities were employed. NGOs reported that sheltered units lost an important source of income as a result. Local labor offices had limited success in facilitating employment for persons with disabilities, finding employment for 402 individuals in 2018 and 85 during the first quarter of the year.

NGOs reported that patients suffering from cancer and tuberculosis faced unacknowledged discrimination in the workplace. Almost one-third of employees with cancer reported they postponed informing their employer of their illness; after treatment, 17 percent reported a substantial reduction in job duties and responsibilities upon returning to work. The law supports tuberculosis patients by providing monthly food allowances, medical leave, and psychological support but does not contain measures to protect patients from workplace discrimination.

As authorities allow greater numbers of non-EU citizens to live and work in the country, reports of discrimination against migrant workers have become more prevalent. In Arad local workers went on strike in solidarity with their colleagues from India after a rail car manufacturer deducted the transportation costs from India to Romania as a lump sum from monthly wages without prior notice to the employees. After media reported that a major construction company in Bucharest housed many Vietnamese workers in unsuitable conditions, the company canceled their labor contracts, claiming the workers made public statements against company regulations and damaged its public image. The Health Inspectorate subsequently fined the company 45,000 lei ($11,000) for providing housing to non-EU workers that failed to meet sanitary conditions.

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is greater than the official estimate for the poverty income level. The minimum wage has nearly tripled in nominal terms since 2012. In addition a government decision issued in December 2018 introduced a differentiated minimum wage, decreeing that employees with a university degree and at least one year on the job must receive at least 13 percent more than other minimum wage workers earn. The government also introduced a significantly higher minimum wage for construction workers. Up to 60 percent of employees earn the minimum wage according to the Labor Ministry. Authorities enforced wage laws adequately, although a significant informal economy existed. According to Eurostat data, in 2018 nearly a third of the population (32.5 percent) was at risk of poverty or social exclusion. Despite minimum wage increases, nearly one in seven employed Romanians was at risk of poverty.

The law provides for a standard workweek of 40 hours or five days. Workers are entitled to overtime pay for weekend or holiday work or work of more than 40 hours. An employee’s workweek may not exceed 48 hours per week on average over a four-month reference period, although exceptions are allowed for certain sectors or professions. The law requires a 48-hour rest period in the workweek, although most workers received two days off per week. During reductions in workplace activity for economic or technical reasons, the law allows employers to shorten an employee’s workweek and reduce the associated salary. Excessive overtime may lead to fines for employers if workers file a complaint, but complaints were rare. The law prohibits compulsory overtime.

The law gives employers wide discretion regarding the performance-based evaluation of employees. The law permits 90-day probationary periods for new employees and simplifies termination procedures during this period.

The law provides for temporary and seasonal work and sets penalties for work performed without a labor contract in either the formal or the informal economy. In accordance with EU regulations, the maximum duration of a temporary contract is 36 months.

The Labor Ministry, through the Labor Inspectorate, is responsible for enforcing the law on working conditions, health and safety, and minimum wage rates, but it does not effectively enforce all aspects consistently. The inspectorate was understaffed and inspectors underpaid; consequently, the inspectorate had high turnover and limited capacity. Minimum wage, hours of work, and occupational safety and health standards were not effectively enforced in all sectors. The construction, agriculture, and small manufacturers sectors were particularly problematic sectors for both labor underreporting and neglecting health and safety standards. The Labor Inspectorate increased inspections in 2018, identifying 14,568 undeclared workers and fining employers 119.2 million lei ($29.8 million). Through June the Labor Inspectorate identified 5,004 undeclared workers and fined employers 50.5 million lei ($12.6 million).

According to trade union reports, many employers paid supplemental salaries under the table to reduce both tax burdens for employees and employers alike. To address underreported labor, in 2017 the government increased the minimum required payroll taxes that employers must pay for their part-time employees to equal those of a full-time employee earning minimum wage. In addition the Labor Inspectorate collaborated with the National Authority for Fiscal Administration to conduct joint operations to check employers in sectors prone to underreported labor, including the textile, construction, security, cleaning, food preparation, transportation, and storage industries. These investigations often focused on underpayment of taxes rather than workers’ rights.

The government did not effectively enforce overtime standards. Union leaders complained that overtime violations were the main problem facing their members, since employers often required employees to work longer than the legal maximum without always receiving mandatory overtime compensation. This practice was especially prevalent in the textile, banking and finance, and construction sectors.

Russia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers may form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, but it does not require employers to reinstate workers fired due to their union activity. The law prohibits reprisals against striking workers. Unions must register with the Federal Registration Service, often a cumbersome process that includes lengthy delays and convoluted bureaucracy. The grounds on which trade union registration may be denied are not defined and can be arbitrary or unjustified. Active members of the military, civil servants, customs workers, judges, prosecutors, and persons working under civil contracts are excluded from the right to organize. The law requires labor unions to be independent of government bodies, employers, political parties, and NGOs.

The law places several restrictions on the right to bargain collectively. For example, only one collective bargaining agreement is permitted per enterprise, and only a union or group of unions representing at least one-half the workforce may bargain collectively. The law allows workers to elect representatives if there is no union. The law does not specify who has authority to bargain collectively when there is no trade union in an enterprise.

The law prohibits strikes in the military and emergency response services. It also prohibits strikes in essential public-service sectors, including utilities and transportation, and strikes that would threaten the country’s defense, safety, and the life and health of its workers. The law also prohibits some nonessential public servants from striking and imposes compulsory arbitration for railroad, postal, and municipal workers as well as other public servants in roles other than law enforcement.

Laws regulating workers’ strikes remained extremely restrictive, making it difficult to declare a strike but easy for authorities to rule a strike illegal and punish the workers. It was also very difficult for those without a labor contract to go on a legal strike. For example, in October 2018, 99 gold miners in Kamchatka walked off their jobs at Zoloto Kamchatki to protest their poor working conditions and low pay. According to media reports, the governor urged the miners not to speak to journalists, while other miners reported threats from police. After a few weeks, the company agreed to raise salaries but fired 54 of the 99 strikers. The company also initiated a lawsuit to declare the strike illegal. The Federation of Independent Trade Unions of Russia noted that they were unable to do anything since the miners were not unionized.

Union members must follow extensive legal requirements and engage in consultations with employers before acquiring the right to strike. Solidarity strikes and strikes on matters related to state policies are illegal, as are strikes that do not respect the onerous time limits, procedures, and requirements mandated by law. Employers may hire workers to replace strikers. Workers must give prior notice of the following aspects of a proposed strike: a list of the differences of opinion between the parties that triggered the strike; the date and time at which the strike was intended to start, its duration, and the number of anticipated participants; the name of the body that is leading the strike and the representatives authorized to participate in the conciliation procedures; and proposals for the minimum service to be provided during the strike. In the event a declared strike is ruled illegal and takes place, courts may confiscate union property to cover employers’ losses.

The Federal Labor and Employment Service (RosTrud) regulates employer compliance with labor law and is responsible for “controlling and supervising compliance with labor laws and other legal acts which deal with labor norms” by employers. Several state agencies, including the Ministry of Justice, the Prosecutor’s Office, RosTrud, and the Ministry of Internal Affairs, are responsible for enforcing the law. These agencies, however, frequently failed to enforce the law, and violations of freedom of association and collective bargaining provisions were common. Penalties were not sufficient to deter violations.

Employers frequently engaged in reprisals against workers for independent union activity, including threatening to assign them to night shifts, denying benefits, and blacklisting or firing them. Although unions were occasionally successful in court, in most cases managers who engaged in antiunion activities did not face penalties.

For example, in March and April, the medical workers’ union in Anzhero-Sudzhensk led a series of strikes, including a hunger strike by nurses, to protest layoffs and staff transfers. Authorities publicly criticized the striking personnel, with Kemerovo governor Sergey Tsiliyev accusing them of “discrediting the honor of the region.” After the first picket on March 11, police ordered the interrogation of all participants. On April 11, the city’s mayor demanded that nurses give up their union membership.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.

The government was generally effective in enforcing laws against forced labor, but gaps remained in protecting migrant laborers, particularly from North Korea who generally earned 40 percent less than the average salary. Migrant forced labor occurred in the construction and service industries, logging industry (timber), textile shops, brick making, and the agricultural sector (see section 7.c.). Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, and extremely poor living conditions.

Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. In order to comply with the 2017 UN international sanctions prohibiting the employment of North Koreans, the country reduced the number of North Korean laborers who work in the country legally. According to the Foreign Ministry, as of September approximately 4,000 North Koreans were employed in the country legally, a significant drop from 40,000 in 2017. Although the government announced that it intended to return all North Korean workers to their country by December 22, a significant number of North Korean nationals continued to travel to and reside in Russia under student and tourist visas, especially in the Far East.

Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.

There were reports of forced labor in the production of bricks and sawmills, primarily in Dagestan. Both men and women were exploited for forced labor in these industries in the Northern Caucasus region; however, victims were primarily male job seekers recruited in Moscow. Media outlet Coda also reported on forced labor in illegal sheep farms in the Stavropol region.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than age 16 in most cases and regulates the working conditions of children younger than 18. The law permits children to work at age 14 under certain conditions and with the approval of a parent or guardian. Such work must not threaten the child’s health or welfare. The law lists occupations restricted for children younger than age 18, including work in unhealthy or dangerous conditions, underground work, or jobs that might endanger a child’s health and moral development.

Child labor was uncommon, but it could occur in the informal service, construction, and retail sectors. Some children, both Russian and foreign, were subjected to commercial sexual exploitation and forced participation in the production of pornography (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 , 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

The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law.

Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove.

The law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.

According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were often seen as not worth the cost and time to take a legal action. In an uncommon case, on September 9, an entrepreneur who refused to hire a 49-year-old woman in Volgograd because of her age was fined up to 100,000 rubles ($1,570). The court ruled that the entrepreneur represented a legal entity, instead of an individual, which stipulated the relatively large fine.

The law restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”

The law includes hundreds of tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. Women were banned from 456 jobs during the year. According to the Ministry of Labor, women on average earned 28.3 percent less than men in 2017.

The law requires applicants to undergo mandatory medical screenings when entering into a labor agreement or when enrolling at educational institutions. The medical commission may restrict or prohibit access to jobs and secondary or higher education if it finds signs of physical or mental problems. Persons with disabilities were subjected to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2 to 4 percent quota. An NGO noted that some companies kept persons with disabilities on the payroll in order to fulfill the quotas but did not actually provide employment for them. Inadequate workplace access for persons with disabilities also limited their work opportunities.

Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Union organizers faced employment discrimination, limits on workplace access, and pressure to give up their union membership.

Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. Primary and secondary school teachers were often the targets of such pressure due to the law on “propaganda of nontraditional sexual orientation” targeted at minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity). On April 9, a St. Petersburg court ruled that a printing house illegally fired Anna Grigoryeva, a transgender woman who had worked there for years as a man. This was the first time that a court ruled in favor of a person fired for their transgender identity.

Persons with HIV/AIDS were prohibited from working in some areas of medical research and medicine. For example, the Ministry of Transport prohibited HIV-positive persons from working as aviation dispatchers until the Supreme Court lifted the ban on September 10.

In September 2018 as part of broader pension reform, amendments to criminal law were adopted to establish criminal liability for employers who dismiss workers due to approaching pension age.

e. Acceptable Conditions of Work

The monthly minimum wage increased to the official “subsistence” level on January 1. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law, and nonpayment or late payment of wages remained widespread. According to Rosstat, as of September 1, wage arrears amounted to approximately 2.6 billion rubles ($40.8 million). As of September 17, the State Unitary Enterprise Chuvashavtotrans had a debt of 39.8 million rubles ($625,000) for 707 employees, one of the largest wage arrears for a single organization.

The law provides for standard workhours, overtime, and annual leave. The standard workweek may not exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal law. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The law stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work may not exceed four hours in a two-day period or 120 hours in a year for each employee.

The law establishes minimum conditions for workplace safety and worker health, but it does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working to the same rights and protections as citizens.

Occupational safety and health standards were appropriate within the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted that state labor inspectors needed additional professional training and additional inspectors to enforce consistent compliance.

At the end of 2018, an estimated 14 million persons were informally employed. Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-quality jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally. Labor law and protections apply to workers in the informal sector.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2018 approximately 25,400 workers were injured in industrial accidents, including 1,140 deaths.

San Marino

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. Some limitations defined by the law apply to strikes by workers employed in ‘essential public services,’ including healthcare, education, and transportation. The government enforced applicable laws without lengthy delays. The laws are subject to appeals, and penalties were sufficient to deter violations. Penalties include fees and in case of recidivism the prohibition of professional activity.

The government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were independent of the government and political parties. During the first 11 months of the year, there were no reports that the government interfered in union activities, sought to dissolve unions, or used excessive force to end strikes or protests, nor any reports of antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced such laws. Resources, remediation efforts, and investigations appeared adequate and effective, although information on penalties for violations was not available.

According to the Office of the Labor Inspector, there were no reports of forced labor.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16 and the law excludes minors between the ages of 16 and 18 from the heaviest type of work. Minors are not allowed to work overtime and cannot work more than eight hours per day. The government effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. During the first 11 months of the year, the Office of the Labor Inspector did not report any cases of child labor.

The government effectively enforced laws and policies to protect children from exploitation in the workplace. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status or other communicable diseases. The government effectively enforced these laws and regulations and penalties were sufficient to deter violations. There were no official cases of discrimination in employment or occupation brought during the first 11 months of the year.

e. Acceptable Conditions of Work

There is no national minimum wage. Industry-based minimum wages existed for various industrial sectors. In April parliament approved a law that introduced specific criteria for the allocation of social funds, taking into consideration the applicants’ conditions, including income, wealth, and health status. On average, less than 2 percent of the adult population applied for this contribution annually. Low-income individuals could also apply for welfare payments.

The law prohibits excessive or compulsory overtime. The government set appropriate safety and health standards for the main industries. The penalties for failing to comply with the safety and health regulations provided by law range from a fine to imprisonment and were generally sufficient to deter violations.

The government’s Labor Office generally enforced labor standards effectively. There were a few exceptions, especially in the construction industry, where some employers did not consistently abide by safety regulations, such as work-hour limitations and use of personal safety devices. Authorities did not enforce health and safety standards in the informal sector. Penalties were sufficient to deter violations. There were no reports of serious injuries to workers in the first nine months of the year. The Office of the Labor Inspector has responsibility for receiving and investigating claims of workplace health and safety violations. The Agency for Environment and the Agency for Civil Protection are mandated to supervise the implementation of legislation on safety and health in the workplace as well as to investigate major accidents.

Serbia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for the right of workers to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. Trade unions must register with the Ministry of Labor, Employment, Veterans, and Social Affairs, and employers must verify that union leaders are full-time employees. The government designated more than 50 percent of the workforce as “essential,” and these workers faced restrictions on the right to strike. Essential workers must provide 10 days’ advance notification of a strike as well as provide a “minimum level of work” during the strike. By law strikes can be staged only on the employer’s premises. The law prohibits discrimination based on trade union membership but does not provide any specific sanctions for antiunion harassment, nor does it expressly prohibit discrimination against trade union activities. The law provides for the reinstatement of workers fired for union activity, and fired workers generally returned to work quickly.

The Confederation of Autonomous Trade Unions of Serbia, a federation of unions that operated independently but was generally supportive of government policies, had more members than independent labor unions in both the public and private sector. Independent trade unions are able to organize and address management in state-owned companies on behalf of their members.

The labor law protects the right to bargain collectively, and this right was effectively enforced and practiced. The law requires collective bargaining agreements for any company with more than 10 employees. To negotiate with an employer, however, a union must represent at least 15 percent of company employees. The law provides collective bargaining agreements to employers who are not members of the employers’ association or do not engage in collective bargaining with unions. The law stipulates that employers subject to a collective agreement with employees must prove they employ at least 50 percent of workers in a given sector to apply for the extension of collective bargaining agreements to employers outside the agreement.

The government generally enforced the labor law with respect to freedom of association and collective bargaining, and penalties were generally sufficient to deter violations. Both public- and private-sector employees may freely exercise the right to strike, although no strikes occurred during the year. The Labor Inspectorate lacked adequate staffing and equipment, which limited the number of labor inspections as a means of enforcing the labor law.

There were sometimes allegations of antiunion dismissals and discrimination. Labor NGOs worked to increase awareness regarding workers’ rights and to improve the conditions of women, persons with disabilities, and other groups facing discrimination in employment or occupation.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits forced and compulsory labor. The law also prohibits all forms of labor trafficking and “slavery or a relationship similar to slavery.” The government generally enforced the law, but incidents of forced labor were occasionally reported. Citizens of the country, particularly men, were reportedly subjected to labor trafficking in labor-intensive sectors, such as the construction industry in Russia, other European countries, and the United Arab Emirates. Penalties for violations within the country were generally sufficient to deter violations.

A number of children, primarily from the Roma community, were forced to engage in begging, theft, domestic work, commercial sexual exploitation, and other forms of labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, and youths younger than 18 require written parental or guardian permission to work. The labor law stipulates specific working conditions for minors and limits their workweek to 35 hours, with a maximum of eight hours work per day with no overtime or night work. In 2018 parliament adopted the Law on Simplified Hiring of Seasonal Labor in Certain Economic Areas, which regulates seasonal work, including in agriculture, and specifies that a work contract be required to employ minors.

The Labor Inspectorate of the Ministry for Labor, Employment, Veterans, and Social Policy is responsible for enforcing child labor laws. The criminal code does not treat child beggars as victims, and the country’s Social Welfare Centers were overburdened, limiting efforts to combat child labor, including its worst forms. According to the inspectorate, in 2018 inspectors did not register any labor complaints involving children under the age of 15. Inspectors registered 39 cases, however, involving the registered employment of youths between the ages of 15 and 18, contrary to the provisions of the Labor Law, in the areas of hospitality, car washing, car repair, bakeries, construction, retail and groceries, and various personal services. Inspectors issued 16 decisions ordering employers either to terminate employment contracts or to obtain the required parental permission and approval from the authorized health institution and submit applications for the social security contributions. Misdemeanor proceedings were initiated in 15 cases, and a criminal charge was filed in one case.

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor. Gaps existed, however, within the operations of the Ministry of Labor, Employment, Veteran, and Social Affairs that hindered adequate enforcement of their child labor laws. In villages and farming communities, underage children commonly worked in family businesses. In urban areas, children, primarily Roma, worked in the informal sector as street vendors, car washers, and garbage sorters.

With regard to the worst forms of child labor, traffickers subjected children to commercial sexual exploitation, used children in the production of pornography and drugs, and sometimes forced children to beg and commit crimes. Some Romani children were forced into manual labor or begging.

The government’s enforcement efforts and penalties were not sufficient to deter violations of the law in either the formal or informal sectors. The law provides penalties for parents or guardians who force a minor to engage in begging, excessive labor, or labor incompatible with his or her age, but it was inconsistently enforced, and beggars were treated as offenders. The Labor Inspectorate reported no children being removed from labor situations because of convictions.

See also 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

Labor laws prohibit direct and indirect discrimination in employment and occupation and the government enforced these laws with varying degrees of effectiveness. Penalties and enforcement were not sufficient to deter violations.

Discrimination in employment and occupation reportedly occurred with respect to race, sex, disability, language, sexual orientation, gender identity, ethnicity, and HIV-positive status. In 2018 labor inspectors issued 16 decisions regarding discrimination at work and seven related to gender equality. In the labor force, women experienced discrimination in hiring, underrepresentation in management, and lower compensation than their male colleagues.

In one example, in August, Snezana Pesovic went public with a case of discrimination against her employer. Pesovic claimed that despite being an employee for 12 years, she remained unregistered and her employer did not make health insurance or pension contributions, as the law requires. Upon learning she was pregnant, Pesovic asked her employer to register her so she could receive maternity benefits. Her employer agreed but only under the condition that she pay the contributions herself and sign a voluntary termination agreement that allowed the employer to terminate her at the employer’s convenience. By the end of her maternity leave, the benefit she was receiving of 26,000 dinars ($244) was less than the contributions of 30,000 dinars ($282) her employer was forcing her to make. Her employer invoked the voluntary termination option when her case appeared in the media. The commissioner for the protection of equality agreed to take the case and represent Pesovic in a lawsuit against her employer.

The commissioner for the protection of equality’s 2018 annual report identified 197 discrimination complaints in the area of labor and employment, which accounted for 20.8 percent of the total 947 complaints received in 2018. The highest number of discrimination complaints involved accommodation for persons with disabilities, followed by allegations of discrimination based on age, gender, birth, health status, national or ethnic origin, marital or family status, and sexual orientation.

The EC’s Serbia 2019 Report identified Roma, LGBTI persons, persons with disabilities, persons with HIV/AIDS, and other vulnerable individuals as the groups most subject to discrimination. A study by the Center for Free Elections and Democracy found discrimination was most frequent in hiring and employment, with the state and its institutions as the major discriminators. The law provides for equal pay, but employers frequently did not observe these provisions. According to a 2017 report by the country’s statistics office, women earned on average 22 percent less per month than their male counterparts. Other reports showed their career advancement was slower, they were underrepresented in most professions, and they faced discrimination related to parental leave.

The International Labor Organization noted allegations that the law restricting the maximum age of employees in the public sector, adopted in 2015, is discriminatory because it obliges women workers in the public sector to retire at age 62, whereas male workers can work up to the age of 65. The law states that the retirement age for women will continue to increase incrementally until the retirement age is 65 for both men and women. Persons with disabilities faced discrimination in hiring and access to the workplace.

e. Acceptable Conditions of Work

The monthly minimum wage was above the poverty level for a single-member household but below the poverty level for a household with multiple members.

The Labor Inspectorate is responsible for enforcing the minimum wage. Companies with a trade union presence generally respected minimum wage requirements because of monitoring by the union. Some smaller, private-sector employers, however, were unwilling or unable to pay minimum wages and mandatory social benefits to all their employees, leading those companies to employ unregistered, off-the-books workers. Unregistered workers, paid in cash without social or pension contributions, frequently did not report labor violations because they feared losing their jobs. Informal arrangements existed most often in the trade, hotel and restaurant, construction, agriculture, and transport sectors. The most frequently reported legal violations in the informal sector related to contractual obligations, payment of salaries, changes to the labor contract, and overtime. According to labor force survey data, informal employment represented 17.1 percent of total employment in the first quarter of the year, 1.5 percent lower than a year earlier. Independent estimates suggested the informal sector might represent up to 30 percent of the economy.

The law stipulates a standard workweek of 40 hours and provides for paid leave, annual holidays, and premium pay for night and overtime hours. A worker may have up to eight hours of overtime per week and may not work more than 12 hours in one day, including overtime. One 30-minute break is required during an eight-hour workday. At least a 12-hour break is required between shifts during a workweek, and at least a 24-hour break is required over a weekend. The standard workweek and mandatory breaks were observed in state-owned enterprises but sometimes not in smaller, private companies, where the inspectors and unions had less ability to monitor practices.

The labor law requires that the premium for overtime work be at least 26 percent of the base salary, as defined by the relevant collective bargaining agreement. Trade unions within a company were the primary agents for enforcing overtime pay, although the Labor Inspectorate had enforcement responsibilities in companies and industries without union presence.

The law requires that companies must establish a safety unit to monitor observance of regulations regarding safety and the protection of personal health. These units often focus on rudimentary aspects of occupational safety and health (such as purchasing soap and detergents), rather than on providing safety equipment for workers. In cases in which the employer did not take action, an employee may report to the Labor Inspectorate. Employers may call the Labor Inspectorate if they believe an employee’s request related to safety and health conditions is not justified.

In case of a direct threat to life and health, employees have the right to take action or to remove themselves from the job or situation without responsibility for any damage it may cause the employer and without jeopardy to their employment. In 2018 the Labor Inspectorate completed 26,515 safety and health at work inspections involving more than 304,000 employees. Inspectors issued 5,773 decisions on deficiencies in safety and health conditions in the workplace, including 823 decisions barring an employee from continuing to work due to a hazardous condition that endangered their health or safety, a 55 percent increase from 2017. In addition, 40 criminal charges and 1,471 requests for misdemeanor proceedings were filed against individuals for failure to provide a safe workplace for employees. The Labor Inspectorate employed inspectors and was responsible for worker safety and health, but they were insufficient to enforce compliance.

The government protected employees with varying degrees of effectiveness. In 2018, for inspections outside the scope of occupational safety and health, the Labor Inspectorate completed 42,688 labor inspections involving more than 325,000 employees and uncovered 17,026 informal employment arrangements within legal entities. Following the inspections, formalized employment contracts were granted to 13,869 (82 percent) workers. According to the Labor Inspectorate, the most common violations of workers’ rights involved work performed without an employment contract; nonpayment of salary, overtime, and benefits; employers not following procedures in terminating employment contracts; nonpayment of obligatory pension and health contributions; and employers withholding maternity leave allowances. The inspectorate recorded 53 workplace accidents in which an employee died. Cases of death and injury were most common in the construction, transportation and storage, agricultural, and industrial sectors of the economy.

Slovakia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the right of workers to form and join independent unions of their choice. The law also provides for unions to conduct their activities without interference, including the right to organize and bargain collectively, and workers exercised these rights. The law recognizes the right to strike with advance notice, both when collective bargaining fails to reach an agreement and in support of other striking employees’ demands (solidarity strike). Civil servants in essential services, judges, prosecutors, and members of the military do not have the right to strike. The law prohibits dismissing workers who legally participate in strikes but does not offer such protection if a strike was illegal or unofficial. The law prohibits antiunion discrimination. The law does not state whether reinstatement of workers fired for union activity is required.

The government effectively enforced applicable laws and remedies, and penalties for violations were sufficient to deter violations. These procedures were, however, occasionally subject to delays and appeals.

Workers and unions generally exercised these rights without restrictions. The government generally respected their rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Police are responsible for investigating forced labor but faced challenges in effectively enforcing the law. The law provides strong penalties for labor traffickers, including imprisonment for terms of four to 25 years, depending on the seriousness of the case. The Ministry of Interior, together with the International Organization for Migration, trained government officials in identifying victims subjected to trafficking for forced labor.

There were reports by NGOs of male and female migrants forced to work in the country under conditions of forced labor, including nonpayment of wages. Migrant workers in the retail and construction sectors or employed as household help were considered particularly vulnerable. Underemployed and undereducated Roma from socially segregated rural settlements were disproportionately vulnerable to trafficking in persons for forced labor. The government carried out extensive awareness raising campaigns on the dangers of trafficking in persons with a focus on forced labor and organized joint inspections of business entities to identify illegal employment, forced labor, and trafficking in persons. Courts continued to issue light and suspended sentences for the majority of convicted traffickers that failed to deter trafficking offenses or protect victims.

In May the Banska Bystrica regional court confirmed a lower court ruling sentencing a man to eight years and eight months in a minimum-security prison for exploiting the poor social situation of three homeless persons and trafficking them to Germany for the purposes of forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, although younger children may perform light work in cultural or artistic performances, sports events, or advertising activities if it does not affect their health, safety, personal development, or schooling. The National Labor Inspection Service (NLI) and the Public Health Office must approve, determine the maximum hours, and set conditions for work by children younger than 15. The law does not permit children younger than 16 to work more than 30 hours per week on average and restricts children under 18 years of age to 37.5 hours per week. The law applies to all children who are high school or full-time university students. The law does not allow children under the age of 18 to work underground, work overtime, or perform labor inappropriate for their age or health. The violation of child and juvenile labor rules is punishable by penalties which are sufficient to deter violations, although application of those penalties was not always sufficient to deter violations. The NLI did not report serious violations of laws relating to child labor.

Regional inspection units, which were under the auspices of the NLI, received and investigated child labor complaints. Apart from regional inspection units, the state Social Insurance Company was also responsible for monitoring child labor law compliance. If a unit determined that a child labor law or regulation had been broken, it transferred the case to the NLI, which may also impose fines on employers and individuals that fail to report such incidents adequately.

The government generally enforced the law effectively. Resources, inspections, and remediation were generally adequate.

There were reports Romani children in some settlements were subjected to trafficking for commercial sex or forced marriage (see section 6, Children). NGOs reported that family members or other Roma exploited Romani victims, including children with disabilities. Child labor in the form of forced begging was a problem in some communities.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination regarding age, religion, ethnicity, race, sex, gender, disability, language, sexual orientation, social status, or “other status” but does not specifically prohibit discrimination based on HIV status. Relevant inspection bodies provide for the protection of migrant workers against abuses from private employment agencies. The Central Office of Labor, Social Affairs and Family and the Trade Business Office may cancel or suspend the business license of violators and impose penalties which are sufficient to deter violations. Employers discriminated against members of the Romani minority.

In May the Constitutional Court awarded 2,000 euros ($2,200) in compensation to a Romani man who since 2016 had sought redress for racial discrimination in employment after an employment agency specifically told him they were not hiring Roma. The Constitutional Court ruled proceedings were unduly delayed and criticized the district court in Trnava for not setting the first court hearing until almost four years after the lawsuit was originally filed.

The government continued implementing a program to increase the motivation of the long-term unemployed Roma to find jobs. The Operational Program–Human Resources for 2014-20 included as one of its priorities the integration of marginalized Romani communities in the labor market through educational measures. In January the government released a report prepared by the Ministry of Finance showing that Romani jobseekers were less likely to benefit from effective active labor market measures, particularly further training and requalification, compared to the non-Romani population of jobseekers. Activists frequently alleged that employers refused to hire Roma, and an estimated 70 percent of Roma from socially excluded communities were unemployed. NGOs working with Roma from such communities reported that, while job applications by Roma were often successful during the initial phase of selection, in a majority of cases employers rejected the applicants once they found they were Roma. Rejected job applicants rarely pursued discrimination cases through the courts, and if they did, these proceedings resulted in excessive and undue delays; even successful cases awarded minimal financial compensation, as in the May Constitutional Court ruling noted above.

Despite having attained higher levels of education than men, women faced an employment gap of approximately 13 percent and only 33 percent of entrepreneurs were women. Experts noted motherhood negatively affected career prospects due to long maternity and parental leave and a lack of preschool facilities and flexible work arrangements. Women earned on average 18 percent less than their male colleagues according to a 2017 survey by the personnel agency Trexima.

e. Acceptable Conditions of Work

The minimum wage exceeds the minimum living standard (an official estimate of the poverty income level).

The law mandates a maximum workweek of 48 hours, including overtime, except for employees in the health-care sector, whose maximum workweek is 56 hours, including overtime. Worker overtime generally could not exceed 150 hours per year, with the exception of health-care professionals, who in specific cases and under an agreement with labor unions could work up to 250 hours overtime. Employees who worked overtime were entitled to a 25 percent premium on their hourly rate. Employees who work under conditions that endanger their health and safety are entitled to “relaxation” leave in addition to standard leave and an additional 35 percent of their hourly wage rate. Employees who work during government holidays are entitled to an additional 50 percent of their hourly rate. Employers who fail to follow overtime rules face fines that were adequate to deter violations. If employers fail to pay an employee, they may face imprisonment of one to five years.

Trade unions, local employment offices, and the Ministry of Labor, Social Affairs, and Family monitored observance of these laws, and authorities effectively enforced them.

The law establishes occupational safety and health standards that the Office for Labor Safety generally enforced. Workers could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Minimum wage, hours of work, and occupational safety and health standards were appropriate for the main industries and effectively enforced. The number of labor inspectors was sufficient to ensure compliance with the law. The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. If there are safety and security concerns found at a workplace, the inspectors may require companies to stop using equipment that poses risks until they meet safety requirements. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties.

Slovenia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity. In 2016, in the first ruling of its kind, a court ruled to protect the right of workers to unionize. NGOs reported that in practice employers have informally pressured employees to refrain from organizing or to deunionize, particularly workers in the metal industry and transport sector.

The law requires unionization of at least 10 percent of workers in a sector before the sector may engage in collective bargaining. The law restricts the right to strike for police, members of the military, and some other public employees, providing for arbitration instead. Local NGOs assessed that although penalties for violations were sufficient, a shortage of labor inspectors impeded the government’s ability to effectively prevent, monitor, and deter violations. Judicial and administrative procedures were not subject to lengthy delays or appeals.

The government respected freedom of association and the right to bargain collectively.

b. Prohibition of Forced or Compulsory Labor

While the law prohibits all forms of forced or compulsory labor, and the government generally enforced the law, forced labor occurred and was most prevalent in the metal and wood industry, construction, hospitality, and transport sectors. Local NGOs assessed that while penalties for violations were sufficient, a shortage of inspectors impeded the government’s ability to effectively prevent and monitor violations.

There were reports men, women, and children were subjected to forced labor in the construction sector and forced begging. A government report found minors and migrant workers were particularly vulnerable to forced labor or trafficking conditions, while fraudulent employment and recruitment of migrant workers remained a problem.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum legal age of employment is 15. The law limits hours, mandates rest periods, prohibits working in hazardous locations, and specifies adult supervision for workers younger than age 18. While no specific occupations are restricted, hazardous work locations specified by the law include those that are underground and underwater and those involving harmful exposure to radiation, toxic or carcinogenic agents, extreme cold, heat, noise, or vibrations. Penalties for labor law violations related to child labor violations range from a fine to one year in prison and were sufficient to deter violations. The government generally enforced child labor and minimum age laws effectively. Nevertheless, children younger than 15 in rural areas often worked during the harvest season and performed farm chores. Some children were also subjected to sex trafficking and trafficking for forced labor, including forced begging.

d. Discrimination with Respect to Employment and Occupation

The law establishes a general framework for equal treatment and prohibits discrimination with respect to employment or occupation based on race or ethnic origin, sex, color, religion, age, citizenship, disability, or sexual orientation. The law specifically prohibits discrimination based on language or HIV-positive status. The government effectively enforced these laws. Penalties for violations range widely, depending on the type and size of the employing organization, and were sufficient to deter violations. Women’s earnings were approximately 68 percent those of men, while in comparable positions, women’s earnings were approximately 97 percent those of men.

There were few formal complaints of discrimination, although there were some reports of employment discrimination based on gender, age, and nationality. In certain sectors foreign workers are required to remain employed with their initial employer for a minimum of one year. Local NGOs assessed this requirement enabled labor exploitation through lower salaries, poor living conditions, and longer working hours. Migrant workers enjoyed the same labor rights as citizens, but they faced discrimination. Many migrants worked in the hospitality sector or in physically demanding jobs. Some migrant workers were not aware of local labor laws regarding minimum wage, overtime, health care, and other benefits, a problem compounded by language barriers.

In October the Office of the Advocate of the Principle of Equality filed a lawsuit against the Slovenian Association of Cycling Commissaries over alleged employment discrimination based on age. Association of Cycling Commissaries bylaws do not permit individuals older than age 70 to work, and the Association automatically dismissed one of its employees upon reaching 70 years of age. The Office of the Advocate of the Principle of Equality filed the lawsuit on behalf of the individual, and the case remained pending.

One NGO estimated only 2 percent of Roma in the southeastern part of the country worked in the formal economy. Employment in informal sectors made Roma vulnerable to labor law violations, particularly in terms of benefits and procedures for termination of employment. Employment discrimination against Roma was not limited to a specific sector. The government attempted to address problems experienced by Roma (see also section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The national monthly gross minimum wage exceeded the poverty line. The official poverty line is set at 662 euros ($730) per month for single-member households. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors minimum wage compliance and has inspection authority. According to NGOs and advocacy groups, authorities generally enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. Penalties for violations were sufficient to deter violations.

Collective agreements determined whether workers received premium pay for overtime. The law limits overtime to eight hours per week, 20 hours per month, and 170 hours per year.

The European Trade Union Confederation reported five cases of potential labor exploitation of Slovenian nationals temporarily working in other EU countries to the European Labor Authority. A local trade union confederation expressed concern that Slovenian authorities issued temporary work permits for its nationals to work in other EU countries based on false pretenses and without adequately monitoring the posted employees or checking for potential violations. The trade union confederation urged the government to adopt measures to prevent and combat such violations. Common examples of such exploitation included pay discrepancies between local and posted Slovenian workers and companies neglecting to pay social security contributions or grant paid holidays and sick leave.

Special commissions under the Ministry of Health and the Ministry of Labor, Family, Social Affairs, and Equal Opportunities set occupational health and safety standards for workers that are appropriate for the main industries in the country. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers facing hazardous working conditions included professional divers, mountain rescuers, sailors, construction workers, and miners. Workers facing exploitative working conditions included those employed in construction, the transport sector, the wood industry, and exotic dancers.

The law requires employers to protect workers injured on the job. If incapacitated, such workers may perform other work corresponding to their abilities, obtain part-time work, and receive occupational rehabilitation and wage compensation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors labor practices and has inspection authority; police are responsible for investigating violations of the law. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers who faced conditions of exploitation. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) observed that conflicts between laws governing inspection could lead to uncertainty regarding whether inspectors have a right of access to work sites. The law requires employers to make social security payments for all workers. The Free Legal Aid Society reported that employers of migrant workers usually did not deduct social security from paychecks, leaving those workers without a future pension or access to social services. The number of inspectors was insufficient to monitor potential labor contract, occupation safety, and health violations; the CEACR and NGOs reported an urgent need to increase the number of inspectors to keep up with the workload. Labor inspectors carried out labor contract and occupational safety and health inspections, found violations, and issued penalties. In both fields the majority of violations took place in the wood-processing industry, the metal industry, construction, and bars and restaurants.

There were no major industrial accidents during the year in which workers were injured.

Spain

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows most workers, including foreign and migrant workers, to form and join independent unions of their choice without previous authorization or excessive requirements. Military personnel and national police forces do not have the right to join generalist unions. Judges, magistrates, and prosecutors may join only bar associations.

The law provides for collective bargaining, including for all workers, part-time and full-time, in the public sector except military personnel, and the government effectively enforced the applicable laws. Public sector collective bargaining includes salaries and employment levels, but the government retained the right to set the levels if negotiations failed. The government has the unilateral power to annul, modify, or extend the content and scope of collective agreements in the public sector, and all collective bargaining agreements must be registered with the government.

The constitution and law provide for the right to strike, and workers exercised this right by conducting legal strikes. The law prohibits strikers from disrupting or seeking to disrupt harmonious relationship among citizens, disturbing public order, causing damage to persons or property, blocking roads or public spaces, or preventing authorities or bodies from performing their duties freely. Any striking union must respect minimum service requirements negotiated with the respective employer. Law and regulations prohibit retaliation against strikers, antiunion discrimination, and discrimination based on union activity, and these laws were effectively enforced. According to the law, if an employer violates union rights, including the right to conduct legal strikes, or dismisses an employee for participation in a union, the employer could face imprisonment from six months to two years or a fine if the employer does not reinstate the employee. These penalties were sufficient to deter violations.

Workers freely organized and joined unions of their choice. The government generally did not interfere in union functioning. Collective bargaining agreements covered approximately 80 percent of the workforce in the public and private sectors at the end of the year. On occasion employers used the minimum service requirements to undermine planned strikes and ensure services in critical areas such as transportation or health services.

Although the law prohibits antiunion discrimination by employers against workers and union organizers, unions contended that employers practiced discrimination in many cases by refusing to renew the temporary contracts of workers engaging in union organizing. There were also antiunion dismissals and interference in the activities of trade unions and collective bargaining in the public sector.

According to a 2019 report by the International Trade Union Confederation (ITUC), companies routinely accede to individual agreements with employees to avoid collective bargaining with unions. The ITUC also criticized government restrictions on the right to strike, with unions reporting that more than 300 workers have been charged under the criminal code that regulates participation in strikes based on minimum service requirements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor including by children.

The government effectively enforced the law. It maintained strong prevention efforts, although the efforts focused more on forced prostitution than other types of forced labor. The government had an insufficient number of inspectors to enforce the law effectively. The government did not implement new forced labor awareness campaigns. Penalties were sufficiently stringent to deter violations.

There were cases of employers subjecting migrant men and women to forced labor in domestic service, agriculture, construction, and the service industry. Unaccompanied children remained particularly vulnerable to labor exploitation and forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, as defined by international standards. The statutory minimum age for the employment of children is 16. The law also prohibits those younger than 18 from employment at night, overtime work, or employment in sectors considered hazardous, such as the agricultural, mining, and construction sectors. Laws and policies provide for protection of children from exploitation in the workplace, and these laws generally were enforced.

The Ministry of Employment, Migration, and Social Security has primary responsibility for enforcement of the minimum age law, and it enforced the law effectively in industries and the service sector.

The ministry did not effectively enforce the law on small farms and in family-owned businesses, where child labor persisted. The government effectively enforced laws prohibiting child labor in the special economic zones. In 2017, the most recent year for which data were available, the Ministry of Employment, Migration, and Social Security detected 20 violations of child labor laws that involved 24 minors between ages 16 and 18, and 19 violations involving 37 minors under 16 years old. The fines amounted to more than 250,000 euros ($275,000). In 2017 there were 13 violations related to the safety and health of working minors, involving 18 minors, with penalties of more than 150,000 euros ($165,000). The penalties for violating child labor laws were sufficient to deter violations.

There were reports that criminals subjected children to trafficking in the sex trade and forced solicitation, as well as pornography. Police databases do not automatically register foreign children intercepted at the borders, making them vulnerable to exploitation, including forced begging and commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law, although discrimination in employment and occupation still occurred with respect to race and ethnicity, gender, and sexual orientation. The government requires companies with more than 50 workers to reserve 2 percent of their jobs for persons with disabilities.

According to Eurostat, female workers earned 14.9-percent less per hour than their male counterparts. Gross salary, according to Eurostat, was 20 percent lower.

On International Women’s Day on March 8, hundreds of thousands of women and men demonstrated in most cities to call attention to gender-based violence, wage gaps, and sexual harassment.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which barely met the poverty level in 2018.

The Ministry of Employment, Migration, and Social Security effectively enforced minimum wage, hours of work, and occupational safety and health standards in the formal economy but not in the informal economy.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Employment, Migration, and Social Security has technical responsibility for developing occupational safety and health standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing the law on occupational safety and health standards through inspections and legal action if inspectors find infractions. The number of inspectors was insufficient to enforce the law. The penalties were not sufficient to deter violations. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included occupational safety standards in the construction sector and infractions of wages and social security benefits on workers in the informal economy. In June 2018 Funcas (Fundacion de Cajas de Ahorros) estimated that the informal economy was between 18.5 and 24.5 percent of the country’s gross domestic product.

In 2018 the Ministry of Labor, Migration, and Social Security recorded 617,488 workplace accidents, of which authorities considered 3,992 as serious but nonfatal. There were 557 fatal accidents, 15 more than in 2017.

Through July the Ministry of Labor, Migration, and Social Security recorded 310,130 workplace accidents, of which 292 were fatal accidents, 74 fewer more than the same period in 2018.

Sweden

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes. The government effectively enforced the law and penalties were sufficient to deter violations. The law prohibits antiunion discrimination and provides for protection of workers from being fired because of union activity. If a court finds a dismissal to be unlawful, the employee has the right to reinstatement.

Foreign companies may be exempt from collective bargaining, provided they meet minimum working conditions and levels of pay. Public-sector employees enjoy the right to strike, subject to limitations in the collective agreements protecting the public’s immediate health and security. The government mediation service may also intervene to postpone a strike for up to 14 days for mediation. The International Trade Union Confederation (ITUC) claimed the law restricts the rights of the country’s trade unions to take industrial action on behalf of foreign workers in foreign companies operating in the country. The law allows unions to conduct their activities largely without interference. The government effectively enforced applicable laws. The Labor Court settles any dispute that affects the relationship between employers and employees. An employer organization, an employee organization, or an employer who has entered into a collective agreement on an individual basis may lodge claims. The Labor Court may impose prison sentences sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

Workers and employers exercised all legal collective bargaining rights, which the government protected. The government and employers respected freedom of association and the right to collective bargaining. There were few reports of antiunion discrimination. ITUC quoted the Swedish Confederation for Professional Employees that employee representatives and occupational safety and health (OSH) representatives were most affected by antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced the law. Penalties of imprisonment were generally sufficient to deter violations. Forced labor involving trafficked men and women occurred in agriculture (including involving companies providing foreign labor for berry picking), construction, hospitality, domestic work, forced begging, and theft, and there were reports of forced begging involving trafficked children (see section 7.c.). In some cases employers or contractors providing labor seized the passports of workers and withheld their pay. Resources and inspections were adequate.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. It permits full-time employment from the age of 16 under the supervision of local authorities. Employees younger than age 18 may work only during the daytime and under supervision. Children as young as 13 may work part time or perform light work with parental permission. The law limits the types of work children may or may not engage in. For instance, a child may not work with dangerous machinery or chemicals. A child may also not work alone or be responsible for handling cash transactions. The law considers illegal employment of a child in the labor market a civil rather than a criminal violation. According to the law, forcing a child to work may be treated as coercion, deprivation of liberty, or child abuse, and it carries a wide range of penalties, including fines and imprisonment. The government effectively implemented these laws and regulations. Penalties were sufficient to deter violations.

According to the National Method Support against Prostitution and Trafficking, an umbrella organization under the auspices of the Equality Agency, 19 girls and 38 boys from outside the country were subjected to trafficking in 2018. This was a decrease compared with previous years. The boys were mainly subjected to forced begging and forced petty theft. The girls were mainly subjected to sexual exploitation, forced begging, and child marriage. Police and social services reportedly acted promptly when case were reported. The most common country of origin for trafficked children was Morocco.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced applicable law, and penalties were sufficient to deter violations. The law requires equal pay for equal work. Discrimination in employment or occupation occurred. The equality ombudsman investigated complaints of gender discrimination in the labor market. In 2018 the ombudsman received 807 complaints of discrimination in the labor market, of which 170 were related to gender. Workers with disabilities faced workplace access discrimination. Of the complaints of ethnic discrimination, 254 involved the labor market. Complaints may also be filed with the courts or with the employer. Labor unions generally mediated in cases filed with the employer.

In November 2018 the Center for Multidisciplinary Research on Racism at Uppsala University reported on discrimination against Afro-Swedes in the labor market. Afro-Swedes with a three-year post-secondary education have significantly lower salaries than the rest of the population with the same level of education. Afro-Swedes born in Sweden had an income level 50 percent below the average.

e. Acceptable Conditions of Work

There is no national minimum wage law. Annual collective bargaining agreements set wages within industries, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

OSH standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker.

The Swedish Work Environment Authority, a government agency, effectively enforced these standards. During the year the government conducted more than 400 unannounced visits to check on work permits, taxes, and working environment regulations, in the process uncovering widespread violations. In 2018 the authority conducted approximately 27,000 labor dialogue visits of which 19,000 were labor inspections. The number of inspectors was sufficient to enforce the law. The government’s increase of the authority’s budget resulted in an increase in inspections. The Swedish Work Environment Authority reported 50 industrial accidents that caused death of workers in 2018.

The Swedish Work Environment Authority issued occupational health and safety regulations, and trained union stewards and safety ombudsmen whom government inspectors monitored. Safety ombudsmen have the authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Penalties were sufficient to deter violations.

Many foreign seasonal workers, including berry pickers from Asia and Bulgaria, faced harsh working conditions, including the seizure of passports, withholding of pay, and poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their workhours. A foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation.

Switzerland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right for all workers, including foreigners, public-sector officials, domestic workers, and agricultural workers, to form and join independent unions of their choice without previous authorization or excessive requirements. The law also provides for the right to bargain collectively and conduct legal strikes, and the government protected these rights. Strikes must be linked to industrial relations, however, and the government may curtail the right of federal public servants to strike for reasons of national security or to safeguard foreign policy interests. Laws prohibit public servants in some cantons and many municipalities from striking. No specific laws prohibit antiunion discrimination or employer interference in trade union activities. The law does not require employers to reinstate an employee whom employers unjustly dismissed for union activity.

No law defines minimum or maximum penalties for violations of the freedoms of association or collective bargaining. Penalties took the form of fines, which were sufficient to deter violations. According to union representatives, the length of administrative and judicial procedures varied from case to case. Collective bargaining agreements committed the social partners to maintain labor peace, thereby limiting the right to strike for the duration of an agreement, which generally lasted several years.

The government respected the freedoms of association and collective bargaining, but employers at times dismissed trade unionists and used the legal system to limit legitimate trade union activities. Trade unions continued to report discriminatory behavior against their members.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. Penalties for forced labor violations were up to 20 years’ imprisonment and were sufficient to deter violations. Various NGOs commented that fines for labor trafficking were often very low because authorities treated indications of forced labor as relatively minor labor violations. The government conducted several training programs for relevant authorities on labor trafficking aimed at raising awareness and reducing such exploitation. In 2018 the Federal Police organized a day-long labor-trafficking seminar attended by 100 prosecutors, labor inspectors, and cantonal police officers, while the government and International Labor Organization (ILO) held a forced-labor workshop for businesses to improve their identification and risk awareness of labor trafficking in global supply chains. In 2017 the Federal Police published an updated national action plan on countering human trafficking for the period 2017-20 that included increased measures for combating forced labor and labor exploitation, such as an improved checklist to identify potential labor-trafficking victims.

According to antitrafficking NGOs who provided services to victims, incidents of forced labor occurred, primarily in the domestic-service, catering, agriculture, tourism, hospitality, construction, and nursing industries. Forced begging, stealing, and financial scams occurred in several cantons.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for full-time employment is 15 years. Children who are 13 or 14 years of age may engage in light work for no more than nine hours per week during the school year and 15 hours at other times. Children younger than 13 may, under special circumstances, work at sports or cultural events with the approval of cantonal authorities. Employment of youths between the ages of 15 and 18 is also restricted. Children who have not completed compulsory education may not work on Sundays, while all children younger than the age of 18 are prohibited from working under hazardous conditions or at night. According to the ILO Committee of Experts on the Application of Conventions and Recommendations, the penal code prohibits the publication of pornography involving children, but the relevant provisions only cover persons who are younger than 16 years of age.

The government effectively enforced laws and policies to protect children from exploitation in the workplace, and penalties were sufficient to deter violations. The Federal Department of Economic Affairs, Education, and Research  monitored the implementation of child labor laws and policies, and cantonal labor inspectors effectively inspected companies to determine whether there were violations of child labor laws. Cantonal inspectors strictly enforced these provisions.

d. Discrimination with Respect to Employment and Occupation

The equality law prohibits discrimination with respect to employment on the basis of sex (including pregnancy). No labor law explicitly prohibits discrimination with respect to employment on the grounds of sex (including pregnancy), race, color, religion, disability, sexual orientation or gender identity, language, political opinion, HIV/AIDS status, age, national origin, or refugee or stateless status. In court cases on employment discrimination based on sex, the equality law prevails.

Violations of the law may result in the award of compensation to a prospective or dismissed employee equal to a maximum of three months’ salary in the public sector and six months’ salary in private industry. The government did not effectively enforce this provision. Penalties were not sufficient to deter violations. The ILO observed that the country lacked easily accessible mechanisms for workers to seek remedy or compensation for discrimination in employment and vocational training.

Discrimination in employment and occupation occurred with respect to national, racial, and ethnic minorities as well as based on sex, sexual orientation, gender identity, disability, HIV/AIDS status, and age. For example, an employer dismissed an HIV-positive person after the employee informed his supervisor of his HIV-positive status.

Discrimination against women in the workplace is illegal, but a disproportionate share of women held jobs with lower levels of responsibility. Employers promoted women less frequently than they did men, and women were less likely to own or manage businesses. According to TravailSuisse, one of the country’s largest trade unions representing more than 150,000 workers, women were severely underrepresented in top-level management positions, particularly in private industry.

On June 19, parliament passed legislation calling for women to occupy at least 30 percent of corporate board positions and 20 percent of corporate management positions in enterprises with a minimum of 250 employees. The nonbinding policy requires businesses that fail to reach the targets to submit a written justification to the government.

The law entitles women and men to equal pay for equal work, but this was not enforced effectively according to TravailSuisse. Based on research by the Federal Statistics Office, there was an 18 percent gender wage gap across both the public and private sectors in 2016, the last year for which data was available. In 2016 the median monthly income for women in the public sector was 7,468 Swiss francs/U.S. dollars, while men earned 8,966 Swiss francs/U.S. dollars. The median monthly income for women in the private sector was 6,266 Swiss francs/U.S. dollars while men earned 7,793 Swiss francs/U.S. dollars. On June 14, several hundred thousand people protested against gender inequality and the gender pay gap in one of the country’s largest-ever demonstrations.

In December 2018 parliament passed a law giving companies with more than 100 employees until 2021 to submit an independent report examining potential wage gaps between men and women. The law requires companies to repeat the assessment every four years until no evidence of an unjustified wage difference is found.

The Federal Office for Gender Equality’s annual budget of approximately four million Swiss francs/U.S. dollars financed projects that promoted equal pay and equal career opportunities. As of July the office had approved 14 projects totaling 1.4 million Swiss francs/U.S. dollars. In 2018 the office financed projects worth approximately 4.4 million Swiss francs/U.S. dollars. The projects were primarily geared towards assisting businesses and counseling offices in eliminating sex-based discrimination.

According to Inclusion Handicap, problems remained in integrating individuals with disabilities, especially those with mental and cognitive handicaps, into the labor market. The NGO noted discrimination against disabled persons was particularly problematic in the private sector. Procap, one of the country’s largest organizations for persons with disabilities, stated that many persons with disabilities lacked adequate support from social insurance after taking a job, making sustained employment difficult (also see section 6, Persons with Disabilities).

The NGOs Pink Cross and Transgender Network noted LGBTI persons experienced workplace discrimination but did not provide specific examples.

According to a July 2018 study by the Bern University of Applied Sciences, only 14 percent of unemployed persons older than age 50 found a stable job after losing their previous employment, with many requiring social assistance after their unemployment benefits expired. The Romani association Romano Dialogue reported Roma were subjected to discrimination in the labor market and that many Roma concealed their identity to prevent professional backlash.

There were reports of labor discrimination against persons with HIV/AIDS. In 2018 the Swiss AIDS Federation registered 122 cases of discrimination against individuals with HIV, the highest number of discrimination cases ever recorded. Approximately 15 of the complaints concerned employment discrimination or other discrimination in the workplace. Examples of workplace discrimination included refusals to renew job contracts and dismissals because of a person’s HIV-positive status.

According to several organizations, including the International Organization for Migration and the Advocacy and Support Organization for Migrant Women and Victims of Trafficking, migrant workers in low-wage jobs were more likely than other workers to face exploitative labor practices and poor working conditions. This was especially true in the construction, hospitality, tourism, domestic-work, health-care, and agricultural sectors.

 

e. Acceptable Conditions of Work

There was no national minimum wage. Work contracts covering approximately 40 percent of citizen wage earners included minimum wage provisions, although average wages for workers and employees covered by these contracts, particularly in the clothing, hospitality, and retail industries, remained relatively low. A majority of voluntary collective bargaining agreements, reached on a sector-by-sector basis, contained minimum compensation clauses. Authorities effectively enforced these contracts, and penalties were sufficient to deter violations. Minimum wage agreements exceeded the poverty income level for a single person but did not exceed the poverty income level for a family with two adults and two children.

The law sets a maximum 45-hour workweek for blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The rules exclude certain professions, such as taxi drivers and medical doctors.

To protect worker health and safety, the law contains extensive provisions that are current and appropriate for the main industries. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Federal Department of Economic Affairs, Education, and Research and cantonal labor inspectorates effectively enforced laws relating to hours of work and occupational safety and health across all sectors including the informal economy. In 2018 the cantons inspected 12,376 businesses. The ministry also oversees collective bargaining agreements. The number of labor inspectors was sufficient to enforce compliance.

The courts determined fines according to the personal and economic situation of the perpetrator at the time of sentencing.

Migrant workers in low-wage jobs were more likely to experience exploitative labor practices. During the year several local NGOs and international organizations, including the International Organization for Migration, expressed concern that authorities lacked the necessary resources and expertise to adequately address labor exploitation prevalent in the construction, hospitality, health-care, and domestic-labor sectors.

Immigrants may work and have the same rights as other workers. There are no special provisions or requirements for noncitizen workers apart from having legal immigration status and a valid work permit. The government did not allow individuals without legal status or work permits to work. Individuals who obtained legal status could request a work permit. Asylum seekers usually were not allowed to work during the first three to six months after they had applied for asylum but in exceptional cases could work as self-employed.

In 2017 the Federal Office for Health facilitated the establishment of a fund for assisting asbestos victims who had been diagnosed with cancer caused by workplace conditions dating to 2006. The fund was financed by voluntary industry contributions, including starting capital of six million Swiss francs/U.S. dollars and financial pledges of 24 million Swiss francs/U.S. dollars.

Turkey

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes, but it places significant restrictions on these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity or payment of a fine equal to one year’s salary.

Certain public employees, such as senior officials, magistrates, members of the armed forces, and police, cannot form unions. The law provides for the right to strike but prohibits strikes by public workers engaged in safeguarding life and property and by workers in the coal mining and petroleum industries, hospitals and funeral industries, urban transportation, energy and sanitation services, national defense, banking, and education. For example, on October 4, a group of miners from Soma–the site of a 2014 disaster that left 301 workers dead–announced they would march 180 miles to Ankara to demand seniority indemnity payments for the previous five years. Jandarma reportedly prevented the miners from marching on October 6. Employees in some of these sectors were able to bargain collectively but were obligated to resolve disputes through binding arbitration rather than strikes.

The law allows the government to deny the right to strike in any situation it determines represents a threat to public health or national security. In January the government banned a strike by Izmir Suburban Rail System workers demanding salaries comparable to other rail transport workers, arguing that a strike would be disruptive to urban public transportation services. The government maintained a number of restrictions on the right of association and collective bargaining. The law requires unions to notify government officials prior to meetings or rallies, which must be held in officially designated areas and allow government representatives to attend their conventions and record the proceedings. A minimum of seven workers is required to establish a trade union without prior approval. To become a bargaining agent, a union must represent 40 percent of the employees at a given work site and 1 percent of all workers in that particular industry. Labor law prohibits union leaders from becoming officers of or otherwise performing duties for political parties or working for or being involved in the operation of any profit-making enterprise. Nonunionized workers, such as migrants and domestic servants, were not covered by collective bargaining laws.

The government did not enforce laws on collective bargaining and freedom of association effectively in many instances, and penalties were insufficient to deter violations. Labor courts functioned effectively and relatively efficiently, although appeals could often last for years. If a court ruled that an employer had unfairly dismissed a worker and should either reinstate or compensate the individual, the employer generally paid compensation to the employee along with a fine.

Public-sector employees dismissed under the 2016-18 state of emergency did not have access to adequate recourse to appeal their dismissals (see section 1.e.). The closure of foundations, universities, hospitals, associations, newspapers, television channels, publishing houses, and distributors under state of emergency decrees left employees jobless, without their salaries and severance payments, as part of the seizure of assets by the government. In June 2018 the International Labor Organization found that the government had unfairly dismissed or arrested worker representatives in addition to tens of thousands of public-sector workers. In a July 2018 report, the Confederation of Revolutionary Workers Unions (DISK) asserted that government actions under the state of emergency violated a range of labor rights and reported that 19 unions and confederations were shut down under the state of emergency, at times due to alleged affiliations with the Gulen movement. As of year’s end, the unions had not been reopened.

The government and employers interfered with freedom of association and the right to collective bargaining. Government restrictions and interference limited the ability of some unions to conduct public and other activities. Police were frequently present at union meetings and conventions, and some unions reported that local authorities prohibited public activities, such as marches and press conferences. In major cities authorities limited the traditional May 1 Labor Day rallies to distinct neighborhoods, while Labor Day activities in most other cities throughout the country faced no restrictions.

Official government statistics stated 52 workers lost their lives while working on the site of Istanbul’s new airport, while some union reports alleged the number was much higher. Police broke up a September 2018 on-site rally of workers protesting unsafe working conditions and unpaid wages at the construction site of Istanbul’s airport, leading to the detention of approximately 500 workers. Prior to their November 27 hearing, 67 defendants continued to face charges of destruction of property, disrupting the freedom to work, violating the law on public assemblies, and possession of weapons. None remained in detention or under judicial control.

According to DISK and CHP member of parliament Veli Agbaba, under the state of emergency, the government banned seven strikes that it deemed threats to national security and suspended 16 in 2019.

Employers used threats, violence, and layoffs in unionized workplaces. Unions stated that antiunion discrimination occurred regularly across sectors. Service-sector union organizers reported that private-sector employers sometimes ignored the law and dismissed workers to discourage union activity. Many employers hired workers on revolving contracts of less than a year’s duration, making them ineligible for equal benefits or bargaining rights. On March 7, chiefly female employees in the Flormar cosmetic company ended their strike and called for a boycott of the company’s products after 297 days protesting the firing of 132 women who complained of low pay and poor safety conditions in May 2018. The women accepted the company’s compensation offer.

b. Prohibition of Forced or Compulsory Labor

The law generally prohibits all forms of forced or compulsory labor, but the government enforced such laws unevenly. Penalties were insufficient to deter violations. Forced labor generally did not occur, although some local and refugee families required their children to work on the streets and in the agricultural or industrial sectors to supplement family income (see section 7.c.).

Women, refugees, and migrants were vulnerable to labor trafficking. Although government efforts to prevent trafficking continued with mixed effect, authorities made improvements in identifying trafficking victims nationwide. Penalties for conviction of trafficking violations were sufficiently stringent compared with other serious crimes. The government did not make data on the number of arrests and convictions related to trafficking publicly available.

The government implemented a work permit system for registered Syrian adults with special temporary protected status; however, applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both conditional refugees and Syrians under special temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law allows children to perform light work that does not interfere with their school attendance from the age of 14 and establishes 16 as the minimum age for regular employment. The law prohibits children younger than 16 from performing arduous or dangerous work. The government prohibited children younger than 18 from working in certain professions or under hazardous conditions.

The government did not effectively enforce child labor laws but made efforts to address the problem. Resources and inspections were insufficient to effectively monitor and enforce prohibitions against the use of child labor. In the absence of a complaint, inspectors did not generally visit private agricultural enterprises that employed 50 or fewer workers, resulting in enterprises vulnerable to child labor exploitation.

Illicit child labor persisted, including in its worst forms, driven in part by large numbers of Syrian refugee children working in the country. Child labor primarily took place in seasonal agriculture (e.g., hazelnuts), street work (e.g., begging), and small or medium industry (e.g., textiles, footwear, and garments), although the overall scale of the problem remained unclear, according to a wide range of experts, academics, and UN agencies engaged on the issue. Parents and others sent Romani children to work on the streets selling tissues or food, shining shoes, or begging. Such practices were also a significant problem among Syrian and Afghan refugee children. The government implemented a work permit system for registered adult Syrian refugees with temporary protection status, but many lacked access to legal employment; some refugee children consequently worked to help support their families, in some cases under exploitative conditions. According to data from the Ministry of Family, Labor, and Social Services, in 2018, 50 workplaces were fined for violating rules prohibiting child 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  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

The law does not explicitly address discrimination due to sexual orientation, gender identity, color, national origin or citizenship, social origin, communicable disease status, or HIV-positive status. The labor code does not apply to discrimination in the recruitment phase. Discrimination in employment or occupation occurred with regard to sex, ethnicity, religion, sexual orientation, HIV-positive status, and presence of a disability. Sources also reported frequent discrimination based on political affiliation and views. Penalties were insufficient to prevent violations.

Women faced discrimination in employment and were generally underrepresented in managerial-level positions in business, government, and civil society, although the number of women in the workforce increased compared with previous years. According to the Turkish Statistics Institute, the employment rate for women in 2018 was 29.1 percent (an increase from 28 percent in 2016), corresponding to 8.84 million women, compared with 65.5 percent employment for men. The World Economic Forum’s Global Gender Gap Report 2018 recorded that 36.1 percent of women participated in the labor force, compared with 33.8 percent in 2017.

For companies with more than 50 workers, the law requires that at least 3 percent of the workforce consist of persons with disabilities, while in the public sector, the requirement is 4 percent. Despite these government efforts, NGOs reported examples of discrimination in employment of persons with disabilities.

LGBTI individuals faced particular discrimination in employment. Some statutes criminalize the vague practice of “unchastity.” Some employers used these provisions to discriminate against LGBTI individuals in the labor market, although overall numbers remained unclear.

e. Acceptable Conditions of Work

The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday/leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule. The Labor Ministry’s Labor Inspectorate effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. Government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries.

The government did not effectively enforce laws related to the minimum wage, working hours, and OSH in all sectors. The law did not cover workers in the informal economy, which accounted for an estimated 25 percent of the gross domestic product and more than one-quarter of the workforce. Penalties were not adequate to deter violations.

OSH violations were particularly common in the construction and mining industries, where accidents were frequent and regulations inconsistently enforced. The Assembly for Worker Health and Safety reported at least 1,606 workplace deaths during the first 11 months of the year. In many sectors workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. Overall numbers of labor inspectors remained insufficient to enforce compliance with labor laws across the country.

OSH laws and regulations covered both contract and unregistered workers but did not sufficiently protect them. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction. A majority of conditional refugees and Syrians under temporary protection were working informally as employers found too burdensome the application process for work permits (see section 2.f., Protection of Refugees).

Ukraine

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

During the year the OHCHR and human rights groups documented fewer incidents of xenophobic societal violence and discrimination, compared with a spike in these incidents in 2018. Civil society groups remained concerned, however, about the lack of accountability for crimes committed by radical groups in cases documented in 2018. During the year members of such groups committed violent attacks on ethnic minorities (especially Roma), LGBTI persons, feminists, and other individuals they considered to be “un-Ukrainian” or “anti-Ukrainian.” The HRMMU noted that the failure of police and prosecutors to prevent these acts of violence, properly classify them as hate crimes, and effectively investigate and prosecute them created an environment of impunity and lack of justice for victims.

There were continued reports that the government provided grant funds to or cooperated with radical groups. For example, according to monitoring by independent investigative media outlet Bellingcat, during the year the Ministry of Youth and Sport awarded 845,000 hryvnias ($35,000) to groups–such as National Corps and C14 that have committed violence against minorities–to run “national-patriotic education projects” for children.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association as a fundamental right and establishes the right to participate in independent trade unions. The law provides the right for most workers to form and join independent unions, to bargain collectively, and to conduct legal strikes. There are no laws or legal mechanisms to prevent antiunion discrimination, although the labor code requires employers to provide justification for layoffs and firings, and union activity is not an acceptable justification. Legal recourse is available for reinstatement, back wages, and punitive damages, although observers describe court enforcement as arbitrary and unpredictable, with damages too low to create incentives for compliance on the part of employers.

The law contains several limits to freedom of association and the right to collective bargaining. A number of laws that apply to worker organizations are excessively complex and contradictory. For example, the status of trade unions under two laws provides they are considered legal entities only after state registration. Under another law, however, a trade union is considered a legal entity upon adoption of its statute. The inherent conflict between these laws creates obstacles for workers seeking to form trade unions. Unions also reported significant bureaucratic hurdles in the registration process, including the payment of notary fees and requirements to visit as many as 10 different offices. Moreover, independent unions have reported multiple incidents of harassment by local law enforcement officials while navigating the registration process, including atypical and irregular requests for documentation and membership information.

The legal procedure to initiate a strike is complex and severely hinders strike action, artificially lowering the numbers of informal industrial actions. The legal process for industrial disputes requires consideration, conciliation, and labor arbitration allowing involved parties to draw out the process for months. Only after completion of this process can workers vote to strike, a decision that courts may still block. The right to strike is further restricted by the requirement that a large percentage of the workforce (two-thirds of general workers’ meeting delegates or 50 percent of workers in an enterprise) must vote in favor of a strike before it may be called. The government is allowed to deny workers the right to strike on national security grounds or to protect the health or “rights and liberties” of citizens. The law prohibits strikes by broad categories of workers, including personnel in the Office of the Prosecutor General, the judiciary, the armed forces, the security services, law enforcement agencies, the transportation sector, and the public-service sector.

Legal hurdles make it difficult for independent unions that are not affiliated with the Federation of Trade Unions of Ukraine (FPU) to take part in tripartite negotiations, participate in social insurance programs, or represent labor at the national and international levels. The legal hurdles resulting from an obsolete labor code hindered the ability of smaller independent unions to represent their members effectively. Authorities did not enforce labor laws effectively or consistently.

Worker rights advocates continued to express concerns about the independence of unions from government or employer control. Independent trade unions alleged that the country’s largest trade union confederation, the FPU, enjoyed a close relationship with employers and members of some political parties. Authorities further denied unions not affiliated with the FPU a share of disputed trade union assets inherited by the FPU from Soviet-era unions, a dispute dating back more than two decades.

Independent union representatives continued to be the subjects of violence and intimidation and reported that local law enforcement officials frequently ignored or facilitated violations of their rights. Worker advocates reported an increase in retaliation against trade union members involved in anticorruption activities at their workplaces.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor. Penalties for violations were sufficiently stringent to deter violations, but resources, inspections, and remediation were inadequate to enforce the law sufficiently.

During the year the IOM responded to numerous instances of compulsory labor, to include pornography, criminal activity, labor exploitation, begging, and sexual and other forms of exploitation. IOM Ukraine reported it assisted six children (four female and two male), three of whom were subjected to forced labor or begging. Annual reports on government action to prevent the use of forced labor in public procurement indicated that the government has not taken action to investigate its own supply chains for evidence of modern slavery. Traffickers subjected some children to forced labor (see section 7.c.).

According to the IOM, identified victims of trafficking received comprehensive reintegration assistance, including legal aid, medical care, psychological counseling, financial support, vocational training, and other types of assistance based on individual needs. Observers reported, however, that the provision of assistance was problematic due to funding shortfalls and high turnover of trained staff. The government continued to rely on international organizations and NGOs with international donor funding to identify victims and provide the vast majority of victim protection and assistance.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for most employment is 16, but children who are 14 may perform undefined “light work” with a parent’s consent. While the law prohibits the worst forms of child labor, it does not always provide inspectors sufficient authority to conduct inspections.

From January to October, the State Service on Labor conducted 2,516 inspections to investigate compliance with child labor laws. The inspections identified 41 organizations engaged in child labor activities. Of these, 14 were in the service sector, five in the industrial sector, five in the agricultural sector, and 17 in other areas. The inspections uncovered 57 cases of undeclared labor and 15 minors receiving undeclared wages. Increased child labor in amber mining was a growing problem, according to reports by international labor groups.

The most frequent violations of child labor laws concerned work under hazardous conditions, long workdays, failure to maintain accurate work records, and delayed salary payments. The government established institutional mechanisms for the enforcement of laws and regulations on child labor. The limited collection of penalties imposed for child labor violations, however, impeded the enforcement of child labor laws.

Penalties for violations of the child labor laws were insufficient to deter violations.

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 .

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits workplace discrimination on the basis of race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social, and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not effectively enforce the law, and employment discrimination reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties were not sufficient to deter violations.

Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the State Statistics Office, men earned on average 23 percent more than women. The gap was not caused by direct discrimination in the setting of wages, but by horizontal and vertical stratification of the labor market: Women were more likely to work in lower-paid sectors of the economy and in lower positions. Women held fewer elected or appointed offices at the national and regional levels. In July government research on women and men in the energy sector was presented to identify possible ways to resolve the problem of gender imbalance in the sector. The research reflected data from 2018 and early 2019 and indicated that, even though the share of women in the sector was gradually growing, women still constituted only 25 to 27 percent of the national oil and gas industry workforce.

e. Acceptable Conditions of Work

The country’s annual budget establishes a government-mandated national minimum wage, which is above the poverty level. Some shadow employees received wages below the established minimum.

The labor law provides for a maximum 40-hour workweek, with a minimum 42-hour period of rest per week and at least 24 days of paid vacation per year. It provides for double pay for overtime work and regulates the number of overtime hours allowed. The law requires agreement between employers and local trade union organization on overtime work and limits overtime to four hours during two consecutive days and 120 hours per year.

The law requires employers to provide workplace safety standards. Employers must meet occupational safety and health standards, but at times they ignored these regulations due to the lack of enforcement or strict imposition of penalties. The law provides workers the right to remove themselves from dangerous working conditions without jeopardizing their continued employment. Employers in the metal and mining industries often violated the rule and retaliated against workers by pressuring them to quit.

Wage arrears continued to be a major problem. A lack of legal remedies, bureaucratic wrangling, and corruption in public and private enterprises, blocked efforts to recover overdue wages, leading to significant wage theft. Total wage arrears in the country fell during the year through September 1 to 2.8 billion hryvnias ($118 million) from 3.6 billion hryvnia ($152 million) in September 2018. The majority of wage arrears occurred in Luhansk and Donetsk Oblasts. The Independent Trade Union of Miners of Ukraine reported that arrears in the coal sector had reached almost 1.3 billion hryvnias ($55 million) in September, compared with arrears of 930 million hryvnias ($39 million) in September 2018. Arrears and corruption problems exacerbated industrial relations and led to numerous protests.

On September 11, the government adopted Resolution No. 838 On issues of the Ministry of Economy, Trade, and Agriculture. This resolution changed the labor-related authorities of the Ministry of Social Policy and transferred responsibility for employment, labor, and labor migration to the Ministry of Economic Trade, Development, and Agriculture. Moreover, the State Labor Service (Labor Inspectorate) has also been transferred to the Ministry of Economic Trade, Development, and Agriculture.

The government did not always effectively enforce labor law. In 2017 the government adopted a new procedure for state control and supervision of labor law compliance that introduces new forms and rules for oversight of labor law compliance, extends the powers of labor inspectors, amends the procedure for imposing fines for violation of labor law requirements, and introduces specific forms for exercise of control by labor inspectors, namely, inspection visits and remote inspections. The labor inspectorate, however, lacked sufficient funding, technical capacity, and professional staffing to conduct independent inspections effectively.

Labor inspectors may assess compliance based on leads or other information regarding possible unreported employment from public sources. This includes information the service learns concerning potential violations from other state agencies. For example, when tax authorities discover a disparity between a company’s workforce and its production volumes as compared with average data for the industry, they may refer the case to labor authorities who will determine compliance with labor laws.

While performing inspection visits to check potential unreported employment, labor inspectors may enter any workplace without prior notice at any hour of day or night. The law also allows labor inspectors to hold an employer liable for certain types of violations (e.g., unreported employment), empowering them to issue an order to cease the restricted activity. Labor inspectors may also visit an employer to monitor labor law compliance and inform the company and its employees about labor rights and best practices.

In May a court overturned the inspection decree because it found that the Cabinet of Ministers had adopted it in violation of the procedure. The government thereafter adopted a new decree, which once again allowed labor inspectors to carry out labor inspections without notice.

On August 30, Regulation No. 823 of the Cabinet of Ministers (dated August 21, 2019) became effective and brought into force the new Procedure for Exercising State Control over Compliance with Labor Legislation. The procedure expands the list of possible grounds for labor inspections conducted by the State Labor Service, its territorial bodies, and municipalities. It also allows the labor inspector not to report on the inspection visit if there is a suspicion of undeclared work. When inspectors find cases of labor violations, they are authorized to hold the perpetrator liable if there is clear evidence of labor inspection violations.

In September 2018 the Cabinet of Ministers approved a regulation that increased regulatory oversight to monitor and counter “shadow” employment in the informal economy, the widespread practice of paying for labor without an existing employment contract. The regulation compels the State Labor Service, the State Tax Service, the State Pension Fund, and the National Police to review their internal regulations to introduce stricter control measures to combat shadow employment. Agencies are also required to conduct public awareness campaigns to inform employers of the new procedures.

Penalties for violations of workplace safety standards were insufficient to deter violations. The State Labor Inspectorate was responsible for enforcing labor laws. Inspectors were limited in number, funding, and authority to enforce existing regulations. The absence of a coordination mechanism with other government bodies was also significant.

Mineworkers, particularly in the illegal mining sector, faced serious safety and health problems. Operational safety problems and health complaints were common. Lax safety standards and aging equipment caused many injuries on the job.

During the first six months of the year, authorities reported 1,943 individual injuries, including 207 fatalities; 352 injuries to coal miners, including 11 fatalities; 238 injuries in the agro-industrial sector, including 33 fatalities; and 149 injuries in engineering, including nine fatalities.

Despite active fighting close to industrial areas in the government-controlled areas of the Donbas region, enterprises involved in mining, energy, media, retail, clay production, and transportation continued to operate. Fighting resulted in damage to mines and plants through loss of electricity, destroyed transformers, physical damage from shelling, and alleged intentional flooding of mines by combined Russia-led forces. Miners were especially vulnerable, as loss of electrical power could strand them underground. The loss of electrical power also threatened the operability of mine safety equipment that prevented the buildup of explosive gases.

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Crimea

United Kingdom

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 independent unions, bargain collectively, and conduct legal strikes. The government routinely respected these rights. The law prohibits antiunion discrimination and protects employees from unfair dismissal while striking, provided the union has complied with the legal requirements governing such industrial action.

The law allows strikes to proceed only when at least 50 percent of workers who participate in a secret ballot support it. For “important public services,” defined as health services, education for those younger than 17, fire services, transport services, nuclear decommissioning and the management of radioactive waste and spent fuel, and border security, an additional threshold of support by 40 percent of all eligible union members must be met for strike action to be legal.

The law does not cover workers in the armed forces, public sector security services, police forces, and freelance or temporary work. According to the International Trade Union Confederation (ITUC), the right to strike in the UK is “limited” due to prohibitions against political and solidarity strikes, lengthy procedures for calling strikes, and the ability of employers to seek injunctions against unions before a strike has begun if the union does not observe all proper steps in organizing the strike.

The government effectively enforced applicable laws. Remedies were limited in situations where workers faced reprisal for union activity, and the ITUC stated that the law does not provide “adequate means of protection against antiunion discrimination,” and noted that legal protections against unfair labor practices only exist within the framework of organizing a recognition ballot. Penalties range from employers paying compensation to reinstatement and were sufficient to deter violations.

The government and employers routinely respected freedom of association and the right to collective bargaining. Unions and management typically negotiated collective “agreements,” which were less formal and not legally enforceable. The terms of the agreement could, however, be incorporated into an individual work contract with legal standing.

The law does not allow independent trade unions to apply for derecognition of in-house company unions or to protect individual workers seeking to do so.

Various labor NGOs advocated for worker’s rights freely within the UK and acted independently from trade unions. NGOs advocated for improvements in paid family leave, a minimum or living wage, and worker safety among other problems.

According to the ONS, approximately 6.2 million employees were trade union members in 2017. The level of overall union members increased by 19,000 (0.3 percent) from 2016. Membership levels were below the 1979 peak of more than 13 million.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced and compulsory labor, but such practices occurred despite effective government enforcement. Resources and inspections were generally adequate, and penalties were sufficiently stringent compared to other sentences for serious crimes.

The law permits punishment of up to life imprisonment for all trafficking and slavery offenses, including sexual exploitation, labor exploitation, and forced servitude. Firms with a global turnover of 36 million pounds ($45.7 million) that supply goods or services in the UK must by law publish an annual statement setting out what steps they are taking to ensure that slave labor is not being used in their operations and supply chain. Foreign companies and subsidiaries that “carry on a business” in the UK also have to comply with this law. The law allows courts to impose reparation orders on convicted exploiters and prevention orders to ensure that those who pose a risk of committing modern slavery offenses cannot work in relevant fields, such as with children.

Forced labor in the UK involved both foreign and domestic workers, mainly in sectors characterized by low-skilled, low-paid manual labor and heavy use of flexible, temporary workers. Those who experienced forced labor practices tended to be poor, living on insecure and subsistence incomes and in substandard accommodations. Victims of forced labor included men, women, and children. Forced labor was normally more prevalent among the most vulnerable, minorities or socially excluded groups. The majority of victims were British nationals. Albania, Nigeria, Vietnam, Romania, and Poland were the most likely foreign countries of origin. Most migrants entered the UK legally. Many migrants used informal brokers to plan their journey and find work and accommodation in the UK, enabling the brokers to exploit the migrants through high fees and to channel them into forced labor situations. Many with limited English were trapped in poverty through a combination of debts, flexible employment, and constrained opportunities. Migrants were forced to share rooms with strangers in overcrowded houses, and often the work was just sufficient to cover rent and other charges. Sexual exploitation was the most common form of modern slavery reported in the UK, followed by labor exploitation, forced criminal exploitation, and domestic servitude. Migrant workers were subject to forced labor in agriculture (especially in marijuana cultivation), construction, food processing, service industries (especially nail salons), and on fishing boats. Women employed as domestic workers were particularly vulnerable to forced labor.

In Bermuda the Department of Immigration and the Director of Public Prosecutions confirmed there were no cases of forced labor during the year, although historically there were some cases of forced labor, mostly involving migrant men in the construction sector and women in domestic service. Penalties for forced labor were generally adequate to deter violations. The law requires employers to repatriate work-permit holders. Failure to do so had been a migrant complaint. The cases of worker exploitation largely consisted of employers requiring workers to work longer hours or to perform work outside the scope of their work permit. The government effectively enforced the law.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does prohibit all of the worst forms of child labor. UK law prohibits the employment of children younger than 13 with exceptions for sports, modeling, and paid performances, which may require a child performance license. The law prohibits those younger than 16 from working in an industrial enterprise, including transportation or street trading. Children’s work hours are strictly limited and may not interfere with school attendance. Different legislation governs the employment of persons younger than 16, and, while some laws are common across the UK, local bylaws vary. If local bylaws so require, children between the ages of 13 and 16 must apply for a work permit from a local authority. The local authority’s education and welfare services have primary responsibility for oversight and enforcement of the permits.

The Department for Education has primary regulatory responsibility for child labor, although local authorities generally handled enforcement. Penalties were sufficient to deter violations.

In Bermuda children younger than 13 may perform light work of an agricultural, horticultural, or domestic character if the parent or guardian is the employer. Schoolchildren may not work during school hours or more than two hours on school days. No child younger than 15 may work in any industrial undertaking, other than light work, or on any vessel, other than a vessel where only family members work. Children younger than 18 may not work at night, except that those ages 16 to 18 may work until midnight; employers must arrange for safe transport home for girls between ages 16 and 18 working until midnight. Penalties were sufficient to deter violations. The BPS reported no cases of child labor or exploitation of children during the year.

The government of Saint Helena, Ascension, and Tristan da Cunha passed a bill to restrict child labor and improved services for vulnerable children. The governments of Anguilla, the British Virgin Islands, the Falkland Islands (Islas Malvinas), Montserrat, and St. Helena-Ascension-Tristan da Cunha have not developed a list of hazardous occupations prohibited for children. On Anguilla the minimum age for labor is 12 and for hazardous work 14.

There are legislative gaps in the prohibition of trafficking in children for labor exploitation and the use of children for commercial sexual exploitation on the Falkland Islands (Islas Malvinas) and St. Helena-Ascension-Tristan da Cunha. While criminal laws prohibit trafficking in children for sexual exploitation, they do not address trafficking in children for labor exploitation. Laws do not exist in Monserrat regarding the use of children in drug trafficking and other illicit activities. Traffickers subjected children to commercial sexual exploitation in Turks and Caicos. The government did not effectively enforce the law, and penalties are not sufficient to deter violations.

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 UK territories.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment or occupation regarding race, color, sex, religion or belief, political opinion, national origin or citizenship, social origin, disability, sexual orientation, gender identity or reassignment, marriage and civil partnership, being pregnant or on maternity leave, age, language, or HIV or other communicable disease status. Legal protection extends to others who are associated with someone who has a protected characteristic or who have complained about discrimination or supported someone else’s claim. The government effectively enforced these laws and regulations.

Discrimination in employment and occupation occurred with respect to race, gender, and sexual orientation and gender identity. Complainants faced higher fees in discrimination cases than in other types of claims made to employment tribunals or the Employment Appeals Tribunal.

The law requires equal pay for equal work. The law requires employers to publish gender pay gap data annually. The government enacted mandatory gender pay reporting, aimed at closing the gender pay gap, a separate concept from the equal pay principle. Businesses with more than 250 employees are required to measure, and then report, on how they pay men and women. This affected 8,000 businesses employing approximately 11 million persons. The gap has narrowed over the long term for low earners but has remained largely consistent over time for high earners. The Equality and Human Rights Commission is charged with enforcing pay gap reporting requirements.

The finance sector has the highest pay gap of all sectors, with the average woman earning 35.6 percent less than the average man.

In Northern Ireland all employers have a responsibility to provide equal opportunity for all applicants and employees. Discrimination based on religion or political affiliation is illegal. Employers must register with the Northern Ireland Equality Commission if they employ more than 10 persons. Registered employers are required to submit annual reports to the Commission on the religious composition of their workforce.

The Scottish government introduced a plan in March 2019 to address the gender pay gap. This plan set a goal of reducing the gender pay gap by 2021 and includes 50 actions to provide resources and support for working women and mothers. The pay gap in Scotland also decreased from 6.6 percent in 2017 to 5.7 percent in 2018.

During the year the Glasgow City Council settled a 12-year equal pay dispute with thousands of female council workers. The settlement followed a strike of more than 8,000 current and former employees in Glasgow.

e. Acceptable Conditions of Work

The minimum wage for workers age 25 or older, known as the National Living Wage, is above the poverty level.

Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement. Penalties were generally sufficient to deter violations.

The law limits the workweek to an average of 48 hours, normally averaged over a 17-week period. The law does not prohibit compulsory overtime, but it limits overtime to the 48-hour workweek restriction. The 48-hour workweek regulations do not apply to senior managers and others who can exercise control over their own hours of work. There are also exceptions for the armed forces, emergency services, police, domestic workers, sea and air transportation workers, and fishermen. The law allows workers to opt out of the 48-hour limit, although there are exceptions for airline staff, delivery drivers, security guards, and workers on ships or boats.

The government set appropriate and current occupational safety and health standards. The law stipulates that employers may not place the health and safety of employees at risk. The Health and Safety Executive (HSE) is responsible for identifying unsafe situations, and not the worker. By law 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 HSE, an arm of the Department for Work and Pensions, effectively enforced occupational health and safety laws in all sectors including the informal economy. The fine for violations was sufficient to deter violations. The HSE conducted workplace inspections and may initiate criminal proceedings. HSE inspectors also advise employers on how to comply with the law. Employers may be ordered to make improvements, either through an improvement notice, which allows time for the recipient to comply, or a prohibition notice, which prohibits an activity until remedial action has been taken. The HSE issued notices to companies and individuals for breaches of health and safety law. The notice may involve one or more instances when the recipient failed to comply with health and safety law, each of which was called a “breach.” The HSE prosecuted recipients for noncompliance with a notice while the Crown Office and Procurator Fiscal Service (COPFS) prosecuted similar cases in Scotland.

Figures for 2017-18 show that the HSE and COPFS prosecuted 517 cases with at least one conviction secured in 493 of these cases, a conviction rate of 95 percent. Across all enforcing bodies, 11,522 notices were issued. HSE and COPFS prosecutions led to fines totaling 72.6 million pounds ($92.2 million) compared with the 38.3 million pounds ($48.7 million) in 2015-16.

According to the HSE’s annual report, 147 workers were killed at work in 2017-18. An estimated 555,000 workers sustained a nonfatal injury at work according to self-reports in 2017-18. A total of 71,062 industrial injuries were reported in 2017-18 in the UK.

Bermuda’s legislation does not provide a minimum or living wage; however, in July the Bermuda government introduced a Wage Commission tasked with gathering information to establish new guidelines. The proposal to introduce a living wage was introduced in the House of Assembly in July 2018 to ensure all workers could afford food, housing, clothes, medical care, and education. The Bermuda Department of Labor and Training enforces any contractually agreed wage. Regulations enforced by the department extensively cover the safety of the work environment and occupational safety and health standards and are current and appropriate for the main industries. By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment. Penalties were sufficient to deter violations.