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 were not commensurate to those under other laws related to the denial of civil rights. 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.

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties for violations were commensurate to those for other serious crimes but were seldom enforced. Some law enforcement organizations and the victim advocates at the prosecutors’ offices received training in a victim-centered approach to victims of human trafficking. The government continued to identify victims of forced labor and prosecuted and convicted a small number of traffickers.

The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c. for cases involving children in forced labor in the informal sector.

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

The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and 30 hours per week when school is not in session. Children who are 16 or 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Finance and Economy, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.

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. There were isolated reports of children subjected to forced labor in cannabis fields in 2019. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas.

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

In 2013, the most recent year for which statistics were available, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.

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 commensurate with those for other serious crimes. As of July, SILSS reported 101 children under the age of 18 registered to work, 88 percent of whom were in manufacturing enterprises.

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

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

Labor laws prohibit employment discrimination 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 for violations were not commensurate with those under other laws related to denials of civil rights. The commissioner for protection from discrimination reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

There are laws prohibiting women from engaging in work that requires lifting more than 20 kilograms.

e. Acceptable Conditions of Work

The national minimum wage was higher than the national poverty threshold. 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 work week, individual or collective agreements typically set the actual work week. 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 56 percent of the economy, according to the International Labor Organization’s 2019 Overview of the Informal Economy in Albania.

SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Violations of wage and occupational safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties were not commensurate to those of other similar crimes. Law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators. The number of inspectors was insufficient to enforce compliance. Inspectors did have the authority to make unannounced inspections and initiate sanctions.

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. Through October there were 137 major industrial accidents that caused death or serious injury to workers.

The constitution allows workers to join and form unions of their choice, provided they are citizens. The country has ratified the International Labor Organization’s (ILO) conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully.

The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To form a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of employers’ antiunion practices.

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

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

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

The government affirmed there were 91 registered trade unions and 47 employers’ organizations, the same number as reported in 2019. The government registered 11 new trade unions between January and September. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles as the primary obstacles to establishing legal status. The ILO Committee of Experts on the Application of Conventions and Recommendations reiterated in 2017 that the lengthy registration process seriously impedes the establishment of new unions.

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

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country. In December 2019 authorities shut down CGATA’s offices and authorities arrested and jailed an executive member of CGATA, Kaddour Chouicha. The International Trade Union Confederation (ITUC) called for Chouicha’s immediate release, and described his arrest as “a flagrant violation of Algeria’s obligations to respect freedom of association,” and “a deeply troubling indictment of those in power.”

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

On August 11, Numilog company, a subsidiary of Cevital, laid off 196 workers at its facility in Bejaia. The workers were the target of dismissal decisions following a series of cyclical three-day strikes during which they demanded the right to join a trade union.

The law prohibits all forms of forced or compulsory labor. NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, female migrants were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and forced prostitution. Designated penalties under this statute were not commensurate with penalties for kidnapping. Construction workers and domestic workers were reportedly vulnerable. The government did not effectively enforce the law.

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

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

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

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and, in some cases, investigated companies suspected of hiring underage workers. The ministry’s Labor Inspector Service in 2019 conducted 124,698 inspections and reported 10 children were found working illegally. The Ministry of Labor attributed the low figure to the fact that most children work in the informal economy, and inspections are limited to registered businesses. The law for the protection of the child criminalizes anyone who economically exploits a child, but the penalties are neither sufficiently stringent nor commensurate with those prescribed for other serious crimes. Monitoring and enforcement practices for child labor were ineffective and hampered by an insufficient number of inspectors to examine the formal and informal economy.

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

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

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

Few businesses abided by the law requiring that they reserve 1 percent of jobs for persons with disabilities. NGOs reported that the government did not enforce payment of fines for failing to abide by the law. The government usually highlights its efforts in March to coincide with the National Day of the Disabled. The ministry, however, reported it had increased efforts to enforce the 1-percent quota during the year. From January 2019 to September 2019, the Ministry of Labor audited 160,218 organizations and found that 2,389 companies did not respect the 1-percent quota.

The law does not explicitly prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions. Particularly vulnerable were women, girls, and young men from sub-Saharan Africa who were lured into the country to accept jobs in restaurants and hair salons, but were forced to work in prostitution or engage in other forced labor conditions. The recent roundups and expulsions mark the sharpest spike in these operations since the start of the pandemic in March.

On August 9, President Tebboune directed authorities to monitor and assess foreign traders and their activities, specifically targeting refugees’ activities.

Men held a large percentage of positions of authority in government and the private sector. NGOs reported instances in which unaccompanied migrant female youth were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes or exploited as prostitutes.

e. Acceptable Conditions of Work

A tripartite social pact among business, government, and the official union established a national, monthly minimum wage which is above the poverty income level. In June President Tebboune directed the Ministry of Labor to increase minimum wage from 18,000 to 20,000 Algerian dinars ($140-$155) per month. He also eliminated tax obligations for low-income workers.

The standard workweek was 40 hours, including one hour for lunch per day. Half of the lunch hour is considered compensated working time. Employees who worked longer than the standard workweek received premium pay on a sliding scale from time-and-a-half to double time, depending on whether the overtime occurred on a normal workday, a weekend, or a holiday.

The law contains occupational health and safety standards that were not fully enforced. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may renegotiate their contract or, failing that, resort to the courts. While this legal mechanism exists, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. Labor standards do not formally allow refugee employment or adequately cover migrant laborers; therefore, many economic migrants from sub-Saharan Africa and elsewhere who worked in the informal sector, primarily in construction and as domestic workers, were at risk of labor exploitation due to their lack of legal status.

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

On March 22, the government placed 50 percent of its civil servants and private workers on mandatory leave, with full compensation, in accordance with COVID-19 lockdown measures.

The government prioritized pregnant women and women raising children, as well as individuals with chronic illnesses and those with health vulnerabilities, for exceptional leave. On March 24, authorities extended exceptional leave to the private sector.

On August 2, the government enacted a law intended to protect health-care workers following an increase in “physical and verbal attacks” during the COVID-19 pandemic. The law also sanctions acts of violence against public assets and medical equipment, with the maximum penalty of life imprisonment.

The law provides for the right of workers, except members of the armed forces, police, firefighters, members of sovereign bodies, and public prosecutors to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector. The law does not explicitly prohibit employer interference with union activity.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must negotiate with their employer for at least 20 days prior to a work stoppage. Should they fail to negotiate, the government may deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Labor and Social Security. The law prohibits employer retribution against strikers, but it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. The Ministry of Public Administration, Labor and Social Security had a hotline and two service centers in Luanda for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities.

During the year there were several strikes in the public and private sector over disputes between employers and workers. There were also allegations of retribution against strikers during the year.

In June, three taxi unions agreed to strike and refused to circulate in the municipality of Cacuaco in Luanda province citing lack of designated stopping areas and poor road maintenance. The governor of Luanda, Joana Lina, demanded that the strike be lifted and gave the unions four days to resolve the situation.

The government generally did not effectively enforce applicable labor laws. Labor courts functioned but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the law and labor contracts, which are commensurate with those for other laws involving denials of civil rights, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA party continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Labor and Social Security mandated government worker wages with no negotiation with the unions.

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

Forced labor of men and women occurred in fisheries, agriculture, construction, domestic service, and artisanal diamond-mining sectors, particularly in Lunda Norte and Lunda Sul provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. Forced child labor occurred (see section 7.c).

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

The law prohibits children younger than 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 or older. Children can work from age 14 to age 16 with parental permission, or without parental consent if they are married, and the work does not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Labor and Social Security; the Ministry of Social Assistance, Families, and Women’s Promotion; the Ministry of Interior; the Ministry of Labor; INAC; and the national police are the entities responsible for enforcement of child labor laws.

The Ministry of Public Administration, Labor and Social Security continued to implement its National Action Plan for the Eradication of Child Labor for 2018-22, which aims to identify the most prevalent areas and types of child labor and to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. The government did not effectively monitor the large informal sector, where most child labor occurred.

Penalties were commensurate with those for other analogous serious crimes. The government did not consistently enforce the law, and child labor, especially in the informal sector, remained a problem. Through March, INAC registered 573 cases of hazardous child labor on farms involving the handling of chemicals, stones, and bricks and reported the cases to law enforcement. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known whether the government fined any businesses for using child labor.

Child labor occurred in agriculture on family and commercial farms as well as in fishing, brick making, artisanal diamond mining, charcoal production, domestic labor, construction, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were forced to work as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths younger than 12 from being tried in court.

Street work by children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well (see section 6).

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

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

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

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The International Labor Organization noted the law did not clearly define discrimination, however. The constitution prohibits all forms of discrimination, although it does not specifically address HIV/AIDS status, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, but gender pay disparities in the country still exist. There were legal restrictions on women’s employment in occupations considered dangerous, in factories, and in industries such as mining, agriculture, and energy. Women held ministerial posts.

The government did not effectively enforce the law, although penalties, when applied, were commensurate with those for other laws related to civil rights. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. Persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. Reports during the year indicated that persons with albinism also experienced discrimination in employment and access to public services. In the past, there have also been complaints of discrimination against foreign workers. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns about the wide disparities of minimum wage by sector and the possibility this may undervalue work in female-dominated sectors. The lowest minimum wage was for agricultural work and was set below the UN Development Program’s official line of poverty. The minimum wage for the formal sector may be updated annually or when the government assesses economic conditions warrant. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a bonus amounting to 50 percent of monthly salary to employees each year in December and an annual vacation. The law did not cover domestic workers, but a 2016 presidential decree extended some protections and enforcement standards to domestic workers. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Labor and Social Security. The law protected foreign workers with permanent legal status or a temporary work visa.

The government effectively enforced the minimum wage law within the formal labor sector, and penalties were commensurate with those for similar infractions. Most workers in the informal sector were not covered by wage or occupational safety standards. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes.

The Ministry of Public Administration, Labor and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Inspectors have the authority to conduct unannounced inspections and initiate sanctions but some companies received advance warning of impending labor inspections.

Occupational safety and health standards are required for all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions without jeopardy to their employment. The government did not always proactively enforce occupational safety and health standards nor investigate private company operations unless complaints were made by NGOs and labor unions. Inspections were reduced due to the COVID-19 pandemic. In 2019 there were 241 major industrial accidents that caused the death or serious injury of workers.

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.

Turkish Cypriot Public Sector Workers Union (KTAMS) reported that 35 percent of the public sector and 0.5 percent of the private sector workers are members of labor unions. Police and members of other Turkish Cypriot security forces cannot join unions.

Labor authorities did not effectively enforce the “law.” Penalties for employers convicted of violating the “law” were not commensurate with those for violating other “laws” involving the denial of civil rights and were sporadically enforced.

In March the DEV-IS labor union began an indefinite strike for their members employed at the Buyukkonuk municipality. The union claimed their members had not received their salaries since November and their customary 13th month bonus from 2019. On the eighth day of the strike, the “council of ministers” banned the strike on the grounds that “it prevented the provision of essential services.” Union members employed at the municipality then began a work slowdown. Police launched an investigation on the grounds that they did not comply with the “council of ministers’” decision. In April, DEV-IS members and the “mayor” of Buyukkonuk were invited to the “ministry of interior” to sign an agreement that included the payment of December and January salaries, and the payment of the 13th month bonus in installments. The union reported the 13th month bonus has not been paid, but all other salaries were paid with a one month delay.

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.

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 commensurate with those for other serious crimes.

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/.

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.

Authorities reported they received three complaints to the child labor hotline during the reporting period: two children working at construction sites and one at a market.

The “ministry of labor and social security” is responsible for enforcing child labor “laws” and policies. Resources and inspections were not sufficient and penalties for violations were not commensurate with those of other serious crimes.

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.

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” and penalties for violations were not commensurate with those for violating other “laws” related to civil rights. Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender.

Authorities reported there were more than 49,495 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 commensurate with those for other similar crimes.

According to the “statistics department,” the poverty threshold was estimated at 3,769 Turkish lira ($450) per month.

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 could conduct unannounced inspections or initiate sanctions, but according to unions and associations, inspections were not adequately carried out. 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. Authorities reported there were 179 major industrial accidents occurred during the year that caused two deaths. “Authorities” also reported they provided eight persons with pensions (based on their) incapacity to work.

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Republic of Cyprus

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

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

The Argentine Workers’ Central Union and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely International Labor Organization (ILO) Convention No. 87, and prevented these unions from obtaining full legal standing. A September 3 Supreme Court ruling upheld the constitutionality of the law.

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

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

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

Despite these mechanisms, forced labor, including forced child labor, occurred. The Ministry of Labor carried out regular inspections across the country. Efforts to hold perpetrators accountable continued. The National Registry for Rural Workers and Employers reported 28 forced labor complaints during the first half of the year, 12 of which were under investigation by the Special Prosecutors’ Office for Human Trafficking and Exploitation.

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

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

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

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

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. In August the Ministry of Labor presented a National Program to Build Capacity of Provincial Committees for the Eradication of Child Labor, with the goal of improving national-provincial coordination.

Children were engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, including forced labor in domestic servitude, agriculture, and production of garments, and illicit activities such as the transport and sale of drugs. The government published the final report from its 2016-17 national child labor survey in 2018. The National Survey on Children and Youth Activities found 19.8 percent of children in rural areas performed at least one form of labor, while 8.4 percent of children in urban areas did so.

Similar patterns emerged with adolescents, which the report defined as children 16 and 17 years old. The report found 43.5 percent of adolescents in rural areas and 29.9 percent in urban areas engaged in at least one form of labor. Principal activities were helping in a business or office; repair or construction of homes; cutting lawns or pruning trees; caring for children, the elderly, or the infirm; helping in a workshop; making bread, sweets, or other food for sale; gathering paper, boxes, cans, and other recyclables in the street; handing out flyers or promotional materials for a business; cleaning homes and businesses or washing and ironing clothes for others; and cultivating or harvesting agricultural products.

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

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

Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination. Women held a disproportionately high proportion of low paying, informal jobs and significantly fewer executive positions in the private sector than men, according to several studies. Although equal pay for equal work is constitutionally mandated, women earned approximately 25 percent less than men earned for equal or similar work.

e. Acceptable Conditions of Work

The minimum wage remained below the official poverty income level for a family of four, despite a 35-percent increase announced in October 2019. Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive.

Federal law sets standards in workhours and occupational safety and health. The maximum workday is eight hours, and the maximum workweek is 48 hours. Overtime pay is required for hours worked in excess of these limits. The law prohibits excessive overtime and defines permissible levels of overtime as three hours a day. Labor law mandates between 14 and 35 days of paid vacation, depending on the length of the worker’s service.

The law sets premium pay for overtime, adding an extra 50 percent of the hourly rate on ordinary days and 100 percent on Saturday afternoons, Sundays, and holidays. Employees cannot be forced to work overtime unless work stoppage would risk or cause injury, the need for overtime is caused by an act of God, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur.

The Ministry of Labor has responsibility for enforcing legislation related to working conditions. The government sets occupational safety and health (OSH) standards, which were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. The law limits the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector (approximately 35 percent of the labor force). The Ministry of Labor continued inspections to ensure companies’ workers were registered and formally employed. Inspectors had the authority to make unannounced inspections and to initiate sanctions. The ministry conducted inspections in various provinces, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with OSH laws and the activities of the labor risk insurance companies.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances. Through September the Ministry of Labor reported receipt of 81,000 occupational safety complaints related to COVID-19, especially in the health sector. As a result, the sector surpassed the traditionally more dangerous manufacturing and mining sectors in the number of complaints received.

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.

During the year the Health and Labor Inspection Body (HLIB) began exercising its authority to conduct preplanned inspections in four areas under its mandate: sanitary-epidemiological safety, health care and services, pharmaceuticals, as well as the worker occupational safety and health and protection of the labor rights of minors sections of the labor code. The HLIB conducted 27 inspections in the mining sector. Penalties for violations were commensurate with those for other denials of civil rights. In December 2019 the National Assembly adopted changes to the labor code reviving the state oversight function of the HLIB over the full scope of labor legislation, to come into effect in July 2021.

In July the government approved the hiring of an additional 80 inspectors to start in April 2021. Of the total 340 staff, plans call for 84 to carry out inspections pertaining to the labor code starting in July 2021.

In response to the COVID-19 pandemic, on April 29, the National Assembly amended the labor code to allow the HLIB to carry out full oversight of the labor code during the prevention or elimination of natural disasters, technological accidents, epidemics, accidents, fires and other emergencies. The amendments also provide other protections of worker rights, including regulations covering telework and related wage issues. These changes, as well as amendments to HLIB bylaws from July 3, allowed the HLIB to act upon labor law violations based on written complaints.

During the COVID-19 state of emergency, the HLIB and other state inspection bodies were tasked with carrying out numerous daily inspections to ensure compliance with regulations to prevent disease transmission. All such inspections were related to the enforcement of the health and safety of the employees as mandated by the warden’s office; however, inspectors acted on labor code violations if any were uncovered during the COVID-19 visits.

Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions; however, the HLIB acted to strengthen labor unions by promoting a stronger labor union inside its structure. Experts reported that the right to strike, although provided in the constitution, was difficult to realize due to mediation and voting requirements.

The law prohibits and criminalizes all forms of forced and compulsory labor, although it does not define forced labor. The government did not effectively enforce the law. Prosecutions were not proactive and heavily relied on victim self-identification; the most recent labor-trafficking conviction was in 2014. Resources, inspections, and remediation were inadequate to identify forced labor cases at large due to the lack of an effective labor inspection mechanism. Penalties for labor-trafficking violations were commensurate with those for other serious crimes but were seldom applied.

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

The law prohibits all of the worst forms of child labor. In most cases the minimum age for employment is 16, but children may work from age 14 with permission of a parent or a guardian. The law allows children younger than 14 to work in the entertainment sector. The maximum duration of the workweek is 24 hours for children who are 14 to 16 and 36 hours for children who are 16 to 18. Persons younger than 18 may not work overtime; in harmful, strenuous, or dangerous conditions; at night; or on holidays. Authorities did not effectively enforce applicable laws. Penalties for violations were commensurate with those for other serious crimes but were not sufficient to compel compliance. The absence of unannounced inspections impeded the enforcement of child labor laws. During the year the HLIB examined several cases of child labor and issued a fine in one case of a minor younger than 14 working in a bakery.

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

The constitution and the labor code prohibit discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce applicable laws, and there were no effective legal mechanisms to implement applicable regulations. Discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no statistics on the scale of such discrimination. Administrative penalties for violations were not commensurate with those for violations of other similar laws involving the denial of civil rights.

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. The International Monetary Fund cited the gender pay gap in the country as being strikingly large. Statistics indicate that women faced a wage gap of more than 30 percent compared to men. According to a 2019 Asian Development Bank report, the labor force participation rate was lower for women than men, and women were more likely to work in part-time positions. The report also stated that occupational stereotypes limited women’s choices, and more than 60 percent of women worked in just three sectors: agriculture, education, and health. Women were underrepresented in management positions, and only one in five small or medium-sized enterprises had a female owner.

Many employers reportedly practiced discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate the problem. While there was little awareness of and no comprehensive reporting to indicate the scale of sexual harassment in the workplace, media reports suggested such abuse was common. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, and pregnant women also faced discrimination in employment. Religious minorities reportedly faced discrimination in public employment.

e. Acceptable Conditions of Work

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

Authorities did not effectively enforce labor standards in either the formal or informal sectors, and penalties for violations of wage, hour, and occupational safety and health standards were not commensurate with those for other similar crimes. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspectorate and lack of independent trade unions. Nonetheless, according to the HLIB, the fact that many of the labor-related complaints received since July were resolved by employers without waiting for HLIB’s ruling attested to some improvement in the area, as well as to HLIB’s existence serving as deterrent against violations. While administrative courts have a mandate to rule on labor-related cases within three months, few employees applied to the courts to reinstate their rights due to legal costs, the complexity of the application process, and distrust of the judiciary. It was unclear if the overloaded courts were able to meet the legally required three-month window for resolving those labor disputes that were submitted to them.

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. Employers often 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, only 48 percent of those employed by small businesses had contracts. The survey also revealed problems involving the inability of workers 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. A 2019 World Bank report found that approximately 13 percent of the country’s wage employees did not have a written contract and did not have access to any form of benefits related to paid leave, childcare, or sick leave. The agricultural orientation of the country’s economy tended to drive informal employment. According to official statistics, the government’s anticorruption efforts and active efforts by the tax authorities led to a notable increase in the number of officially registered employees in the country. The COVID-19 pandemic spotlighted the issue of informal employment. The government offered benefits to registered workers or those who had lost their work due to pandemic; unregistered or self-employed workers received much lower benefits. The government admitted there was a problem identifying informal employees and the self-employed due to the absence of a universal income declaration system and ultimately decided to provide assistance to families based on indicators, such as the presence of underage children or situations where both parents did not have formal employment before the pandemic. Some of those who lost their livelihoods, however, were not captured by any of the additional assistance programs.

On September 14, Hetq.am reported that trial court judge Tatevik Stepanyan ruled to satisfy the claim of about 100 current employees of Rusal Armenia CJSC, one of the country’s largest industrial enterprises, and to grant them 717 million drams (about $1.5 million) for unpaid overtime accrued from 2007 to 2019. The lawyer representing the employees said that they worked 12-hour days every day with only a 57-minute break during that period.

On September 15, Hetq.am published the story of electrician Vachagan Nalbandyan, who suffered grave injuries on the job after falling 26 feet from an electrical tower and being hit by a crane that subsequently fell on him. According to the report, his employer (T-Construction CJSC, which belongs to Tashir Capital group owned by Russia-based Samvel Karapetyan and family) refused to pay for the urgent surgeries Nalbandyan needed, claiming they were awaiting an expert assessment and had no responsibility for the crane, which was owned by another person.

Safety and health conditions remained substandard in numerous sectors. According to a January 17 Hetq.am report, there were 39 fatal workplace accidents from 2017 to 2019. According to the report, the greatest number of workplace accidents occurred in open-pit mines in the Syunik region, followed by accidents in the processing industry. 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.

Due to limitations on HLIB’s authority and a still limited number of inspectors, inspection efforts remained insufficient to enforce compliance. Inspectors did not have the authority to make unannounced inspections.

On June 22, the Ombudsman’s Office released a brief on the nature of labor violation complaints it received in 2019. Reported problems included employers failing to pay what they owe to terminated employees; unjustified dismissals from work; violations of disciplinary action procedures vis-a-vis employees; retaining unjustified amounts of money from the workers’ salaries; and transferring workers to other jobs without their consent. The Ombudsman’s Office also identified widespread and systemic violations such as an absence of signed contracts, forcing employers to submit resignation letters, and failure to pay for overtime work. Helsinki Citizens Assembly Vanadzor NGO, in a report released on June 24, reported similar problems based on its monitoring of the labor rights situation in 2019.

The outbreak of COVID-19 caused many businesses to close in April, with some gradually reopening beginning in early May. Health, safety, and epidemiological oversight covered both employees and patrons of Armenian businesses. Inspectors shut down numerous businesses for periods of several days for failing to comply with antiepidemic regulations.

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

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee or enabling an employee or employer to “opt out” of coverage of the agreement. Furthermore, the law prohibits multi-enterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multi-enterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission looks at factors including the terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation, known as “protected action.” Protected action provides employers, employees, and unions with legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of an agreement and prohibits sympathy strikes. The law permits the government to stop strikes judged to have caused “significant economic harm” to the employer or third parties. Some jurisdictions have further restrictions. For example, in New South Wales, the state government may cancel a union’s registration if the government proclaims a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

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

Unions reported concerns that the scope of collective bargaining had narrowed in recent years, including through decisions by the Fair Work Commission, which also affected the right to strike.

The law prohibits all forms of forced or compulsory labor, including by migrant workers. Penalties were commensurate with those for analogous serious crimes, such as kidnapping. Since 2019, companies of a certain size must file annual statements identifying risks for modern slavery in their supply chains and efforts to address those risks.

The government effectively enforced applicable labor laws. Most forced labor cases were addressed through civil law, resulting in convicted labor traffickers receiving only fines and other civil penalties that were not commensurate with those for analogous serious crimes, such as kidnapping.

Some foreign nationals who came to the country for temporary work were subjected to forced labor in sectors such as agriculture, cleaning, construction, hospitality, and domestic service.

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

Not all of the worst forms of child labor are prohibited. As noted by the International Labor Organization, no law prohibits the use, procuring, or offering of a child younger than age 18 for certain illicit activities, in particular for the production and trafficking of drugs, in the Northern Territory.

There is no federally mandated minimum age of employment. In Victoria, the minimum age of employment is 15. States and territories have established 18 years as the minimum age for hazardous work.

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

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

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

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

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

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

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

In 2017-18, the latest year for which such data were available, approximately 30 percent of the complaints about disability discrimination received by the Human Rights Commission were in the area of employment.

e. Acceptable Conditions of Work

For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income.

By law maximum weekly hours are 38 plus “reasonable” additional hours, which, by law, must take into account factors such as an employee’s health, family responsibilities, ability to claim overtime, pattern of hours in the industry, and amount of notice given. An employee may refuse to work overtime if the request is “unreasonable.”

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. By law both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The Office of the Fair Work Ombudsman provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsman also has authority to prosecute employers who do not meet their obligations to workers. Ombudsman inspectors may enter work sites unannounced if they reasonably believe it is necessary to ensure compliance with the law. The number of ombudsman inspectors was sufficient to enforce compliance and penalties were commensurate with those for crimes like negligence. Inspectors can order employers to compensate employees and sometimes assess fines. There were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns.

Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts. Temporary workers include both part-time and casual employees. Part-time employees have set hours and the same entitlements as full-time employees. Casual employees are employed on a daily or hourly wage basis. They do not receive paid annual or sick leave, but the law mandates they receive additional pay to compensate for this, which employers generally respected. Migrant worker visas require that employers respect employer contributions to retirement funds and provide bonds to cover health insurance, worker’s compensation insurance, unemployment insurance, and other benefits.

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the 2018 Fair Work Ombudsman’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the ombudsman continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas.

Safe Work Australia, the government agency responsible for developing and coordinating national workplace health and safety policy, cited a preliminary estimate that, in the year to November 5, 140 workers died while working. Of these fatalities, 44 were in the transport, postal, and warehousing sectors; 27 in the agriculture, forestry, and fishing sectors; and 27 in construction.

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, and were commensurate with those under other laws involving denials of civil rights. Administrative, registration, and judicial procedures were not overly lengthy.

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

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

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

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

The law prohibits all 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 age 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but they are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for children, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

The labor inspectorate of the Ministry of Labor, Family, and Youth 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 commensurate with those for other analogous crimes.

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 commensurate with laws relating to civil rights.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. 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. Persons with disabilities had difficulty accessing the workplace. 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 establish 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. A law that entered into force in 2019 allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked must not exceed an average of 48 hours per week over a period of 17 weeks. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. 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. Penalties were commensurate with other similar crimes.

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. Inspectors have the authority to make unannounced inspections and initiate sanctions. Resources and remediation remained adequate. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code. Penalties are commensurate with those for other crimes, such as negligence.

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, risk assessment, and 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. In 2018 a total of 148 workers died in industrial accidents.

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.

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 convicted of disrupting public transportation, however, may be sentenced to up to three years in prison. No strikes occurred during the year.

The government did not effectively enforce laws related to freedom of association and collective bargaining. Penalties for violations were not commensurate with those under other laws involving denial of civil rights. Administrative and judicial procedures were subject to lengthy delays and appeals. There were some additional restrictions, 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 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 in the oil and gas sector supersede domestic law and often do not include provisions 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 worker pay but did not deposit the dues in union accounts. 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.

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 commensurate with those for other analogous crimes. The government did not effectively enforce applicable law. Resources and inspections were inadequate, due in part to a moratorium on all routine and unannounced labor inspections. The government worked with the International Finance Corporation on a project to reform the state inspection system.

Broad provisions in the law 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.

Foreign observers made several visits to various regions of the country to observe the 2019 cotton harvest, including the Sabirabad, Saatli, Imishli, Beylagan, Agjabadi, Barda, and other districts located between Baku and the city of Ganja. No cases of forced labor were observed during the harvest.

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

In most cases the law permits children to work from age 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 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 may have prevented effective enforcement of child labor law. Resources and inspections were inadequate to enforce compliance, and penalties for violations were not commensurate with those for other analogous serious crimes. Although the Ministry of Labor and Social Protection could receive and respond to complaints, its response did not include worksite inspections. Instead, the State Labor Inspection Service within the Ministry of Labor and Social Protection investigated complaints by requesting information from the employer in question. Inspectors identified violations and imposed appropriate penalties based on the information they received.

On July 22, the president approved the National Action Plan for 2020-2024 on Combating Trafficking in Human Beings in the Republic of Azerbaijan. The plan tasked the relevant government bodies to continue efforts to: identify victims of human trafficking and forced labor, including children; carry out special work with children engaged in begging; develop general standards of communication with child victims or potential victims of human trafficking; conduct training on the identification and protection of child victims or potential victims of human trafficking; and conduct awareness-raising work with entrepreneurs and employers in order to prevent the exploitation of child labor.

There is no legal employment of children younger than age 15 in the country, and authorities reported no instances of investigated child labor in legal sectors of the economy. There were reports of children engaging in child labor, including commercial sexual exploitation, forced begging, and agriculture. During visits to observe the 2019 cotton harvest, foreign observers did not note any instances of child labor. Some nongovernmental observers, however, reported instances of rural children younger than 15 sometimes working on the family farm or accompanying parents working as day laborers to agricultural fields.

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 .

The law prohibits discrimination with respect to employment and occupation, but the government did not always enforce the law effectively. Legal penalties for discrimination in employment existed under various articles and laws but were patchwork in nature and not commensurate with those under other laws related to civil rights. The law excludes women from 678 occupations in 38 industries that are framed as inherently dangerous jobs. Many of these positions were higher ranked and better paid than positions that women were 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 2019 the average monthly salary for women was 58 percent of the average monthly salary for men. According to gender experts, gender-based harassment in the workplace was a problem.

e. Acceptable Conditions of Work

The national minimum wage was higher than the poverty income level (minimum living standard). 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 not commensurate with those for similar crimes.

In 2017 the government extended its moratorium on scheduled and unannounced labor inspections through 2020. Although inspectors were permitted to request information from employers and relevant employees in order to investigate complaints, complaint response did not include worksite inspections. The Ministry of Labor and Social Protection reported that it investigated 8,512 complaints during the year.

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 are known to ignore them. Violations of acceptable conditions of work in the construction and oil and gas sectors remained problematic. A local NGO reported that oil workers were forced to work lengthy shifts at sea because of COVID-19 restrictions.

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 labor law, noting they were unable to receive overtime payments or vacations.

According to official statistics, 48 workers died on the job during the year, including three in the oil and gas sector.

The constitution and labor code recognize the right to form and join independent trade unions and the right to strike, with significant restrictions. The law does not provide for the right to collective bargaining.

The law prohibits trade unions in the public sector. Public-sector workers may join private-sector trade unions and professional associations, although these entities may not bargain on their behalf. The law also prohibits members of the military services and domestic workers from joining unions. Foreign workers, composing nearly 80 percent of the civilian workforce, may join unions if they work in a sector that allows unions, although the law reserves union leadership roles for citizens. The law prohibits unions from engaging in political activities.

The law specifies only an official trade union may organize or declare a strike, and it imposes excessive requirements for legal strikes. The law prohibits strikes in 10 “vital” sectors–the scope of which exceeds international standards–including the oil, gas, education, telecommunications, transportation, and health sectors, as well as pharmacies and bakeries. The law makes no distinction between “vital” and “nonvital” employees within these sectors. Workers must approve a strike with a simple majority by secret ballot and provide 15 days’ notification to the employer before conducting a strike.

The law allows multiple trade union federations but prohibits multisector labor federations and bars individuals convicted of violating criminal laws that lead to trade union or executive council dissolution from holding union leadership posts. The law gives the labor minister, rather than the unions, the right to select the federation to represent workers in national-level bargaining and international forums. The law prohibits antiunion discrimination; however, in practice independent unions faced government repression and harassment. The law does not require reinstatement of workers fired for union activity.

Some workers and union affiliates complained union pluralism resulted in company management interfering in union dues collection and workers’ chosen union affiliation. They stated that management chose to negotiate with the union it found most favorable, to the detriment of collective bargaining agreements and the legitimate voice of workers.

In 2014, after signing a second tripartite agreement, the International Labor Organization (ILO) dismissed the complaint filed in 2011 regarding the dismissal of workers. During the year the government reported it considered efforts at reinstatement, as reflected in the tripartite agreement, to be completed. The government reported that 154 of the 165 cases had been resolved through either reinstatement or by financial compensation. Human rights organizations and activists questioned the government’s claims and reported continuing, systemic labor discrimination.

The law prohibits all forms of forced or compulsory labor except in national emergencies; however, the government did not always enforce the law effectively. The antitrafficking law prescribes penalties ranging from three to 15 years’ imprisonment, a significant fine, and the cost of repatriating the victim(s), which were sufficiently stringent, and commensurate with penalties prescribed for other serious crimes, such as kidnapping.

There were reports of forced labor in the construction and service sectors. The labor law covers foreign workers, except domestic workers, but enforcement was lax, and cases of debt bondage were common. There were also reports of forced labor practices among domestic workers and others working in the informal sector; labor laws did not protect most of these workers. Domestic workers from third countries have the right to see the terms included in their employment contract before leaving their home countries, or upon arrival. The law requires domestic contacts to be tripartite and to have the signature of the employer, recruitment office, and employee.

According to reports by third-country labor officials and human rights organizations, employers withheld passports, a practice prohibited by law, restricted movement, substituted contracts, or did not pay wages; some employers also threatened workers and subjected them to physical, psychological, and sexual abuse. The Ministry of Labor and Social Development (Ministry of Labor) reported 1,976 labor complaints from domestic workers and construction workers, mostly of unpaid wages or denied vacation time. In August the ministry reported that 16 workers were victims of forced labor during the annual summer work ban. Authorities referred 27 companies to the courts for alleged violations of the ban.

In February the Labor Market Regulatory Authority (LMRA) opened a new office in Buhair Riffa for aggrieved workers to file cases against their employers, in partnership with the Ministry of Justice, Islamic Affairs, and Endowments. In March the LMRA adopted the tripartite domestic contract, which regulates the relationship between the recruitment office, the employer, and the domestic worker. The LMRA required all recruitment agencies to implement the new tripartite contract format.

In 2016 the LMRA instituted procedures that allow workers to change the employer associated with their visa–without permission from their former employer or without their passport. The LMRA threatened employers who withheld passports with criminal and administrative violations and prohibited at-fault employers from hiring new workers. During the year the government shut down recruitment agencies and revoked licenses of others for infringing on workers’ rights. Recruitment agencies complicit in illegal practices may be subject to license revocation, legal action, shutdown of business operations, or a forfeit of license deposits.

The LMRA employed inspectors who were sworn officers of the court, with the authority to conduct official investigations. LMRA inspector reports may result in fines, court cases, loss of work permits, and termination of businesses. These inspectors focus on the legal and administrative provisions under which individuals fall, including work permits, employer records, and licenses. The Ministry of Labor employed general inspectors and occupational safety inspectors. Their roles are to inspect workplaces, occupational health and safety conditions, and the employer/employee work relationship.

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

The laws and regulations related to child labor generally meet international standards. After thorough consultations with local government officials, diplomats of labor-sending countries, representatives from local civil society organizations, and the International Organization for Migration, the experts determined that child labor was not a prevalent problem in the country.

The minimum age for employment is 15, and the minimum age for hazardous work is 18. Children younger than 18 may not work in industries the Ministry of Health deemed hazardous or unhealthy, including construction, mining, and oil refining. They may work no more than six hours a day–no more than four days consecutively–and may be present on the employment premises no more than seven hours a day. Child labor regulations do not apply to family-operated businesses in which the only other employees are family members.

The law requires that before the ministry makes a final decision on allowing a minor to work, the prospective employer must present documentation from the minor’s guardian giving the minor permission to work; proof the minor underwent a physical fitness examination to determine suitability; and assurance from the employer the minor would not work in an environment the ministry deemed hazardous. The government generally enforced the law with established mechanisms; however, gaps exist within the operations of the Ministry of Labor that may hinder adequate enforcement of their child labor laws.

In 2017 the government began making moderate efforts to eliminate child labor. The LMRA developed a handbook on the National Referral System for Victims of Trafficking in Persons, opened a shelter for victims, and conducted training on human trafficking for all police officers. There was evidence, however, that children continued to engage in domestic work and sell items on the street. The government did not conduct research to determine the nature and extent of child labor in the country.

The law does not allow expatriate workers younger than 18 to work in the country.

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

The constitution provides for equality between men and women in political, social, cultural, and economic spheres without breaching the provisions of Islamic law. In 2018 the government amended its labor law to ban discrimination on the basis of gender, national origin, language, or creed, and it banned sexual harassment in the workplace.

The labor law deems dismissal for sex, color, religion, ideology, marital status, family responsibilities, and pregnancy to be arbitrary and illegal but provides for no right to reinstatement. The law also prohibits wage discrimination based on sex, national origin, language, religion, or ideology. Labor laws prohibit discrimination against women at the workplace. On August 27, the Ministry of Labor issued another order banning wage discrimination on the basis of gender, and on August 28, it issued an order allowing women to work at night in the same jobs as their male counterparts. A ministerial order prohibits women from working in some industries, to include mining, construction, factories, and in the energy sector.

In the business sector, female-led entrepreneurial ventures constituted more than half of filings for new businesses.

The law stipulates equal treatment for persons with disabilities with regard to employment, and violations of the law are punishable with fines (see section 6, Persons with Disabilities). The constitution guarantees social security, social insurance, and health care for persons with disabilities. In 2018 the Ministry of Labor issued an edict that workers with significant disabilities and their first-degree relative caregivers should receive two hours of daily paid rest. In April 2019 the government began implementing the policy. The government administered a committee to monitor provision of care for persons with disabilities and violations against them that included representatives from all relevant ministries, NGOs, and the private sector. During the year the government did not prosecute any cases for violations against persons with disabilities.

No information was available on the responsibilities of government agencies to protect the rights of persons with disabilities, although building codes required all new government buildings to be accessible. According to anecdotal evidence, persons with disabilities routinely lacked access to employment, particularly in positions of responsibility. The law requires the government to provide vocational training for persons with disabilities who wish to work. The Ministry of Labor continued to fund a center offering employment and training services for citizens with disabilities. Some persons with disabilities were employed in the public sector. The law also requires employers of more than 100 persons to hire at least 2 percent of its employees from the government’s list of workers with disabilities. The government did not monitor compliance. Many workplaces remained difficult to access for those needing assistance due to a lack of ramps, narrow doorways, and unpaved parking lots.

Foreigners account for approximately half of the country’s population. Although the government asserted the labor code for the private sector applies to all workers, the ILO and international NGOs noted foreign workers faced discrimination in the workplace. There are no provisions to provide for equality in the hiring process. It was common for employers to advertise positions for specific nationalities or languages without justifying why only persons from that specific nationality or language group would be acceptable.

Lack of transparency in hiring processes, especially for government positions, led to many complaints of discrimination based on sect or ethnicity. Human rights organizations reported that Shia citizens faced widespread employment discrimination in both the public and private sectors. Sunni citizens often received preference for employment in sensitive government positions, notably in the managerial ranks of the civil service, as well as positions in the security services, police, and the military.

e. Acceptable Conditions of Work

There is no national private-sector minimum wage. A standardized government pay scale covers public-sector workers, with a set minimum monthly wage. While the minimum wage for citizens is generally considered a living wage, there is no minimum wage for foreign workers in the public sector; however, the government issued “guidelines” advising employers in the public and private sectors to pay a minimum monthly wage. There was no official poverty level.

Subject to the provisions of the private-sector law, employers may not employ a worker for more than 48 hours per week without including contract provisions for overtime pay. Employers may not employ Muslim workers during the month of Ramadan for more than six hours per day or 36 hours per week.

The Ministry of Labor sets occupational safety and health standards. The labor law and relevant protections apply to citizens and noncitizens alike, with the exception of domestic workers. The revised labor law improved the legal situation for many workers as it pertains to access to contracts and additional holidays, although it excludes domestic workers from most protections.

The Ministry of Labor is responsible for enforcing the labor law and mandating acceptable conditions of work. The law stipulates that companies that violate occupational safety standards can be subject to fines.

The Ministry of Labor enforced occupational safety and health standards; it also used a team of engineers from multiple specialties primarily to investigate risks and standards at construction sites, which were the vast majority of worksites. Inspectors have the authority to levy fines and close worksites if employers do not improve conditions by specified deadlines. A judge determines fines per violation, per worker affected, or both. A judge may also sentence violators to prison. For repeat violators, the court may double the penalties.

Despite the improvements, NGOs feared resources for enforcement of the laws remained inadequate for the number of worksites and workers, many worksites would not be inspected, and the regulations would not necessarily deter violations.

A ministerial decree prohibits outdoor work between noon and 4 p.m. during July and August because of heat conditions. Authorities enforced the ban among large firms, but according to local observers, violations were common among smaller businesses. Employers who violated the ban are subject to up to three months’ imprisonment, fines, or both. The ministry documented 27 companies in noncompliance with the summer heat ban during the year.

The government and courts generally worked to rectify abuses brought to their attention. Workers could file complaints with the ministry. There were 1,979 labor complaints during the year; 1,298 of these complaints were from domestic workers. The vast majority of cases involving abused domestic workers did not reach the ministry or the public prosecutor. Police referred 78 cases to the National Referral Mechanism in the first half of the year. Individuals with referred cases received a range of services, including shelter provided by the National Committee for Combating Trafficking in Persons. The LMRA shelters provided services to 108 migrant workers in the first half of the year. The victims were either domestic workers or skilled workers who entered the country under a tourist visa.

The Migrant Workers Protection Society reported it visited unregistered camps and accommodations, including accommodations of irregular “free visa” workers, who often lived in overcrowded apartments with poor safety standards.

The government continued to conduct workers’ rights awareness campaigns. It published pamphlets on foreign resident workers’ rights in several languages, provided manuals on these rights to local diplomatic missions, and operated a telephone hotline for victims.

Violations of wage, overtime, and occupational safety and health standards were common in sectors employing foreign workers, such as construction, automotive repair, and domestic service. Unskilled foreign workers, mostly from South and Southeast Asia, constituted approximately 60 percent of the total workforce. These workers were vulnerable to dangerous or exploitive working conditions. According to NGOs, workplace safety inspection and compliance were substandard.

In April the government announced two initiatives to combat COVID-19 and reduce key barriers to underreporting infection cases, including temporary suspension of work permit fees for certain categories of workers, and amnesty for thousands of illegal foreign workers to legalize their status. Although the migrant labor community welcomed the announcement, some citizens urged the government to deport migrant workers to prevent the spread of the virus. The economic impact of the pandemic on migrant workers included the hospitality and service sectors, and dismissed and furloughed workers required food and monetary assistance from local authorities and labor-sending embassies.

The labor law does not fully protect domestic workers, and this group was particularly vulnerable to exploitation. Domestic employees must have a contract, but the law does not provide for same rights accorded to other workers, including rest days. In 2017 the LMRA announced that all newly arrived domestic workers would be required to use new tripartite work contracts. The recruitment agency, the employer, and the employee must agree upon the contents of the new contracts. According to local press reports, the new contracts include daily working hours, weekly day off, and mandatory wage receipts, among other conditions. Activists reported that usage of the forms among employers and recruitment agencies remained low throughout the year.

There were credible reports employers forced some of the country’s 86,000 domestic workers, most of them women, to work 12- to 16-hour days and surrender their identity documents to employers. Employers permitted very little time off, left female workers malnourished, and subjected them to verbal and physical abuse, including sexual molestation and rape. There were reports of employers and recruitment agents beating or sexually abusing foreign women working in domestic positions, but most cases involving domestic workers did not reach the Ministry of Labor. The press, embassies, and police received numerous reports of abuse. The Migrant Workers Protection Society provided female domestic workers with assistance with their cases. Additionally, the National Committee for Combating Trafficking in Persons provided workers with shelter. Most women in these cases sought assistance with unpaid wages and complaints of physical abuse.

According to NGOs, the construction sector employed more Indians, Bangladeshis, and Pakistanis than other nationalities. Worker deaths generally were due to a combination of inadequate enforcement of standards, violations of standards, inadequate safety procedures, worker ignorance of those procedures, and inadequate safety standards for equipment. While some workers may remove themselves from situations that endanger health or safety without jeopardizing their employment, the level of freedom workers enjoyed directly related to the types of work they performed.

A Ministry of Labor order requires employers to register any labor accommodations provided to employees. The order also mandates minimum housing standards for employer-provided accommodations. Many workers lived in unregistered accommodations that ranged in quality from makeshift accommodations in parking garages, to apartments rented by employers from private owners, to family houses modified to accommodate many persons. Conditions in the many unregistered or irregular worker camps were often squalid and overcrowded, which likely contributed to a large-scale outbreak of COVID-19. Inspectors do not have the right to enter houses or apartment buildings not registered as work camps to inspect conditions.

The law provides for the right to join unions and, with government approval, the right to form a union, although labor rights organizations said cumbersome requirements for union registration remained. The law requires a minimum of 20 percent of an enterprise’s total workforce to agree to be members before the Ministry of Labor and Employment may grant approval for registration of a union. The ministry may request a court to dissolve the union if membership falls below 20 percent. Generally the law allows only wall-to-wall (entire factory) bargaining units. NGOs reported the Registrar of Trade Unions regularly abused its discretion and denies applications for no reason, for reasons not recognized in law or regulation, or by fabricating shortcomings in the application. One union representative explained she had completed all paperwork to form a union and had support from 30 percent of workers, but the union registration was rejected by the Directorate of Labor because the factory claimed it had hundreds of additional employees. Organizers’ names were shared with the factory owner and all were fired.

The labor law definition of workers excludes managerial, supervisory, and administrative staff. Firefighting staff, security guards, and employers’ confidential assistants are not entitled to join a union. Civil service and security force employees are prohibited from forming unions.

The law continued to ban trade unions and severely restricted the right to organize and bargain collectively for the nearly 500,000 workers in export processing zones (EPZs). Worker welfare associations (WWAs), dominated by the Bangladesh Export Processing Zones Authority (BEPZA), continue to replace the function of independent, democratically elected unions in EPZs. The law strictly limits the right to strike, giving BEPZA’s chairperson discretion to ban any strike viewed as prejudicial to the public interest. The law provides for EPZ labor tribunals, appellate tribunals, and conciliators, but those institutions were not established. Instead, eight labor courts and one appellate labor court heard EPZ cases. WWAs in EPZs are prohibited from establishing any connection to outside political parties, unions, federations, or NGOs. With the exception of limitations on the right of association and worker protections in the EPZs, the labor law prohibits antiunion discrimination. A labor court may order the reinstatement of workers fired for union activities, but reinstatement was rarely awarded.

The Ministry of Labor and Employment may deregister unions for other reasons with the approval of a labor court. The law affords unions the right of appeal in the cases of dissolution or denial of registration. Unfair labor practices, including antiunion discrimination, were expressly prohibited, but 2018 amendments to labor law halved penalties for both employers and workers. Workers were often charged with unfair labor practices; employers rarely were. The government did not effectively enforce applicable laws. Penalties were commensurate with those for other laws involving denials of civil rights. The law provides for the right to conduct legal strikes but with many limitations. For example the government may prohibit a strike deemed to pose a “serious hardship to the community” and may terminate any strike lasting more than 30 days. The law additionally prohibits strikes for the first three years of commercial production if the factory was built with foreign investment or owned by a foreign investor.

The law establishes mechanisms for conciliation, arbitration, and dispute resolution by a labor court. The Department of Inspection for Factories and Establishments (DIFE) has the authority to mediate wage-related disputes, but its decisions are not binding. The government reported nine complaints were filed for unfair labor practices; three were resolved according to the law and standard operating procedures, six remained open, and no employers were penalized. Trade union federations reported they have stopped filing unfair labor cases due to the enormous backlog of existing cases in labor courts.

The law establishes that workers in a collective-bargaining union have the right to strike in the event of a failure to reach a settlement. Few strikes followed the cumbersome legal requirements, however, and strikes or walkouts often occurred spontaneously. Work stoppages, strikes, and workplace actions were prevalent during the year in several sectors, and generally concerned past-due wages, improper or illegal shutdowns, layoffs, terminations and discrimination. In one example, the manager of Ettade Jeans Ltd. filed a criminal case against 65 to 75 workers who, protesting an announced six-month delay to their holiday bonus, vandalized the factory, severely injured and robbed a man in management, and threatened other workers.

According to Solidarity Center, union registration applications and approvals have declined significantly since 2013, and workers face significant challenges registering unions. Despite the adoption of standard operating procedures for union registration in 2017, Solidarity Center reported the process routinely takes longer than the 60-day maximum time, and nearly half of all union applications are arbitrarily denied. Through August, Solidarity Center’s partners assisted nine unions with their registration, and five were approved. The government reported receiving 231 total valid applications in 2020 and approving 145, with 68 still to be reviewed in September.

Workers in the ready-made garment sector reported particular resistance when seeking to establish unions and engage in collective bargaining. In a 2018 survey, the Centre for Policy Dialogue, a local think tank, collected data from 3,856 ready-made garment factories employing 3.6 million workers, and found 97.5 percent of them had no union. During the year the Ministry of Labor and Employment reported the ready-made garment sector had 909 active trade unions and 1,609 participation committees. Labor leaders asserted while there are perhaps 80 to 90 active unions, only 30 to 40 actually negotiate because intimidation, corruption, and violence continue to constrain union organizing. The ministry reported the shrimp sector had 16 unions and the leather and tannery sector had 13. The tea sector had one union–the largest in the country–representing 95,000 to 100,000 workers.

Labor rights groups reported workers routinely faced retaliation and violence for asserting their rights under the law, including organizing unions, raising concerns, or even attending union information sessions. For example in June, management at Romana Fashion of East West Industrial Park fired 122 workers including seven union leaders when they pointed out union members were being transferred to different floors and divisions. After thousands protested the prime minister’s decision to close 26 state-owned jute mills and force 50,000 into early retirement, two labor leaders were taken from their homes on July 5 by unidentified, armed men, then appeared in police custody 30 hours later under charges stemming from a 2019 protest. When workers protested the closure of Viyellatex Limited, police beat and filed false cases against them, and factory management blacklisted 95 workers for their alleged misconduct and posted a list of their names on the factory wall. Individuals harassed and blocked Solidarity Center staff from approaching the factory, threatening sexual violence against female staff who tried to meet with workers.

Additionally, workers in unions have been subjected to police violence, mass dismissals, and arrests of union leaders for asserting their rights to protest. Police intimidated unions in the ready-made garment industry by frequently visiting their meetings and offices, photographing or recording meetings, and monitoring NGOs supporting trade unions. The International Trade Union Confederation (ITUC) noted major discrepancies in labor legislation that do not align with the standards of the International Labor Organization and emphasized concerns regarding police crackdowns on workers protesting wages. ITUC also called for more measures to restrain interference in union elections.

According to labor law, every factory with more than 50 employees is required to have a participation committee (PC). The law states there shall not be any participation committee if any registered trade union exists in a factory. Employers often selected or appointed workers for the PC instead of permitting worker elections to determine those positions. Employers also failed to comply with laws and regulations to ensure the effectiveness and independence of PCs.

Workers from several factories also reported that since August 2018, BGMEA and factory owners have allegedly used a database of ready-made garment workers to blacklist those who brought demands to management or tried to form unions. Although created after the 2013 Rana Plaza collapse in order to have a record of workers (and potential victims of future disasters), the database now serves to track known union organizers or anyone who has brought a complaint to management to prevent these staff from finding employment at any other factory. Labor organizations also cited examples of factory owners willing to pay up to $12,000 to the Department of Labor to dismiss a union registration application, or to share the names of organizers.

The law prohibits all forms of forced or compulsory labor. Penalties for forced or bonded labor offenses were commensurate with those for other analogous serious crimes. Inspection mechanisms that enforce laws against forced labor did not function effectively. Resources, inspections, and remediation efforts were inadequate. The law also provides that victims of forced labor have access to shelter and other protective services afforded to trafficking victims.

Over the past year, law enforcement conducted fewer investigations and denied credible reports of official complicity in hundreds of forced labor and commercial sexual exploitation cases. The government does not provide sufficient victim protective services, nor does it consistently follow victim identification procedures. There are no government-owned shelters for adult male victims.

Some individuals recruited to work overseas with fraudulent employment offers subsequently were exploited abroad under conditions of forced labor or debt bondage. Many migrant workers assumed debt to pay high recruitment fees imposed legally by recruitment agencies belonging to the Bangladesh Association of International Recruiting Agencies, and illegally by unlicensed subagents.

Children and adults were also forced into domestic servitude and bonded labor that involved restricted movement, nonpayment of wages, threats, and physical or sexual abuse (see section 7.c.).

Traffickers exploited workers in forced labor through debt-based coercion and bonded labor in the shrimp and fish processing industries, aluminum and garment factories, brick kilns, dry fish production, and shipbreaking. NGOs reported officials permit traffickers to recruit and operate at India-Bangladesh border crossings and maritime embarkation points.

The over 860,000 undocumented Rohingya men, women, and children in refugee camps, who do not have access to formal schooling or work, are vulnerable to forced labor and commercial sexual exploitation, particularly by local criminal networks. International organizations report that officials take bribes from traffickers to access refugee camps.

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

The law does not prohibit all of the worst forms of child labor. The law regulates child employment, and the regulations depend on the type of work and the child’s age. The law establishes the minimum age for work as 14, and the minimum age for hazardous work as 18, with no exceptions. Minors may work up to five hours per day and 30 hours per week in factories and mines or up to seven hours per day and 42 hours per week in other types of workplaces. By law every child must attend school through eighth grade.

The government continued to fund and participate in programs to eliminate or prevent child labor, including building schools and a $35 million government-funded three-year project that began in 2018 and removed approximately 90,000 children from hazardous jobs. In 2019 the program reintegrated 1,254 children into schools and provided rehabilitation for 3,501 children as well as livelihood support for their parents.

The Labor and Employment Ministry’s enforcement mechanisms were insufficient for the large, urban informal sector, and authorities rarely enforced child labor laws outside the export-garment and shrimp-processing sectors. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. DIFE enforces child labor laws in 42 sectors, and in the 2019-20 fiscal year it targeted four hazardous sectors in which to eliminate child labor completely: engineering, bakery, plastic, and hotels. Labor inspectors were not authorized to assess penalties–they have the power only to send legal notices and file cases in court. Even when courts imposed fines, however, they were too low to deter child labor violations.

Agriculture and other informal sectors that had no government oversight employed large numbers of children. The government found children working eight to 10 hours per day in restaurants, engineering workshops, local transportation, and domestic work. The government also reported underage children are found in almost all sectors except the export-oriented ready-made garment (RMG) and shrimp sectors.

Children engaged in the worst forms of child labor in the production of bidis (hand-rolled cigarettes), footwear, furniture and steel, glass, matches, poultry, salt, shrimp, soap, textiles, and jute, including forced child labor in the production of dried fish and bricks. Children also performed dangerous tasks in the production of garments and leather goods bound for the local market, where the Bangladesh Labor Foundation reported 58 percent of workers are under 18, and 18 percent are under the age of 15.

According to a 2016 Overseas Development Institute report based on a survey of 2,700 households in Dhaka’s slums, 15 percent of six- to 14-year-old children were out of school and engaged in full-time work. These children were working well beyond the 42-hour limit set by national legislation. In a survey conducted by an international organization, more than 400,000 children were found engaged in domestic work. Children engaged in forced labor in the leather industry and in criminal activities, such as begging and the production and transport of drugs. In begging rings, traffickers abused children to increase earnings.

Rohingya children residing in refugee camps were vulnerable to forced labor. Rohingya girls were trafficked from the camps to Dhaka or foreign countries for domestic servitude. Rohingya children recruited to work outside the refugee camps were reported to be underpaid or unpaid, subjected to excessive working hours, or in bonded labor as shop hands, domestic workers, fishermen, and rickshaw pullers.

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 List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

The labor law prohibits wage discrimination on the basis of sex or disability, but it does not prohibit other discrimination based on sex, disability, social status, caste, sexual orientation, or similar factors. The constitution prohibits adverse discrimination by the state on the basis of religion, race, caste, sex, or place of birth and expressly extends that prohibition to government employment; it allows affirmative action programs for the benefit of disadvantaged populations. The law does not describe a penalty for discrimination. The government did not effectively enforce the law and the penalties were commensurate with those for similar crimes.

The garment sector traditionally offered greater employment opportunities for women. Women represented the majority of garment-sector workers this year, making up more than 50 percent of the total ready-made garment workforce, according to official statistics, although statistics varied widely due to a lack of data. Despite representing a majority of total workers, women were generally underrepresented in supervisory and management positions and generally earned less than their male counterparts, even when performing similar functions. A 2017 Oxford University and Center for Economic Research and Graduate Education Economics Institute study found women earned lower wages in export-oriented garment factories, even after controlling for worker productivity. According to the study, approximately two-thirds of the wage gap remained even after controlling for skills, which the study attributed to higher mobility for male workers. Women were also subjected to abuse in factories, including sexual harassment. Solidarity Center partners reported there were no functioning antiharassment committees in garment factories, but the Garment Exporters’ Association announced it had visited more than 1,100 factories to confirm the committees had been established.

In the tea industry, female workers faced discrimination. Male workers received rice rations for their female spouses, but female tea workers’ male spouses were not given rice rations, as they were not considered dependents.

Some religious, ethnic, and other minorities reported discrimination, particularly in the private sector (see section 6).

The laws prohibiting adolescents from participating in dangerous work specify that women are equal to adolescents and are, therefore, prohibited from working with hazardous machinery, cleaning machinery in motion, working between moving parts, or working underground or underwater.

e. Acceptable Conditions of Work

The National Minimum Wage Board established minimum monthly wages on a sector-by-sector basis. The minimum wage was not indexed to inflation, but the board occasionally made cost-of-living adjustments to wages in some sectors. None of the set minimum wages provided a sufficient standard of living for urban dwellers, but many were above the poverty level. Failure to pay the specified minimum wage is punishable by a jail term up to one year, a fine, or both, and the employer should have to pay owed wages.

By law a standard workday is eight hours. A standard workweek is 48 hours, but it may be extended to 60 hours, subject to the payment of an overtime allowance that is double the basic wage. Overtime cannot be compulsory. Workers must have one hour of rest if they work for more than six hours a day or a half-hour of rest for more than five hours’ work a day. The law states that every worker should be allowed at least 11 festival holidays with full wages in a year, fixed by the employer in consultation with the collective bargaining agent (CBA), if any. Factory workers are supposed to receive one day off every week. Shop workers receive one and one-half days off per week. The labor law did not specify a penalty for forced overtime or failing to pay overtime wages.

The law establishes occupational health and safety standards, and amendments to the law created mandatory worker safety committees. The labor law specified sanctions when failure to comply caused harm; for loss of life, violators are subject to a four-year jail term, a fine, or both; for serious injury, a two-year jail term, a fine, or both; and for injury or danger violators face a six-month jail term, a fine, or both. Penalties for violations of occupational safety and health laws were commensurate with those for crimes such as negligence.

Labor law implementing rules outline the process for forming occupational safety and health committees in factories, and the government reported approximately 2,175 safety committees had been formed as of July 2018. The committees include both management and workers nominated by the CBA or, in absence of CBA, workers representatives of the factory’s worker participation committee. Where there is no union or worker participation committee, DIFE arranges an election among the workers for their representatives.

DIFE’s resources were inadequate to inspect and remediate problems effectively. Labor inspectors only have the authority to make unannounced inspections in non-EPZ factories. They do not have the authority to initiate sanctions; they may notify establishments of violations in writing and lodge complaints in labor courts. DIFE regularly filed cases in the labor courts against employers for administrative violations of the law, such as not maintaining documents. MOLE reported DIFE has filed cases against some factories for failure to pay minimum wages and overtime during the year, but labor organizations had not seen any cases. There were also criticisms regarding DIFE’s complaint mechanism. In the current system, a worker must enter his or her name, position, and identity number in DIFE’s complaint form. Once received, DIFE issues a letter to factory management with reference to the complaint form. This provides inadequate protections to workers and raises doubts on the efficacy of the mechanism for filing complaints.

Although increased focus on the garment industry improved safety compliance in some garment factories, resources, inspections, and remediation were generally not adequate across sectors. Many ready-made garment employers failed to adequately train workers on safety and hazardous materials, provide required equipment, or ensure functioning safety committees, all required by law. Legal limits on hours of work were violated routinely and a labor rights NGO found 95 percent of factories did not comply with overtime limits. Employers often required workers, including pregnant women, to labor 12 hours a day or more to meet quotas and export deadlines, but they did not always properly compensate workers for their time. According to Solidarity Center, workers often willingly worked overtime in excess of the legal limit. Employers in many cases delayed workers’ pay or denied full leave benefits.

After international garment brands cancelled orders due to a decrease in demand following COVID-19, the government and employers’ associations asked employers not to terminate workers and to ensure continuous payment of salaries, allowances, and other dues of all industries, factories, and tea estate workers. Local news media and labor organizations, however, reported dozens of factories terminated or laid off tens of thousands of workers without paying severance or following the proper procedures for notifying the government as requested. After a one-month lockdown, factories slowly reopened with widely varying procedures and hygiene facilities to protect workers from the spread of COVID-19.

In April hundreds of garment workers in 11 factories in Savar protested unpaid wages from the previous month. Some officials of the small factories went into hiding, while others dispersed protestors by assuring them that wages would be paid shortly.

In the first half of the year the Ministry of Labor and Employment reported 16 major industrial accidents in which 11 persons were seriously injured and 18 were killed. The incidents took place in rice and steel mills, the ship breaking sector, and stone quarries. The two Western brand-led initiatives that formed to address widespread structural, fire, and electrical safety issues in the garment sector after the 2013 Rana Plaza building collapse both ceased their operations in the country during the year. The High Court had ordered Nirapon (the organization continuing the work of the Alliance for Bangladesh Worker Safety and representing most North American clothing brands) to suspend its audit and training activities after a factory reopened an old case against the Alliance to sue Nirapon. Also under a court-ordered memorandum of understanding, the Accord on Fire and Building Safety in Bangladesh (“Accord,” consisting mostly of European brands), handed over its operations, staff, and relationships with garment sector factories producing for Accord brands to the newly-established Ready-Made Garment Sustainability Council, whose board includes representation by industry, brands, and trade unions.

Revisions to the building code were published that failed to meet basic international fire safety standards and government oversight of building safety outside of the garment export sector remained limited. Although the brand-led Accord and Alliance improved structural, fire, and electrical safety conditions in 2,300 RMG factories manufacturing for Western brands, safety auditors reported fire detection and suppression systems in these factories often did not work following installation because they were not maintained properly. Several hundred additional RMG factories producing for domestic sale or for export to foreign markets fell under the government’s National Initiative, which had not made much progress on safety remediation since its establishment in 2017. DIFE is developing an Industrial Safety Unit to launch by December 2021 to oversee the National Initiative factories and, eventually, the safety of industries.

Few reliable labor statistics were available on the large informal sector that employed most workers, and it was difficult to enforce labor laws in the sector. The Bureau of Statistics reported 51.3 million workers in the informal labor sector in 2016, which was 86.2 percent of the total labor force.

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, and to conduct legal strikes and bargain collectively. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Workers exercised these rights. 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 government effectively enforced the law, but freedom of association and the right to bargain collectively were not consistently respected by employers. Penalties were commensurate with those for other violations. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government generally enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties were commensurate with similar crimes.

In a report published in December, the Interfederal Center for Migration (Myria) reported that the COVID-19 pandemic had the potential to protect human traffickers and render cases of forced labor less visible. Myria reported a decreased capacity for detection because the social security labor inspection services were unable to safely complete field checks. The report also noted that it was often impossible to solicit support from police forces, which were overwhelmed with enforcing health and safety measures in light of the pandemic. There was a significant drop in reports of cases of forced labor–from 3.15 cases per day in 2019 to 0.55 during the year.

Instances of forced and compulsory labor included men who were forced to work in restaurants, bars, sweatshops, horticulture, fruit farms, construction, cleaning businesses, and retail shops. Men and women were subjected to forced domestic service, including in the diplomatic community. Forced begging continued, particularly in the Romani community.

In March the criminal court of Namur convicted the owner of a Chinese restaurant in Walcourt for the forced labor of five men. The men, who did not have a valid work permit or visa, were carrying out renovations in the restaurant. They were neither paid, declared under social security, nor under contract. The owner was sentenced to six months in prison and a fine.

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

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 and inspections; such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face penalties that were commensurate with those for other serious crimes, such as kidnapping.

In October, Belgian and French police jointly dismantled a human trafficking network in which children were subjected to forced begging. According to media reports, the network had made an estimated five million euros ($6 million) in profits and controlled “begging zones” in Belgium and Paris. Police questioned 13 suspects believed to be involved in the network; the investigation remained underway in December.

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.

Some employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minority groups 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. Settlements could involve monetary payments, community service, or other penalties.

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 concerned the termination of employment due to pregnancy. Economic discrimination against women continued. According to the EU statistical office 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 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.

The employment rate for persons with disabilities in the public sector was much lower than the quotas and targets set by public authorities.

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 double time on Sundays. 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. Occupational safety and health standards were appropriate for the main industries. 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. Some employers still operated below legal standards.

A specialized governmental department created to oversee 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.

The law, including related regulations and statutory instruments, provides for the freedom of association, the right to organize and bargain collectively, and the right to strike. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The constitution provides for protection of general and solidarity strikes and for the right of any working individual to join a union. In May 2019 the Supreme Court ruled to protect the right to strike but stipulated that a strike could not be indefinite. According to legal experts, this was in reaction to health-care workers threatening to strike for an indefinite amount of time. As a result of the ruling, health-care workers may strike but must organize themselves in shifts to avoid putting the general population at risk.

Workers may form a union in any private company of 20 or more employees, but the law requires that at least 50 percent of the workforce be in favor. The law requires that trade unions register as legal entities and obtain prior government authorization to establish a union and confirm its elected leadership, permits only one union per enterprise, and allows the government to dissolve unions by administrative fiat. The law also requires that members of union executive boards be Bolivian citizens by birth. The labor code prohibits most public employees from forming unions, including the military, police, and other public security forces. Some public-sector workers (including teachers, transportation workers, and health-care workers) were legally unionized and actively participated without penalty as members of the Bolivian Workers’ Confederation, the country’s chief trade union federation.

The National Labor Court handles complaints of antiunion discrimination, but rulings took one year or more to be issued. The court ruled in favor of discharged workers in some cases and required their reinstatement. Union leaders stated problems had often been resolved or were no longer relevant by the time the court ruled. The government did not effectively enforce applicable laws, and penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

The ineffectiveness of labor courts and the lengthy time to resolve cases and complaints limited freedom of association. Moreover, the 20-worker threshold for forming a union proved an onerous restriction, since an estimated 72 percent of enterprises had fewer than 20 employees.

Labor inspectors may attend union meetings and monitor union activities. Collective bargaining and voluntary direct negotiations between employers and workers without government participation was common. Most collective bargaining agreements were restricted to addressing wages.

The law prohibits all forms of forced or compulsory labor, yet they remained serious problems. Ministry of Labor officials were not effective in enforcement efforts or provision of services to victims of forced labor. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The ministry held various workshops to educate vulnerable workers of their rights, levied penalties against offending employers, and referred cases of suspected forced labor to the Ministry of Justice for prosecution.

Men, women, and children were victims of sex trafficking and forced labor in domestic service, mining, ranching, and agriculture. Indigenous populations were especially vulnerable to forced labor in the agriculture sector and to deceptive employment opportunities that may amount to forced labor in neighboring countries.

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

The law prohibits all of the worst forms of child labor. Ministry of Labor inspectors are responsible for identifying situations of child labor and human trafficking for the purposes of forced child labor. When inspectors suspect such situations, they refer the cases to the municipal offices of the child and adolescent advocate for further investigation in coordination with the Public Prosecutor’s Office. The law states that work should not interfere with a child’s right to education and should not be dangerous or unhealthy. Dangerous and unhealthy work includes work in sugarcane and Brazil nut harvesting, mining, brick making, hospital cleaning, selling alcoholic beverages, and working after 10 p.m., among other conditions. The municipal offices of the child and adolescent advocate must answer a request for an underage work permit within 72 hours. The Ministry of Labor is responsible for authorizing work activity for adolescents older than 14 who work for a third-party employer. Municipal governments, through their respective offices of the child and adolescent advocates, are responsible for enforcing child labor laws, including laws pertaining to the minimum age and maximum hours for child workers, school completion requirements, and health and safety conditions for children in the workplace. The ministry is responsible for identifying such cases through inspections and referring them to the offices of the child and adolescent advocates.

The government did not effectively enforce the law, and penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The number of inspectors was insufficient to deter violations, although Labor Ministry officials stated inspectors conducted investigations throughout the year. Ministry officials did not have statistics on the number of children they had removed from hazardous situations.

The ministry collaborated with the IDB to implement a program that identifies and employs unemployed parents who have children in the workforce. A ministry official stated that while there were varying reasons why children as young as 10 chose to work, one main reason was because their parents could not find steady employment. This program sought to secure jobs for underemployed parents on the condition their children stop working. The ministry also provided the parents’ salaries for the first three months to avoid burdening the businesses that provided employment.

Authorities did not provide detailed information on the penalties for violation of child labor laws or the effectiveness of such penalties, nor did courts prosecute individuals for violations of child labor law during the year, although ministry inspectors referred cases for prosecution.

Among the worst forms of child labor were instances of children working in brick production, hospital cleaning, domestic labor, transportation, and vending at night. In the agricultural sector, forced child labor was present in the production of Brazil nuts/chestnuts and sugarcane. Children were also subjected to hazardous work activities in the mining industry, as well as sex trafficking and other forms of commercial sexual exploitation.

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

Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, sex, gender, disability, religion, political opinion, national origin or citizenship, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. Penalties were not commensurate to laws related to civil rights, such as election interference. The government did not effectively enforce the law in all sectors, and discrimination with respect to employment and occupation occurred. Women in office and female politicians faced high levels of political violence and harassment. Civil society leaders reported credible instances of employment discrimination against indigenous peoples, women, Afro-Bolivians, persons with disabilities, and members of the LGBTI community. Employers charged with discriminatory practices must offer affected employees restitution, but no cases were reported.

Women in the informal sector were not protected by formal-sector labor laws, which afford maternity benefits, breast-feeding hours, permission to work fewer hours, and more holidays than their male counterparts. Critics contended these laws encouraged companies to give preference to men in hiring.

e. Acceptable Conditions of Work

The monthly minimum wage was greater than the government’s official poverty income. The World Bank estimated that for fiscal year 2018, 35 percent of the population lived below the poverty line.

The law establishes a maximum workweek of 48 hours and limits the workday to eight hours for men. The law sets a 40-hour workweek for women, prohibits women from working at night, mandates rest periods, and requires premium pay for work beyond a standard workweek. The law stipulates a minimum of 15 days of annual leave. Penalties were not commensurate with those for similar crimes, such as fraud. The Ministry of Labor sets occupational health and safety (OSH) standards and monitors compliance. The law mandates that the standards apply uniformly to all industries and sectors. The interim government did not effectively enforce the law.

The Ministry of Labor’s Bureau of Occupational Safety has responsibility for the protection of workers’ health and safety, but penalties for violations of OSH laws were not commensurate with those for crimes such as negligence. The number of inspectors was insufficient to provide effective workplace inspection. Ministry officials confirmed that labor inspection teams had been severely limited by COVID-19 and the ensuing restrictions that began in March. The Municipal Offices of Children and Adolescents also completely closed during the quarantine, so prosecutions against child labor offenders largely stopped until COVID-19 movement restrictions eased in September. Five mobile labor inspection teams resumed activities in late September, averaging 20 inspections per week. The ministry intended to have 24 total mobile inspection teams in operation in the coming months. While the number of labor inspectors dropped from 102 to 71, all were trained in identifying child labor and trafficking cases, although they also performed routine labor inspections.

A national tripartite committee of business, labor, and government representatives is responsible for monitoring and improving OSH standards and enforcement. The Ministry of Labor maintained offices for worker inquiries, complaints, and reports of unfair labor practices and unsafe working conditions, but it was unclear if the offices were effective in regulating working conditions.

The law prohibits dismissing employees for removing themselves from work conditions they deem hazardous and provides for the Ministry of Labor to mandate they be rehired following an inspection.

Workers in informal part-time and hourly jobs did not have labor protections. Many companies and businesses preferred workers hired on an hourly or part-time basis to avoid paying required maternity and pension benefits. According to labor law experts, the informal sector comprised approximately 65 to 75 percent of the economy. They claimed labor regulations meant to protect employees actually promoted the large informal sector because the regulations reportedly resulted in employers not hiring full-time employees due to the higher costs their employment entailed.

Civil society leaders and media reported Chinese companies employed workers in substandard conditions. NGOs documented the growing role of Chinese companies, which expanded their presence in the mining, hydrocarbon, and infrastructure sectors during the prior 10 years. There were also allegations that Chinese companies brought in Chinese prisoners to work in the country in exchange for their eventual freedom.

A July 2019 report by the Bolivian Center for Study of Labor and Agrarian Development (CEDLA) analyzed labor complaints against Chinese companies from 2015 to 2019 and denounced the “deplorable behavior of Chinese companies and their impact on the exercise of labor rights and the quality of work.” The report stated the most recurrent complaints against Chinese companies included physical or mental mistreatment, lack of industrial safety (uniforms and job tools), and lack of social security (medical insurance). Chinese state-owned hydropower and construction company Sinohydro was the worst offender, with 153 formal worker complaints during this five-year period. The Sinohydro-led construction of the Ivirgarzama-Ichilo highway (Santa Cruz to Cochabama Departments) completed in 2018 accounted for almost half of the total complaints. During four years of work, the project led to 53 labor complaints, seven worker strikes, one hunger strike, and seven conflicts between workers and managers.

The 2019 CEDLA report, which analyzed official data and complaints from various state entities, including the Bolivian Highway Administration; Ministry of Public Works; the Ministry of Labor, Employment, and Social Welfare; and the Ombudsman’s Office, also highlighted the record of the China Railway Construction Corporation, with 87 complaints from the project building the highway from Rurrenabaque to Riberalta, which was the most “conflicted project” in the entire country. The report described a series of unfair labor practices, including forcing workers to sign unfair contracts with clauses stipulating that they would be fired if they complained to the press. Since 2015 there were 39 recorded strikes against Chinese companies, and of the 17 strikes against Sinohydro, the company declared six of them “illegal,” despite the fact that only the Ministry of Labor has the right to determine the legality of strikes. In addition to the labor rights complaints, the report detailed several persistent environmental complaints, including the contamination of rivers, deforestation, illegal hunting and extermination of jaguars, and trafficking in jaguar fangs.

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 complained that their own union leaders had 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. In March the Federation government prepared changes to the labor law to address the impact of the COVID-19 crisis, which resulted in many employees in the private sector being fired overnight. The government claimed that all changes needed to allow employers flexibility to preserve businesses and save jobs were enacted. As the result of the COVID-19 pandemic, many workers in the private sector lost jobs, while public-sector workers were protected by general collective agreement and no cuts in their benefits were allowed.

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. In addition, in the Federation there were two parallel leaderships of the unions, each of them complaining the other was illegal. Both groups represented themselves as the legal representatives of the unions, and it was unclear which should participate in the social dialogue with the government. One leadership group, led by Selvedin Satorovic (who organized protests), represented the policy of the previous union leadership, which lost the election and supported only the government employees. The other group, led by Mevludin Bektic, showed more interest in representing workers from all sectors and had support from a majority of branch unions (14 of 18) but was too weak to push out Satorovic. On July 16, the court in Sarajevo appointed a provisional administrator of the trade unions to resolve the issue, although the final result was outstanding as of September.

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 were not commensurate with those for similar violations of civil rights. 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.

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 commensurate with those of other serious crimes.

The prosecution of 13 BiH nationals for collusion in forced labor involving 672 victims of forced labor in Azerbaijan in 2015 continued in BiH courts. 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/.

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 for violations were commensurate with those for similar serious crimes.

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 .

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 commensurate with those for other violations of civil rights.

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. Labor laws and regulations are adequate to protect women’s rights, but authorities did not effectively enforce them in all cases. For example, women were unable to take maternity leave for the period of one year and were often unable to return to their work position after maternity leave or take advantage of the entitlement to work part time. Unsanctioned cases of employment termination for pregnant women and new mothers continue to occur.

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 RS government increased the minimum wage during the COVID-19 pandemic under the pressure of the workers.

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, hours, and health and safety violations were commensurate with those of similar crimes. Inspectors were permitted to make unannounced inspections and initiate sanctions. 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 unless those workers are registered at unemployment bureaus and are receiving related benefits (such as health-care coverage).

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. As of mid-October there were no reports of industrial accidents that led to death or serious injury of workers.

The law provides for the rights of workers–except police, military, and prison personnel–to form and join independent unions and to bargain collectively. The law provides some workers with the right to strike. The COVID-19 state of emergency barred all industrial actions by unions, although workers at some companies did conduct short work stoppages over pay matters without government interference. The law allows registered unions to conduct their activities without interference and with protection from antiunion discrimination.

The law limits the right to organize. Police, military, and prison personnel belong to employee associations to communicate collective needs and concerns to their government employer. Union representatives reported employee associations were generally not as effective as unions in resolving labor disputes.

Trade unions failing to meet formal registration requirements are automatically dissolved and banned from carrying out union activities. The law does not protect members of unregistered trade unions and does not fully protect union members from antiunion discrimination. This means that those trying to establish, join, or register a trade union are not protected from antiunion discrimination.

The law imposes a number of substantive requirements on the constitutions and rules of trade unions and federations of trade unions. The law also authorizes the registrar to inspect accounts, books, and documents of a trade union at “any reasonable time” and provides the minister of defense, justice, and security with the authority to inspect a trade union “whenever he considers it necessary in the public interest.” It also allows the registrar or attorney general to apply for an order to restrain any unauthorized or unlawful expenditure of funds or use of any trade union property. Employers and employer associations have the legal right to ask the registrar to withdraw recognition of a union, and the Ministry of Employment, Labor Productivity, and Skills Development has the right to suspend a union if it is “in the public interest,” although the former practice was uncommon and the latter has never been employed. Any person acting or purporting to act as an officer of a trade union or federation that fails to apply for registration within 28 days of its formation is subject to sanctions.

The law provides for collective bargaining only for unions that have enrolled at least one-third of a sector’s workforce. The law does not allow employers or employers’ organizations to interfere in the establishment, functioning, or administration of trade unions. The law provides a framework for either employers or unions to nullify collective bargaining agreements and provides a mechanism for the other party to dispute the nullification. The law also permits an employer or employers’ organization to apply to the government to withdraw the recognition granted a trade union if it establishes that the trade union refuses to negotiate in good faith with the employer.

The law prohibits employees providing “essential services” from striking. In August 2019 the National Assembly passed legislation limiting the sectors covered by this prohibition in line with a recommendation from the International Labor Organization. The law limits its definition of essential services to aviation, health, electrical, water and sanitation, fire, and air traffic control services.

The law empowers two officials within the Ministry of Employment, Labor Productivity, and Skills Development (the minister and the commissioner of labor) to refer a dispute in essential services to arbitration or to the Industrial Court for determination.

Civil service disputes are referred to an ombudsman for resolution, and the ombudsman generally made decisions without government interference. Labor commissioners mediate private labor disputes, which, if not resolved within 30 days, may be referred to the Industrial Court.

Workers who are members of registered unions may not be terminated for legal union-related activities. Dismissals may be appealed to civil courts or labor officers, which have rarely ordered payment of more than two months’ severance pay. The law does not provide for reinstatement of workers, but a judge may order reinstatement if the termination is deemed to be related to union activities. The law does not provide protection to public employees’ organizations from acts of interference by public authorities in their establishment or administration.

The government generally did not respect freedom of association for workers. In addition the government placed significant barriers to union organizing and operations, and there were some restrictions on the right to collective bargaining. Workers exercised the right to form and join unions, and employers generally did not use hiring practices to avoid hiring workers with bargaining rights. The government refused to recognize migrant workers’ attempt to form a union after the workers had submitted all required documents to register their association. Legal penalties for violations of laws governing freedom of association were commensurate with those for other laws involving denials of civil rights.

The law severely restricts the right to strike, and strikes were rare. When unions followed legal requirements, exhausted arbitration, and notified the government in advance of a planned strike, the government permitted strikes and did not use force on strikers. Due to strike requirements, however, many strikes were ruled illegal, and striking workers often risked dismissal. The law prohibits sympathy strikes. Compulsory arbitration was rare and only applied in cases involving a group dispute of workers in essential services. The law prohibits an employer from hiring workers to replace striking or locked-out workers and prohibits workers from picketing only if the parties have an agreement on the provision of minimum services or, if no such agreement has been made, within 14 days of the commencement of the strike.

The constitution and law prohibit and criminalize all forms of forced and compulsory labor, including by children. Civil society representatives reported in previous years the government did not effectively enforce relevant laws, particularly in remote areas, mainly due to a lack of staff and funding. Labor inspectors refer cases to the BPS for prosecution. In the past authorities prosecuted cases involving trafficked individuals and won convictions. There were anecdotal reports of forced child labor in cattle herding and in domestic servitude (see section 7.c.). Members of the San community, including children, were sometimes subjected to forced labor conditions on cattle farms in the Ghanzi district. The law prescribed penalties that were not commensurate with comparable serious crimes.

The law punishes with compulsory prison labor any willful breach of a contract of employment by an employee who is acting either alone or in combination with others if such breach affects the operation of essential services. Sentences of imprisonment involving compulsory prison labor may be imposed on any person who prints, makes, imports, publishes, sells, distributes, or reproduces any publication prohibited by the president “in his absolute discretion” as being “contrary to the public interest.” Similar sentences may be imposed concerning seditious publications and on any person who manages, or is a member of, or in any way takes part in the activity of an unlawful society, particularly of a society declared unlawful as being “dangerous to peace and order.” The provisions are worded in terms broad enough to allow punishment for the expression of views, and insofar as they are enforceable with sanctions involving compulsory labor, they are incompatible with international standards. A prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

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

The law prohibits the worst forms of child labor.

The minimum age for work is 15, but children as young as 14 may be employed in light work that is “not harmful to (their) health and development” and is approved by a parent or guardian. The law, however, does not define the types of permitted light work activities. The law provides that work shall not exceed six hours per day when a child is not in school and five hours when a child is in school, but only on vacation days between the hours of 6 a.m. and 4 p.m. Although the law prohibits night work and hazardous underground work for children, it does not cover hazardous activities, such as the use of dangerous machinery, tools, and equipment. In addition the law establishes the right of children to be protected from sexual exploitation, including through prostitution and the production of pornography (see section 6).

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing child labor laws and policies in all sectors, but its resources were too limited for effective oversight in remote areas. District and municipal councils have child welfare divisions, which are also responsible for enforcing child labor laws. Other involved government entities included offices within the Ministry of Basic Education and the Ministry of Local Government and Rural Development. Government officials continued to address public gatherings, cautioning against the worst forms of child labor. Penalties, however, were not commensurate with those for comparable serious crimes.

Despite laws and policies designed to protect children from exploitation in the workplace, child labor occurred mostly on small-scale cattle posts or farms, where employees lived with their children in family units, particularly in the Ghanzi region. Child labor also occurred in domestic work and street vending. Civil society representatives noted in such cases where it was likely to exist, child labor resulted from a lack of awareness of the law among parents and their employers.

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

Labor laws prohibit discrimination based on race, color, tribe, place of origin, including national origin, social origin, sex, disability, language, sexual orientation or gender identity, HIV status, marital status, religion, creed, or social status. The government generally enforced these regulations, and penalties were not commensurate with comparable serious crimes.

e. Acceptable Conditions of Work

According to the Ministry of Employment, Labor Productivity, and Skills Development, the minimum hourly wage for full-time labor in the private sector was determined by sector. The minimum wage was higher than the official estimate of the poverty income level for all sectors. Formal-sector jobs generally paid well above minimum wage.

The law permits a maximum 48-hour workweek, exclusive of overtime, which is payable at time-and-a-half times the base hourly rate. In May the government froze payment for overtime work of public servants as a measure to address a budget shortfall during the COVID-19 pandemic. According to union representatives, some workers were required to perform overtime duties without compensation.

There are limited occupational safety and health (OSH) requirements. The government’s ability to enforce OSH legislation remained limited due to inadequate staffing and lack of clear ministerial jurisdictions. The law provides protection against termination for workers who verbally complain about hazardous conditions, but no specific provisions in the law allow workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment. There were no figures available on the number of industrial accidents during the year that caused the death or serious injury of workers.

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing wage, hour, and OSH standards, but the number of inspectors was not sufficient to effectively enforce the law. Penalties were not commensurate with those for similar crimes.

The primary forms of compensation for labor in the informal sector were housing and food, particularly in the agricultural and domestic service areas. Wages in the informal sector were frequently below the minimum wage. Informal-sector workers generally were covered by the same legal protections available to formal-sector workers.

Foreign migrant workers were vulnerable to exploitative working conditions, mainly in domestic labor.

The law provides for freedom of association for all workers (except members of the military, military police, and firefighters); the right to bargain collectively with some restrictions; and the right to strike. The law limits organizing at the enterprise level. By law the armed forces, military police, and firefighters may not strike. The law prohibits antiunion discrimination, including the dismissal of employees who are candidates for, or holders of, union leadership positions, and it requires employers to reinstate workers fired for union activity.

New unions must register with the Ministry of Economy, which accepts the registration unless objections are filed by other unions. The law stipulates certain restrictions, such as unicidade (in essence, one union per occupational category per city), which limits freedom of association by prohibiting multiple, competing unions of the same professional category in a single geographical area. Unions that represent workers in the same geographical area and professional category may contest registration.

The law stipulates a strike may be ruled “disruptive” by the labor court, and the union may be subjected to legal penalties if the strike violates certain conditions, such as if the union fails to maintain essential services during a strike, notify employers at least 48 hours before the beginning of a walkout, or end a strike after a labor court decision. Employers may not hire substitute workers during a legal strike or fire workers for strike-related activity, provided the strike is not ruled abusive.

The law obliges a union to negotiate on behalf of all registered workers in the professional category and geographical area it represents, regardless of whether an employee pays voluntary membership dues. The law permits the government to reject clauses of collective bargaining agreements that conflict with government policy. A 2017 law includes new collective bargaining rights, such as the ability to negotiate a flexible hourly schedule and work remotely.

Freedom of association and the right to collective bargaining were generally respected. Collective bargaining was widespread in establishments in the private sector. Worker organizations were independent of the government and political parties. In the view of expert NGOs working in this field, the government usually effectively enforced applicable laws and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of labor exploitation. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Economy publishes a “dirty list” of companies found to have employed forced labor. In April the updated list included 41 new companies and owners from a range of sectors such as coffee, mining, and fishing boats. The list is used by public and private banks to conduct risk assessments, and inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the International Labor Organization (ILO), maintained an online platform that identified hotspots for forced labor. In July the Labor Prosecutor’s Office announced it would start publishing a separate list of individuals and corporate entities convicted of trafficking in persons and slave labor.

The Ministry of Economy’s Mobile Labor Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and Federal Police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, raising livestock, and other agricultural activities. Forced labor often involved young men drawn from the less-developed northeastern states–Maranhao, Piaui, Tocantins, and Ceara–and the central state of Goias to work in the northern and central-western regions of the country. In addition there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, particularly Bolivia, Peru, and Paraguay, while others came from Haiti, South Korea, and China.

Media also reported cases of forced labor of domestic workers in wealthy urban households. In June authorities discovered a 61-year-old woman working as a domestic servant under forced labor conditions for a wealthy family in a rich Sao Paulo neighborhood. According to media reports, she had worked without the proper salary, and at times for no salary, for the family since 1998. After several media outlets reported the female employer was an Avon executive, the cosmetic company fired her and posted on social media that they would provide housing for the victim, who would also receive unemployment insurance from the government. The accused couple was arrested and then released on bail. All of their bank accounts and assets were frozen.

In 2019 authorities conducted 45 labor inspections and identified 1,054 victims of slave labor, including 20 child victims of slave labor, compared with 44 labor inspections, and the identification of 1,745 victims of slave labor, including 28 child victims of slave labor in 2018. Officials issued administrative penalties to 106 employers guilty of slave labor, compared with 100 employers in 2018. Between January and June, labor inspectors in the state of Ceara received 26 complaints involving child labor, a 62-percent increase from the same period in 2019. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping.

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

The law prohibits all of the worst forms of child labor. Prohibitions against child sex trafficking require the use of threats, violence, coercion, fraud, or abuse, which does not meet international standards. The minimum working age is 16, but apprenticeships may begin at age 14. The law bars all minors younger than 18 from work that constitutes a physical strain or occurs in unhealthy, dangerous, or morally harmful conditions. Hazardous work includes an extensive list of activities within 13 occupational categories, including domestic service, garbage scavenging, and fertilizer production. The law requires parental permission for minors to work as apprentices.

On June 28, a superior court decided that the years worked in child labor in rural areas would be counted towards the minimum needed to receive retirement benefits. The court highlighted that although child labor is illegal, it would be unfair to not count the years worked in such harmful conditions.

The Ministry of Economy’s Special Mobile Inspection Group is responsible for inspecting worksites to enforce child labor laws. Penalties were insufficient to deter violations. Most inspections of children in the workplace were driven by complaints brought by workers, teachers, unions, NGOs, and media. Due to legal restrictions, labor inspectors remained unable to enter private homes and farms, where much of the child labor allegedly occurred. The government did not always effectively enforce the law. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping. Between March and May, when most states were under mandatory social distancing measures, labor inspectors uncovered 63 cases of child labor, compared with 176 during the same period in 2019. On June 3, labor authorities used hip-hop music to raise awareness about child labor during a national campaign to address the concern that the COVID-19 pandemic and economic consequences could push more adolescents into exploitative work situations. Rappers Emicida and Drik Barbosa performed the campaign’s theme song, which was shared in a weekly podcast and in 12 social media videos about child slavery.

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

Labor laws and regulations prohibit discrimination on the basis of race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Economy implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, working hours, occupations, tasks, and career advancement, according to NGO representatives, the law was rarely enforced, and discrimination existed.

e. Acceptable Conditions of Work

The law provides for a minimum wage. The minimum wage was greater than the official poverty income level. According to the Brazilian Institute of Geography and Statistics, however, in 2018 the per capita income of approximately 60 percent of workers was below the minimum wage. The Ministry of Economy verified enforcement of minimum wage laws as part of regular labor inspections. Penalties alone were not sufficient to deter violations.

The law limits the workweek to 44 hours and specifies a weekly rest period of 24 consecutive hours, preferably on Sundays. The law also provides for paid annual vacation, prohibits excessive compulsory overtime, limits overtime to two hours per workday, and stipulates that hours worked above the monthly limit must be compensated with at least time-and-a-half pay; these provisions generally were enforced for all groups of workers in the formal sector. The constitution also provides for the right of domestic employees to work a maximum of eight hours of per day and 44 hours per week, a minimum wage, a lunch break, social security, and severance pay.

The Ministry of Economy sets occupational, health, and safety standards that are consistent with internationally recognized norms, although unsafe working conditions were prevalent throughout the country, especially in construction. The law requires employers to establish internal committees for accident prevention in workplaces. It also provides for the protection of employees from being fired for their committee activities. Workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment, although those in forced labor situations without access to transportation were particularly vulnerable to situations that endangered their health and safety. In the view of expert NGOs working in this field, officials enforced occupational safety and health (OSH) laws. Penalties for violations of OSH laws were commensurate with those for crimes, such as negligence. Inspectors have the authority to make unannounced inspections and initiate sanctions.

The Ministry of Economy addressed problems related to acceptable conditions of work such as long workdays and unsafe or unhygienic work conditions. Penalties for violations include fines that vary widely depending on the nature of the violation. Fines were generally enforced and were sometimes sufficient to deter violations. The National Labor Inspection School held various virtual training sessions for labor inspectors throughout the year. The number of labor inspectors was insufficient to deter violations.

The law provides for the right of workers to form and join unions, with significant oversight by the Registrar of Trade Unions. It does not provide for collective bargaining and prohibits strikes. The law prohibits employers from discriminating against workers for union activities, but it does not provide for reinstatement for dismissal related to union activity. There were no unions or worker organizations in the country.

By law unions must register with the government under the same process and are subject to the same laws as other organizations (see section 2.b., Freedom of Association). All unions that do not register with the Trade Union Registrar face penalties. The registrar is prohibited from registering unions whose pursuit is unlawful, where there is already a union deemed to be representative, or if it represents more than one industry. While the law permits the formation of trade union federations, as long as they are of the same sector, it forbids affiliation with international labor organizations unless the minister of home affairs and the ministry’s Department of Labor consent. The law prescribes the use of trade union funds, prohibiting contributions to political parties or payment of court penalties. The law requires officers of trade unions to be “bona fide” (without explanation), which has been interpreted to allow authorities broad discretion to reject officers and require that such officers have been employed in the trade for a minimum of two years.

Penalties for violating laws on unions include fines, imprisonment, or both. Penalties were commensurate with those for other laws involving denials of civil rights.

In the absence of unions or worker organizations, there were no reports of government enforcement of laws respecting their establishment or operation. NGOs were involved in labor issues, such as wages, contracts, and working conditions. These NGOs largely operated openly in cooperation with relevant government agencies, but they reported avoiding confrontation with the government and engaged in self-censorship.

The law prohibits all forms of forced or compulsory labor, although the government did not effectively enforce the law, and forced labor occurred. Convictions for forced labor could lead to penalties including fines, imprisonment, and caning, but most cases alleging forced labor were settled out of court. Penalties were seldom applied. Penalties were commensurate with those for analogous serious crimes such as kidnapping. The 2019 Antitrafficking in Persons Order and the 2019 Prevention of People Smuggling Order replaced a single law covering both offenses. The government subsequently established an interagency committee under the Prime Minister’s Office to coordinate the government’s efforts to counter human trafficking.

The government did not effectively investigate any cases of debt bondage or forced labor. The heads of specialist trafficking units within the police department continued to meet regularly to coordinate antitrafficking policy and implement the national action plan to combat trafficking, including for forced labor.

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

Although the government forbade wage deductions by employers to repay in-country agencies or sponsors and mandated that employees receive their full salaries, many migrant workers arrived in debt bondage to actors outside the country. Bangladeshi media reports indicated that widespread fraud in work visa issuance made many migrant workers–particularly an estimated 20,000 Bangladeshi nationals working mostly in the construction industry–vulnerable to exploitation and trafficking. Three local women, who were charged in November 2019 for providing false information to the Department of Immigration and National Registration on foreign workers’ visa applications, remained under investigation as of November. The accused allegedly submitted applications for foreign workers claiming that the workers would have jobs with a specific company, but the jobs did not actually exist. Under the law the charges carry a maximum sentence of seven years in prison and a substantial fine.

The sultan conducted a surprise inspection of the Immigration and Labor Departments on October 5 to address what he called “shortcomings” in the trustworthiness and efficiency of both departments. Among his concerns, the sultan raised the case of a syndicate selling fake national identification cards, intimating that immigration officials must have been complicit in the operation. In a rare explicit reference to Bangladeshi workers, the ruler also attributed the “uncontrolled influx” of foreign labor to government mismanagement in issuing employee visas.

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

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

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

The law does not prohibit all of the worst forms of child labor. The law on procuring or offering children younger than 18 for prostitution or illicit intercourse refers only to girls and not to boys.

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

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

The law restricts women from serving in certain military combat roles, such as infantry. The government’s executive training program for middle managers introduced several initiatives to increase public awareness of sexual harassment in the work place, including discussion and outreach to members of the government and private sectors as well as NGOs. Reflecting government policy, most public and many private employers showed hiring biases against foreign workers, particularly in key sectors such as oil and gas. Some LGBTI job applicants faced discrimination and were often asked directly about their sexual identity. Many foreign workers had their wages established based on national origin, with those from certain foreign countries receiving lower wages than others.

e. Acceptable Conditions of Work

The law does not set a minimum wage for the private sector. Wages were set by contract between the employee and employer and were sometimes calculated based on national origin. Many employed citizens received adequate salaries with numerous allowances, but complaints about low wages were common, especially in entry-level positions. The government found that local employees in the private sector had an average monthly compensation of BND 2,260 ($1,670), compared with BND 1,570 ($1,160) for foreign workers. Wages for employed foreign residents varied widely.

The standard workweek for most government agencies and many private companies is Monday through Thursday and Saturday. The law provides for overtime in excess of 48 hours per week. The law also stipulates an employee may not work more than 72 hours of overtime per month.

Government regulations establish and identify appropriate occupational safety and health (OSH) standards. The law clarified that the responsibility for identifying unsafe conditions lies with OSH experts, not workers. Individuals were encouraged to report violations of health and safety standards, but the law does not explicitly protect the right to remove oneself from a hazardous workplace.

The government does not effectively enforce laws on working hours or occupational safety and health. The commissioner of the Department of Labor is responsible for enforcing labor laws. The Department of Labor inspected working conditions both on a routine basis and in response to complaints. Inspectors have the authority to make unannounced inspections and initiate sanctions. The number of labor inspectors in the department was adequate to conduct mandated inspections, but inspectors failed to bring charges against some employers who violated the law. For example, following numerous inspections of workers’ accommodations, many of which were found to be unsuitable, labor inspectors did not prosecute any employers. The focus was primarily on detecting undocumented foreign workers rather than worker protection. The department has the power to terminate the licenses of abusive employers and revoke their foreign labor quotas, and it did so occasionally.

Employers who violate laws regarding conditions of service–including payment of wages, working hours, leave, and holidays–may be fined for a first offense and, for further offenses, be fined, imprisoned, or both. Penalties for violations of wage, hour, and health and safety standards were not commensurate with those such as fraud or negligence.

Foreign laborers (predominantly Filipinos, Indonesians, and Bangladeshis) dominated most low-wage professions, such as domestic service, construction, maintenance, retail, and food service, in which violations of wage, overtime, and health and safety regulations most frequently occurred.

In September the Ministry of Energy issued a stop-work order against Hengyi Industries’ refinery following an unplanned inspection of the site where it found 27 foreign workers living in illegal dormitories, 10 of whom lacked employment documents.

Government enforcement in sectors employing low-skilled labor in small-scale construction or maintenance projects was inadequate. This was especially true for foreign laborers at construction sites, where complaints of wage arrears, inadequate safety, and poor, unsafe living conditions were reported.

There were some reports of industrial accidents during the year, most commonly in the construction sector, where the labor force is overwhelmingly foreign. In August, for example, a road worker was struck and killed by a car after authorities failed to close a bridge to traffic during repairs.

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 and judicial system officials 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 Ministry of Defense, the Ministry of 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, as long as at least 50 percent of the workers support the strike. 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. In September the regional court in Ruse confirmed the labor inspectorate’s decision to sanction local company Danini, which started mass layoffs in March due to the COVID-19 pandemic without prior consultations with union representatives and representatives of the employees, as required by law, and made no efforts to negotiate an agreement with them that could reduce or mitigate the consequences of the layoffs.

In June the St. Sophia Hospital in Sofia fired nurse Maya Ilieva, leader of the Trade Union of Bulgarian Medical Specialists, who led a series of protests complaining of low pay and difficult working conditions. She was similarly dismissed from Tokuda Hospital in August 2019. In August the Trade Union of Bulgarian Medical Specialists set up a tent camp protest in front of the Health Ministry, accusing authorities of excluding medical specialists other than physicians and dentists from the latest national framework agreement on medical activities.

The government did not effectively enforce the labor law, and penalties for violations were not commensurate with those under other laws related to denials of civil rights. Penalties for discrimination carry lower fines than the fines for labor law violations. The law does not effectively protect against interference by employers in labor union activities.

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

There were some reports of families and criminal organizations subjecting children to forced work (see section 7.c.). The national antitrafficking commission reported receiving an increased number of labor exploitation complaints. The commission attributed these complaints to the increased number of persons who lost their jobs due to the coronavirus crisis and who exercised less caution in accepting employment opportunities. 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 26 cases of trafficking in persons for the purpose of labor exploitation, although that was a significant decrease from the same period in 2019.

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

The law sets the minimum age for employment at 16 and the minimum age for hazardous work at 18. 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 hazardous or harmful to the child’s development and does not interfere with the child’s education or training.

Employment of children without a work permit is a criminal offense but it is not a serious crime and carries a penalty of up to one year imprisonment or a fine. Penalties for the worst forms of child labor, however, are commensurate with those for other serious crimes. 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 50 percent decrease in legal employment of children. In 2019 the inspectorate uncovered 236 cases of child employment without prior permission, a twofold increase from 2018.

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. Children living in vulnerable situations, particularly Romani children, were exposed to harmful and exploitative work in the informal economy, mainly in agriculture, construction, and the service sector.

The law prohibits discrimination in employment and occupation with regard to nationality, ethnicity, sex, sexual orientation, race, skin 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 group status. The Commission for Protection against Discrimination reported receiving numerous discrimination complaints during the year related to employment of persons with disabilities, citing examples in which employers created hostile and threatening environments towards an employee with a disability or intentionally created mobility obstacles to push the employee to quit.

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 one 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 disability, which effectively prevented many persons with disabilities who were able to work from being hired.

The law requires equal pay for equal work. In July the Council of Ministers reported that men received 12.5 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 32 percent lower pensions. Women continued to face discrimination in regard to pension benefits and retirement. The age at which women and men can access both full and partial pension benefits was not equal, nor was the legal retirement age.

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, 64.8 percent of Roma lived in poverty, compared with 31.6 percent of Turks and 16.7 percent of ethnic Bulgarians.

e. Acceptable Conditions of Work

The law provides for a national minimum wage for all sectors of the economy that was higher than the government’s official poverty line. Labor unions criticized the government for changing the methodology for designation of the official poverty line with a view to preserving the fiscal health of the state budget while neglecting the livelihoods of vulnerable citizens. According to NGOs, giving the labor and social policy minister discretion to set the official poverty line instead of having it determined by macroeconomic factors created risks of limiting the scope of persons entitled to certain social support and could be exploited for political purposes. In July the Confederation of Independent Trade Unions of Bulgaria reported that 67 percent of households lived below the livelihood protection threshold and 28.5 percent lived below the poverty line.

In 2019 the General Labor Inspectorate reported that the cases of unpaid wages increased by 1 percent, compared with the previous year. The inspectorate maintained that its 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 contributed to the effective enforcement of correct payment of wages. During the coronavirus emergency in the first half of the year, labor inspectors compelled employers to pay 2.5 million levs ($1.5 million) out of an identified 4.5 million levs ($2.7 million) of unpaid wages.

The law prohibits excessive compulsory overtime and prohibits any 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.” The confederation 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. In December the National Assembly passed amendments increasing the amount of annual allowed overtime work within a collective agreement from 150 to 300 hours.

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 workweek. The government did not effectively enforce minimum wage and overtime laws. Penalties for violations were commensurate with those of similar violations. The number of labor inspectors was insufficient to enforce compliance.

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, 51.8 percent involved safety and health requirements. According to the labor inspectorate, its activity over the past several years increased compliance to 93 percent of inspected companies. Penalties for violations were commensurate with those of other similar laws. Inspectors had the authority to conduct unannounced inspections and initiate sanctions.

Legal protections and government inspections did not cover informal workers in the gray-market economy, which, according to the National Statistical Institute, accounted for 21 percent of the country’s GDP in 2019. In September the Confederation of Independent Trade Unions of Bulgaria said it expected the share of the gray economy to increase as a result of the coronavirus pandemic. During the two-month state of emergency, the law allowed employers to assign teleworking and work at home and force workers to use half of their accrued annual leave. The law also lifted the overtime work ban for workers and civil servants who assisted the health-care system and police.

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 nine months of the year decreased by almost 19 percent over the same period in 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 2019 had such risk assessments, and 98 percent of those had programs to eliminate the identified risks.

There were 55 work-related deaths as of October, mainly in the construction and transportation sectors, nearly comparable to the 50 deaths reported from January through September 2019.

The law allows workers to form and join independent unions, except for public employees and essential workers, such as magistrates, police, military, and other security personnel, who may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it significantly limits that right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, they must provide three days’ advance notice to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law strictly prohibits all strikes that include occupying the workplace, including nonviolent strikes. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services. The government defined essential services inconsistently with international standards, including services such as mining and quarrying, university centers, and slaughterhouses.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. International organizations reported that contract workers and agency workers faced antiunion discrimination from employers. The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law lists sanctions for violations, including warnings, penalties, suspension, or dissolution. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. Penalties were not commensurate with those for comparable offenses. Amendments to the law award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

The government generally respected freedom of association and the right to collective bargaining. The government generally respected the right of unions to conduct activities without interference. Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, which was where many worker rights violations occurred.

Protesting the government’s decision to tax civil servant benefits and allowances (known as the IUTS or Impot Unique sur les Traitements et Salaires), several thousand civil servants marched peacefully on March 7 in Ouagadougou, Bobo Dioulasso, Koudougou, and other key urban centers and went on strike March 16-20. All further union actions were suspended due to COVID-19 restrictions. After COVID-19 restrictions were lifted, the unions rallied on July 4 and went on strike July 8-9. The unions demanded the annulment of the IUTS tax, a reversal of suspensions and cuts in wages, and follow-through on past promises to increase wages.

On September 17, the minister of national education brought Bassolma Bazie to a disciplinary council for refusing to comply with his official working time. In addition to being a teacher, Bassolma Bazie was the general secretary of the General Confederation of Labor of Burkina Faso. He was also the spokesperson for the coalition of trade unions against the application of the IUTS. The unions and the workers he represented saw this disciplinary action as official harassment against the labor activist to undermine trade union freedoms.

On May 27, the Council of Ministers fired three civil servants from the Ministry of the Economy, Finance, and Development for serious acts of indiscipline during the strike by the coalition of unions against the application of the IUTS from March 16-20. These civil servants reportedly assaulted one of their colleagues for not following the call to strike. The Ministry’s Trade Union Coordination body announced a strike from September 9-11 to demand the reinstatement of the three agents. After the administrative court suspended their termination process on September 8, it suspended the strike and declared it was open to dialogue with the government for a final resolution of the reinstatement issue and other concerns contained in the platform of demands from the coalition of unions.

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. The government did not have a significant, effective program in place to address or eliminate forced labor. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking. Penalties for forced labor were commensurate with those for comparable offenses.

Forced child labor occurred in the agricultural (particularly cotton), domestic labor, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). Women from other West African countries were fraudulently recruited for employment and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes.

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

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, mining, and jobs that harm the health of a child. The law sets the minimum age for employment at 16 and prohibits children younger than age 18 from working at night, except in times of emergency. The minimum age for employment is consistent with the age for completing educational requirements, which is 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and older to perform limited activities for up to four and one-half hours per day. The law did not define the kinds of work appropriate for children younger than 16. Penalties were commensurate with those for comparable offenses.

The government undertook activities to implement the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor. The plan coordinated the efforts of several ministries and NGOs to disseminate information in local languages, increase access to services such as rehabilitation for victims, revise the penal code to address the worst forms of child labor, and improve data collection and analysis. The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor.

The government did not consistently enforce the law, in part due to the insecurity imposed by violent extremist groups. The Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked transportation and access and other resources to enforce worker safety and the minimum age law. No data were available on number of prosecutions and convictions during the year.

Child labor took place in the agricultural sector or in family-owned small businesses in villages and cities. There were no reports of children younger than age 15 employed by either government-owned or large private companies. Children also worked in the mining, trade, construction, and domestic labor sectors. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children younger than 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

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

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Penalties were commensurate with those for comparable offenses.

There were legal restrictions to women’s employment in occupations deemed arduous or “morally inappropriate” and in industries such as construction. Women were forbidden from doing work that was determined to have a health risk for their health or reproductive capacity.

Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.

e. Acceptable Conditions of Work

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. The minimum wage was less than the poverty income level.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety, to protect the physical and mental health of all their workers, and to verify that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee working for a company with fewer than 30 employees decides to remove himself due to safety concerns, a court rules on whether the employee’s decision was justified.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. Penalties for violations were commensurate with those for comparable offenses. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Employers subjected workers in the informal sector, who made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct strikes, albeit with significant restrictions. The right does not apply to defined groups of workers, including defense and national security personnel, prison administration civil servants, and judicial and legal personnel. The law also prohibits antiunion discrimination and requires the reinstatement of workers fired for union activity. Statutory limitations and other practices substantially restricted these rights. The law does not permit the creation of a union that includes both public and private sector workers or the creation of a union that includes different, even if closely related, sectors. The law requires that unions register with the government, have a minimum of 20 members, and formalize the union by submitting a constitution and bylaws. Founding members must also have clean police records. Those who form a union and carry out union activities without registration can be fined under the law. More than 100 trade unions and 12 trade union confederations were in operation, including one public sector confederation. Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister of territorial administration, who is responsible for “supervising public freedoms.”

The constitution and law provide for collective bargaining between workers and management as well as between labor federations and business associations in each sector of the economy. The law does not apply to the agricultural or informal sectors, which included most of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted. Workers who ignore procedures to conduct a strike may be dismissed or fined. Free industrial zones are subject to some labor laws, but there are several exceptions. The employers have the right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers. Some laws intended to target terrorists can impose harsh legal penalties on legitimate trade union activity.

The government and employers do not effectively enforce the applicable laws on freedom of association and the right to collective bargaining. Penalties for violations were rarely enforced and were not commensurate with those for comparable violations. Administrative judicial procedures were infrequent and subject to lengthy delays and appeals.

Collective agreements are binding until three months after a party has given notice to terminate. As in the previous year, there were no reported allegations that the minister of labor and social security negotiated collective agreements with trade unionists who had nothing to do with the sectors concerned and did not involve trade union confederations that prepared the draft agreements.

Many employers continued to use subcontractors to avoid hiring workers with bargaining rights. Major companies, including parastatal companies, reportedly engaged in the practice according to workers from Energy of Cameroon, the water company Camerounaise des Eaux, cement manufacturer Cimencam, Guinness, Aluminum Smelter, COTCO, Ecobank, and many others. Subcontracting reportedly involved all categories of personnel, from the lowest to senior levels. As a result, workers with equal expertise and experience did not always enjoy similar protections when working for the same business, and subcontracted personnel typically lacked a legal basis to file complaints.

Workers’ representatives said many workers were granted technical leave because of COVID-19, which took a heavy toll on most businesses.

Several strikes were announced. Some were called off after successful negotiations and some were carried out peacefully, while others faced some degree of repression.

In May the union of information and communications technology workers, Syntic, issued a notice to strike from May 22 to June 7 at Nexttel, the Cameroonian subsidiary of the Vietnamese company Viettel. According to Syntic, the strike was due to successive violations of the labor code and unilateral salary deductions. A March 25 decision from the minister of labor suspended the unilateral decision of Nexttel’s management to revise the conditions of employee remuneration. The company’s top management decided to punish the 31 dissenting workers by firing them. Syntic asked Nexttel to launch a tripartite dialogue, but Nexttel’s management had not yet answered the notice.

On May 7, 10 workers’ representatives to the Douala City Council were reinstated after spending 36 months without pay. The former government delegate to the city council, Fritz Ntone, suspended the 10 in 2017 after they organized a strike seeking improved working conditions, including health insurance. In 2017 the Littoral Court of Appeal’s Labor Arbitration Council issued a decision requesting the delegate to reinstate the workers’ representatives, but the delegate instead opposed the court decision and referred the issue back to the labor inspector. The case was once again referred to the region’s court of appeals. After multiple postponements, in October 2019 the court confirmed the initial decision to reinstate the workers’ representatives and pay their salaries and outstanding arrears, but the delegate did not comply. The May 7 reinstatement of the workers’ representatives was the result of several rounds of negotiations with the council executive, under the leadership of the new Douala mayor, Roger Mbassa Ndine. The negotiations resulted in the signing of a memorandum of understanding between the workers’ representatives and the council executive. Some of the former workers’ representatives believed the memorandum was not carried out in good faith in accordance with the court decision because the mayor refused to fulfill all commitments under the memorandum.

International labor and trade union organizations report a pattern of firing labor representatives.

The constitution and law prohibit all forms of forced and compulsory labor. The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent. Penalties for violations were commensurate with those for comparable crimes. The law also extends culpability for all crimes to accomplices and corporate entities. Although the statutory penalties are severe, the government did not enforce the law effectively, in part due to a lack of capacity to investigate trafficking and limited labor inspection and remediation resources. In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations, many victims of forced or compulsory labor resorted to accepting out-of-court settlements (see also section 1.g., Child Soldiers).

Anecdotal reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region continued. Many members of the Kirdi–a predominately Christian and animist ethnic group enslaved by the Muslim Fulani in the 1800s–continued to work for traditional Fulani rulers for compensation in room and board and generally low and unregulated wages, while their children were free to pursue schooling and work of their choosing. Kirdi were also required to pay local chiefdom taxes to the Fulani, as were all other subjects. The combination of low wages and high taxes (although legal) effectively constituted forced labor. While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable alternative options.

Anecdotal reports suggested that in the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitative wages to work on their farms during the harvest seasons.

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

The law prohibits most of the worst forms of child labor and sets 14 as the minimum age of employment. The law prohibits children from working at night or longer than eight hours per day. It also outlines tasks children younger than 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution. Employers are required to provide skills training to children between the ages of 14 and 18. Because compulsory education ends at the age of 12, children who were not in school and not yet 14 were particularly vulnerable to child labor. Laws relating to hazardous work for children younger than 18 are not comprehensive, since they do not include prohibitions on work underwater or at dangerous heights. Children engaged in hazardous agricultural work, including cocoa production. The law provides penalties ranging from fines to imprisonment for those who violate child labor laws. These penalties were commensurate with those for comparable crimes, such as kidnapping.

Children younger than the minimum age of employment tended to be involved in agriculture, fishing and livestock, the service industry, sex work, and artisanal gold mining. There were reports of underage children associated with nonstate armed groups in the Far North, Southwest, and Northwest Regions. In agriculture, children were exposed to hazardous conditions, including climbing trees, handling heavy loads, using machetes, and handling agricultural chemicals. Children in artisanal gold mines and gravel quarries spent long hours filling and transporting wheelbarrows of sand or gravel, breaking stones without eye protection, and digging and washing the soil or mud, sometimes in stagnant water, to extract minerals. These activities left children vulnerable to physical injuries, waterborne diseases, and exposure to mercury. Children worked as street vendors; in fishing, where they were exposed to hazardous conditions; and largely alongside families and rather than for formal employers. Children were subjected to forced begging as talibes in Koranic schools.

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

The law contains no specific provisions against or penalties for discrimination, but the constitution in its preamble provides that all persons shall have equal rights and obligations and that every person shall have the right and the obligation to work.

Discrimination in employment and occupation allegedly occurred with respect to ethnicity, HIV status, disability, gender, and sexual orientation, especially in the private sector. There were legal restrictions on women’s employment in occupations deemed arduous or “morally inappropriate” and in industries including mining, construction, factories, and energy. Members of ethnic groups often gave preferential treatment to other members of their group in business. Persons with disabilities reportedly found it difficult to secure and access employment. There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions. The government took no action to eliminate or prevent discrimination and kept no records of incidents of discrimination.

e. Acceptable Conditions of Work

The minimum wage in all sectors was greater than the World Bank’s poverty line. Premium pay for overtime ranged from 120 to 150 percent of the hourly rate, depending on the amount of overtime and whether it was weekend or late-night overtime. Despite the minimum wage law, employers often negotiated lower wages with workers, in part due to the extremely high rate of underemployment in the country. Salaries lower than the minimum wage remained prevalent in the public works sector, where many positions required unskilled labor, as well as in domestic work, where female refugees were particularly vulnerable to unfair labor practices.

The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with a maximum limit of 48 hours per week in agricultural and related activities. There are exceptions for guards and firefighters (56 hours per week), service-sector staff (45 hours per week), and household and restaurant staff (54 hours per week). The law mandates at least 24 consecutive hours of rest weekly.

The government sets health and safety standards in the workplace. The minister in charge of labor matters establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety. The regulations were not enforced in the informal sector. The labor code also mandates that every enterprise and establishment of any kind provide medical and health services for its employees. This stipulation was not enforced.

The Ministry of Labor and Social Security is responsible for enforcement of the minimum wage and workhour standards, but did not enforce the law. Penalties for violations of the law were not commensurate with those for comparable crimes, such as negligence. Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program. The government more than doubled the total number of labor inspectors, but the number was still insufficient. Moreover, the government did not provide inspectors adequate access to vehicles or computers.

Federal and some provincial laws, including related regulations and statutory instruments, provide for the right of workers in both the public and the private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. Workers in the public sector who provide essential services, including police and armed forces, do not have the right to strike but have mechanisms to provide for due process and to protect workers’ rights. Workers in essential services had recourse to binding arbitration if labor negotiations failed. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. There were no reports of antiunion discrimination or other forms of employer interference in union functions.

Federal labor law applies in federally regulated sectors, which include industries of extra provincial or international character, transportation and transportation infrastructure that cross provincial and international borders, marine shipping, port and ferry services, air transportation and airports, pipelines, telecommunications, banks, grain elevators, uranium mining and processing, works designated by the federal parliament affecting two or more provinces, protection of fisheries as a natural resource, many First Nation activities, and most state-owned corporations. These industries employed approximately 10 percent of workers.

The law requires the government and a bargaining unit to negotiate an essential services agreement defining an essential service and identifying the number and type of employees and the specific positions within the bargaining unit necessary to provide such essential service and, consequently, do not have the right to strike. If the parties are unable to agree, either party can apply to the independent Federal Public Sector Labour Relations and Employment Board for a resolution. The law also allows a bargaining unit to choose between arbitration and conciliation as the process for resolving collective bargaining disputes if it is unable to resolve the dispute directly with the employer.

Provincial and territorial governments regulate and are responsible for enforcing their own labor laws in all occupations and workplaces that are not federally regulated, leaving categories of workers excluded from statutory protection of freedom of association in several provinces. Some provinces restrict the right to strike. For example, agricultural workers in Ontario and Quebec do not have the right to organize or bargain collectively, or experience restrictions on such rights, under provincial law. Migrant workers in specific occupations, such as agriculture or caregiving, may also be exempt from minimum wage, overtime, and other labor standards protections in specific provinces.

The government generally respected freedom of association and the right of collective bargaining. The government effectively enforced applicable laws and regulations, including with remedies and penalties such as corrective workplace practices and criminal prosecution for noncompliance and willful violations. Penalties were generally sufficient to deter violations and were commensurate with those for other laws involving denials of civil rights. Administrative and judicial procedures were not subject to lengthy delays and appeals.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. The law prescribes penalties that are sufficiently stringent to deter violations. The government investigated and prosecuted cases of forced labor, including domestic servitude, and penalties were commensurate with penalties for other analogous serious crimes. The government’s efforts to identify victims and address forced labor, through both law enforcement and victim identification and protection measures, remained inadequate.

The federal government held employers of foreign workers accountable by verifying employers’ ability to pay wages and provide accommodation and, through periodic inspections and mandatory compliance reviews, ensuring that employers provided the same wages, living conditions, and occupation specified in the employers’ original job offer. The government can deny noncompliant employers the permits required to recruit foreign workers for two years and impose fines of up to C$100,000 ($77,000) per violation of the program. Some provincial governments imposed licensing and registration requirements on recruiters or employers of foreign workers and prohibited the charging of recruitment fees to workers.

There were reports that employers subjected employees with temporary or no legal status to forced labor in the agricultural sector, food processing, cleaning services, hospitality, construction industries, and domestic service. During the pandemic there were also reports that some employers barred migrant workers from leaving the work location, hired private security to prevent workers from leaving, and deducted inflated food and supply costs from their wages. NGOs reported bonded labor, particularly in the construction industry, and domestic servitude constituted the majority of cases of forced labor and that some victims had participated in the Temporary Foreign Worker Program.

In June the prime minister publicly acknowledged that the government had “not done enough” to protect migrant farm workers from the coronavirus pandemic. In August the government committed C$58.6 million ($44.9 million) to improve the health and safety of migrant farm workers, including increased inspections and better accommodations.

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

The law prohibits the worst forms of child labor. There is no federal minimum age for employment. In federally regulated sectors, children younger than age 17 may work only when they are not required to attend school under provincial legislation, provided the work does not fall under excluded categories (such as work underground in a mine, on a vessel, or in the vicinity of explosives), and the work does not endanger health and safety. Children may not work in any federally regulated sector between the hours of 11 p.m. and 6 a.m. The provinces and territories have primary responsibility for regulation of child labor, and minimum age restrictions vary by province. Enforcement occurs through a range of laws covering employment standards, occupational health and safety, education laws, and in regulations for vocational training, child welfare, and licensing of establishments for the sale of alcohol. Most provinces restrict the number of hours of work to two or three hours on a school day and eight hours on a nonschool day and prohibit children ages 12 to 16 from working without parental consent, after 11 p.m., or in any hazardous employment.

Authorities effectively enforced child-labor laws and policies, and federal and provincial labor ministries carried out child-labor inspections either proactively or in response to formal complaints. There were reports that limited resources hampered inspection and enforcement efforts. Penalties were sufficient to deter violations.

There were reports child labor occurred, particularly in the agricultural sector. There were also reports children, principally teenage girls, were subjected to sex trafficking and commercial sexual exploitation (see section 6, Children).

The law and regulations prohibit discrimination with respect to employment or occupation on the basis of race, color, sex, religion, national origin or citizenship, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases. The law does not include restrictions on women’s employment concerning working hour limits, occupations, or tasks. In June 2019 Quebec overrode constitutional protections of freedom of religion for a period of five years to pass a law that restricts the wearing of visible religious symbols–including hijabs, kippahs, turbans, and crosses–by certain public-sector employees to enforce a policy of religious neutrality in the delivery of provincial public services. Some provinces, including Quebec, New Brunswick, and Newfoundland and Labrador, as well as the Northwest Territories, prohibit employment discrimination on the grounds of social origin, “social condition,” or political opinion. The government enforced the law effectively, and penalties were sufficient to deter violations. Penalties were generally commensurate to laws related to civil rights.

Federal law requires, on a complaint basis, equal pay for equal work for four designated groups in federally regulated industries enforced through the Canadian Human Rights Commission: women, persons with disabilities, indigenous persons, and visible minorities. Ontario and Quebec have pay equity laws that cover both the public and private sectors, and other provinces require pay equity only in the public sector.

Authorities encouraged individuals to resolve employment-related discrimination complaints through internal workplace dispute resolution processes as a first recourse, but federal and provincial human rights commissions investigated and mediated complaints and enforced the law and regulations. Some critics complained the process was complex and failed to issue rulings in a timely manner. Foreign migrant workers have the same labor rights as citizens and permanent residents, although NGOs alleged discrimination occurred against migrant workers and that some refugee claimants faced language and other nonlegal barriers that made it difficult to enter the workforce.

e. Acceptable Conditions of Work

There is no national minimum wage. In 2018 the government adopted the Market Basket Measure as its first official poverty line. The income level varies based on family size and province; for example, the threshold for a family of four in Ottawa was $47,233 in 2018, the most recent date for which data was available. The government effectively enforced wage rates, and penalties were generally sufficient to deter violations.

Standard work hours vary by province, but the limit is 40 or 48 hours per week, with at least 24 hours of rest. The law requires payment of a premium for work above the standard workweek. There is no specific prohibition on excessive compulsory overtime, which is regulated by means of the required rest periods in the labor code that differ by industry. Some categories of workers have specific employment rights that differ from the standard, including commercial fishermen, oil-field workers, loggers, home caregivers, professionals, managers, and some sales staff.

Federal law provides safety and health standards for employees under federal jurisdiction. Provincial and territorial legislation provides for all other employees, including foreign and migrant workers. Standards were current and appropriate for the industries they covered. Responsibility for identifying unsafe situations resides with authorities, employers, and supervisors, not the worker. Federal, provincial, and territorial laws protect the right of workers with “reasonable cause” to refuse dangerous work and to remove themselves from hazardous work conditions, and authorities effectively enforced this right. The government also promoted safe working practices and provided training, education, and resources through the Canadian Center for Occupational Health and Safety, a federal agency composed of representatives of government, employers, and labor.

Minimum wage, hours of work, and occupational health and safety standards were effectively enforced, and penalties were commensurate with those for similar crimes. Federal and provincial labor departments monitored and effectively enforced labor standards by conducting inspections through scheduled and unscheduled visits, in direct response to reported complaints, and at random. Penalties were sufficient to deter violations. Some trade unions claimed that limited resources hampered the government’s inspection and enforcement efforts.

NGOs reported migrants, new immigrants, young workers, and the unskilled were vulnerable to violations of the law on minimum wage, overtime pay, unpaid wages, and excessive hours of work. NGOs also alleged that restrictions on the types of labor complaints accepted for investigation and delays in processing cases discouraged the filing of complaints.

According to the Association of Workers Compensation Boards of Canada, during 2018, the most recent year for which data were available, there were 1,027 workplace fatalities.

The law provides for the rights of workers, with some limitations, to form and join independent unions of their choice, bargain collectively, and conduct strikes. The law also prohibits antiunion practices and requires either back pay or reinstatement for workers fired for union activity.

Workers in the private sector and in state enterprises are provided the freedom to unionize without prior approval. Police, military personnel, and civil servants working for the judiciary are prohibited from joining unions. Union leaders are restricted from being candidates or members of congress. The Labor Directorate (DT), an independent government authority under the Ministry of Labor, has broad powers to monitor unions’ financial accounts and financial transactions. For example, unions must update their financial records daily, and ministry officials may inspect the records at any time.

The law prohibits public employees from striking, although they frequently did, including health-care workers striking for better working conditions and personal protective equipment in public hospitals amid a surge of COVID-19 patients between May and July. While employees in the private sector and workers in formal and regulated collective bargaining units have the right to strike, the law places some restrictions on this right. For example, an absolute majority of workers, rather than a majority of those voting, must approve strikes.

The law also prohibits employees of 101 private-sector companies, largely providers of services such as water and electricity, from striking, and it stipulates compulsory arbitration to resolve disputes in these companies. In addition workers employed by companies or corporations whose stoppage would cause serious damage to the health, economy, or security of the country do not have the right to strike.

Employers may not dismiss or replace employees involved in a strike. Unions must provide emergency personnel to fulfill the company’s “minimum services.” Those include the protection of tangible assets and of the company’s facilities, accident prevention, servicing the population’s basic needs, ensuring the supply of essential public services, and ensuring the prevention of environmental and sanitary damages.

The law extends unions’ rights to information, requiring large companies to disclose annual reports including balance sheets, statements of earnings, and audited financial statements. Large companies must provide any public information required by the Superintendence of Securities and Insurance within 30 days following the date when the information becomes available. Smaller companies must provide information necessary for the purposes of preparing the collective bargaining process.

While the law prior to the 2017 labor reform provided for collective bargaining rights only at the company level, the reform extended such rights to intercompany unions, provided they represent workers at employers having 50 or more employees and falling within the same economic rubric or activity. An absolute majority of all covered workers must indicate through secret ballot vote that they agree to be represented by an intercompany union in collective bargaining. Intercompany unions for workers at micro or small businesses (i.e., with fewer than 50 workers) are permitted to bargain collectively only when the individual employers all agree to negotiate under such terms. The law does not provide for collective bargaining rights for workers in public institutions or in a private institution that receives more than 50 percent of its funding from the state in either of the preceding two years, or whose budget is dependent upon the Defense Ministry. It also does not provide for collective bargaining in companies whose employees are prohibited from striking, such as in health care, law enforcement, and public utilities. Whereas the previous labor code excluded collective bargaining rights for temporary workers or those employed solely for specific tasks, such as in agriculture, construction, ports, or the arts and entertainment sector, the revised labor standards eliminate these exclusions, extending bargaining rights to apprentices and short-term employees. Executives, such as managers and assistant managers, are prohibited from collective bargaining.

The government effectively enforced applicable laws, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Nevertheless, the DT commented on the need for more inspectors. Penalties were not sufficient to deter violations. Companies are generally subject to sanctions for violations to the labor code, according to the severity of each case. Companies may receive “special sanctions” for infractions, which include antiunion practices. NGOs reported cases in labor tribunals took an average of three months to resolve. Cases involving fundamental rights of the worker often took closer to six months. NGOs continued to report it was difficult for courts to sanction companies and order remedies in favor of workers for various reasons, including if a company’s assets were in a different name or the juridical entity could not be located.

Freedom of association was generally respected. Employers sometimes did not respect the right to collective bargaining. NGOs and unions reported that companies sought to inhibit the formation of unions and avoid triggering collective bargaining rights, especially among seasonal agricultural workers and in key export sectors such as mining, forestry, and fishing, by using subcontracts and temporary contracts as well as obtaining several fiscal registration or tax identification numbers when increasing the size of the workforce. In addition subcontracted employees earned lower wages than regular employees performing the same task, and many contractors failed to provide formal employment benefits, such as social security, health care, and pensions.

Labor courts may require workers to resume work upon a determination that a strike, by its nature, timing, or duration, causes serious risk to the national economy or to health, national security, and the supply of goods or services to the population. Generally, a back-to-work order should apply only when a prolonged strike in a vital sector of the economy might endanger public safety or health, and it should apply only to a specific category of workers. In March labor court proceedings were temporarily suspended due to the COVID-19 pandemic, until safety protocols were put in place allowing remote hearings.

The law prohibits forced or compulsory labor. The government generally enforced the law effectively. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. NGOs reported many government officials responsible for identifying and assisting victims had limited resources and expertise to identify victims of labor trafficking. In addition judges often suspended or commuted sentences. The government worked to prevent and combat forced labor through its interagency antitrafficking taskforce, which included international organizations and local NGOs. The task force published and began implementation of the 2019-22 national action plan.

Labor trafficking continued to occur. Some foreign citizens were subjected to forced labor in the mining, domestic service, and hospitality sectors. Some children were forcibly employed in the agriculture, industry, and services sectors, as well as drug trade (see section 7.c.).

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

The country conforms to international standards, which dictate the minimum age for employment or work should be no less than 15. The law sets the minimum age for employment at 18, although it provides that children between 15 and 18 may work with the express permission of their parents or guardians as long as they attend school. They may perform only light work that does not require hard physical labor or constitute a threat to health or the child’s development. The law prohibits all of the worst forms of child labor.

Ministry of Labor inspectors effectively enforced regulations in the formal economy but did not inspect or enforce such regulations in the informal economy. Infractions included contracting a minor younger than age 18 without the authorization of the minor’s legal representative, failure to register a minor’s contract with the ministry, and contracting a minor younger than 15 for activities not permitted by law. Penalties were commensurate with those for analogous serious crimes, such as kidnapping.

The government devoted considerable resources and oversight to child labor policies. The Ministry of Labor and Social Welfare, through the Program Against Child Labor, led efforts to fulfill obligations of the Convention on the Rights of the Child to eradicate the worst forms of child labor. Since 2014 the ministry’s efforts focused on designing and implementing the National Strategy for the Prevention and Eradication of Child Labor and the Protection of Adolescent Workers 2015-25.

In September the Committee for the Eradication of Child Labor of the Aysen Region held a virtual workshop for staff from the Rights Protection Offices with the participation of the six teams existing in the region: Rio Ibanez, Cochrane, Chile Chico, Coyhaique, Aysen, and Cisnes. The workshop led by the Regional Ministerial Secretariat of Labor and Social Welfare and the INDH focused on the consequences produced by the COVID-19 pandemic on child labor in the southern region.

Multisector government agencies continued to participate in the National Advisory Committee to Eradicate Child Labor. The committee met regularly throughout the year and brought together civil society organizations and government agencies in a coordinated effort to raise awareness, provide services to victims, and protect victims’ rights. The Worst Forms of Child Labor Task Force, a separate entity, maintained a registry of cases and a multisector protocol for the identification, registration, and care of children and adolescents who are victims of commercial sexual exploitation. The National Tourism Service’s hotel certification procedures, developed in collaboration with the National Service for Minors, included strict norms for preventing the commercial sexual exploitation of children. This included special training for National Tourism Service staff charged with assessing and certifying hotels.

Child labor continued to be a problem in the informal economy and agriculture, primarily in rural areas. Higher numbers of violations occurred in the construction, industrial manufacturing, hotels and restaurants, and agriculture sectors.

In urban areas it was common to find boys carrying loads in agricultural loading docks and assisting in construction activities, while girls sold goods on the streets and worked as domestic servants. Children worked in the production of ceramics and books and in the repair of shoes and garments. In rural areas children were involved in caring for farm animals as well as in harvesting, collecting, and selling crops, such as wheat. The use of children in illicit activities, which included the production and trafficking of narcotics, continued to be a problem. Commercial sexual exploitation of children also continued to be a problem (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 .

The law and regulations prohibit employment discrimination based on race, sex, age, civil status, union affiliation, religion, political opinion, nationality, national extraction, social origin, disability, language, sexual orientation, or gender identity, HIV-positive status or other communicable diseases, refugee or stateless status, ethnicity or social status. The government and employers do not discriminate on the basis of refugee, stateless status, or ethnicity, but workers must have a work permit or be citizens to hold contracted jobs. The law also provides civil legal remedies to victims of employment discrimination based on race, ethnicity, nationality, socioeconomic situation, language, ideology or political opinion, religion or belief, association or participation in union organizations or lack thereof, gender, sexual orientation, gender identification, marriage status, age, affiliation, personal appearance, and sickness or physical disability. A 2017 law addresses matters related to persons with disabilities. For all public agencies and for private employers with 100 or more employees, the law requires 1 percent of jobs be reserved for persons with disabilities.

The government effectively enforced the applicable law, and penalties were commensurate to other laws related to civil rights. Authorities generally enforced the law in cases of sexual harassment, and there was no evidence of police or judicial reluctance to act. Companies may receive “special sanctions” for infractions such as denying maternity leave. Discrimination in employment and occupation continued to occur. Indigenous persons continued to experience societal discrimination in employment. Statistics regarding rates of discrimination faced by different groups were not available.

e. Acceptable Conditions of Work

The national minimum wage exceeded the poverty level. The law sets the legal workweek at six days or 45 hours. The maximum workday is 10 hours (including two hours of overtime pay), but the law provides exemptions for hours of work restrictions for some categories of workers, such as managers; administrators; employees of fishing boats; restaurant, club, and hotel workers; drivers; airplane crews; telecommuters or employees who work outside of the office; and professional athletes. The law mandates at least one 24-hour rest period during the workweek, except for workers at high altitudes, who may exchange a work-free day each week for several consecutive work-free days every two weeks. Annual leave for full-time workers is 15 workdays, and workers with more than 10 years of service are eligible for an additional day of annual leave for every three years worked. Overtime is considered to be any time worked beyond the 45-hour workweek, and workers are due time-and-a-half pay for any overtime performed.

The law establishes occupational safety and health (OSH) standards, which are applicable to all sectors. Special safety and health norms exist for specific sectors, such as mining and diving. The National Service for Geology and Mines is further mandated to regulate and inspect the mining industry. The law does not regulate the informal sector. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The DT is responsible for enforcing minimum wage and other labor laws and regulations, and penalties were commensurate with those for similar crimes. The Ministries of Health and Labor administered and effectively enforced OSH standards. Penalties for violations of OSH laws were commensurate with those for similar crimes, such as negligence. The law establishes fines for noncompliance with labor regulations, including for employers who compel workers to work in excess of 10 hours a day or do not provide adequate rest days. Companies may receive “special sanctions” for infractions such as causing irreversible injuries to an employee.

The DT did not employ a sufficient number of labor inspectors to enforce labor laws effectively throughout the country, particularly in remote areas. NGOs commented that inspectors and labor tribunal judges needed more training and that a lack of information and economic means generated an inequality between parties in cases before the tribunals. Penalties were not sufficient to deter violations, especially with larger employers. The DT worked preventively with small and medium-sized businesses to assist in their compliance with labor laws.

Minimum wage violations were most common in the real estate and retail sectors. The sectors with the most infractions in OSH standards were construction, retail, and industrial manufacturing. The service sector experienced the most accidents during the year. Immigrant workers in the agricultural sector were the group most likely to be subject to exploitative working conditions.

The law provides for the right of workers to form and join unions, bargain collectively, and conduct legal strikes, and it prohibits antiunion discrimination. Members of associated workers’ cooperatives are not allowed to form unions, since the law recognizes members of a cooperative as owners. The law prohibits members of the armed forces and police from forming or joining unions. The law provides for automatic recognition of unions that obtain 25 signatures from potential members and that comply with a registration process. Public-sector employees have the right to bargain collectively. The government and employers generally respected freedom of association and collective bargaining in practice.

The law permits associated workers’ cooperatives (CTAs), collective pacts, and union contracts. Under collective pacts, employers may negotiate accords on pay and labor conditions with workers in workplaces where no union is present or where a union represents less than one-third of employees. Law and regulations prohibit the use of CTAs and collective pacts to undermine the right to organize and bargain collectively, including by extending better conditions to nonunion workers through such pacts. Through a union contract, a company may contract a union, at times formed explicitly for this purpose, for a specific job or work; the union then in essence serves as an employer for its members. Workers who belong to a union that has a union contract with a company do not have a direct employment relationship with either the company or the union. Labor disputes for workers under a union contract may be decided through an arbitration panel versus labor courts if both parties agree.

The law does not permit members of the armed forces, police, and persons performing “essential public services” to strike. Before conducting a strike, unions must follow prescribed legal procedures, including entering into a conversation period with the employer, presenting a list of demands, and gaining majority approval in the union for a strike. The law limits strikes to periods of contract negotiations or collective bargaining and allows employers to fire trade unionists who participate in strikes or work stoppages ruled illegal by the courts.

The government has the authority to fine labor rights violators. The law stipulates that offenders repeatedly misusing CTAs or other labor relationships shall receive the maximum penalty and may be subject to losing their legal status to operate. Employers who engage in antiunion practices may also be imprisoned for up to five years, although government officials acknowledged a fine was more likely than imprisonment. Prohibited practices include impeding workers’ right to strike, meet, or otherwise associate, and extending better conditions to members of collective pacts than to union members. The penalties under the law, which are commensurate with those prescribed for other violations regarding denials of civil rights such as discrimination, would be sufficient to deter violations but were not levied consistently.

Government enforcement of applicable laws was inconsistent. Despite steps by the Ministry of Labor to strengthen its labor law inspection system, the government did not establish a consistent national strategy to protect the rights to freedom of association and collective bargaining. The government did not have in place a system to ensure timely and regular collection of fines related to these protections. Structural challenges adversely affected prosecutions, which resulted in a continued high rate of impunity for violators of these rights, including in cases of threats and violence against unionists.

In March and April, the Ministry of Labor passed multiple resolutions requiring the Vice Ministry of Labor Relations and Inspections and other labor law enforcement agencies to comply with national mandates aiming to prevent the spread of COVID-19, as well as to ensure proper oversight of petitions stemming from the labor and employment impacts of the pandemic and national lockdown. These resolutions stipulated that the labor inspectorate suspend activities entailing physical contact with parties during the national health emergency, including field-based inspections and activities of the mobile inspection units as well as hearings related to the conciliation of labor conflicts, with exceptions as determined by regional- and national-level officials. The resolutions also suspended the labor inspectorate’s review and adjudication of labor complaints, including conducting investigations and adjudicating fines and appeals, for violations not directly related to the pandemic, including illegal labor intermediation (abusive subcontracting) and freedom of association violations.

Excepted from these measures were COVID-19-related priorities such as Ministry of Labor outreach on labor law compliance, including on occupational safety and health issues, as well as administrative actions related to petitions regarding layoffs and furloughs stemming from the pandemic and lockdown. The measures established that because furloughs and layoffs had a national economic and social impact, all petitions, including those filed with the ministry’s regional offices, were centralized and handled by the ministry’s Special Investigations Unit for rigorous oversight (see section 7.e.). This unit, which is part of the labor inspectorate, has the power to investigate and impose sanctions in any jurisdiction. Under normal circumstances, the vice minister of labor relations and inspections decides on a case-by-case basis whether to assign the unit or the regional inspectors to investigate a particular worksite or review a particular case. Prior to the onset of COVID-19, the unit was reportedly overburdened with cases, resulting in denials of union requests for review. In September the Ministry of Labor passed a resolution lifting the suspension of the review and adjudication of non-COVID-19-related labor cases.

As part of its commitments under the 2011 labor action plan, the government continued to take steps to protect internationally recognized labor rights. Inspections by the Ministry of Labor for abusive subcontracting in the five priority sectors of palm oil, sugar, ports, mines, and cut flowers were, however, infrequent, prior to the COVID-19-related suspension of inspections. Critics claimed inspections lacked necessary rigor, assessed fines were not collected, and abusive subcontracting continued. Prior to the onset of COVID-19, it was unclear whether there were any new fines assessed for abusive subcontracting or for abuse of freedom of association in any of the five priority sectors. The government continued to engage in regular meetings with unions and civil society groups on these and related issues.

The Ministry of Labor, in collaboration with the International Labor Organization (ILO), continued to train labor inspectors through a virtual training campus to prepare labor inspectors to identify abusive subcontracting and antiunion conduct, among other violations. It also implemented methods, including contract and process maps, as strategic planning tools to prioritize interventions. The ministry continued to employ a telephone- and internet-based complaint mechanism to report alleged labor violations. Union members complained that the systems did not allow citizens to register anonymous complaints and noted that complaints registered through the telephone and internet systems did not result in action.

The Ministry of Labor leads a tripartite Interinstitutional Commission for the Promotion and Protection of the Human Rights of Workers, with participation by the government, organized labor groups, and the business community. As of August the commission met virtually two times during the year, once in Bogota and once in Pasto.

Judicial police, the Technical Investigation Body, and prosecutors investigating criminal cases of threats and killings are required to determine during the initial phase of an investigation whether a victim is an active or retired union member or is actively engaged in union formation and organization, but it was unclear whether they did so. It could take several months to transfer cases from regional field offices of the Attorney General’s Office to the Attorney General’s Human Rights Directorate, and cases are transferred only with the approval of the attorney general in response to direct requests, instead of automatically.

The government continued to include in its protection program labor activists engaged in efforts to form a union, as well as former unionists under threat because of their past activities. As of August the NPU was providing protection to 301 trade union leaders or members. Less than 1 percent of the NPU’s budget was dedicated to unionist protection as of August. Between January 1 and July 31, the NPU processed 193 risk assessments of union leaders or members; 150 of those individuals were assessed as facing an “extraordinary threat,” and the NPU provided them protection measures. The NPU reported that the average time needed to implement protection measures upon completion of a risk analysis was 60 days in regular cases or five days for emergency cases. NGOs complained that this length of time left threatened unionists in jeopardy.

The protection and relocation of teachers falls under the Ministry of National Education and the departmental education secretaries, but the NPU retains some responsibilities for the risk analysis and protection of family members. According to the Attorney General’s Office, through July 31, one unionized teacher was registered as a victim of homicide.

In cases of unionist killings from previous years, the pace of investigations and convictions remained slow, and high rates of impunity continued, although progress was made in the rate of case resolution. The Attorney General’s Office reported receiving 217 cases of homicides of unionists between January 2011 and July 2020. Whereas between January 2011 and August 2016, there were 20 sentences for homicides issued, between September 2016 and July 2020, an “elite group” working under a national strategy to prioritize cases of homicides against unionists reached 40 sentences. Labor groups stated more needed to be done to address impunity for perpetrators of violence against trade unionists and the large number of threat cases.

The Attorney General’s Office reported the killing of eight trade unionists through July. In 2019 the Attorney General’s Office reported 10 trade unionists killed, down from 24 in 2018. The National Union School (ENS), a labor rights NGO and think tank, reported 14 trade unionists were killed through August. The ENS and other labor groups stated that focusing on killings alone masked the true nature and scope of the violence against labor activists. Labor groups noted that in some regions, nonlethal violations continued to increase. Through August the ENS reported 38 death threats, nine nonlethal attacks, one case of forced disappearance, and seven cases of harassment.

Violence, threats, harassment, and other practices against trade unionists continued to affect the exercise of the right to freedom of association and collective bargaining.

Unions cited multiple instances in which companies fired employees who formed or sought to form new unions. Some employers continued to use temporary contracts, service agencies, and other forms of subcontracting, including cooperatives, to limit worker rights and protections. Fines assessed by the government did little to dissuade violators because fines were often not collected. The government continued to reach formalization agreements with firms engaged in abusive subcontracting or that had labor conflict during the year. In the first two months of the year, prior to the onset of COVID-19 and the related suspension of administrative actions by the Ministry of Labor, the Vice Ministry of Labor Relations and Inspections reported 62 workers benefited from six formalization agreements that the Ministry of Labor reached with employers in key sectors, including commerce, agriculture, health, and transport. During this time, however, there were no formalization agreements reached in any of the five priority sectors. Labor rights groups expressed concern that previously signed formalization agreements were not sufficiently monitored by the ministry.

Labor confederations and NGOs reported that business owners in several sectors used “simplified stock corporations” (SAS), union contracts, foundations, or temporary-service agencies in attempts to circumvent legal restrictions on cooperatives. While in theory SAS workers may exercise their right to organize and bargain collectively with SAS management, it appeared that in some cases the SAS had little or no control over the conditions of employment. The Ministry of Labor stated that a SAS, like any corporate structure, may be fined for labor violations. Labor confederations and NGOs reported these enforcement actions did not address the scope of abusive subcontracting and illegal labor intermediation in the country.

The port workers’ labor union reported Buenaventura port operators engaged in abusive subcontracting through SAS and that Ministry of Labor inspections and adjudication of cases at the Buenaventura port were ineffective in safeguarding the rights to freedom of association and collective bargaining.

The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law in all cases, and there were reports that such practices occurred. The law prescribes punishments sufficient to deter violations. The ILO noted the law permits military conscripts to be compelled to undertake work beyond that of a military nature, such as activities designed to protect the environment or natural resources.

There were reports ELN guerrillas and organized-crime gangs used forced labor, including forced child labor, in coca cultivation and illegal mining in areas outside government control as well as forced criminality, such as extortion, in urban areas. The ICBF indicated that between November 16, 1999, and July 31, 2019, the number of children and adolescents who had demobilized from illegal armed groups was 6,860, of whom 11 percent were indigenous and 8 percent Afro-Colombian.

Forced labor in other sectors, including organized panhandling, mining, agriculture (especially near the coffee belt), cattle herding, crop harvesting, forced recruitment by illegal armed actors, and domestic service, remained a serious problem. Afro-Colombians, indigenous persons, Venezuelan migrants, and inhabitants of marginalized urban areas were at the highest risk of forced labor, domestic servitude, forced begging, and forced recruitment. Authorities did not make efforts to investigate cases or increase inspections of forced labor, and officials did not have a protocol to connect labor inspectors with police or to provide guidance for front-line personnel on indicators of forced labor. This resulted in impunity for forced labor and unidentified victims without protection in critical sectors, such as floriculture, coffee production, and extractive industries.

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

The law sets the minimum age for employment at 15 and for hazardous work at 18. Children ages 15 and 16 years may work no more than 30 hours per week, and children age 17 may work no more than 40 hours per week. Children younger than 15 may work in arts, sports, or recreational or cultural activities for a maximum of 14 hours per week. In all these cases, working children and adolescents must have signed documentation filed by their parents and be approved by a labor inspector or other local authority.

The law prohibits child workers from working at night or where there is a risk of bodily harm or exposure to excessive heat, cold, or noise. The law authorizes inspectors to issue fines that would be sufficient to deter violations, but the government did not enforce the law effectively in all cases. A violation deemed to endanger a child’s life or threaten moral values may be punished by temporary or permanent closure of the establishment. Nationwide, labor inspectors are responsible for enforcing child labor laws and supervising the formal sector through periodic inspections. An estimated 80 percent of all child labor, however, occurred in the informal sector of the economy. The number of labor inspectors was insufficient to enforce the law effectively.

Government agencies carried out several activities to eradicate and prevent exploitative child labor. Prior to the COVID-19-related suspension of labor inspections in March, the Ministry of Labor conducted 215 worksite inspections to ensure that adolescent workers were employed with proper authorization and received proper protections. Through these inspections, 17 authorizations were revoked for noncompliance. With ILO assistance the government continued to improve cooperation among national, regional, and municipal governments on child labor problems. It also continued to employ a monitoring system to register working children, although the system was not always regularly updated. The government also sought to reduce demand for child labor through public awareness and training efforts, often working with international and civil society organizations.

The government, through the Ministry of Labor, followed the National Policy to Prevent and Eliminate Child Labor and Protect the Young Worker. It also continued its roundtable discussion group, which included government representatives, members of the three largest labor confederations, and civil society. The group concentrated its efforts on formalizing an integrated registration system for information on child labor that would permit public and private entities to register information about child workers.

The government, including through a cooperative agreement between the Ministry of Mines and Energy and the ICBF, continued to combat illegal mining and formalize artisanal mining production, with goals including the elimination of child labor and forced labor. Regional ICBF offices led efforts to combat child labor in mining at the local level, working with the Ministry of Labor and other government agencies to coordinate responses. The Department for Social Prosperity continued to implement the More Families in Action Program to combat poverty through conditional cash transfers, which included a specific focus on addressing child labor. In interagency child labor meetings, the Ministry of Labor reported that whichever government presence was available in the area–whether police, the ICBF, teachers, or the Administrative Department for Social Prosperity–attended to children found working in illegal mining operations. While all agencies had directives on how to handle and report child labor cases, it was unclear whether all cases were referred to the ICBF.

The ICBF continued to implement several initiatives aimed at preventing child labor, including producing an extensive section of its website designed specifically for young audiences to educate children on child labor, their rights, and how to report child labor. The Ministry of Labor continued its work with the Network against Child Labor in which the ministry operated alongside member businesses that pledged to work within the network to prevent and eradicate child labor.

Child labor remained a problem in the informal and illicit sectors. The National Administrative Department of Statistics (DANE) collected and published information on the economic activities of children between the ages of five and 17 through a module in its Comprehensive Household Economic Survey during the fourth quarter of each calendar year. According to DANE’s most recent survey, conducted in 2019, 5.4 percent of children were working, with 42 percent of those engaged in agriculture, livestock raising, fishing, and hunting, and 30 percent in commerce, hotels, and restaurant work. To a lesser extent, children were engaged in the manufacturing and transport sectors. Children also routinely performed domestic work, where they cared for children, prepared meals, tended gardens, and carried out shopping duties. DANE reported that 46 percent of children who were engaged in an employment relationship did not receive remuneration.

Significant rates of child labor occurred in the production of clay bricks, coal, coffee, emeralds, gold, grapes, coca, pome and stone fruits, pornography, and sugarcane. Forced child labor was prevalent in the production of coca. Children were also engaged in street vending, domestic work, begging, and garbage scavenging. There were reports that children engaged in child labor in agriculture, including coffee production and small family production centers in the unrefined brown sugar market. Commercial sexual exploitation of children occurred (see section 6, Children). Penalties for crimes related to the worst forms of child labor were commensurate with penalties in law for other analogous serious crimes, such as kidnapping.

Prohibitions against children working in mining and construction were reportedly largely ignored. Some educational institutions modify schedules during harvest seasons so that children may help on the family farm. Children worked in the artisanal mining of coal, clay, emeralds, and gold under dangerous conditions and in many instances with the approval or insistence of their parents. The government’s efforts to assist children working in illegal mining focused on the departments of Amazonas, Antioquia, Bolivar, Boyaca, Caldas, Cauca, Cesar, Choco, Cordoba, Cundinamarca, La Guajira, Narino, Norte de Santander, and Valle del Cauca.

There continued to be instances of child trafficking with the purpose of forced labor in informal mines and quarries, and in private homes. According to government officials and international organizations, illegal drug traders and other illicit actors recruited children, sometimes forcibly, to work in their illegal activities. The ELN and organized crime gangs forced children into sexual servitude or criminality to serve as combatants or to harvest coca (see section 1.g.). Children working in the informal sector, including as street vendors, were also vulnerable to forced labor. The ICBF identified children and adolescents who qualified for and received social services.

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

The law prohibits discrimination with respect to employment or occupation based on race, ethnicity, sex, religion, political preference, national origin or citizenship, gender, disability, language, sexual orientation or gender identity, HIV-positive status or infection with other communicable diseases, or social status. Complaints of quid pro quo sexual harassment are filed not with the Ministry of Labor but with the criminal courts. There are legal restrictions against women being in employed in the construction section. The government did not effectively enforce the law in all cases. Penalties were not commensurate with laws related to civil rights, such as election interference.

Unemployment disproportionately affected women, who faced hiring discrimination and received salaries that generally were not commensurate with their education and experience. Media reported that on average women earned 12 percent less than men for the same work. In a previous year, a senior government official estimated that 85 percent of persons with disabilities were unemployed. Afro-Colombian labor unions reported discrimination in the port sector.

e. Acceptable Conditions of Work

The legal minimum monthly wage is approximately twice the amount of the poverty line; however, almost one-half of the total workforce earned less than the minimum wage.

The law provides for a regular workweek of 48 hours and a minimum rest period of eight hours within the week. Exceptions to this may be granted by the Ministry of Labor and were frequently granted in the mining sector. The law stipulates that workers receive premium compensation for nighttime work, hours worked in excess of 48 per week, and work performed on Sundays. The law permits compulsory overtime only in exceptional cases where the work is considered essential for the company’s functioning.

The law provides for workers’ occupational safety and health (OSH) in the formal sector. The legal standards were generally up to date and appropriate for the main formal industries. The government did not effectively enforce OSH laws in all cases. The law does not cover informal-sector workers, including many mining and agricultural workers. In general the law protects workers’ rights to remove themselves from situations that endanger health or safety without jeopardy to their employment, although some violations of this right were reported during the year. In cases of formal grievances, authorities generally protected employees in this situation.

The Ministry of Labor is required to enforce labor laws in the formal sector, including OSH regulations, through periodic inspections by labor inspectors. Inspectors have the authority to perform unannounced inspections and may also initiate sanction procedures, including after opening investigations. The number of inspectors during the year was approximately the same as in 2019 and was insufficient to enforce the law effectively. The Ministry of Labor reported that as of January, 211 inspectors were in provisional status. Individual labor violations can result in penalties insufficient to deter violations. Unionists stated that more fines needed to be collected to impact occupational safety and health problems.

While the government’s labor inspectors undertook administrative actions to enforce the minimum wage in the formal sector, the government did not effectively enforce the law in the informal sector.

The government continued to promote formal employment generation. Eligibility to enroll and pay into the traditional social security system, which includes health and pension plans, is conditioned on earning the legal minimum monthly wage. In August the Ministry of Labor issued a decree implementing a National Development Plan, allowing those that earn less than the legal minimum monthly wage, often because of part-time, informal, or own-account work, to contribute to a new, parallel “social protection floor” system that includes a subsidized health plan and retirement savings plan. While employer abuse of this new system is prohibited, labor unions complained it opens the door for employers to move full-time workers into part-time positions to take advantage of the new system and announced they would legally challenge the measure.

DANE reported that in February, prior to the onset of COVID-19, 50.4 percent of workers employed in 13 principal cities and metropolitan areas were paying into the pension system. The proportion of informal workers in 23 cities and metropolitan areas surveyed was 47.9 percent, according to DANE. In February, DANE reported the national unemployment rate was 12.2 percent. The government continued to support complementary social security programs to increase the employability of extremely poor individuals, displaced persons, and the elderly. The economic impacts related to COVID-19 were significant. DANE reported that the national unemployment rate reached 19.8 percent in June, down from 21.4 percent in May, with the rate reaching 24.9 percent in the country’s 13 principal cities and metropolitan areas.

The Ministry of Labor reported being inundated with cases related to the labor and employment impacts of COVID-19. In May the ministry reported 3,271 requests from employers for permissions to lay off or furlough workers and 3,510 labor complaints related to such actions taken by employers. Labor unions, NGOs, and workers’ organizations alleged a range of labor abuses related to the fulfillment of labor contracts during the pandemic, including employers forcing workers to sign unpaid leaves of absence in lieu of authorized furloughs, dismissals without severance pay, salary reductions under threats of dismissal, and the imposition of part-time, temporary, or hourly work with negative consequences for workers’ entitlement to social security benefits. In April the Minister of Labor reported opening 2,413 investigations into these and other practices.

Nonunion workers, particularly those in the agricultural and port sectors, reportedly worked under hazardous conditions because they feared losing their jobs through subcontracting mechanisms or informal arrangements if they reported abuses. Some unionized workers who alleged they suffered on-the-job injuries complained that companies illegally fired them in retaliation for filing workers compensation claims. Only the courts may order reinstatement, and workers complained the courts were backlogged, slow, and corrupt. The Ministry of Labor may sanction a company found to have broken the law in this way, but it may offer no other guarantees to workers.

Security forces reported that illegal armed actors, including FARC dissidents, the ELN, and organized-crime groups, engaged in illegal mining of gold, coal, coltan, nickel, copper, and other minerals. Illegal mines were particularly common in the departments of Antioquia, Boyaca, Choco, Cundinamarca, and Valle del Cauca.

According to the National Mining Agency, through June 30, a total of 80 workers died as a result of accidents in the mines, the majority due to explosions, poisoned atmosphere, cave-ins, and floods. The National Mining Agency reported 82 workers killed in 2019.

The law, including related regulations and statutory instruments, provides for the right of workers, except members of police and military services, to form or join unions of their choice, provides for the right to conduct legal strikes and bargain collectively, and prohibits antiunion discrimination by employers or others against union members or organizers. The law prohibits firing workers for union activities and provides for the reinstatement of dismissed workers within eight days of winning a wrongful dismissal claim. The law allows unions in the formal sector to conduct their activities without interference. Worker organizations were independent of the government and political parties. Under the law, for a trade union to be considered representative at the business or establishment level, the union must win at least 30 percent of valid ballots cast representing at least 15 percent of registered electors. For broader organizations the trade union must have the support in one or more enterprises together employing at least 15 percent of the employees working in the occupational and geographical sector concerned. Foreigners are required to obtain residency status, which takes three years, before they may hold union office.

The law requires a protracted series of negotiations and a six-day notification period before a strike may take place, making legal strikes difficult to organize and maintain. Workers must maintain a minimum coverage in services whose interruption may endanger lives, security, or health; create a national crisis that threatens the lives of the population; or affect the operation of equipment. Additionally, if authorities deem a strike to be a threat to public order, the president has broad powers to compel strikers to return to work under threat of sanctions. Illegally striking workers may be subjected to criminal penalties, including forced labor. The president also may require that strikes in essential services go to arbitration, although the law does not describe what constitutes essential services.

Apart from large industrial farms and some trades, legal protections excluded most laborers in the informal sector, including small farms, roadside street stalls, and urban workshops.

Before collective bargaining can begin, a union must represent 30 percent of workers. Collective bargaining agreements apply to employees in the formal sector, and many major businesses and civil service sectors had them. Although the law may allow employers to refuse to negotiate, there were no complaints about this from unions pending with the Ministry of Employment and Social Protection.

The government effectively enforced the law. Penalties were commensurate with those for comparable crimes.

There were no complaints pending with the Ministry of Employment and Social Protection of antiunion discrimination or employer interference in union functions.

In March media reported the public health workers’ union threatened to strike if the government did not provide them with personal protective equipment and hazard pay, in view of the risks of contracting COVID-19. The government met the union’s demands to prevent disruption of health services.

In July union members at the government-run center for agricultural research went on strike complaining of delayed salary payments and demanding research premiums; the government refused to meet the union’s demands.

The law prohibits, and provides criminal penalties for, all forms of human trafficking, including for the purposes of forced labor or slavery. The law grants government officials broad power to requisition labor for “national economic and social promotion,” in violation of international standards. Judges may propose that defendants convicted of certain crimes perform physical labor for the benefit of the state as an alternative to incarceration, but the defendant must accept the terms of such a sentence.

The government did not effectively enforce the law. Penalties were commensurate with those for comparable crimes. The government did not provide enough resources or conduct enough inspections to enforce compliance. Forced and compulsory labor continued to occur in small-scale and commercial production of agricultural products, particularly on cocoa, coffee, pineapple, cashew, and rubber plantations, and in the informal labor sector, such as in domestic work, nonindustrial farm labor, artisanal mines, street shops, and restaurants.

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

The minimum age for employment is 16 years although the minimum age for apprenticeships is 14. The minimum age for hazardous work is 18 years. Minors younger than 18 may not work at night. Although the law prohibits the exploitation of children in the workplace, the Ministry of Employment and Social Protection did not enforce the law effectively outside the civil service and large national and multinational companies.

The National Monitoring Committee on Actions to Fight Trafficking, Exploitation, and Child Labor, chaired by the First Lady, and the Interministerial Committee for the Fight against Trafficking, Exploitation, and Child Labor are responsible for assessing government and donor actions on child labor.

The law prohibits child trafficking and the worst forms of child labor. The government took active steps to address the worst forms of child labor. In June 2019 the government launched the 2019-21 National Action Plan for the Fight against the Worst Forms of Child Labor. In July 2019, as part of the National Action Plan, the government reached an agreement with Burkina Faso to prevent unaccompanied minors from entering the country. The budget for the 2019-21 National Action Plan, although higher than the previous plan’s, has not yet been fully funded by its government and international organization partners. Periodic, standardized data collection efforts remain weak. Efforts to counter child labor in sectors besides the cocoa industry, such as palm oil, cotton, and artisanal gold mining, also remain weak. Separately from the National Action Plan, a private foundation led by the First Lady was building a shelter for victims of trafficking in the northern part of the country, after inaugurating a similar center in the southwest.

The Department of the Fight against Child Labor within the Ministry of Employment and Social Protection, along with the two antitrafficking committees, led enforcement efforts. The government’s National Action Plan calls for efforts to improve access to education and health care for children and income-generating activities for their families, as well as nationwide surveys, awareness campaigns, and other projects with local NGOs to highlight the dangers associated with child labor. The government engaged in partnerships with the International Labor Organization, UNICEF, and the International Cocoa Initiative to implement these measures.

The List of Light Work Authorized for Children between 13 and 16 Years of Age introduces and defines the concept of “socializing work,” unpaid work that teaches children to be productive members of the society. The list states that a child cannot perform any work before 7 a.m. or after 7 p.m. or during regular school hours, that light work should not exceed 14 hours a week, and that it should not involve more than two hours on a school day or more than four hours a day during vacation. In late 2016 basic education became compulsory for children aged six to 16, increasing school attendance rates and reducing the number of children looking for work.

The government did not effectively enforce the law. Child labor remained a problem, particularly in artisanal gold and diamond mines, on agricultural plantations (generally small plots), and in domestic work. Within agriculture, the worst forms of child labor were particularly prevalent in the cocoa and coffee sectors. Inspections during the year did not result in investigations into child labor crimes. Penalties were commensurate with penalties for comparable crimes but were seldom applied. The number of inspectors and resources for enforcement were insufficient to enforce the law.

Children routinely worked on family farms or as vendors, shoe shiners, errand runners, domestic helpers, street restaurant vendors, and car watchers and washers. Some girls as young as nine years old reportedly worked as domestic servants, often within their extended family networks. Children working on farms faced hazardous conditions, including risk of injury from machetes, physical strain from carrying heavy loads, and exposure to harmful chemicals. According to international organizations, child labor was reported increasingly on cashew plantations and in illegal gold mines, although no official studies had been conducted. A study released in July found that child labor in the cocoa sector had increased during the COVID-19 pandemic, which caused schools to be closed from March to May.

To help prevent child trafficking, the government regulated the travel of minors into and out of the country, requiring children and parents to provide documentation of family ties, including at least a birth certificate.

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

The constitution provides for equal access to public or private employment and prohibits any discrimination in access to or in the pursuit of employment on the basis of sex, ethnicity, or political, religious, or philosophical opinions.

The law does not prohibit discrimination based on sexual orientation. The law specifically prohibits workplace discrimination based on HIV/AIDS status but does not address other communicable diseases. The law includes provisions to promote access to employment for persons with disabilities: it stipulates that employers must reserve a quota of jobs for qualified applicants, but does not provide penalties for employment discrimination.

The government did not effectively enforce its antidiscrimination laws. Penalties were commensurate with those for comparable crimes. Human rights organizations continued to report discrimination with respect to gender, nationality, disability, and sexual orientation and gender identity. There were legal restrictions on women’s employment in certain occupations and industries, including in mining, construction, and factories, but no known limitations on working hours based on sex. The government indicated that if a woman wanted to carry out any of the work on the “prohibited list,” she needed to contact an inspector at the Ministry of Labor. While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted.

While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted.

While the law provides the same protections for migrant workers in the formal sector as it does for citizens, most faced discrimination in terms of wages and treatment.

e. Acceptable Conditions of Work

The minimum wage varied by sector. The minimum wage in all sectors exceeded the government’s estimated poverty level. The Ministry of Employment and Social Protection is responsible for enforcing the minimum wage. The government did not effectively enforce the law. Penalties were commensurate with those for similar crimes. Labor unions contributed to effective implementation of the minimum salary requirements in the formal sector. Between 80 percent and 90 percent of the total labor force worked in the informal economy, in which labor standards were generally not enforced. Labor federations advocated for just treatment under the law for workers when companies failed to meet minimum wage requirements or discriminated between classes of workers, such as women or foreign workers. The government started paying back-wages in 2019 based on a 2017 labor agreement reached with public-sector unions.

The law does not stipulate equal pay for equal work. There were no reports authorities took action to rectify the large salary discrepancies between foreign non-African employees and their African (i.e., both foreign African residents and Ivoirians) colleagues employed by the same companies.

The standard legal workweek is 40 hours. The law requires overtime pay for additional hours and provides for at least one 24-consecutive-hour rest period per week. The law does not prohibit compulsory overtime.

The law establishes occupational safety and health standards in the formal sector, while the informal sector lacks regulation. The government, through the Ministry of Employment and Social Protection, developed a 2019-21 strategic plan for conducting labor inspections in the informal sector. With support from the French government, during the year the government began conducting inspections in several industries in the informal sector, including building construction, carpentry, and hair dressing.

The law provides for the establishment of committees of occupational, safety, and health representatives responsible for verifying protection and worker health at workplaces. Such committees are to be composed of union members. The chair of a committee could report unhealthy and unsafe working conditions to the labor inspector without penalty. By law workers in the formal sector have the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment. They may utilize the inspection system of the Ministry of Employment and Social Protection to document dangerous working conditions. Authorities effectively protected employees in this situation. This labor law and related standards do not apply in the informal sector. The law does not cover several million foreign migrant workers or workers in the informal sector, who accounted for 70 percent of the nonagricultural economy.

The government did not effectively enforce the law applicable to the formal sector. Human rights organizations reported numerous complaints against employers, such as improper dismissals, uncertain contracts, failure to pay the minimum wage, and the failure to pay employee salaries. The failure to enroll workers in the country’s social security program and pay into it the amount the employer deducted from the worker’s salary was also a problem. Resources and inspection were not sufficient to enforce compliance. Administrative judicial procedures were subject to lengthy delays and appeals.

The government enforced labor protections only for salaried workers employed by the government or registered with the social security office. Penalties were commensurate with those for similar crimes, but labor inspectors reportedly accepted bribes to ignore violations.

While the law requires businesses to provide medical services for their employees, small firms, businesses in the informal sector, households employing domestic staff, and farms (particularly during the seasonal harvests) did not comply. Excessive hours of work were common. In particular, employees in the informal manufacturing sector often worked without adequate protective gear. Human rights organizations reported that working conditions in illegal gold mines remained very poor, including lack of fencing around mines, as well as large detonations and resulting deadly mudslides.

According to a 2019 government report, there were 6,000 industrial accidents between 2015 and 2017, the most recent data available. According to data provided by government officials, the San Pedro region, the country’s second largest economic hub, had an average of 400 industrial accidents per year between 2016 and 2019 due to insufficient safety oversight.

The law provides for the right of workers to form and join independent 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 of these rights exist. There are restrictions on strikes and union activity for members of the military, who are not allowed to organize or participate in a strike, while civilian employees of the military are permitted to organize but are not permitted to strike. 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 relevant laws effectively. Penalties were commensurate with similar violations. Judicial procedures were lengthy in the country overall and could hamper redress for antiunion discrimination.

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

The government effectively enforced the law. Penalties for conviction of forced labor were commensurate with other serious violations. Inspection was sufficient to enforce compliance. The government collaborated with several NGOs on public awareness programs. Following the introduction of a national action plan in 2018, prosecutions and monitoring increased, and reports and prosecutions of forced labor fell precipitously.

There were isolated reports that Romani children were at risk of forced begging (see 7.c.). Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits the worst forms of child labor. 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 age 15 may work only in special circumstances and with the approval of the ombudsperson for children. In 2019 (the last year for which data were available), there were 202 such requests, of which 195 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, the Pension System, the Family, and Social Policy; the State Inspectorate; and the ombudsperson for children are responsible for enforcing this regulation.

The government effectively enforced the law. Penalties were generally commensurate with similar violations (see also section 7.b.). There were isolated instances of violations of the child labor law. Labor inspectors identified 35 violations involving nine minors in 2019. Violations involved minors working overtime or past curfew and occurred mainly in the hospitality and construction sectors. Some children were reportedly subject to early marriage that could result in domestic servitude. Romani children were reportedly at risk of forced begging.

The law prohibits discrimination on the basis of race, color, sex, sexual orientation, marital status, family obligations, age, language, religion, political or other beliefs, national or social origin, wealth status, birth, social position or standing, political party membership or nonmembership, union or nonunion membership, or physical or mental disabilities.

The government enforced the law in all sectors, but sporadic discrimination in employment or occupation occurred on the basis of gender, disability, sexual orientation, HIV-positive status, and ethnicity, particularly for Roma. Penalties were commensurate with similar crimes, and inspection and remediation were sufficient. Some companies, state institutions, and civil society organizations, however, sometimes chose to pay a fine rather than comply with quotas for hiring persons with disabilities. 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.

The 2019 annual report of the ombudsperson for disabilities assessed limited growth of employment of persons with disabilities, putting persons with disabilities at greater risk for poverty, especially because of low salaries and pensions. The Agency for Professional Rehabilitation and Employment of Persons with Disabilities reported that in 2019 companies, state institutions, and civil society organizations had to pay 200 million kuna ($31.6 million) in fines for not satisfying hiring quotas of 3 percent of employees being persons with disabilities in workplaces with more than 20 employees. According to LGBTI advocacy organizations, 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 revealing their sexual orientation or gender identity because they were vulnerable to termination of employment or demotion.

e. Acceptable Conditions of Work

The law establishes a national minimum wage slightly above the official poverty income level. The law provides for a standard workweek of 40 hours and limits overtime to 10 hours per week and 180 hours per year.

The law establishes occupational safety and health standards that are appropriate. Responsibility for identifying unsafe situations remains with occupational safety and health experts, not the worker. Workers may remove themselves from situations that endangered health without jeopardy to their employment.

There were instances of nonpayment of wages in the hospitality and construction sectors, as well as nonpayment for overtime and holidays. The law allows employees to sue employers for wage nonpayment and provides a penalty commensurate with other similar 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 in order to bypass mandatory employer contributions to social insurance programs.

Accidents were most frequently reported in the construction sector, where foremen could be held criminally responsible for injuries or deaths resulting from safety violations.

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 for violations, which occurred primarily in the informal sector, were not commensurate with those for other similar civil rights violations. 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.

The law prohibits all forms of forced or compulsory labor. The penalties were not commensurate with those for other serious crimes. 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 and in domestic work. 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 2019, police identified six victims of labor trafficking. Some employers reportedly retained a portion of agriculture workers’ salaries as payment for accommodations, in violation of the law. In one example police arrested a 68-year-old retired police officer in July after videos posted on social media recorded by his foreign domestic worker indicated that he physically assaulted and terrorized her. Police charged him with trafficking in persons, labor exploitation, and other serious offenses. He was initially released on bail and then rearrested two weeks later after police found new evidence against him. The domestic worker was identified as a victim of trafficking and was transferred to the government shelter. A trial began September 28.

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

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 for violations were commensurate with those for other serious crimes.

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.

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 and penalties for violations were not commensurate with those for other civil rights laws. 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 overall 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 wages 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 commensurate with those for similar crimes, but laws for wages and hours were 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 December 10, it received 421 complaints from migrant workers against their employers. Of those, 406 were examined by year’s end.

The ombudsman continued to receive complaints from foreign domestic workers concerning the conditions of their employment and authorities’ handling of their requests to change employers. The ombudsman issued a report in November 2019 evaluating the government’s policies on foreign domestic workers. The report noted in particular domestic workers’ high dependence on their employers, combined with the lack of consequences for employers that violate the terms of the employment contract or physically abuse the employee, prevented domestic workers from filing complaints. Domestic workers also feared deportation. A domestic worker’s residence permit can be cancelled at the employer’s request in the event the employer files a complaint with the police about theft regardless of whether the alleged crime was investigated or proved. Some domestic workers complained their employers or employment agencies withheld their passports. The ombudsman’s report also noted that the lack of action by authorities to stop the practice encourages employers and employment agencies to continue to illegally hold domestic workers’ passports. 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 and the responsibility for identifying unsafe situations remains with safety and health experts. 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 8.5 percent of workers. The penalties for failing to comply with work safety and health laws were commensurate with those of other similar crimes.

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 had the authority to make unannounced inspections and initiate sanctions in most industries but were not allowed to inspect the working conditions of domestic workers in private households without a court warrant. Four major industrial accidents occurred during the year that caused death or serious injury of workers.

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Area Administered by Turkish Cypriots

The law provides workers with 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 may 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. The law requires reinstatement of workers fired for union activity. 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.

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 enforced applicable 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 commensurate with those for similar violations.

The Czech-Moravian Confederation of Trade Unions (CMKOS) reported violations of the labor law and trade union rules continued during the year. The 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. In 2019 a long-term union chairman was dismissed immediately after criticizing his employer’s handling of an incident in the employer’s factory, which led to the loss of workers’ lives. The employee took the case to court, where it was pending at the end of the year.

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

The law prohibits and criminalizes all forms of forced or compulsory labor, and the government effectively enforced these prohibitions. Resources, inspections, and remediation were adequate. Penalties were commensurate with those for similar violations.

Men and women from the Czech Republic, Bulgaria, Moldova, Mongolia, Nepal, Nigeria, the Philippines, Romania, Russia, Slovakia, Ukraine, and Vietnam are exploited in forced labor in the Czech Republic, typically through debt-based coercion or exploitation of other vulnerabilities, in the construction, agricultural, forestry, manufacturing, and service sectors, including in domestic work. In May the government approved a new national strategy to guide the government’s antitrafficking efforts, including addressing forced labor. It did not, however, succeed in effectively screening vulnerable populations and did not adequately identify domestic or foreign victims mainly because of the COVID-19 pandemic. Private labor agencies often used deceptive practices to recruit workers from abroad, as well as from inside the country.

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

The law prohibits the worst forms of child labor. 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 work only 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 were commensurate with those for other violations. The SBLI did not report any child labor law violations during the year.

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.

According to the ombudsperson’s report, discrimination at work accounted for the greatest number of complaints to the ombudsman in 2019 (31 percent). Similar to the previous year, most complaints in 2019 were for discrimination based on age, gender, and disability.

A survey issued in October of all 90 discrimination cases addressed by courts in 2015-19 showed that 60 percent of them were employment related, mainly on the grounds of age and gender. Overall, 46 percent of the lawsuits were filed against public employers and 19 percent concerned alleged discrimination against workers in education. Some 60 percent of complainants in labor disputes in the courts were women. The court dismissed 46 percent of employment discrimination cases.

The government effectively enforced the law. Penalties were commensurate with those for similar violations, and inspection and remediation were sufficient to enforce compliance. The SBLI conducted checks for unequal treatment and discrimination in 2019 and imposed penalties for violations of discrimination laws, mostly for noncompliance with the requirement to employ a specific number of persons with disabilities, discrimination due to health conditions, gender, and age, or the publication of discriminatory job advertisements. The SBLI recorded a slight increase in cases regarding unequal treatment and discrimination at work in 2019 (269 cases) compared with 2018 (267 cases).

Women’s salaries lagged behind men’s by approximately 22 percent. The Ministry of Labor and Social Affairs started introducing a testing tool for employers that evaluates gender pay gaps in an organization as part of the “22 percent towards equality” project. The testing tool highlights pay gaps and sensitizes management to disparities in remuneration.

Associations supporting HIV-positive individuals reported cases of employment 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.

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. Responsibility for identifying unsafe conditions remains with inspectors, who have the authority to make unannounced visits and initiate sanctions.

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

According to the CMKOS, the provisions of the employment law most frequently violated by employers in 2019 related to wages, overtime, and rest periods.

In September labor authorities and unions reported to the press that, during the COVID-19 pandemic, violations of the labor code by local companies increased. Most reported violations consisted of lowering wages in violation of employment contracts and performing layoffs under the pretense of business reorganizations. For example, employees of one metallurgy company complained that their employer ordered them to take annual leave and accept a reduction in work hours and wages, threatening to dismiss them if they did not comply.

There were 42,416 registered workplace injuries in 2019, which were 1,949 fewer than in 2018. There were 95 fatal accidents in 2019, compared with 123 in 2018. Most workplace injuries and deaths occurred in the agriculture, forestry, transport, construction, and processing industries. Fatal accidents were investigated. For example, when a worker not equipped with protective equipment fell off the roof of a building on which he was working, the SBLI concluded the employer did not take adequate technical and organizational measures to prevent the worker from falling from height and ordered compensation.

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, prohibits antiunion discrimination, and provides for reinstatement of workers fired for union activity.

The government effectively enforced the law. Resources, inspections, and remediation including supporting regulations were adequate. Penalties were commensurate with similar 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. The court determines penalties on the facts of the case and with due regard to the degree that the breach of agreement was excusable.

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.

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 commensurate with those for similar crimes. Authorities identified 17 victims of forced labor in 2019 making up one-quarter of the overall number of trafficking victims. Men and women working in agriculture, cleaning, construction, factories, hospitality, restaurant, and trucking were most likely to face conditions of forced labor.

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

The law prohibits all of the worst forms of child labor, and the government effectively enforced the law. 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 older than age 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.

The law prohibits employment discrimination, and the government generally enforced these laws effectively. The law prohibits discrimination and harassment on the basis of race, skin color, or ethnic origin; gender; religion or faith; sexual orientation; national or social origin; political views; age; and disability. The law does not explicitly prohibit discrimination based on HIV/AIDS or refugee status. Penalties for violations include fines and imprisonment and are generally commensurate with those for similar 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. Unions and employer associations negotiated minimum wages in collective bargaining agreements that 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 appropriate safety and health standards, and authorities effectively 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, are commensurate with those for similar 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 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. These groups often work in the agricultural and service sectors. DWEA registered 15 individual workplace fatalities. An annual report from DWEA showed that in 2019 a total of 42,709 occupational accidents were reported (a number that has remained flat over the previous five years). According to the report, the most frequent injury was ankle sprains and other muscle injuries, which made up 42 percent of all reported occupational accidents in 2019.

The law, with some exceptions, provides for the rights of workers to form and join trade unions of their choice, bargain collectively, and conduct legal strikes. The law prohibits the dismissal of union members from the moment a union notifies the labor inspector of its general assembly until the formation of its first executive board, the first legal steps in forming a union. Employers are not required to reinstate workers fired for union activity but are required to pay compensation and fines to such workers. According to an April 2019 El Comercio article, the number of public and private unions registered by the Ministry of Labor had increased by 32 percent since 2013. Labor unions and associations reported difficulties in registering unions in the Ministry of Labor due to excessive requirements and Ministry of Labor staff shortages.

Companies that dismiss employees attempting to form a union or that dismiss union members exercising their rights face a fine of one year’s annual salary for each individual wrongfully dismissed. Individual workers still employed may take complaints against employers to the Labor Inspection Office. Individuals no longer employed may take their complaints to courts charged with protecting labor rights. Unions may also take complaints to a tripartite arbitration board established to hear these complaints. These procedures often were subject to lengthy delays because the Ministry of Labor continued to be nonspecialized and understaffed to address all arbitration requests and appeals. Private-sector representatives alleged that boards exhibited conscious bias in favor of employees when they did convene.

All private employers with unionized employees are required to negotiate collectively when the union so requests. The law requires a minimum of 30 workers for the creation of an association, work committee, or labor union, and it does not allow foreign citizens to serve as trade union officers. In 2018 the Ministry of Labor authorized, through ministerial resolutions, eight new types of labor contracts, with specific provisions for the flower, palm, fishing, livestock, and construction sectors.

The law provides for the right of private-sector employees to strike on their own behalf and conduct three-day solidarity strikes or boycotts on the behalf of other industries. The law also establishes, however, that all collective labor disputes be referred to courts of conciliation and arbitration. In 2014 the International Labor Organization (ILO) called on the government to amend this provision by limiting such compulsory arbitration to cases where both parties agree to arbitration and the strike involves the public servants who exercise authority in the name of the state or who perform essential services. Since this action requires constitutional reform, the provision had not been amended as of year’s end.

In most industries the law requires a 10-day “cooling-off” period from the time a strike is declared before it can take effect. In the case of the agriculture and hospitality industries, where workers are needed for “permanent care,” the law requires a 20-day “cooling-off” period from the day the strike is called, and workers may not take possession of a workplace. During this time workers and employers must agree on how many workers are needed to ensure a minimum level of service, and at least 20 percent of the workforce must continue to work to provide essential services. The law provides the employer may contract substitute personnel only when striking workers refuse to send the number of workers required to provide the minimum necessary services. Contracting substitute personnel is effectively impossible, however, as the law does not provide for time-limited, seasonal, hourly, or part-time contracts.

The law prohibits formation of unions and restricts the right to collective bargaining and striking of public-sector workers in “strategic sectors.” Such sectors include workers in the health, environmental sanitation, education, justice, firefighting, social security, electrical energy, drinking water and sewage, hydrocarbon production, fuel processing, transport and distribution, public transportation, and postal service and telecommunications sectors. Some of the sectors defined as strategic exceed the ILO standard for essential services. Workers in these sectors attempting to strike may face charges with penalties of two to five years’ imprisonment. The government effectively enforced the law.

All unions in the public sector fall under the Confederation of Public Servants. Although the vast majority of public-sector workers also maintained membership in labor-sector associations, the law does not allow such associations to bargain collectively or to strike. A 2015 constitutional amendment specifies that only the private sector could engage in collective bargaining.

Several unions, labor associations, and media outlets denounced the presence of military vehicles and alleged police harassment during strikes by employees of local explosives company Explocen since July 13. The strike started after five employees allegedly were dismissed in June without due compensation. The military deployed vehicles to guard the entrance to Explocen’s facilities when the strike started, and officials stated the military presence was necessary because of the national state of emergency (due to the COVID-19 pandemic) and highly dangerous nature of the materials stored and processed at the facility. Employees’ attorneys and unions denounced the protest’s “militarization.” On July 13, the Ombudsman’s Office demanded the Ministry of Labor and Explocen “stop discriminating” and threatening employees’ right to strike. The strike and military presence continued through October 27.

The government did not effectively enforce applicable laws, but penalties were commensurate with those for other laws involving denial of civil rights, such as discrimination. Employers did not always respect freedom of association and collective bargaining. Independent unions often had strong ties to political movements.

The law prohibits all forms of forced or compulsory labor, including all forms of labor exploitation; child labor; illegal adoption; servile marriage; and the sale of tissues, fluids, and genetic materials of living persons. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

The government did not effectively enforce the law. Limited resources, limited presence in parts of the country, and inadequate victim services hampered the effectiveness of police and prosecutors. NGOs and media outlets continued to report that children were being subjected to forced criminality, particularly drug trafficking and robbery.

Reports of forced labor of children (see section 7.c.) and women persisted. Observers most frequently reported women as victims of sex trafficking or of working in private homes under conditions that may amount to human trafficking. The National Police reported through August the rescue of 17 female sex trafficking victims, 19 arrests of individuals involved in trafficking in persons, and the dismantling of an international sexual exploitation network. Through August 17, consolidated government figures reported 42 trafficking-in-persons victims (80 percent of them female).

Indigenous and Afro-Ecuadorians, Colombian refugees, and Venezuelan migrants (see section 7.d.) were particularly vulnerable to human trafficking. Traffickers often recruited children from impoverished indigenous families under false promises of employment; these children were then forced to beg or to work as domestic servants, in sweatshops, or as street and commercial vendors within the country or in other South American countries. Men, women, and children were exploited in forced labor and sex trafficking abroad, including in other South American countries and the United States. The country is a destination for South and Central American women and girls exploited in sex trafficking, domestic servitude, and forced begging.

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

The law prohibits the worst forms of child labor. It sets the minimum working age for minors at 15 for all types of labor and the maximum hours a minor may work at six hours per day, five days per week. The law requires employers of minors who have not completed elementary school to give them two additional hours off from work to complete studies. The law requires employers to pay minors the same wages received by adults for the same type of employment and prohibits minors younger than age 18 from working in “dangerous and unhealthy” conditions. A 2015 ministerial accord lists 27 economic activities that qualify as dangerous and unhealthy. Other illegal activities, including slavery, prostitution, pornography, and drug trafficking, are punishable. The law identifies work that is “likely to harm the health, safety, or morals of a child,” which includes work in mines, garbage dumps, slaughterhouses, livestock, fishing, textiles, logging, and domestic service, as well as in any work environment requiring exposure to toxic or dangerous substances, dust, dangerous machinery, or loud noises.

The law establishes penalties for violations of child labor laws, including fines and closure of the business. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. If an employer commits a second child labor violation, inspectors may close the business temporarily. The law authorizes labor inspectors to conduct inspections at factories, workshops, and any other location when they consider it appropriate or when an employer or worker requests an inspection. The COVID-19 pandemic led to a partial moratorium on labor inspections, although some were still conducted. As of October 27, statistics on inspections conducted during the year were unavailable.

The government did not effectively enforce the law. The Ministries of Labor and of Economic and Social Inclusion, Rights Protection Boards, and the Minors’ Tribunals are responsible for enforcing child labor laws.

A January 2019 report by the governmental Intergenerational Equality Council indicated the provinces of Bolivar, Chimborazo, and Cotopaxi had the highest child labor rates for children between the ages of five and 14. A 2017 survey on employment and underemployment found that 3 percent of children ages five to 11 and 10.6 percent of children ages 12 to 14 worked. The survey found that child laborers were most likely in rural areas, particularly in the agricultural and ranching sectors. Although the government conducted two surveys in 2017 that included some information on child labor, the government had not conducted a nationwide child labor survey since 2012. Government, union, and civil society officials agreed that a lack of updated statistics hampered efforts in eradicating child labor.

Several labor organizations and NGOs reported that no reliable data concerning child labor in the formal employment sectors was available due to the COVID-19 pandemic. According to these groups, even before the pandemic, the government-led austerity measures affected the Ministry of Labor’s child labor eradication program, and thus the number of government inspections decreased.

The government also did not effectively enforce child labor laws in the informal sector. The COVID-19 pandemic most likely increased child labor in the informal sector, as NGO surveys and studies found an increase in children supporting family-run businesses who otherwise would attend school. The worsening national economic situation and nationwide school closures triggered by the pandemic further exacerbated this trend. The most common informal economic activity was cooking homemade meals and selling them on the streets or delivering them to customers. According to CARE International, children in rural areas were most likely found working in family-owned farms or businesses, including banana and rose farms.

As the COVID-19 pandemic led to nationwide school closures, more parents were forced to take their children to agricultural fields while the parents worked. Labor organizations reported children were largely removed from the most heavy and dangerous work. In urban areas many children younger than 15 worked informally to support themselves or to augment family income by peddling on the street, shining shoes, sorting garbage, or begging.

Local civil society organizations reported that children conducted domestic work, including paid household work. A July study by CARE International found that during the pandemic many female house cleaners took their children, mostly girls, to their place of employment to help with the mother’s household tasks, likely increasing child labor in domestic environments.

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

The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. The law prohibits employers from using discriminatory criteria in hiring, discriminating against unions, and retaliating against striking workers and their leaders. The government did not effectively enforce those laws and regulations, but penalties were commensurate with laws related to civil rights, such as election interference.

Employment discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. In 2018 the National Assembly approved a series of labor reforms for employees in the public and private sectors to prevent workplace harassment.

The National Institute for Statistics and Census (INEC) announced the unemployment rate in June was 15.7 percent for women and 11.6 percent for men, compared with 5.5 percent and 3.7 percent, respectively, in June 2019. Although INEC did not release further disaggregated gender employment information, economic analysts stressed women were disproportionately affected in some sectors hardest hit by social distancing and workhour reduction measures, including tourism, floriculture, and domestic services.

A labor association reported female health-care personnel in public hospitals nationwide were equipped with ill-fitting medical and protective equipment for treating patients diagnosed with COVID-19, as the majority of the equipment was provided in men’s sizes, although women represented nearly two-thirds of social and health-care service workers.

Afro-Ecuadorians continued to demand more opportunities in the workforce and complained that employers often profiled them based on their job application photographs and racial stereotypes. At the conclusion of a December 2019 official country visit, the UN Working Group of Experts on People of African Descent expressed concern about reports of impunity and also human rights abuses and violations against farm workers, the majority of whom were Afro-descendants, at banana plantations owned by Japanese subsidiary company Furukawa Plantations C.A. The Working Group was also concerned by “the lack of access to justice for people of African descent” seeking reparations for injuries doing agricultural work, and welcomed the Constitutional Court’s commitment to address the backlog of labor cases against agricultural employers. Indigenous and LGBTI individuals as well as persons with disabilities also experienced employment discrimination.

e. Acceptable Conditions of Work

The law provides for a minimum monthly wage, which was above the poverty income level.

The law limits the standard work period to 40 hours a week, eight hours a day, with two consecutive days of rest per week. Miners are limited to six hours a day and may only work one additional hour a day with premium pay. Premium pay is 1.5 times the basic salary for work done from 6 a.m. to midnight. Work done from midnight to 6 a.m. receives twice the basic salary, although workers whose standard shift is at night receive a premium of 25 percent instead. Premium pay also applies to work on weekends and holidays. Overtime is limited to no more than four hours a day and a total of 12 hours a week. Mandatory overtime is prohibited. The government did not effectively enforce minimum wage and overtime laws, but penalties were commensurate with those for similar crimes, such as fraud. Workers are entitled to a continuous 15-day annual vacation, including weekends, plus one extra day per year after five years of service. Different regulations regarding schedule and vacations apply to live-in domestic workers. The law mandates prison terms for employers who do not comply with the requirement of registering domestic workers with the Social Security Administration. INEC data showed the “adequate employment” rate–the proportion of the population working at least 40 hours per week or earning at or above the minimum salary of $400 per month–fell to a record low 16.7 percent through June, and the “underemployment rate” doubled from December 2019 to 34.5 percent.

On June 22, a law to address COVID-19’s impact went into effect that includes provisions allowing employers and employees to enter into force majeure agreements, although the dismissal of an employee is permitted only if the business ceased operations permanently. The law also permits employers to reduce working hours and salaries by up to 50 and 45 percent, respectively, by signing “emergency contracts” with their employees to prevent job losses. Citing government figures, media reported that as of August 20, a total of 671 companies had enrolled 5,971 workers under “emergency contracts,” with the majority of them being in the agriculture, livestock, manufacturing, and trade industries. Unions and labor organizations stated the new law enabled precarious work conditions, reduced wages below the minimum wage, and allowed unfair dismissals without due compensation because of employers’ leverage over employees desperate to keep their jobs during the COVID-19 economic slowdown.

The new law facilitates and encourages teleworking options, including a worker’s right to “disconnect” from work duties for a minimum of 12 continuous hours in a 24-hour period. On July 23, the minister of labor affirmed that more than 430,000 persons in the public and private sectors worked remotely.

The law provides for the health and safety of workers and outlines occupational safety and health (OSH) standards, which are current and appropriate for the country’s main industries. These regulations and standards were not applied in the informal sector, which employed 46.7 percent of the working population before the COVID-19 pandemic. The number of inspectors was insufficient, and the government did not effectively enforce OSH laws.

Authorities may conduct labor inspections by appointment or after a worker complaint. If a worker requests an inspection and a Ministry of Labor inspector confirms a workplace hazard, the inspector then may close the workplace. Labor inspections generally occurred because of complaints, not as a preventive measure, and inspectors could not make unannounced visits. The COVID-19 pandemic impeded in situ inspections due to social distancing measures and budgetary constraints at the Ministry of Labor. In some cases violations were remedied, but other cases were subjected to legal challenges that delayed changes for months. Penalties were not sufficient to deter violations and were often not enforced.

Some unions and labor associations alleged public- and private-sector employers sometimes failed to enforce biosecurity protocols and provide adequate protective equipment to prevent COVID-19 contagion.

The Ministry of Labor continued its enforcement reforms by increasing the number of workers protected by contracts, minimum wage standards, and registration for social security benefits.

Most workers worked in the large informal sector and in rural areas. They were not subject to the minimum wage laws or legally mandated benefits. OSH problems were more prevalent in the large informal sector. The law singles out the health and safety of miners, but the government did not enforce safety rules in informal, often illegal, small-scale mines (frequently linked to local community leaders and organized crime), which made up the vast majority of enterprises in the mining sector. Migrants and refugees were particularly vulnerable to hazardous and exploitative working conditions. According to media and labor associations, local organizations reported complaints of Venezuelans receiving below the minimum wage, particularly in the informal sector.

Workers in the formal sector could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Labor representatives said that COVID-19 complicated these protections, however, as employees and their employers sometimes had a conflicting sense on the degree of risk involved in presenting themselves for work and the extent of protective measures at the workplace, while employees feared losing employment in an economic downturn. Workers in the informal sector received far fewer labor protections, and they were less likely to be able to remove themselves from dangerous health or safety situations without jeopardy to their employment.

The law provides for the rights of workers to form and join independent unions, bargain collectively, and strike, with significant restrictions. The constitution provides for freedom of association. The law prescribes union elections every four years and imposes a strict hierarchy for union formation consisting of a company-level trade union committee, a profession, or industry-level general union, and a national-level union.

While the law provides for collective bargaining, it imposes significant restrictions. For example, the government sets wages and benefits for all public-sector employees. The law does not provide for enterprise-level collective bargaining in the private sector and requires centralized tripartite negotiations that include workers, represented by a union affiliated with the Egyptian Trade Union Federation (ETUF), business owners, and the Ministry of Manpower overseeing and monitoring negotiations and agreements. In January, 115 workers in the Mega Glass Company in Al Fayyum conducted a strike demanding better wages. The Local Ministry of Manpower officials negotiated a raise in workers’ pay with company management, resolving the strike.

The constitution provides for the right to “peaceful” strikes. The Unified Labor Law permits peaceful strikes as well, but it imposes significant restrictions, including prior approval by a general trade union affiliated with ETUF.

The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity. Labor laws do not cover some categories of workers, including agricultural and domestic workers, and other sectors of the informal economy.

The Ministry of Manpower and affiliated directorates did not allow trade unions to adopt any bylaws other than those provided in the law. This position, according to local workers’ rights organizations, was contrary to the law, which states that unions can use the statutory bylaws as guidance to develop their own.

Government enforcement of applicable laws was inconsistent, and penalties for engaging in illegal strikes are more stringent than other laws involving denial of civil rights, such as discrimination. The government also occasionally arrested workers who stage strikes or criticize the government, and it rarely reversed arbitrary dismissals. Since February authorities arrested at least 10 doctors from the Egyptian Medical Syndicate for social media posts critical of the government’s handling of the COVID-19 crisis and charged the doctors with spreading false news, misuse of social media, and membership in a banned group, according to human rights groups. In March government prosecutors extended the detention of labor union activist Khalil Rizk on charges of spreading false news, misuse of social media, and membership in a banned group. Authorities first arrested Rizk in 2019 while he was advocating for workers in a pharmaceutical factory engaged in a dispute with management over wages. In April, Aswan University, a public university, laid off 1,500 workers when the university closed due to COVID-19. In June the National Steel Fabrication Company in Suez Governorate fired six workers, including trade union leadership, and suspended another 270 workers following a dispute over compensation.

The government seldom followed the requirement for tripartite negotiations in collective disputes, leaving workers to negotiate directly with employers, typically after resorting to a strike. In March workers from Al Masryia Company for Weaving and Textile struck for alleged unpaid raises and bonuses. Management and worker representatives reached an agreement on compensation and back pay.

Independent unions continued to face pressure to dissolve. In some cases the Ministry of Manpower delayed responding to unions’ applications for legal status, leaving many in legal limbo. In other instances the Ministry of Manpower refused to legalize proposed unions if an ETUF-affiliated counterpart existed. In January, Bibliotheca Alexandria workers resubmitted documents to form a trade union committee. Their application had been pending since 2018, and they filed multiple legal and administrative complaints to local police and the Ministry of Manpower to have it reviewed. A decision on accepting its registration remained pending.

Workers sometimes staged sit-ins on government and private property, often without obtaining the necessary permits. Rights groups claimed authorities sometimes arrested those seeking to obtain protest permits. In March police in Nasr City detained 70 street cleaner workers protesting an employer who reportedly withheld their salaries for three months. Police originally accused the workers of staging an illegal assembly, but subsequently released them without charges.

A new law provides that for a period of 12 months beginning July 1, a monthly 1 percent deduction will be made from the net income of all public-sector employees, and 0.5 percent of the net income of pensioners, to fund efforts to address the economic repercussions of the COVID-19 pandemic.

The constitution states no work may be compulsory except by virtue of a law. The government did not effectively enforce the prohibition but conducted awareness raising activities such as distributing antitrafficking informational booklets to migrant laborers, and the NCW conducted a media campaign regarding the treatment of domestic workers, a population vulnerable to trafficking, and worked with NGOs to provide some assistance to victims of human trafficking, including forced labor. Penalties for forced labor and trafficking were less severe than for other analogous crimes, such as kidnapping.

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

The law does not prohibit all of the worst forms of child labor. The law sets the minimum age for regular employment at age 15 and at age 13 for seasonal employment. The constitution defines a child as anyone younger than 18. A Ministry of Manpower decree bars children younger than 18 from 44 specific hazardous occupations, while the law prohibits employment of children younger than 18 from work that “puts the health, safety, or morals of the child into danger.” Provincial governors, with the approval of the minister of education, may authorize seasonal work (often agricultural) for children age 13 and older, provided duties are not hazardous and do not interfere with schooling. The labor code and law limit children’s work hours and mandate breaks.

Overall, authorities did not consistently enforce child labor laws. The maximum penalties for violating laws against child labor were fines, while those for other analogous serious crimes such as kidnapping ranged from imprisonment to the death penalty. The Ministry of Manpower, in coordination with the NCCM and the Interior Ministry, enforced child labor laws in state-owned enterprises and private-sector establishments through inspections and supervision of factory management. Labor inspectors generally operated without adequate training on child labor issues, although the Ministry of Manpower offered some child labor-specific training. The government did not inspect noncommercial farms for child labor, and there were very limited monitoring and enforcement mechanisms for children in domestic service. When authorities imposed penalties for violations, fines were insufficient to deter violations.

Although the government often did not effectively enforce relevant laws, authorities implemented a number of social, educational, and poverty reduction programs to reduce children’s vulnerability to exploitive labor. The NCCM, working with the Ministries of Education and Technical Education and of Social Solidarity, sought to provide working children with social security safeguards and to reduce school dropout rates by providing families with alternative sources of income.

Child labor occurred, although estimates on the number of child laborers varied. According to the 2012 joint International Labor Organization and Central Agency for Public Mobilization and Statistics child labor survey, of the 1.8 million children working, 1.6 million were engaged in hazardous or unlawful forms of labor, primarily in the agricultural sector in rural areas but also in domestic work and factories in urban areas, often under hazardous conditions. Children also worked in light industry, the aluminum industry, construction sites, brick production, and service businesses such as auto repair. According to government, NGO, and media reports, the number of street children in Cairo continued to increase in the face of deteriorating economic conditions. Such children were at greater risk of sexual exploitation or forced begging. In some cases employers abused or overworked children. Children also worked in the production of limestone. On April 9, a total of 43 persons, mostly children, were injured when a truck carrying day-laborer children overturned near a security check point in the district of Abu Tesht, Qena. After an investigation, the government announced that the children worked in agriculture. Authorities charged the hiring contractor and the owner of the farm for violating laws against children engaging in the worst forms of 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 .

The constitution states all citizens “are equal in rights, freedoms, and general duties without discrimination based on religion, belief, gender, origin, race, color, language, disability, social class, political or geographic affiliation, or any other reason.” While discrimination is a civil violation, penalties for other analogous violations of civil rights, such as those related to election interference, were punishable by imprisonment. The country has legal restrictions against women in employment to include limiting working hours at night, occupations such as mining, construction, factories, agriculture, energy, and jobs deemed hazardous, arduous, or morally inappropriate. It does not specify age, citizenship, sexual orientation, gender identity, or HIV-positive status or other communicable diseases. In April 2019 the Justice Ministry started its first training course for 22 employees working at the state’s real estate departments in Giza and Cairo to use sign language to help persons with disabilities fill out documents. The training came as part of a cooperation protocol signed in January 2019 between the Justice Ministry and the newly established NCPD. While the law provides for persons with disabilities to gain access to vocational training and employment, the government did not effectively enforce prohibitions against such discrimination. Discrimination also occurred against women and migrant workers (see sections 2.d. and 6), as well as workers based on their political views.

An employee facing discrimination can file a report with the local government labor office. If the employee and the employer are unable to reach an amicable settlement, they can file their claim in administrative court, which may order the employer to redress the complaint or to pay damages or legal fees. According to local rights groups, implementation of the law was inadequate. Additionally, the lengthy and expensive litigation process could deter employees from filing claims. In January the Ministry of Culture rescinded the appointment of artist Mona Al Qammah, who wore a niqab, from a managerial position in Behira Governorate. Al Qammah told the BBC the decision to cancel her appointment came after several online posts claimed she was an ISIS sympathizer and criticized her for wearing the niqab.

Local rights groups reported several cases of employers dismissing workers or depriving them from work for expressing antigovernment opinions.

In August the Ministry of Religious Endowments revoked the preaching license of an Al Azhar preacher after accusing him of membership in the banned Muslim Brotherhood and calling for violence.

e. Acceptable Conditions of Work

Challenges to improving working conditions in both the private sector and informal sector include uneven application or lack of regulations and restrictions on engaging in peaceful protests as a means of negotiating resolutions to workplace disparities. For example, there is no national minimum wage in the private sector, but the government sets a monthly minimum wage for government employees and public-sector workers, which is above the poverty line. According to labor rights organizations, the government implemented the minimum wage for public-sector workers but applied it only to direct government employees and included benefits and bonuses in calculating total salaries. For government employees and public business-sector workers, the government also set a maximum wage limit per month. The law does not require equal pay for equal work. Penalties for violating laws on acceptable conditions of work were not commensurate with crimes such as fraud, which are punishable by imprisonment. In April the International Labor Organization Cairo Office commended the country’s efforts to combat COVID-19. The Egyptian Medical Syndicate, however, criticized a lack of personal protective equipment in hospitals and blamed a lack of COVID-19 testing for the spread of the virus among doctors. In April an international human rights organization accused private-sector garment factory owners of forcing workers to work without providing sufficient protections from contracting COVID-19 and urged the government to ensure that private-sector companies provide personal protective equipment at no cost to workers. In May a trade union NGO criticized the Ministry of Health for not providing sufficient polymerase chain reaction tests for health-care personnel and placing doctors, nurses, and their families at risk of contracting the virus.

The law stipulates a maximum 48-hour workweek for the public and private sectors and provides for premium pay for overtime and work on rest days and national holidays. The law prohibits excessive compulsory overtime. The government sets worker health and safety standards, for example, by prohibiting employers from maintaining hazardous working conditions. The law excludes agricultural, fisheries, and domestic workers from regulations concerning wages, hours, and working conditions.

The Ministry of Manpower is responsible for enforcing labor laws and standards for working conditions. The government did not effectively enforce the law. The ministry did not attempt to apply labor standards to the informal sector. Penalties include imprisonment and fine but were not sufficient to deter violations, as they were often unenforced. Labor inspectors have the authority to make unannounced inspections and initiate sanctions and did not face a moratorium on inspections during the year. The number of labor inspectors was insufficient to enforce compliance with the law.

By law workers may remove themselves from situations that endanger health or safety without jeopardy to employment, although authorities did not reliably enforce this right. In March employees at the Port Said Investment Zone warned of the spread of COVID-19 and criticized restrictions against working from home. Following the circulation of a video depicting hundreds of factory workers working in close proximity, the governor ordered the closure of five factories for 15 days. Workers continued to protest the decision not to close all factories in the investment zone.

According to media reports, laborers in some remote areas worked in extremely dangerous environments. In North Sinai, workers’ movements were restricted by local government-established curfews and checkpoints run by both the military and nonstate armed groups.

The government provided services, such as free health care, to all citizens, but the quality of services was often poor. Other benefits, such as social insurance, were available only to employees in the formal sector. According to the Central Agency for Public Mobilization and Statistics, approximately 11.9 million of the 25.7 million Egyptians in the labor force did not have formal contracts with employers and were categorized as “informal” workers. In March the Ministry of Manpower announced that workers in the informal sector who registered with the ministry were eligible to receive three monthly payments because of wages lost due to the economic slowdown caused by COVID-19. The minister of manpower stated that 400,000 informal workers had registered with the ministry.

Many persons throughout the country faced poor working conditions, especially in the informal economy, which employed up to 40 percent of workers, according to some estimates. Domestic workers, agricultural workers, workers in rock quarries, and other parts of the informal sector were most likely to face hazardous or exploitive conditions. There were reports of employer abuse of citizen and undocumented foreign workers, especially domestic workers. Little information was available on workplace fatalities and accidents.

The law provides workers the right to establish unions, affiliate with unions of their choice, and collectively bargain. The law also allows unions to conduct activities without interference. The law requires a union to have at least 50 members from a workplace to register, however, effectively blocking most union formation. The government did not generally allow unions to organize.

The government did not effectively enforce laws providing freedom of association or the right to collective bargaining. All unions must register with the government, but the registration process was costly, burdensome, opaque, and slow. The Union Organization of Small Farmers was the only legal, operational labor union. Authorities refused to recognize other unions, including the Workers Union of Equatorial Guinea, Independent Service Union, Teachers’ Trade Union Association, and the Rural Workers Organization. Most often those seeking to organize were co-opted into existing party structures by means of pressure and incentives.

The law broadly acknowledges the right to engage in strikes, but no implementing legislation defines legitimate grounds for striking. No law requires the reinstatement of workers fired for union activity, although such dismissal may fall under wrongful termination. The government has never authorized a strike.

The government did not protect the right of unions to conduct their activities without interference. Penalties were not applied but were commensurate with those for other laws involving denial of civil rights, such as discrimination.

Labor NGOs faced restrictions and were unable to operate.

The law prohibits forced or compulsory labor. The Ministry of Labor and Social Security conducted numerous workplace inspections to verify adherence to laws on forced labor. Despite creating an online tool and telephone numbers to report cases of forced labor and promoting its efforts online, the government did not effectively enforce the law or take sufficient action on ending slavery, and forced labor occurred. Penalties were commensurate with those for other analogous serious crimes and are included in the law against trafficking in persons.

Employees in the public and private sector were often paid months late. Some workers, especially those from overseas, quit their jobs because of nonpayment, having effectively worked for months without compensation.

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

The law prohibits some of the worst forms of child labor. The law prohibits employment of children younger than age 18. With the authorization of the Ministry of Labor and Social Security and their parents or guardians, however, minors between ages 16 and 18 may perform light work that does not interfere with their schooling.

Minors are permitted to work only during the day, and their workday is limited to six hours, for which they are paid the equivalent of an eight-hour daytime work rate. The penalty for employing children younger than 16 is a fine equal to 15 months of the minimum wage per minor, which is doubled for repeat infractions. Penalties are higher for minors younger than 18 who perform night work or work in hazardous environments. The government has yet to publish any list of the hazardous types of work prohibited for children.

The Ministry of Labor and Social Security is responsible for enforcing child labor laws, but labor inspectors focused mainly on the construction industry and not on child labor. The laws were not effectively enforced, and penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The government does not have data on the worst forms of child labor.

Children were reportedly transported from nearby countries–primarily Nigeria, Benin, Cameroon, Togo, and Gabon–and forced to work as domestics, market laborers, ambulant vendors, launderers, and beggars. Increasingly there were reports of local children brought from rural areas to work as domestic servants in Malabo and Bata. The government occasionally provided social services on an ad hoc basis to children found working in markets. Government officials called attention to children working in markets and as street vendors and increased oversight of this sector of the economy. The law prohibits children from working as vendors in the street in an attempt to reduce child labor.

Labor laws and regulations prohibit discrimination based on race, skin color, sex, religion, political opinion, national origin, social status, or union affiliation. Labor laws do not prohibit discrimination based on age, disability, sexual orientation, language, HIV/AIDS status, or refugee or stateless status. The government did not effectively enforce these laws and regulations. Penalties were not commensurate to laws related to civil rights. Discrimination in employment and occupation occurred with respect to political affiliation, ethnicity, sex, sexual orientation, disability, and HIV/AIDS status. Discrimination against foreign migrant workers occurred. High-ranking members of independent opposition parties were unable to find work and were barred from government employment.

The government does not have an agency responsible for the protection of persons unable to work due to permanent or temporary illness or other health conditions. The Ministry of Labor and Social Security did not effectively enforce the legal mandate to employ a specific percentage of persons with disabilities in companies with 50 employees or more, nor did the government take steps to accommodate them in the workplace.

The country continued to have large gender gaps in education, equal pay, and employment opportunities. Deep-rooted stereotypes and ethnic traditions impeded women’s employment opportunities. Women mostly worked in the informal sector, where they did not have access to benefits or social security. The lack of enforcement left women vulnerable to discrimination, but they rarely complained due to fear of reprisals. The government did not maintain accurate or updated statistics on unemployment generally, nor by segment of society.

e. Acceptable Conditions of Work

The law requires employers to pay citizens at the same rate as foreigners and to pay domestic workers not less than 60 percent of the national minimum wage. The government enforced neither requirement. The fine for wage discrimination is 15 times the monthly minimum wage and is doubled for repeat infractions. The fine for paying less than the minimum wage is 10 times the monthly minimum wage and is doubled for repeat infractions. Penalties were not commensurate with those for similar crimes.

The standard work week is eight hours a day and 48 hours a week for daytime work, six hours a day and 36 hours a week for night work, and seven hours a day and 42 hours a week for mixed day and night work. Offshore workdays are a minimum of 12 hours, of which eight hours are considered regular work and four hours are counted as overtime. The workday includes one hour for meals and breaks. The law also requires paid leave for government holidays, annual leave, and bonuses of 15 days’ pay twice yearly. Overtime is not mandatory, except as provided by law or special agreement, and is prohibited for pregnant workers. The law allows overtime for night work. Premium pay is required for overtime and holidays. Women had six weeks prematernity and postmaternity leave that could be extended for medical reasons. The law provides for two paid daily breaks of one hour each to breast feed.

Occupational safety and health (OSH) standards provide for protection of workers from occupational hazards. The Ministry of Labor and Social Security is responsible for setting and enforcing minimum wage, workweek rules, and OSH standards. The government did not effectively enforce OSH laws, and penalties for violating these laws were not commensurate with those for crimes such as negligence. The ministry does not publish the results of its OSH inspections.

The ministry conducted numerous workplace inspections to verify adherence to labor laws regarding pay, benefits, and working conditions. The small number of labor inspectors was insufficient to enforce the law effectively. When inspectors found violations, the government required some employers to correct the problem, pay fines, or pay reparations to the employees. The labor inspectorate faced a partial moratorium on inspections due to COVID-19. The law permits workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Legal protections exist for employees who are injured or killed on the job and for those who were exposed to dangerous chemicals, but these protections were generally extended only to those in the formal sector. Protections in the hydrocarbons sector exceeded minimum international safety standards.

The government did not monitor the informal sector, which employed a majority of workers. No credible data or statistics were available.

Foreigners, including migrants from other parts of Africa, Asia, and the Americas, were sometimes subjected to poor working conditions. Some workers were exposed to hazardous chemicals, supplied with insufficient safety gear, and subjected to excessively long hours. The ministry established a website in 2018 and a telephone line during the year for workers to report workplace irregularities and violations, including safety concerns and forced labor.

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 and penalties were commensurate with those for other laws involving denials of civil rights. 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 other 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.

The law prohibits forced or compulsory labor, and the government effectively enforced the law. Authorities prosecuted and convicted three persons for labor-related trafficking crimes during the year. Penalties for human trafficking and forced-labor offenses were commensurate with those for other analogous serious crimes, 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/.

The law prohibits the worst forms of child labor. In most cases, the legal minimum age for employment is 18. Minors who graduated from basic school may work full time. Children who are 15 to 17 may work, depending on whether they are 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 or working with wild animals. 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. Penalties were commensurate with those for analogous serious crimes. The Labor Inspectorate monitored whether the conditions for child workers were appropriate.

The law prohibits discrimination in employment and occupation. The government generally enforced the law, and penalties were commensurate with those under laws related to civil rights. 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. 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 government statistics, women’s average earnings per hour were 17.1 percent lower than those of men. 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, Members of National/Racial/Ethnic Minority Groups).

e. Acceptable Conditions of Work

The national monthly minimum wage was higher than the poverty income level. Authorities generally enforced minimum wage laws, and penalties were commensurate with those for similar 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 whose work 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 and penalties were commensurate with those for similar crimes. There is no prohibition against excessive compulsory overtime.

The government sets occupational health and safety standards. Authorities generally enforced 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. Inspectors have authority to make unannounced inspections and initiate sanctions. Penalties for violations were commensurate with those for similar crimes. Men from Ukraine experienced labor exploitation, particularly in the construction sector, where “envelope wages” (nontaxed cash payments) were sometimes paid. In May the government passed legislation designed to prevent this form of labor exploitation. An estimated 8 percent of wage payments during the year were informal. Officials reported six fatal workplace accidents during the first eight month of the year and 535 other accidents that led to serious injury during the same period.

The law provides all workers the right to form and join independent unions, bargain collectively, and strike.

The law prohibits some forms of antiunion discrimination, including victimizing workers or firing a worker for union membership. The law prohibits employers from using violence, intimidation, or stalking or hindering the work of an employee who has exercised any legal right under the labor code.

The law limits who may be an officer of a trade union, prohibiting noncitizens, for example, from serving as officers. The constitution prohibits union officers from becoming members of parliament. The law also limits the ability of union officers to form or join political parties and exercise other political rights.

All unions must register with the government, which has discretionary power to refuse to register any union with a name that is “offensive or racially or ethnically discriminatory.” By law the government may cancel registration of existing unions in exceptional cases.

By law any trade union with seven or more members in an industry not designated as essential may enter into collective bargaining with an employer. The law requires that parties negotiate in good faith and outlines the basic requirements of collective bargaining.

Unions may conduct secret strike ballots after giving 21 days’ notice to the Registrar of Trade Unions, and the strike may begin after the registrar supervises a secret ballot in which 50 percent of all members entitled to vote approve the strike. Workers in essential services may strike but must also notify the Arbitration Court and provide the category of workers who propose to strike, the starting date, and location of the strike. The law designates “essential service and industries” to include corporations engaged in finance, telecommunications, public sector employees, mining, transport, and the airline industry. The definition of essential services and industries also includes all state-owned enterprises, statutory authorities, and local government authorities.

The law permits the minister of employment to declare a strike unlawful and refer the dispute to the Arbitration Court. If authorities refer the matter to the court, workers and strike leaders could face criminal charges if they persist in strike action.

The government did not enforce these rights. Penalties under law for violations of freedom of association and of collective bargaining agreements include fines and imprisonment. Penalties were not commensurate with those for other laws involving denial of civil rights. Individuals, employers, and unions (on behalf of their members) may submit employment disputes and grievances alleging discrimination, unfair dismissal, sexual harassment, or certain other unfair labor practices to the Ministry of Employment, Productivity, and Industrial Relations (hereafter the employment ministry).

Relations between the government and the two trade union umbrella bodies, the Fiji Trades Union Congress and the Fiji Islands Council of Trade Unions, remained strained. In May 2019, police arrested several workers of the Water Authority of Fiji for breaching the POA when they protested the firing of many employees. Trades Union Congress general secretary Felix Anthony, the secretaries of the Fijian Teachers Association and the nurses’ union, and an officer of the National Union of Workers were also arrested. Anthony was held for 48 hours under the POA for organizing “unlawful gatherings”; in June 2019, police again arrested Anthony, charging him with breach of the POA for false statements about the expiration of water authority employment contracts and other infractions. Anthony was later released on bail, but charges remained pending, and his case has not yet been heard by the courts.

In previous years trade unions reported additional antiunion action, including unilateral voiding of collective bargaining agreements with civil servants, lockouts and threats of retaliation to prevent unions from voting on industrial action, dismissal of union members, and a pattern of systematic harassment and intimidation. There were no reports of such problems during the year, due in part to COVID-19 restrictions.

The constitution and law prohibit all forms of forced or compulsory labor.

The Office of Labor Inspectorate, police, and Department of Immigration are responsible for enforcing the law, depending on the circumstances of the case. The government did not effectively enforce the law. The law prescribes penalties that were commensurate with those for analogous serious crimes such as kidnapping.

There were reports forced labor occurred, including by children (see section 7.c.). Forced labor of adults and children occurred in the field of domestic work. Southeast Asians were subject to forced labor in manufacturing, agriculture, and fishing.

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

The law prohibits all the worst forms of child labor. Education is compulsory until age 15; the law specifies that children ages 13 to 15 may be employed on a daily wage basis in nonindustrial “light” work not involving machinery, provided they return to their parents or guardian every night. The law sets a limit of eight hours per day on child labor but does not include a list of permissible activities. Children ages 15 to 17 may work, but must have specified hours and rest breaks. They may not be employed in hazardous occupations and activities, including those involving heavy machinery, hazardous materials, mining, or heavy physical labor, the care of children, or work within security services.

The government effectively enforced child labor law, and penalties were commensurate with those for analogous serious crimes such as kidnapping. The employment ministry deployed inspectors countrywide to enforce compliance with child labor laws. The law provides for imprisonment, fines, or both, for companies that violate these provisions. The employment ministry maintains a database on child labor.

Poverty caused children to migrate to urban areas for work, increasing their vulnerability to exploitation in work as casual laborers, often with no safeguards against abuse or injury. Child labor continued in the informal sector and in hazardous work, for example, as wheelbarrow boys and casual laborers. Children engaged in hazardous work in agriculture and fishing. Commercial sexual exploitation of children occurred (see section 6, Children). Some children worked in relatives’ homes and were vulnerable to involuntary domestic servitude or forced to engage in sexual activity in exchange for food, clothing, shelter, or school fees.

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

The law prohibits employment discrimination on the basis of ethnic origin, color, place of origin, gender, sexual orientation, birth, primary language, economic status, age, disability, HIV/AIDS status, social class, marital status (including living in a relationship in the nature of a marriage), employment status, family status, opinion, religion, or belief.

The law also stipulates that every employer pay male and female workers equal pay for work of equal value. The law prohibits women working underground but places no other legal limitations on the employment of women. Workers may file legal complaints of sexual harassment in the workplace.

The government did not provide data on the enforcement of antidiscrimination provisions. Penalties for employment discrimination include fines and imprisonment and were commensurate with those for laws related to civil rights.

Discrimination in employment and wages occurred against women and persons with disabilities. Women generally received less pay than men for similar work. The nongovernmental Fiji Disabled People’s Association reported most persons with disabilities were unemployed due in significant part to discrimination by employers.

e. Acceptable Conditions of Work

There was no official poverty-level income figure, but the minimum wage did not typically provide a decent standard of living for a worker and family. The regulations stipulate all employers must display a written national minimum wage notice in their workplace to inform employees of their rights.

The employment ministry’s Office of Labor Inspectorate is responsible for enforcing the minimum wage, but the inspectorate lacked capacity to enforce the law effectively. The Employment Relations Tribunal and the Employment Court adjudicate cases of violations of minimum wage orders. The law provides for 48 hours for a six-day workweek or 45 hours for a five-day workweek. This does not apply to managerial or executive workers. There is no legal limit for overtime hours. Convictions for a breach of the minimum wage law result in a fine, imprisonment, or both. Penalties are commensurate with those for similar crimes such as fraud.

The government establishes appropriate workplace safety laws and regulations and places responsibility for identifying unsafe situations with experts, not workers. The Occupational Health and Safety Inspectorate monitored workplaces and equipment and investigated complaints from workers. The number of inspectors was sufficient to enforce compliance. Inspectors have the authority to conduct unannounced visits but cannot enter without consent and must inform the employer of his or her presence. When inspectors believe informing the employer of their presence would prejudice the inspection, they may forgo this requirement. Obstruction of an inspection can lead to a fine. Inspectors can suspend businesses deemed to pose an immediate health or safety threat or risk. Penalties are commensurate with those for similar crimes like negligence. Government enforcement of safety standards suffered from a lack of trained personnel. Delays in compensation hearings and rulings were common.

Although the law excludes mines from general workplace health and safety laws, the director of mines is responsible for inspecting all mines to provide for the health, safety, and welfare of employees. The Employment Relations Tribunal and the Employment Court decide compensation claims filed by the inspectorate on behalf of workers.

Unions generally monitored safety standards in organized workplaces, but many work areas did not meet standards, and the ministry did not monitor all workplaces for compliance. Workers in some industries, notably security, transportation, and shipping, worked excessive hours.

There were no statistics available on the frequency or type of workplace accidents. The Ministry of Employment, however, reported in mid-February that it had 1,426 workplace injury and 247 workplace death cases pending compensation adjudication. Media reported on workplace death cases. For example, in August, Rajnesh Narayn died in an accident reported at the lumber mill where he had worked for 20 years. In another case, a worker died when crushed while moving equipment in a storage yard. The employer undertook to assist local investigators.

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

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 commensurate with those for similar crimes. 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 may make nonbinding recommendations to the cabinet on ending or limiting the duration of strikes when they threaten national security. Employees prohibited from striking may use arbitration to provide for due process in the resolution of their concerns.

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 and were generally commensurate with those for similar crimes. 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/.

The law prohibits all of the worst forms of child labor but allows persons between ages 15 and 18 to enter into a valid employment contract as long as the work does not interrupt compulsory education. It provides that workers ages 15 to 18 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 commensurate with those for other similar crimes. 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.

The law broadly prohibits employment discrimination. Penalties for violations are commensurate with those for other similar crimes. The government effectively enforced applicable laws against employment discrimination.

The Occupational Safety Administration (OSHA) received 500 reports of workplace discrimination in 2019. Of the 180 reports that resulted in further inspection, 9 percent concerned ethnicity, nationality, language, or religion, a number similar to previous years, 9 percent concerned age discrimination, and 4 percent concerned disability.

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 may also be arranged so that the average is 40 hours during 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 or working hours’ offenses are subject to penalties commensurate with similar crimes. 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 could halt work on the site or issue a prohibition notice concerning the source of risk. Workers could remove themselves from situations that endanger health or safety without jeopardy to their employment.

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.

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 for violations were commensurate to those under other laws related to the denial of civil rights, 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.

During the COVID-19 pandemic, firms were required to consult labor unions before implementing organizational change in the workplace, including health and safety measures related to the sanitary crisis. Unions successfully sued firms they believed did not properly consult them. The government specifically requested proposals from labor unions on how to improve health and safety measures, optimize work schedules, and leverage teleworking capabilities. Also, labor unions were instrumental in formulating health and safety guidelines for the Labor Ministry.

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, and penalties for violations were commensurate with those for other analogous serious crimes. The government also provided financial support to NGOs that assist victims.

Men, women, and children, mainly from Eastern Europe, West Africa, and Asia, were subjected 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. In 2019 the NGO Committee against Modern Slavery assisted 200 victims of forced labor, 74 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/.

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 child sex trafficking (also see section 6, Children) and labor trafficking through 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 were commensurate with those for other analogous serious crimes.

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.

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; particularly 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 for violations were commensurate with those under other laws related to civil rights.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Romani community faced employment discrimination.

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. The companies must publish on their company websites an estimate of salary disparities between men and women. The law requires that women receive equal pay for equal work. The economic statistics institute INSEE indicated that women working the equivalent of full time earned 18.5 percent less than men in 2015, the most recent year for which data were available.

A June report on the employment and unemployment of persons with disabilities from the Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) showed a 4 percent decrease in the unemployment of persons with disabilities, compared with the same period in 2019, and represented 8.6 percent unemployment for the general population. Job seekers with disabilities were out of work for 853 days on average, compared with 650 days for the general population. They were also older, on average, than the general population: an estimated 5 percent of job seekers with disabilities were 50 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 met the workforce requirement in 2018, while the companies that did not complete the requirement contributed to a 400 million euro ($480 million) fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. Since January 1, new companies have five years to comply with the 6 percent requirement, instead of the previous 3 percent. Furthermore, under the government’s recovery plan, companies hiring workers with disabilities for a fulltime contract of at least three months between September 1 and February 28, 2021 are entitled to a yearly 4,000-euro ($4,800) bonus.

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 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 effectively enforced wage and overtime laws, and penalties for violations were commensurate with those for other similar crimes.

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, must conform to separate and clearly defined standards. The number of labor inspectors was sufficient to enforce compliance with the labor laws. Inspectors had the authority to make unannounced inspections and initiate sanctions. Disciplinary sanctions at work are strictly governed by the labor code to protect employees from abuse of power by their employers. Employees may 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 occupational safety and health violations depend on the status of the accused and generally were commensurate with those for other similar crimes.

Immigrants were more likely to face hazardous work, generally because of their concentration in sectors such as agriculture, seasonal employment, construction, and hospitality services. In 2019, 1,098 major industrial accidents occurred, according to the Ministry of Ecological Transition, causing death or serious injury to workers.

The law protects the rights of workers to form and join independent unions and to bargain collectively. The law provides for the right to strike, with restrictions. Antiunion discrimination is illegal, and the law provides for reinstatement for workers dismissed for union activities. Unions must register with the government to obtain official recognition, and the government routinely grants registration. Agreements negotiated by unions also applied to nonunion workers.

Strikes may be called only after eight days’ advance notification and only after mandatory arbitration fails. Public-sector employees’ right to strike could be restricted where the government determines it poses a threat to public safety. The law does not define the essential-services sectors in which strikes are prohibited; however, armed services are prohibited from unionizing and striking. The law prohibits government action against strikers who abide by the notification and arbitration provisions and excludes no groups from this protection. There are no special laws or exemptions from regular labor laws in the country’s two export-processing zones.

The government generally enforced applicable laws. Resources to protect the right to form unions, bargain collectively, and strike were adequate. Penalties for violations of these rights are compensatory, determined on a case-by-case basis, and commensurate with those for other laws involving denials of civil rights. Administrative and judicial procedures were sometimes delayed.

Freedom of association and the right to collective bargaining were not always respected. Some unions were politically active, and the government accused them of siding with opposition parties. The government sometimes restricted strikes.

Employers created and controlled some unions. Although antiunion discrimination is illegal, some trade unionists in both the public and private sectors complained of occasional discrimination, including the blacklisting of union members, unfair dismissals, and threats to workers who unionized. Trade union representatives complained they experienced hurdles accessing educational establishments during their efforts to represent and defend their members’ interests. Labor union leaders reported the majority of labor violations stemmed from illegal dismissals, including of workers on strike, leaving them without social security and insurance benefits.

In 2017 the Port-Gentil Court of Appeal upheld a judge’s ruling that ordered the revocation of a strike declaration by the National Organization of Oil Industry Employees (ONEP); the judge found ONEP failed to establish minimum service and that the strike constituted an unlawful disturbance. According to a government report submitted to the International Labor Organization (ILO) in 2019, ONEP did not seek review of the appeal ruling and legal proceedings were closed. The ILO responded with a request that the government open an independent investigation to establish the facts regarding ONEP’s allegations police and other security force members dispersed striking workers in 2017 using violent means that produced multiple injuries among striking workers. According to ONEP representatives, ONEP did not press the government on the matter during the year because of the COVID-19 pandemic.

On September 1, gendarmes, using teargas, dispersed and reportedly beat Ministry of Water and Forestry members of the National Union of Water and Forestry Professionals (Synapef), causing severe injuries among the striking workers. During the two-month strike, the Synapef president was arrested, held for 24 hours, and released without charge.

The law prohibits and criminalizes trafficking for the purposes of servitude or slavery. The government enforced the law more actively to combat forced labor of children. Penalties reflect the serious nature of the offense and were commensurate with those for analogous serious crimes.

Resources, inspections, and remediation were inadequate. The lack of sufficient vehicles, budget, and personnel impeded the ability of labor inspectors to investigate allegations of forced labor. Additionally, labor inspectors found it difficult to access family-owned commercial farms and private households due to inadequate roads. The government provided trafficking-in-persons training to law enforcement officers.

Boys were subject to forced labor as mechanics, as well as in work in handicraft shops and sand quarries. Boys and men were subject to forced labor in agriculture, animal husbandry, fishing, and mining. Girls and women were exploited in domestic servitude, market vending, restaurants, and commercial sexual exploitation. Conditions included very low pay and long forced hours. Migrants were especially vulnerable to forced labor (see section 7.c.).

Limited reporting suggested that illegal and unregulated foreign fishing trawlers may have engaged in the forced labor of boys. Widespread poverty resulted in the increased risk of exploitation in the country, but the small scale of artisanal fishing suggested that trafficking was limited to foreign fishing operations. The industrial fishing fleet operating in Gabonese territorial waters was composed mostly of illegal, primarily Chinese, industrial-scale fish trawlers, with unknown status of workers on board.

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

Child labor remained a problem. The law prohibits employment of children younger than 16 without the expressed consent of the Ministry of Employment, Public Administration, Labor, and Professional Training; the Ministry of Education; and the Ministry of Health. By law children younger than age 16 may perform light work with parental permission, but the law does not define the activities considered light work, establish a minimum age for light work, or set hour limits. The law provides for penalties commensurate with those for other analogous serious crimes but does not cover children in informal employment.

The Ministry of Employment, Public Administration, Labor, and Professional Training is responsible for receiving, investigating, and addressing child labor complaints through inspectors. The Interministerial Committee for the Fight against Child Trafficking is responsible for filing and responding to complaints, but it was inactive during the year. Children were sometimes subject to forced and exploitive labor in markets, restaurants, and handicraft shops, as well as on farms and in sand quarries. Due to the impact of the COVID-19 pandemic, as of October the government had not organized the repatriation of any foreign children exploited in trafficking.

Noncitizen children were more likely than were children of citizens to work in informal and illegal sectors of the economy, where laws against child labor were seldom enforced. An unknown number of children, primarily noncitizens, worked in marketplaces or performed domestic labor. Many of these children were the victims of child trafficking (see section 7.b.). According to NGOs, some citizen children, particularly street children, also worked in the informal sector.

Child laborers generally did not attend school, received only limited medical attention, and often experienced exploitation by employers or foster families. In an effort to curb the problem, police often fined the parents of children who were not in school. Laws forbidding child labor covered these children, but abuses often were not reported.

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

The labor code prohibits discrimination with respect to employment and work conditions based on race, color, sex, religion, political opinion, disability, national origin or citizenship, or social background. It does not address discrimination based on sexual orientation, gender identity, age, or language. The government did not effectively enforce the law. No specific law requires equal pay for equal work, and women’s pay lagged behind that of men. Employment discrimination occurred with respect to indigenous persons, persons with disabilities, persons with HIV/AIDS, and LGBTI persons. There were reports of labor exploitation of indigenous persons by their Bantu neighbors, who paid them much less than the minimum wage. Undocumented foreign workers frequently experienced wage discrimination and poor working conditions.

e. Acceptable Conditions of Work

The government established a national monthly minimum wage that was above the official poverty line. Authorities did not enforce wage laws adequately, although workers could file suit if they received less than the minimum wage. Labor inspections were infrequent. Minimum wage laws were not enforced in the informal sector, which accounted for the vast majority of workers.

The labor code stipulates a 40-hour workweek with a minimum rest period of 48 consecutive hours. The law also provides for paid annual holidays. Employers must compensate workers for overtime work as determined by collective agreements or government regulations. By law the daily limit for compulsory overtime may be extended from 30 minutes to two hours to perform specified preparatory or complementary work, such as starting machines in a factory or supervising a workplace. It also may be extended for urgent work to prevent or repair damage from accidents. The daily limit does not apply to establishments in which work is continuous or to establishments providing retail, transport, dock work, hotel and catering services, housekeeping, security services, medical establishments, domestic work, and journalism.

The Ministry of Health establishes occupational safety and health standards. The Ministry of Employment, Public Administration, Labor, and Professional Training is responsible for enforcing minimum wage, overtime, and safety and health standards in the formal sector. The number of labor inspectors was not sufficient to enforce compliance and COVID-19-mitigation measures further limited enforcement action. Inspectors have the authority to make unannounced inspections and recommend that sanctions be imposed. Employers generally respected minimum wage standards. Formal-sector employees could submit complaints regarding overtime or health and safety standards, and the ministry’s labor inspectors investigated such complaints. The government penalized violations with a range of fines that were commensurate with those for similar crimes. In the formal sector, workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The government did not enforce labor code provisions in the informal economy or in sectors where the majority of the labor force was foreign, such as in the mining and timber sectors and domestic work. Employers obliged foreign workers to work under substandard conditions, dismissed them without notice or recourse, and often physically mistreated them. Employers frequently paid noncitizens less than they paid citizens for the same work and required them to work longer hours, often hiring them on a short-term, casual basis to avoid paying taxes, social security contributions, and other benefits.

The government does not provide data on industrial accidents; however, several accidents occurred during the year, including train derailments that resulted in four deaths and many serious injuries.

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. According to the law, if a trade union or a group of employees initiates negotiations for the conclusion of a collective agreement, employers shall negotiate in good faith. The parties should provide each other with information relevant to the issues being discussed during negotiations.

Although the law provides for the rights to freedom of association and collective bargaining, employers did not always negotiate in good faith. Employers’ obligations to participate in mediation are not clearly defined by law or practice. This was illustrated by a collective bargaining process that deadlocked at the Adjara Public Broadcaster. On March 2, an alternative trade union established within the company notified the broadcaster that it was commencing a collective labor dispute for the purposes of safeguarding the editorial independence and labor rights of the employees. Among other procedural problems, the ineffectiveness of mediation was due to the fact that the employer effectively refused to participate in the process.

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 involved in “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 businesses and services, such as municipal cleaning departments; natural gas transportation and distribution facilities; and oil and gas production, preparation, refining and processing facilities.

The government did not effectively enforce laws that protect freedom of association and prohibit antiunion discrimination. Penalties were not commensurate with those under other laws involving the denial of other civil rights. Remedies to address arbitrary dismissal and legal disputes regarding labor rights were subject to lengthy delays. Employees who believe they were wrongfully terminated must file a complaint in a local court within one month of their termination.

Labor organizations reported employers’ obligations to participate in mediation were unclear, and some refused to participate. On March 2, an alternative trade union of workers at Adjara Public Broadcaster formally sought mediation to safeguard their editorial independence and other issues. The employer effectively refused to participate in the process, preventing the employees from addressing their concerns by these means.

In September parliament adopted amendments to the labor code to protect labor and employee rights and a new law on labor inspection that defines basic principles, authority, and power of inspection and the rights and obligations of the Labor Inspection Service.

Workers generally exercised their right to strike in accordance with the law but at times faced management retribution. In November, Georgian House Ltd (Delisia) fired approximately 20 employees and docked the pay of others following their participation in a strike demanding unpaid wages. Some employers interfered with unions. The Georgian Trade Union Confederation (GTUC) reported the influence of employer-sponsored “yellow” unions in the Georgian Post and Georgian Railways impeded the ability of independent unions to operate. GTUC also reported widespread instances of harassment in both the public and private sectors based on union affiliation, notably in the railway and postal services.

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 commensurate with those for other serious crimes. The low number of investigations into forced or compulsory labor, however, offset the effect of strong penalties.

The Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported it found no cases of forced or compulsory labor during the year, although GTUC claimed this was because the Labor Inspectorate 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 of Justice, Ministry of Internal Affairs, and 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/.

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.

The law prohibits children from engaging in harmful activities, such as employment in hazardous work, and forms of exploitation of children, including forced child labor and commercial sexual exploitation. The Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported that it found one case of child labor law violations during the year, and two other cases were referred to the Ministry of Internal Affairs. The government effectively enforced the law, but some child labor persisted undetected. Experts reported minors were employed in the service, construction, agriculture, and tourism sectors. The penalties for violations of child labor laws were commensurate with those for other serious crimes.

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. In most cases, authorities did not consider this work as abusive or categorize it 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 in 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 2018 UNICEF reported that 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 .

The labor code prohibits discrimination in employment due to race; skin color; language, ethnicity, or social status; nationality, origin, or position; place of residence; age; sex, sexual orientation, or marital status; disability; religious, public, political or other affiliation, including affiliation with trade unions; political or other opinions; or other reasons. It does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The law further stipulates that discrimination be 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 law requires that the principle of equal treatment should apply to labor and precontractual relations. In May 2019 parliament amended the law to define sexual harassment as a form of discrimination and strengthen regulations against it. By law a person may report sexual harassment in a public space to police for investigation. Cases of sexual harassment in the workplace are submitted to the public defender for investigation.

In July parliament passed a law on supporting employment that prohibits all forms of discrimination in the process of supporting employment, unless unequal treatment serves to equalize the employment opportunities of jobseekers and is a proportionate and necessary means of achieving that goal.

The government only sometimes effectively enforced these laws, due to the lack of a fully functioning labor inspectorate. Penalties, when enforced, were not commensurate with those provided by similar laws related to civil rights.

Discrimination in the workplace was widespread. 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. At job interviews women often were asked specific questions on marital status, family planning, and household responsibilities. Women were frequently paid less than men for the same work and were less likely to receive promotion opportunities. In addition, vacancy announcements often included age requirements as preconditions to apply for a particular position, despite laws that prohibit discriminatory wording in job announcements. Through August, seven cases were referred to the public defender.

While the law provides for equality in the labor market, NGOs and the Ministry of Internally Displaced Persons from the Occupied Territories, 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, Azeri, and 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. Pregnant women or women who have recently given birth may not be required to work overtime without their consent. Minors between ages 16 and 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 not commensurate with those for other similar crimes, although they were set to increase under legislation scheduled to go into force on January 1, 2021.

Under the law the Labor Inspectorate has a mandate to inspect for occupational safety and health in all sectors of the economy and may make unannounced inspections and initiate penalties. The government effectively enforced the law, and penalties for violations were commensurate with those for other similar crimes, but the number of inspectors was insufficient to enforce compliance fully. During the year the inspectorate was responsible for reviewing and enforcing compliance with COVID-19 safety regulations, and most of its inspections were to enforce those regulations.

The COVID-19 pandemic significantly affected employment and labor relations. According to GTUC, pandemic restrictions had a significant economic impact on the tourism, retail, and transport sectors and also affected the construction, real estate, leisure, and entertainment sectors.

Employer abuses 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 their health or safety would be cause for the employers not to renew their contracts. The Human Rights Education and Monitoring Center reported that, considering the difficulty of finding a new job as well as a lack of adequate social protection mechanisms in the country, workers were reluctant to be vocal about improper and even hazardous working conditions due to fear they would lose their jobs. This situation was particularly acute in some industrial towns where the local population was dependent on a single business operation. The COVID-19 pandemic aggravated the situation, putting employees in precarious positions due to their social insecurity and inability to demand adequate working conditions.

Conditions for migrant workers were generally unregulated. While the government did not keep specific statistics on migrant laborers in the country, the Public Services Development Agency may issue up to 5,000 residence permits annually to migrant workers.

More than 35 percent of nonagricultural workers worked in the informal sector. Labor laws do not cover workers performing work outside of “organized labor conditions,” as most informal employment arrangements do not include employment contracts and thus many informal workers were not protected by the law. NGOs reported informal-sector workers were vulnerable to exploitation. These workers also tended to be the most affected by COVID-19 pandemic restrictions.

Human Rights Watch reported that, according to the Georgian Trade Union Confederation, 22 workers died and 110 were injured in work-related accidents through September. The mining and construction sectors remained especially dangerous, with reports of injuries, sleep deprivation, and unregulated work hours.

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 and remediation efforts were commensurate with those of equivalent laws denying civil rights.

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 2019 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.

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 commensurate with those of other serious crimes.

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 that weakened deterrence and undercut efforts to hold traffickers accountable, but the language was generally consistent with the country’s sentencing practices. In March media outlets released findings from a detailed investigation regarding migrant workers in the country who were lured under false pretenses and forced to work in squalid conditions with barely any pay. One media outlet reported that workers “described a sophisticated operation which kept tight control over their livelihoods. The men picked them up when they arrived, ran their accommodations, set rules for their workdays, and … decided when and how they would be paid.” Further, the workers “described deductions for everything from up-front ‘bureaucratic costs’ to monthly rent to gasoline for the car they were driven to work in, even the special safety boots they had to wear.”

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 2019 police completed 14 labor-trafficking investigations that identified 43 victims, nearly a third (13) of whom were from Ukraine.

In August 2019, 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. As of September the general prosecutor in Erfurt was still investigating two Ukrainian nationals, one German recruiter, and one employee of a local authority.

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

The law prohibits the worst forms of child labor 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 younger than 15 may not work during school hours, before 8 a.m., 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 commensurate with those of other serious crimes. 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.

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 commensurate with those of other civil rights violations.

FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. Workers filed 1,176 complaints with FADA alleging workplace discrimination because of their ethnic background; 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 2019 were on average 20 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. FADA reported women were also at a disadvantage regarding promotions, often due to career interruptions for child rearing.

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 nearly 35 percent in 2019. The representation of women on management boards in the top 200 companies stood at 14 percent.

There were reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.2 percent in 2018, remaining considerably higher than that of the general population (on average 5.2 percent for 2018). Employers with 20 or more employees must hire persons with 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 2018 nearly 100,000 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” of two-thirds of the national median wage. The minimum wage does not apply to persons younger than 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 nearly 55,000 companies in 2019. 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. Penalties for wage and hour violations were commensurate with those of similar crimes.

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 54 percent of employees who are directly covered by collective bargaining agreements, the average agreed working week under existing agreements is 37.7 hours. 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. Penalties for occupational safety and health violations were commensurate to those for other similar crimes.

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 works councils oversaw worker safety. The number of inspectors was sufficient to ensure compliance. Inspectors had the authority to make unannounced inspections and initiate sanctions.

The number of work accidents continued to decline among full-time employees, but workplace fatalities increased to 497 in 2019, up from 420 in 2018. Most accidents occurred in the construction, transportation, postal logistics, wood, and metalworking industries.

The law provides for the right of workers–except for members of the armed forces, police, the Ghana Prisons Service, and other security and intelligence agency personnel–to form and join unions of their choice without previous authorization or excessive requirements. The law requires trade unions or employers’ organizations to obtain a certificate of registration and be authorized by the chief labor officer, who is an appointed government official. Union leaders reported that fees for the annual renewal of trade union registration and collective bargaining certificates were exorbitant and possibly legally unenforceable.

The law provides for the right to conduct legal strikes but restricts that right for workers who provide “essential services.” Workers in export-processing zones are not subject to these restrictions. The minister of employment and labor relations designated a list of essential services, which included many sectors that fell outside of the essential services definition set by the International Labor Organization (ILO). The list included services carried out by utility companies (water, electricity, etc.), ports and harbors, medical centers, and the Bank of Ghana. These workers have the right to bargain collectively. In these sectors parties to any labor disputes are required to resolve their differences within 72 hours. The right to strike can also be restricted for workers in private enterprises whose services are deemed essential to the survival of the enterprise by a union and an employer. A union may call a legal strike only if the parties fail to agree to refer the dispute to voluntary arbitration or if the dispute remains unresolved at the end of arbitration proceedings.

The law provides a framework for collective bargaining. A union must obtain a collective bargaining certificate from the chief labor officer in order to engage in collective bargaining on behalf of a class of workers. In cases where there are multiple unions in an enterprise, the majority or plurality union would receive the certificate but must consult with or, where appropriate, invite other unions to participate in negotiations. The certificate holder generally includes representatives from the smaller unions. Workers in decision-making or managerial roles are not provided the right to collective bargaining under the law, but they may join unions and enter into labor negotiations with their employers.

The National Labor Commission is a government body with the mandate of requiring employers and unions to comply with labor law. It also serves as a forum for arbitration in labor disputes. The government effectively enforced applicable laws but penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

The law allows unions to conduct their activities without interference and provides reinstatement for workers dismissed under unfair pretenses. It protects trade union members and their officers against discrimination if they organize.

The government generally protected the right to form and join independent unions and to conduct legal strikes and bargain collectively, and workers exercised these rights. Although the law makes specified parties liable for violations, specific penalties are not set forth. An employer who resorts to an illegal lockout is required to pay the workers’ wages. Some instances of subtle employer interference in union activities occurred. Many unions did not follow approved processes for dealing with disputes, reportedly due to the perceived unfair and one-sided application of the law against the unions. The process was often long and cumbersome, with employers generally taking action when unions threatened to withdraw their services or declare a strike. The National Labor Commission faced obstacles in enforcing applicable sanctions against both unions and employers, including limited ability to enforce its mandate and insufficient oversight.

Trade unions engaged in collective bargaining for wages and benefits with both private and state-owned enterprises without government interference. No union completed the dispute resolution process involving arbitration, and there were numerous unsanctioned strikes.

Ghana Civil Aviation Authority (GCAA) workers went on strike in October, halting all domestic flights, to protest the damage of underground cables at the La wireless station in Accra that allegedly threatened flight safety. The union blamed the government’s lease of an Air Navigation Service plot to a flight-training school and resultant construction, despite there being 27 years remaining on the GCAA lease.

The law prohibits all forms of forced or compulsory labor. The penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government increased the level of funding and staffing dedicated to combatting human trafficking but did not provide sufficient support to enforce the law fully. The government increased its direct support for protection services for victims of trafficking by training staff and opening and operating a shelter for adult female victims of human trafficking during 2019. The government imposed strict prosecution provisions and penalties. In July authorities sentenced two individuals to 18- and 16-year prison terms for trafficking nine children to work in fishing in Lake Volta; police stated the sentences were the longest that had been issued. Forced labor and trafficking, however, persisted with insufficient investigation and prosecution. NGOs, civil society, and human rights activists reported corruption within police ranks, the justice system, and political authorities that impeded prosecution, with perpetrators accumulating significant wealth from trafficking and forced labor and senior police officers intimidating NGO staff to deter their investigations.

The government imposed strict prosecution provisions and penalties. In July authorities sentenced two individuals to 18- and 16-year prison terms for trafficking nine children to work in fishing in Lake Volta; police stated the sentences were the longest that had been issued. Forced labor and trafficking, however, persisted with insufficient investigation and prosecution. NGOs, civil society, and human rights activists reported corruption within police ranks, the justice system, and political authorities that impeded prosecution, with perpetrators accumulating significant wealth from trafficking and forced labor and senior police officers intimidating NGO staff to deter their investigations.

There were reports of forced labor affecting both children and adults in the fishing sector, as well as forced child labor in informal mining, agriculture, domestic labor, porterage, begging, herding, quarrying, and hawking (see section 7.c.).

Investigations decreased significantly between 2018 and 2019, and suspects were prosecuted using laws with less stringent penalties. Legal counsel encountered difficulties in investigating trafficking and gathering witnesses to testify, especially in cases perpetrated by a family member or involving victims from another country. Due to a lack of training on trafficking, officers did not classify cases as criminal, but issued warnings and freed perpetrators. Police officers who were trained were often sidelined for unknown reasons.

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

The government did not prohibit all of the worst forms of child labor. The law sets the minimum employment age at 15, or 13 for light work unlikely to be harmful to a child or to affect the child’s attendance at school. The law prohibits night work and certain types of hazardous labor for those younger than 18 and provides for fines and imprisonment for violators. The law allows for children age 15 and older to have an apprenticeship under which craftsmen and employers have the obligation to provide a safe and healthy work environment along with training and tools.

Inspectors from the Ministry of Employment and Labor Relations enforced child labor regulations. Labor inspectors conducted inspections specifically targeting child labor in the informal sector, but the inspections were insufficient to deter child labor, and penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

The ILO, government representatives, the Trades Union Congress, media, international organizations, and NGOs continued efforts to increase institutional capacity to combat child labor.

The government continued to work closely with NGOs, labor unions, and the cocoa industry to eliminate the worst forms of child labor in the industry. Through these partnerships the government created several community projects, which promoted awareness raising, monitoring, and livelihood improvement.

In 2018 the government approved the National Plan of Action Phase II on the Elimination of the Worst Forms of Child Labor (NPA2). The NPA2 aims to reduce the prevalence of the worst forms of child labor to 10 percent by 2021, and specifically targets the cocoa, fishing, and mining sectors. The government continued to take action under the framework of the NPA2. The National Steering Committee on Child Labor, for example, carried out a monitoring exercise in seven districts to ascertain the impact of child labor. The Ministry of Employment and Social Welfare established guidelines for Child Labor Free Zones, and began pre-testing the Ghana Child Labor Monitoring System.

Authorities did not enforce child labor laws effectively or consistently. Law enforcement officials, including judges, police, and labor officials, were sometimes unfamiliar with the provisions of the law that protected children.

Employers subjected children as young as four to forced labor in the agriculture, fishing, and mining industries, including artisanal gold mines, and as domestic laborers, porters, hawkers, and quarry workers. NGOs estimated that almost one-half of trafficked children worked in the Volta Region. Starting in 2019 civil society organizations rescued more than 200 children subjected to forced labor and beatings and denied food, education, and safe living conditions at Lake Volta. In the fishing industry, they engaged in hazardous work, such as diving into deep waters to untangle fishing nets caught on submerged tree roots. The government did not legally recognize working underwater as a form of hazardous work. Officials from the Ministry of Fisheries and Aquaculture Development received training as part of a strategy to combat child labor and trafficking in the fisheries sector.

Child labor continued to be prevalent in artisanal mining (particularly illegal small-scale mining), fetching firewood, bricklaying, food service and cooking, and collecting fares. Children in small-scale mining reportedly crushed rocks, dug in deep pits, carried heavy loads, operated heavy machinery, sieved stones, and amalgamated gold with mercury.

Child labor occurred in cocoa harvesting. Children engaged in cocoa harvesting often used sharp tools to clear land and collect cocoa pods, carried heavy loads, and were exposed to agrochemicals, including toxic pesticides. The government did not legally recognize this type of work in agriculture, including in cocoa, as hazardous work for children.

Employers often poorly paid and physically abused child laborers, and the children received little or no health care. According to the MICS, one in every five children between the ages of five and 17 is engaged in hazardous working conditions, and there were no significant disparities between boys and girls.

Parents or guardians often facilitated child trafficking by selling their children to relatives or others due to poverty. This was especially prevalent with girls sold into domestic service. The mother of a 12-year-old victim paralyzed from injuries due to forced labor and human trafficking refused to report her daughter’s perpetrators to police because the persons involved were her in-laws, and she suspected police would attempt to collect money from her rather than prosecute.

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

The government did not effectively enforce prohibitions on discrimination. The law stipulates that an employer cannot discriminate against a person on the basis of several categories, including gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. Penalties were not commensurate with laws related to civil rights, such as election interference. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTI persons (see section 6). For example, reports indicated few companies offered reasonable accommodation to employees with disabilities. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields and accessing education. There were legal restrictions to women’s employment in the same industries as men, including in factories.

There were not sufficient systems in place to protect women from sexual harassment and other violence in the workplace. Employers often terminated or laid off women who resisted sexual harassment or violence under the guise of restructuring due to the COVID-19 pandemic.

e. Acceptable Conditions of Work

A national tripartite committee composed of representatives of the government, labor, and employers set a minimum wage. The minimum wage exceeded the government’s poverty line. Many companies did not comply with the law. The maximum workweek is 40 hours, with a break of at least 48 consecutive hours every seven days. Workers are entitled to at least 15 working days of leave with full pay in a calendar year of continuous service or after having worked at least 200 days in a particular year. These provisions, however, did not apply to piece workers, domestic workers in private homes, or others working in the informal sector. The law does not prescribe overtime rates and does not prohibit excessive compulsory overtime. Penalties for violations of minimum wage laws were not commensurate with those for similar crimes, such as fraud.

The government sets industry-appropriate occupational safety and health regulations. By law workers can remove themselves from situations that endanger their health or safety without jeopardy to their employment. This legislation covers only workers in the formal sector, which employed approximately 10 percent of the labor force. Few workers felt free to exercise this right. Employers were fined in cases of negligence, and penalties for violations of occupational health and safety laws were not commensurate with those for crimes such as negligence.

The Ministry of Employment and Labor Relations was unable to enforce the wage law effectively. The government also did not effectively enforce health and safety regulations, which are set by a range of agencies in the various industries, including the Food and Drugs Authority, Ghana Roads Safety Commission, and Inspectorate Division of the Minerals Commission. The law reportedly provided inadequate coverage to workers due to its fragmentation and limited scope. There was widespread violation of the minimum wage law in the formal economy across all sectors. Authorities did not enforce the minimum wage law in the informal sector. Legislation governing working hours applies to both formal and informal sectors. Employers largely followed the law in the formal sector but widely flouted it in the informal sector, and government did not enforce it.

Three teachers’ unions engaged in nationwide strikes over nonpayment of legacy arrears in December 2019 and in January. The unions reported that the Ghana Education Service failed to respond to three letters demanding information on their payments from 2012 to 2016. The Fair Wages and Salaries Commission also failed to respond to the unions’ request for a meeting to discuss a “collective agreement.”

The government did not employ sufficient labor inspectors to enforce compliance. Inspectors were poorly trained and did not respond to violations effectively. Inspectors did have the authority to make unannounced inspections. Inspectors did not impose sanctions and were unable to provide data as to how many violations they addressed. In most cases inspectors gave advisory warnings to employers, with deadlines for taking corrective action. Penalties were insufficient to enforce compliance.

Approximately 90 percent of the working population was employed in the informal sector, according to the Ghana Statistical Service’s 2015 Labor Force Report, including small to medium-scale businesses such as producers, wholesale and retail traders, and service providers made up of contributing family workers, casual wageworkers, home-based workers, and street vendors. Most of these workers were self-employed.

Accidents in the mining sector were common, often in illegal mining. In a January 2019 mine explosion 16 persons died, and in October, five persons died in the collapse of a pit. Civil society organizations stated that corruption and lax enforcement allowed unsafe illegal mining practices to continue.

In March 2019 the High Court in Accra ordered a mining company to pay more than nine million cedis ($1.7 million) in damages in a case concerning the drowning of an employee in 2015. The court found gross negligence on the part of the company for failing to meet health and safety standards.

The law provides for the right of workers, except members of the military services, to form and join independent unions, conduct labor 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 restricts labor arbitration mechanisms. The law 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 also requires at least half of the members of a first-level union to endorse a strike for it to be held. The law mandates minimum staff levels during strikes affecting public services.

The law 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 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 commensurate to those of other laws related to civil rights. 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 reports of antiunion discrimination. For example, on February 21, the Workers Union in Publications, Bookstores, Photocopy Centers, Stationery, and Digital Devices of Athens protested the dismissal of the union’s vice president, calling it “revengeful.” The dismissal was “connected to his trade union activities and his participation in strikes,” the union said. The employer reportedly cited low productivity as the reason, but the union noted the vice president had a strong seven-year track record at the business.

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. 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 (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 commensurate to those of other serious crimes, but victims seldom reported violations.

On January 28, the General Confederation of Greek Workers, the biggest umbrella organization for workers’ rights, condemned the “attempted murder” of an agriculture worker in Marathonas, Athens, by his employer. The incident occurred on January 27 when the employer shot a rifle at his employee for reportedly requesting unpaid wages.

Agricultural workers at Manolada in Ilia, Peloponnese, reported on April 1 that they had to live in makeshift huts for 10 to 20 persons, that were covered with layers of nylon, without running water, and had showers and toilets placed outside, according to the Manolada Watch initiative launched by the NGO Generation 2.0 for Rights, Equality & Diversity, to monitor the living and working conditions of migrants workers.

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

The law prohibits the worst forms of child labor. 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 in 2019, is responsible for enforcing child labor laws, with penalties for violators ranging from fines to imprisonment. Penalties for violations were commensurate with other serious crimes. Trade unions, however, alleged that enforcement was inadequate due to the inspectorate’s understaffing and that the government did not adequately enforce the law to protect exploited children.

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 were indigenous Roma, Bulgarian, Romanian, or Albanian Roma. The pandemic caused fewer street children in Thessaloniki to “work,” the NGO ARSIS reported on June 12. For example, ARSIS estimated that approximately 50 children were working in the streets from January to April, as opposed to 189 children during the same period in 2019. 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.

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 or AIDS status, or refugee or stateless status.

The government did not always effectively enforce these laws and regulations. Penalties for violations were commensurate with other laws related to denials of civil rights. 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 his 2019 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, sex, religion, and HIV status. The ombudsman reported on the case of a Muslim female student, practicing to becoming a nurse, who was prohibited by her superior at a public hospital from wearing a headscarf at work. The ombudsman reported that as of the end of the year the case remained open and was still under investigation. A study by ActionAid released November 24 showed that 85 percent of more than 1,300 women surveyed said they had been subjected to sexual harassment (see section 6, Discrimination, Societal Abuses, and Trafficking in Persons).

e. Acceptable Conditions of Work

By ministerial decree the government sets the national minimum salary for employees in the private sector and for unspecialized workers. These wages were above the poverty income level.

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 effectively enforced in all sectors, particularly in tourism, catering services, retail businesses, agriculture, the informal economy, or for domestic or migrant workers.

In 2019 the government passed new laws making it easier to terminate an employee, abolishing provisions that a contractor or subcontractor had to provide suitable reasons for the legal termination of an employee’s contract. In 2019 the parliament passed legislation increasing the minimum hourly wage of part-time workers by 12 percent for every additional hour worked above a four-hour ceiling. Under the same legislation, the first five hours worked after a 40-hour work week are no longer considered overtime. Employers were required in such cases, however, to pay an additional 20 percent of the hourly wage.

The government did not always enforce wage and overtime laws effectively. Penalties for violations were commensurate with other similar violations. Unions and media alleged some private businesses forced their employees to return in cash part of their wages and mandatory seasonal bonuses after depositing them in the bank. Unions and media also alleged that some employers forced employees to unlawfully work while their contracts were temporarily suspended due to the pandemic during the time they were receiving subsidy allowances by the state instead of their salaries. Sometimes employees were officially registered as part-time employees but 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. Such violations were noted mostly in the tourism, agriculture, and housekeeping sectors. On February 18, media reported that a misdemeanors court in Kalamata, Peloponnese, sentenced to eight months in prison an employer who threatened his employees with dismissal if they did not return the full amount of seasonal bonuses in cash after it was deposited to their bank accounts.

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 standards could face temporary closure of their businesses. Under the same law, employers are obliged to declare in advance their employees’ overtime work or changes in their work schedules. The legislation provides for social and welfare benefits to be granted to surrogate mothers, including protection from dismissal during pregnancy and after childbirth. Courts are required to examine complaints filed by employees against their employers for delayed payment within two months of 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 2019 presidential decree, the Labor Inspectorate and the General Directorate for Labor Relations, Health, Safety and Inclusion at Work were both brought under the General Secretariat for Labor. The directorate is the principal authority overseeing labor conditions in both the 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. Penalties for violations were commensurate to those of similar crimes, but the number of labor inspectors was insufficient to enforce compliance. Inspectors have the authority to conduct unannounced inspections and initiate sanctions.

Authorities can temporarily close businesses that hire undeclared employees, and can permanently close businesses that repeatedly violate the law. Nonetheless, trade unions and media reiterated that enforcement of labor standards was inadequate in the shipping, tourism, and agriculture sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons.

At least 15 workers were injured or killed as a result of work accidents, according to media reports. There was one major industrial accident which resulted in the injury of four workers on February 3. In November 2019 an Athens first instance court ruled that work-related stress falls into hazardous working conditions, vindicating the spouse and the son of a business employee who suffered a stroke due to work-related stress and lost his life. The court ordered compensation of 160,000 euros ($192,000) for both complainants to be paid by the employer.

The law provides for the right of workers, with the exception of security force members, to form and join trade unions, conduct legal strikes, and bargain collectively. The law, however, places some restrictions on these rights. For example, legal recognition of an industrywide union requires that the membership constitute a majority of the workers in an industry and restricts union leadership to citizens. Ministries and businesses are required to negotiate only with the largest union, as determined by annual membership. The law prohibits antiunion discrimination and employer interference in union activities and requires employers to reinstate workers dismissed for organizing union activities. A strike must have the support of the majority of a company’s workforce. Workers are not restricted to membership in one union or one industry.

The president and cabinet may suspend any strike deemed “gravely prejudicial to the country’s essential activities and public services.” The government defined “essential services” more broadly than international standards, thus denying the right to strike to a large number of public workers, such as those working in education, postal services, transport, and the production, transportation, and distribution of energy. Public employees may address grievances by means of conciliation for collective disputes and arbitration directly through the labor courts. For sectors considered essential, arbitration is compulsory if there is no agreement after 30 days of conciliation. During the six successive states of calamity declared between March and September 30 due to the COVID-19 pandemic, no union attempted a strike, although were strikes expressly prohibited. The Solidarity Center said the trade union leadership was largely inactive, and only one member of the National Confederation of Christian Trade Unions’ labor observatory continued substantive work during the pandemic.

The law prohibits employer retaliation against workers engaged in legal strikes. If authorities do not recognize a strike as legal, employers may suspend or terminate workers for absence without leave. A factory or business owner is not obligated to negotiate a collective bargaining agreement unless at least 25 percent of workers in the factory or business are union members and request negotiations. Once a strike occurs, companies are required to close during negotiations. Strikes were extremely rare, but work stoppages were common.

The government did not effectively enforce the law. Government institutions, such as the Ministry of Labor and the labor courts, did not effectively investigate, prosecute, or punish employers who violated freedom of association and collective bargaining laws. Penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination. Labor courts also failed to compel compliance with reinstatement orders, including payment of back wages, for workers illegally dismissed for engaging in union activities. The Public Ministry was ineffective in responding to labor court referrals for criminal prosecution in cases where employers refused to comply with labor court orders. Like other courts, the labor courts also largely closed from March to June due to COVID-19.

The Ministry of Labor has the authority to sanction employers for violating union and collective bargaining rights. Business groups complained the time frame to investigate and verify compliance with Ministry of Labor remediation orders was too short and resulted in more cases being referred to the labor courts without an opportunity to conciliate. Worker representatives reported no significant improvement in compliance with the law as a result of the new sanction authority, noting that the inspectorate emphasized collection of fines, which now go to the labor inspectorate, over remediation of the underlying violations. Lack of information about the law’s implementation made it difficult to assess its impact on improving labor law enforcement.

The Unit for Crimes against Unionists within the Office of the Special Prosecutor for Human Rights in the Public Ministry was responsible for investigating attacks and threats against union members as well as for noncompliance with judicial orders in labor cases. Staffing for the unit remained stagnant, and successful prosecutions remained a challenge exacerbated by the pandemic.

The National Tripartite Commission on Labor Relations and Freedom of Association encouraged social dialogue between the Ministry of Labor, unions, and businesses, and monitored and facilitated implementation of the 2013 ILO roadmap and its 2015 indicators.

Three subcommissions established under the National Tripartite Commission–on legislation and labor policy, on mediation and dispute settlement, and on implementation of the roadmap–held meetings during the year. In November the subcommission on implementation of the roadmap presented its full report in Geneva. The mediation and dispute settlement subcommission developed the capacity of governmental, union, and business members to mediate labor conflicts, with the ILO providing technical support and training. The subcommission on labor and legislation made a diagnostic analysis of labor law and drafted reforms.

Prior reports demonstrated a lack of progress in all nine elements of the roadmap except sanctions on labor violations. After being inactive in the first quarter of the year, the National Tripartite Commission met virtually after March. The Ministry of Government did not convene the Interagency Committee to Analyze Attacks against Human Rights Defenders, including trade unionists, on a regular basis due to the pandemic. On October 26, the Ministry of Government reconvened the committee through a published ministerial agreement. Two days later, and without explanation, the committee was closed again through another ministerial agreement.

The country did not demonstrate measurable progress in the effective enforcement of its labor laws, particularly those related to freedom of association and collective bargaining. Labor officials pointed to the pandemic as the reason for lack of enforcement. Violence and threats against trade unionists and labor activists remained serious problems, although COVID-19 prevented serious attempts to document cases, and much of the formal sector was inactive from March through September. From January to September, the Solidarity Center registered three violent attacks, 13 death threats, and 10 acts of criminalization and defamation against trade unionists and labor activists. Authorities did not thoroughly investigate most acts of violence and threats and often discarded trade union activity as a motive from the outset of the investigation, allowing these acts to go unprosecuted. Several labor leaders reported death threats and other acts of intimidation. The Special Prosecutor’s Office for Crimes against Judicial Workers and Unionists reported that by December 11, it had received 244 complaints of crimes or offenses against trade unionists and labor activists compared with 487 complaints from January to August 31, 2019.

Procedural hurdles, restrictions on and delays in forming unions, and impunity for employers rejecting or ignoring court orders limited freedom of association and collective bargaining. Government statistics on attempted union registrations indicated most registrations were initially rejected, and when they were issued, it was after the legally established period. In addition credentials of union leaders were regularly rejected and delayed. As a result union members were left without additional protections against antiunion retaliation.

Employers routinely resisted attempts to form unions, delayed or only partially complied with agreements resulting from direct negotiations, and ignored judicial rulings requiring the employer to negotiate with recognized unions. There were credible reports of retaliation by employers against workers who tried to exercise their rights, including numerous complaints filed with the Ministry of Labor and the Public Ministry alleging employer retaliation for union activity. Common practices included termination and harassment of workers who attempted to form unions, creation of illegal company-supported unions to counter legally established unions, blacklisting of union organizers, threats of factory closures, and deliberate failure to register unionized workers for certain government benefits. Local unions reported businesses used fraudulent bankruptcies, ownership substitution, and reincorporation of companies to circumvent legal obligations to recognize newly formed or established unions, despite legal restrictions on such practices.

The law prohibits all forms of forced or compulsory labor. The government failed to enforce the law effectively. Reports persisted of men and women subjected to forced labor in agriculture and domestic service. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. Criminal penalties for forced labor range from eight to 18 years’ imprisonment and a fine. The government has specialized police and prosecutors who handle cases of human trafficking, including forced labor, although local experts reported some prosecutors lacked adequate training. There were also reports of forced child 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/.

The law does not prohibit all of the worst forms of child labor. The Ministry of Labor regulations set the minimum age for employment at 15 years. The law bars employment of minors younger than age 15, but it also allows the Ministry of Labor to authorize children younger than 15 to work in exceptional cases. The ministry’s inspectorate reported it did not authorize any exceptions during the year. The law prohibits persons younger than 18 from working in places that serve alcoholic beverages, in unhealthy or dangerous conditions, at night, or beyond the number of hours permitted. The legal workday for persons younger than 14 is six hours; for persons 14 to 17, it is seven hours. Child labor was nonetheless prevalent in the agricultural sector, in dangerous conditions, and with parents’ knowledge and consent.

The Ministry of Labor’s Child Worker Protection Unit is responsible for enforcing restrictions on child labor and educating minors, their parents, and employers on the rights of minors. Penalties were not commensurate with those for analogous serious crimes, such as kidnapping. The government did not effectively enforce the law, a situation exacerbated by the weakness of the labor inspection and labor court systems. The government devoted insufficient resources to prevention programs. During restrictions imposed due to the pandemic, the Protection Unit largely worked from home, ineffectively enforcing the law.

The NGO Conrad Project Association of the Cross estimated the workforce included approximately one million children ages five to 17. Most child labor occurred in rural indigenous areas of extreme poverty. The informal and agricultural sectors regularly employed children younger than 14, usually in small family enterprises, including in the production of broccoli, coffee, corn, fireworks, gravel, and sugar. Indigenous children also worked in street sales and as shoe shiners and bricklayer assistants. An estimated 39,000 children, primarily indigenous girls, worked as domestic servants and were often vulnerable to physical and sexual abuse and sex trafficking. Traffickers exploited children in forced begging, street vending, and as street performers, particularly in Guatemala City and along the border with Mexico. Traffickers particularly targeted indigenous individuals, including children, for forced labor, including in tortilla-making shops. Criminal organizations, including gangs, exploited girls in sex trafficking and coerced young males in urban areas to sell or transport drugs or commit extortion.

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

The law explicitly prohibits discrimination with respect to employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, age, and disability. The government did not effectively enforce the law and related regulations. Penalties were not commensurate with laws related to civil rights, such as election interference. Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.

e. Acceptable Conditions of Work

The law sets national minimum wages for agricultural and nonagricultural work and for work in garment factories. The minimum wage for agricultural and nonagricultural work and for work in export-sector-regime factories did not meet the minimum food budget for a family of five.

The legal workweek is 48 hours with at least one paid 24-hour rest period. Workers are not to work more than 12 hours a day. The law provides for 12 paid annual holidays and paid vacation of 15 working days after one year’s work. Daily and weekly maximum hour limits do not apply to domestic workers. Workers in the formal sector receive the standard pay for a day’s work for official annual holidays. Time-and-a-half pay is required for overtime work, and the law prohibits excessive compulsory overtime.

The government sets occupational health and safety (OSH) standards that were inadequate and not current for all industries. The government did not effectively enforce OSH laws. Penalties for OSH violations were not commensurate with those for crimes such as negligence. The situation worsened during the pandemic. Many manufacturing facilities, including textile and clothing manufacturing, as well as call centers were exempted from otherwise strict lockdown protocols within days of the March state of calamity. The press reported numerous outbreaks in such facilities until the end of August, when mask usage increased and sanitary measures were properly implemented in the workforce. Among the factories affected was KP Textiles, a garment factory supplying GAP; American Eagle; and Amazon, where more than 200 workers tested positive for COVID-19 and whose owners originally refused to take precautions or allow labor inspectors to enter. While the factory eventually was inspected and shut down, it opened again and was not fined. The law does not provide for the right of workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Inspectors often lacked vehicles or fuel to carry out inspections, and in some cases they failed to take effective action to gain access to worksites in response to employers’ refusal to permit labor inspectors access to facilities. Inspectors were encouraged to seek police assistance as required. Inspections were generally not comprehensive, and if complaint driven, focused on investigating the alleged violation rather than attempting to maximize limited resources to determine compliance beyond the individual complaint. From March to early April, Ministry of Labor inspections were suspended. Approximately half the unit returned in April and focused on inspecting possible violations of COVID-19 guidelines and hygiene. By August inspectors had returned to normal operations but with a large backlog of labor hearings due to the closed courts.

The Ministry of Labor conducted inspections to monitor compliance with minimum wage law provisions but often lacked the necessary vehicles or fuel to enable inspectors to enforce the law, especially in the agricultural and informal sectors. The ministry did not employ a sufficient number of labor inspectors to deter violations, and many of them performed reviews on paper or administrative duties rather than clearly defined inspection duties. During the pandemic the ministry closed its offices to the public, and workers were unable to present complaints in person. The ministry established a hotline to receive complaints, but workers stated that often no one answered their calls. The ministry later developed a web portal for complaints, but not all workers had access to internet. The number of inspections conducted decreased during the pandemic.

On July 9, the Ministry of Labor issued a ministerial accord allowing certain businesses to suspend the payment of worker’s midyear bonus due to financial hardship caused by the pandemic. The Constitutional Court invalidated the accord, however, and ordered businesses to make the bonus payments on time and in full, in accordance with the law. On July 8, the ministry reported that it would enforce compliance with payment of the bonus, which must be paid to all workers during the first two weeks of July, and emphasized the benefit must be paid by companies that continued operations during the COVID-19 emergency. Ministry inspectors shifted focus in July from COVID-19 hygiene inspections to the bonus payments but had limited staff to complete the inspections. In addition the ministry noted it had coordinated with two banks and a federation of credit and savings cooperatives so that employers affected by the pandemic would have access to the working capital credit fund and fulfill their labor obligations. The ministry also announced that employers who were not financially able to pay the bonus had to inform ministry officials through an affidavit as established by law.

Labor inspectors reported uncovering numerous instances of overtime abuse, but effective enforcement was undermined due to inadequate fines and labor courts’ reluctance to use compulsory measures, such as increased fines and referrals to the criminal courts, to obtain compliance. During the pandemic these issues worsened as the labor courts closed to the public, performing minimal administrative duties as officials tried to work from home. Other factors contributing to the lack of effective enforcement included labor court inefficiencies, employer refusal to permit labor inspectors to enter facilities or provide access to payroll records and other documentation, and inspectors’ lack of follow-up inspections in the face of such refusals. In one case in June, a business protested the presence of a congressional deputy and a PDH official in an attempted labor inspection. Members of the business community accused the PDH of performing inspections without permission and without the ministry, although ministry presence is not legally required for the PDH to inspect facilities. The business community agreed the PDH has a right to inspect but said the PDH did not always follow official protocols. Due to inefficient and lengthy court proceedings, the resolution of labor court cases was often delayed, in many instances for several years. Employers failing to provide a safe workplace were rarely sanctioned, and a law requiring companies with more than 50 employees to provide onsite medical facilities for their workers was not enforced.

The Solidarity Center explained that almost all organized labor activity ceased during the pandemic as elderly trade union officials were unwilling or unable to venture outside their homes and equally unwilling to cede authority to younger union leaders. Nonetheless, trade union leaders and human rights groups reported employers required workers to work overtime without legally mandated premium pay. Management often manipulated employer-provided transportation to worksites to force employees to work overtime, especially in export processing zones located in isolated areas with limited transportation alternatives. Noncompliance with minimum wage provisions in the agricultural and informal sectors was widespread. Advocacy groups estimated the vast majority of workers in rural areas who engaged in daylong employment did not receive the wages, benefits, or social security allocations required by law. Many employers in the agricultural sector reportedly conditioned payment of the minimum daily wage on excessive production quotas that workers generally were unable to meet. To meet the quota, workers felt compelled to work extra hours, sometimes bringing family members, including children, to help with the work. Because of having to work beyond the maximum allowed hours per day, workers received less than the minimum wage for the day and did not receive the required overtime pay. According to ILO statistics, 74 percent of the workforce worked in the informal sector and outside the basic protections afforded by law.

Local unions highlighted and protested violations by employers who failed to pay employer and employee contributions to the national social security system despite employee contribution deductions from workers’ paychecks. These violations, particularly common in export and agricultural industries, resulted in limiting or denying employees’ access to the public health system and reducing or underpaying workers’ pension benefits during their retirement years.

Many employers of domestic servants routinely paid below minimum wage, failed to register their employees with the Guatemalan Institute of Social Security, and demanded 16-hour days for six or more days a week for live-in staff. Many of these same employees were summarily dismissed at the beginning of the pandemic or advised to stay in the home of their employer without traveling back to their own families or communities for fear of spreading the virus. An undetermined number of dismissed employees returned to their previous employers as conditions stabilized.

The law provides most workers the right to organize, bargain collectively, join a union, and engage in strikes. The law also places restrictions on the free exercise of these rights. The law requires unions to obtain the support of 20 percent of the workers in a company, region, or trade in order to strike. The law mandates that unions provide a 10-day notice to the Ministry of Labor before striking, although it allows work slowdowns without notice. Strikes are permitted only for work-related topics; such permission does not extend to government workers, members of the armed forces, or temporary government workers, as these categories do not have the legal right to strike. Despite lacking the right to strike, public school teachers and port workers nevertheless went on strike.

The law protects workers from antiunion discrimination. The law prohibits employers from taking union membership into consideration when considering decisions about an employee’s hiring, firing, and conduct. It also allows workers 30 days to appeal any labor decisions and provides for reinstatement of any employee fired for union activity.

During the January public school teachers’ strike, a communications representative for a local teacher’s union was removed from his position as director of studies and transferred to a new assignment in a different town by local Ministry of Education representatives. After refusing to leave his post and with the intervention of a more prominent union leader, the teacher was reinstated to his position and his blocked salary returned.

The Office of the Inspector General of Labor within the Ministry of Labor manages consensus arbitration, as required by law. Employers often imposed binding arbitration, particularly in “essential services.”

Penalties for various labor violations ranged from fines to imprisonment. The law also defines labor crimes to include workers and employers who subvert national interests or steal trade secrets. Penalties were not commensurate with similar crimes.

The government did not effectively enforce applicable laws. Inspections were not adequate to achieve compliance, and penalties were not enforced.

Worker organizations generally operated independently of government or political party interference. Authorities did not always respect freedom of association and the right to collective bargaining.

In January authorities arrested two leaders representing the Union of Teachers and Researchers of Guinea after they failed to suspend their call for national strikes in negotiations with the government. After 10 days authorities dropped the charges of inciting violence and released the two leaders.

The law prohibits forced or compulsory labor and debt bondage. Prison labor, however, is legal, including for crimes related to political and religious expression. The law prescribes penalties of three to seven years’ imprisonment, a fine, or both for forced labor offenses involving an adult victim, and five to 10 years’ imprisonment, a fine, or both for those involving a child victim. Penalties were not commensurate with similar crimes. The government did not effectively enforce this law or prosecute any cases for adult forced labor.

Traffickers exploited men, women, and children in forced labor in agriculture. Traffickers exploited boys in forced labor in begging, mining, fishing, and on coffee, cashew, and cocoa plantations. Some government entities and NGOs alleged forced labor was most prevalent in the mining sector. Women and children were the most vulnerable to trafficking (see section 7.c.). Migrant laborers represented a small proportion of forced labor victims.

In July, 268 workers in a Chinese-owned mosquito-netting factory near the town of Maferenya were held against their will for three months. According to media sources, the manager stated that the workers were detained in order to limit the spread of COVID-19 and prevent possible work stoppages. As of October authorities took no action on the case.

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

The law prohibits child labor in the formal sector and sets forth penalties of imprisonment and confiscation of resulting profits. The law does not protect children in the informal sector and authorities are hesitant to pursue cases due to longstanding sociocultural norms. The law does not prohibit the worst forms of child labor. The law allows minors to work below the minimum age for employment, which is 16. Exceptions allow children to work at age 12 as apprentices for light work in the domestic service and agriculture sectors, and at age 14 for other work. The law does not prescribe the number of work hours per week for children, nor does it specify the conditions under which light work may be undertaken. The law does not permit workers and apprentices younger than age 18 to work more than 10 consecutive hours at night or on Sundays; however, these rules were often not respected.

The Ministry of Labor maintained an outdated list of hazardous occupations or activities that may not employ children, but enforcement was limited to large firms in the formal sector. The law does not prohibit hazardous occupations and activities in all relevant child labor sectors, including agriculture. The law increases penalties for forced labor if minors are involved, but penalties did not meet international standards, and enforcement was not sufficient to deter child labor violations. Although the law provides that treaty obligations be regarded by the justice system as lawfully binding, ambiguity concerning this provision’s validity continued due to the government’s failure to pass implementing legislation.

The Ministry of Labor is responsible for enforcing child labor laws, and it conducted occasional inspections. OPROGEM is responsible for investigating child trafficking and child labor violations. After making an arrest, police transfer all information to the Ministry of Justice. The Ministry of Security has a unit specifically focused on child trafficking and child labor. Penalties were not commensurate with similar crimes.

The government did not effectively enforce the law, and inspections were not adequate. Boys frequently worked in the informal sectors of subsistence farming, small-scale commerce, street vending, shining shoes, and mining. Girls were subjected to domestic servitude domestically and abroad. Forced child labor occurred primarily in the cashew, cocoa, coffee, gold, and diamond sectors of the economy. Many children between ages five and 16 worked 10 to 15 hours a day in the diamond and gold mines for minimal compensation and little food. Child laborers extracted, transported, and cleaned the minerals. They operated in extreme conditions, lacked protective gear, did not have access to water or electricity, and faced a constant threat of disease. Many children did not attend school and could not contact their parents, which may indicate forced labor.

Many parents sent their children to live with relatives or Quranic teachers while the children attended school. Host families often required such children to perform domestic or agricultural labor, or to sell water or shine shoes on the streets. Some children were subjected to forced begging.

Commercial sexual exploitation of children also occurred. Penalties were not commensurate with similar crimes.

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

The law does not address discrimination based on race, color, national origin, citizenship, social origin, sexual orientation, gender identity, age, language, or HIV-positive status or other communicable diseases. The government took no steps to prevent discrimination in employment and occupation. Penalties were not commensurate with similar crimes.

Discrimination in employment occurred. Although the law requires equal pay for equal work, women received lower pay for similar work, and there were legal restrictions on women’s employment in some occupations (see section 6). Few persons with disabilities had access to work in the formal sector, although some worked in small family businesses; many survived by begging on the streets.

e. Acceptable Conditions of Work

The government set the Guaranteed Minimum Interprofessional Wage at a rate below the poverty level determined by the World Bank. The minimum wage covers all sectors, but was not applied in the large informal sector.

The law mandates that regular work should not exceed 10-hour days or 48-hour weeks, and it mandates a period of at least 24 consecutive hours of rest each week, usually on Sunday. Every salaried worker has the legal right to an annual paid vacation, accumulated at the rate of at least two days per month of work. There also are provisions in the law for overtime and night wages, which are a fixed percentage of the regular wage. The law stipulates a maximum of 100 hours of compulsory overtime a year.

The Ministry of Labor is responsible for enforcing labor standards, and its inspectors are empowered to suspend work immediately in situations deemed hazardous to workers’ health. The law contains general provisions regarding occupational safety and health, but the government did not establish a set of appropriate workplace health and safety standards. Moreover, it did not issue any orders laying out the appropriate safety requirements for certain occupations or for certain methods of work as called for in the law. All workers, foreign and migrant included, have the right to refuse to work in unsafe conditions without penalty.

The government did not effectively enforce the law. Inspection and enforcement efforts were insufficient to deter violations. According to the International Labor Organization, inspectors received inadequate training. The reported number of employed labor inspectors was sufficient to enforce compliance with the law, although labor inspector vacancies went unfilled. Inspectors lacked computers and transportation to carry out their duties. Penalties for violation of the law were not commensurate with similar crimes.

Authorities rarely monitored work practices or enforced workweek standards or overtime rules. Teachers’ wages were extremely low. Salary arrears were not paid, and some teachers lived in poverty. The informal sector included 60 to 70 percent of all workers. The law applies to the informal sector, but it was seldom enforced.

Violations of wage, overtime, and occupational health and safety standards were common across sectors. There were, for example, artisanal (small-scale) gold mining communities in the northern section of the country where inspectors found occupational health and environmental hazards.

Despite legal protection against working in unsafe conditions, many workers feared retaliation and did not exercise their right to refuse to work under unsafe conditions. Data was not available on workplace fatalities and accidents, but accidents in unsafe working conditions were common, mostly in construction and artisanal mining. The government banned wildcat gold prospecting and other mining activities during the rainy season to prevent deaths from mudslides. The practices, however, continued near the border with Mali, resulting in recurring accidents.

The law provides for the right of workers to form and join independent unions without previous authorization or excessive requirements and to conduct legal strikes, but it does not protect the right to collective bargaining or obligate employers to bargain. Trade unions claimed the lack of collective bargaining rights and divisions in the labor movement weakened workers’ leverage in negotiations. The law explicitly prohibits civil servants from bargaining collectively.

The law prohibits firing an employee for striking and voids any section of an employment contract that punishes a worker for striking. The commissioner of police has broad authority to control and direct public gatherings, including strikes, in the interest of national security or public safety.

By law an employer may not fire, penalize, or discriminate against an employee who exercises his or her union rights and may not prevent or deter the employee from exercising such rights. Penalties for violations of laws protecting union and related worker rights include fines as well as legal damages paid to workers. Penalties were commensurate with those under other laws involving the denial of civil rights. The law was not effectively enforced due to the increasingly politicized environment. Dismissed employees had difficulty proving antiunion discrimination. In January more than 3,000 members of a health-care trade union held a strike to pressure the SAR to close the border with mainland China to prevent further spread of COVID-19. After the strike concluded, the SAR sent letters to medical workers demanding that they account for absences during the strike period to determine whether the salaries earned were commensurate to the work provided. The union stated that those letters constituted veiled threats not only to identify the members who participated but also to financially penalize them.

On November 2, SAR police denied the petition submitted by the Cathay Pacific airline union to protest the airline’s firing of thousands of workers and then offering the remaining workers unfair contracts. The denial cited COVID-19 health precautions and noted that the 2019 protests disrupted the airport’s operations. Labor unions and prodemocratic lawmakers stated that proposed protest site was located away from the airport and the denial was a clear indication that COVID-19 precautions were used to silence opposition opinions further.

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses. Because labor violations are typically civil offenses with monetary fines, penalties for these offenses were not commensurate with those for analogous serious crimes, such as kidnapping, which violate the crimes ordinance and carry prison terms.

NGOs expressed concerns that some migrant workers, especially domestic workers in private homes, faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. Domestic workers in Hong Kong were mostly women and mainly came from the Philippines, Indonesia, and other Southeast Asian countries. The SAR allows for the collection of maximum placement fees of 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay. Some locally licensed employment agencies were suspected of colluding with agencies overseas to profit from debt schemes, and some local agencies illegally confiscated the passports and employment contracts of domestic workers and withheld them until they repaid the debt. In August officials concluded a year-long investigation, arresting and jailing three SAR residents for participating in a predatory loan syndicate involving local Philippine employment agencies.

SAR authorities stated they encouraged aggrieved workers to file complaints and make use of government conciliation services and that they actively pursued reports of any labor violations.

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

The law prohibits the worst forms of child labor. Regulations prohibit employment of children younger than 15 in any industrial establishment. Children younger than 13 are prohibited from taking up employment in all economic sectors. Children who are 13 or older may be employed in nonindustrial establishments, subject to certain requirements, such as parental written consent and proof the child has completed the required schooling.

The Labor Department effectively enforced these laws and regularly inspected workplaces to enforce compliance with the regulations. Penalties for child labor law violations include fines and legal damages and were not commensurate with those for analogous serious crimes, such as kidnapping, that violate the crimes ordinance and carry prison terms.

The law and regulations prohibit employment discrimination based on race or ethnicity, disability, family status (marital status or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on those grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation or gender identity, HIV or other communicable disease status, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those violating these laws and regulations.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who were more likely to hold low-paying, low-skilled jobs and earn below-average wages. Experts assessed that a lack of Chinese-language skills was the greatest barrier to employment.

e. Acceptable Conditions of Work

The statutory minimum wage was below the poverty line for an average-sized household. There were many press reports regarding poor conditions faced by and underpayment of wages to domestic workers. The Labor Tribunal adjudicated disputes involving nonpayment or underpayment of wages and wrongful dismissal.

The law does not regulate working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. Several labor groups reported that employers expected extremely long hours and called for legislation to address that concern.

Workplace health and safety laws allow workers to remove themselves from situations that endanger health or safety without jeopardy to their employment. Employers are required to report any injuries sustained by their employees in work-related accidents.

The number of inspectors was sufficient to enforce compliance. The government effectively enforced the law, and the number of labor inspectors was sufficient to deter violations except in the cases of nonpayment or underpayment of wages to, and working conditions of, domestic workers. Penalties for violations of the minimum wage or occupational safety and health violations include fines, damages, and worker’s compensation payments. These penalties were commensurate with those for similar crimes.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, identification of unsafe conditions, enforcement of safety management legislation, and policy formulation and implementation. Inspectors have the authority to make unannounced inspections and initiate investigations and prosecutions. For the first six months of the year, the Labor Department reported 3,278 cases of occupational accidents, including nine fatalities, with 1,102 accidents in the construction sector and 1,508 in the food and beverage services sector. The department reported 12,502 cases of occupational injuries, including 113 deaths.

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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 for violations were generally commensurate with those for other 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, which employers in some cases attributed to financial difficulties resulting from the COVID-19 pandemic. 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.

While the law prohibits all forms of forced or compulsory labor, observers asserted the government failed to enforce it effectively and forced labor occurred. 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 COVID-19 pandemic reduced the number of seasonal workers, including Hungarians, as numerous hostels and workplaces became hot spots of infections and were subsequently closed. The government implemented temporary travel restrictions, quarantine, or testing for those entering the country to control the pandemic, while also increasing law enforcement efforts and sustaining its prevention efforts.

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

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 commensurate with those of other serious crimes.

Through the end of 2018, the employment authority reported 10 cases, involving 17 children, of labor by children younger than 15. The employment authority also reported eight cases involving 11 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 16 cases involving 18 children between the ages of 16 and 18 who were employed without the consent of their parents or legal representatives. The employment authority noted child labor cases increased as a result of tighter legislation, which requires presentation of parental permission during an inspection.

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 not commensurate with laws related to civil rights.

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 to continue paying overtime in the following pay period. The government effectively enforced minimum wage and overtime laws and penalties for violations were commensurate with those for other similar violations.

During the COVID-19 pandemic, the government passed a decree allowing employers and employees not to apply the prescriptions of the labor code in contracts and work schedules. Trade unions claimed this decree was unconstitutional because it enabled employers to force disadvantageous contracts upon employees and undermined their legal protections. As trade unions have no right of appeal to the Constitutional Court, they appealed to opposition parties to request constitutional review.

The government rewrote established occupational safety and health standards to include pandemic protection measures. The government shut down several economic sectors during the pandemic, including tourism, catering, and culture. Workers continued to 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.

The government effectively enforced occupational safety and health laws in the formal sector. Penalties for violations were commensurate with those for other similar offenses. 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 number of inspectors was sufficient to enforce compliance in the formal sector, and inspectors had the authority to make unannounced inspections and initiate sanctions.

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, 24,055 injuries and 83 fatalities occurred at workplaces in 2019, a slight increase from 2018. Most of the injuries and deaths occurred in the processing, manufacturing, transport and warehousing, agricultural, and retail sectorss

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. It is silent on whether workers fired for union activity should be reinstated, but it allows 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.

The government effectively enforced the law. Inspection was sufficient to enforce compliance and penalties for violations (damages and fines) were commensurate with those for similar crimes.

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.

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 commensurate.

Some instances of forced labor occurred. 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 local 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.

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

The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours, occupational safety, and health restrictions for children. 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 hazardous work as specified by law.

The government effectively enforced applicable laws. Penalties were commensurate with those for similar crimes. Inspection capacity was sufficient to enforce compliance.

The constitution and other laws prohibit employment discrimination in general and provide for fines determined by the courts for violations. The law provides for equal treatment in the labor market, without regard to race, ethnicity, age, religion, beliefs, disability, sexual orientation, gender identity, intersex status, or gender expression. The law does not specifically address HIV/AIDS or refugee status. Under the law, individuals, companies, institutions, and nongovernmental organizations can refer cases to the Gender Equality Complaints Committee, which rules on appointments and salary-related matters.

The government effectively enforced the law in most areas, but instances of employment discrimination occurred. Penalties were commensurate with those for similar violations. Despite laws requiring equal pay for equal work, a pay gap existed between men and women. 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 industry-wide, sector-wide, or in some cases firm-specific, the type of position defined the negotiated wage levels, which were higher than the poverty level.

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 AOSH, which conducted both proactive and reactive inspections. Workers can remove themselves from situations that endanger health and safety without jeopardy to their employment. AOSH can close workplaces that fail to meet safety and health standards.

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

The Icelandic Confederation of Labor stated in its annual report for 2020 that economic growth in recent years has resulted in an influx of foreign workers who are subject to exploitation. The exploitation primarily centered on foreign workers receiving salaries below negotiated minimum wages. 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.

The law provides for the right to form and join unions and to bargain collectively, although there is no legal obligation for employers to recognize a union or engage in collective bargaining. In the state of Sikkim, trade union registration was subject to prior permission from the state government. The law limits the organizing rights of federal and state government employees.

The law provides for the right to strike but places restrictions on this right for some workers. For instance, in export-processing zones (EPZs), a 45-day notice is required because of the EPZs’ designation as a “public utility.” The law also allows the government to ban strikes in government-owned enterprises and requires arbitration in specified “essential industries.” Definitions of essential industries vary from state to state. The law prohibits antiunion discrimination and retribution for involvement in legal strikes and provides for reinstatement of employees fired for union activity. In January approximately 25 million workers across the country went on a day-long strike to protest against the economic policies of the federal government.

Enforcement of the law varied from state to state and from sector to sector. Enforcement was generally better in the larger, organized-sector industries. Authorities generally prosecuted and punished individuals responsible for intimidation or suppression of legitimate trade union activities in the industrial sector. Civil judicial procedures addressed abuses because the Trade Union Act does not specify penalties for such abuses. Penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Specialized labor courts adjudicate labor disputes, but there were long delays and a backlog of unresolved cases.

Employers generally respected freedom of association and the right to organize and bargain collectively in the formal industrial sector but not in the larger, informal economy. Most union members worked in the formal sector, and trade unions represented a small number of agricultural and informal-sector workers. Membership-based organizations, such as the Self-Employed Women’s Association, successfully organized informal-sector workers and helped them to gain higher payment for their work or products.

An estimated 80 percent of unionized workers were affiliated with one of the five major trade union federations. Unions were independent of the government, but four of the five major federations were associated with major political parties.

State and local authorities sometimes impeded registration of unions, repressed independent union activity, and used their power to declare strikes illegal and force adjudication. Labor groups reported that some employers continued to refuse to recognize established unions, and some instead established “workers’ committees” and employer-controlled unions to prevent independent unions from organizing. EPZs often employed workers on temporary contracts. Additionally, employee-only restrictions on entry to the EPZs limited union organizers’ access.

In September parliament passed a series of labor laws that exempt tens of thousands of small firms from labor protections. The new laws link social benefits to the size of companies and raise the threshold from 100 to 300 workers for firms that must comply with new limitations on firings and business closures. The new threshold rescinds the rights to strike or receive benefits for workers at smaller firms. The reforms replaced 44 labor laws with four labor codes that labor experts predicted would further expand the informal-sector workforce, which had more than 400 million workers, where workers do not have formal contracts and benefits.

The law prohibits all forms of forced or compulsory labor, but forced labor, including bonded labor for both adults and children (see section 7.c.), remained widespread.

Enforcement and compensation for victims is the responsibility of state and local governments and varied in effectiveness. The government generally did not effectively enforce laws related to bonded labor or labor-trafficking laws, such as the Bonded Labor System (Abolition) Act. When inspectors referred violations for prosecution, court backlogs, inadequate preparation, and a lack of prioritization of the cases by prosecuting authorities sometimes resulted in acquittals. In addition, when authorities reported violations, they sometimes reported them to civil courts to assess fines and did not refer them to police for criminal investigation of labor trafficking.

Penalties under law varied based on the type of forced labor and included fines and prison terms; penalties were not commensurate with those for analogous serious crimes, such as kidnapping. For example, bonded labor is specifically criminalized under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which prescribes sufficiently stringent penalties, and the Bonded Labor System (Abolition) Act, which prescribes penalties that were not sufficiently stringent.

Authorities decreased investigations, prosecutions, and case convictions of traffickers and decreased victim identification efforts. NGOs estimated at least eight million trafficking victims in the country, mostly in bonded labor, and reported that police did not file reports in at least half of these cases. Authorities penalized some adult and child victims for crimes their traffickers compelled them to commit.

The Ministry of Labor and Employment reported the federally funded, state-run Centrally Sponsored Scheme assisted 11,296 bonded laborers from June 2016 through February 2020. Some NGOs reported delays of more than one year in obtaining release certificates for rescued bonded laborers. Such certificates were required to certify that employers had held them in bondage and entitled them to compensation under the law. The NGOs also reported that in some instances they failed to obtain release certificates for bonded laborers. The distribution of initial rehabilitation funds was uneven across states. The majority of bonded labor victim compensation cases remained tied to a criminal conviction of bonded labor. Since authorities often registered bonded labor cases as civil salary violations, convictions of the traffickers and full compensation for victims remained rare.

Bonded labor continued to be a concern in many states; however, no reliable statistics were available on the number of bonded laborers in the country. Most bonded labor occurred in agriculture. Nonagricultural sectors with a high incidence of bonded labor were stone quarries, brick kilns, rice mills, construction, embroidery factories, and beedi (hand-rolled cigarettes) production. Those from the most disadvantaged social strata were the most vulnerable to forced labor and labor trafficking.

On March 12, Karnataka law enforcement officials, in cooperation with the state’s human rights commission and a local NGO, rescued 50 bonded laborers from three plantations in Bengaluru. The rescued laborers were all from the Irular tribe (listed in the Schedule Castes and Tribes); at least 15 of those rescued were children. The owners of two plantations were arrested under laws prohibiting bonded labor and trafficking of persons.

In May, 67 bonded laborers were rescued from a brick kiln in Uttar Pradesh with the assistance of the NHRC and NGO Justice Ventures International. The rescued workers included women and children and were returned to their villages in Bihar.

In June, 12 members of a vulnerable tribal group in Telangana received compensation of 150,000 rupees (more than $2,000) each under the bonded labor rehabilitation assistance of the central government. These were part of the 45 bonded laborers rescued from an irrigation project site in 2018.

The Sumangali or “Provident Funds” scheme remained common in Tamil Nadu’s spinning mill industry, in which employers offer a lump sum for young women’s education at the end of multiyear labor contracts, which often amounted to bonded labor.

News media and NGOs reported several instances of migrants and bonded labor abandoned at workplaces without work or financial assistance from their employers during the COVID-19 lockdown. On June 1, the Telangana High Court directed the state government to arrange for food, shelter, and transportation for an estimated 150,000 workers stranded in the 810 brick kilns across the state. The petitioner pointed out that owners were mandated under the Inter State Migrant Workmen Act to arrange for transportation of the migrant workers, but this was not done in the case of brick kiln workers.

Scheduled Caste and Scheduled Tribe members lived and worked under traditional arrangements of servitude in many areas of the country. Although the central government had long abolished forced labor servitude, these social groups remained impoverished and vulnerable to forced exploitation, especially in Arunachal Pradesh.

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

All of the worst forms of child labor were prohibited. The law prohibits employment of children younger than 14. The law also prohibits the employment of children between 14 and 18 in hazardous work. Children are prohibited from using flammable substances, explosives, or other hazardous material, as defined by the law. In 2017 the Ministry of Labor and Employment added 16 industries and 59 processes to the list of hazardous industries where employment of children younger than 18 is prohibited and where children younger than 14 are prohibited from helping, including family enterprises.

Despite evidence that children worked in unsafe and unhealthy environments for long periods of time in spinning mills, garment production, carpet making, and domestic work, not all children younger than 18 are prohibited from working in occupations related to these sectors. The law, however, permits employment of children in family-owned enterprises involving nonhazardous activities after school hours. Nevertheless, child labor remained common.

Law enforcement agencies took actions to combat child labor. State governments enforced labor laws and employed labor inspectors, while the Ministry of Labor and Employment provided oversight and coordination. Nonetheless, gaps existed within the operations of the state government labor inspectorate that might have hindered adequate labor law enforcement. Violations remained common. The law establishes penalties that are not commensurate with those for other analogous serious crimes, such as kidnapping, and authorities sporadically enforced them. The fines collected are deposited in a welfare fund for formerly employed children.

The International Labor Organization estimated there were 10 million child workers between ages five and 14 in the country. The majority of child labor occurred in agriculture and the informal economy, in particular in stone quarries, in the rolling of cigarettes, and in informal food service establishments. Children were also exploited in domestic service and in the sugarcane, construction, textile, cotton, and glass bangle industries in addition to begging.

Commercial sexual exploitation of children occurred (see section 6, Children). Nonstate armed groups recruited and used children as young as 12 to organize hostility against the government in Jammu and Kashmir, including Maoist and Naxalite groups. Nonstate armed groups sometimes forced children to handle weapons and explosive devices and used them as human shields, sexual slaves, informants, and spies.

Forced child labor, including bonded labor, also remained a serious problem. Employers engaged children in forced or indentured labor as domestic servants and beggars, as well as in quarrying, brick kilns, rice mills, silk-thread production, and textile embroidery.

In May, 900 children were rescued from bangle manufacturing factories in Jaipur by a local antitrafficking unit. Of the children, 25 were working as bonded laborers and the rest were engaged in child labor, all ages 10 to 13. They were malnourished and exhausted and alleged experiences of inhuman treatment and violence. In August, 47 child workers, including 13 girls, were rescued by the Jalandhar police from a rubber footwear factory. Most of the rescued children were migrants from other states and Nepal.

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 .

Provisions in the constitution and various laws and regulations prohibit discrimination based on race, sex, gender, disability, language, sexual orientation, gender identity, or social status with respect to employment and occupation. A separate law prohibits discrimination against individuals suffering from HIV/AIDs. The law does not prohibit employment discrimination against individuals with communicable diseases or based on color, religion, political opinion, national origin, or citizenship.

The law prohibits women from working in jobs that are physically or morally harmful, specifically the Factories Act 1948, Sections 27, 66, and 87, and the Bombay Shops and Establishments Act of 1948, Section 34-A, although the latter only applies to four states.

The government effectively enforced the law and regulations within the formal sector; however, penalties were not sufficient to defer violations. The law and regulations do not protect informal-sector workers (industries and establishments that do not fall under the purview of the Factories Act), who made up an estimated 90 percent of the workforce.

Discrimination occurred in the informal sector with respect to Dalits, indigenous persons, and persons with disabilities. Gender discrimination with respect to wages was prevalent. Foreign migrant workers were largely undocumented and typically did not enjoy the legal protections available to workers who are nationals of the country. The UN’s Committee on the Elimination of Discrimination Against Women raised concerns regarding the continued presence of sexual harassment and violence against women and girls and the repercussions on school and labor participation.

e. Acceptable Conditions of Work

Federal law sets safety and health standards, but state government laws set minimum wages, hours of work, and additional state-specific safety and health standards. The daily minimum wage varied but was more than the official estimate of poverty-level income. State governments set a separate minimum wage for agricultural workers. Laws on wages, hours, and occupational health and safety do not apply to the large informal sector.

The law mandates a maximum eight-hour workday and 48-hour workweek as well as safe working conditions, which include provisions for restrooms, cafeterias, medical facilities, and ventilation. The law mandates a minimum rest period of 30 minutes after every four hours of work and premium pay for overtime, but it does not mandate paid holidays. The law prohibits compulsory overtime and limits the amount of overtime a worker may perform. Occupational safety and health standards set by the government were generally up to date and covered the main industries in the country.

State governments are responsible for enforcing minimum wages, hours of work, and safety and health standards. The number of inspectors generally was insufficient to enforce labor law. Inspectors have the authority to make unannounced inspections and initiate sanctions. State governments often did not effectively enforce the minimum wage law for agricultural workers. Enforcement of safety and health standards was poor, especially in the informal sector, but also in some formal-sector industries. Penalties for violation of occupational safety and health standards were commensurate with those for crimes such as negligence.

To boost the economy following the COVID-19-induced lockdown, many state governments relaxed labor laws to permit overtime work beyond legislated limits. The state governments of Uttar Pradesh and Gujarat passed executive orders to suspend enforcement of most labor laws for a period of up to three years to promote industrial production.

Violations of wage, overtime, and occupational safety and health standards were common in the informal sector. Small, low-technology factories frequently exposed workers to hazardous working conditions. Undocumented foreign workers did not receive basic occupational health and safety protections. In many instances workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment.

Several states amended labor laws during the COVID-19 pandemic to allow industries to overcome the losses suffered during the lockdown while also claiming to protect the interests of workers. On May 29, the Odisha cabinet amended the Factories Act, 1948, and Industrial Disputes Act, allowing companies with a worker strength of up to 300 to terminate employment or close the units without prior approval from the government. The earlier limit was 100 workers. The government also allowed women to work during night shift hours of 7 p.m. to 6 a.m., with prior consent from the worker.

According to Geneva-based IndustriALL Global Union, more than 30 industrial accidents occurred in chemical plants, coal mines, steel factories, and boilers in power stations during May and June, claiming at least 75 lives. The organization stated “widespread use of contract workers, lack of safety inspections, inadequate penal action against safety violations and not fixing responsibility on the employer are some important factors contributing to the accidents.”

On May 7, a styrene gas leak from an LG Polymer chemical plant in Visakhapatnam, Andhra Pradesh, killed 11 persons and sickened more than 1,000. Preliminary investigations revealed the leak occurred due to a faulty gas valve. On July 7, state police arrested 12 individuals, including the company’s chief executive officer, after a probe determined poor safety protocols and a breakdown of emergency response procedures as reasons for the leak.

On July 2, four individuals died of asphyxiation in Thoothukudi District, Tamil Nadu, after entering a septic tank to remove clogged sewage. The homeowner who directed them to clean the tank was charged with negligence. A government survey in 2019 identified 206 deaths from cleaning sewers and septic tanks between 1993 and July 2019 in Tamil Nadu.

On August 1, a total of 11 workers died when a crane collapsed on them at a worksite in the government-owned Hindustan Shipyard in Visakhapatnam.

On August 21, nine workers, including seven employees of the state-owned power generation company, died in a fire accident in the Srisailam hydropower station in Telangana. A government committee assessed an electric short circuit caused the fire. Civil society activists alleged the accident was “a result of inadequate provisions in the design of the hydropower station building,” claiming “there is no evidence that the hydropower station was built to international standards.”

The law, with restrictions, provides for the rights of workers to join independent unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination.

Workers in the private sector have, in law, broad rights of association and formed and joined unions of their choice without previous authorization or excessive requirements. The law places restrictions on organizing among public-sector workers. Civil servants may only form employee associations with limitations on certain rights, such as the right to strike. Employees of state-owned enterprises may form unions, but because the government treats most such enterprises as essential national interest entities, their right to strike is limited.

The law stipulates that 10 or more workers have the right to form a union, with membership open to all workers, regardless of political affiliation, religion, ethnicity, or gender. The Ministry of Manpower records, rather than approves, the formation of a union, federation, or confederation and provides it with a registration number.

The law allows the government to petition the courts to dissolve a union if it conflicts with the constitution or the national ideology of Pancasila, which encompasses the principles of belief in one God, justice, unity, democracy, and social justice. Authorities may compel a union to dissolve if its leaders or members, in the name of the union, commit crimes against the security of the state and they may receive a minimum of five years in prison. Once a union is dissolved, its leaders and members may not form another union for at least three years. The International Labor Organization (ILO) noted its concern that dissolving a union could be disproportionate to the seriousness of the violation.

The law includes some restrictions on collective bargaining, including a requirement that a union or unions represent more than 50 percent of the company workforce to negotiate a collective labor agreement (CLA). Workers and employers have 30 days to conclude a CLA before negotiations move to binding arbitration. CLAs have a two-year lifespan that the parties may extend for one year. Unions noted that the law allows employers to delay the negotiation of CLAs with few legal repercussions.

The right to strike is legally restricted. By law workers must give written notification to authorities and to the employer seven days in advance for a strike to be legal. The notification must specify the start and end time of the strike, venue for the action, and reasons for the strike, and it must include signatures of the chairperson and secretary of the striking union. Before striking, workers must engage in mediation with the employer and then proceed to a government mediator or risk having the strike declared illegal. In the case of an illegal strike, an employer may make two written requests within a period of seven days for workers to return. Workers who do not return to work after these requests are considered to have resigned.

All strikes at “enterprises that cater to the interests of the general public or at enterprises whose activities would endanger the safety of human life if discontinued” are deemed illegal. Regulations do not specify the types of enterprises affected, leaving this determination to the government’s discretion. Presidential and ministerial decrees enable companies or industrial areas to request assistance from police and the military in the event of disruption of or threat to “national vital objects” in their jurisdiction. The ILO has observed that the definition of “national vital objects” was expanding and consequently imposing overly broad restrictions on legitimate trade union activity, including in export-processing zones. Regulations also classify strikes as illegal if they are “not as a result of failed negotiations.” Unions alleged that the government’s recent increase of the number of “national vital objects” was done to justify the use of security forces to restrict strike activity.

The government did not always effectively enforce provisions of the law protecting freedom of association or preventing antiunion discrimination. Antiunion discrimination cases moved excessively slowly through the court system. Bribery and judicial corruption in workers’ disputes continued, and unions claimed that courts rarely decided cases in the workers’ favor, even in cases in which the Ministry of Manpower recommended in favor of the workers. While such workers sometimes received severance pay or other compensation, they were rarely reinstated. Authorities used some legal provisions to prosecute trade unionists for striking, such as the crime of “instigating a punishable act” or committing “unpleasant acts,” which criminalized a broad range of conduct.

Penalties for criminal violations of the law protecting freedom of association and the right to enter into collective labor agreements include a prison sentence and fines, and they were generally commensurate with similar crimes. Local Ministry of Manpower offices were responsible for enforcement, which was particularly difficult in export-promotion zones. Enforcement of CLAs varied based on the capacity and interest of individual regional governments.

Several common practices undermined freedom of association. Antiunion intimidation most often took the form of termination, transfer, or filing unjustified criminal charges. Labor activists claimed that companies orchestrated the formation of multiple unions, including “yellow” (employer-controlled) unions, to weaken legitimate unions. Some employers threatened employees who contacted union organizers. Companies often sued union leaders for losses suffered in strikes. Unions also alleged that employers commonly reassigned labor leaders deemed to be problematic.

Many strikes were unsanctioned or “wildcat” strikes that broke out after a failure to settle long-term grievances or when an employer refused to recognize a union. Unions reported that employers also used the bureaucratic process required for a legal strike to obstruct unions’ right to strike. Unions noted that employers’ delays in negotiating CLAs contributed to strike activity and legal measures taken against union members in the event of a failed CLA negotiation. The ILO cited the lack of a strong collective bargaining culture as a factor contributing to many labor disputes.

The increasing use of contract labor directly affected workers’ right to organize and bargain collectively. Under the law, contract labor is to be used only for work that is “temporary in nature”; a business may outsource work only when such work is an auxiliary activity of the business. Government regulations limit employers’ ability to outsource jobs to five categories of workers (cleaning services, security, transportation, catering, and work related to the mining industry). Nevertheless, many employers violated these provisions, sometimes with the assistance of local offices of the Ministry of Manpower. For example, unions reported that hotel owners often attempted to use the cleaning services exemption to justify terminating unionized hotel housekeeping staff and outsourcing those services.

On November 3, President Jokowi signed into law the Omnibus Bill on Job Creation, which made sweeping changes to more than 70 labor, tax, and other laws to cut red tape and make the country more open to investment. Labor unions and civil society organizations protested passage of the law, which they say weakens worker protections and allows encroachment on indigenous and protected land.

The law prohibits all forms of forced or compulsory labor, prescribing penalties of imprisonment and a fine, which were commensurate with similar crimes.

In order to limit prospects for forced labor among Indonesian workers abroad, the National Social Security Administration enrolls these migrant workers and their families in the national social security program, enables authorities to prosecute suspects involved in illegal recruitment and placement of workers, and limits the role of private recruitment and placement agencies by revoking their authority to obtain travel documents for migrant workers. Government agencies may suspend the licenses of recruitment agencies for coercive or deceptive recruitment practices and contract signings, sending migrant workers to an unauthorized destination country, document forgery, underage recruitment, illegal fees (such as requesting several months of workers’ salaries), and other violations.

The government continued its moratorium on sending domestic workers to certain countries where its citizens had been subjected to forced labor. Some observers noted this moratorium resulted in an increasing number of workers seeking the services of illegal brokers and placement agencies to facilitate their travel, increasing their vulnerability to human trafficking. The government has asserted such moratoriums are needed until receiving countries can guarantee protections against the abuse and exploitation of its migrant workers.

The government did not effectively enforce the law. There were credible reports that forced labor occurred, including forced and compulsory labor by children (see section 7.c.). Forced labor occurred in domestic servitude and in the mining, manufacturing, fishing, fish processing, construction, and plantation agriculture sectors.

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

Law and regulations prohibit all labor by children between the ages of five and 12. Children ages 13 and 14 may work up to 15 hours per week; children ages 15 to 17 may work up to 40 hours per week (not during school or evening hours and with written permission from parents). The law prohibits the worst forms of child labor, as defined by the ILO. It does not, however, extend to the informal economy, where most child labor takes place. Companies which legally employ children for the purpose of artistic performances and similar activities are required to keep records of their employment. Companies that legally employ children for other purposes are not required to keep such records. In 2019 through its Family Hope Program, the government removed 18,000 children from child labor.

The government did not effectively enforce the law prohibiting the worst forms of child labor, since it did not effectively investigate, prosecute, or sanction persons who involve children in the production, sale, or trafficking of illicit drugs. Penalties were commensurate with those for similar crimes.

Child labor commonly occurred in domestic service, rural agriculture, light industry, manufacturing, and fishing. The worst forms of child labor occurred in commercial sexual exploitation, including the production of child pornography (also see section 6, Children); other illicit activities, including forced begging and the production, sale, and trafficking of drugs; and in fishing and domestic work.

According to a 2019 National Statistics Agency report, there were approximately 1.6 million children ages 10 to 17 working, primarily in the informal economy.

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

The law prohibits discrimination in employment and occupation but not specifically with respect to sexual orientation or gender identity, national origin or citizenship, age, language, or HIV or other communicable disease status. There were no legal restrictions against women in employment to include limiting working hours, occupations, or tasks.

The government did not effectively enforce the law. Penalties were commensurate with those for violations of similar laws, but they were not applied outside the formal sector. According to NGOs, antidiscrimination protections were not always observed by employers or the government. Human rights groups reported some government ministries discriminated against pregnant women, persons with disabilities, LGBTI individuals, and HIV-positive persons in hiring. For example, in November 2019 the Attorney General’s office openly stated it would not accept applications from persons with disabilities or LGBTI applicants. The Ministry of Manpower, the Women’s Empowerment and Child Protection Agency, the Ministry of Home Affairs, and the National Development Planning Board worked in partnership to reduce gender inequality, including supporting equal employment opportunity task forces at the provincial, district, and municipal levels. Women, however, still lagged behind men in wages.

Migrant workers and persons with disabilities commonly faced discrimination in employment and were often only hired for lower status jobs.

Some activists said that in manufacturing, employers relegated women to lower paying, lower level jobs. Jobs traditionally associated with women continued to be significantly undervalued and unregulated. NGOs reported discriminatory behavior toward domestic workers continued to be rampant.

e. Acceptable Conditions of Work

Minimum wages varied throughout the country, since provincial governors had authority to set a minimum wage floor and district heads had authority to set a higher rate. Minimum wages were above the official poverty line.

Government regulations exempt employers in certain sectors, including small and medium enterprises and labor-intensive industries such as textiles, from minimum wage requirements.

The overtime rate for work in excess of a 40-hour workweek was 1.5 times the normal hourly rate for the first hour and twice the hourly rate for additional overtime, with a maximum of three hours of overtime per day and a maximum of 14 hours per week.

The law requires employers to provide a safe and healthy workplace and to treat workers with dignity. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment.

Local officials from the Ministry of Manpower are responsible for enforcing minimum wage, work hours, and health and safety regulations. Penalties for violations include fines and imprisonment (for violation of the minimum wage law), which were generally commensurate with those for similar crimes. Government enforcement remained inadequate, particularly at smaller companies, and supervision of labor standards continued to be not fully enforced. Provincial and local officials often did not have the technical expertise needed to enforce labor law effectively. The number of inspectors was inadequate to enforce compliance, although in 2019 the government substantially increased its labor inspectorate funding, with a specific budget for enforcing child labor regulations.

Authorities enforced labor regulations, including minimum wage regulations, only for the estimated 43 percent of workers in the formal sector. Workers in the informal sector did not receive the same protections or benefits as workers in the formal sector, in part because they had no legal work contract that labor inspectors could examine.

The law does not mandate that employers provide domestic workers with a minimum wage, health insurance, freedom of association, an eight-hour workday, a weekly day of rest, vacation time, or safe work conditions.

Plantation agriculture workers often worked long hours without government-mandated health insurance benefits. They lacked proper safety gear and training in pesticide safety. Most plantation operators paid workers by the volume of crop harvested, which resulted in some workers receiving less than minimum wage and working extended hours to meet volume targets.

Unions continued to urge the government, especially the Ministry of Manpower, to do more to address the country’s poor worker safety record and lax enforcement of health and safety regulations, particularly in the construction sector. There were no reliable national estimates for workplace deaths or injuries. In April the Confederation of Worker’s Union urged the government to require business owners to comply with government requirements to suspend operations during COVID-19 lockdowns because many factory workers were required to report to work by their employers in defiance of government lockdown orders.

The constitution provides for freedom of association, but neither the constitution nor law specifies trade union rights. The law states that workers may establish an Islamic labor council or a guild at any workplace, but the rights and responsibilities of these organizations fell significantly short of international standards for trade unions. In workplaces where workers established an Islamic labor council, authorities did not permit any other form of worker representation. The law requires prior authorization for organizing and concluding collective agreements. Strikes are prohibited in all sectors, although private-sector workers may conduct “peaceful” campaigns within the workplace. The law does not apply to establishments with fewer than 10 employees.

Authorities did not respect freedom of association and the right to collective bargaining, and the government did not effectively enforce applicable laws. The government severely restricted freedom of association and interfered in worker attempts to organize. Labor activism is considered a national security offense, for which conviction carries severe punishments up to and including the death penalty. The law does not prohibit antiunion discrimination and does not require reinstatement of workers fired for union activity.

Antiunion discrimination occurred, and the government harassed trade union leaders, labor rights activists, and journalists during a crackdown on widespread protests. Independent trade unionists were subject to arbitrary arrests, tortured, and if convicted subjected to harsh sentences, including the death penalty.

According to Radio Zamaneh in June, Jafar Azimzadeh, the general secretary of the board of the Free Trade Union of Iranian workers and a prominent labor activist, was given another sentence of 13 months in prison for “propaganda against the regime.” Azimzadeh was arrested in 2015 and sentenced to six years in prison by Branch 15 of the Revolutionary Court of Tehran for organizing a petition that collected 40,000 signatures to raise the national minimum wage. In September, Azimzadeh was transferred to Rajai Shahr Prison after ending a 21-day hunger strike in protest of being denied medical treatment after contracting COVID-19, along with 11 other prisoners in Evin Prison.

According to media and NGO reporting, on May 1, International Labor Day, police violently attacked and arrested at least 35 activists who had gathered for peaceful demonstrations demanding workers’ rights, organized by 20 independent labor organizations, in front of parliament. The government barred teachers from commemorating International Labor Day and Teachers’ Day. Several prominent teachers and union activists remained in prison untried or if convicted awaited sentences, including Mahmoud Beheshti Langroudi (see below).

The Interior Ministry; the Ministry of Cooperatives, Labor, and Social Welfare; and the Islamic Information Organization determined labor councils’ constitutions, operational rules, and election procedures. Administrative and judicial procedures were lengthy. The Workers’ House remained the only officially authorized national labor organization, and its leadership oversaw, granted permits to, and coordinated activities with Islamic labor councils in industrial, agricultural, and service organizations with more than 35 employees.

According to CHRI, the labor councils, which consisted of representatives of workers and a representative of management, were essentially management-run unions that undermined workers’ efforts to maintain independent unions. The councils, nevertheless, sometimes could block layoffs and dismissals. There was no representative workers’ organization for noncitizen workers.

According to international media reports, security forces continued to respond to workers’ attempts to organize or conduct strikes with arbitrary arrests and violence. As economic conditions deteriorated, strikes and worker protests were numerous and widespread across the country throughout the year, often prompting a heavy police response. Security forces routinely monitored major worksites. According to CHRI, workers were routinely fired and risked arrest for striking, and labor leaders were charged with national security crimes for trying to organize workers.

According to Radio Zamaneh, workers at Haft Tappeh sugarcane company began striking in June to reverse the privatization of the company and to demand the arrest of CEO Omid Asadbeigi accused of currency theft and the embezzlement of their wages. On September 7, the Supreme Auditing Court ruled that Haft Tappeh’s sale must be annulled “due to violations in transferring the ownership of the company, failure to achieve goals set by the sale and the buyers’ bad faith in honoring their commitments,” thereby removing Asadbeigi as owner. The Haft Tappeh Workers Syndicate then issued a statement declaring a temporary halt to the protest.

According to a CHRI report, in 2018 security forces violently suppressed protests at Haft Tappeh, the country’s largest sugar production plant, which had been the site of continuing protests against unpaid wages and benefits for more than two years. In May 2019 the protests resurfaced in response to the announcement of a joint indictment issued against five journalists and two labor rights activists. Sepideh Gholian, Amir Hossein Mohammadifard, Sanaz Allahyari, Ali Amirgholi, Asal Mohammadi, Esmail Bakhshi, and Ali Nejati were charged with “assembly and collusion against national security,” “forming groups with the intention to disturb national security,” and “contacts with antistate organizations.” In December 2019 they each received a prison sentence of five years. Except for Gholian, all as well as syndicate member Mohammad Khanifar were reportedly pardoned during the year. Gholian was re-arrested a week after being released on bail in June and was transferred to Evin Prison.

On October 29, four Haft Tappeh workers–Yusef Bahmani, Hamid Mombini, Massoud Hayouri, and Ebrahim Abassi–were arrested for “disrupting public order” and interrogated without access to their lawyers. In November they started a hunger strike at Dezful Prison to protest their unlawful detention. As of November 8, the strike continued.

According to NGO and media reports, as in previous years, a number of trade unionists were imprisoned or remained unjustly detained for their peaceful activism. Mehdi Farahi Shandiz, a member of the Committee to Pursue the Establishment of Labor Unions in Iran, continued serving a three-year sentence, having been convicted of “insulting the supreme leader” and “disrupting public order.” Arrested several times and jailed since 2012, there were reports that Shandiz was beaten and tortured in Karaj Prison and kept for prolonged periods in solitary confinement.

The government continued to arrest and harass teachers’ rights activists from the Teachers Association of Iran and related unions. In March 2019 media outlets reported continued nationwide teacher strikes demanding better pay, rights to an official union, and the release of teachers’ rights activists who were jailed during protests in 2018. Hashem Khastar–a teachers’ rights activist from Mashhad, was arrested in August 2019 after signing an open letter calling for the resignation of the supreme leader–received a 16-year sentence on March 29.

According to a CHRI report, Mahmoud Beheshti-Langroudi, the former spokesman for the Iranian Teachers’ Trade Association (ITTA) jailed since 2017, continued a 14-year combined sentence for charges associated with his peaceful defense of labor rights. CHRI reported in July 2019 that Beheshti-Langroudi commenced another hunger strike protesting his unjust sentence, the judiciary’s refusal to review his case, and the mistreatment of political prisoners.

Esmail Abdi, a mathematics teacher and former secretary general of ITTA, continued a six-year prison sentence for labor rights activism. He was arrested in 2015 and convicted in 2016 for “propaganda against the state” and “collusion against national security.” On March 17, Abdi was furloughed due to the COVID-19 pandemic but was returned to Evin Prison in April to serve a suspended 10-year sentence he received in 2010 for “gathering information with the intention to disrupt national security” and “propaganda against the state.” He contracted COVID-19 after being returned to Evin. Human rights activists viewed Abdi’s re-arrest as a new wave of repression aimed to keep heads down before May Day.

Education International and the United Kingdom Teachers’ Union, NASUWT, condemned Abdi’s re-arrest and also called for the immediate release of Mohammad Habibi, another teacher who was arrested in 2018. Habibi, who is serving a harsh prison sentence for pressing for an improved educational environment, was terminated from the education service.

Media reported that on June 1, a member of the Trade Union of the Tehran and Suburbs Vahed Bus Company was flogged 74 times. Seyed Rasoul Taleb Moghadam, a union member who was detained during the 2019 International Workers’ Day demonstration, presented himself at Evin Court for his sentence. Afterwards, he was transferred to Evin Prison’s quarantine area.

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law and made no significant effort to address forced labor during the year. It was unclear whether penalties were commensurate with those prescribed for other analogous crimes such as kidnapping. Conditions indicative of forced labor sometimes occurred in the construction, domestic labor, and agricultural sectors, primarily regarding adult Afghan men and boys younger than age 18. Family members and others forced children to work.

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

The law does not prohibit the worst forms of child labor. The law prohibits employment of children younger than age 15 and places restrictions on employment of children younger than 18, such as prohibiting hard labor or night work. The law does not apply to domestic labor and permits children to work in agriculture and some small businesses from the age of 12. The government did not adequately monitor or enforce laws pertaining to child labor, and child labor remained a serious problem. Penalties for violations were not commensurate with those for other analogous, serious crimes, such as kidnapping. The United Nations in 2016 cited a 2003 law that exempts workshops with fewer than 10 employees from labor regulations as increasing the risks of economic exploitation of children. The UN report also noted serious concerns with the large number of children employed under hazardous conditions, such as in garbage collection, brick kilns, and industrial workshops, without protective clothing and for very low pay. According to HRW, on June 7, the Guardian Council approved a 51-article bill to protect children and adolescents that includes penalties for certain acts that harm a child’s safety and well-being, including physical harm and preventing access to education. The law reportedly allows officials to relocate children in situations that seriously threaten their safety. Article 7 of the law imposes financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level (see section 6, Children).

There were reportedly significant numbers of children, especially of Afghan descent, who worked as street vendors in major urban areas. According to official estimates, there were 60,000 homeless children, although many children’s rights organizations estimated up to 200,000 homeless children. The Committee on the Rights of the Child reported that street children in particular were subjected to various forms of economic exploitation, including sexual abuse and exploitation by the public and police officers. Child labor also was used in the production of carpets and bricks. Children worked as beggars, and there were reports criminals forced some children into begging rings. According to the Iranian Students News Agency, Reza Ghadimi, the managing director of the Tehran Social Services Organization, said in 2018 that, according to a survey of 400 child laborers, 90 percent were “molested.”

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

The constitution bars discrimination based on race, gender, disability, language, and social status “in conformity with Islamic criteria,” but the government did not effectively enforce these prohibitions. According to the constitution, “everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests and does not infringe on the rights of others.” Discrimination with respect to employment and occupation occurred in several categories, including gender, ethnicity, and disability.

Despite this constitutional provision, the government made systematic efforts to limit women’s access to the workplace, and their participation in the job market remained as low as 16 percent. Women reportedly earned 41 percent less than men for the same work. Unemployment of women in the country was twice as high as it was of men. Hiring practices often discriminated against women, and the Ministry of Cooperatives, Labor, and Social Welfare guidelines stated that men should be given preferential hiring status. An Interior Ministry directive requires all officials to hire only secretaries of their own gender. The labor code restricts women from working in jobs deemed hazardous or arduous. Women remained banned from working in coffee houses and from performing music alongside men, with very limited exceptions made for traditional music. Women in many fields were restricted from working after 9 p.m.

Kurds, Ahwazis, Azeris, and Baluchis reported political and socioeconomic discrimination with regard to their access to economic aid, business licenses, and job opportunities.

CHRI reported that, according to the director of the State Welfare Organization, 60 percent of persons with disabilities remained unemployed.

e. Acceptable Conditions of Work

In 2018 the Supreme Labor Council, the government body charged with proposing labor regulations, agreed to raise the minimum monthly wage by 19.8 percent. There were reported complaints that the minimum wage increase was too low in light of the plunging value of the Iranian rial against the United States dollar, which is used to price day-to-day goods. The minimum wage is commonly below the poverty line in rural areas. In April media reported that following failed meetings, workers, employers, and the government agreed to increase the minimum wage from last year’s by 21 percent. Workers’ monthly allowance was set at $25 and the daily wage increased to $3.80 according to ILNA.

Forced migration across the country and illegal collection and sales of plastics and other waste products were early indicators of the critical socioeconomic situation on the rise since the COVID-19 outbreak. The Ministry of Labor reported that more than 783,000 individuals registered for unemployment insurance for the first time between mid-March and late April, of whom 654,000 had been approved. The Iranian Parliament Research Center estimated that between 2.8 and 6.4 million workers, a significant proportion of whom were day laborers and small business owners, could become unemployed due to the far-reaching effects of COVID-19.

The law establishes a maximum six-day, 44-hour workweek with a weekly rest day, at least 12 days of paid annual leave, and several paid public holidays. Any hours worked above that total entitles a worker to overtime. The law mandates a payment above the hourly wage to employees for any accrued overtime and provides that overtime work is not compulsory. The law does not cover workers in workplaces with fewer than 10 workers, nor does it apply to noncitizens.

Employers sometimes subjected migrant workers, most often Afghans, to abusive working conditions, including below-minimum-wage salaries, nonpayment of wages, compulsory overtime, and summary deportation without access to food, water, or sanitation facilities during the deportation process. The government did not effectively enforce the laws related to wages and hours, and occupational safety and health. Penalties were not commensurate with those for similar crimes, such as fraud.

According to media reports, many workers continued to be employed on temporary contracts, under which they lacked protections available to full-time, noncontract workers and could be dismissed at will. On June 2, a group of nurses protested after their temporary contracts were not renewed. While the Health Ministry had complained of a shortage of up to 100,000 nurses, health-care centers and hospitals increasingly took advantage of labor laws that allowed them to hire nurses with 87-day contracts, which were not renewed. The problem was compounded by the pandemic, as many private and state hospitals lost business from revenue-generating procedures, which were placed on hold. In June health-care workers protested in several cities after hospitals failed to pay the government approved wages. None had received overtime pay or COVID-19 health benefits. Large numbers of workers employed in small workplaces or in the informal economy similarly lacked basic protections.

Low wages, nonpayment of wages, and lack of job security due to contracting practices continued to contribute to strikes and protests, which occurred throughout the year. According to local and international media reports, thousands of teachers, and workers from a variety of other sectors continued to hold large-scale, countrywide rallies and protests demanding wage increases and payment of back wages. During the year authorities increased pressure against these protesters through intimidation, wrongful arrests, and arbitrary charges. In June a court in the western city of Arak sentenced 42 workers to 74 lashes, one year in prison, and one month of hard labor on a railroad. In October 2019 security forces had brutally beat them as they demonstrated outside their employer’s factory over unpaid wages and the company’s privatization.

In August workers in oil refining, petrochemicals and drilling industries continued to strike over working conditions and unpaid wages.

Little information was available regarding labor inspection and related law enforcement. While the law provides for occupational health and safety standards, the government sometimes did not enforce these standards in either the formal or informal sectors. The law states inspections may be done day or night, without prior notice. Family businesses require written permission of the local prosecutor. Workers reportedly lacked the power to remove themselves from situations that endangered their health or safety without jeopardizing their employment. Responsibility for identifying unsafe situations rests with the technical protection and occupational health committee of workplaces designated by the Ministry of Labor.

Labor organizations reported that hazardous work environments resulted in the deaths of thousands of workers annually. In February according to a report from a state media outlet, the head of the Public Relations and International Affairs Office of the Iranian Forensic Medicine Organization Hamed Naeiji announced that in 2019 the number of work-related death and injuries increased by 8.5 percent in comparison with the same period of the previous year. Naeiji stated the three main reasons for work-related deaths were falls, being hit by hard objects, and electrocution. In 2018 ILNA quoted the head of the Construction Workers Association as estimating there were 1,200 deaths and 1,500 spinal cord injuries annually among construction workers, while local media routinely reported on workers’ deaths from explosions, gas poisoning, electrocution, or similar accidents.

The constitution states that citizens have the right to form and join unions and professional associations. The law, however, prohibits the formation of unions independent of the government-controlled General Federation of Iraqi Workers and in workplaces with fewer than 50 workers. The law does not prohibit antiunion discrimination or provide reinstatement for workers fired for union activity. The law allows workers to select representatives for collective bargaining, even if they are not members of a union, and affords workers the right to have more than one union in a workplace. In June the government ratified International Labor Organization Convention 87, Freedom of Association and Protection of the Right to Organize.

The law also considers individuals employed by state-owned enterprises (who made up approximately 10 percent of the workforce) as public-sector employees. CSOs continued to lobby for a trade union law to expand union rights.

Private-sector employees in worksites employing more than 50 workers may form workers committees–subdivisions of unions with limited rights–but most private-sector businesses employed fewer than 50 workers.

Labor courts have the authority to consider labor law violations and disputes, but no information was available concerning enforcement of the applicable law, including whether procedures were prompt or efficient or whether penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Strikers and union leaders reported that government officials threatened and harassed them.

The law allows for collective bargaining and the right to strike in the private sector, although government authorities sometimes violated private-sector employees’ collective bargaining rights. Some unions were able to play a supportive role in labor disputes and had the right to demand government arbitration.

The law prohibits all forms of forced or compulsory labor–including slavery, indebtedness, and trafficking in persons–but the government did not effectively monitor or enforce the law. Penalties were not commensurate with those prescribed for analogous, serious crimes such as kidnapping.

Employers subjected foreign migrant workers–particularly construction workers, security guards, cleaners, repair persons, and domestic workers–to forced labor; confiscation of passports, cellphones, ATM cards, and other travel and identity documents; restrictions on movement and communications; physical abuse, sexual harassment, and rape; withholding of wages; and forced overtime. There were cases of employers stopping payment on contracts and preventing foreign employees from leaving the work site.

Employers subjected women to involuntary domestic service through forced marriages and the threat of divorce, and women who fled such marriages or whose husbands divorced them were vulnerable to social stigma and increased vulnerability to further forced labor. Female IDPs, single women, and widows were particularly vulnerable to economic exploitation and discriminatory employment conditions.

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

The constitution and law prohibit the worst forms of child labor. In areas under central government authority, the minimum age for employment is 15. The law limits working hours for persons younger than 18 to seven hours a day and prohibits employment in work detrimental to health, safety, or morals of anyone younger than 18. The labor code does not apply to juveniles (ages 15 to 18) who work in family-owned businesses producing goods exclusively for domestic use. Since children employed in family enterprises are exempt from some protections in the labor code with regard to employment conditions, there were reports of children performing hazardous work in family-owned businesses.

The law mandates employers bear the cost of annual medical checks for working juveniles. Children between the ages of 12 and 15 are not required to attend school, but also not permitted to work. Penalties include imprisonment for a period of 30 days to six months and a fine of up to one million dinars ($880), to be doubled in the case of a repeated offense. Data on child labor was limited, particularly with regard to the worst forms of child labor, which further limited enforcement of existing legal protections. Child labor, including in its worst forms, occurred throughout the country. This included forced begging and commercial sexual exploitation, sometimes as a result of human trafficking, according to international NGOs.

The Ministry of Labor and Social Affairs is charged with enforcing the law prohibiting child labor in the private and public sectors, and labor law enforcement agencies took actions to combat child labor. The government lacked programs that focus on assisting children involved in the worst forms of child labor. Gaps existed within the authority and operations of the ministry that hindered labor law enforcement, including an insufficient number of labor inspectors and a lack of funding for inspections, authority to assess penalties, and labor inspector training. Inspections continued, and resumed in areas liberated from ISIS, but due to the large number of IDPs, as well as capacity constraints and the focus on maintaining security and fighting terrorism, law enforcement officials and labor inspectors’ efforts to monitor these practices were ineffective. Penalties for violations were not commensurate with those prescribed for other serious crimes, such as kidnapping. In the IKR, education is mandatory until age 15, which is also the minimum age for legal employment.

The KRG Ministry of Labor and Social Affairs estimated several hundred children worked in the IKR, often as street vendors or beggars, making them particularly vulnerable to abuse. The ministry operated a 24-hour hotline for reporting labor abuses, including child labor, that received approximately 200 calls per month.

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

The constitution provides that all citizens are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status. The law prohibits discrimination based on gender, race, religion, social origin, political opinion, language, disability, or social status. It also prohibits any forms of sexual harassment in the workplace. The government was ineffective in enforcing these provisions. Penalties were commensurate with laws related to civil rights, such as election interference. The labor law limits women from working during certain hours of the day and does not allow them to work in jobs deemed hazardous or arduous. Women must obtain permission from a male relative or guardian before being granted a Civil Status Identification Card for access to employment. The law does not prohibit discrimination based on age, sexual orientation or gender identity, HIV-positive status, or other communicable diseases. The law allows employers to terminate workers’ contracts when they reach retirement age, which is lower by five years for women. The law gives migrant Arab workers the same status as citizens but does not provide the same rights for non-Arab migrant workers, who faced stricter residency and work visa requirements.

Refugees and asylum seekers are legally entitled to work in the private sector. The central government does not recognize the refugee status of Palestinians, but the KRG does. Palestinians are allowed to work in the private sector but are required to renew their status annually. Syrian refugees were able to obtain and renew residency and work permits both in refugee camps and in the IKR, although not in the rest of the country. Authorities arrested refugees with IKR residence permits who sought work outside the region and returned them to the IKR. A UNHCR survey of Syrian refugees in the IKR between April and June showed that 89 percent of the refugee families had at least one family member regularly employed.

Many persons of African descent lived in extreme poverty and were nearly 80 percent illiterate; more than 80 percent were reportedly unemployed. According to some sources, they constituted 15 to 20 percent of the Basrah region’s 2.5 million inhabitants. They were not represented in politics, held no senior government positions, and reported that discrimination kept them from obtaining government employment.

Stateless persons faced discrimination in employment and access to education. Many stateless persons were not able to register for identity cards, which prevented them from enrolling in public school, registering marriages, and gaining access to some government services. Stateless individuals also faced difficulty obtaining public-sector employment and lacked job security.

Despite constitutional guarantees, no laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities had limited access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.

Although a 2016 Council of Ministers decree orders access for persons with disabilities to buildings and to educational and work settings, incomplete implementation continued to limit access. There is a 5 percent public-sector employment quota for persons with disabilities, but employment discrimination persisted, and quotas were not met. The Ministry of Labor and Social Affairs maintained loan programs for persons with disabilities for vocational training.

Discrimination in employment and occupation occurred with respect to women, foreign workers, and minorities (see section 6). Media reported in February and June that the availability of foreign workers willing to accept longer hours and lower pay in unskilled positions had increased unemployment to approximately 23 percent and led foreign workers to commandeer certain undesired industries such as janitorial services and the food industry, resulting in social stigmatization.

In July the Labor Ministry reported that COVID-19 and a drop in oil prices caused the percentage of Iraqis living in poverty to increase from 22 percent in 2019 to 34 percent in the current year. NGOs reported that women and migrants workers faced the highest rates of unemployment during the pandemic. Women fared worse than men, with 40 percent of women working in the private sector losing their jobs, compared to 12 percent for men.

There were more than 15 unions, associations, and syndicates in the IKR, all led by all-male executive boards. In response the Kurdistan United Workers Union established a separate women’s committee, reportedly supported by local NGOs, to support gender equality and advance women’s leadership in unions in the IKR.

e. Acceptable Conditions of Work

The national minimum wage, set by federal labor law, was above the poverty line. The law limits the standard workday to eight hours, with one or more rest periods totaling 30 minutes to one hour, and the standard workweek to 48 hours. The law permits up to four hours of overtime work per day and requires premium pay for overtime work. For industrial work, overtime should not exceed one hour per day. The government sets occupational health and safety standards. The law states that for hazardous or exhausting work, employers should reduce daily working hours. The law provides workers the right to remove themselves from a situation endangering health and safety without prejudice to their employment but does not extend this right to civil servants or migrant workers, who together made up the majority of the country’s workforce.

The Ministry of Labor has jurisdiction over matters concerning labor law, child labor, wages, occupational safety and health topics, and labor relations. The ministry’s occupational safety and health staff worked throughout the country, but the government did not effectively enforce regulations governing wages or working conditions. In June the Iraqi Communist Party criticized the Ministry of Electricity decision to reduce day workers’ monthly wages from 330,000 dinars ($290) to 205,000 dinars ($180). The number of inspectors was not sufficient to enforce compliance. Penalties for labor violations were not commensurate with those for similar crimes such as fraud.

Occupational safety and health (OSH) standards are appropriate for the main industries. It is unclear whether responsibility for identifying unsafe situations remains with OSH experts and not the workers. Penalties for OSH violations were not commensurate with those for crimes such as negligence.

The legal and regulatory framework, combined with the country’s high level of violence and insecurity, high unemployment, large informal sector, and lack of meaningful work standards, resulted in substandard conditions for many workers. Workplace injuries occurred frequently, especially among manual laborers; however, no data was available on the specific number of industrial accidents that resulted in death or serious injury.

In August the Iraqi Civil Defense Directorate reported on the death of a maintenance worker who fell into the drainage system of a residential building in the Basrah Province. The directorate attributed the incident to a lack of adherence to OSH guidelines.

A lack of oversight and monitoring of employment contracts left foreign and migrant workers vulnerable to exploitative working conditions and abusive treatment. Local NGOs reported that thousands of migrant workers faced poor work conditions during the COVID-19 pandemic, including illegal layoffs, homelessness, unpaid wages, and sexual exploitation. In January the Labor Ministry announced the number of registered migrant workers was only 4,000 persons nationally but the total number of expatriate workers exceeded 750,000, highlighting the large number of persons working illegally in the country. Some observers reported these migrant workers lived in work camps, sometimes in substandard conditions.

The constitution provides for the rights of workers to form and join independent unions and bargain collectively. The law provides for the right to strike in both the public and private sectors, except for police and military personnel. 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.

Labor unions have the right to pursue collective bargaining and 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.

The government effectively enforced the law. Penalties were commensurate with those for similar violations, and inspection was adequate to enforce compliance. 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 generally processed 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.

The law prohibits all forms of forced or compulsory labor. The government did not consistently enforce the law; there were no prosecutions during the year.

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 commensurate with those for similar serious crimes. The government identified 42 suspected victims of trafficking in 2019, but has not convicted anyone for human trafficking since the law was amended in 2013, which weakened deterrence, contributed to impunity for traffickers, and undermined efforts to encourage victims to testify. NGOs, including the Migrant Rights Center of Ireland and the Immigrant Council of Ireland, 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. The Romani community and undocumented migrant workers were high-risk groups susceptible to human trafficking.

The law did not provide restitution to victims for the crime of trafficking, but victims of forced or compulsory labor could obtain restitution for lost wages through a criminal trial, a civil suit, state bodies dealing specifically with work-related rights, or the criminal injuries compensation tribunal. Trade unions and NGOs, including the Migrant Rights Center and the Immigrant Council, contended that the government needed to do more to identify and support victims and prosecute employers.

Some NGOs asserted that foreign national sea fishers outside of the European Economic Area were at risk of forced labor because the government did not adequately identify victims or advise victims to adjust their residency status as they no longer qualified for residence permits as trafficking victims.

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

The law prohibits the worst forms of child labor 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. 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 no reports of illegal child labor were received. 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 were commensurate with those for similar crimes.

The law bans discrimination in a wide range of 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, religion, 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 penalties were commensurate with those for similar 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 the workweek to 48 hours, and limits overtime work to two hours per day, 12 hours per week, and 240 hours per year. The government effectively enforced these standards, and passed measures to support incomes and extend unemployment benefits until April 2021 in response to COVID-19. Although there is no statutory entitlement to premium pay for overtime, the employer and employee may arrange it.

The government sets appropriate occupational health and safety standards. The Department of Enterprise, Trade, and Employment is responsible for enforcing occupational safety laws, and inspectors were authorized to make unannounced visits and initiate sanctions. Depending on the seriousness of the violation, courts may impose fines, prison sentences, or both, for violating the law. Penalties were commensurate with those for similar violations. Workers have the right to remove themselves from unsafe situations without jeopardy to their employment. No complaints from either labor or management were filed during the year regarding shortcomings in enforcement.

All sectors of the economy respected minimum wage, hours of work, and health and safety standards. The WRC secures compliance with employment rights legislation through inspection and dispute resolution. 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 46 workplace fatalities in 2019, an increase of seven from 2018. Of the fatalities, 18 were in the agriculture sector, and 12 were in construction.

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. After a union declares a labor dispute, there is a 15-day “cooling period” in which the Histadrut, the country’s largest federation of trade unions, negotiates with the employer to resolve the dispute. On the 16th day, employees are permitted to strike. Workers essential to state security, such as members of the military, police, prison service, Mossad, and the ISA, are not permitted to strike. The law prohibits strikes because of political issues and allows the government to declare a state of emergency to block a strike that the government deemed could threaten the economy or trade with foreign states. According to the Histadrut, this law has never been applied.

In May, Palestinian workers in Israel stopped paying an automatic fee to Israeli workers’ organizations, after years in which they had paid trade union fees without representation or treatment, according to the NGO Kav LaOved.

The law prohibits antiunion discrimination. A labor court has discretionary authority to order the reinstatement of a worker fired for union activity.

The government enforced applicable laws effectively, and penalties were commensurate with those for other laws involving denials of civil rights.

According to the International Trade Union Confederation, some employers actively discouraged union participation, delayed or refused to engage in collective bargaining, or harassed workers attempting to form a union. Approval by a minimum of one-third of the employees in a workplace is needed to qualify a trade union to represent all workers in that workplace.

According to Kav LaOved, a growing number of workers in teaching, social work, security, cleaning, and caregiving are employed as contract workers, which infringes on their right to associate, as it reduces their bargaining power and their right to equality.

The law prohibits and criminalizes forced or compulsory labor and prescribes penalties that are commensurate with those of other serious crimes, but the government did not effectively enforce laws protecting foreign workers and some citizens.

Migrant and Palestinian workers in agriculture and construction and women migrant domestic workers were among the most vulnerable to conditions of forced labor, including bonded labor, domestic servitude, and slavery. NGOs reported some vulnerable workers experienced indicators of forced labor, including the unlawful withholding of passports, restrictions on freedom of movement, limited ability to change employers, nonpayment of wages, exceedingly long working hours, threats, sexual assault, and physical intimidation, partly as a result of lack of adequate government oversight and monitoring.

For example, employees of the Turkish construction company Yilmazlar continued to pay a bond to the company before starting to work, received pay slips only intermittently, worked 12 to 24-hour days, lived in overcrowded conditions, and worked without proper safety measures. When trying to escape, workers were chased and beaten by individuals associated with the company, according to NGOs. A lawsuit filed by employees of Yilmazlar, alleging they suffered from abusive employment that amounts to human trafficking had yet to be adjudicated by year’s end. Four of the five workers who have already given testimony in the case had to depart the country during the year after losing their legal status due to unemployment.

On August 20, a total of 15 Thai agricultural workers employed in the south told Kav LaOved that their work conditions included extremely long work hours, lack of sleep, work in extreme heat, poor living conditions, fines for working “too slow,” no protection while working with toxins, late salary payments, and a salary below minimum wage. Kav LaOved asked authorities to investigate the matter, but no action was taken for one month, after which the NGO submitted a Supreme Court petition. On September 30, authorities recognized the workers as trafficking victims and moved them to a shelter.

Gray-market manpower agencies engaged in labor trafficking by exploiting visa waiver agreements between Israel and former Soviet Union and Eastern European countries. The traffickers illegally recruited laborers to work in construction, caregiving, and prostitution, charged them exorbitant recruitment fees, and sometimes sold them fake documentation.

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

The law prohibits the worst forms of child labor, provides for a minimum age of employment, includes limitations on working hours, and specifies occupational safety and health restrictions for children. Children age 14 and older may be employed during official school holidays in nonhazardous light work that does not harm their health. Children ages 15 and 16 who have completed education through grade nine may be employed as apprentices. Those who completed their mandatory education early or who were unable to attend an educational institution regularly may work with a government permit. Regulations restrict working hours for youths between ages 16 and 18 in all sectors. The law prohibits children younger than age 18 from working at construction sites and from working overtime.

The government generally enforced the law and conducted year-round inspections to identify cases of underage employment, with special emphasis on summer and school vacation periods. Penalties for child labor violations were not always commensurate with those for analogous serious crimes. During the year authorities imposed a number of sanctions against employers for child labor infractions, including administrative warnings and fines.

The law prohibits discrimination in employment and occupation based on age, race, religion, national origin, ethnicity, sex, sexual orientation, and disability. The law prohibits an employer from discriminating against employees, contractors, or persons seeking employment. The Employers of Women law and work safety regulations, however, restrict women from working in jobs deemed hazardous to their health, including through exposure to certain chemicals. The Equal Pay Law provides for equal pay for equal work of male and female employees. The Equal Rights for Persons with Disabilities Law prohibits discrimination against persons with disabilities (see section 6). The law does not explicitly prohibit discrimination on the basis of citizenship and HIV or AIDS status.

The government generally enforced applicable law effectively, and penalties were commensurate to those for laws related to civil rights, but civil society organizations reported that discrimination in the employment or pay of women, Ethiopian-Israelis, and Arab citizens persisted. The law charges the Commission for Equal Employment Opportunities with the implementation and civil enforcement of the Equal Employment Opportunities Law. According to the commission’s annual report, in 2019 it received 780 complaints, compared to 748 in 2018.

According to the Central Bureau of Statistics, in 2018 the average monthly salary of men was 12,500 shekels ($3,800) and 8,540 shekels for women ($2,600). A part of the pay gap reportedly resulted from a differential between the number of hours men and women worked each week on average.

The gender gap in unemployment during the COVID-19 crisis increased significantly throughout the year, from 1 percent in the beginning of the year to 37 percent as of the year’s end. Experts anticipated increased gender inequality in the job market following the COVID-19 crisis due in part to the disparity in unemployment figures of women and men.

According to government and NGO data, migrant workers, irregular African migrants, and Palestinians (both documented and undocumented) were ineligible to receive benefits such as paid leave and legal recourse in cases involving workplace injury.

On April 6, the government issued COVID-19 emergency regulations allowing employers to place pregnant women, women on maternity leave, and women undergoing fertility treatments on leave-without-pay status. Employers were allowed to take this measure despite a law stipulating that such an action may only take place upon receiving a permit from the Ministry of Labor, which may be contested through a legal process. On April 17, the government retracted the regulation following petitions from NGOs. On April 20, NGOs cancelled the petitions.

e. Acceptable Conditions of Work

The law provides for a national minimum wage for all sectors of the economy. The minimum wage was above the poverty income level for individuals but below the poverty level for couples and families. Authorities investigated employers, imposed administrative sanctions, and filed indictments for violations of the Minimum Wage Law during the year.

The law allows a maximum 43-hour workweek at regular pay and provides for paid annual holidays. Premium pay for overtime is set at 125 percent for the first two hours and 150 percent for any hour thereafter up to a limit of 15 hours of overtime per week. The government did not effectively enforce minimum wage and overtime laws. According to the National Insurance, the level of noncompliance with the hourly minimum wage law stood at 11 percent of the labor market in 2018. Data from the Ministry of Labor, Social Affairs, and Social Services showed that enforcement actions were taken against 156 employers during 2019. Penalties were not always commensurate with those for similar crimes. According to Kav LaOved, 700,000 individuals were employed on an hourly basis, which reduced their social rights and benefits because most lacked an employment contract containing specific protections.

The Labor Inspection Service, along with union representatives and construction site safety officers, enforced labor, health, and safety standards in the workplace. The government did not effectively enforce the law in all sectors, and penalties for violations were seldom applied. Labor inspectors have the right to make unannounced visits, but the number of inspectors was insufficient to enforce compliance, particularly in the construction and agriculture industries, and scaffolding regulations were inadequate to protect workers from falls. No law protects the employment of workers who report on situations that endanger health or safety or remove themselves from such situations. Seventy percent of the labor inspectors were not working in April due to COVID-19 restrictions, according to Haaretz. Employers rather than inspectors were responsible for identifying unsafe situations.

On December 6, the government implemented a 2016 government resolution to issue work permits directly to Palestinian construction workers instead of to Israeli employers to avoid trade in permits and attendant high brokerage fees. This implementation followed a September petition submitted to the Supreme Court by ACRI and Kav LaOved. The government continued to issue work permits to Israeli employers rather than to Palestinian workers in other sectors. According to Kav LaOved, prior to this change approximately 100,000 migrant workers and Palestinian workers lacked mobility in the labor market because their work permits were tied to their employers. The work permits linked the employee to a specific employer, creating a dependence that some employers and employment agencies exploited by charging employees monthly commissions and fees. According to the Bank of Israel’s 2019 report, 30 percent of Palestinian workers in the country and the settlements paid brokerage fees for their permits in monthly payments of approximately 2,000 shekels ($610), or 20 percent of their salary. In many cases the employer of record hired out employees to other workplaces. More than one-half the documented Palestinian workers did not receive written contracts or pay slips, according to the International Labor Organization.

During the COVID-19 lockdowns, the Ministry of Defense issued an order allowing Palestinians working in essential sectors to continue their work only if they remained in Israel for an extended period of time without returning to the West Bank. The order placed responsibility on employers with regards to employees’ accommodation, but NGOs reported that many Palestinians lived in poor and dangerous conditions. Following a petition by NGOs to the Supreme Court, the government issued emergency regulations on May 5, and the Knesset passed a temporary law on August 5, which defined and regulated employers’ responsibilities towards employers, including regarding housing and health insurance.

The country has bilateral work agreements (BWAs) with Bulgaria, Moldova, Romania, Ukraine, and China to employ migrants in the construction sector and with Thailand and Sri Lanka for the agricultural sector. BWAs provided foreign workers with information regarding their labor rights as well as a translated copy of their labor contract prior to arrival in the country. The government continued to help fund a hotline for migrant workers to report violations, and the government’s enforcement bodies claimed all complaints were investigated. The absence of BWAs for foreign caregivers and additional migrant workers not covered by BWAs led to continuing widespread abuses and exploitative working conditions, including excessive recruitment fees, false employment contracts, and lack of legal protections related to housing, nonpayment of wages, physical and sexual violence, and harassment.

Some employers in the agriculture sector circumvented the BWAs by recruiting “volunteers” from developing countries to earn money and learn Israeli agriculture methods. Volunteers worked eight to 10 hours per day at a salary equal to half the minimum wage and without social benefits. The individuals received volunteer visas, which did not permit them to work. Other firms employed foreign students registered for work-study programs that consisted of long hours of manual labor and pay below the minimum wage. Some employers recruited low-skilled foreign workers under the guise of being “experts” in their field. PIBA adopted guidelines for classifying foreign workers as experts. Under these guidelines, the government considers an expert to be highly skilled in a field that does not require higher education or advanced degrees. Additionally, experts may not perform low-skilled jobs, come from a country with a lower GDP than Israel, come from a country listed on the Department of State’s Trafficking in Persons Report as Tier 3 or Tier 2 watch list, or come from a country without a BWA.

A police unit was responsible for investigating workplace accidents that resulted in death or severe injuries, mainly at construction sites; however, according to media reports, the police unit carried out less than 10 investigations since its launch in 2019. On January 26, following an investigation conducted by the police unit, prosecutors indicted two junior workers, but no management workers, in causing a death “by negligence” of a Chinese worker. During the year, 65 workers died in work accidents, and another 423 workers were injured, according to Kav LaOved.

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West Bank and Gaza

The law provides for the right of workers to form or join independent unions and to bargain collectively. The law does not provide for the right to strike, although the constitution provides for the freedoms of peaceful assembly and association. The law prohibits antiunion discrimination and provides for the Industrial Disputes Tribunal (IDT) to reinstate a worker for unjustified dismissal. The law makes it a criminal offense to prevent or deter a worker from exercising the right to participate in trade union activities or to dismiss, penalize, or otherwise discriminate against a worker for exercising these rights.

Aspects of the law inhibit the ability of some workers to organize. The government defines the following 10 categories of services as “essential”: water, electricity, health, hospital, sanitation, transportation, firefighting, corrections, overseas telecommunication, and telephone services. Before workers in these categories may legally strike, they must take their dispute to the Ministry of Labor and Social Security and attempt to settle the dispute through negotiation.

The International Labor Organization (ILO) raised concerns that the country’s definition of essential services was too broad. The government prohibits unionizing in export processing zones, which are industrial areas with special tax and trade incentives to attract foreign investment. The ILO expressed concern that penalties may be imposed on workers for their membership and participation in an unregistered trade union. The ILO also expressed concern that the government may carry out inspections and request information about trade union finances at any time.

The law mandates that in the case of doubt or dispute as to whether workers may exercise bargaining rights, the labor and social security minister must conduct a secret ballot requiring that a majority of workers vote. If two or more unions each represent less than 30 percent of workers eligible to vote, the minister grants joint bargaining rights to each of those unions.

The minister of labor and social security may apply through the Supreme Court to curtail an industrial action such as a strike or lockout when the minister determines the action may be harmful to national security or the national economy, or may have the potential to endanger the lives of a substantial number of persons. The minister refers such cases to compulsory arbitration. The IDT hears cases when management and labor fail to reach agreement, including those involving nonunionized workers.

The government enforced the law in most cases, but burdensome legal procedures allowed firms and other large employers to appeal and delay resolution of their cases for years. While cases should by law be resolved within 21 days, the tribunal took several months to decide most cases. Parties could apply for judicial review by the Supreme Court. Penalties were commensurate with similar violations, but large firms allegedly used their influence on the court and government to shape decisions.

The government generally respected freedom of association and the right to collective bargaining in the formal sector except in export processing zones. Worker organizations operated without interference, although the government maintained the right to monitor their activities. While employers generally respected the law prohibiting antiunion discrimination, some labor unions reported that private-sector workers feared management retaliation against unionization. For example, it was not uncommon for private-sector employers to dismiss union workers and rehire them as contractors with fewer worker protections.

The law criminalizes all forms of forced or compulsory labor. The law also prohibits trafficking in persons but penalizes perpetrators with penalties that were not commensurate with those for similar crimes. A national task force on trafficking in persons continued outreach to sensitize citizens to forced labor and other trafficking violations. The task force also facilitated sensitization training programs for all levels of government, from police to prosecutors.

The government did not effectively enforce the law. The vast majority of violators were not held criminally accountable; between April 2019 and March, two persons were charged with labor trafficking, and there were no convictions. The country continued to be a source and destination for persons subjected to forced labor, including in domestic work, begging, and the informal sector. Gang members subjected boys to forced criminal activity (see section 7.c.). Foreign citizens were compelled into forced labor aboard foreign-flagged fishing vessels operating in the country’s waters.

The ILO expressed concern regarding the law’s provision for the imposition of forced prison labor for seafarers in the case of disobedience, neglect of duty, impeding the progress of the voyage, desertion, or absence without leave.

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

The law prohibits the worst forms of child labor. The law prohibits the exploitation of children in prostitution, the recruitment of children into criminal organizations, and the use of a child for “purposes contrary to decency or morality,” but it does not further define these terms. The law includes occupational safety and health restrictions for children and prohibits night work between 10 p.m. and 5 a.m.

The minimum age for general employment is 15, with a strict prohibition on employing children younger than 13. The law permits children between ages 13 and 15 to engage in “light work.” While the Ministry of Labor and Social Security does not have an official definition for “light work,” it maintained a list of occupations acceptable for children ages 13 to 15. The government does not have a list of types of hazardous work prohibited for children. Those who legally hire children are not required to keep any records.

The government did not effectively enforce the law. Most penalties were criminal and commensurate with those for similar crimes, but penalties for sex trafficking that allowed for a fine in lieu of imprisonment were not commensurate with similar crimes. Government surveys estimated that more than 53,000 children ages five to 17 were engaged in child labor, mostly in the informal sector. Government agencies did not inspect the informal sector, limiting the government’s ability to enforce child labor laws. Children worked in farming, fishing, and in public markets. Children also worked as domestic helpers in homes or in street work such as peddling goods, services, begging, and garbage salvaging. Some children were subjected to forced labor in these sectors.

Children were subjected to commercial sexual exploitation. Girls, sometimes coerced by family members, were subjected to sex trafficking by men who provided monetary or material payment to the girls or their families in exchange for sex acts. Local observers reported this form of child sex trafficking may be widespread in some communities. Violent criminal gangs used children for forced begging; as lookouts, armed gunmen, and couriers of drugs and weapons; and for lottery scams.

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

The constitution provides for the right to freedom from discrimination on the basis of gender, race, place of origin, social class, skin color, religion, and political opinion. The law and regulations do not prohibit discrimination on the grounds of ethnicity, nationality, sexual orientation, or gender identity. Policy from the Ministry of Labor and Social Security prohibits discrimination on the basis of HIV status. There were limited numbers of cases filed for discrimination in employment or occupation during the year, but it was likely there was underreporting due to strong stigma in the workplace against older women, persons with disabilities, members of the LGBTI community, and persons with HIV or AIDS. Those persons subject to workplace discrimination had little confidence that effective legal recourse was available to them. Although the law requires equal pay for male and female employees, salaries for women lagged behind salaries for men, and women were concentrated in lower-paying occupations. Persons with disabilities often lacked access to the workplace. There is no law mandating equal pay for equal work.

e. Acceptable Conditions of Work

The minimum wage was above the nationally estimated poverty line. Most workers received more than the legal minimum wage, while some minimum-wage earners held two or more jobs.

The law provides for a standard 40-hour workweek and mandates at least one day of rest per week. Employers are required to compensate work in excess of 40 hours per week at overtime rates, a provision most employers respected. The law provides for paid annual holidays. The government did not universally apply the law that restricts workdays to 12 hours or less.

The Occupational Safety and Health Department enforced industrial health and safety standards under ILO guidelines as appropriate for each industry. It conducted inspections, investigated accidents, warned violators, and gave them a period in which to correct violations. The department took violators to court if they did not correct violations within given time frames. The law stipulates penalties and fines, and the minister of labor and social security has the authority to increase any monetary penalty.

The government did not effectively enforce the law. Insufficient staffing in the Ministry of Labor and Social Security, Ministry of Finance and Public Service, and Ministry of National Security contributed to difficulties in enforcing workplace regulations. The number of inspectors was insufficient to enforce compliance, and the inspections took place only in the formal sector.

Legal fines or imprisonment for workplace health and safety violations were not commensurate with similar crimes. The Ministry of Labor and Social Security gained compliance in the vast majority of cases by threatening legal action. The ability of defendants to appeal a case repeatedly in the court system dulled the effectiveness of penalties. The law has no provisions that explicitly give workers the ability to remove themselves from hazardous conditions without jeopardy to employment, although the IDT may reinstate workers unfairly dismissed.

In 2017 the Inter-American Development Bank estimated the informal economy generated more than 40 percent of GDP. Most violations pertaining to acceptable conditions of work occurred in the informal sector.

The law provides for the right of private-sector workers to form and join unions of their choice without previous authorization or excessive requirements and protects their rights to strike and bargain collectively.

The law restricts the right of public-sector workers and employees of state-owned enterprises to form and join unions of their choice. Public-sector employees may participate in public-service employee unions, which may negotiate collectively with their employers on wages, hours, and other conditions of employment. The International Labor Organization raised concerns that the amended Local Public Service Act, which entered into force on April 1, could further restrict some public-sector employees’ labor rights. Public-sector employees do not have the right to strike; trade union leaders who incite a strike in the public sector may be dismissed and fined or imprisoned. Firefighting personnel and prison officers are prohibited from organizing and collectively bargaining.

Workers in sectors providing essential services, including electric power generation and transmission, transportation and railways, telecommunications, medical care and public health, and the postal service, must give 10 days’ advance notice to authorities before conducting a strike. Employees involved in providing essential services do not have the right to collective bargaining.

The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for legal union activities.

The government effectively enforced laws providing for freedom of association, collective bargaining, and legal strikes. Government oversight and penalties were commensurate with those for other laws involving denials of civil rights. Collective bargaining was common in the private sector.

In the case of a rights violation, a worker or union may lodge an objection with the Labor Committee, which may issue a relief order requiring action by the employer. If the employer fails to act, a plaintiff may then take the matter to a civil court. If a court upholds a relief order and determines that a violation of that order has occurred, it may impose a fine, imprisonment, or both.

The increasing use of short-term contracts undermined regular employment and frustrated organizing efforts.

The law prohibits all forms of forced or compulsory labor. The law, however, does not expressly define what would constitute forced or compulsory labor, allowing for prosecutorial discretion when pursuing such cases.

In general, however, the government effectively enforced the law, but enforcement was lacking in some sectors, especially those in which foreign workers were commonly employed. Legal penalties for forced labor varied depending on its form, the victim(s), and the law used to prosecute such offenses. Some were not commensurate with those for other analogous serious crimes. For example, the law criminalizes forced labor and prescribes penalties of up to 10 years’ imprisonment, but it also allows for moderate fines in lieu of incarceration. NGOs argued that reliance on multiple and overlapping statutes hindered the government’s ability to identify and prosecute trafficking crimes, especially for cases involving forced labor with elements of psychological coercion.

Indications of forced labor persisted in the manufacturing, construction, and shipbuilding sectors, primarily in small- and medium-size enterprises employing foreign nationals through the Technical Intern Training Program (TITP). This program allows foreign workers to enter the country and work for up to five years in a de facto guest worker program that many observers assessed to be rife with vulnerabilities to trafficking and other labor abuses.

Workers in the TITP experienced restrictions on freedom of movement and communication with persons outside the program, nonpayment of wages, excessive working hours, high debt to brokers in countries of origin, and retention of identity documents, despite government prohibitions on these practices. For example, some technical interns reportedly paid up to one million yen ($9,200) in their home countries for jobs and were employed under contracts that mandated forfeiture of those funds to agents in their home country if workers attempted to leave, both of which are illegal under the TITP. Workers were also sometimes subjected to “forced savings” that they forfeited by leaving early or being forcibly repatriated.

The Organization for Technical Intern Training oversees the TITP, including conducting on-site inspections of TITP workplaces. The organization maintained its increased workforce, including inspectors, but labor organizations continued to cite concerns that it was understaffed, insufficiently accessible to persons who do not speak Japanese, and ineffective at identifying labor rights violations.

To assist workers in the TITP who became unemployed during the economic downturn caused by the COVID-19 pandemic, the government allowed them to find employment with other employers and to switch designated job categories.

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

The law prohibits all of the worst forms of child labor. Children ages 15 to 18 may perform any job not designated as dangerous or harmful, such as handling heavy objects or cleaning, inspecting, or repairing machinery while in operation. They are also prohibited from working late night shifts. Children ages 13 to 15 years may perform “light labor” only, and children younger than age 13 may work only in the entertainment industry.

The government effectively enforced these laws. Penalties for child labor violations included fines and imprisonment and were commensurate with those for other analogous serious crimes.

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

The law prohibits discrimination with respect to employment and occupation but does not explicitly prohibit discrimination with respect to employment and occupation based on religion, sexual orientation or gender identity, HIV-positive status, or language.

The law prohibits gender-based discrimination in certain circumstances, including recruitment, promotion, training, and renewal of contracts. It does not address mandatory dress codes. The law imposes some restrictions on women’s employment. The law restricts women from performing certain tasks in underground mining as well as work that requires lifting very heavy objects or spraying 26 specified hazardous materials such as PCB. Additional restrictions apply to pregnant women and those who gave birth within the prior year.

In March, Japan Airlines announced that its dress code, which requires women to wear high heels and skirts, would be relaxed, allowing women to choose footwear that “best fits their needs” and to wear pants. The airline was the first major company to relax its dress code in response to a public campaign.

The government established a program for subcontracting freelance workers to receive 4,100 yen ($38) a day if they were unable to work due to school closures related to COVID-19. The government excluded hostesses and sex industry workers from it, a move criticized by the advocates for such workers. The sex industry often employs women struggling financially, and advocates noted that such women were some of the most vulnerable in society. The government cited concerns about past cases of providing subsidies to businesses with potential legal issues, such as possible ties to crime syndicates, but advocates argued that such concerns involve owners and managers, not workers and their children.

The law mandates equal pay for men and women; however, the International Labor Organization viewed the law as too limited because it does not capture the concept of “work of equal value.” Women’s average monthly wage was approximately 74 percent of that of men in 2019. The equal employment opportunity law includes prohibitions against policies or practices that have a discriminatory effect, even if unintended (called “indirect discrimination” in law), for all workers in recruitment, hiring, promotion, and changes of job type. Women continued to express concern about unequal treatment in the workforce, including sexual and pregnancy harassment. The law does not criminalize sexual harassment but includes measures to identify companies that fail to prevent it.

The women’s empowerment law requires national and local governments, as well as private-sector companies that employ at least 301 persons, to analyze women’s employment in their organizations and release action plans to promote women’s participation and advancement. Revisions to this law passed in 2019 increased the number of disclosure items for large companies in April and will expand the reporting requirements to small and medium-sized enterprises (SMEs) that employ at least 101 persons in April 2022.

In response to a record number of requests from government employees for consultations about power harassment, the Diet passed a set of labor law revisions in 2019 requiring companies to take preventive measures for power harassment in the workplace and creating additional requirements for companies to prevent sexual harassment. The revisions regarding power harassment went into effect in June, making it mandatory for large companies and an “obligation to make efforts” for SMEs until the end of March 2022. It is scheduled to become mandatory for SMEs from April 2022. The revisions regarding taking additional measures for preventing sexual harassment went into effect in July for all companies regardless of company size.

Media continued to report that sexual harassment targeting students during job-hunting activities was widespread. The government requires companies to prevent sexual harassment in the workplace, but the regulations do not apply to students looking for jobs. To address this, universities issued warnings to students, and some companies revised conduct rules for employees interviewing student job applicants. According to a survey conducted by the Japanese Trade Union Confederation in May 2019, 10.5 percent of job seekers said they experienced sexual harassment. In June a revised law went into effect requiring companies to implement counseling, general workplace harassment training, and to investigate harassment complaints. According to a survey of 110 major companies, 67 percent reported they had already taken measures to protect student applicants, 13 percent reported they were planning to take protective steps, and 13 percent reported they had no plans to implement any changes. Some efforts include requiring that one-on-one meetings take place at company facilities, prohibiting alcohol consumption at meetings, and requiring same-sex only meetings. Tokyo Metropolitan Government began to allow job seekers to report sexual harassment using social media during the year.

Workers employed on term-limited contracts, known as “nonregular” workers, continued to receive lower pay, fewer benefits, and less job security than their “regular” colleagues performing the same work. The law was amended to include provisions to obligate employers to treat regular and nonregular workers equally when the job contents are the same and the scope of expected changes to the job content and work location are the same, and prohibit “unreasonable” differences in treatment. The labor law revisions related to equal pay for equal work for regular and nonregular workers went into effect in April for large companies and is scheduled to go into effect in April 2021 for SMEs.

To increase legitimate government hiring of persons with disabilities, as of 2019 the law requires verification of disability certificates to ensure the job candidate’s disability. Health and Labor Ministry statistics showed nearly 40 percent of government institutions missed hiring targets for persons with disabilities in 2019. The law mandates that both government and private companies hire at or above a designated minimum proportion of persons with disabilities (including mental disabilities). The law requires the minimum hiring rate for the government to be 2.5 percent and for private companies to be 2.2 percent. By law companies with more than 100 employees that do not hire the legal minimum percentage of persons with disabilities must pay a moderate fine per vacant position per month. Disability rights advocates claimed that some companies preferred to pay the mandated fine rather than hire persons with disabilities.

There is no penalty for government entities failing to meet the legal minimum hiring ratio for persons with disabilities.

When a violation of equal employment opportunity law is alleged, the Labor Ministry may request the employer report on the matter, and the ministry may issue advice, instructions, or corrective guidance. If the employer fails to report or files a false report, the employer may be subject to a fine. If the employer does not follow the ministry’s guidance, the employer’s name may be publicly disclosed. Government hotlines in prefectural labor bureau equal employment departments handled consultations concerning sexual harassment and mediated disputes when possible.

e. Acceptable Conditions of Work

The law establishes a minimum wage, which varies by prefecture but in all cases allows for earnings above the official poverty line. The government effectively enforced the minimum wage.

The law provides for a 40-hour workweek for most industries and, with exceptions, limits the number of overtime hours permitted in a fixed period. The law imposing caps on overtime work on large employers was extended to SMEs in April. Violators may face penalties including fines and imprisonment commensurate with those for similar crimes. Labor unions continued to criticize the government for failing to enforce the law regarding maximum working hours; workers, including those in government jobs, routinely exceeded the hours outlined in the law.

The government sets occupational safety and health (OSH) standards. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Ministry of Health, Labor, and Welfare is responsible for enforcing laws and regulations governing wages, hours, and OSH standards in most industries. The National Personnel Authority covers government officials. The Ministry of Economy, Trade, and Industry covers OSH standards for mining, and the Ministry of Land, Infrastructure, Transport, and Tourism is responsible for OSH standards in the maritime industry.

The government effectively enforced OSH laws, and penalties for OSH violations were commensurate with those for similar crimes. While inspectors have the authority to suspend unsafe operations immediately in cases of flagrant safety violations, in lesser cases they may provide nonbinding guidance. Inspectors have the authority to make unannounced inspections and initiate sanctions. Government officials acknowledged their resources were inadequate to oversee more than 4.3 million firms and that the number of labor inspectors was not sufficient to deter violations.

Reports of OSH violations in the TITP were common, including injuries due to unsafe equipment and insufficient training, nonpayment of wages and overtime compensation, excessive and often spurious salary deductions, forced repatriation, and substandard living conditions (also see section 7.b.).

There were 125,611 major industrial accidents in 2019 resulting in the death or injury of workers requiring them to be absent from work for more than four days (845 deaths). Falls, road traffic accidents, and injuries caused by heavy machinery were the most common causes of workplace fatalities. The Ministry of Health, Labor, and Welfare also continued to grant formal recognition to victims of karoshi (death by overwork). Their former employers and the government paid compensation to family members when conditions were met.

The law provides for the right to form and join trade unions and conduct legal strikes, but with significant restrictions. There is no right to collective bargaining, although the law provides for collective agreements. The law identifies specific groups of public- and private-sector workers who may organize. It also defines 17 industries and professions in which trade unions may be established. The law requires that these 17 trade unions belong to the government-linked General Federation of Jordanian Trade Unions, the country’s sole trade union federation. The establishment of new unions requires at least 50 founding members and approval from the Ministry of Labor. The law authorizes additional professions to form professional associations on a case-by-case basis.

There were no reports of threats of violence against union heads, although labor activists alleged that the security services pressured union leaders to refrain from activism that challenged government interests. Strikes generally occurred without advance notice or registration.

In July authorities suspended The Jordanian Teachers Syndicate (the syndicate) and detained its 13-member governing board. All were released on bail following 30 days in detention. Security forces raided several of the syndicate’s offices. Under the suspension, the syndicate is prohibited for two years from conducting any activities or using its headquarters in Amman or its 12 branch offices in the governorates. Authorities stated they had acted against the syndicate because of financial transgressions under investigation by the Anti-Corruption Commission, inflammatory decisions issued by the syndicate’s council and circulated on social media, and videos of “incendiary” remarks by acting syndicate head Nasser Nawasreh released on social media. All public school teachers belong to the syndicate, which has approximately 100,000 members. On July 25 and 29, hundreds of teachers and their supporters protested in Amman and other cities (see section 2.b.).

On August 3, the International Trade Union Confederation (ITUC) sent a letter to the government in which it denounced the attacks against the syndicate, emphasizing that the international right to freedom of association is protected by law. ITUC called for the government to immediately release the arrested teachers and syndicate council members, to annul the Attorney General’s order to dissolve the syndicate, and to refrain from further attacks against and harassment of the syndicate and its members. The NCHR reported that some detained teachers signed pledges not to participate in protests or disturb the public order.

When conflicts arise during labor negotiations, the law requires that union representatives and employers first attempt to resolve the issue through informal mediation. If the issue remains unresolved, the union is required to submit a request for a Ministry of Labor-appointed mediation. Labor-appointed mediators are assigned to cases for up to 21 days. If initial mediation fails, the issue is referred to a higher mediation council composed of an employer representative, a labor representative, and a chair appointed by the minister of labor. If the council’s adjudication is unsuccessful, this issue is referred to a labor court with a panel of ministry-appointed judges for 21 days.

In March, in response to the COVID-19 pandemic, the government suspended the mandatory legal periods and deadlines regarding labor disputes stipulated in the law. The judiciary resumed operations on June 1.

In December 2019 the General Trade Union of Workers in Textile, Garment and Clothing Industries, along with the Jordan Garments, Accessories & Textiles Exporters’ Association and the Association of Owners of Factories, Workshops and Garments signed a three-year collective bargaining agreement (CBA). The agreement added new provisions to its previous versions and adopts internal policies proposed by the Ministry of Labor to eliminate abusive behaviors. The new CBA calls for employers to provide medical care for workers and to adopt zero-tolerance policies against sexual harassment. The Ministry of Labor signed a total of 19 CBAs in the year.

The law allows foreign workers to join unions but does not permit them to form unions or hold union office. Authorities did not permit civil servants to form or join unions or engage in collective bargaining. No new trade union has been established since 1976. The law prohibits antiunion discrimination and protects workers from employer retaliation for union affiliation or activities. The law does not explicitly provide the right to reinstatement for workers fired due to antiunion views.

There are limits on the right to strike, including a requirement to provide a minimum of 14 days’ notice to the employer. The law prohibits strikes if a labor dispute is under mediation or arbitration. The law prohibits management from arbitrarily dismissing workers engaged in labor activism or arbitration, but enforcement was inconsistent. Labor organizations reported that some management representatives used threats to intimidate striking workers.

The government did not fully respect freedom of association and the right to collective bargaining. Many worker organizations were not independent of the government, and the government influenced union policies and activities.

The government subsidized and audited salaries and activities of the General Federation of Jordanian Trade Unions and monitored union elections. The government denied recognition to independent unions organized outside the structure of the government-approved federation. The government did not meet with these unions, and the lack of legal recognition hampered their ability to collect dues, obtain meeting space, and otherwise address members’ workplace concerns. Labor organizations also reported difficulty getting government recognition for trade unions in new sectors beyond the 17 sectors established in law, in part because new unions would require approval by a tripartite committee in which the existing 17 union heads are represented.

Some foreign workers whose residency permits are tied to work contracts were vulnerable to retaliation by employers for participating in strikes and sit-ins. Participation in a legally unrecognized strike is counted as an unexcused absence under the law. The law allows employers to consider employment contracts void if a worker is absent more than 10 consecutive days, as long as the employer provides written notice. Labor rights organizations reported instances of refusing to renew foreign workers’ contracts due to attempts to organize in the workplace.

Observers noted that the labor code did not explicitly protect nonunionized workers from retaliation. This was particularly the case for foreign workers in all sectors as well as citizens working as day laborers in the public sector on short-term contracts.

Labor NGOs working to promote the rights of workers generally focused on promoting the rights of migrant workers. Labor NGOs did not face government restrictions in addition to or apart from those discussed in section 2.b.

The law prohibits all forms of forced or compulsory labor except in an emergency such as war or natural disaster or when prison sentences include hard labor. The government enforced the law, although penalties were not commensurate with those prescribed for analogous crimes in all cases. Labor activists noted that law enforcement and judicial officials did not consistently identify victims or open criminal investigations of forced labor.

The government inspected garment factories, a major employer of foreign labor, and investigated allegations of forced labor. A 2019 study by the Global Alliance against Trafficking in Women found that female Bangladeshi garment workers in the country suffered physical, verbal, and psychological abuse and were provided crowded, bedbug-infested living conditions and unsanitary food. Forced labor or conditions indicative of forced labor also occurred among migrant workers in the domestic work and agricultural sectors. Activists highlighted the vulnerability of agricultural workers due to minimal government oversight. Activists also identified domestic workers, most of whom were foreign workers, as particularly vulnerable to exploitation due to inadequate government oversight, social norms that excused forced labor, and workers’ isolation within individual homes. Activists further noted cases where domestic workers who used an employer’s phone to complain to a Ministry of Labor hotline sometimes experienced retaliation when the hotline returned the call to their employers. In 2019 the International Organization for Migration reported the Ministry of Labor’s Countertrafficking Unit preferred to settle potential cases of domestic servitude through mediation rather than referring them for criminal prosecution. High staff turnover at the unit also reportedly made prosecution more difficult.

Government bylaws require recruitment agencies for migrant domestic workers to provide insurance with medical and workplace accident coverage. The bylaws authorize the Ministry of Labor publicly to classify recruitment agencies based on compliance with the labor law, and to close and withdraw the license of poorly ranked agencies. As of August the ministry warned 23 recruitment agencies and transferred 11 domestic helper complaints to the PSD’s Countertrafficking Unit. A closure recommendation is an internal procedure in which inspectors send to the minister of labor their recommendation to close recruitment agencies with multiple labor violations. Based on that recommendation, the minister may issue a closure decision.

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

The law prohibits all of the worst forms of child labor. The law forbids employment of children younger than age 16, except as apprentices in light work. The law bans those between the ages of 16 and 18 from working in hazardous occupations, limits working hours for such children to six hours per day, mandates one-hour breaks for every four consecutive working hours, and prohibits work after 8 p.m., on national or religious holidays, and on weekends.

The Ministry of Labor’s Child Labor Unit was responsible for coordinating government action regarding child labor in collaboration with the National Committee on Child Labor. The Child Labor Unit, with the ministry’s labor inspectors, was responsible for enforcing all aspects of the labor code, including child labor. Authorities referred criminal violations to the magistrate’s penalty court which handles labor cases. The law provides that employers who hire a child younger than age 16 pay a fine which was not clearly prescribed. In 2019 the Ministry of Labor’s Child Labor Unit increased the number of inspectors by more than 25 percent, and established and began using an electronic child labor monitoring system to coordinate government and civil society efforts to remove children from illegal labor and provide them with services. The government increased the number of families receiving assistance through the National Aid Fund, a program that provides cash transfers to families who re-enroll working children in school. In addition, the government provided shelter, education, and financial services to children engaged in child labor. Children continue to be engaged in the worst forms of child labor, including street work and dangerous tasks in agriculture. Despite government measures, Syrian children still face barriers to education due to socioeconomic pressures, bullying, and costs associated with transportation and supplies.

Labor inspectors reportedly monitored cases of legally working children between ages 16 and 18 to issue advice and guidance, provide safe work conditions, and cooperate with employers to permit working children to attend school concurrently. The Labor Ministry had a zero-tolerance policy for labor of children younger than age 16 and hazardous work for children younger than 18.

The government took actions to combat child labor but did not fully and effectively enforce child labor laws. The government did not impose penalties that were commensurate with those for analogous crimes. The government had limited capacity to monitor children working in the informal work sector, such as those working in family businesses and the agricultural sector.

The Ministries of Labor, Education, and Social Development collaborated with NGOs seeking to withdraw children from the worst forms of child labor.

Refugee children worked in the informal sector, sold goods in the streets, worked in the agricultural sector, and begged in urban areas. In 2019 NGOs reported that when government inspectors withdrew Syrian refugee children from child labor, inspectors often took the children to the Azraq refugee camp, even when their families lived in distant urban centers or the Za’atari refugee camp, separating families for days, weeks, or months. NGOs report the reception center has since been shut down and they are aware of a very small number of cases of refugee children engaged in child labor still being sent to Azraq camp.

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

The law does not prohibit discrimination with respect to employment and occupation on the basis of race, disability, language, political opinion, national origin, citizenship, age, sexual orientation, gender identity, HIV-positive status, other communicable diseases, or social status.

The law requires private companies to hire workers with disabilities, forbids employers from firing employees solely because of a disability, and directs employers to make their workplaces accessible to persons with disabilities. Citizens and NGOs, however, reported that persons with disabilities faced problems obtaining employment. In December 2019 a coalition of 20 NGOs, private- and public-sector organizations, and disabilities advocates issued a position paper on labor law related to persons with disabilities. An NGO held discussions between government stakeholders and the HCD to review the Ministry of Labor’s Employment Bylaw. In January a group of disabilities advocates and activists held discussions at the Civil Service Bureau to reassess employment mechanisms for persons with disabilities.

Discrimination in employment and occupation also occurred with respect to gender, national origin, and sexual orientation (see section 6).

The law places restrictions on professions women are allowed to pursue, normally only “socially acceptable” positions such as nursing and teaching. By law the minister of labor issues decisions specifying the industries and economic activities that are prohibited for women, as well as the hours during which they are allowed to work. Women are prohibited from working in quarries and other hazardous environments, and are not allowed to work between 8 p.m. and 6 a.m. except in hotels, theaters, restaurants, airports, offices of tourism, hospitals, clinics, and some transportation industries. Evening work for women is limited to 30 days per year and a maximum of 10 hours per day. These restrictions limit job competition in favor of men. The Civil Service Ordinance of Jordan discriminates on the allocation of benefits such as the family allowance and cost of living allowance, which are higher for men than for women.

In October 2019 the Ministry of Labor increased the number of professions closed to foreign workers from 11 to 28, with the stated purpose of creating job opportunities in the private sector for Jordanian youth. The decision includes not renewing previously granted foreign worker permits for any of these closed professions. Amendments to the labor law passed during the year prohibit discrimination in wages based solely on gender, and include labor law protections for flexible and part-time work contracts.

Union officials reported that sectors predominantly employing women, such as secretarial work, offered wages below the official minimum wage. The law prohibits women from working in technical roles. Many women reported traditional social pressures discouraged them from pursuing professional careers, especially after marriage. According to the Department of Statistics, for the second quarter of the year, economic participation by women was 14.1 percent, and unemployment among women holding a bachelor’s degree was 78.2 percent, compared with 26 percent for men. The female unemployment rate was 28.6 percent, compared with a male unemployment rate of 21.5 percent and the overall unemployment rate of 23.1 percent.

According to the Employment Ministry, Egyptians make up the majority of foreign workers in the country. Jordan exports highly skilled and educated workers while hosting unskilled migrants to perform lower-level jobs its citizens avoid. NGOs reported foreign workers, including garment workers and domestic workers, were especially vulnerable to gender-based violence, sexual harassment, and sexual assault in the workplace. Lawyers criticized the law on harassment in the workplace, saying it did nothing to hold perpetrators of harassment accountable and only assisted victims by allowing them to resign.

Some persons with disabilities faced discrimination in employment and access to the workplace despite the law, which requires any workplace over 50 employees to have 4 percent or more of its employees be persons with disabilities. According to the Ministry of Labor, agreements were signed with private sector companies to ensure implementation of the 4-percent requirement and to allow the ministry to conduct inspections. Some migrant workers faced discrimination in wages, housing, and working conditions (see section 7.e.).

The Ministry of Labor implemented a three-year program on “Economic Empowerment and Social Participation of Persons with Disabilities.” Through the program, 13 instructors were certified to train civil society organizations, private sector companies, and the public sector. The ministry continued to implement a sign language program and offer simultaneous interpretation devices across the ministry’s departments. The Ministry also allocated 80,000 dinars ($113,000) from its budget towards the Employment of Persons with Disabilities Department.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, per month, which is above the poverty line.

The law sets a workweek of 48 hours and requires overtime pay for hours worked in excess of that level. Because there was no limit on mutually agreed overtime, the Ministry of Labor reportedly permitted employees in some industries, such as the garment sector, to work as many as 70 to 75 hours per week, and observers reported many foreign workers requested overtime work. NGOs reported some instances of forced overtime. As part of the COVID-19 pandemic response, the government announced policies for remote work, reduced wages, and suspension of operations for private sector companies. The policies included permission for employers to reduce workers’ salaries up to 50 percent in cases where employees could not report to work.

Employees are entitled to one day off per week. The law provides for 14 days of paid sick leave and 14 days of paid annual leave per year, which increases to 21 days of paid annual leave after five years of service with the same firm. Workers also received additional national and religious holidays designated by the government. The law permits compulsory overtime under certain circumstances, such as conducting an annual inventory, closing accounts, preparing to sell goods at discounted prices, avoiding loss of goods that would otherwise be exposed to damage, and receiving special deliveries. In such cases actual working hours may not exceed 10 hours per day, the employee must be paid overtime, and the period may not last more than 30 days. Observers reported some violations, mostly delays of salary payment during periods when the country was locked down for public health reasons.

Employers are required to abide by all occupational health and safety standards set by the government. The law requires employers to protect workers from hazards caused by the nature of the job or its tools, provide any necessary protective equipment, train workers on hazards and prevention measures, provide first aid as necessitated by the job, and protect employees from explosions or fires by storing flammable materials appropriately.

The government did not effectively enforce the law. The Ministry of Labor is responsible for enforcement of labor laws and acceptable conditions of work. The number of labor inspectors was sufficient to enforce compliance. Labor inspectors did not regularly investigate reports of labor abuses or other abuses of domestic workers in private homes, and inspectors cannot enter a private residence without the owner’s permission except with a court order. Employees may lodge complaints regarding violations of the law directly with the Ministry of Labor or through organizations such as their union or the NCHR. The ministry opened an investigation for each complaint.

In July the ministry temporarily shut down a factory in the Jordan Valley after workers became ill from an accidental insecticide poisoning. In June the Ministry of Labor issued verbal and written warnings to two textile factories in Karak following a notice of concern from foreign investors and complaints from employees of maltreatment and poor working conditions. The ministry placed inspectors at both locations for two weeks.

Labor standards apply to the informal sector, but the Ministry of Labor did not consistently inspect and monitor all workplace violations or apply all the protections of the labor code to domestic and agricultural workers. Authorities were also hampered by barriers to the inspection of homes where domestic workers lived. Labor organizations stated that many freelancing agricultural workers, domestic workers, cooks, and gardeners, most of whom were foreign workers, were not enrolled for social benefits from the Social Security Corporation because only salaried employees were automatically enrolled, and optional enrollment was limited to citizens. Maternity leave is not consistent between the public and private sector. Domestic workers face discrimination by nationality in their wages. Although the law was amended in 2008 to extend certain rights to domestic and agricultural workers, the law required that each group be covered by its own legislation. A regulation on domestic workers enacted in 2009 did not extend collective bargaining rights or the right to form an association. In August bylaws which regulate working conditions for agricultural workers were published for public comment by the Labor Ministry’s Legislation and Opinion Bureau.

The government requires garment-exporting manufacturers to participate in the Better Work Jordan program, a global program implemented by the International Labor Organization and the International Finance Corporation to improve labor standards. All 77 of the foreign-exporting factories required by the government to join Better Work Jordan were active members of the program.

Wage, overtime, safety, and other standards often were not upheld. Some foreign workers faced hazardous and exploitative working conditions in a variety of sectors. Penalties were not commensurate with those for similar crimes. Authorities did not effectively protect all employees who attempted to remove themselves from situations that endangered their health and safety. Labor organizations reported that female citizen workers were more likely than men to encounter labor violations, including wages below the minimum wage and harassment in the workplace.

A local NGO criticized the lack of safety protections for agricultural workers under the labor law, and reported that many migrant worker dormitories were built using combustible materials, putting residents at a greater risk of fire.

In the garment sector, foreign workers were more susceptible than citizens to dangerous or unfair conditions. Better Work Jordan stated that reports of coercion decreased during the year. Indebtedness of foreign garment workers to third parties and involuntary or excessive overtime persisted. While the law sets the minimum wage, according to an international NGO a substantial portion of the standard monthly minimum wage for foreign workers in the garment industry was used to pay employment placement agencies for food, accommodation, and travel for workers from their home countries.

Employers subjected some workers in the agricultural sector, the vast majority of whom are Egyptians, to exploitative conditions. According to a domestic NGO, agricultural workers usually received less than the minimum wage. Some employers in the agricultural sector confiscated passports. Egyptian migrant workers were also vulnerable to exploitation in the construction industry, where employers usually paid migrant workers less than the minimum wage and failed to uphold occupational health and safety standards.

Domestic workers often faced unacceptable working conditions. While domestic workers could file complaints in person with the Ministry of Labor’s Domestic Workers Directorate or the PSD, many domestic workers complained there was no follow-up on their cases. The Counter Trafficking Unit at the PSD operates a 24-hour hotline, with operators available in all languages spoken by migrant domestic workers in the country, including Tagalog, Bengali, and Tamil.

Advocates for migrant domestic workers reported that domestic workers who sought government assistance or made allegations against their employers frequently faced counterclaims of criminal behavior from the employers. Employers could file criminal complaints or flight notifications with police stations against domestic workers. Authorities waived immigration overstay fines for workers deported for criminal allegations or expired work permits. Most of the fleeing domestic workers reportedly fled conditions indicative of forced labor or abuse, including unpaid wages and, to a lesser extent, sexual or physical abuse. By law employers are responsible for renewing foreign employees’ residency and work permits but often failed to do so for domestic employees. In May the government launched an online platform called “Hemaya” to assist expatriate workers who were facing uncertainties due to the COVID-19 pandemic and wanted to return to their countries. Medium and small factories were especially affected by the pandemic; some could not meet commitments to staff, and some cancelled contracts and closed worker dormitories. The government continued its cooperation with foreign embassies to waive overstay fees for migrant domestic workers who wished to repatriate after a two-year stay in the country, a policy that greatly reduced the number of domestic workers stranded at their embassies’ shelters.

The law provides for workers’ right to unionize but limits workers’ freedom of association. The law restricted workers’ freedom of association by requiring all labor unions to affiliate with higher-level unions. On May 4, the government enacted amendments to labor-related laws, including the trade union law, to bring them closer to compliance with International Labor Organization (ILO) standards, in particular, the convention on freedom of association. The amendments removed the requirement that lower-level unions affiliate with higher-level sectoral-, territorial-, and national-level federations. The amendments also lowered membership requirements and simplified other registration requirements.

The government exercised considerable influence on organized labor and favored state-affiliated unions over independent ones. The Federation of Trade Unions of the Republic of Kazakhstan (FTUK) is the successor to state-sponsored Soviet-era labor organizations and is the largest national trade union association, with approximately 90 percent of union members on its rolls. In 2018 the International Trade Union Confederation suspended the membership of the FTUK due to a lack of independence.

In July 2019 a court in Shymkent sentenced Yerlan Baltabay, the leader of an independent union of petrochemical workers, to seven years’ imprisonment for embezzlement of union dues. Human rights observers noted the parallels between Baltabay’s case and the investigation and ultimate conviction of Larisa Kharkova in 2017 and asserted that Baltabay was also targeted for his independent labor union activism. Baltabay appealed to the president for pardon, admitting his guilt and promising to compensate inflicted damages, and President Tokayev granted pardon in August 2019. In September 2019 Baltabay published an open letter on the website of the Human Rights Bureau, reasserting his innocence in the case and stating that he had only asked for pardon at the urging of the KNB. Baltabay did not repay the claimed damages, and authorities returned him to prison in October 2019. On March 20, he was released, but he remained banned from any public activity, including trade union activities, for the next seven years.

The law provides for the right of workers to bargain collectively. The law prohibits antiunion discrimination, and a court may order reinstatement of a worker fired for union activity. Penalties for violations of these provisions included fines and imprisonment of up to 75 days, but these penalties did not deter violations. Penalties were commensurate with those for other laws involving denials of civil rights. According to the FTUK, as of January, 98 percent of large and medium enterprises had collective agreements. Overall, 41.2 percent of all working enterprises had collective agreements.

The country’s three national-level labor unions–the FTUK with two million members, Commonwealth of Trade Unions of Kazakhstan Amanat with 300,000 members, and Kazakhstan Confederation of Labor (KCL) with up to 800,000 members–had more than three million members, or 40 percent of the workforce, as of March 1. These three labor unions, jointly, consist of 24 industry trade unions, 17 regional trade unions, and more than 18,000 local trade unions. Another trade union, Yntymak, with more than 57,000 members, was established in 2018 to represent small and medium enterprises. The law provides for the right to strike in principle but imposes onerous restrictions that make strikes unlikely. For example, the right to strike may be granted only after the dispute is brought to a reconciliatory commission for consideration. It may take more than forty days to initiate the strike in accordance with the law, trade union members reported. In addition, by law there are a variety of circumstances in which strikes are illegal. A blanket legal restriction bars certain occupations from conducting a strike. Military and other security service members, emergency medical, fire, and rescue crews, as well as those who operate “dangerous” production facilities are forbidden to strike. By law such strikes are illegal.

Workers employed in the railway, transport and communications, civil aviation, healthcare, and public utilities sectors may strike, but only if they maintain minimum services to the public–that is, provided there is no harm caused to other individuals. Numerous legal limitations restrict workers’ right to strike in other industries as well. Generally, workers may not strike unless a labor dispute cannot be resolved through compulsory arbitration procedures. Decisions to strike must be taken in a meeting where at least one-half of an enterprise’s workers are present. A written notice announcing a strike must be submitted to the employer at least five days in advance.

Officials are suspected of inflicting violence in response to supposed unlawful attempts to associate. Police were accused of beating labor and civil rights activist Dulat Agadil, who died in February of unconfirmed causes while in pretrial detention, after he was arrested for his suspected links to the banned Democratic Choice of Kazakhstan movement.

Employers may fire striking workers after a court declares a strike illegal. The 2014 law also enabled the government to target labor organizers by imposing criminal charges and up to three years in prison for calls to participate in strikes declared illegal by the court. Amendments to the law during the year softened the penalty for such calls. If the calls for strikes did not result in a material violation of rights and interests of other individuals, they would be classified as minor criminal offenses, and the penalty would be limited to a fine or community service.

The law limits worker rights to make claims on their employers. For example, one article requires employers to negotiate any labor-related act with official employee representatives. If there are multiple official representatives, they have five days in which to form a working group to discuss the proposed act. If the group cannot come to consensus, the employer may accept the act without the consent of the employees. The amendments annulled the previous clause that allowed an employer to dismiss an employee, as long as a compensation allowance is paid per the labor contract. Another article lists 25 reasons an employer may fire a worker. Another provision mandates the employer to respond to a resolution of the Council for Labor Protection within 15 days.

Disagreements between unions and their employers may be presented to a tripartite commission composed of representatives of the government, labor unions, and employer associations. State-affiliated and independent labor unions participate in tripartite commissions. The tripartite commission is responsible for developing and signing annual agreements governing most aspects of labor relations. The FTUK, Amanat, and KCL established a working group on May 28 to draft the general agreement for 2021-23. They recommended that the government and employers increase the minimum wage, change the minimum subsistence allowance, establish a minimum basket of consumer goods, and negotiate on other social matters.

Foreign workers have the right to join unions, but the law prohibits the operation of foreign unions and the financing of unions by foreign entities, such as foreign citizens, governments, and international organizations. Irregular migrants and self-employed individuals resided in the country were not per se exempt from the law. Approximately two million of the 8.8 million economically active citizens were self-employed as of March.

The law prohibits all forms of forced or compulsory labor, except when it is a consequence of a court sentencing or a condition of a state of emergency or martial law. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

The law provides for punishment of convicted traffickers and those who facilitated forced exploitation and trafficking, including labor recruiters who hired workers through deliberately fraudulent or deceptive offers with the intent to subject them to forced labor, or employers or labor agents who confiscated passports or travel documents to keep workers in a state of involuntary servitude. Conviction of trafficking in persons for the purpose of labor and sexual exploitation is punishable by penalties that are sufficient to deter violations. Conviction of kidnapping and illegal deprivation of freedom with the purpose of labor or sexual exploitation is also punishable by penalties that were considered sufficient to deter violations.

The Ministry of Labor and Social Protection is responsible for conducting checks of employers to reveal labor law violations, including exploitation of foreign workers. The Ministry of Internal Affairs is responsible for identifying victims of forced labor and sexual exploitation and initiating criminal proceedings. The government effectively enforced laws to identify domestic victims of sexual exploitation, but it did not effectively enforce laws to identify foreign and domestic victims of labor trafficking. The statistics on identification of foreign victims remained low; three foreign victims were identified in 2019–two victims of forced begging and one victim of labor exploitation. Police conducted interagency operations to find victims of forced labor. Identification of forced labor victims, however, remained low and even decreased twice compared with 2018. Of 40 victims identified in 2019, 35 were victims of sexual exploitation, three were victims of labor exploitation, and two were victims of forced begging. In 2019 police investigated 102 criminal cases of human trafficking, and courts convicted eight traffickers, all for sexual exploitation.

Migrant workers were considered most at risk for forced or compulsory labor. In 2019 according to the Ministry of Internal Affairs, 1.6 million persons were registered as migrants in the country. The majority of migrant workers came from Uzbekistan, but there were also lesser numbers from Tajikistan and Kyrgyzstan. Migrant workers found employment primarily in agriculture and construction. The Ministry of Labor and Social Protection is responsible for handling matters related to migrant labor. In 2017 the government adopted a new Concept of Migration Policy for 2017-21 and an accompanying implementation plan. Together, these changes addressed both internal and external modern challenges, such as the excess of low-skilled labor due to increased inflow of labor migrants from other Central Asian countries and the deficiency of high-skilled labor in some sectors of the economy due to a low level of education.

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

The general minimum age for employment is 16. With parental permission, however, children ages 14 through 16 may perform light work that did not interfere with their health or education. The law prohibits minors from engaging in hazardous work and restricts the length of the workday for employees younger than 18.

The law prohibits all the worst forms of child labor; however, gaps existed in the legal framework to protect children adequately from the worst forms of child labor. Prohibitions against the worst forms of child labor include criminal punishment under the law. Conviction of violation of minimum age employment in hazardous work, engaging minors in pornographic shows or production of materials containing pornographic images of minors, coercion of minors into prostitution, kidnapping or illegal deprivation of freedom of a minor for the purpose of exploitation, and trafficking in minors are punishable by penalties that were commensurate with those for analogous serious crimes, such as kidnapping. The Ministry of Internal Affairs is responsible for investigating criminal offenses and training criminal police in investigating the worst forms of child labor.

The law provides for noncriminal punishments for violations of the law, including written warnings, suspensions, terminations, the withdrawal of licenses for specific types of activities, administrative penalties or fines, and administrative arrest (only by court decision and only up to 15 days for violation of legislation in relation to minors). Such violations include employment of minors without an employment agreement, which is punishable by fine with suspension of the employer’s license. Untimely or incorrect payment of salaries, nonprovision of vacation or time off, excessive work hours, and discrimination in the workplace are also punishable by fines. The Ministry of Labor and Social Protection is responsible for enforcement of child labor law and for administrative offenses punishable by fines.

The government has established institutional mechanisms for the enforcement of child labor law and regulations, but the government did not always effectively enforce the law. The complaint mechanism does not allow for anonymous individuals to report labor violations and, in 2019 no case of child labor was reported to government hotlines.

Sporadic instances of children working below the country’s minimum age of employment were reported in agriculture, including producing vegetables, weeding, and collecting worms; in construction; in the markets and streets, including transporting and selling items; in domestic work; in gas stations, car washing, and working as bus conductors; or as waiters in restaurants. There were no reports of child victims of forced labor in the sectors noted above, nor was there evidence of children being compelled or forced into such work through slavery, debt bondage, or trafficking for purposes of labor exploitation. In October media reported cotton harvesters in the country and stated they have a lack of workers, who are normally supplied by neighboring Uzbekistan. Because of this, farmers have been reliant on employing children and teenagers to work in cotton fields. Schoolchildren were spotted in fields in the Maktaaral and Zhetisay districts of the southern Turkestan region. Local farmers are traditionally aided by migrant workers from Uzbekistan, but that labor supply was interrupted by travel restrictions imposed to contain the two countries’ COVID-19 outbreaks. These forms of labor were determined by local legislation to be potentially hazardous and categorized as the worst forms of child labor. The majority of such situations occur on family farms or in family businesses.

There were 10 instances of children being used in hazardous activities, including one case of trafficking in minors for the purpose of sexual exploitation, five cases of the coercion of minors into prostitution, two cases of the engagement of minors into pornographic activities, and two cases of violation of labor legislation related to the engagement of children in works that are not allowed for children younger than age 18. In the last case, two boys (ages 13 and 15) died of carbon monoxide poisoning while sleeping overnight in the cafe where they worked as waiters.

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

By law transgender individuals are effectively barred from working in law enforcement agencies or serving in the military. Law and regulations prohibit discrimination with respect to employment and occupation based on gender, age, disability, race, ethnicity, language, place of residence, religion, political opinion, affiliation with tribe or class, public associations, or property, social, or official status. The law does not specifically prohibit discrimination with respect to laws related to employment and occupation based on sexual orientation, gender identity, HIV-positive status, or having other communicable diseases. The law prohibits specific listed conditions or diseases to work in law enforcement agencies or serve in the military. The government effectively enforced the law and regulations. Discrimination is an administrative offense punishable by a fine that is not sufficient to deter violations. Some cases like illegal termination of labor contracts due to pregnancy, disability, or minority are considered criminal offenses and are punishable by penalties which are sufficient to deter violations related to civil rights, such as election interference.

Discrimination, however, occurred with respect to employment and occupation for persons with disabilities, transgender persons, orphans, and former convicts. Transgender persons experienced workplace discrimination and have been repeatedly fired for their identity. Disability NGOs reported that despite government efforts, obtaining employment was difficult for persons with disabilities. The law does not require equal pay for equal work for women and men. NGOs reported no government body assumes responsibility for implementing antidiscrimination legislation and asserted the law’s definition of gender discrimination did not comply with international standards.

The law prohibits women from performing work in harmful conditions that require them to lift or move heavy loads. On August 6, Human Rights Commissioner Elvira Azimova proposed to amend the law to provide for equal labor rights for men and women by repealing the list of harmful and hazardous occupations prohibited for women. She particularly asked for elimination of the provision to deny employment to a female applicant in nuclear power, oil and gas, metals and mining, or petrochemical industries if working conditions are not deemed safe. In response, and in line with the recommendations of the UN Committee on the Elimination of Discrimination against Women, the country committed to annul the list of hazardous industries to specify equal access to all jobs.

In June 2019 a fight occurred at the Chevron-operated Tengiz oilfield between local and foreign workers, resulting in 45 injuries. A leading cause of the conflict was discontent among local workers who complained of wage discrepancy between local and foreign workers with similar qualifications. Following the incident the Ministry of Labor and Social Protection launched a series of inspections at companies employing foreign workers. The ministry reported the following violations: 1) foreign workers were paid 30-50 percent more than local workers; 2) local workers were paid in local currency, while foreign workers were paid in U.S. dollars; and 3) some foreign workers occupied positions that differed from that described on the work permits. These violations are punishable by fines, annulment of work permits, or deportation of a company’s foreign workforce. In February media reported the governor of a province bordering China stated he would seek the deportation of dozens of Chinese workers to defuse the local population’s fears of COVID-19.

In December 2019 the Labor and Social Protection Ministry and the Prosecutor General’s Office discovered 930 violations of law in 95 companies that employed foreigners. The most frequent violations revealed by the inspection included labor done by foreign workers that did not correspond to their work permits and discrepancies between education and job positions of foreign workers. In February Minister of Labor and Social Protection Birzhan Nurymbetov threatened companies that provide unequal living conditions for local and foreign workers with administrative actions. The ministry intended annually to inspect companies that employ more than 250 persons, including more than 30 foreign workers. Article 1 of the labor law was amended in May to provide for equal pay and equal working and living conditions with no discrimination.

e. Acceptable Conditions of Work

During the year the national monthly minimum wage was 42,500 tenge ($106) and above the poverty line, which the Bureau of National Statistics reported was 32,688 tenge ($81) per month. In April media reported the Health Care and Social Development Ministry blamed regional governments for failing to provide personal protective equipment and other necessary supplies to hospital workers on the front line of the battle against COVID-19. In some regions doctors complained about a shortage of equipment, test kits, and specialists in rural hospitals. A doctor from Jambyl province reportedly said she was the only infectious disease specialist on hand to deal with COVID-19 patients at the main hospital in the Merki district, which has an estimated 85,000 inhabitants. For two days in early April, she had to come to work with a high fever after contracting COVID-19 from a patient. She reportedly stated that medics received up to six face masks a day, but eventually nurses were ordered to make masks.

As of August 2018, the government reported that 1.3 million citizens of a nine-million-person workforce were not registered as either employed or unemployed, meaning that they likely worked in the informal economy. A Ministry of Finance spokesperson separately reported during the year that up to one-third of workers were engaged in the informal economy, referencing 2015 government and international organization statistics. These workers were concentrated in the retail trade, transport services, agriculture, real estate, beauty and hair dressing salons, and laundry and dry-cleaning businesses. Small entrepreneurs and their employees for the most part work without health, social, or pension benefits.

In May the Center for Development of Human Resources forecasted that, due to the pandemic, more than 2.5 million workers likely would lose income or be temporarily laid off. The largest layoffs or temporary job suspensions would affect accommodation and catering services, leisure and entertainment, trade, transportation and warehousing, and construction. In August the government reported assisting 743,000 individuals with vocational training, permanent employment, or temporary employment.

The law stipulates the normal workweek should not exceed 40 hours and limits heavy manual labor or hazardous work to no more than 36 hours per week. The law limits overtime to two hours per day, or one hour per day for heavy manual labor, and requires overtime to be paid at least at a 50 percent premium. The law prohibits compulsory overtime and overtime for work in hazardous conditions. The law provides that labor agreements may stipulate the length of working time, holidays, and paid annual leave for each worker. By law employees are entitled to 24 days of paid annual leave per year.

The government sets occupational health and safety standards. The law requires employers to suspend work that could endanger the life or health of workers and to warn workers about any harmful or dangerous work conditions or the possibility of any occupational disease. The occupational safety and health standards are set and inspected by government experts. The law specifically grants workers the right to remove themselves from situations that endanger their health or safety without suffering adverse employment action.

Overtime pay for holiday and after-hours work is equal to 1.5 times regular salary. The decision on pay is made by the employer or in compliance with a collective agreement, and the amount of pay is based on so-called industry-specific wage multipliers, stipulated by industrial agreements.

The Ministry of Labor and Social Protection enforces the minimum wage, workhour restrictions, overtime, and occupational safety and health standards. By law labor inspectors have the right to conduct announced and unannounced inspections of workplaces to detect violations. Both types of inspections take place only after written notification. Violations of law are considered administrative offenses, not criminal ones. Penalties for violations of minimum wage and overtime law were not commensurate with crimes like fraud. For example, a minimal punishment for fraud is a fine of approximately 2.7 million tenge ($6,500) or imprisonment for up to two years, while violations of wage or overtime payment provisions result in fines from 84,000 tenge to 272,000 tenge ($200 to $650). Penalties for violations of occupational health and safety law were also not commensurate with crimes like negligence. The latter is a criminal offense and punished either by fines or public/corrective works, or by the five-year maximum term of imprisonment. Violation of the labor safety requirements may result in notification or fines.

Inspections based on risk assessment reports are announced in writing not less than 30 days before the beginning of the inspection. Unplanned inspections are announced not less than one day prior to the beginning of the inspection. Ministry inspectors conducted random inspections of employers. From January to June, inspectors conducted 1,900 inspections and detected 3,000 violations of the law, such as wage arrears, unsafe work conditions, and illegal employment or dismissal. The FTUK analyzed and concluded that unequal payments and work conditions of local and foreign workers, the increase and indexation of wages, and the absence of local labor unions in the companies were the main factors that caused social tension in 2019.

In February the Ministry of Labor and Social Protection reported that the country has 260 labor inspectors, or one inspector per every 23,000 workers, while the ILO recommends one inspector per every 10,000 employees. The law does not allow labor inspectors to respond to violations without the permission of the prosecutor’s office and a notification to the employer.

The law provides for so-called employer’s declarations. Under this system, labor inspectors may extend a certificate of trust to enterprises that complied with labor legislation requirements. Certified enterprises are exempt from labor inspections for the three-year period. In the opinion of labor rights activists, the practice may worsen labor conditions and conceal problems. By law any enterprise or company may form a production council to address labor safety problems from representatives of an employer and employees. These councils are eligible to conduct their own inspections of the employees’ work conditions. As of January 2019, there were 12,855 production councils and 17,751 volunteer labor inspectors.

There were reports some employers ignored regulations concerning occupational health and safety. Occupational safety and health conditions in the construction, industrial, and agricultural sectors often were substandard. Workers in factories sometimes lacked quality protective clothing and sometimes worked in conditions of poor visibility and ventilation. In 2019 the government reported 1,215 workplace injuries, of which 148 resulted in death. The government attributed many labor-related deaths to antiquated equipment, insufficient detection and prevention of occupational diseases in workers engaged in harmful labor, and disregard for safety regulations. The most dangerous jobs were in mining, construction, and oil and gas, according to an expert analysis of occupations with the highest fatalities. The Ministry of Labor and Social Protection reported that in 2019, out of 1.6 million workers, more than 373,000 or 23 percent labored in hazardous conditions, 45.4 percent worked with high levels of noise and vibration, and 34.4 percent labored under high dust and gas levels.

Some companies tried to avoid payments to injured workers. Critics reported that employers, the FTUK, and the Ministry of Labor and Social Protection were more concerned with bureaucracy and filling out reports on work-related accidents than with taking measures to reduce their number. A minimal noncompliance with labor safety requirements may result in a company’s refusal to compensate workers for industrial injuries. According to activists, in 30 percent of cases, workers themselves were blamed for violating occupational health and safety regulations.

The Aktobe Labor Inspection blamed the management of the Aktobe Chromium Compound Plant for the May 28 accident in which two workers were injured and five died of chemical burns and poisoning while cleaning a tank used to hold hydroxyl. The Aktobe Labor Inspection assigned 80 percent of the blame for the accident to the employer for the breach of labor safety rules.

The law provides for the right of workers, including those in export processing zones, to form and join unions of their choice and to bargain collectively. For the union to be recognized as a bargaining agent, it must represent a simple majority of the employees in a firm eligible to join the union. This provision extends to public- and private-sector employees. Members of the armed forces, prisons service, and police are not allowed to form or join trade unions.

The law permits the government to deny workers the right to strike under certain conditions. For example, the government prohibits members of the military, police, prison guards, and the National Youth Service from striking. Civil servants are permitted to strike following a seven-day notice period. A bureau of the Ministry of Labour and Social Protection typically referred disputes to mediation, fact finding, or binding arbitration at the Employment and Labour Relations Court, a body of up to 12 judges that has exclusive jurisdiction to handle employment and labor matters and that operates in urban areas, including Nairobi, Mombasa, Nyeri, Nakuru, Kisumu, and Kericho. The Employment and Labour Relations Court also has subregistries in Meru, Bungoma, Eldoret, Malindi, Machakos, and Garissa.

By law workers who provide essential services, interpreted as “a service the interruption of which would probably endanger the life of a person or health of the population,” may not strike. Any trade dispute in a service listed as essential or declared an essential service may be adjudicated by the Employment and Labour Relations Court.

Strikes must concern terms of employment, and sympathy strikes are prohibited.

The law permits workers in collective bargaining disputes to strike if they have exhausted formal conciliation procedures and have given seven days’ notice to the government and the employer. Conciliation is not compulsory in individual employment matters. Security forces may not bargain collectively but have an internal board that reviews salaries. Informal workers may establish associations, or even unions, to negotiate wages and conditions matching the government’s minimum wage guidelines and advocate for better working conditions and representation in the Employment and Labour Relations Court. The bill of rights in the constitution allows trade unions to undertake their activities without government interference, and the government generally respected this right.

The law prohibits antiunion discrimination and provides for reinstatement of workers dismissed for union activity. The Labour Relations Court can order reinstatement and damages in the form of back pay for employees wrongfully dismissed for union activities. Labor laws apply to all groups of workers. Penalties for labor law violations were not commensurate with those for similar offenses.

The government enforced the decisions of the Labour Relations Court inconsistently. Many employers did not comply with reinstatement orders, and some workers accepted payment in lieu of reinstatement. In several cases employers successfully appealed the Labour Relations Court’s decisions to a branch of the High Court. The enforcement mechanisms of the Labour Relations Court remained weak, and its case backlog raised concerns regarding the long delays and lack of efficacy of the court.

The Labour Relations Court received many cases arising from the implementation of new labor laws. The parties filed most cases directly without referral to the Ministry of Labour and Social Protection for conciliation. The court had a significant backlog.

The chief justice designated all county courts presided over by senior resident magistrates and higher-ranking judges as special courts to hear employment and labor cases. Providing adequate facilities outside of Nairobi was challenging, but observers cited the ability of workers to submit labor-related cases throughout the country as a positive step. The 2016 employment and labor relations (procedure) rules provide parties access to file pleadings directly in electronic form, pretrial procedures, and alternative dispute resolution. The rules also set a 30-day time limit for the court to submit a report on disagreements over collective bargaining agreements filed.

The government generally respected freedom of association and the right to bargain collectively, although enforcement was inconsistent. The government expressed its support for union rights mandated in the constitution.

Airport workers at Nairobi’s Jomo Kenyatta International Airport went on strike in March to protest potential restructuring of the airport. Six striking workers were injured during clashes with police, and 10 members of the Kenya Aviation Workers Union, including its secretary general, were arrested. After negotiation, the union agreed to end the strike in exchange for release of the arrested union officials and an agreement not to fire striking workers.

Migrant workers often lacked formal organization and consequently missed the benefits of collective bargaining. Similarly, domestic workers and others who operated in private settings were vulnerable to exclusion from legal protections, although domestic workers’ unions exist to protect their interests.

The government maintained labor attaches in Qatar, Saudi Arabia, and the United Arab Emirates to regulate and coordinate contracts of migrant workers from the country and promote overseas job opportunities. The National Employment Authority manages a website that provides information to prospective migrant workers on the procedures of becoming a migrant worker in the Gulf. The Ministry of East African Community and Regional Development also helped domestic workers understand the terms and conditions of their work agreements. The government operationalized a 2017 bilateral agreement with Saudi Arabia in January after revetting recruitment agencies in Riyadh. The government has additional bilateral agreements with Qatar and United Arab Emirates. The ministry has a directorate to regulate the conduct of labor agents for local migrant workers, including requiring the posting of a performance-guarantee bond for each worker.

The misuse of internships and other forms of transitional employment threatened the survival of trade unions, with employers often not hiring employees after an internship ends. State agencies increasingly outsourced jobs to the private sector, and in the private sector, casual workers were employed on short-term contracts.

This shift contributed to declining numbers in trade unions. NGOs and trade unionists reported replacement of permanent positions by casual or contract labor, especially in the export-processing zones, the Port of Mombasa, and in the agricultural and manufacturing sectors. In some cases employers staffed permanent jobs with rotating contract workers. This practice occurred at the management level as well, where employers hired individuals as management trainees and kept them in these positions for the maximum permitted period of three years. Instead of converting such trainees to permanent staff, employers replaced them with new trainees at the end of three years.

The health sector experienced strikes precipitated by challenges related to the COVID-19 pandemic. Health workers, through their associations, issued strike notices citing failure by the government to meet their workplace demands, including adequate personal protective equipment while attending to COVID-19 patients. Counties like Nairobi and Trans Nzoia witnessed strikes by health workers. The health sector also witnessed industrial strikes by county government health professionals to protest delayed salary payments. The strikes occurred intermittently in various counties, since under the 2010 constitution, each county manages its own health system as part of the devolution of resources and services from the national government. According to the Council of Governors, all 47 counties faced delayed salaries for July due to government delay in disbursement of funds. The strikes affected delivery of services in counties such as Vihiga, Kisumu, and Nairobi, but negotiations averted some threatened strikes.

The law prohibits most forms of forced or compulsory labor, including by children. The law allowed, in some situations, up to 60 days of compulsory labor per year for the preservation of natural resources. The country made moderate advances to prevent or eliminate forced labor.

The government did not effectively enforce the law, and forced labor occurred, including forced child labor (see section 7.c.). Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor, including for political offenses. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not commensurate with those for comparable offenses. Forms of forced labor included debt bondage, trafficking of workers, and compulsion of persons, even family members, to work as domestic servants. Domestic workers from Uganda, herders from Ethiopia, and others from Somalia, South Sudan, and Burundi were subjected to forced labor in the country; however, this trend was reportedly decreasing.

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

The government prohibits most, but not all, of the worst forms of child labor. The minimum age for work (other than apprenticeships) is 17, and the minimum age for hazardous work is 18. The ministry published a list of specific jobs considered hazardous that constitute the worst forms of child labor. This list includes but is not limited to scavenging, carrying stones and rocks, metalwork, working with machinery, mining, and stone crushing. The law explicitly prohibits forced labor, trafficking, and other practices similar to slavery; child soldiering (see section 6); prostitution; the use, procuring, or offering of a child for the production of pornography or for pornographic performances; and the use by an adult for illegal activities (such as drug trafficking) of any child up to age 18. The law applies equally to girls and boys. The International Labor Organization identified gaps in the law with regards to children working as cadets at sea.

The law allows children ages 13 to 16 to engage in industrial undertakings when participating in apprenticeships. Industrial undertakings are defined under law to include work in mines, quarries, factories, construction, demolition, and transportation, which are legally categorized as hazardous work.

The law provides for penalties for any person who employs, engages, or uses a child in an industrial undertaking in violation of the law. Penalties were not commensurate with those for comparable offenses. Employment of children in the formal industrial wage sector in violation of the Employment Act was rare. The law does not prohibit child labor for children employed outside the scope of a contractual agreement. Child labor in the informal sector was widespread, but the government did not effectively monitor or control it.

The Ministry of Labour and Social Protection enforces child labor laws, but enforcement remained inconsistent. Supplementary programs, such as the International Labor Organization-initiated Community Child Labor monitoring program, helped provide additional resources to combat child labor. These programs identified children who were working illegally, removed them from hazardous work conditions, and referred them to appropriate service providers.

The government also worked closely with the Central Organization of Trade Unions and the Federation of Kenyan Employers to eliminate child labor.

In support of child protection, the Ministry of Labour and Social Protection operated a national online database system. The Child Protection Information Management System collects, aggregates, and reports on child protection data that informs policy decisions and budgeting for orphans and vulnerable children. The web-based system allows for an aggregate format of data to be made available to all the child protection stakeholders. The government had six child protection centers, which remove child laborers from the workplace, rehabilitate them, and provide counseling and life-skills training.

The government continued to implement the National Safety Net Program for Results, a project that seeks to establish an effective national safety net program for poor and vulnerable households, and the Decent Work Country Program, a project designed to advance economic opportunities. Under these programs, the government pays households sheltering orphans or other vulnerable children to deter the children from dropping out of school and engaging in forced labor. For example, there were some cases reported in the western part of the country of girls dropping out of secondary school and engaging in sex work to afford basic supplies.

Many children worked on family plots or in family units on tea, coffee, sugar, sisal, tobacco, and rice plantations, as well as in the production of khat. Children worked in mining, including in artisanal gold mines, small quarries, and sand mines. Children also worked in the fishing industry. In urban areas businesses employed children in hawking, scavenging, carrying loads, fetching and selling water, selling food, and forced begging. Children often worked long hours as domestic servants in private homes for little or no pay, and there were reports of physical and sexual abuse of child domestic servants. Parents sometimes initiated forced or compulsory child labor, such as in agricultural labor and domestic service, but also including commercial sexual exploitation.

Most of the trafficking of children within the country appeared related to domestic labor, with migrant children trafficked from rural to urban areas.

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

The law prohibits discrimination based on race, sex, ethnicity, religion, and several other criteria, but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes explicitly prohibit discrimination against persons with disabilities; provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; provide tax relief and incentives for such persons and their organizations; and reserve 30 percent of public-procurement tenders for women, youth, and persons with disabilities.

The government did not effectively enforce the law. Penalties for discrimination were not commensurate with those for comparable offenses. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, received slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but it was more frequently experienced by women. Women who tried to establish their own informal businesses were subjected to discrimination and harassment.

Many county governors appointed and employed disproportionate numbers of the dominant tribe in their county, bypassing minority groups. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).

In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group. A report detailing the ethnic composition of 417 senior civil service staff tabled at the Senate in September indicated that four tribes dominated high-level management positions in civil service. The dominant ethnic community had 29 percent of the 417 positions, while the second had 10 percent.

The law provides protection for persons with disabilities against employment discrimination, although many employers discriminated against persons with disabilities during hiring processes (see section 6, Persons with Disabilities). Due to societal discrimination, there were very limited employment opportunities for persons with albinism. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

Regulation of wages is part of the Labor Institutions Act, and the government established basic minimum wages by occupation and location, setting minimum standards for monthly, daily, and hourly work in each category. The minimum wage for all occupations exceeded the World Bank poverty rate.

The law limits the normal workweek to 52 hours (60 hours for night workers); some categories of workers had lower limits. It specifically excludes agricultural workers from such limitations. It entitles an employee in the nonagricultural sector to one rest day per week and 21 days of combined annual and sick leave. The law also requires total hours worked (regular time plus overtime) in any two-week period not exceed 120 hours (144 hours for night workers) and provides premium pay for overtime.

The government did not effectively enforce the law. Penalties were not commensurate with those for comparable offenses. Authorities reported workweek and overtime violations. Workers in some enterprises, particularly in the export processing zones and those in road construction, claimed employers forced them to work extra hours without overtime pay to meet production targets. Hotel industry workers were usually paid the minimum statutory wage, but employees worked long hours without compensation. Additionally, employers often did not provide nighttime transport, leaving workers vulnerable to assault, robbery, and sexual harassment.

The law details environmental, health, and safety standards. The Ministry of Labour and Social Protection’s Directorate of Occupational Health and Safety Services has the authority to inspect factories and work sites but employed an insufficient number of labor inspectors to conduct regular inspections. Fines generally were insufficient to deter violations.

The directorate’s health and safety inspectors can issue notices against employers for practices or activities that involve a risk of serious personal injury. Employers may appeal such notices to the Factories Appeals Court, a body of four members, one of whom must be a High Court judge. The law stipulates factories employing 20 or more persons have an internal health and safety committee with representation from workers. According to the government, many of the largest factories had health and safety committees.

The law provides for labor inspections to prevent labor disputes, accidents, and conflicts and to protect workers from occupational hazards and disease by ensuring compliance with labor laws. The government paid low salaries to labor inspectors and did not provide vehicles, fuel, or other resources, making it very difficult for labor inspectors to do their work effectively and leaving them vulnerable to bribes and other forms of corruption. The State Department for Labor faced a large number of retiring labor inspectors during the year, and there was no hiring of new inspectors.

The law provides social protections for workers employed in the formal and informal sectors. Informal workers organized into associations, cooperatives, and, in some cases, unions. All local employers, including those in the informal sector, are required to contribute to the National Hospital Insurance Fund and the National Social Security Fund; these provide health insurance and pensions respectively.

Workers, including foreigners and immigrants, have the legal right to remove themselves from situations that endanger health or safety without jeopardy to their employment. The Ministry of Labour and Social Protection did not effectively enforce these regulations, and workers were reluctant to remove themselves from working conditions that endangered their health or safety due to the risk of losing their jobs. The Kenya Federation of Employers provided training and auditing of workplaces for health and safety practices.

The law protects the right of citizen workers to form and join trade unions, bargain collectively, and conduct legal strikes, with significant restrictions. The government generally enforced applicable laws which were commensurate with those for other laws involving denial of civil rights, such as discrimination.

The law does not apply to public-sector employees, domestic workers, or maritime employees. Discrete labor laws set work conditions in the public and private sectors, with the oil industry treated separately. The law permits limited trade union pluralism at the local level, but the government authorized only one federation, the Kuwait Trade Union Federation. The law also stipulates any new union must include at least 100 workers and that at least 15 must be citizens.

The law provides workers, except for domestic workers, maritime workers, and civil servants, a limited right to collective bargaining. There is no minimum number of workers needed to conclude such agreements. The government did not effectively enforce the law. Based on available information, it was unclear whether penalties were sufficient to deter violations.

Public-sector workers do not have the right to strike. Citizens in the private sector have the right to strike, although cumbersome provisions calling for compulsory negotiation and arbitration in the case of disputes limit that right. The law does not prohibit retaliation against striking workers or prevent the government from interfering in union activities, including the right to strike. In August the National Assembly approved amendments to the private sector labor law that would provide full end-of-service benefits for workers. The indemnity covers a full end-of-service benefits package without deducting the employer’s contribution to the Social Insurance Institution during the employee’s period of employment.

In January, several vocational rehabilitation employees at the Public Authority for Disabled Affairs organized a sit-in protest of the suspension of their shift allowance. In July approximately 200 workers of a restaurant chain protested three months’ worth of unpaid salaries during COVID-19-related lockdowns.

In March due to the COVID-19 pandemic, the Ministry of Interior established the “Leave Safely” campaign, which aimed to deport approximately 200,000 residence violators. The program granted violators an amnesty period through April 30, waiving all penalties and fees. The government also provided free tickets back to violators’ home countries. In May unrest was reported at two migrant worker shelters for Egyptian nationals awaiting repatriation. Residents were barred from leaving the shelters due to authorities’ fear the workers would transmit coronavirus to the general population, despite reports of limited access to water and electricity inside the facility. Kuwaiti Special Forces dispersed the crowds with tear gas and arrested several Egyptian laborers.

According to the PAM, as of November only 4.8 percent of the total workforce in the private sector were citizens. Most citizens (81.5 percent) worked in the public sector where they constituted 76.8 percent of the total workforce, in part because the government provided lucrative benefits to citizens, including generous retirement.

The law prohibits antiunion discrimination and employer interference with union functions. It provides for reinstatement of workers fired for union activity. Nevertheless, the law empowers the courts to dissolve any union for violating labor laws or for threatening “public order and morals,” although a union can appeal such a court decision. The Ministry of State for Economic Affairs can request the Court of First Instance to dissolve a union. Additionally, the amir may dissolve a union by decree.

The government enforced applicable laws, with some exceptions, and procedures were generally not subjected to lengthy delay or appeals.

The law prohibits and criminally sanctions forced or compulsory labor “except in cases specified by law for national emergency and with just remuneration.” The law allows for forced prison labor as a punishment. Although the law prohibits withholding of workers’ passports, the practice remained common among sponsors and employers of foreign workers, particularly domestic employees in the home, and the government demonstrated no consistent efforts to enforce this prohibition. The government did not effectively enforce the law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

Employers confined some domestic and agricultural workers to their workspaces by retaining their passports and, in the case of some domestic workers, locked them in their work locations. Workers who fled abusive employers had difficulty retrieving their passports, and authorities deported them in almost all cases. The government usually limited punishment to administrative actions such as assessing fines, shutting employment firms, issuing orders for employers to return withheld passports, or requiring employers to pay back wages.

In January a group of foreign workers employed at a company contracted by the Ministry of Communications filed a complaint with the PAM over four months of unpaid salaries for 200 employees. The group also alleged that the company forced them to pay an illegal fee of 900 dinars ($2,930) for their residence permits under threat of expelling them from their housing. In July the Ministry of Education announced it was moving to suspend the licenses of six private schools for not paying teachers’ wages.

Some incidents of forced labor and conditions indicative of forced labor occurred, especially among foreign domestic and agricultural workers. Such practices were usually a result of employer abuse of the sponsorship system (kafala) for foreign workers. Employers frequently illegally withheld salaries from domestic workers and minimum-wage laborers.

Domestic servitude was the most common type of forced labor, principally involving foreign domestic workers employed under kafala, but reports of forced labor in the construction and sanitation sectors also existed. Forced labor conditions for migrant workers included nonpayment of wages, long working hours, deprivation of food, threats, physical and sexual abuse, and restrictions on movement, such as withholding passports or confinement to the workplace. As of November private sector and domestic labor employers filed approximately 15,000 reports claiming that employees “absconded.” Domestic workers filed approximately 425 complaints against their employers in accordance with the domestic labor law. As of November, PAM statistics indicated that 2634 domestic helper-related complaints had been filed. Numerous domestic workers who escaped from abusive employers reported waiting several months to regain passports, which employers had illegally confiscated when they began their employment. In July the PAM announced it would no longer accept private sector complaints over absenteeism, after reports some employers were filing them maliciously as a pretext to violate labor laws.

In September the PAM, the Supreme Council for Planning and Development, the United Nations Development Program and the International Organization for Migration launched the “Tamkeen Initiative” to implement the International Recruitment Integrity System to promote ethical recruitment of migrant workers.

The PAM operated a shelter for abused domestic workers. As of November according to a government source, the shelter had a capacity of 500 and housed 461 female domestic workers, victims of abuses or persons who were otherwise unwilling to continue to work for their employers and preferred to leave the country.

A government-owned recruiting company designed to mitigate abuses against domestic workers (“Al-Durra”) officially launched its services in 2017 and initially planned to bring 120 domestic workers a month from the Philippines and approximately 100 male workers from India. Al-Durra’s services included worker insurance, a 24/7 abuse hotline, and follow-up on allegations of labor rights violations. As of November the company announced that it helped bring into the country 205 domestic workers from the Philippines, 354 from India, 978 from Sri Lanka and four from Burkina Faso. The target recruitment fee depends on domestic workers’ experience and skillset. The government regularly conducted information awareness campaigns via media outlets and public events and otherwise informed employers to encourage compliance by public and private recruiting companies with the law.

There were numerous media reports throughout the year of sponsors abusing domestic workers or injuring them when they tried to escape. Some reports alleged that abuse resulted in workers’ deaths. Female domestic workers were particularly vulnerable to sexual abuse. Police and courts were reluctant to prosecute citizens for abuse in private residences but prosecuted some serious cases of abuse when reported, particularly when the cases were raised by the source country embassies. According to a high-level government official, authorities prosecuted several cases of domestic worker abuse. In August a female citizen was detained for torturing an elderly Sri Lankan maid by burning various parts of her body. Her three underage sons were also involved. Security forces freed the Sri Lankan migrant woman and transferred her to the Sri Lankan embassy to complete legal procedures. The case was pending as of November. In September the government announced it was opening an investigation into the death and alleged torture of a separate Sri Lankan domestic worker. The sponsor and his wife were under investigation.

In January the Philippines imposed a full ban on new workers bound to the country after the death of Filipina domestic worker Jeanelyn Villavende. The Philippine government noted that an autopsy showed Villavende was raped and beaten before she died at the hands of her employers in December. The Public Prosecutor detained because of her death a couple who had employed Villavende and referred the case to the Criminal Court on charges of premeditated murder, which carries the death sentence. The defendants denied the charges in a February court appearance. The government lifted the worker ban in February after coming to agreement over a standardized work contract that gave additional protections to workers. On December 30, the wife was sentenced to death by the Criminal Court and the husband was sentenced to four years for attempting to cover up the crime. Under the law, all death sentences are automatically reviewed by the Appeals Court.

Numerous media reports highlighted the problem of residence permit or visa trading, wherein companies and recruitment agencies collude to “sell” visas fraudulently to prospective workers. Often the jobs and companies attached to these visas do not exist, and workers are vulnerable to exploitation in the black market where they are forced to earn a living and repay the cost of their residence visa. Arrests of traffickers and illegal labor rings occurred almost weekly. In July the Minister of Social Affairs and Minister of State for Economic Affairs announced that the ministry had suspended the licenses of 2,207 companies and institutions in connection with visa trading. In August the PAM stated it had referred more than 400 companies to the Public Prosecutor over visa trading allegations since the beginning of the pandemic. Since workers cannot freely change jobs, many were unwilling to leave their initial job, even if their position existed only “on paper,” or due to low wages, wage nonpayment, or unacceptable working conditions. Workers who left their employers due to abusive treatment, nonpayment of wages or other practices associated with visa trading risked falling into illegal residency status, being accused of “absconding,” and being deported.

The COVID-19 pandemic brought increased public and press attention to visa trading. Civil society groups, press outlets, and MPs called for the government to increase its efforts to protect victims and punish traders and their enablers. In April and May, the Ministry of Interior announced numerous visa-trading investigations into government officials and those with government ties.

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

The law prohibits all of the worst forms of child labor. The legal minimum age for employment is 18, although employers may obtain permits from the Ministry of State for Economic Affairs to employ juveniles between 15 and 18 years of age in some nonhazardous trades. Juveniles may work a maximum of six hours a day with no more than four consecutive hours followed by a one-hour rest period. Juveniles cannot work overtime or between 7 p.m. and 6 a.m.

Although not extensive, there were credible reports that children of South Asian origin worked as domestic laborers. Some underage workers entered the country on travel documents with falsified birth dates.

The government did not effectively enforce the child labor law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. PAM labor and occupational safety inspectors routinely monitored private firms for labor law compliance. Noncompliant employers faced fines or a forced suspension of their company operations. Nevertheless, the government did not consistently enforce child labor laws in the informal sector, such as in street vending.

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

The law prohibits discrimination in employment based on race, sex, gender, and disability. The government immediately deports HIV-positive foreign workers, and there is no protection for workers based on sexual orientation. No laws prohibit labor discrimination based on non-HIV communicable diseases, or social status, but there were no reported cases of discrimination in these areas. Discrimination in employment and occupation occurred with respect to both citizen and noncitizen women. Female domestic workers were at particular risk of discrimination or abuse due to the isolated home environment in which they worked.

The law states that a woman should receive “remuneration equal to that of a man provided she does the same work,” although it prohibits women from working in “dangerous industries” in trades “harmful” to health, or in those that “violate public morals.” Educated women contended the conservative nature of society restricted career opportunities, although there were limited improvements. Media reported that the gender pay gap between male and female workers in the public sector was 28.5 percent for citizens and 7.9 percent for non-Kuwaitis according to government statistics. As of November women represented 52.8 percent of the citizen population, but there was a total female workforce participation rate of 55.2 percent in the public sector and 10.4 percent in the private sector. In July the Kuwait Society for Human Rights released a study describing the percentage of women in public sector leadership positions: 13 percent of ministers; 7 percent undersecretaries; 13 percent assistant undersecretaries; 19 percent directors of state bodies, agencies, or institutions; 9 percent deputy directors; 21 percent assistant secretaries general, 2 percent ambassadors; and 42 percent members in the Fatwa and Legislation Department. As of November the government announced 54 women occupied governmental leadership positions versus 294 men (the gender ratio in leadership positions was roughly 15 percent).

The law prohibits discrimination against persons with permanent physical, sensory, intellectual, and mental disabilities in employment, and it imposes penalties on employers who refrain without reasonable cause from hiring persons with disabilities. The government generally enforced these provisions. Noncitizens with disabilities had no access to government-operated facilities that covered job training, and the government still had not fully implemented social and workplace aides for persons with physical and, in particular, vision disabilities.

Shia continued to report government discrimination based on religious group. For example, Shia were not represented in any branch of the security forces and rarely held leadership positions in the security forces. Some Shia continued to allege that a glass ceiling prevented them from obtaining leadership positions in public-sector organizations, including the security services. In the private sector, Shia were generally represented at all levels in proportion to their percentage of the population.

e. Acceptable Conditions of Work

The law sets a national monthly minimum wage in the oil and private sector and a minimum monthly wage for domestic workers. Most low-wage employees were not able to bring their families to the country. Employers generally provided some form of housing. In 2019, the country ratified the Convention on the Elimination of Violence and Harassment by Public and Private Employers, which came into effect in July.

The law limits the standard workweek to 48 hours (40 hours for the petroleum industry) and gives private-sector workers 30 days of annual leave. The law also forbids requiring employees to work more than 60 hours per week or 10 hours per day. The law provides for 13 designated national holidays annually. Workers are entitled to 125 percent of base pay for working overtime and 150 percent of base pay for working on their designated weekly day off. The government effectively enforced the law. Penalties were commensurate to laws related to civil rights, such as election interference.

The government issued occupational health and safety standards that were up-to-date and appropriate for the main industries. For example, the law provides that all outdoor work stop between 11 a.m. and 4 p.m. during June, July, and August, or when the temperature rises to more than 120 degrees Fahrenheit in the shade. A worker could file a complaint against an employer with the PAM if the worker believed his safety and health were at risk. In July the PAM reported that 138 companies had violated the summer heat work ban during its recent inspections.

The law and regulations governing acceptable conditions of work in the private sector do not apply to domestic workers. The PAM has jurisdiction over domestic worker matters and enforces domestic labor working standards.

The PAM is responsible for enforcement of wages, hours, overtime, and occupational safety and health regulations of workers. Enforcement by the ministry was generally good, but there were gaps in enforcement with respect to low-skilled foreign laborers. Several ministry officials cited inadequate numbers of inspectors as the main reason for their inability to enforce the laws better.

Labor and occupational safety inspectors monitored private firms. The government periodically inspected enterprises to raise awareness among workers and employers and to assure that they abided by existing safety rules, controlled pollution in certain industries, trained workers to use machines, and reported violations. In April the PAM announced the establishment of emergency hotlines to track visa trading and labor infraction allegations.

The government did not effectively enforce the private sector labor law. The number of inspectors was not sufficient to deter violations. The PAM monitored work sites to inspect for compliance with rules banning summer work and recorded hundreds of violations during the year. Workers could also report these violations to their embassies, the Kuwait Trade Union Federation, Kuwait Society for Human Rights, or the Labor Disputes Department. Noncompliant employers faced warnings, fines, or forced suspensions of company operations, but these were not sufficient to deter violators.

In the first 10 months of the year, the Labor Disputes Department received approximately 10,498 complaints from workers, of which approximately 2,693 were referred to the courts. These complaints were either regarding contract matters, such as nonpayment of wages, or concerning difficulties transferring work visas to new companies. Most of the complaints were resolved in arbitration, with the remaining cases referred to the courts for resolution.

At times the PAM intervened to resolve labor disputes between foreign workers and their employers. The authority’s labor arbitration panel sometimes ruled in favor of foreign laborers who claimed violations of work contracts by their employers. The government was more effective in resolving unpaid salary disputes involving private sector laborers than those involving domestic workers.

Foreign workers were vulnerable to unacceptable conditions of work. Domestic workers and other unskilled foreign workers in the private sector frequently worked substantially in excess of 48 hours a week, with no day of rest.

Domestic workers had little recourse when employers violated their rights except to seek admittance to the domestic workers shelter where the government mediated between sponsors and workers either to assist the worker in finding an alternate sponsor, or to assist in voluntary repatriation. There were no inspections of private residences, which is the workplace of the majority of the country’s domestic workers. Reports indicated employers forced domestic workers to work overtime without additional compensation. In July 2019 the PAM announced it was planning to unveil a “blacklist” system that would prevent the sponsorship of domestic workers by recruitment offices or employers that violate workers’ rights. The PAM began implementing this system in February.

Some domestic workers did not have the ability to remove themselves from an unhealthy or unsafe situation without endangering their employment. There were reports of domestic workers’ committing or attempting to commit suicide due to desperation over abuse, including sexual violence or poor working conditions. A 2016 law provides legal protections for domestic workers, including a formal grievance process managed by the PAM. A worker not satisfied with the department’s arbitration decision has the right to file a legal case via the labor court.

Several embassies with large domestic worker populations in the country met with varying degrees of success in pressing the government to prosecute serious cases of domestic worker abuse. Severe cases included those where there were significant, life-threatening injuries or death.

The law provides workers the right to form and join trade unions. The government effectively enforced these rights. The law allows unions to conduct their activities without interference and provides them the right to organize and bargain collectively. Workers may strike, but the requirement to receive formal approval made striking difficult and complicated. The law on government service prohibits government employees from striking, but the prohibition does not apply to teachers or medical professionals. The law does not prohibit retaliation against striking workers. The government did not effectively enforce applicable laws.

Many unions reportedly operated as quasi-official institutions that took state interests into consideration rather than representing workers’ interests exclusively. The Federation of Trade Unions (FTU) remained the only umbrella trade union in the country. The government did not require unions to belong to the FTU. Labor rights advocates reported the existence of several smaller unaffiliated unions.

Workers exercised their right to join and form unions, and unions exercised the right to organize and bargain collectively. Union leaders, however, generally cooperated with the government. International observers judged that unions represented the interests of their members poorly. In past years some unions alleged unfair dismissals of union leaders and the formation of single-company unions. In June the government presented unspecified criminal charges against trade union leader Kanatbek Osmonov and placed Osmonov under house arrest.

The law prohibits all forms of forced or compulsory labor. The law specifically prohibits the use of force, fraud, or coercion for the purpose of sex or labor exploitation and prescribes penalties that were sufficient to deter violations. Forced labor is also prohibited by the labor code and the code on children. The government did not fully implement legal prohibitions, and victim identification remained a concern. Forced labor was found in agriculture, construction, textiles, domestic service, and childcare.

In September, Amnesty International reported that in response to the COVID-19 pandemic, the government forced doctors to work in COVID quarantine zones. Since May doctors in Kyrgyzstan have been working what the Ministry of Health has called a “Barracks Regime” (kazarmennyi rezhim) to cope with the mounting pandemic. Doctors were forced to live near or in their place of work throughout. All doctors dealing directly with COVID-19 patients were on a regime of 14 days of shifts followed by 14 days of quarantine. The 14 days of quarantine after their shift work were not spent at home, but in hotels, hostels or in designated areas within the hospitals in which they worked.

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

The law sets the minimum legal age for basic employment at 16, except for work performed without a signed employment contract or work considered to be “light,” such as selling newspapers, in which children as young as 14 may work with the permission of a parent or guardian. The law prohibits employment of persons younger than age 18 at night, underground, or in difficult or dangerous conditions, including in the metal, oil, and gas industries; mining and prospecting; the food industry; entertainment; and machine building. Children ages 14 or 15 may work up to five hours a day, not to exceed 24 hours a week; children ages 16 to 18 may work up to seven hours a day, not exceeding 36 hours a week. These laws also apply to children with disabilities. Violations of the law incur penalties, which are sufficient to deter violations. The government did not effectively enforce the law and a lack of prosecution of violations continued to pose challenges to deterrence. Almost all child labor was in agriculture based on the 2014-2015 National Child Labor Survey.

Child labor remained a problem. Children continued to be engaged in household-scale work in cotton and tobacco cultivation; growing rice, potatoes, sugar beets, and wheat; and raising cattle and sheep. Reports indicated children worked in the industrial and services sectors as well, in coal mining; brick making; and construction, including lifting and portering construction materials and cutting metal sheets for roofs. In the services sector, children worked in bazaars, including by selling and transporting goods; washing cars; working in restaurants and cafes; begging and shoe shining as part of street work; and providing domestic work, including childcare. Examples of categorical worst forms of child labor in the country included: commercial sexual exploitation, sometimes as a result of human trafficking; and illicit activities, including trafficking drugs, as a result of human trafficking (see section 7.b.).

The PGO and the State Inspectorate on Ecological and Technical Safety (Inspectorate) are responsible for enforcing employers’ compliance with the labor code. According to the Inspectorate, an insufficient number of labor inspectors resulted in infrequent and ineffective child labor inspections to ensure appropriate enforcement of the labor laws. Since many children worked for their families or were self-employed, the government found it difficult to determine whether work complied with the labor code. Due to the moratorium on unannounced business inspections, the state labor inspectorate was unable to apply penalties against any employers involved in the use of child labor.

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  and the List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

The law prohibits discrimination with respect to employment and occupation on the basis of sex, race, ethnicity, language, origin, property, official status, age, place of residence, religion, and political convictions, membership in public organizations, or other circumstances irrelevant to professional capacities. The government did not effectively enforce the law, and the penalties were insufficient to deter violations and were not commensurate to other laws on civil rights. Ethnic Uzbeks in the south also complained that discriminatory practices in licensing and registering a business with local authorities made starting a small business difficult.

On average employers paid women substantially lower wages than they paid to men. Women made up the majority of pensioners, a group particularly vulnerable to deteriorating economic conditions. By law, women are prohibited from working in “dangerous professions,” including energy, mining, water, factories, trucking, agriculture, and certain types of construction. This law is a holdover from the Soviet era, and while it is not clear that it has ever been enforced, it presents a barrier to women’s full and free participation in the economy and affects women’s earning potential. In rural areas traditional attitudes toward women limited them to the roles of wife and mother and curtailed educational opportunities. Members of the LGBTI community reported discrimination in the workplace when they publicly disclosed their sexual orientation. LGBTI persons faced a high risk of becoming the victims of deception and labor and sexual exploitation. The most vulnerable group in terms of employment is transgender women, who are frequently forced out of employment opportunities. Persons with HIV/AIDS-positive status faced discrimination regarding hiring and security of employment. Employers discriminated against persons with disabilities in hiring and limited their access to employment opportunities in the workplace. During the COVID-19 pandemic, members of the LGBTI community lack paid employment, social insurance, and the resources to work at home.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which is less than the official government’s 2017 poverty line. The law on minimum wage states it should rise gradually to meet the cost of living. The government did not effectively enforce laws related to the minimum wage. There was no employer liability for late payment of wages, allowances, or other social benefits. On July 17, the Union of Health workers asked the president for doctors’ pay to be increased. They based this request on a 2005 law which required health workers be paid not less than the average wage; this law has never been implemented. Doctors and other health workers are being paid a bonus for working the extra hours required during the COVID-19 pandemic.

The standard workweek is 40 hours, usually with a five-day week. For state-owned industries, there is a mandated 24-hour rest period in a seven-day workweek. According to the labor code, overtime work cannot exceed four hours per day or 20 hours per week. The labor code also states workers engaged in overtime work must receive compensatory leave or premium pay of between 150 and 200 percent of the hourly wage. Compliance with these requirements differed among employers. For example, large companies and organizations with strong labor unions often abided by these provisions. Employers of small or informal firms where employees had no union representation often did not enforce these legal provisions.

The National Statistics Committee defined informal economic activity as household units that produce goods and services primarily to provide jobs and income to their members. In 2017 the government estimated that only 28.8 percent of the population worked in the formal sector of the economy, while the rest worked in the informal economy.

Factory operators often employed workers in poor safety and health conditions. The law establishes occupational health and safety standards that were appropriate to main industries, but the government generally did not enforce them. Penalties for violation of the law range from community service to fines and did not sufficiently deter violations. The law does not provide workers the right to remove themselves from a hazardous workplace without jeopardizing their employment.

The State Inspectorate on Ecological and Technical Safety (Inspectorate) is responsible for protecting workers and carrying out inspections for all types of labor problems. The government did not effectively enforce the law because it was not conducting labor inspections following a moratorium on all state inspections. Even prior to the moratorium, the inspectorate limited labor inspectors’ activities. The inspectorate did not employ enough inspectors to enforce compliance. According to the International Labor Organization (ILO), the inspectorate also lacked sufficient funding to carry out inspections. The law does not provide for occupational health and safety standards for workers in the informal economy. The government did not effectively enforce occupational safety and health laws. Penalties for violations of these laws were commensurate with those for crimes like negligence.

Amnesty International reported that health workers were dying because of the COVID-19 pandemic but unreliable statistics were undermining the government’s response. The head of Human Resources of the Ministry of Health stated that in the period from the beginning of the epidemic in mid-March to July22, a total of 29 health workers had died. Records kept by nongovernmental groups, however, give higher death figures for health workers, indicating over 40 health workers had died.

Government licensing rules placed strict requirements on companies recruiting citizens to work abroad, and the Ministry of Labor, Migration, and Youth licensed such companies. The government regularly published a list of licensed and vetted firms. Recruiters were required to monitor employer compliance with employment terms and the working conditions of labor migrants while under contract abroad. Recruiters were also required to provide workers with their employment contract prior to their departure.

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 and members of the State Security Services 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 simple majority at a meeting attended by more than half 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 were commensurate with those for other civil rights laws, ranging from a few hundred to several thousand euros, but 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.

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, were commensurate with those for other analogous serious crimes, 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 no incidents of forced labor through September. Two cases of complaints about workers’ rights were forwarded to the State Police to evaluate whether forced labor took place. The inspectorate reported a high employee turnover, with approximately 14 percent of positions unfilled, a situation made worse by perennial wage issues.

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

The government effectively enforced child labor and minimum age laws. Penalties were commensurate with those for other analogous serious crimes and 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 did not report cases of unregistered employment of youth.

Labor laws and regulations prohibit discrimination. Penalties were commensurate to laws related to civil rights. Despite the existence of a sizeable Russian-speaking minority, the government requires 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.

According to the World Bank Group’s Women, Business and the Law 2020, women in the country have equal legal standing with men. There were instances of hiring and pay discrimination against women, particularly in the private sector, but they were underreported to the ombudsman. Through August the ombudsman did not open any cases of discrimination against women.

Employment discrimination also occurred with respect to sexual orientation, gender identity, and ethnicity. Persons with disabilities experienced limited access to work, although were free to work in all labor markets and were able to receive government employment support services, including those specifically designed for persons with disabilities. In 2019, 27.2 percent of all persons with disabilities were employed, a slight increase from 2018. 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. Penalties were commensurate with those for other analogous crimes and sufficient to deter violations.

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. Penalties were commensurate with those for other analogous crimes and sufficient to deter violations.

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 fines that 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, effectively enforce labor laws, and occupational safety and health standards. The inspectorate has the authority to make unannounced inspections and initiate sanctions.

Through September the State Labor Inspectorate reported 22 workplace fatalities, eight of which will likely be categorized as due to natural causes. The inspectorate also reported 114 serious workplace injuries. The State Labor Inspectorate commented that 54 injuries and four deaths occurred as a result of industrial accidents. 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 24 percent of gross domestic product. Workers in low-skilled manufacturing and retail jobs as well as some public-sector employees, such as firefighters and police, were reportedly most vulnerable to poor working conditions, including long work hours, lack of overtime pay, and arbitrary remuneration.

The law provides for the right of private-sector workers to form and join trade unions, bargain collectively, and strike but places restrictions on these rights. The Ministry of Labor must approve the formation of unions, and it controlled the conduct of all trade union elections, including election dates, procedures, and ratification of results. The law permits the administrative dissolution of trade unions and bars trade unions from political activity. Unions have the right to strike after providing advance notice to and receiving approval from the Ministry of Interior. Organizers of a strike (at least three of whom must be identified by name) must notify the ministry of the number of participants in advance and the intended location of the strike, and 5 percent of a union’s members must take responsibility for maintaining order during the strike.

There are significant restrictions on the right to strike. The law excludes public-sector employees, domestic workers, and agricultural workers. Therefore, they have neither the right to strike nor to join and establish unions. The law prohibits public-sector employees from any kind of union activity, including striking, organizing collective petitions, or joining professional organizations.

The law protects the right of workers to bargain collectively, but a minimum of 60 percent of workers must agree on the goals beforehand. Two-thirds of union members at a general assembly must ratify collective bargaining agreements. The Association of Banks in Lebanon renewed the collective sectoral agreement with the Federation of Lebanese Bank Employees Unions in December 2019 after nearly three months of mediation between the two parties led by the minister of labor. The Association of Banks in Lebanon had initially refused to renew the agreement.

The law prohibits antiunion discrimination. By law when employers misuse or abuse their right to terminate a union member’s contract, including for union activity, the worker is entitled to compensation and legal indemnity and may institute proceedings before a conciliation board. The board adjudicates the case, after which an employer may be compelled to reinstate the worker, although this protection is available only to the elected members of a union’s board. Anecdotal evidence showed widespread antiunion discrimination in both the public and private sectors, although this issue did not receive significant media coverage. According to the International Labor Organization (ILO), the most flagrant abuses occurred in banking, private schools, retail businesses, daily and occasional workers, and the civil service.

By law foreigners with legal resident status may join trade unions. According to the ILO, however, most unions do not encourage or accept the participation of foreign workers. The law permits migrant workers to join existing unions (regardless of nationality and reciprocity agreements) but denies them the right to form their own unions. They do not enjoy full membership since they may neither vote in trade union elections nor run for union office. Certain sectors of migrant workers, such as migrant domestic workers, challenged the binding laws supported by some unions by forming their own autonomous structures that acted as unions, although the Ministry of Labor has not approved them.

Palestinian refugees generally may organize their own unions. Because of restrictions on their right to work, few refugees participated actively in trade unions. While some unions required citizenship, others were open to foreign nationals whose home countries had reciprocity agreements with Lebanon.

The government’s enforcement of applicable law was weak, including with regard to prohibitions on antiunion discrimination.

Freedom of association and the right to collective bargaining were not always respected. The government and other political actors interfered with the functioning of worker organizations, particularly the main federation, the General Confederation of Lebanese Workers (CGTL). The CGTL is the only national confederation recognized by the government, although several unions boycotted and unofficially or officially broke from the CGTL and no longer recognized it as an independent and nonpartisan representative of workers. Since 2012 the Union Coordination Committee (UCC), a grouping of public and private teachers as well as civil servants, played a major role in pushing the government to pass a promised revised salary scale, largely overshadowing the CGTL. While the UCC is not formally recognized by any government body, it acts as an umbrella organization and guides several recognized leagues of workers in demonstrating and in negotiating demands. During the 2019 national budget debate, both the CGTL and UCC failed to take leadership of worker protest actions successfully or to express coherently the demands and aspirations of working persons. In January 2019 the CGTL was further weakened when union president Antoine Bechara was interrogated by the ISF Anticybercrime Bureau over a complaint filed by then minister of economy Raed Khoury. In May 2019 Bechara was arrested and pressured to resign after a video was leaked showing him insulting and making offensive comments against the late Maronite patriarch Nasrallah Sfeir, but he was re-elected on July 14. The National Federation of Workers and Employees in Lebanon emerged as another alternative to represent the independent trade union movement.

The economic and financial collapse, the COVID-19 pandemic, and the ensuing political unrest exacerbated challenges in the labor sector, including an increased rate of unemployment, increased dismissal of employees, partial salary payments, deteriorating working conditions, and an increased number of businesses shutting down. The Ministry of Labor formed a crisis committee to look into the unlawful termination of contracts, but it did not include foreign domestic workers in its review. Multiple international organizations reported in September that domestic workers were adversely affected by the port explosion since many were suddenly laid off or rendered homeless along with their employers.

Antiunion discrimination and other instances of employer interference in union functions occurred. Some employers fired workers in the process of forming a union before the union could be formally established and published in the official gazette.

The law prohibits forced or compulsory labor and criminalizes all forms of labor trafficking.

Children, foreign workers employed as domestic workers, and other foreign workers sometimes worked under forced labor conditions. The law criminalizes trafficking and provides protection for domestic workers against forced labor, but domestic work is excluded from legal protection and is therefore vulnerable to exploitation. In violation of the law, employment agencies and employers routinely withheld foreign workers’ passports, especially in the cases of domestic workers, sometimes for years. According to NGOs assisting migrant workers, in some instances employers withheld salaries for the duration of the contract, which was usually two years.

Many employers left their domestic migrant workers in the streets and at their respective embassies because they were unable to pay their salaries due to the economic crisis and the devaluation of the Lebanese lira. For example, hundreds of Ethiopian migrant workers were left in the streets in front of the Ethiopian embassy by their employers.

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

Child labor occurred, including in its worst forms. While up-to-date statistics on child labor were unavailable, anecdotal evidence and the accounts of NGOs suggested the number of child workers may have risen during the year and that more children worked in the informal sector. UNHCR noted that commercial sexual exploitation of refugee children continued to occur.

The minimum age for employment is 14, and the law prescribes the occupations that are legal for juveniles, defined as children between ages 14 and 18. The law requires juveniles to undergo a medical exam by a doctor certified by the Ministry of Public Health to assure they are physically fit for the types of work employers ask them to perform. The law prohibits employment of juveniles for more than seven hours per day or between 7 p.m. and 7 a.m., and it requires one hour of rest for work lasting more than four hours. The law prohibits specific types of labor for juveniles, including informal “street labor.” It also lists types of labor that, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety, or morals of children younger than 16, as well as types of labor that are allowed for children older than 16, provided they are offered full protection and adequate training.

Overall, the government did not enforce child labor law effectively. Advocacy groups did not consider penalties for those who violate laws on the worst forms of child labor to be commensurate with those for other analogous serious crimes, such as kidnapping.

Child labor, including among refugee children, was predominantly concentrated in the informal sector, including in small family enterprises, mechanical workshops, carpentry, construction, manufacturing, industrial sites, welding, agriculture, and fisheries. UN agencies and NGOs reported that Syrian refugee children were vulnerable to child labor and exploitation. According to the ILO, child labor rates have at least doubled since the Syrian refugee influx. The ILO reported that instances of child labor strongly correlated with a Syrian refugee presence. The ILO equally highlighted that the majority of Syrian children involved in the worst forms of child labor–especially forced labor–worked primarily in agriculture in the Bekaa and Akkar regions and on the streets of major urban areas (Beirut and Tripoli). Anecdotal evidence also indicated child labor was prevalent within Palestinian refugee camps.

The Ministry of Labor is responsible for enforcing child labor requirements through its Child Labor Unit. Additionally, the law charges the Ministry of Justice, ISF, and Higher Council for Childhood (HCC) with enforcing laws related to child trafficking, including commercial sexual exploitation of children and the use of children in illicit activities. The HCC is also responsible for referring children held in protective custody to appropriate NGOs to find safe living arrangements.

A Ministry of Labor unit responsible for inspections of all potential labor violations also investigates child labor matters when a specific complaint is reported or found in the course of its other inspections.

The Ministry of Labor’s Child Labor Unit acts as the government’s focal point for child labor matters, and it oversees and implements the ministry’s national strategy to tackle child labor. The National Steering Committee on Child Labor is the main interministerial body coordinating on child labor across the government.

In October 2019 the Ministry of Social Affairs developed a National Action Plan to End Street Begging by Children, but implementation was slow due to the October 2019 revolution and government resignation.

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

The law provides for equality among all citizens and prohibits employment discrimination based on race, gender, disability, language, or social status. The law prohibits women from working in certain industries, such as mining, factories, agriculture, energy, and transportation, although the law was not enforced in multiple sectors, including factories and agriculture. The law does not specifically provide for protection against employment discrimination based on sexual orientation, gender identity, HIV status, or other communicable diseases. Although the government generally respected these provisions, they were not enforced in some areas, and aspects of the law and traditional beliefs discriminated against women. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, foreign domestic workers, and LGBTI and HIV-positive persons (see section 6).

The law does not distinguish between women and men in employment, and it provides for equal pay for men and women, with exceptions that exclude women from a variety of industrial and construction jobs as well as jobs listed in Annex 1. According to the UN Population Fund, the law does not explicitly prohibit sexual harassment in the workplace, although it gives an employee the right to resign without prior notice in the event that the employer or representative commits an indecent offense towards the employee or a family member. There are, however, no legal consequences for the perpetrator.

The law defines a “disability” as a physical, sight, hearing, or mental disability. It stipulates that persons with disabilities fill at least 3 percent of all government and private-sector positions, provided such persons fulfill the qualifications for the position. There was no evidence the government enforced the law. Employers are legally exempt from penalties if they provide evidence no otherwise qualified person with disabilities applied for employment within three months of advertisement.

Migrant workers and domestic workers faced employment hurdles that amounted to discrimination. In July, Syrian workers, usually employed as manual laborers and construction workers, continued to suffer discrimination. Many municipalities enforced a curfew on Syrians’ movements in their neighborhoods in an effort to control security.

e. Acceptable Conditions of Work

The legal minimum wage was last raised in 2012. In July then minister of labor Lamia Yammine requested an increase in the minimum wage to balance purchasing power and inflation, but no further action was taken. There was no official minimum wage for domestic workers. Observers concluded that the minimum wage was lower than unofficial estimates of the poverty income level. Official contracts stipulated monthly wages for domestic workers, depending on the nationality of the worker. A unified standard contract, which was registered with the DGS for workers to obtain residency, granted migrant domestic workers some labor protections. The standard contract covered uniform terms and conditions of employment, but not wages for domestic workers, depending on the nationality of the worker. The law prescribes a standard 48-hour workweek with a weekly rest period that must not be less than 36 consecutive hours. The law stipulates 48 hours of work as the maximum per week in most corporations except agricultural enterprises. The law permits a 12-hour day under certain conditions, including a stipulation that overtime pay is 50 percent higher than pay for normal hours. The law does not set limits on compulsory overtime. The law includes specific occupational health and safety regulations and requires employers to take adequate precautions for employee safety.

Domestic workers are not covered by law or other legal provisions related to acceptable conditions of work. Such provisions also do not apply to those involved in work within the context of a family, day laborers, temporary workers in the public sector, or workers in the agricultural sector. On September 11, the caretaker minister of labor signed a new standard labor contract for all domestic workers, foreign and Lebanese, that would apply to all contracts signed after November 1.

The Ministry of Labor is responsible for enforcing regulations related to acceptable conditions of work, but it did so inconsistently. The ministry’s enforcement team handled all inspections of potential labor violations, but it suffered from a lack of staff, resources, legal tools, and political support for its work. Interference with inspectors affected the quality of inspections, and issuance of fines for violators was common. The law stipulates that workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment, although government officials did not protect employees who exercised this right.

Workers in the industrial sector worked an average of 35 hours per week, while workers in other sectors worked an average of 32 hours per week. These averages, however, were derived from figures that included part-time work, including for employees who desired full-time work. Some private-sector employers failed to provide employees with family and transportation allowances as stipulated under the law and did not register them with the National Social Security Fund (NSSF).

Some companies did not respect legal provisions governing occupational health and safety in specific sectors, such as the construction industry. Workers may report violations to the CGTL, Ministry of Labor, NSSF, or through their respective unions. In most cases they preferred to remain silent due to fear of dismissal.

Violations of wage, overtime, and occupational health and safety standards were most common in the construction industry and among migrant workers, particularly with foreign domestic workers.

Foreign migrant workers arrived in the country through local and source-country recruitment agencies. Although the law requires recruitment agencies to have a license from the Ministry of Labor, the government did not adequately monitor their activities. A sponsorship system tied foreign workers’ legal residency to a specific employer, making it difficult for foreign workers to change employers. If employment were terminated, a worker would lose residency. This circumstance made many foreign migrant workers reluctant to file complaints to avoid losing their legal status.

Some employers mistreated, abused, and raped foreign domestic workers, who were mostly of Asian and African origin. Domestic workers often worked long hours and in many cases did not receive vacations or holidays. Victims of abuse may file civil suits or seek other legal action, often with the assistance of NGOs, but most victims, counseled by their embassies or consulates, settled for an administrative solution that usually included monetary compensation and repatriation. Again during the year, victims explained that, when they escaped from employers who were withholding wages, an NGO helped them file charges against their employers. Authorities commonly reached administrative settlements with employers to pay back wages or finance return to employees’ home countries but generally did not seek criminal prosecution of employers.

During a May interview with an NGO, Ethiopian domestic workers reported that their employers had stopped paying them and refused to provide them with tickets to return home as stipulated in the unified contract that is designed to protect domestic worker rights. This left many of them stranded, sleeping on the pavement outside the Ethiopian Consulate, without food, money, passports, or medical care amid the global pandemic.

In June the Director General of Nigeria’s National Agency for the Prohibition of Trafficking in Persons named Lebanon among Gulf countries in which Nigerian citizens were trapped in domestic servitude. The official stated her agency had received more than 50 distress calls and collected evidence regarding cruel working conditions, unpaid salaries, 18-hour workdays, and hazardous duties. Some of the women were reportedly sold as slaves to third-party buyers.

Authorities typically did not prosecute perpetrators of abuse against foreign domestic workers for a number of reasons, including the victims’ refusal to press charges and lack of evidence. Authorities settled an unknown number of cases of nonpayment of wages through negotiation. According to source-country embassies and consulates, many workers did not report violations of their labor contracts until after they returned to their home countries, since they preferred not to stay in the country for a lengthy judicial process.

While licensed businesses and factories strove to meet international standards for working conditions with respect to occupational safety and health, conditions in informal factories and businesses were poorly regulated and often did not meet these standards. The Ministry of Industry is responsible for enforcing regulations to improve safety in the workplace. The regulations require industries to have three types of insurance (fire, third party, and workers’ policies) and to implement proper safety measures. The ministry has the authority to revoke a company’s license if its inspectors find a company noncompliant, but there was no evidence this occurred.

The law requires businesses to adhere to safety standards, but authorities poorly enforced the law, and it did not explicitly permit workers to remove themselves from dangerous conditions without jeopardy to their continued employment. By law workers may ask to change their job or be removed from an unsafe job without being affected. The government only weakly implemented the law due to lack of governance, the weak role of the trade union movement, corruption, and lack of trade union rights.

The law does not provide for the right of workers to form and join independent unions. It provides for the right of workers to bargain collectively and conduct legal strikes, with significant restrictions. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers for union activity. By law, workers in the formal sector are automatically members of the General Trade Union Federation of Workers, although they may elect to withdraw from the union. Only citizens may be union members, and regulations do not permit foreign workers to organize. According to Freedom House, some trade unions formed after the 2011 revolution, but they remain in their infancy, and collective-bargaining activity was severely limited due to the continuing hostilities and weak rule of law.

The GNA was limited in its ability to enforce applicable labor laws. The requirement that all collective agreements conform to the “national economic interest” restricted collective bargaining. Workers may call strikes only after exhausting all conciliation and arbitration procedures. The government or one of the parties may demand compulsory arbitration, thus severely restricting strikes. The government has the right to set and cut salaries without consulting workers. State penalties were not sufficient to deter violations.

Employees organized spontaneous strikes, boycotts, and sit-ins in a number of workplaces, generally to protest delays in salary payments.

The law did not criminalize all forms of forced or compulsory labor. Article 425 of the penal code criminalizes slavery and prescribes penalties of five to 15 years’ imprisonment. Article 426 criminalizes the buying and selling of slaves and prescribed penalties of up to 10 years’ imprisonment although other forms of forced labor are not criminalized. The GNA, however, did not fully enforce the applicable laws. In 2018 the UN Security Council imposed sanctions against a commander from the Libyan Coast Guard and three other Libyans with close links to fundamentalist terror groups for their roles in human trafficking and labor exploitation. The resources, inspections, and penalties for violations were insufficient to deter violators.

There were numerous anecdotal reports of migrants and IDPs being subjected to forced labor by human traffickers. According to numerous press reports, individuals were compelled to support the armed groups that enslaved them, including by preparing and transporting weapons. Others were forced to perform manual labor on farms, at industrial and construction facilities, and in homes under threat of violence.

Private employers sometimes used detained migrants from prisons and detention centers as forced labor on farms or construction sites; when the work was completed or the employers no longer required the migrants’ labor, employers returned them to detention facilities. In October, in the latest string of violence against migrant workers, three individuals stormed a factory in Tripoli where African migrants were working. During the attack, they poured gasoline on a Nigerian worker and burned him alive. Three other workers suffered burns in the attack, and the perpetrators were arrested.

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

The law prohibits children younger than 18 from employment, except in a form of apprenticeship. The law does prohibit the worst forms of child labor. The government lacked the capacity to enforce the law. No information was available concerning whether the law limits working hours or sets occupational health and safety restrictions for children.

There were reports of children forced into labor or military service by nonstate armed groups. These accounts were difficult to verify due to the absence of independent monitoring organizations and the ongoing hostilities.

The Constitutional Declaration provides for a right to work for every citizen and prohibits any form of discrimination based on religion, race, political opinion, language, wealth, kinship, social status, and tribal, regional, or familial loyalty. The law does not prohibit discrimination based on age, gender, disability, sexual orientation or gender identity, social status, HIV-positive status, or having other communicable diseases. The law does not specifically prohibit discrimination based on an individual’s employment or occupation. The limitations of the central government restricted its ability to enforce applicable laws. Discrimination in all the above categories likely occurred.

Women faced discrimination in the workplace. The law prohibits women from working in jobs that are deemed morally inappropriate. Regulations issued by the General People’s Committee prohibit women from working in roles that are unsuited to their nature as women, and women’s work hours may be reduced for certain professions and occupations determined by the General People’s Committee that takes into account the requirements of the work and the proportion of male and female workers, as set forth in implementing regulations under the law. Observers reported that authorities precluded hiring women for positions in the civil service. They reported social pressure on women to leave the workplace, especially in high-profile professions such as journalism and law enforcement. In rural areas societal discrimination restricted women’s freedom of movement, including to local destinations, and impaired their ability to play an active role in the workplace.

On October 15, UNHCR resumed charter flights from Libya, ending a seven-month suspension due to the pandemic. As of October 19, nearly 3,200 migrants trying to reach Europe via Tripoli’s rocky coastline (including unaccompanied children younger than 18 and refugees) were still confined in squalid and overcrowded conditions in 11 detention centers that lacked adequate food and water. UNHCR evacuated nationals from primarily the sub-Saharan countries of Eritrea, Somalia, Sudan, and South Sudan. This second UNHCR flight during the year evacuated 501 migrants from Libya, including 221 individuals who were resettled in Europe. As of year’s end, more than 200 migrants drowned and more than 280 went missing while trying to cross the Mediterranean to Europe, and more than 9,800 were intercepted and returned to Libya.

e. Acceptable Conditions of Work

The law stipulates a workweek of 40 hours, standard working hours, night shift regulations, dismissal procedures, and training requirements. The law does not specifically prohibit excessive compulsory overtime. There is a national monthly minimum wage. There is not an official poverty income level.

The law provides occupational health and safety standards, and the law grants workers the right to court hearings regarding violations of these standards. The limitations of the GNA restricted its ability to enforce wage laws and health and safety standards. Penalties were not sufficient to deter violations.

Certain industries, such as the petroleum sector, attempted to maintain standards set by foreign companies. There was no information available on whether inspections continued during the year. The Ministry of Labor is responsible for occupational safety and health concerns, but no information was available on enforcement and compliance.

No accurate data on foreign workers were available. Many foreign workers have departed the country due to continuing instability and security concerns.

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.

Labor-management 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.

The government generally respected freedom of association but did not effectively enforce applicable laws, and penalties are not commensurate with those for other laws involving denials of civil rights, such as discrimination. 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.

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.

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

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/.

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 younger than age 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 age 18. The government effectively enforced the law; however, penalties are not commensurate with those for other analogous serious crimes, such as kidnapping. In the first eight months of the year, the inspectorate identified 16 cases in which children were working illegally in the construction, agriculture, retail, services, and manufacturing sectors.

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, and penalties are commensurate with laws related to civil rights, such as election interference.

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 14 complaints. To address the gender equality problem, the EOO in cooperation with the municipalities and NGOs continued implementing projects aimed at strengthening local communities in the fight against gender-based violence and addressing gender equality problems. Under the law the age requirements for women and men to retire with full or partial pension benefits are not equal.

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 9 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 (OSH) standards are current and appropriate for the main industries. The law applies to both national and foreign workers. The government effectively enforced OSH laws, and penalties for OSH laws are commensurate with those for crimes like negligence.

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 eight months of the year, the inspectorate conducted 2,119 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, and OSH laws 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 2,533 accidents at work, including 22 fatal accidents, compared with 2,527 and 25, respectively, in 2019. 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. Inspectors have the authority to make unannounced inspections. Workers have the legal right to request compensation for health concerns arising from dangerous working conditions. Health-care workers were overloaded and at the greatest risk during the COVID-19 pandemic.

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. Penalties were commensurate with those for similar crimes. The government and employers respected freedom of association and the right to collective bargaining in practice.

The law prohibits all forms of forced or compulsory labor. The government pursued suspected cases and effectively enforced the law. Although NGOs reported it to be understaffed, the Labor Inspectorate increased recruitment efforts during the year to allow it to conduct timely inspections to enforce compliance. Penalties for violations included imprisonment under criminal law and were commensurate with those for similar crimes.

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/.

The law prohibits the worst forms of child labor and the employment of children younger than 16. Trainees younger than 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, and 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.).

The government worked to increase resources, inspections, and remediation over the year. By law persons who employ children younger than 16 may be subject to a fine and prison sentence. The penalties were commensurate with those for other crimes.

The law prohibits discrimination with respect to employment and occupation based on race, color, national extraction, social origin, religion, 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 and penalties for violations were commensurate with those for other crimes.

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 certain percentages of workers with disabilities and to pay them prevailing wages. InfoHandicap noted that the government failed to enforce 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

The national minimum wage for a worker older than age 18 was greater than the estimated poverty income level. Minimum wage provisions apply to all employees, including foreign, migrant, temporary, and contract workers. Collective bargaining agreements established eight hours as a standard workday, with a 40-hour week and provision for 26 days leave and overtime.

The 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. Penalties for violations are commensurate with those for other similar crimes. In 2019 the ITM carried out 5,682 inspections and levied a total of almost 5.4 million euros ($6.5 million) in fines.

The law mandates a safe working environment and occupational safety and health standards are current and appropriate. Authorities effectively protected employees in this situation. Penalties were commensurate with similar violations.

The ITM and the accident insurance agency of the Social Security Ministry are responsible for inspecting workplaces. Although NGOs reported the Labor Inspectorate to be understaffed, the Labor Inspectorate increased recruitment efforts during the year to enforce compliance sufficiently. Inspectors have the authority to make unannounced inspections, except in private homes, and to order emergency measures for the regularization or cessation of labor law violations. They can seek assistance from the police should they meet opposition to the fulfillment of their duties. Inspectors can issue fines and establish reports documenting the infringements of the laws, which are forwarded by the director to the prosecutor’s office for further action if needed. There was no moratorium on inspections during the year. 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 commensurate with other similar crimes. Accidents occurred most frequently in the construction, commerce, industry, and catering sectors. In 2019 the ITM recorded 466 accidents (versus 442 accidents in 2018), including nine fatalities.

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards union leaders. The law does not stipulate the financial penalties for antiunion discrimination and cannot be compared to other laws involving denials of civil rights, such as discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

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

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations serve to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Penalties fall under the labor ordinance and are financial; thus these are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, then the penalties are commensurate with those for kidnapping.

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines, and the government generally enforced the law effectively. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. In April the Legislative Assembly passed a law guaranteeing a minimum wage of 32 patacas ($4) per hour for all employees except for domestic workers and persons with disabilities. The SAR does not calculate an official poverty line. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. It was not clear whether penalties were sufficient to deter violations. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime laws are part of the labor ordinance, which is civil, and involve a financial penalty that is not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.

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China | Hong Kong | Tibet

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right, and no strikes occurred. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards labor leaders. The law does not stipulate the financial penalties for antiunion discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Government and employers did not respect collective bargaining and freedom of association in practice. Government influenced the selection of association officials and interfered in the functioning of workers’ organizations. Penalties for violations were not commensurate with those for other similar violations and were seldom applied.

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

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

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations served to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB was responsible for enforcing the law through periodic and targeted inspections and prosecutions but did so inconsistently. LAB operations were adequately resourced, but prosecutions for labor trafficking fell to zero, and the Public Prosecutions Office was unable to convict any traffickers during the year.

Penalties for noncompliance with minimum wage law and child labor provisions fall under the labor ordinance and are financial; they are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, the penalties are commensurate with those for kidnapping.

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Wage and Hour Laws: Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. The SAR does not calculate an official poverty line, but the minimum wage was well above the World Bank’s poverty line of $1.90 per day. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, health care, and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime and wage laws are part of the labor ordinance, which is civil, and involve a financial penalty that was not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

Occupational Safety and Health: The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Inspectors were authorized to conduct unannounced visits and levy sanctions. Inspectors, and not the worker, were responsible for identifying dangerous working conditions. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment. The most hazardous sector of the SAR’s economy was the construction industry; work-related accidents in 2020 (mostly on construction sites) caused 14 deaths and rendered 24 workers permanently disabled. The fatal work injury rate was 10.7 fatalities per 1,000 full-time equivalent workers in 2020. In separate incidents in August and November, two construction workers died after falls from the scaffolding on casino construction sites.

The law provides for limited freedom of association and for certain categories of workers to form and join trade unions, subject to a variety of legal and practical restrictions. The law provides for the right to strike and to bargain collectively, but both were severely restricted. The law prohibits employers from interfering with trade union activities, including union formation. It prohibits employers from retaliating against workers for legal union activities and requires reinstatement of workers fired for union activity.

The law prohibits defense and police officials, retired or dismissed workers from joining a union. The law also restricts the formation of unions of workers in similar trades, occupations, or industries. Foreign workers may join a trade union but cannot hold union office unless they obtain permission from the Ministry of Human Resources. In view of the absence of a direct employment relationship with owners of a workplace, contract workers may not form a union and cannot negotiate or benefit from collective bargaining agreements.

The director general of trade unions and the minister of human resources may refuse to register or withdraw registration from some unions without judicial oversight. The time needed for a union to be recognized remained long and unpredictable. Union officials expressed frustration about delays in the settlement of union recognition disputes; such applications were often refused. If a union’s recognition request was approved, the employer sometimes challenged the decision in court, leading to multiyear delays in recognizing unions.

Most private-sector workers have the right to bargain collectively, although these negotiations cannot include issues of transfer, promotion, appointments, dismissal, or reinstatement. The law restricts collective bargaining in “pioneer” industries the government has identified as growth priorities, including various high-technology fields. Trade unions in companies granted pioneer status may not negotiate terms and conditions that are more favorable than the provisions stipulated in labor law unless approved by the minister of human resources. Public-sector workers have some collective bargaining rights, although some could only express opinions on wages and working conditions instead of actively negotiating. Long delays continued in the treatment of union claims to obtain recognition for collective bargaining purposes. The government also had the right to compel arbitration in the case of failed collective bargaining negotiations.

Private-sector strikes are severely restricted. The law provides for penal sanctions for peaceful strikes. The law prohibits general strikes, and trade unions may not strike over disputes related to trade-union registration or illegal dismissals. Workers may not strike in a broad range of industries deemed “essential,” nor may they hold strikes when a dispute is under consideration by the Industrial Court. Union officials claimed legal requirements for strikes were almost impossible to meet; the last major strike occurred in 1962.

The government did not effectively enforce laws prohibiting employers from seeking retribution for legal union activities and requiring reinstatement of workers fired for trade union activity. Penalties included fines but were seldom assessed and are not commensurate with those of other laws involving denials of civil rights, such as discrimination.

In June, five members of the National Union of Workers in Hospital Support and Allied Services were arrested while conducting a peaceful protest against their employer’s alleged union-busting tactics. Union officials claimed the company prevented employees from testing for COVID-19, failed to provide proper personal protective equipment, and withheld the monthly special government allowance worth RM 600 ($140) for frontline workers. Union officials further accused the company of forbidding union-related discussions between union worksite committees and workers, intimidation, and arbitrary change of working schedules and locations of union workers to decrease their earnings. The five arrested activists were released the following day. In October the magistrate’s court dropped the charges against the activists for defying the conditional movement control order by gathering in front of the employer’s premises “for social purposes.”

Freedom of association and collective bargaining were not fully respected. National-level unions are prohibited; the government allows three regional territorial federations of unions–peninsular Malaysia, Sabah, and Sarawak–to operate. They exercised many of the responsibilities of national-level labor unions, although they could not bargain on behalf of local unions. The Malaysian Trade Unions Congress is a registered “society” of trade unions in both the private and government sectors that does not have the right to bargain collectively or strike but may provide technical support to affiliated members. Some workers’ organizations were independent of government, political parties, and employers, but employer-dominated or “yellow” unions were reportedly a concern.

The inability of unions to provide more than limited protection for workers, particularly foreign workers who continued to face the threat of deportation, restrictions on the right to strike, and the prevalence of antiunion discrimination created a disincentive to unionize. In some instances companies reportedly harassed leaders of unions that sought recognition. Some trade unions reported the government detained or restricted the movement of some union members under laws allowing temporary detention without charging the detainee with a crime. Trade unions asserted some workers had wages withheld or were terminated because of union-related activity.

In October the court of appeal overturned a high court decision that the dismissal of a trade union leader for issuing a statement highlighting the plight of workers and calling for the CEO’s resignation had been illegal. The court of appeal set aside the award to the trade union leader for wrongful termination of RM 210,000 ($50,300) and instead ordered the trade union leader to pay RM5,000 ($1,200) to the employer MAS Airlines in costs.

The law prohibits and criminalizes all forms of forced or compulsory labor. Five agencies, including the Department of Labor of the Ministry of Human Resources, have enforcement powers under the law, but their officers performed a variety of functions and did not always actively search for indications of forced labor. NGOs continued to criticize the lack of resources dedicated to enforcement of the law.

The government did not effectively enforce laws prohibiting forced labor in some cases, and large fines as penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

In 2018 the government established an Independent Committee on Foreign Workers to provide comprehensive reform plans to the government regarding foreign-worker management and labor policy. The committee presented its final report to cabinet in July 2019 with 40 recommendations on streamlining policies related to foreign workers, but the report was not made public. On June 23, former minister of human resources M. Kulasegaran stated that “vested interests” had hijacked government policies on the matter as “not a single recommendation has been implemented to date.”

A variety of sources reported occurrences of forced labor or conditions indicative of forced labor in plantation agriculture, electronics factories, garment production, rubber-product industries, and domestic service among both adults and children (also see section 7.c.).

Employers, employment agents, and labor recruiters subjected some migrants to forced labor or debt bondage. Many companies hired foreign workers using recruiting or outsourcing companies, creating uncertainty about the legal relationship between the worker, the outsourcing company, and the owner of the workplace, making workers more vulnerable to exploitation and complicating dispute resolution. Labor union representatives noted that recruiting agents in the countries of origin and in Malaysia sometimes imposed high fees, making migrant workers vulnerable to debt bondage.

In July a nonprofit organization filed a formal complaint with a foreign government urging it to ban imports of products from Sime Darby Berhad, a palm oil company, due to reports of forced labor at Sime Darby plantations. Another petition filed in August 2019 accused palm oil company FGV Holdings of forced labor abuse, including deception, physical and sexual violence, intimidation, and the keeping of worker’s identity documents. FGV subsequently finalized their action plan on enhancing labor practices in April. NGOs maintained the action plan, however, failed to prove FGV’s product was not the result of forced labor.

In July a foreign government discontinued imports of disposable medical gloves made by the world’s largest medical glove maker, Top Glove Corp Bhd, in response to findings of forced labor in their manufacturing facilities. In November more than 5,000 Top Glove workers contracted COVID-19 resulting from substandard and overcrowded working and living conditions.

The trial of former deputy prime minister Zahid Hamidi for his role in a fraudulent scheme involving hundreds of thousands of Nepali workers seeking jobs in the country continued as of September. Private companies linked to the then deputy prime minister’s brother and brother-in-law reportedly charged Nepali workers more than RM185 million ($46.3 million) for medical tests and to submit visa applications during the prior five years. These medical and visa-processing services increased the cost tenfold without offering additional protections or benefits. Zahid denied involvement in or knowledge of the scam, but the Malaysian Anticorruption Commission charged him in 2018 with 45 counts of corruption, bribery, and money laundering, three of which concern RM three million ($750,000) he allegedly received in bribes from a company that ran a visa center for Nepali workers. Critics of the former government had long characterized the foreign-worker recruitment system as corrupt.

Nonpayment of wages remained a concern. Passport confiscation by employers increased migrant workers’ vulnerability to forced labor; the practice was illegal but widespread and generally went unpunished. Migrant workers without access to their passports were more vulnerable to harsh working conditions, lower wages than promised, unexpected wage deductions, and poor housing. NGOs reported that agents or employers in some cases drafted contracts that included a provision for employees to sign over the right to hold their passports to the employer or an agent. Some employers and migrant workers reported that workers sometimes requested employers keep their passports, since replacing lost or stolen passports could cost several months’ wages and leave foreign workers open to questions about their legal status.

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

The law prohibits all of the worst forms of child labor. The law prohibits the employment of children younger than 14 but permits some exceptions, such as light work in a family enterprise, work in public entertainment, work performed for the government in a school or in training institutions, or work as an approved apprentice. There is no minimum age for engaging in light work. For children between the ages of 14 and 18, there was no list clarifying specific occupations or sectors considered hazardous and therefore prohibited.

The government did not effectively enforce laws prohibiting child labor. Those found contravening child labor laws faced penalties that were not commensurate with those for other analogous serious crimes, such as kidnapping.

Child labor occurred in some family businesses. Child labor in urban areas was common in the informal economy, including family food businesses and night markets, and in small-scale industry. Child labor was also evident among migrant domestic workers.

NGOs reported that stateless children in Sabah were especially vulnerable to labor exploitation in palm oil production, forced begging, and work in service industries, including restaurants. Although the National Union of Plantation Workers reported it was rare to find children involved in plantation work in peninsular Malaysia, others reported instances of child labor on palm oil plantations across the country. Commercial sexual exploitation of children also occurred (see section 6, Children).

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

The law does not prohibit discrimination with respect to race, religion, national origin, color, sex, ethnicity, disability, age, sexual orientation, HIV/AIDS status or refugee status in employment and hiring; the director general of labor may investigate discrimination in the terms and conditions of employment for both foreign and local employees. The law prohibits women from working underground, such as in mines, and restricts employers from requiring female employees to work in industrial or agricultural work between 10 p.m. and 5 a.m. or to commence work for the day without having 11 consecutive hours of rest since the end of the last work period.

The director general may issue necessary directives to an employer to resolve allegations of discrimination in employment, although there were no penalties under the law for such discrimination and thus penalties were not commensurate to laws related to penalties for civil rights, such as election interference.

Employers are obligated to inquire into most sexual harassment complaints in a prescribed manner. Advocacy groups such as the Association of Women Lawyers stated these provisions were not comprehensive enough to provide adequate help to victims. In June the industrial court upheld the dismissal of a manager for nonphysical sexual harassment, including using a term of endearment, giving of personal gifts, and excessive unwanted attention.

Discrimination in employment and occupation occurred with respect to women; members of national, racial, and ethnic minorities; and persons with disabilities. A code of practice guides all government agencies, employers, employee associations, employees, and others with respect to placement of persons with disabilities in private-sector jobs. Disability-rights NGOs reported that employers were reluctant to hire persons with disabilities. A regulation reserves 1 percent of public-sector jobs for persons with disabilities.

Migrant workers must undergo mandatory testing for more than 16 illnesses as well as pregnancy. Employers may immediately deport pregnant or ill workers. Migrant workers also faced employment discrimination (see sections 7.b. and 7.e.). Employers were unilaterally able to terminate work permits, subjecting migrant workers to immediate deportation.

Women experienced some economic discrimination in access to employment. Employers routinely asked women their marital status during job interviews. The Association of Women Lawyers advocated for passage of a separate sexual harassment bill making it compulsory for employers to formulate sexual harassment policies.

The government reserved large quotas for the bumiputra majority for positions in the federal civil service as well as for vocational permits and licenses in a wide range of industries, which greatly reduced economic opportunity for minority groups (see section 6).

e. Acceptable Conditions of Work

The minimum wage applied to both citizen and foreign workers in most sectors, with the exception of domestic service (see below). The minimum wage rates were less than Ministry of Finance-published poverty income levels in Sabah and Sarawak.

Working hours may not exceed eight per day or 48 per week, unless workers receive overtime pay. The law specifies limits on overtime, which vary by sector, but it allows for exceptions.

The law protects foreign domestic workers only with regard to wages and contract termination. The law excludes them from provisions that stipulate one rest day per week, an eight-hour workday, and a 48-hour workweek. Instead, bilateral agreements or memoranda of understanding between the government and some source countries for migrant workers include provisions for rest periods, compensation, and other conditions of employment for migrant domestic workers, including prohibitions on passport retention.

The Department of Labor of the Ministry of Human Resources enforces wage, working condition, and occupational safety and health standards. The government did not effectively enforce the law. The number of labor enforcement officers was insufficient to enforce compliance. Department of Labor officials reported they sought to conduct labor inspections as frequently as possible. Nevertheless, many businesses could operate for years without an inspection.

Penalties for employers who fail to follow the law begin with a fine assessed per employee and can rise to imprisonment. Employers can be required to pay back wages plus the fine. If they refuse to comply, employers face additional fines per day that wages are not paid. Employers or employees who violate occupational health and safety laws are subject to fines, imprisonment, or both. Penalties for violations were not commensurate with those for similar crimes.

Employers did not respect laws on wages and working hours. The Malaysian Trade Union Congress reported that 12-, 14-, and 18-hour days were common in food and other service industries.

The Ministry of Human Resources began enforcing amendments to the Worker’s Minimum Standards of Housing and Amenities Act on September 1. The measure aimed to provide foreign workers with better accommodation and employee facilities amid the COVID-19 pandemic. Employers and centralized accommodation providers must provide every worker with a single bed measuring not less than 18 square feet, a mattress at least 3.9 inches thick, a pillow, blanket, and a locked cupboard. In addition employers must ensure water, electricity, and basic furniture are supplied, and that amenities, including a bathroom to employee ratio, are observed in the accommodations. Although the punishment for employers was not directly stated in the regulations, Minister of Human Resources M. Saravanan on August 27 stated that employers who failed to comply with the standards could face a significant fine for each offense.

Migrant workers often worked in sectors where violations were common, performed hazardous duties, and had no meaningful access to legal counsel in cases of contract violations and abuse. Some workers alleged their employers subjected them to inhuman living conditions and physically assaulted them. Employers of domestic workers sometimes failed to honor the terms of employment and subjected workers to abuse. Employers reportedly restricted workers’ movement and use of mobile telephones; provided substandard food; did not provide sufficient time off; sexually assaulted workers; and harassed and threatened workers, including with deportation.

While the government mandated that all workers in businesses permitted to stay in operation must be tested for COVID-19, there were concerns for the labor conditions under which migrant workers were forced to work during the pandemic or risk losing their jobs. The Timber Employees Union of Peninsular Malaysia declared that migrant workers now felt “they’re being made to choose between COVID-19 or starvation.” The Malaysian Trade Union Congress claimed to have received more than 500 complaints against employers who continued operations despite the movement control order, with some reportedly threatening to terminate employees who refused to come to work, and not providing personal protection equipment.

Occupational health and safety laws cover all sectors of the economy except the maritime sector and the armed forces. The law requires workers to use safety equipment and cooperate with employers to create a safe, healthy workplace, but it does not specify a right to remove oneself from a hazardous or dangerous situation without penalty. Laws on worker’s compensation cover both local and migrant workers but provide no protection for migrant domestic workers.

The National Occupational Safety and Health Council–composed of workers, employers, and government representatives–creates and coordinates implementation of occupational health and safety measures. It requires employers to identify risks and take precautions, including providing safety training to workers, and compels companies with more than 40 workers to establish joint management-employee safety committees.

According to Department of Occupational Safety and Health statistics, as of October, 174 workers died, 5,705 acquired a nonpermanent disability, and 226 acquired permanent disability in work-related incidents.

The law allows all workers, except members of police, armed forces, and foreign and migrant workers, to form and join independent unions of their choice at local and national levels and provides for the right to conduct legal strikes and to bargain collectively. Other provisions and laws severely restrict or excessively regulate these rights. The government did not effectively enforce applicable laws, and penalties were not commensurate with penalties for similar violations of laws involving denials of civil rights, such as discrimination.

Prior authorization or approval by authorities is required before a union may be recognized. The public prosecutor must authorize all trade unions before they enjoy legal status. The public prosecutor may provisionally suspend a trade union at the request of the Ministry of Interior and Decentralization if ministry officials believe the union has not complied with the law. The law also provides that authorities may initiate legal proceedings against union leaders who undermine public order or make false statements. This law in effect authorizes administrative authorities to dissolve, suspend, or deregister trade union organizations by unilateral decision.

Noncitizens do not have the right to become trade union officials unless they have worked in the country and in the profession represented by the trade union for at least five years. Labor unions must obtain government authorization in order to hold labor elections. Despite previous promises, the government has not authorized union elections since 2014.

Bargaining collectively at the national level requires previous authorization or approval by the president, who decides how collective bargaining is organized. No such authorization is required for collective bargaining at the company level. The minister of labor, public service, and modernization of the administration may call for bargaining among employers, employees, labor unions, and the government. In addition the ministry is entitled to take part in the preparation of collective agreements. The law provides that the meeting must occur 15 days following a statement of nonagreement between parties.

The law provides for the right to strike, except for those working in services deemed essential. Aggrieved parties must follow complex procedures before conducting a strike action. If negotiations between workers and employers fail to produce an agreement, the case is referred to the Court of Arbitration. If the court fails to broker a mutually satisfactory agreement, workers may have to wait up to four additional months from the time of the decision before they can legally strike. The government may also dissolve a union for what it considers an illegal or politically motivated strike. The law prohibits workers from holding sit-ins or blocking nonstriking workers from entering work premises. Workers must provide advance notice of at least 10 working days to the Ministry of Labor, Public Service, and Modernization of the Administration for any strike.

The government did not enforce the law effectively and did not provide adequate resources for inspections. While authorities seldom punished violators, on several occasions the government ordered the reinstatement of workers who were wrongfully terminated or directed companies to improve employee benefits and services. While antiunion discrimination is illegal, national human rights groups and unions reported authorities did not actively investigate alleged antiunion practices in some private firms.

Freedom of association and the right to collective bargaining were not fully respected, although unions exercised their right to organize workers during the year. Collective bargaining at the company level, however, was rare. On February 5, longshoremen of the Autonomous Port of Nouakchott went on strike to demand the full implementation of agreements reached during a previous strike in 2018. According to the Mauritanian Workers’ Free Confederation, authorities dismissed thousands of longshoremen in 2018 without giving them their rights, adding that the walkout came in response to the “arbitrary policies and decisions” taken against the carriers.

Registration and strike procedures were subject to lengthy delays and appeals. Labor ministry officials routinely issued notices calling on all parties to negotiate. Such notices legally restrict workers from striking for a period of four months. Workers and unions organized several strikes and, unlike in previous years, authorities only occasionally employed force to disperse them.

The law prohibits most forms of forced or compulsory labor, including by children. It also criminalizes the practice of slavery, which includes forced labor and forced child labor, and imposes penalties, both on government officials who do not take action in response to reported cases and on those who benefit from contracting forced labor. Penalties were not commensurate with those for comparable violations. The constitution and law make the offense “a crime against humanity.” The law grants civil society organizations the right to file complaints in court on behalf of victims as civil parties; however, many civil society organizations reported difficulty in filing complaints on behalf of victims. The law also provides free legal assistance for victims and refers to their right to compensation. Although the government is taking more steps towards ending the practice of slavery, including increased engagement with civil society groups, efforts to enforce the antislavery law were considered inadequate.

The General Delegation for National Solidarity and the Fight against Exclusion, or Taazour, was created in 2019 to intensify government efforts to combat slavery and address the social and economic conditions that have left many citizens vulnerable to forced labor. With a budget of 20 billion ouguiyas ($541.5 million) over the next five years, Taazour is implementing projects to improve living conditions and provide skills to members of historically marginalized communities. The institution has the authority to coordinate projects of other government agencies in order to maximize their impact. Taazour has an agreement with the CNDH to facilitate efforts by beneficiaries of Taazour projects to seek redress for any violation of their civil rights.

Only registered human rights associations that have been legally operating for five years can file criminal cases on behalf of former slaves. During the year the government continued to prevent the registration of certain antislavery organizations and associations that work for the promotion and protection of the Haratine community; these include former slave groups that would have been able to submit complaints once their five-year probationary period had expired.

As of December, IRA, created in 2008 and one of the most active organizations fighting slavery in the country, continued to be prevented from registering. The government’s refusal to register IRA and other human rights NGOs who could help to file complaints on behalf of slavery victims was a contributing factor to the underutilization of the three Specialized Antislavery Courts.

On June 29, the Nema special court ruled on two slavery-related cases. The court ruled that the first case lacked evidence and determined that the case was not slavery related. The second case filed by SOS Esclaves involved a slavery-like practice; however, the court decided to postpone the hearing until the next scheduled court session in order to conduct a more thorough investigation. The Nema special court recommenced operations on November 12 but still did not rule on the second case. On December 3, the Nouadhibou Antislavery Court ruled on three cases, sentencing three persons in absentia to 20 years’ imprisonment and imposing a substantial fine as compensation for the victims. The Nouakchott special court briefly began hearings in December before quickly closing again due to the COVID-19 pandemic. With the exception of the June 29 ruling in the Nema special court, the specialized anti-slavery courts stopped hearing cases from March to November along with the rest of the judicial system in response to the COVID-19 pandemic.

Slavery and slavery-like practices, which typically flowed from ancestral master-slave relationships and involved both adults and children, continued. Although reliable data on the total number of slaves does not exist, local and international experts agreed hereditary slavery and slavery-like conditions affected a substantial portion of the population in both rural and urban settings. Enslaved persons suffered from traditional chattel slavery, including forced labor and forced sexual exploitation. Human rights groups reported that masters coerced persons in slavery and slavery-like relationships to deny to human rights activists that such exploitative relationships existed.

In 2015 the government asked the International Labor Organization (ILO) for a program to assess the scope of forced labor in the country. Among other activities, the Bridge Project supports research in the country on recruitment mechanisms and employment conditions to help identify different types of employment that may involve slavery or slavery-like practices. Most of the Bridge Project’s activities were postponed starting in March due to the COVID-19 pandemic. In September the project was extended to November 2021.

Former slaves and their descendants remained in a dependent status vis-a-vis their former slave masters due to a variety of factors, including cultural traditions, a lack of marketable skills, poverty, and persistent drought. Some former slaves and descendants of slaves were forced to revert to a de facto slave status by working for their former masters in exchange for some combination of lodging, food, and medical care. Some former slaves reportedly continued to work for their former masters or others under exploitative conditions to retain access to land that they traditionally farmed. Although the law provides for distribution of land to the landless, including to former slaves, authorities rarely enforced the law.

Former slaves in subservient circumstances were also vulnerable to mistreatment. Women with children faced particular difficulties. Because they were particularly vulnerable and lacked the resources to live independently from their former masters, they could be compelled to remain in a condition of servitude, performing domestic duties, tending fields, or herding animals without remuneration.

Some former slaves were coerced into continuing to work for their former masters, who relied on adherence to religious teachings and a fear of divine punishment to keep these individuals enslaved. Former slaves were often subjected to social discrimination and limited to performing manual labor in markets, ports, and airports.

Slavery, including forced labor and de facto slavery, were more prevalent in areas where educational levels were generally low or a barter economy still prevailed, and prevalent to a lesser degree in urban centers, including Nouakchott. The practices commonly occurred where there was a need for workers to herd livestock, tend fields, and do other manual or household labor. Nevertheless, such practices also occurred in urban centers where young children, often girls, were retained as unpaid domestic servants (see section 7.c.).

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

The law forbids some, but not all of, the worst forms of child labor. The law sets the minimum age for employment at 16. Nevertheless, it allows children as young as 12 to be employed in most forms of family enterprise with authorization from the Ministry of Labor, Public Service, and Modernization of the Administration, as long as the work does not affect the child’s health, exceed two hours per day, or occur during school hours or holidays. The law states employed children between ages 14 and 16 should receive 70 percent of the minimum wage and those who are 17 should receive 90 percent of the minimum wage. Children should not work more than eight hours a day, should be given one or several one-hour breaks, and may not work at night. Children working in unpaid, temporary, or noncontractual work do not have the same protections under the child labor laws and regulations as do children working in contractual employment.

The Ministry of Labor, Public Service, and Modernization of the Administration authorized children as young as 13 to do work in a variety of areas, resulting in children doing hazardous work by government authorization in the areas of agriculture, fishing, construction, and garbage removal. Additionally, the government does not legally prohibit all forms of hazardous work as defined by international law.

The law increases the penalties associated with violations of child labor laws and criminalizes commercial sexual exploitation of children and forced begging. It also increases the prison term for trafficking children. Penalties were not commensurate with those for comparable violations. The penalties were generally insufficiently enforced to deter violations. The law does not prohibit hazardous occupations and activities in all relevant child labor sectors, including domestic work and agriculture. The law prohibits the use of children for illicit activities, such as the production and trafficking of drugs.

The government did not effectively enforce the law. Mechanisms for exchanging information among agencies or assessing the effectiveness of child labor laws were not active during the year. There was no specific mechanism for submitting complaints, other than to labor inspectors or the Special Police Brigade for Minors. NGOs were the only organizations that handled cases of child victims, referred them to the Special Police Brigade for Minors, and pressured the government to adjudicate the cases or integrate the victims in social centers or schools during the year.

The CNDH’s 2016 annual report, which had the most recent numbers available, stated that 26 percent of children between the ages of 15 and 17 worked. The report indicated the proportion of children between the ages of 12 and 14 who performed some work increased to 22 percent. The report also stressed that exploitation of girls was more frequent in domestic work.

An unknown number of talibes (religious students), nearly all from the Halpulaar community, begged in the streets and gave the proceeds to their religious teachers as payment for religious instruction. There were reliable reports that some marabouts (religious teachers) forced their talibes to beg for more than 12 hours a day and provided them with insufficient food and shelter. The government continued a program to reduce the number of talibes and cooperated with NGOs to provide talibes with basic medical and nutritional care.

Child labor in the informal sector was common and a significant problem, particularly in poorer urban areas. Several reports suggested girls as young as age seven, mainly from remote regions, were forced to work as unpaid domestic servants in wealthy urban homes. Young children in the countryside were commonly engaged in cattle and goat herding, cultivation of subsistence crops, fishing, and other agricultural labor in support of their families. Young children in urban areas often drove donkey carts, delivered water and building materials, and were very active in garbage collection. Street gang leaders occasionally forced children to steal, beg, and sell drugs. In keeping with longstanding tradition, many children also served apprenticeships in small-scale industries, such as metalworking, carpentry, vehicle repair, masonry, and the informal sector.

The government continued to operate seven Centers for Protection and Social Integration of Children in Difficult Situations: one in each of the regions of Kiffa, Nouadhibou, Aleg, and Rosso, and three in Nouakchott.

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

The law prohibits discrimination based on race, disability, religion, political opinion, national origin, citizenship, social origin, sexual orientation or gender identity, age, or language, but the government often did not enforce the law. Penalties were not commensurate with those for comparable violations. Discrimination in employment and occupation occurred with respect to race and language. For example in conformity with long-standing practice, the advancement of both Haratines and sub-Saharans in the armed services remained limited.

The law provides that men and women should receive equal pay for equal work. The two largest employers, the civil service and the state mining company, observed this law; most employers in the private sector reportedly did not. In the modern wage sector, women also received family benefits, including three months of paid maternity leave. Women faced widespread employment discrimination, because employers usually preferred to hire men, with women overrepresented in low-paying positions (see section 6). There were known legal restrictions on women’s employment, including limitations on working in occupations deemed dangerous or morally inappropriate and certain industries including mining and construction.

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is more than the most recent estimate for the poverty income level. The law provides that the standard legal nonagricultural workweek must not exceed either 40 hours or six days unless there is overtime compensation, which is to be paid at rates graduated according to the number of supplemental hours worked. Domestic workers and certain other categories could work 56 hours per week. The law provides that all employees must be given at least one 24-hour rest period per week. There are no legal provisions regarding compulsory overtime.

The government sets health and safety standards, and in principle workers have the right to remove themselves from hazardous conditions without risking loss of employment; however, this was rarely applied. The law applies to all workers in the formal economy, and the labor code applies to all formal workers regardless of nationality. Penalties were not commensurate with those for comparable violations.

The Labor Office of the Ministry of Labor, Public Service, and Modernization of the Administration is responsible for enforcing labor laws but did not do so effectively. The ILO reported that a significant pay gap between staff in the labor inspectorate and staff in other government inspection departments who receive better remuneration (such as tax inspectors or education inspectors) led to attrition of personnel. The number of labor inspectors, however, was sufficient for the labor force. The ILO also reported that the labor inspectorate was subject to undue influence by employers and the government, thereby reducing the effectiveness of inspection activity.

The majority of the working population labored in the informal sector, primarily in subsistence agriculture and animal husbandry. According to the General Confederation of Mauritanian Workers, only 25 percent of workers filled positions accorded regular pay.

Despite the law, labor unions pointed to conditions approaching forced labor in several sectors, including the food processing industry. In these sectors workers did not have contracts or receive pay stubs. Their salaries were below the official minimum wage, and they worked in unfavorable conditions. They occasionally did not receive pay for several months.

Working conditions in the fishing industry were similarly difficult. Commercial fishermen reportedly often exceeded 40 hours of work per week without receiving overtime pay. Additionally, some factory workers employed by fish-processing plants and boat manufacturers did not receive contracts guaranteeing the terms of their employment. Government inspections of fishing vessels, processing plants, and boat factories were rare.

Violations of minimum wage or overtime laws were frequent in many sectors but more common in the informal economy, which includes domestic service, street vending, artisanal fishing, garbage collection, bus fare collection, donkey-cart driving, apprenticeship, auto repair, and other similar types of employment. The National Agency of Social Security registered 204 workplace fatalities or injuries during the year, which was comparable with previous years.

The government continued its efforts to strengthen freedom of association protections, promote union democracy, and improve the ability of workers to bargain collectively. In May 2019 President Lopez Obrador signed into law the most comprehensive labor law reforms in more than 100 years. The reforms provide the right for workers freely and independently to elect union representatives and approve or reject collective bargaining agreements before they are registered. The reforms ban the registration of collective bargaining agreements known as “protection contracts,” which were often negotiated and signed without the knowledge of workers and undermined genuine collective bargaining. The reform calls for the creation of independent labor courts to replace the system of Conciliation and Arbitration Boards (CABs) that favor corporatist unions in the resolution of disputes and facilitated the registration of protection contracts. In addition to a more impartial and streamlined judicial process for labor disputes, the reform transfers the registration of unions and collective bargaining agreements from the CABs to an independent Federal Conciliation and Labor Registration Center. The Federal Center also is to carry out conciliation functions at the federal level, and local conciliation centers are to do so at the state level. The reform establishes a four-year timeline for implementation designed to end May 1, 2023. The government demonstrated its prioritization of labor reform through its commitment of budgetary resources, establishment of a rigorous internal implementation schedule, and regular issuance of implementing regulations to bring the new law into force.

The government announced it would implement the labor reforms in a phased manner, with the new entities scheduled to be fully operational in the first eight states by November 18. Phase two is scheduled to be completed by October 1, 2021, with 13 states, and phase three is to be concluded on May 1, 2022, for the remaining states. Unions began amending their statutes in August 2019 to require secret ballot elections to approve collective bargaining agreements and union leaders, as mandated under the reform. As of April, 12 percent of active unions under local jurisdiction had registered their amended statutes with the CABs, compared with 85 percent of unions with active federal registrations with the Secretariat of Labor and Social Welfare (STPS). Responsibility for registration of the amendments shifted to the Federal Conciliation and Labor Registration Center when it began operations on November 18. The deadline for unions to amend and register their statutes, originally set to expire in May, was suspended due to COVID-19. Once the STPS and CABs resume their registration function, unions were expected to have up to 45 days to amend their statutes.

The STPS also began the four-year process of having workers review and vote on existing collective bargaining agreements, following the procedures for free and fair elections in the new labor reform. Under the reform the Federal Center must verify these votes; however, the STPS is scheduled to carry out this function until May 2021, when the Federal Center is scheduled to begin verification operations. According to the STPS, there were almost 532,500 registered workers and more than 200,000 collective bargaining agreements in the country, although many of the latter were not active and would not undergo an approval process by workers. As of June workers had reviewed and voted on 168 collective bargaining agreements with the STPS. The secretariat worked to develop more robust complaint mechanisms due to allegations of unfair labor practices during the voting process.

Federal labor law requires a minimum of 20 workers to form a union. To receive government recognition, unions and their leaders must file for registration with the Federal Center. The Federal Center and the new federal labor courts are designed to handle all matters related to collective bargaining agreements. In the 24 states not in phase one of labor reform implementation, individual labor cases are expected to be handled by the CABs until their states transition to the new system. The CABs operate under a tripartite system with government, worker, and employer representatives. Outside observers continued to raise concerns that the boards did not adequately provide for inclusive worker representation and often perpetuated a bias against independent unions. Worker representation on the CABs was based on majority representation, which is held by entrenched or “protection” unions, nondemocratic unions that sign “protection” contracts with complicit employers to secure low wages for workers without their knowledge. “Protection” contracts made up the vast majority of all labor contracts.

By law a union may call for a strike or bargain collectively in accordance with its own statutes. Under the labor reform, to negotiate a collective bargaining agreement, the union must first obtain a certificate of representativeness from the Federal Center demonstrating it has support from at least 30 percent of workers to be covered by the agreement. Before a strike may take place, a union must file a “notice to strike” with the appropriate CAB, or the appropriate labor court once they are operational. Workers, the employer, or an interested third party may request the CAB or court to rule on the legality of the strike, which may find the strike is “nonexistent” and therefore illegal. The law prohibits employers from intervening in union affairs or interfering with union activities, including through implicit or explicit reprisals against workers. The law allows for reinstatement of workers if the CAB finds the employer fired the worker without just cause and the worker requests reinstatement; however, the law also exempts broad categories of employees from this protection, including so-called employees of confidence and workers who have been in the job for less than a year.

The government’s common failure to enforce labor and other laws left workers with little recourse for violations of freedom of association, poor working conditions, and other labor problems in states that had not yet implemented the new labor justice aspects of the reform. The CABs’ frequent failures to administer and oversee procedures related to union activity impartially and transparently, such as union elections, registrations, and strikes, undermined worker efforts to exercise freely their rights to freedom of association and collective bargaining. This responsibility shifted to the Federal Center and the labor courts in November for the eight states in phase one.

Administrative penalties established under pre-2017 law for violations of freedom of association and collective bargaining were commensurate with those for other similar laws but were rarely enforced and subject to lengthy delays and appeals. The new labor courts began taking over these cases in the first part of a phased rollout in parts of the country in November.

According to several NGOs and unions, many workers faced violence and intimidation perpetrated by protection union leaders and employers supporting them, as well as other workers, union leaders, and vigilantes hired by a company to enforce a preference for a particular union in bargaining-rights elections. Some employers attempted to influence bargaining-rights elections through the illegal hiring of pseudo employees immediately prior to the election to vote for the company-controlled union. The CABs were widely alleged to administer these elections with a bias against new, independent unions, resulting in delays and other procedural obstacles that impacted the results and undermined workers’ right to organize. The labor reform is intended to address these matters.

Strikes regarding the integrity of union elections continued following the implementation of the United States-Canada-Mexico Agreement in July. After a nine-month work stoppage in which workers at the San Rafael Mine in Cosala, Sinaloa, demanded health and safety improvements and an election to replace the company-supported union, a vote was scheduled for September. The Canadian company accused Los Mineros, the worker-preferred union, of extortion and threatened to terminate the union’s investment in the mine. Workers in the strike called on the government to guarantee the integrity of the union election. Los Mineros won the vote in September, but the company rejected the results, and the closure of the mine continued.

In February workers at a General Motors factory in Guanajuato accused union leaders of being illegitimate and factory management of intimidation tactics, violations of worker rights, and unjustified layoffs, in reprisal for the workers’ opposition to a collective bargaining agreement. Union leaders signed the collective bargaining agreement without the consent of the majority of the workers, according to press reports. Labor stakeholders in the country and the United States also raised concern about the arrest of and charges filed against labor activist Susana Prieto, allegedly in retaliation for her advocacy on behalf of maquiladora workers in Matamoros and Ciudad Juarez. In addition workers dismissed in 2018 for alleged union activism at the Goodyear plant in San Luis Potosi continued to seek reinstatement.

The constitution and law prohibit all forms of forced or compulsory labor, but the government did not effectively enforce the law. While penalties for conviction of forced labor were commensurate with those for similar crimes, very few cases were successfully prosecuted. More than 36 percent of labor inspectorates in prevention and detection of trafficking in persons in agriculture did not report cases, and more than half of labor authorities did not train inspectors in trafficking in persons.

Forced labor persisted in the domestic service, child care, manufacturing, mining, food processing, construction, tourism, begging, street vending, leather goods production, and agriculture sectors, especially in the production of chili peppers and tomatoes. Women and children were subjected to domestic servitude. Women, children, indigenous persons, persons with disabilities, LGBTI persons, and migrants (including men, women, and children) were the most vulnerable to forced labor (see section 7.c.).

Day laborers and their children were the primary victims of forced and child labor in the agricultural sector. In 2016, the most recent data available, the government’s federal statistics agency (INEGI) reported 44 percent of persons working in agriculture were day laborers. Of the day laborers, 33 percent received no financial compensation for their work. Three percent of agricultural day laborers had a formal written contract.

Indigenous persons in isolated regions reported incidents of forced labor, in which cartel members forced them to perform illicit activities or face death. Minors were recruited or forced by cartels to traffic persons, drugs, or other goods across the border. Migrants were also recruited by criminal organizations to conduct illicit activities.

Criminal groups became increasingly involved in the illegal timber trade in Chihuahua, which accounted for 70 percent of the wood consumed in the country. Drug traffickers involved in illegal logging recruited and kidnapped indigenous persons and children in isolated or displaced communities, withheld wages, forced them to conduct illicit activities, and often threatened death if they tried to leave.

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

The law prohibits the worst forms of child labor. The constitution and law prohibit children younger than age 15 from working and allow those ages 15 to 17 to work no more than six daytime hours in nonhazardous conditions daily, and only with parental permission and permission from the labor authority. The law requires children younger than 18 to complete compulsory basic education and to have a medical certificate to work. The minimum age for hazardous work, including all work in the agricultural sector, is 18. The law prohibits minors from working in a broad list of hazardous and unhealthy occupations.

At the federal level, the Secretariat of Social Development, Prosecutor General’s Office, and National System for Integral Family Development share responsibility for inspections to enforce child labor law and to intervene in cases in which employers violate such laws. The STPS is responsible for carrying out child labor inspections and refers cases of child labor to the Prosecutor General’s Office for sanctions. Penalties were commensurate with other similar laws but rarely enforced.

During 2019 the government obtained convictions in 12 cases of child trafficking, established a Commission for the Protection of Migrant Children, and drafted the Plan of Action to Combat Child Labor 2019-24. The government was reasonably effective in enforcing child labor law in large and medium-sized companies, especially in the export-oriented factory (maquiladora) sector and other industries under federal jurisdiction.

Enforcement was inadequate in many small companies, agriculture, and construction, and nearly absent in the informal sector, in which most child laborers worked. Because nearly 60 percent of employment occurred in the informal sector, inspectors could not adequately investigate and deter child labor. Inspectors generally were permitted to examine the informal sector only in response to complaints. Social programs did not address all sectors of child labor. Children performed dangerous tasks in agriculture in the production of beans, coffee, cucumbers, eggplants, melons, onions, and tobacco, and forced child labor was present in the production of chili peppers and tomatoes. Children also produced garments, leather goods, and illicit crops, such as opium poppies, and engaged in illicit activities, such as the production and trafficking of drugs, and sexual exploitation, often as a result of human trafficking.

Underage children in urban areas throughout the country earned money by begging, washing windshields, selling small items, or performing in public places. In April 2019 authorities in Sinaloa announced they had identified 312 children who had worked in the streets of various cities. Authorities found the children had no relatives in the area and were possibly victims of human trafficking.

According to a 2017 INEGI survey, the number of employed children ages five to 17 was 3.2 million, or approximately 11 percent of children in the country. This represented a decrease from 12.4 percent of children in the 2015 INEGI survey. Of these children, 7.1 percent were younger than the minimum age of work or worked under conditions that violated federal labor law, such as performing hazardous work.

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

The constitution and law prohibit discrimination with respect to employment or occupation. Federal law specifically proscribes discrimination on the basis of ethnicity, nationality, gender, age, disability, social status, health, religion, immigration status, political opinion, sexual preference, marital status, or pregnancy. The government did not effectively enforce the law or regulations. A 2019 reform law allows all discrimination cases, including sexual harassment, to bypass formerly mandatory conciliation and proceed directly to the labor courts.

Penalties for violations of the law were commensurate with those for other similar laws. Discrimination in employment or occupation occurred against women, indigenous groups, persons with disabilities, LGBTI individuals, and migrant workers. According to a 2017 INEGI survey, 12 percent of women were illegally asked to take a pregnancy test as a prerequisite to being hired. Job announcements specifying desired gender, age, marital status, and parental status were common. INEGI reported in 2017 that 23 percent of working women experienced violence in the workplace within the past 12 months and that 6 percent experienced sexual violence. The CNDH reported, however, 1 percent of cases resulted in a sanction for the perpetrator.

e. Acceptable Conditions of Work

The tripartite National Minimum Wage Commission is responsible for establishing minimum salaries. In January the government raised the minimum wage. The new wage applied to all sectors and allowed an earner to reach or exceed the poverty line. Most formal-sector workers received between one and three times the minimum wage.

Federal law sets six eight-hour days and 48 hours per week as the legal workweek. Any work in excess of eight hours in a day is considered overtime, for which a worker is to receive double pay. After accumulating nine hours of overtime in a week, a worker earns triple the hourly wage. The law prohibits compulsory overtime. The law provides for eight paid public holidays and one week of paid annual leave after completing one year of work. The law requires employers to observe occupational safety and health (OSH) regulations, issued jointly by the STPS and Institute for Social Security. Legally mandated joint management and labor committees set standards and are responsible for overseeing workplace standards in plants and offices. Individual employees or unions may complain directly to inspectors or safety and health officials. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The STPS has the authority to order labor inspections at any time in the event of labor law violations, imminent risk to employees, or workplace accidents. The number of labor inspections was not sufficient to secure compliance. Sixty percent of labor authorities at the state level had fewer than 10 inspectors. Criminal cases related to such violations were rarely carried out. Penalties for law violations regarding OSH, hours, and minimum wage were commensurate with those for other similar laws but were rarely enforced.

According to labor rights NGOs, employers in all sectors sometimes used the illegal “hours bank” approach–requiring long hours when the workload is heavy and cutting down hours when it is light–to avoid compensating workers for overtime. This was a common practice in the maquiladora sector, in which employers forced workers to take leave at low moments in the production cycle and obliged them to work in peak seasons, including the Christmas holiday period, without the corresponding triple pay mandated by law for voluntary overtime on national holidays. Additionally, many companies evaded taxes and social security payments by employing workers through subcontracting regimes or by submitting falsified payroll records to the Mexican Social Security Institute. From September 2019 to June, federal labor inspectors carried out targeted inspections at 4,709 workplaces suspected of unlawful subcontracting practices and initiated sanction proceedings in 1,200 cases. As of October, INEGI estimated 56 percent of the workforce was engaged in the informal economy, which was an increase from May, when COVID-19 forced many persons into informal labor situations. Approximately one quarter (7.6 million persons) were employed by formal businesses or organizations but paid in cash off the books to evade taxes and social security payments.

Observers from grassroots labor rights groups, international NGOs, and multinational apparel brands reported employers in export-oriented supply chains increasingly used hiring methods that lessened job security. For example, manufacturers commonly hired workers on one- to three-month contracts, and then waited a period of days before rehiring them on another short-term contract, to avoid paying severance and to prevent workers from accruing seniority. This practice violated federal law and restricted workers’ rights to freedom of association and collective bargaining. Observers noted it also increased the likelihood of work-related illness and injury. Outsourcing practices made it difficult for workers to identify their legally registered employer, thus limiting their ability to seek redress of labor grievances.

Citizens hoping to obtain temporary, legal employment in the United States and other countries frequently paid recruiters hundreds or thousands of dollars in prohibited fees to secure jobs, and many prospective workers were promised jobs that did not exist. Allegations of abusive and fraudulent recruitment practices rarely were investigated. Although the law requires entities recruiting for overseas employment to register with the STPS, there is no enforcement mechanism, and only a handful of recruiters complied.

The situation of agricultural workers remained particularly precarious, with similar patterns of exploitation throughout the sector. Labor recruiters enticed families to work during harvests with verbal promises of decent wages and a good standard of living. Rather than receiving daily wages once a week, as mandated by law, day laborers had to meet certain harvest quotas to receive the promised wage. Wages may be illegally withheld until the end of the harvest to ensure the workers do not leave, and civil society organizations alleged workers were prohibited from leaving by threats of violence or by nonpayment of wages. Workers had to buy food and other items at the company store at high markups, at times leaving them with no money at the end of the harvest after settling debts. Civil society groups reported families living in inhuman conditions, with inadequate and cramped housing, no access to clean water or bathrooms, insufficient food, and without medical care. With no access to schools or child care, many workers took their children to work in the fields.

On August 7, indigenous agricultural workers accused agribusiness Empacadora Xipehua in Guanajuato of not paying workers their wages for six weeks, according to press reports.

News reports indicated poor working conditions in some maquiladoras. These included low wages, contentious labor management, long work hours, unjustified dismissals, a lack of social security benefits, unsafe workplaces, and no freedom of association. Many women working in the industry reported suffering some form of abuse.

In April 2019 the Senate unanimously approved legislation requiring paid vacation and annual bonuses for the 2.4 million domestic workers, 90 percent of whom were women. The law permits them to enroll in social security, thereby gaining access to benefits such as medical services, child care, and maternity leave.

According to data from the Mexican Social Security Institute, in 2019 there were approximately 200,500 workplace accidents, resulting in 285 deaths.

During the year hundreds of thousands of workers continued to work in foreign-owned factories, mainly in northern border states, producing electronics, medical equipment, and auto parts. Several outbreaks of COVID-19 resulted in multiple deaths. Some companies reportedly did not implement effective protective measures for employees, and one factory, owned by Eaton Corporation in Baja California, was operating illegally and was closed after it placed chains on its doors to prevent 800 workers from leaving.

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 commensurate with those of other laws related to civil rights.

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 commensurate with those for other serious crimes.

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 within the country and in other parts of Europe and the Middle East. 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/.

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 for violations were commensurate with those for other serious crimes. Authorities did not effectively enforce legal protections, and child labor remained a problem, especially in the agriculture and construction industries. The government was unable to make unannounced inspections and could only take action on a violation directly related to a complaint. If child labor violations were observed during a complaint based inspection, the government did not have the authority to take action.

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 .

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 for violations were commensurate with those of other crimes related to denial of civil rights. The law does not mandate equal remuneration for work of equal value.

Discrimination on the basis of sex in access to pension benefits persisted in the country. The age at which men and women can retire with either full or partial benefits is not equal, nor is the mandatory retirement age for men and women.

Discrimination in employment and occupation occurred with respect to gender, disability, minority status, sexual orientation, gender identity, and HIV-positive status. Gender-based violence and harassment in the workplace is common in the country. Pregnant women reported being denied employment opportunities, since such employment was associated with additional benefits payable after childbirth.

The law also stipulates that the Equality Council be responsible for reviewing complaints of discrimination and making recommendations. As of September the council made decisions on 193 cases of alleged discrimination, 3.2 percent more than in 2019.

In Transnistria job segregation “laws” ban women from more than 300 jobs. Prohibited occupations include a wide variety of occupations deemed “too dangerous or demanding” for women, including welding, pouring, driving, snow blowing, gas extracting, and climbing.

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is less than the poverty level. According to the National Trade Union Confederation (NTUC), as of July salary arrears were more than 20.9 million lei ($1.2 million).

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 but the central government did not have an effective mechanism to monitor compliance. In the agricultural sector, approximately 63 percent of workers were employed informally, according to NTUC.

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 inspections could only occur when a complaint was received and not all complaints met the criteria for a workplace inspection. Penalties for violations were not commensurate with those for other similar crimes.

Labor inspectors were generally required to give advance notice before conducting labor investigations and were generally prohibited from conducting onsite inspections if the information sought could be obtained in writing, which undercut their enforcement ability. The 10 sectoral inspection agencies responsible for occupational health and safety controls did not have sufficient trained staff to carry out adequate inspections. In the first eight months of the year, the SLI reported 334 unplanned inspections in areas defined by law as “labor relations,” 42 in “salary payments” and 46 in “occupational safety and health.” Labor inspectors could not confirm that any of these unplanned inspections were unannounced. In person, onsite inspections were suspended during the state of emergency declared between March 17 and May 15, and the moratorium continued under the public health state of emergency that continued from May 16 to the end of the year in response to the coronavirus pandemic.

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. Workers in the informal economy did not have the same legal protections as employees in the formal sector. No government social programs targeted workers in the informal economy who were hardest hit by the COVID lockdowns during the year.

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 eight months of the year, the SLI reported 231 work accidents involving 235 victims. The SLI also reported 13 work-related deaths. Enterprise committees investigated 170 cases of temporary incapacitation resulting from work accidents, involving 171 persons.

The law provides for the right of workers to form or join independent unions and professional organizations of their choosing without previous authorization or excessive requirements. The law provides for the rights of all workers except those employed in essential services to participate in union activities without discrimination, conduct strikes, and bargain collectively. The law requires reinstatement of workers fired for union activity.

The law bars persons employed in essential services–defined as occupations critical for national defense and safety, including police, utilities, and transportation services–from striking, and it prohibits third parties from organizing strikes. The law prohibits strikes unrelated to matters regulated by a collective agreement.

The government generally enforced laws providing for the rights of collective bargaining and freedom of association. Penalties, largely fines, were not commensurate with those for similar violations. Labor dispute settlement committees resolved most disputes between individual workers and management. These committees comprise representatives of the local government, the employer, and the employee, who is joined by a representative of the Confederation of Mongolian Trade Unions (CMTU). The CMTU reported the court process was so lengthy many workers abandoned their cases due to time and expense.

The CMTU stated some employees faced obstacles, including the threat of salary deductions, to forming, joining, or participating in unions. Some employers prohibited workers from participating in union activities during work hours. The CMTU also stated workers terminated for union activity were not always reinstated. The CMTU reported some employers refused to conclude collective bargaining agreements.

The constitution prohibits all forms of forced or compulsory labor, except as part of a legally imposed sentence. The criminal code provides for a fine or imprisonment for forced labor offenses; these were not commensurate with penalties for similar serious crimes. The government did not effectively enforce the law. Inspection was not adequate, and inspectors did not perform unannounced inspections nor enforce the law in the informal sector.

There were isolated reports of forced labor, including forced child labor such as forced prostitution and begging.

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

The law prohibits the worst forms of child labor. The law provides for penalties for forced labor or slavery; prohibits the use of children in prostitution; or the use, procurement, or offering of a child for the production and trafficking of drugs. The law prohibits children younger than 14 from working. The minimum age for work does not apply to children in the informal sector or to those who are self-employed. At age 14, children may, with parental and government permission, work a maximum of 30 hours per week to acquire vocational training and work experience. At age 15, children may enter into a vocational training contract with permission from parents or guardians. According to a Ministry of Labor and Social Protection order, children younger than 18 may not work in hazardous occupations such as mining and construction; engage in arduous work; serve as jockeys during the winter (children may be jockeys beginning at age seven during other seasons); participate in cultural, circus, or folk art performances at night; work in businesses that sell alcoholic beverages; or engage in roadside vending. Despite these restrictions, children were commonly seen participating in horse racing, roadside vending, and other occupations in contravention of the order.

The government did not effectively enforce the law. Authorities reported employers often required minors to work in excess of 40 hours per week and paid them less than the minimum wage. Penalties were not criminal and were not commensurate with those for similar serious crimes. Child labor, including forced child labor, occurred in many sectors, including in hotels and restaurants, vehicle repair, manufacturing, petty trade, scavenging, forced begging, event or street contortionism (a local art form), and the illicit sex trade (see section 6, Children). The FCYDA and the General Agency for Specialized Inspection (GASI) conducted announced child labor inspections, including at artisanal mining sites, public markets, service centers, dumpsites, construction and transportation sites, and on farms. The law did not apply to the informal sector, where most children worked.

International organizations continued to express concern regarding child jockeys in horseracing. Children commonly learned to ride horses at age four or five, and young children traditionally served as jockeys during the annual Naadam festival in races ranging from two to 20 miles. All jockeys including child jockeys are prohibited from working from November 1 to May 1, when cold weather makes racing more hazardous.

Racing regulations also require registration, insurance, adequate headgear, and chest protection, but despite greater government and public attention to safety, enforcement was inconsistent. The FCYDA registered 9,785 child jockeys who competed nationwide during the Naadam festival in July. In these races, 197 children reportedly suffered falls, but no serious injuries or deaths were reported. Unsanctioned races–of which there were many–were not counted in these statistics.

The FCYDA maintained an electronic database containing information on more than 10,000 child jockeys and collected biometric information to better track jockeys and prevent children younger than seven from working as jockeys. In addition labor ministry guidelines require an insurance policy for jockeys that pays jockeys or their surviving family members up to 20 million tugriks ($7,000) in case of injury or death sustained during a race. Observers reported compliance with safety regulations at national races but less satisfactory compliance at community and regional events. The government, however, conducts child labor inspections at horse racing events only once a year and must provide 48 hours’ notice before initiating an investigation.

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

The law prohibits discrimination in employment and occupation based on nationality, language, race, age, gender, sexual orientation, sex or marital status, social origin or status, wealth, religion, ideology, education, or medical status. It also prohibits employers from refusing to employ a person with disabilities but provides broad exceptions, applying “unless the condition of such person prevents him from performing a specified activity or would otherwise be contrary to established working conditions at the workplace.” The law prohibits employers from refusing employment to or dismissing an individual diagnosed with HIV or AIDS unless the condition makes it difficult to perform job duties. The law also prohibits women from working in occupations that require heavy labor or exposure to chemicals that could affect infant and maternal health.

The government enforced the law inconsistently, and discrimination occurred in employment and occupation based on sex and disability, as well as on sexual orientation, gender identity, and HIV status. Penalties were not commensurate with those for similar violations.

The law charges employers with taking steps to prevent sexual harassment in the workplace, including by establishing internal rules about sexual harassment and the redress of complaints, but provides no penalties. The NHRC reported poor knowledge of the law’s sexual harassment provisions among both employers and employees. The CMTU organized a campaign in July and August to raise awareness of sexual harassment, put an end to workplace coercion and harassment, and urge the implementation of recommendations on sexual harassment.

The NHRC found employers were less likely to hire, promote, or provide professional development opportunities to women. According to a survey conducted by the National Statistical Office in September, the monthly wages paid to men were, on average, 20 percent higher than those paid to women.

Although the law requires workplaces with more than 25 employees to employ a minimum of 4 percent of persons with disabilities or pay a fine, NGOs reported a reluctance to hire them persisted. They also noted the government itself failed to meet the quota. Members of the disability community noted that, even when hired, the lack of accessible public transport made it difficult for persons with disabilities to hold a job (see section 6, Persons with Disabilities).

The Labor Ministry’s Department for the Development of Persons with Disabilities is responsible for developing and implementing employment policies and projects for persons with disabilities. Government organizations and NGOs reported employers’ attitude toward employing persons with disabilities had not improved and that many employers still preferred to pay fines to the Employment Support Fund maintained by the Labor Ministry rather than employ persons with disabilities.

NGOs, the NHRC, and members of the LGBTI community reported companies rarely hired LGBTI persons who were open about their sexual orientation or gender identity, and LGBTI persons who revealed their status in the workplace frequently faced discrimination, including the possibility of dismissal. Illegally dismissed LGBTI persons rarely sought court injunctions to avoid disclosing their status and increasing the risk of discrimination.

Foreign migrant workers did not receive the same level of protection against labor law violations as the general population.

e. Acceptable Conditions of Work

The National Tripartite Committee, which comprises the government, the CMTU, and the Federation of Employers, annually establishes a national minimum wage that is above the poverty line. The law provides for a standard workweek of 40 hours and the payment of overtime, but in practice payment of overtime is rarely enforced. The law does not cover workers in the informal sector.

Laws on labor, cooperatives, and enterprises set occupational health and safety standards, which apply equally to local and foreign workers. GASI noted many standards were outdated.

Labor inspectors assigned to GASI’s regional and local offices are responsible for enforcement of all labor regulations and have the authority to compel immediate compliance. The government did not effectively enforce minimum wage, working hours, and occupational safety and health laws and regulations. GASI reported its inspectors, faced with large investigative workloads, needed better training on investigative techniques and evidence collection. The number of labor inspectors was insufficient for the size of the country’s workforce. Inspectors generally did not conduct inspections in the informal sector.

GASI acknowledged that fines imposed on companies for not complying with labor standards or for concealing accidents were not commensurate with those for similar violations and did not compel management compliance. Moreover, safety experts responsible for labor safety and health were often inexperienced or had not received training. GASI lacks the authority to perform unannounced inspections.

The law on pensions allows for participation by small family businesses and workers in the informal economy (such as herders) in pension and social benefit programs. These categories of workers were able to access health care, education, social entitlements, and an optional form of social security.

Many workers received less than the minimum wage, particularly at smaller companies in rural areas. Workers in the construction sector, in which work is constrained to a few months each year due to extreme winters, were sometimes pressured to work long hours, increasing the risk of accidents and injuries.

Reliance on outmoded machinery, poor maintenance, and management errors led to frequent industrial accidents, particularly in the construction, mining, and energy sectors. According to the NHRC, lack of proper labor protection and safety procedures contributed to the high accident rate in the construction sector. Workers have the right to remove themselves from hazardous situations, but the CMTU stated workers had limited awareness of their legal right to refuse to work in unsafe conditions.

GASI provided safety training to companies and private enterprises. According to GASI, the training resulted in a decrease in industrial accidents in accident-prone sectors. Information on the number of deaths and injuries in industrial accidents was not available. In September demonstrations erupted in Umnugobi Province among truck drivers and their supporters after the deaths of three truck drivers hauling coal between a major coal mine and the Chinese border. Protesters cited dangerous road conditions, excessive work hours, employer retention of drivers’ passports, and a lack of basic support and services for drivers.

The constitution provides workers with the rights to form and join unions, strike, and bargain collectively, with some restrictions.

The law prohibits antiunion discrimination and prohibits companies from dismissing workers for participating in legitimate union-organizing activities. Courts have the authority to reinstate workers dismissed arbitrarily and may enforce rulings that compel employers to pay damages and back pay. Trade unions complained that the government at times used the penal code to prosecute workers for striking and to suppress strikes.

The law prohibits certain categories of government employees, including members of the armed forces, police, and some members of the judiciary, from forming and joining unions and from conducting strikes. The law excludes migrant workers from assuming leadership positions in unions.

The government generally respected freedom of association and the right to collective bargaining. Employers limited the scope of collective bargaining, frequently setting wages unilaterally for most unionized and nonunionized workers. The law allows independent unions to exist but requires 35 percent of the employee base to be associated with a union to permit the union to be represented and engage in collective bargaining. Domestic NGOs reported that employers used temporary contracts to discourage employees from affiliating with or organizing unions. Unions can legally negotiate with the government on national-level labor issues. At the sectoral level, trade unions negotiated with private employers concerning minimum wage, compensation, and other concerns. Labor disputes were common and, in some cases, resulted from employers failing to implement collective bargaining agreements and withholding wages.

The law concerning strikes requires compulsory arbitration of disputes, prohibits sit-ins, and calls for a 10-day notice of a strike. The government may intervene in strikes. A strike may not occur over matters covered in a collective contract for one year after the contract commences. The government has the authority to disperse strikers in public areas not authorized for demonstrations and to prevent the unauthorized occupancy of private space. Unions may neither engage in sabotage nor prevent those individuals who were not on strike from working.

The government did not adequately enforce labor laws, particularly inspections. Inspectors reported that their role as mediators of labor conflicts significantly limited the amount of time they can spend proactively inspecting worksites, and remediating and uncovering violations. Inspectors do not have punitive power and cannot independently levy fines or other punishments. Only action by the public prosecutor that results in a judicial decree, can force an employer to take remedial actions. Penalties were considered insufficient to deter offenses. Enforcement procedures were subject to lengthy delays and appeals.

Most union federations affiliated with political parties, but unions were generally free from government interference.

The law prohibits all forms of forced or compulsory labor and prescribes penalties of a fine for the first offense and a jail term of up to three months for subsequent offenses; these penalties were not commensurate with those prescribed for analogous crimes such as kidnapping.

The domestic workers law provides protections to domestic workers, including limits on working hours and a minimum wage. Penalties for violating the law start with a fine and, in cases of repeated offenses, can include one to three months’ imprisonment.

Labor inspectors did not inspect small workshops with fewer than five employees and private homes where many such violations occurred, as the law requires a warrant or permission of the owner to search a private residence. The law establishes a conciliation process for labor inspectors to handle disputes between domestic workers and their employers, but the law lacks time limits for a resolution. Labor inspectors reported their small numbers, scarce resources at their disposal, and the broad geographic dispersion of sites limited their ability to enforce the law effectively.

Reports indicated that forced labor, especially of children, occurred (see section 7.c.).

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

The law establishes a minimum age for employment and the government enforced the law. A law passed in 2016 that became effective in 2018 prohibits children younger than age 16 from working as domestic servants and strictly limiting the work of children younger than 18. The overwhelming majority of child laborers worked in rural areas, according to the government’s statistical agency, the High Planning Commission. Punishments for violations of the child labor laws include criminal penalties, civil fines, and withdrawal or suspension of one or more civil, national, or family rights, including denial of legal residence in the country for five to 10 years. Penalties were not sufficient to deter violations. The Ministry of Labor and Vocational Integration continued to conduct child labor inspections in the formal economy across the country, but the government reported it remained concerned about child labor violations in the informal sector, including potential forced child labor crimes. The government reported that, overall, labor inspections suffered from insufficient personnel and resources to address child labor violations, including potential child trafficking crimes, throughout the country. Furthermore, there was no national focal point to submit complaints about child labor or forced child labor and no national mechanism for referring children found during inspections to appropriate social services.

The labor code does not apply to children who work in the traditional artisan or handicraft sectors for businesses with fewer than five employees or to those who work on private farms or in residences. Some children became apprentices before they were 12, particularly in small, family-run workshops in the handicraft industry and in the construction industry and mechanic shops. Children also worked in hazardous occupations as designated by law (see section 7.e.). These included fishing and, in the informal sector, in textiles, light manufacturing, and traditional handicrafts. Children’s safety, health conditions, and wages were often substandard.

The government adopted Law 51.17, which requires the government to enact compulsory education for children between the ages of four and 16 by 2025, and significantly increased the number of prosecutions related to the worst forms of child labor, from five cases in 2018 to 170 cases in 2019. The law prohibits the employment of children younger than age 16 in dangerous labor; however, it does not prohibit all of the worst forms of child labor. The law does not specifically prohibit the use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In some cases employers subjected children to the worst forms of child labor, including commercial sexual exploitation (see section 6, Children); forced domestic work; and forced labor in the production of artisan products and construction.

Children in Western Sahara engaged in the worst forms of child labor, including agriculture and forced domestic work; they also produced artisanal handicrafts. Laws related to the minimum age for work and the use of children for illicit activities do not meet international standards and government programs that target child labor did not fully address the problem.

The Moroccan government continued to invest in education in Western Sahara through the Tayssir cash assistance program and continued to provide child protection services through the second phase of the National Initiative for Human Development Support Project. Residents of Western Sahara received more assistance per capita from this program than persons living in internationally recognized Morocco.

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

The labor code prohibits discrimination against persons in employment and occupation based on race, religion, national origin, color, sex, ethnicity, or disability, including physical, sensory, intellectual, and mental disability. The law does not address age or pregnancy.

Discrimination occurred in all categories prohibited by law, Women are prohibited from working in occupations that present a risk of excessive danger, exceeds their capacity or is likely to undermine their morality, such as jobs in quarries and underground in mines, or engaging in work that exposes them to the risk of falling or slipping as well as work in a constant squatting or leaning position, work or activities using asbestos and benzene and any other activity exposing them to dangerous chemical agents.

Migrant worker organizations reported that some migrants, particularly those from sub-Saharan African countries, experienced discrimination in hiring, wages, or conditions of employment. These workers often reported employer noncompliance with low or unpaid wages, excessive hours of work, restricted movement, dangerous and difficult work conditions. Even after obtaining a residence card, their vulnerability was reinforced by lack of access to the formal economy, pushing them to the margins of society. Most lived in crowded rooms in dilapidated neighborhoods, while others slept on the streets, in cemeteries, and forests.

e. Acceptable Conditions of Work

The minimum wage was above the poverty line. The law provides for a 44- to 48-hour maximum workweek with no more than 10 hours work in a single day, premium pay for overtime, paid public and annual holidays, and minimum conditions for health and safety, including limitations on night work for women and minors. The law prohibits excessive overtime. An April 2019 tripartite agreement between the government, employers, and unions stipulated a 10 percent minimum wage increase per month phased into two 5 percent increases. The first occurred in 2019, and the second was planned for July. In a July 27 press release, the General Confederation of Enterprises of Morocco called on companies “in difficulty” to postpone the wage increase to preserve jobs and avoid layoffs and suggested only companies in sectors not affected by the COVID-19 crisis should implement the second 5 percent wage increase.

Occupational health and safety standards, reviewed and enforced by the Ministry of Employment and Vocational Integration, are rudimentary, except for a prohibition on the employment of women and children in certain dangerous occupations. The law prohibits persons younger than age 18 from hazardous work in 33 areas, including working in mines, handling dangerous materials, transporting explosives, and operating heavy machinery.

Many employers did not observe the legal provisions regulating conditions of work. The government did not effectively enforce basic provisions of the labor code, such as payment of the minimum wage and other basic benefits under the National Social Security Fund. The country’s labor inspectors reported that although they attempted to monitor working conditions and investigate accidents, they lacked adequate resources, preventing effective enforcement of labor laws.

There were no major workplace accidents during the year. There were, however, numerous media reports of accidents, sometimes fatal, on construction sites that lacked inadequate safety standards or safety equipment. In the formal sector, workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations.

The constitution and law provide for workers, with limited exceptions, to form and join independent trade unions, conduct legal strikes, and bargain collectively. The law requires government approval to establish a union. By law the government may take up to 45 days to register unions, a delay the International Labor Organization has deemed excessive. The law provides for the right of workers to organize and engage in collective bargaining. Workers in defense and security services, tax administration, and the fire brigade, along with prison workers, judges and prosecutors, and the President’s Office staff members are prohibited from unionizing. Other public-sector workers may form and join unions, but they are prohibited from striking.

The law does not allow strike action until complex conciliation, mediation, and arbitration procedures are exhausted, which typically takes two to three weeks. Sectors deemed essential must provide a “minimum level” of service during a strike. Workers’ ability to conduct union activities in workplaces was strictly limited. The law provides for voluntary arbitration for “essential services” personnel monitoring the weather and fuel supply, postal service workers, export-processing-zone workers, and those loading and unloading animals and perishable foodstuffs. The law requires that strikes be announced at least five days in advance, and the announcement must include the expected duration of the strike, although the government interprets this to allow indefinite strikes. Mediation and arbitration bodies, in addition to the unions and workers themselves, may end strikes. The government respected the legal prohibition of antiunion discrimination. The law prohibits antiunion discrimination; however, it does not explicitly provide for reinstatement of workers terminated for union activities. An employee fired with cause does not have a right to severance, but employees terminated without cause do. Unemployment insurance does not exist, and there is no social safety net program for workers laid off for economic reasons.

Authorities and employers generally respected freedom of association and the right to collective bargaining, although workers were only able to exercise a few of these rights. Collective bargaining contracts covered less than 5 percent of the workforce.

The government did not effectively enforce labor laws. Government efforts included fining companies that violated labor laws and the expulsion of foreign supervisors who allegedly did not follow the law. Fines were not sufficient to deter violators. Penalties for conviction were not commensurate with those for similar denials of civil rights.

The largest trade union organization, the Organization of Mozambican Workers, was perceived as biased in favor of the government and ruling party Frelimo. There were no independent unions.

The law prohibits most forms of forced or compulsory labor. Forced or compulsory labor was among legal penalties for conviction of crimes. The penalties for conviction of violations were insufficient to deter violations. Penalties if convicted were not commensurate with those for other serious crimes.

The government did not enforce these laws effectively. There was limited evidence of forced labor and forced child labor in the mining, domestic service, and agricultural sectors. Girls and women from rural areas, as well as migrant workers from bordering countries, were lured to cities with false promises of employment or education and exploited in domestic servitude and sex trafficking.

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

The government has established laws and regulations that prohibit the worst forms of child labor; however, gaps exist in the legal framework to protect children adequately from the worst forms of child labor. Labor law and regulations on domestic work allow children ages 12 to 15 to engage in domestic work with the permission of their legal guardian and according to certain conditions defined by the Council of Ministers. A minimum age of 12 is not in compliance with international standards.

Children are not permitted to work in occupations that are unhealthy, dangerous, or require significant physical effort. Hazardous work includes an extensive list of activities within 14 occupational categories, including domestic service, mining, and production of tobacco. The minimum working age without restrictions is 18. The law permits children between ages 15 and 17 to work with a Ministry of Labor permit. The employer is required to provide for their training and provide conditions of work that are not damaging to their physical and moral development. Children between ages 15 and 18 may work up to seven hours a day for a total of 38 hours a week.

The Ministry of Labor regulates child labor in the formal sector, but the government did not effectively enforce the law. Labor inspectors may obtain court orders and have police enforce compliance with child labor provisions. Law enforcement officers work with the Ministry of Gender, Children, and Social Action (MGCAS) and the National Reference Group for the Protection of Children and Combating Trafficking in Persons to coordinate referrals of children to social service providers. Furthermore, MGCAS has a standard operating procedure for handling human trafficking victims, which incorporates an intake form used nationwide by law enforcement officers, including border officials, to collect the necessary data from victims and to provide for professional care and referrals to appropriate services. There were no mechanisms in place for submitting complaints regarding hazardous and forced child labor. Penalties were insufficient to deter violations. Penalties for conviction were not commensurate with those for other serious crimes. Enforcement mechanisms generally were inadequate in the formal sector and nonexistent in the informal sector.

The labor inspectorate and police lacked adequate staff, funds, and training to investigate child labor cases, especially in areas outside the capital, where a majority of the abuses occurred. The government did not employ a sufficient number of labor inspectors. Inspectors earned low wages (like many government employees) making them vulnerable to, and often inclined to seek, bribes. Inspectors often did not have the means to travel to sites and therefore relied on the company they were investigating to provide transportation to the site of an alleged violation. The government provided training on child prostitution and abuse prevention to police officers, training to judges regarding legislation pertinent to child labor, and training to labor inspectors on trafficking identification and prevention.

Child labor remained a problem. NGOs reported some girls who migrated from rural areas to urban centers to work as domestic help for extended family or acquaintances to settle debts were vulnerable to commercial sexual exploitation (see section 6, Children). Mothers who did not complete secondary school were more likely to have children involved in child labor. Due to economic necessity, especially in rural areas, children worked in agriculture, as domestic employees, or in prostitution.

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

The law prohibits discrimination with respect to employment and occupation. The government effectively enforced applicable law. Penalties (such as fines) were sufficient to deter violations. Penalties for conviction were not commensurate with laws relating to other civil rights issues.

Discrimination in employment against persons with disabilities was common, and access to employment was one of the biggest problems facing persons with disabilities.

The law explicitly prohibits discrimination against workers because of HIV/AIDS status, and the Ministry of Labor generally intervened in cases of perceived discrimination by employers. With an increased public awareness of this law, there were no public reports of individuals dismissed because of their HIV status.

There were multiple media reports of the Ministry of Labor suspending the contracts of irregular foreign workers. Some foreign workers reported harassment by Ministry of Labor inspectors after disputes with Mozambican coworkers and being forced to pay bribes for work permits or leave the country. In 2017, however, the Constitutional Council ruled it was unconstitutional for the government to expel foreign workers without judicial approval.

e. Acceptable Conditions of Work

The lowest government-mandated minimum wage, based on industry, was above the official poverty line. The standard legal workweek is 40 hours but may be extended to 48 hours. Overtime must be paid for hours worked in excess of 48 hours at 50 percent above the base hourly salary. These legal protections also apply to foreign workers holding work permits.

The government sets occupational health and safety (OSH) standards that were up to date and appropriate for the main industries. Health and environmental laws protect workers in the formal sector; however, they do not apply to the informal economy, which comprised an estimated 95 percent of the workforce. Workers have the right to clean and safe workplaces including good physical, environmental, and moral conditions. Workers have the right to be informed of safety risks and instruction on how to follow the regulations and improve safety, including the right to protective clothing and equipment, first aid, health exams, and compensation for workplace injuries or sickness. OSH officers are responsible for identifying unsafe working conditions, but workers may file complaints regarding unsafe situations.

On July 27 and August 4, according to local reports, two miners died while digging a shaft illegally within a privately owned mining concession in Cabo Delgado Province. A Ministry of Mineral Resources and Energy official stated the illegal mining and deaths occurred within a concession owned by the Montepuez Ruby Mining Company and that the illegal mining operation was likely part of an international smuggling ring led by foreigners who paid low wages to both citizens and foreigners to extract gemstones under dangerous conditions. In June authorities disrupted a gemstone-trafficking network involving 10 persons, several of whom were foreigners illegally present in the country.

The Ministry of Labor is responsible for enforcing the minimum wage rates in the private sector, and the Ministry of Finance does so in the public sector. The ministries usually investigated violations of minimum wage rates only after workers submitted a complaint.

The Ministry of Labor did not effectively enforce minimum wage, hours of work, and OSH standards in the informal economy, since the Ministry of Labor only regulates the formal sector. Penalties for conviction were not commensurate with those for similar offenses. The number of labor inspectors was not sufficient to enforce compliance. Agricultural workers were among the most vulnerable to poor work conditions and wage theft. The lack of frequent and enforced sanctions for violations created little deterrence for violations. Despite the relatively low number of inspectors, some businesses reported frequent visits by labor inspectors citing capricious violations and threats of fines in order to receive bribes.

The law provides for the right to form and join independent trade unions, conduct legal strikes, and bargain collectively; however, the law prohibits workers in certain sectors, such as police, military, and corrections, from joining unions. The law prohibits antiunion discrimination.

Except for workers providing designated essential services such as public health and safety, workers may strike once mandatory conciliation procedures lasting 30 days are exhausted and 48 hours’ notice is given to the employer and the labor commissioner. Workers may take strike actions only in disputes involving specific worker interests, such as pay raises.

Worker rights disputes, including dismissals, must first be submitted to the labor commissioner for conciliation, followed by a more formal arbitration process if conciliation is unsuccessful. The parties have the right to appeal the arbitrator’s findings in labor court. Administrative and judicial procedures were subject to lengthy delays. The law provides for conciliation and arbitration to resolve labor disputes more quickly, although both employers and unions publicly questioned the system’s effectiveness. The law prohibits unfair dismissal of workers engaged in legal strikes, specifically prohibits employer retaliation against both union organizers and striking workers, and provides for reinstatement for workers dismissed for union activity provided the workers’ actions at the time were not in violation of other law.

The law provides employees with the right to bargain individually or collectively and provides for recognition of the exclusive collective bargaining power of a union when more than half of workers are members of that union. The law covers all formal-sector workers, including migrants, nonessential public-sector workers, domestic workers, and those in export-processing zones. The law on collective bargaining does not cover the informal sector.

The government effectively enforced applicable labor law in the formal sector, and penalties were commensurate with those for similar crimes. Inspection was insufficient to enforce compliance in the informal sector. Aside from mediation efforts, the government was not directly involved in union activities. The government and employers generally respected freedom of association, and workers exercised this right. Employers also did not appear to interfere in union activities.

Collective bargaining was practiced widely in the mining, construction, agriculture, and public sectors. Almost all collective bargaining was at the workplace and company level. Employers respected the collective bargaining process. Employees exercised their legal rights. For example, employees of the Chinese-owned Rossing Uranium Mine threatened to strike during the year because of wage disputes and allegations that management jobs were unlawfully filled by foreigners.

Employers may apply to the Ministry of Labor, Industrial Relations, and Employment Creation for an exemption from certain provisions if they are able to prove workers’ rights are protected, but very few employers pursued this option.

The law prohibits all forms of forced or compulsory labor, including by children. The government effectively enforced the law in the formal sector, and criminal penalties were commensurate with those for analogous serious crimes. The government investigated allegations of forced or compulsory labor and found no prosecutable cases. Resources, inspections, and remediation were inadequate. Penalties for conviction of violations have not been applied under the trafficking act.

By law seamen may be sentenced to imprisonment with labor for breaches of discipline, a provision that the International Labor Organization criticized as forced labor. The Namibia Food and Allied Workers Union confirmed that the law has never been applied.

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

The law prohibits all the worst forms of child labor. The minimum age for employment is 14. Children younger than age 18 may not engage in hazardous work, including work between the hours of 8 p.m. and 7 a.m., underground work, mining, construction work, in facilities where goods are manufactured or electricity is generated, transformed, or distributed, or where machinery is installed or dismantled. Prohibitions on hazardous work by children in agriculture are not comprehensive. Children ages 16 and 17 may perform hazardous work subject to approval by the Ministry of Labor, Industrial Relations, and Employment Creation and restrictions outlined in the law. Criminal penalties are commensurate with those for analogous serious crimes, such as kidnapping.

The government effectively enforced the law. Gender-based violence protection units enforced child labor law in cooperation with the Ministry of Labor, Industrial Relations, and Employment Creation. The ministry made special provisions in its labor inspections to look for underage workers, although budget constraints limited the number of inspectors. The government trained all inspectors to identify the worst forms of child labor. Where child labor was reported, labor inspections were conducted regularly.

Children worked herding goats and sheep on communal farms owned by their families. Children also worked as child minders or domestic servants and in family businesses, including informal “businesses” such as begging or street hawking. NGOs reported rising commercial sexual exploitation of girls, particularly in cities and in transit corridors (see section 6).

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

The law prohibits discrimination in employment and occupation based on race, sex, religion, political opinion, national origin, citizenship, pregnancy, family responsibility, disability, age, language, social status, and HIV-positive status. The law requires equal pay for equal work. The law does not specifically address employment discrimination based on sexual or gender orientation.

Refugees and legal immigrants with work permits enjoy the same legal protections, wages, and working conditions as citizens.

The Ministry of Labor, Industrial Relations, and Employment Creation and the Employment Equity Commission are both responsible for addressing complaints of employment discrimination.

The government inconsistently enforced the law. Penalties are commensurate with those of similar laws but were seldom applied. Discrimination in employment and occupation occurred with respect to gender, most frequently in the mining and construction industries. Men occupied approximately two-thirds of upper management positions in both the private and public sectors. Indigenous and marginalized groups sometimes faced discrimination in employment involving unskilled labor. Persons with disabilities faced discrimination in employment and access to the workspace.

e. Acceptable Conditions of Work

Although various sectors have a minimum wage, there is no national minimum wage law that applies across all sectors. Nevertheless, all sector-specific minimum wage rates are applied nationally and were above the poverty line. Unions and employers negotiated industry-specific minimum wages under Ministry of Labor, Industrial Relations, and Employment Creation mediation.

The standard legal workweek was 45 hours, with at least 36 consecutive hours of rest between workweeks. By law an employer may not require more than 10 hours’ overtime work per week and must pay premium pay for overtime work. The law mandates 20 workdays of annual leave per year for those working a five-day workweek and 24 workdays of annual leave per year for those working a six-day workweek. The law also requires employees receive paid time off for government holidays, five days of compassionate leave per year, at least 30 workdays of sick leave during a three-year period, and three months of maternity leave paid by the employer and the Social Security Commission.

The Ministry of Labor, Industrial Relations, and Employment Creation mandates occupational safety and health (OSH) standards, and the law empowers authorities to enforce these standards through unannounced inspections and criminal prosecution. The law requires employers to provide for the health, safety, and welfare of their employees; the responsibility for identifying unsafe situations remains with OSH experts and not the worker. The law covers all employers and employees in the country, including the informal sector and individuals placed by a private employment agency (labor hire), except independent contractors and members of the NDF, the Namibia Central Intelligence Service, the Namibian Correctional Service, and police. By law employees have the right to remove themselves from dangerous work situations, and authorities effectively protected employees in such situations.

The government enforced wage, hour, and safety standards laws in the formal sector but did not consistently enforce labor law in the informal sector, which included an estimated 57 percent of workers. Penalties are commensurate with those for similar violations, but they were seldom applied in the informal sector. Resources to enforce the law were limited, and the number of inspectors was insufficient to address violations. Inspections occurred proactively, reactively, and at random. Due to the ministry’s resource constraints in vehicles, budget, and personnel, as well as difficulty in gaining access to some large communal and commercial farms and private households, labor inspectors sometimes found it difficult to investigate possible violations. The Namibian Employers’ Federation reported that the most prominent offenses concerning employee rights and working conditions were in the informal sector, including for domestic workers, street hawkers, and employees in the common informal bars known as shebeens.

Workers in the construction, agriculture, and mining sectors faced hazardous working conditions. There was one report of a fatal industrial accident. On November 19, an employee of Dundee Precious Metals Inc. was killed while conducting maintenance activities.

Allegations persisted that, in addition to not adhering to the law on hiring and firing, Chinese firms failed to pay sector-established minimum wages and benefits in certain industries, failed to respect work-hour regulations for public holidays and Sundays, and ignored OSH standards, for example, by requiring construction workers to sleep on site.

The law provides for the right of workers to form and join unions of their choice, except those organizations deemed by the government to be subversive or seditious. Freedom of association extends to workers in both the formal and informal sectors. Noncitizens cannot be elected as trade union officials. Local workers have the right to strike and bargain collectively, except for employees in essential services, including public transportation, banking, security, and health care. The law prohibits workers from striking in any special economic zone. The government is planning 14 special economic zones. One special economic zone in Bhairahawa is operating and one in Simara is nearing completion, both are in the portion of the country near the Indian border. Members of the armed forces, police, and government officials at the undersecretary level or higher also are prohibited from taking part in union activities. In the private sector, employees in managerial positions are not permitted to join unions.

The law stipulates that unions must represent at least 25 percent of workers in a given workplace to be considered representative. The minimum requirement does not prohibit the formation of unofficial union groups, which under certain conditions may call strikes and enter into direct negotiation with the government. Workers in the informal sector may also form unions, but many workers were not aware of these rights. The government effectively enforced applicable laws and penalties were commensurate with those for other laws involving denials of civil rights such as discrimination. Implementation in the private and informal sectors, however, remains a challenge. On October 15, the government established a labor court to address violations of labor laws and other issues related to labor.

The law also protects union representatives from adverse legal action arising from their official union duties, including collective bargaining, and prohibits antiunion discrimination. Workers dismissed for engaging in union activities can seek reinstatement by filing a complaint in labor court or with the Department of Labor, which has semijudicial and mediation authority. Most cases are settled through mediation. By law employers can fire workers only under limited conditions and only after three instances of misconduct. The law stipulates that participation in a strike that does not meet legal requirements constitutes misconduct, for which the consequences are suspension or termination of employment.

To conduct a legal strike, 51 percent of a union’s membership must vote in favor in a secret ballot, and unions are required to give 30 days’ notice before striking. If the union is unregistered, does not have majority support, or calls a strike prior to issuing 30 days’ notice, the strike is considered illegal.

Freedom of association and the right to collective bargaining were generally respected. Although the government restricted strikes in essential services, workers in hospitals, education services, and the transportation sector occasionally called strikes during the year and did not face any legal penalties. Many unions had links to political parties and did not operate independently from them but worked effectively to advance the rights of workers. The government did not interfere in the functioning of workers’ organizations or threaten union leaders.

The law prohibits all forms of forced or compulsory labor. The law does not criminalize the recruitment, transportation, harboring, or receipt of persons by force, fraud, or coercion for the purpose of forced labor. The government did not effectively enforce the law and the country continued to be a source, transit, and destination for men, women, and children who were subjected to forced labor. Kamlari is one such form of slavery outlawed in 2013 in which girls as young as four years and women across all age groups are forced to work as bonded laborers in the houses of the rich landlords. Although it is illegal, the government did not provided support for these newly freed women to reintegrate them adequately into society, such as financial assistance or educational opportunities. A number of nonprofit organizations focused on the country’s border with India, where human trafficking was still a problem, to help women and children who were at a higher risk of human trafficking and slavery.

Government enforcement of the laws against bonded labor was uneven, and social reintegration of victims remained difficult. Resources, inspections, and remediation were inadequate. The government did not effectively screen for labor trafficking among abused migrant workers and handled such cases administratively in lieu of criminal investigation. In addition, despite reports of worker exploitation, including trafficking, and illegal recruitment fees charged by recruitment agencies, the government did not sufficiently investigate agencies for violations. The penalties for violating laws against bonded labor involve fines and compensation to victims, with no imprisonment, and therefore are not commensurate with those for other serious crimes, such as kidnapping. Labor trafficking is prosecuted as a criminal offense under the Trafficking in Persons law and the punishments are commensurate with other serious crimes.

Forced labor, including through debt-based bondage, of adults and children existed in agriculture, brick kilns, the stone-breaking industry, and domestic work. A government study documented more than 61,000 individuals–including approximately 10,000 children–in forced labor over the past five years, especially in agriculture, forestry, and construction. NGOs continued to report some children worked in brick kilns, including carrying loads, preparing bricks, and performing other tasks at kilns for extended periods.

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

The law establishes 15 as the minimum age for work and 17 as the minimum age for hazardous work, and it defines and mandates acceptable working conditions for children. The minimum age for hazardous work is not consistent with international standards because it does not prohibit children age 17 from engaging in hazardous work. The types of hazardous work prohibited for children also do not include brickmaking, a sector in which there is evidence that work involves carrying heavy loads and being exposed to hazardous substances. Employers must maintain separate records of laborers between the ages of 14 and 17. The law prohibits employment of children in factories, mines, and 60 other categories of hazardous work and limits children between the ages of 16 and 17 to a 36-hour workweek (six hours a day between 6 a.m. and 6 p.m., six days a week).

There was little progress in the devolution of power of the labor inspectorate. Labor law enforcement remained centralized and the number of labor inspectors at the provincial levels remained inadequate. The Department of Labor, which is responsible for enforcing child labor laws and practices, did not effectively do so. The Department of Labor conducted most of its labor inspections in the formal sector while nearly all child labor occurred in the informal sector. The Department had 14 factory inspector positions in district labor offices and two senior factory inspector positions in Kathmandu. Chronic vacancies in these positions, however, limited the department’s effectiveness. Some of these positions were vacant due to regular rotation of civil servants, and resources devoted to enforcement were limited. Although labor inspectors periodically received training on child labor laws and inspection, this training did not necessarily adhere to any formal schedule. A broad range of laws and policies were designed to combat and eventually eliminate child labor. Penalties were sufficient to deter violations and were commensurate with those for other analogous serious crimes, such as kidnapping.

COVID-19 had a serious impact on child poverty where children have been bearing the burden of poverty disproportionately. The number of children living in poverty rose from an estimated 1.3 million before the pandemic to approximately seven million in August. A lack of education and healthcare resources led to increases in child labor. Paternal disability or death, among the strongest observable predictors of engagement in the worst forms of child labor, increased during the pandemic.

Child labor, including forced child labor, occurred in agriculture, domestic service, portering, recycling, and transportation; the worst abuses were reported in brick kilns, the stone-breaking industry, the carpet sector, embroidery factories, and the entertainment sector. In the informal sector, children worked long hours in unhealthy environments, carried heavy loads, were at risk of sexual exploitation, and at times suffered from numerous health problems (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 .

The constitution prohibits discrimination on the basis of religion, race, sex, caste, tribe, geographical or social origin, language, marital status, physical or health condition, disability, or ideological conviction. Labor regulations prohibit discrimination in payment or remuneration based on gender. Penalties were commensurate to laws related to civil rights.

There are no provisions in the constitution, law, or regulations prohibiting discrimination, including labor discrimination, or discrimination based on color, age, national origin or citizenship, HIV-positive status, or other communicable disease. The 2017 ban on domestic work in Gulf countries for Nepali women under 30 was intended to protect them from exploitation and violence; however, the ban caused many young women to seek illegal routes, which placed them at higher risk of trafficking and violence.

Despite constitutional and legal protections, discrimination in employment and occupation occurred with respect to gender, caste, ethnicity, national origin, citizenship, disability, religion, sexual orientation and gender identity, and HIV-positive status. Such discrimination was most common in the informal sector, where monitoring by the government and human rights organizations was weak or absent and those in disadvantaged categories had little leverage or recourse. In the formal sector, labor discrimination generally took the form of upper-caste men without disabilities being favored in hiring, promotions, and transfers.

To be eligible for government jobs, Nepali national origin or citizenship is mandatory.

According to the Ministry of Women, Children, and Senior Citizens and to disability rights advocates, the overall rate of employment of persons with disabilities did not increase significantly. In the private sector, large numbers of persons with disabilities claimed they were denied work opportunities or dismissed due to their conditions. In all sectors employees with disabilities reported other forms of discriminatory treatment.

According to the Nepal National Dalit Social Welfare Organization, the government made little progress in implementing antidiscrimination legal provisions to assure employment opportunities for lower-caste individuals in both the public and private sectors. There was no comprehensive data on this abuse.

Structural barriers and discrimination forced Dalits to continue low-income and dehumanizing employment, such as manual scavenging, disposing of dead animals, digging graves, or making leather products.

For every 100 employed men, there were only 59 employed women, and the average monthly income for women was 5,834 rupees ($49) less than what men earn. The unequal gender division of labor has long been identified as a factor causing inequality with direct links to lower income, education, and access to medical services for women. A heavy domestic workload aggravated by the COVID-19 crisis could leave women and girls further behind.

Reliable data on discrimination against LGBTI persons in various sectors was not available, but activists reported it was common for gender and sexual minorities to be denied promotions and competitive opportunities within the security services and athletics.

e. Acceptable Conditions of Work

The minimum wage exceeded the official poverty line but it was minimally sufficient to meet subsistence needs.

Minimum-wage laws apply to both the formal sector (which accounted for approximately 10 percent of the workforce) and the informal sector, but implementation was stronger in the formal sector.

The law stipulates a 48-hour workweek, with one day off per week and one-half hour of rest per five hours worked. The law limits overtime to no more than four hours in a day and 20 hours per week, with a 50 percent overtime premium per hour. Excessive compulsory overtime is prohibited. Employees are also entitled to paid public holiday leave, sick leave, annual leave, maternity leave, bereavement leave, and other special leave. The law provides adequate occupational health and safety standards and establishes other benefits, such as a provident fund, housing facilities, day-care arrangements for establishments with more than 50 female workers, and maternity benefits.

The Ministry of Labor, Employment, and Social Security reported that most factories in the formal sector complied with laws on minimum wage and hours of work, but implementation varied in the informal sector, including in agriculture and domestic servitude. The ministry did not employ a sufficient number of inspectors to enforce the wage and hour laws or the occupational health and safety laws. The government did not effectively enforce the law. Penalties for violations of minimum wage and overtime laws were commensurate with those for similar crimes, such as fraud.

Implementation and enforcement of occupational health and safety standards were minimal, and the Ministry of Labor, Employment, and Social Security considered it the most neglected area of labor law enforcement. The ministry found violations across sectors, including in construction, mining, transportation, agriculture, and factory work.

The government had not created the necessary regulatory or administrative structures to enforce occupational safety and health provisions. The Ministry of Labor, Employment, and Social Security did not have a specific office dedicated to occupational safety and health, nor did it have inspectors specifically trained in this area. Although the law authorizes factory inspectors to order employers to rectify unsafe conditions, enforcement of safety standards remained minimal, and monitoring was weak. Accurate data on workplace fatalities and accidents was not available. Labor law and regulations do not specify that workers can remove themselves from situations that endanger health or safety without jeopardizing their employment.

The government regulated labor contracting, or “manpower,” agencies recruiting workers for overseas jobs, and penalized fraudulent recruitment practices. The government declared it remained committed to the free-visa, free-ticket scheme introduced in 2015, but according to migrant rights NGOs, the government failed to implement the policy effectively. Some government officials were complicit in falsifying travel documents and overlooking recruiting violations by labor contractors. The Department of Foreign Employment introduced measures to reduce the number of registered manpower agencies and more closely scrutinize their activities. The myriad unregistered and unregulated labor “brokers” and intermediaries, who were often trusted members of the community, complicated effective monitoring of recruitment practices. Workers were also encouraged to register and pay a fee to the Foreign Employment Board, which tracked migrant workers and provided some compensation for workers whose rights were violated. The suspension of international flights and the economic impact of COVID-19 prevented workers from traveling for a significant portion of the year and made it difficult to evaluate the impact of any measures.

The government required contracts for workers going abroad to be translated into Nepali and instituted provisions whereby workers must attend a predeparture orientation program. During the orientation workers are made aware of their rights and legal recourse, should their rights be violated. The effectiveness of the initiatives remained questionable since workers who went overseas often skipped the mandatory training, and many companies issued predeparture orientation certificates for a small fee and failed to deliver the training. Migrant workers heading abroad often continued to face exploitive conditions.

According to the International Labor Organization, more than 70 percent of the economically active population was involved in the informal economy.

The law provides for protection of workers from work situations that endanger their health and safety, but in small and cottage industries located in small towns and villages, employers sometimes forced workers to work in such situations or risk losing their jobs. The number of labor inspectors was insufficient for the size of the country’s workforce.

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 governments effectively enforced applicable laws. Penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. 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.

Throughout the kingdom the law prohibits all forms of forced or compulsory labor, and the governments 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 commensurate with those for other analogous serious crimes, such as kidnapping.

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 an investigation, cases were referred to the Public 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 frontline responders to identify forced labor victims hindered the government’s ability to assist such persons.

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). Refugees and asylum seekers, including unaccompanied children, are vulnerable to labor trafficking.

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

In the Netherlands the law prohibits the worst forms of child labor, and there were no reports of child labor. The government groups children into three age categories 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. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

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.

Labor laws and regulations throughout the kingdom prohibit discrimination in employment and occupation, and the governments effectively enforced the laws. The law applies to all refugees with residency status. Penalties were commensurate to laws related to civil rights, such as election interference.

The NIHR, which covers the Netherlands, Bonaire, Saba, and Sint Eustatius, 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 2019, 49 percent of the cases addressed by the NIHR were cases of possible labor discrimination. For example, NIHR judged that an information technology company discriminated on the grounds of age by soliciting applications in the age category of 25 to 35. It also found a mental health institution guilty of discrimination for not extending a contract of an employee because she became pregnant. 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 requirements for 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 unemployment rate of persons of non-Western background during 2019 was more than twice that of ethnic Dutch, while the unemployment rate among youths with a non-Western background was almost three times higher than among ethnic Dutch youth. The government continued to implement a program–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. The NIHR reported in 2019 at least 37 claims of discrimination in employment related to pregnancy. Female unemployment was higher than male, and female incomes lagged behind those of male counterparts.

There were no reports of labor discrimination cases on Curacao, Aruba, or Sint Maarten.

e. Acceptable Conditions of Work

In the Netherlands the minimum wage for an adult older than 21 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. Penalties were commensurate with those for similar crimes, such as fraud.

In Aruba, Curacao, and Sint Maarten, the monthly minimum wage was considered sufficient to ensure a decent living for workers, according to the three governments.

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 (OSH) standards across all sectors. OSH standards were appropriate for primary 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. These guidelines covered specific concerns, such as ventilation, lighting, hours, and terms of work. The ministries of labor in 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. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. 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.

The law provides for the right of workers to form and join independent unions of their choice without previous authorization or excessive requirements, to bargain collectively, and to conduct legal strikes, with some restrictions. The law prohibits antiunion discrimination. While the law does not require reinstatement of workers dismissed for union activity, courts may order this at their discretion.

Police have the right to freedom of association and the right to organize and bargain collectively, but sworn police officers (including all uniformed and plainclothes police but excluding clerical and support staff) do not have the right to strike or take any form of industrial action.

Contractors are not covered by most employment-related laws (excluding health and safety laws) and cannot join unions, bargain collectively, or conduct strike action.

Workers may strike while negotiating the right to a collective bargaining agreement or over matters of health and safety. Strikes by providers of essential services are subject to certain procedural requirements, including mandatory notice of three to 28 days, depending on the service involved. The list of essential services was broader than international standards on the definition of essential services.

To bargain collectively, unions must be registered, independent, governed by democratic rules, and have a minimum of 15 members. Unions may not bargain collectively on social or political issues.

The government respected these rights and effectively enforced applicable laws without lengthy delays. The law provides penalties for violations of freedom of association or collective bargaining protections and includes fines commensurate with similar crimes. Cases were occasionally referred to the civil employment court.

The law prohibits and criminalizes all forms of forced labor. The government’s efforts to enforce the law were not always effective. Penalties were commensurate with similar crimes. Fines can be imposed for labor violations that may be indicators of forced labor such as underpayment of wages and excessively long working hours. The government continued to pursue convictions under forced labor and trafficking laws. It did not initiate any new trafficking prosecutions but secured two trafficking convictions within the reporting period.

In July Joseph Matamata, a horticultural contractor, was sentenced to 11 years’ imprisonment after being found guilty of slavery and trafficking-in-persons charges in a case with 13 identified victims. Both the government and Matamata signaled they would appeal the sentence. Although this represents the longest term of imprisonment sentenced under the trafficking statute, the government claimed the judge’s sentence was “manifestly inadequate” and that it would appeal on the basis that the judge failed to impose a nonparole period of half the prison sentence. Matamata’s appeal will question whether the terms “slavery” and “human trafficking” were correctly defined during the five-week trial. A date for the review in the Court of Appeal has not yet been set.

Recruitment agencies that recruit workers from abroad must utilize a licensed immigration adviser. The Immigration Advisers Authority, an independent body, promotes and protects the interests of individuals receiving immigration advice. It licenses individuals deemed fit and competent to give immigration advice; maintains standards and a code of conduct for immigration advisers; investigates individuals giving immigration advice without a license; and receives complaints from persons who received poor immigration advice.

The government continued partnerships with foreign governments during the year to better monitor and regulate the recruitment of foreign migrant workers. According to the government, the aim of these partnerships was to reduce the risk of exploitation by providing better information to employers on recruitment and compliance.

Media reports during the year suggested migrant workers were vulnerable to forced labor in sectors including horticulture, retail, agriculture, construction, hospitality, and domestic service. Reports stated that some migrant workers from India, Bangladesh, and China, among other countries, were charged excessive and escalating recruitment fees, experienced unjustified salary deductions, nonpayment or underpayment of wages, excessively long working hours, and restrictions on their movement. Some had their passports confiscated and contracts altered improperly. Victims were often deterred from filing complaints out of fear of jeopardizing their visa status.

In July the government stated that COVID-19 travel restrictions, which prevented many migrant workers in the country from returning home, had made migrant workers vulnerable to workplace exploitation, including forced labor.

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

The law prohibits the worst forms of child labor and provides for a minimum age of employment, limitations on working hours, and occupational safety and health restrictions for children. By law children younger than 16 may not work between 10 p.m. and 6 a.m. The law also states that children enrolled in school may not work, even outside school hours, if such employment would interfere with their education. The law bans employment of children younger than 15 in specific hazardous industries such as manufacturing, mining, and forestry.

Small numbers of children ages 16 to 18 worked in hazardous situations, such as in agriculture: The law requires them to be fully trained. Children younger than 15 cannot drive a tractor or large vehicle, except children working in agriculture if they are older than 12 and are fully trained or are being trained, or if they live on the property. Concerns remained about the commercial sexual exploitation of children (see section 6, Children).

Government inspectors effectively enforced these laws. The law outlines prison sentencing guidelines and fines for the most serious offenses. Penalties were commensurate with similar crimes.

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 Cook Islands, Niue, and Tokelau.

The law prohibits discrimination with respect to employment and occupation on the grounds of age, sex (gender) or sexual orientation; marital or relationship status; religious or ethical beliefs; skin color, race, ethnicity or country of origin; disability, impairment or illness; political opinions; and employment status. The government effectively enforced these prohibitions, and penalties were commensurate with laws related to civil rights.

The Human Rights Commission has an equal opportunity employment team that focuses on workplace gender-related problems. This team regularly surveyed pay scales, conducted a census of women in leadership roles, and engaged public and private employers to promote compensation equality. The Office of Ethnic Affairs continued to take measures to promote ethnic diversity in occupation and employment.

According to the New Zealand Council of Trade Unions (NZCTU), Maori and Pacific Island persons–and Maori and Pacific Island women in particular–remained disadvantaged compared with the general population in terms of conditions of employment and wages. According to the NZCTU, across all sectors, the female-male gender pay imbalance in late 2019 was minus 12 per cent for the population as a whole, minus 22 per cent for Maori women, and minus 25.5 per cent for Pacific Island women.

e. Acceptable Conditions of Work

The minimum hourly wage was above the amount–60 percent of the median household income–that researchers frequently used as an unofficial poverty level.

The law provides that work hours should be set in collective or individual agreements between employers and employees. Although a 40-hour workweek is traditional, employer and employees may contractually agree to a workweek of more than 40 hours. Labor regulations do not define an absolute maximum number of overtime hours.

The government proactively investigated labor conditions. In cases of noncompliance with labor law, inspectors levied fines, required restitution of wages to workers, and revoked licenses of offenders. The Ministry of Business, Innovation, and Employment enforces laws governing working conditions, including wages and hours. The number of inspectors was sufficient to deter violations. In particular, employers who have breached minimum employment standards with regard to vulnerable migrant workers face a set “stand-down” period where they lose the ability to support migrant visa applications. As of October, 45 companies or employers were on the stand-down list.

Extensive laws and regulations govern health and safety issues. Employers are obliged to provide a safe and healthy work environment, and have primary responsibility for individual’s health and safety at work. The government requires employers to provide health insurance for their seasonal workers. The law allows workers to refuse to perform work likely to cause serious harm and permits legal recourse if the worker believes an employer penalized them as a result.

Inspectors from WorkSafe, the country’s official workplace safety agency, effectively enforced safety and health rules in all sectors including the informal economy, and they have the power to shut down equipment if necessary. WorkSafe reported that 75 percent of surveyed employers changed their workplace practices following its inspections. Convictions for violations of the occupational health and safety law as well as for violations of the wages and hours law can result in fines, deportation of noncitizens, or imprisonment. These penalties are commensurate with similar violations.

As of October the country had 40 workplace-related fatalities; in 2019 there were 108. In late 2019, after WorkSafe started to include police, boating, transport, and aviation data in their analyses, the historical number of annual workplace fatalities rose sharply. The most dangerous sectors were categorized by WorkSafe as “arts and recreation” followed by “agriculture.” Consequently, WorkSafe revised the focus of its investigations so that transport, warehousing, construction, agriculture, forestry, fishing, and postal work are now identified as the country’s most dangerous sectors.

The constitution and law provide for the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. The law provides for freedom of association, but the government had not adopted implementing regulations to enforce the law. While there were no provisions that limit collective bargaining in nonessential services, provisions restrict certain categories of public servants not engaged in the administration of the government from exercising their right to collective bargaining. Children ages 14 to 15 are permitted to work (although there are limits on the hours and type of work) but are not permitted to join unions.

The right to strike excludes police and other security forces. The law restricts the right to strike by public servants in management positions and workers in certain “essential services,” the scope of which was broader than that envisioned in International Labor Organization conventions. The law defines strategic and essential services that require minimum service during a strike, including telecommunications, health, government media, water supply, electricity distribution, fuel distribution, air traffic control, financial services, public transportation, garbage collection, and government authority services. Legal restrictions usually involve requiring civil servants to report to work during a legally notified strike. There are no prohibitions on strikes in nonessential services. Workers must give employers at least three days’ advance notice of intent to strike. The government may call for mandatory arbitration in lieu of a strike.

The law allows unions to conduct their activities without interference. The law prohibits antiunion discrimination and provides for penalties but does not require reinstatement for workers dismissed for union activity. There are limitations on the law’s applicability to public service employees, however.

Government application of laws in the public and private sectors varied, but the law was largely enforced. Penalties for violations include imprisonment and fines; these penalties were generally commensurate with those for other laws involving violations of civil rights.

The law applies to the large informal sector, which accounted for most economic activity, but the government did not effectively enforce the law in informal workplaces, particularly in rural areas. The informal sector featured some unions. For example, Marche Katako, a large informal market in Niamey, had its own union, the Union for Katako Tradespersons.

Authorities generally respected freedom of association, the right to strike, and the right to collective bargaining, and workers exercised these rights. For example, the tradespersons and storeowners in several markets throughout the country staged unobstructed strikes at times during the year to protest new taxes and high energy costs. Unions exercised the right to bargain collectively for wages above the legal minimum and for more favorable working conditions.

The law criminalizes all forms of forced labor, including slavery, practices similar to slavery, and exploitative begging. The government did not effectively enforce these laws, however. The law establishes penalties for forced labor that are commensurate with those for analogous serious crimes, but the penalties were largely unenforced.

The government, particularly the Ministry of Interior and the Ministry of Labor and Civil Service, made efforts to reach out to administrative heads and religious and traditional chiefs to discourage forced labor, especially traditional slavery. In February the High Court reaffirmed the illegality of wahaya, the traditional practice of selling girls as young as seven into forced marriages, which also perpetuates hereditary slavery. Enforcement of the law, however, was sporadic and ineffective, particularly outside the capital.

Forced labor remained a problem, especially in domestic work and agriculture. A 2016 study conducted by the National Institute of Statistics, in collaboration with the Ministry of Justice, concluded that victims of forced labor were characteristically young (age 17 on average) and predominantly male (62.5 percent), although adult victims were also identified. The study found poverty and associated misery and unacceptable living conditions to explain why victims accepted offers that put them into forced labor situations.

The Tuareg, Zarma, Fulani, Toubou, and Arab ethnic minorities throughout the country, particularly in remote northern and western regions and along the border with Nigeria, practiced a traditional form of caste-based servitude or bonded labor. Persons born into a traditionally subordinate caste or descent-based slavery sometimes worked without pay for those above them in the social order. Such persons were forced to work without pay for their masters throughout their lives, primarily herding cattle, working on farmland, or working as domestic servants. Estimates of the numbers of persons involved in traditional slavery varied widely.

Forced child labor occurred. Thousands of boys as young as four and largely from poor, rural families were forced to beg on city streets in lieu of payment of fees for religious education. Girls from poor rural families were sometimes forced into domestic servitude (see section 7.c.). In Zarma/Songhai communities, social stigma against descendants of hereditary slaves interfered with their right to marry freely, own property, practice independent farming or other economic activity, and participate in politics.

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

The law prohibits the use of child labor and the employment of children younger than 14. The law, however, does not apply to types of employment or work performed by children outside an enterprise, such as self-employment or in the informal sector. Children age 12 or 13 may perform nonindustrial light work for a maximum of two hours per day outside of school hours with a labor inspector’s authorization, as long as such work does not impede their schooling. Light work is defined as including some forms of domestic work, fruit picking and sorting, and other nonindustrial labor. Children may not perform work that requires force greater than their strength, may damage their health or development, is risky, or is likely to undermine their morals.

The government did not effectively enforce the law, in part due to an insufficient number of child labor inspectors in the Ministry of Labor and Civil Service. Penalties for violations include fines and imprisonment, but these were not commensurate with those for analogous serious crimes. The laws rarely were applied to work performed by children in the nonindustrial and informal sector. The government worked with international partners to provide relevant education as an inducement to parents to keep their children in school.

Child labor was prevalent, with children as young as five engaged in labor. Most rural children regularly worked with their families from an early age, helping in the fields, pounding grain, tending animals, gathering firewood and water, and doing similar tasks. Some families kept children out of school to work or beg. Children were also forced into prostitution and domestic servitude, artisanal mining, and forced criminality.

There were reports that loosely organized clandestine international networks forced young boys from neighboring countries into manual labor or begging and young girls to work as domestic servants, usually with some degree of consent or complicity of their families.

The practice of forced begging by talibes–Quranic schoolchildren–where some Quranic schoolteachers forced their young male pupils to work as beggars remained widespread, with a degree of complicity from parents.

Child labor occurred in hereditary slavery and largely unregulated artisanal gold-mining operations as well as in trona (a source of sodium carbonate compounds), salt, and gypsum mines. The artisanal gold mines at Komabangou, Tillabery Region, continued to use many children, particularly adolescent boys and some girls, under hazardous health and safety conditions. The use of cyanide in these mines further complicated the health hazards. Komabangou miners, other residents, and human rights groups expressed deep concern regarding poisoning, but the practice remained widespread. Children also performed dangerous tasks in cattle herding. Children, especially boys and girls in the Arab, Zarma, Fulani, Tuareg, and Toubou ethnic minorities, continued to be exploited as slaves and endure conditions of bonded labor, particularly in distant western and northern regions and along the border with Nigeria.

Children born into a traditionally subordinate caste or descent-based slavery became the property of their masters and could be passed from one owner to another as gifts or part of a dowry.

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

The constitution provides for equal access to employment for all citizens. The labor code prohibits discrimination in employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, sickle cell anemia, or other communicable disease. The code prescribes fines for persons engaging in discrimination. The code requires equal pay for equal work and requires firms to provide hiring preferences to persons with disabilities under certain circumstances. The law restricts women from working in occupations deemed dangerous to their health, although these restrictions are not clearly defined.

The government did not effectively enforce the law. The government neither adopted regulations to implement the law nor took actions to prevent or prosecute employment discrimination. The government had inadequate staff to investigate reports of violations, and penalties were not commensurate with those for other violations of civil rights.

Discrimination in employment and occupation occurred with respect to gender and disability. Traditional and religious beliefs resulted in employment discrimination against women. The government requires companies to hire a minimum of 5 percent of individuals with disabilities; however, the government did not enforce the law. Workplace access for persons with disabilities remained a problem. The descendants of hereditary slaves also faced discrimination in employment and occupation.

e. Acceptable Conditions of Work

The labor code establishes a minimum wage only for salaried workers in the formal sector with fixed (contractual) terms of employment. Minimum wages are set for each class and category within the formal economy. The lowest minimum wage was above the official poverty income level.

The formal economy’s legal workweek is 40 hours with a minimum of one 24-hour rest period, although the Ministry of Labor and Civil Service authorized workweeks of up to 72 hours for certain occupations such as private security guards, domestic workers, and drivers. The law provides for paid annual holidays. The law provides special arrangements regarding the mining and oil sectors whereby the Ministry of Labor and Civil Service may grant waivers regarding work hours based on these two sectors’ specific nature and make allowances for working larger blocks of time in exchange for time off. Workers may work for two weeks beyond normal work hours, in compensation for which they are entitled to two weeks’ rest. Employers must provide premium pay for overtime, although the law does not set a specific rate; employees of each enterprise or government agency negotiate with their employer to set the rate. The labor code calls for a maximum eight hours of overtime per week, but this was not enforced. Penalties for wage and hour violations were not commensurate with those for similar crimes, such fraud.

The law establishes occupational safety and health standards, which were current and appropriate for the main industries. It extends labor inspectors’ authority and provides for sanctions, including a mandatory appearance before labor inspectors for resolving labor disputes. By law all workers may remove themselves from situations that endangered health or safety without jeopardy to their employment. Nevertheless, authorities did not effectively protect workers in such situations. The nonunionized subsistence agricultural and small trading sectors, where the law applies but was not enforced, employed approximately 80 percent of the workforce. In the nonunionized informal sector, despite the law, it was unlikely workers could exercise the right to sick leave without jeopardizing their employment.

The Ministry of Labor and Civil Service inconsistently enforced minimum wages and workweek laws and only in the regulated formal economy. The number of inspectors responsible for enforcing the labor code was not sufficient to enforce compliance and monetary sanctions were not commensurate with those for similar crimes. Inspectors have the authority to make unannounced inspections but do not have the authority to initiate sanctions.

Violations of provisions governing wages, overtime, and work conditions reportedly occurred in the petroleum and mining sectors, including at artisanal gold mines, oil fields, and oil refineries. Groups of workers in hazardous or exploitive work conditions included mineworkers, which included children, domestic workers, and persons in traditional slavery. In the artisanal gold-mining sector, the use of cyanide posed serious health hazards for workers and surrounding communities. A significant, but unknown, percentage of the mining workforce worked in the informal sector. The vast majority, however, were employed by large, international firms; labor advocates complained these firms were not transparent regarding work conditions.

Union workers in many cases did not receive information concerning the risks posed by their jobs. The Ministry of Labor and Civil Service responded to reports of work-related accidents and required affected employees be compensated as required by law, the government reported. The ministry does not release data on fatal accidents. Most accidents occurred in the mining sector.

The law provides all workers, except members of the armed forces, the Central Bank of Nigeria, and public employees who are classified in the broad category of “essential services,” the right to form or belong to a trade union or other association, conduct legal strikes, and bargain collectively; some statutory limitations substantially restrict these rights. Trade unions must meet various registration requirements to be legally established. By law a trade union may be registered only if there is no other union already registered in that trade or profession and if it has a minimum of 50 members, a threshold most businesses could not meet. A three-month notice period, starting from the date of publication of an application for registration in the Nigeria Official Gazette, must elapse before a trade union may be registered. If the Ministry of Labor and Employment does not receive objections to registration during the three-month notice period, it must register the union within three months of the expiration of the notice period. If an objection is raised, the ministry has an indefinite period to review and deliberate on the registration. The registrar may refuse registration because a proper objection has been raised or because a purpose of the trade union violates the Trade Union Act or other laws. Each federation must consist of 12 or more affiliated trade unions, and each trade union must be an exclusive member in a single federation.

The law generally does not provide for a union’s ability to conduct its activities without interference from the government. The law narrowly defines what union activities are legal. The minister of labor and employment has broad authority to cancel the registration of worker and employer organizations. The registrar of trade unions has broad powers to review union accounts at any time. In addition the law requires government permission before a trade union may legally affiliate with an international organization.

The law stipulates that every collective agreement on wages be registered with the National Salaries, Income, and Wages Commission, which decides whether the agreement becomes binding. Workers and employers in export-processing zones (EPZs) are subject to the provisions of labor law, the 1992 Nigeria Export Processing Zones Decree, and other laws. Workers in the EPZs may organize and engage in collective bargaining, but there are no explicit provisions providing them the right to organize their administration and activities without interference by the government. The law does not allow worker representatives free access to the EPZs to organize workers, and it prohibits workers from striking for 10 years following the commencement of operations by the employer within a zone. In addition the Nigerian Export Processing Zones Authority, which the federal government created to manage the EPZ program, has exclusive authority to handle the resolution of disputes between employers and employees, thereby limiting the autonomy of the bargaining partners.

The law provides legal restrictions that limit the right to strike. The law requires a majority vote of all registered union members to call a strike. The law limits the right to strike to disputes regarding rights, including those arising from the negotiation, application, interpretation, or implementation of an employment contract or collective agreement, or those arising from a collective and fundamental breach of an employment contract or collective agreement, such as one related to wages and conditions of work. The law prohibits strikes in essential services. The International Labor Organization (ILO), however, stated that government defined “essential services” in an overly broad manner. Essential services included the Central Bank of Nigeria; the Nigerian Security Printing and Minting Company, Ltd.; any corporate body licensed to carry out banking under the Banking Act; postal service; sound broadcasting; telecommunications; maintenance of ports, harbors, docks, or airports; transportation of persons, goods, or livestock by road, rail, sea, or river; road cleaning; and refuse collection. Strike actions, including many in nonessential services, may be subject to a compulsory arbitration procedure leading to a final award, which is binding on the parties concerned.

Strikes based on disputed national economic policy are prohibited. Penalties for conviction of participating in an illegal strike include fines and imprisonment for up to six months.

Workers under collective bargaining agreements may not participate in strikes unless their unions comply with legal requirements, including provisions for mandatory mediation and referral of disputes to the government. Workers may submit labor grievances to the judicial system for review. Laws prohibit workers from forcing persons to join strikes, blocking airports, or obstructing public byways, institutions, or premises of any kind. Persons committing violations are subject to fines and possible prison sentences. The law further restricts the right to strike by making regular payments of union dues conditional on the inclusion of a no-strike clause during the lifetime of a collective agreement. No laws prohibit retribution against strikers and strike leaders, but strikers who believe they are victims of unfair retribution may submit their cases to the Industrial Arbitration Panel with the approval of the Ministry of Labor and Employment. The panel’s decisions are binding on the parties but may be appealed to the National Industrial Court. The arbitration process was cumbersome, time consuming, and ineffective in deterring retribution against strikers. Individuals also have the right to petition the Labor Ministry and may request arbitration from the National Industrial Court.

The law does not prohibit general antiunion discrimination; it only protects unskilled workers. Penalties for violations were not comparable with penalties for similar offenses. The law does not provide for the reinstatement of workers fired for union activity. A large number of alleged cases in antiunion discrimination and obstruction to collective bargaining were reported during the year. Specific acts include denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass repression of union members, and arrests of union members, among others.

In 2013 the ILO ruled that many provisions of the Trade Union Act and the Trade Disputes Act contravened ILO conventions 87 and 98 by limiting freedom of association. While workers exercised some of their rights, the government generally did not effectively enforce the applicable laws. Penalties were not commensurate with those for similar violations. Inflation reduced the deterrence value of many fines established by older laws.

In many cases workers’ fears of negative repercussions inhibited their reporting of antiunion activities. According to labor representatives, police rarely gave permission for public demonstrations and routinely used force to disperse protesters. In Port Harcourt union members were harassed in an effort to silence opposition to the unilateral abolition of the 30,000 naira ($78) monthly national minimum wage. On July 21, the Trade Union Side of the Joint National Public Service Negotiating Council alleged the governor of Rivers State dispatched armed thugs to the National Labor Congress secretariat to vandalize property and abduct the chairperson of the Judiciary Staff Union of Nigeria. The chairman was detained at Government House, dragged to a magistrate court on trumped up offenses, and kidnapped while undergoing trial; his whereabouts remained unknown.

Collective bargaining occurred throughout the public sector and the organized private sector but remained restricted in some parts of the private sector, particularly in banking and telecommunications. According to the International Trade Union Confederation, the government and some private-sector employers occasionally failed to honor their collective agreements.

The law prohibits most forms of forced or compulsory labor, including by children, except compulsory prison labor. Criminal penalties were commensurate with those for similar crimes but were seldom appropriately enforced. The government did not effectively enforce these laws in many parts of the country. The government took steps to identify or eliminate forced labor, but insufficient resources and lack of training on such laws hampered efforts.

Forced labor remained with reports of women and girls subjected to forced labor in domestic service, and boys subjected to forced labor in street vending, domestic service, mining, stone quarrying, agriculture, and begging.

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

The government does not prohibit all of the worst forms of child labor. Penalties were not commensurate with those for similar crimes. Child labor was prevalent, especially in the informal sector.

By law age 12 is the general minimum age for employment. Persons younger than age 14 may be employed only on a daily basis, must receive the day’s wages at the end of each workday, and must be able to return each night to their parents’ or guardian’s residence. By law these regulations do not apply to domestic service. The law also provides exceptions for light work in agriculture and horticulture if the employer is a family member. No person younger than age 16 may work underground, in machine work, or on a public holiday. No “young person,” defined as a person younger than age 18 by the Labor Act, may be employed in any job that is injurious to health, dangerous, or immoral. For industrial work and work on vessels where a family member is not employed, the minimum work age is 15, consistent with the age for completing educational requirements. The law states children may not be employed in agricultural or domestic work for more than eight hours per day. Apprenticeship of youths older than age 12 is allowed in skilled trades or as domestic servants.

The Labor Ministry dealt specifically with child labor problems but mainly conducted inspections in the formal business sector, where the incidence of child labor reportedly was not significant. The NAPTIP has some responsibility for enforcing child labor laws, although it primarily rehabilitates trafficking and child labor victims. Victims or their guardians rarely complained due to intimidation and fear of losing their jobs.

The government’s child labor policy focused on intervention, advocacy, sensitization, legislation, withdrawal of children from potentially harmful labor situations, and rehabilitation and education of children following withdrawal. In an effort to withdraw children from the worst forms of child labor, the government operated vocational training centers with NGOs around the country. The Labor Ministry confirmed that 2,996 children were removed from child labor during the year. Despite the policy and action plan, children largely were not adequately protected due to weak enforcement of the law and gaps in coverage.

Children engaged in the worst forms of child labor identified in the country including: commercial agriculture and hazardous farm work (cocoa, cassava); street hawking; exploitative cottage industries such as iron and other metal works; hazardous mechanical workshops; exploitative and hazardous domestic work; commercial fishing; exploitative and hazardous pastoral and herding activities; construction; transportation; mining and quarrying; prostitution and pornography; forced and compulsory labor and debt bondage; forced participation in violence, criminal activity, and ethnic, religious, and political conflicts; and involvement in drug peddling.

Many children worked as beggars, street peddlers, and domestic servants in urban areas. Children also worked in the agricultural sector and in mines. Boys were forced to work as laborers on farms, in restaurants, for small businesses, and in granite mines, as well as street peddlers and beggars. Girls worked involuntarily as domestic servants and street peddlers.

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

The law does not prohibit discrimination in employment and occupation based on race, sex, religion, political opinion, gender, language, sexual orientation, gender identity, age, HIV-positive status, or social status. The government did not effectively address discrimination in employment or occupation except in the area of discrimination against persons with disabilities. Penalties were not commensurate with those for similar violations. Gender-based discrimination in employment and occupation occurred (see section 6, Women). Women are legally barred from particular fields of employment, such as mining. Women often experienced discrimination due to traditional and religious practices. Police regulations provide for special recruitment requirements and conditions of service applying to women, particularly the criteria and provisions relating to pregnancy and marital status.

In January 2019 the government adopted the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, which prohibits discrimination against persons with disabilities, giving them the right to education without discrimination or segregation; the right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labor market and work environment that is open. The act further provides that “all employers of labor in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 percent of their employment.”

NGOs expressed concern regarding discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and salary equity. According to credible reports, many businesses implemented a “get pregnant, get fired” policy. Women remained underrepresented in the formal sector where labor protections and higher wages applied. Women did not receive equal pay for equal work and often encountered difficulty in acquiring commercial credit or obtaining tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination. Several states had laws mandating equal opportunity for women.

Employers frequently discriminated against persons with HIV and AIDs. The government spoke out in opposition to such discrimination, calling it a violation of the fundamental right to work.

e. Acceptable Conditions of Work

In April 2019 President Buhari signed legislation increasing the legal national monthly minimum wage. The minimum wage was not higher than the poverty income level. Trade unions protested the failure of the new minimum wage to keep up with inflation. Employers with fewer than 50 employees are exempt from this minimum, and the large majority of workers were not covered. Government enforcement of the minimum wage, particularly by state governments, remained sporadic despite workers’ protests and warning strikes. For example, on December 23, the Academic Staff Union of Universities (ASUU) conditionally suspended its nine-month strike (the country’s longest strike since 1999) in protest of the government’s nonpayment of salaries of ASUU members and failure to revitalize public-sector universities.

The law mandates a 40-hour workweek, two to four weeks of annual leave, and overtime and holiday pay, except for agricultural and domestic workers. The law does not define premium pay or overtime. The law prohibits excessive compulsory overtime for civilian government employees. Penalties for wage and hour violations were not commensurate with those for similar violations.

The law establishes appropriate health and safety provisions. The law requires employers to compensate injured workers and dependent survivors of workers killed in industrial accidents. The law provides for the protection of factory employees in hazardous situations. The law does not provide other nonfactory workers with similar protections. The law applies to legal foreign workers, but not all companies respected these laws. Penalties were not commensurate with those for similar violations. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

The Ministry of Labor and Employment is responsible for enforcing these standards. The ministry did not effectively enforce occupational health and safety law and did not have a sufficient number of inspectors to enforce compliance. The department is tasked to inspect factories’ compliance with health and safety standards, but it was underfunded, lacked basic resources and training, and consequently did not sufficiently enforce safety regulations at most enterprises, particularly construction sites and other nonfactory work locations. Labor inspections mostly occurred randomly but occasionally occurred when there was suspicion, rather than actual complaints, of illegal activity. In addition the government did not enforce the law strictly. Authorities did not enforce standards in the informal sector, which included the majority of workers.

The law provides for the right to bargain collectively. The law prohibits antiunion discrimination and requires reinstatement of workers dismissed for union activity. The government generally did not effectively enforce applicable laws. The government did not provide adequate inspections or remediation. There are no penalties for violations.

The law allows workers to form and join unions of their choice without previous authorization or excessive requirements, with the exception of members of the security forces and other services “essential for protecting the general interest.” The law allows unions to conduct their activities without interference.

Workers have the right to strike, provided they have exhausted lengthy and complex conciliation and nonbinding arbitration procedures and given seven business days’ notice. Participation in an unlawful strike constitutes serious misconduct and can result in criminal prosecution and forced prison labor. Nonviolently occupying a premise also constitutes serious misconduct. The law requires the continuation of a minimum service in all public services as essential to protect the general interest.

There have been employers who used hiring practices, such as subcontracting and short-term contracts, to circumvent laws prohibiting antiunion discrimination.

The constitution prohibits forced or compulsory labor unless imposed pursuant to a criminal penalty lawfully mandated by a court. Penalties were commensurate with those for comparable crimes. The law, however, allows authorities to requisition persons to work in the public interest and permits imprisonment if they refuse. The government practiced forced prison labor, including of prisoners held for political offenses and for striking workers. The government used mandatory military service to compel labor unrelated to military work. The law providing for compulsory emergency work allows the government to compel a broad range of work.

Forced labor, including forced child labor, occurred (see section 7.c.), including in agriculture, domestic service, and market vending. In previous years NGOs in Bambama, Sibiti, and Dolisie reported the majority Bantu population forced adult indigenous persons to harvest manioc and other crops with limited or no pay and under the threat of physical abuse or death. Some reports suggested that hereditary servitude was taking place. The government conducted an awareness campaign with a focus on government officials, NGOs, and members of the indigenous communities regarding amendments intended to improve the legal regime governing the rights of indigenous persons in the country.

The law criminalizes the worst forms of child labor. Under the law employers may not hire children younger than age 16, even as apprentices, without a waiver from the minister of national education. Minimum age protections, however, do not extend to children younger than age 18 who engage in hazardous work, but who do so without an employment contract. The law criminalizes the sexual exploitation of children, as well as forced labor, trafficking, and all forms of slavery. In June 2019 the government adopted a comprehensive antitrafficking law making all forms of human trafficking illegal. The law prohibits child soldiering and forced recruitment for child soldiering but does not set a minimum age for voluntary enlistment into the military service.

The law includes specific ranges of penalties for violators of the worst forms of child labor. Penalties were not commensurate with penalties for similar crimes. In August the felony chamber of the Criminal Court of Brazzaville found six defendants guilty of trafficking eight Beninese children to the country. The court sentenced the defendants, all Beninese citizens, included four women and two men, to a total of 30 years in prison.

The Ministry of Labor and Social Security is responsible for enforcing child labor laws. The government did not provide adequate staff, and labor inspections were not conducted in some parts of the country, especially in rural areas where child labor was prevalent. Child labor was a problem, particularly in the informal sector. Internal child trafficking brought children from rural areas to urban centers for forced labor in domestic work and market vending. Children also engaged in agricultural work and the catching and smoking of fish. NGOs working with indigenous communities reported children were forced to work in fields for low or no wages harvesting manioc under the threat of physical abuse or death. Children from West Africa worked in forced domestic servitude for West African families in Pointe-Noire and Brazzaville. Children also engaged in the worst forms of child labor, including in commercial sexual exploitation and forced recruitment for armed conflict.

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

The law prohibits discrimination based on family background, ethnicity, social condition, age, political or philosophical beliefs, gender, religion, region of origin within the country, place of residence in the country, language, HIV-positive status, and disability. The law does not specifically protect persons from discrimination based on national origin or citizenship, sexual orientation or gender identity, or having communicable diseases other than HIV.

Sexual harassment in the workplace was a problem. Women disproportionately worked in the informal sector, where they were less likely to benefit from legal protections. Penalties were not commensurate with those for comparable offenses.

e. Acceptable Conditions of Work

Workers in the public sector are accorded a national minimum wage, which exceeded the poverty line. The minimum wage for private sector employees exceeded the poverty line. No official minimum wage exists in the agricultural or informal sectors. The government enforced the minimum wage law, and penalties were commensurate with those for comparable violations.

The law provides for a standard workweek of 40 hours and provides for overtime pay for hours worked in excess of the 40-hour limit. The law does not limit the maximum number of hours one can work per week, although it calls for a minimum of 24 hours without work per week. The law provides for 10 paid holidays per year and 15 weeks of maternity leave.

The Ministry of Labor sets health and safety regulations that correspond with international standards. While health and safety regulations require biannual Ministry of Labor inspections of businesses, businesses reported the visits occurred much less frequently. The Ministry of Labor employed an insufficient number of inspectors to enforce the law. Inspectors only conducted inspections in the formal sector. The size of the inspectorate was not sufficient to enforce compliance with the law.

Workers have no specific right to remove themselves from situations that endanger their health or safety without jeopardizing their employment. NGOs reported safety violations commonly occurred in commercial fishing, logging, quarries, and at private construction sites.

The law provides for the right of most workers to form and join independent unions, conduct strikes within strict limits, and bargain collectively, but certain limitations apply to public officials and teachers.

The law recognizes workers’ right to strike; workers in essential services are required to provide “minimum service” during strikes to protect the public interest. Essential services are defined by law to include railroads, air transport, communications, water supply, and hospitals. The trade union law prohibits the use of replacement workers to conduct general business disrupted by strikes, but in essential services employers may hire replacements for up to 50 percent of striking workers.

By law parties involved in a “labor dispute” must first undergo third-party mediation through the National Labor Relations Commission (NLRC) or seek a labor-management settlement before registering to strike. Strikes initiated following this period are legal if they obtain majority support from union membership. The law narrowly defines “labor dispute,” which makes strikes on many issues falling under managerial control, such as downsizing and layoffs, illegal. Strikes not specifically pertaining to labor conditions, wages, benefits, or working hours are illegal. Stakeholders noted strike procedures were overly burdensome. Participating in strikes deemed to be illegal may result in imprisonment or a fine for the organizers and participants, depending on the offense.

Laws banning education workers from engaging in certain political activities, such as joining a political party or openly endorsing a political party or candidate, also constrained unions’ abilities to advocate for their positions. The law also prohibits dismissed workers from remaining in unions.

The law permits workers to file complaints of unfair labor practices against employers who interfere with union organizing or who discriminate against union members. The NLRC may require employers to reinstate workers fired for union activities. The law prohibits retribution against workers who strike legally. Labor organizations asserted that the inability of full-time labor-union officials to receive wages and the onerous registration requirements for individuals involved in collective bargaining effectively limited legal protections against unfair labor practices. In June a law took effect that allows employers to assist labor unions with operational expenses. Labor-union activists viewed the law as a step forward because previously employers were prohibited from providing such assistance.

The government generally enforced legislation related to freedom of association, collective bargaining, and collective action, including legal strikes, and the penalties were commensurate with those for other laws involving denials of civil rights. In addition an employer may be penalized for noncompliance with a labor relations commission order to reinstate a worker. The law sets penalties in the form of fines or imprisonment against employers who refuse unions’ legitimate requests for bargaining. In December 2019, 26 Samsung Electronics executives were found guilty of union busting by planning and executing a scheme to break up the Samsung Electronics Service Union. The Seoul Central District Court sentenced Samsung vice president Kang Kyung-hoon to 18 months in prison, and other senior executives also faced imprisonment. The court determined that the executives had masterminded a plan of intimidation intended to thwart unionization in the company and its subcontractors.

Labor organizations generally operated without government interference.

Undocumented foreign workers faced difficulties participating in union activities due to fear of exposing themselves to arrest and deportation. “Dispatched workers” (those on temporary contracts) faced increased risk of nonrenewal of their work contract if they joined unions or engaged in industrial disputes.

The law prohibits and criminalizes all forms of forced or compulsory labor. The government generally enforced the law effectively but did not consistently identify cases of forced labor; penalties were not commensurate with those for analogous serious crimes, such as kidnapping.

NGOs continued to report that some migrant workers were subject to forced labor, particularly those who had incurred thousands of dollars in debt for payment of recruitment fees, making them vulnerable to debt bondage. Some migrant workers in the agriculture, livestock, and fishing industries faced conditions indicative of forced labor, including deceptive recruiting practices, confiscation of passports, and nonpayment of wages.

NGOs reported harsh conditions for migrant seafarers, many of whom worked more than 18 hours per day. Migrant seafarers, primarily from Southeast Asia, were physically or verbally abused by Korean captains and other crew and were forced to work even when sick. According to NGOs, deep-sea fishing vessels depended heavily on migrant seafarers; 73.3 percent of workers on Korean deep-sea vessels in 2018 were migrants.

The government continued investigations of working conditions for foreign sailors. From May to June, the coast guard conducted enforcement operations for human rights violations against migrant workers in the fisheries industry. Similar operations in 2019 resulted in the arrest by maritime police of 94 individuals for suspected human rights or worker rights abuses. Stakeholders reported that such enforcement activities were limited by jurisdictional disputes between the Ministry of Employment and Labor and the Ministry of Oceans and Fisheries.

The government also investigated instances of abuse, including forced labor, against workers with intellectual disabilities in the fisheries industry.

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

The law prohibits employing minors younger than age 15 without an authorization certificate from the Ministry of Employment and Labor, and the government generally enforced the law. Authorities issued few such certificates for full-time employment because education is compulsory through the end of middle school. Children ages 15 to 18 may work with the consent of at least one parent or guardian. Employers in industries considered harmful or hazardous to a minor’s morals or health may not hire them and face fines or imprisonment for violations. The maximum penalty for child labor, two years’ imprisonment, was not commensurate with that for analogous serious crimes, such as kidnapping, which is penalized by up to 10 years’ imprisonment. Through September the government reported no violations of child labor laws.

There were some reports of commercial sexual exploitation of children (see section 6, Children.).

The law prohibits discrimination in employment or occupation on the basis of gender, nationality, social status, religion, or disability. No law explicitly prohibits discrimination on the basis of language or HIV or other communicable disease status. The penalties for employment discrimination were commensurate with laws related to similar violations. The law prohibits companies with more than 30 employees from asking job applicants about family members, place of origin, marital status, age, or property ownership.

The law provides for equal pay for equal work. The government inconsistently enforced the law, and discrimination occurred with respect to gender. The gender pay gap was 32.5 percent in 2019. Workers’ rights groups attributed the gap to women’s childcare and household responsibilities. A higher percentage of women filled lower-paying, low-skilled, contract jobs, and women often faced difficulties returning to the workforce after childbirth. Legal restrictions against women in employment included limits on working hours, occupations, and tasks. In particular the law restricted women’s participation in “hazardous” occupations such as mining.

The government’s Sixth Basic Plan on Equal Employment and Work-Life Balance for 2018 to 2022 provides a roadmap for a policy on women’s employment that consists of three pillars: creating nondiscriminatory working environments, preventing interruptions in women’s careers, and providing re-employment for “career-interrupted” women.

The workplace antibullying law requires employers to take action to fight bullying in the workplace. According to the National Human Rights Commission of Korea, 70 percent of persons surveyed in 2018 said they had been bullied at work. By law employers convicted of failing to take action to protect bullied employees face a fine and up to three years in prison.

The law prohibits discrimination against subcontracted (also known as “dispatched”) and temporary workers, who comprised approximately one-third of all wage workers and were found especially in the electronics, automotive, and service sectors. Nonetheless, NGOs and local media reported discrimination against informal or irregular workers (those who do not have full-time, permanent employment and who do not receive benefits at the same level as permanent workers). For example, while the law requires the conversion to permanent status of those employed longer than two years, employers often laid off irregular workers shortly before the two-year mark. To address this problem, the government provides subsidies and tax breaks to encourage businesses to hire temporary workers on a permanent basis, according to the labor ministry. The International Labor Organization noted that the disadvantaged status of irregular workers contributed to discrimination against women given that women were overrepresented among these workers.

Discrimination in the workplace occurred against persons with HIV/AIDS, women, persons with disabilities, and migrant workers.

Many migrant workers faced workplace discrimination. The maximum length of stay permitted under the Employee Permit System is four years and 10 months, just under the five years needed to apply for permanent residency. NGOs and civil society groups asserted this policy is designed to exclude foreign workers from permanent residence or citizenship eligibility. NGOs stated it remained difficult for migrant workers to change employers (see sections 7.b. and 7.e.).

The law allows employers to pay foreign workers on South Korean-flagged ships lower wages than South Korean workers. The minimum wage for Korean workers is set by the government while industry and trade union representatives, who do not represent foreign workers, set the minimum wage for foreign employees. According to NGOs, the rate for domestic crewmembers is five times higher than for foreign workers. Further, unlike citizens, foreign sailors are not entitled to profit sharing. Many foreign seafarers reported to NGOs that they received only 600,000 won ($517) in monthly wages.

The law prohibits recruiters, agents, employers, or managers from receiving money or other valuables or benefits from job seekers or employees in exchange for securing employment. Nevertheless, NGOs reported South Korean-flagged vessel owners routinely demanded security deposits from foreign crewmembers to discourage them from transferring jobs.

e. Acceptable Conditions of Work

During the year the minimum wage increased 2.9 percent and was above the official poverty line. NGOs reported that as the minimum wage increased, employers tried to curb expenses by reducing work hours, listing employees as “on-call” at home when they were in fact at work, employing undocumented foreign workers, and charging migrant workers for their accommodations and board.

The law allows a flexible system under which employees may work more than eight hours during certain days and more than 40 hours per week during certain weeks (up to a maximum of 52 hours in a single week), so long as average weekly work hours for any two-week period do not exceed 40 hours and workers have a mandatory day of rest each week. For employers who adopt a flexible system, hours exceeding 80 in a two-week period constitute overtime. Foreign companies operating in export-processing zones are exempt from labor regulations that mandate one day of rest a week. The law limits overtime of ordinary workers to 12 hours a week.

The government generally effectively enforced laws on wages and acceptable conditions of work in most sectors, but migrants faced discriminatory laws and practices. The Labor Ministry was responsible for enforcement of these laws and the number of labor inspectors was sufficient to deter violations in most sectors. Inspectors had the authority to identify unsafe conditions, conduct unannounced visits, and issue corrective orders. Penalties for violations included imprisonment and fines and were generally commensurate with those for similar crimes, such as fraud.

Regulations outline legal protections for migrant and foreign workers. Inspections covered businesses with foreign workers, particularly in the agriculture, livestock, fisheries, and construction sectors, which generally had poor working conditions. Migrants’ rights advocates noted the government inspected only a small percentage of workplaces that hire migrant workers and asserted that employers were not deterred from violating labor standards because most inspections were perfunctory and, even if violations were found, the typical result was a corrective order.

Migrant workers faced multiple restrictions on employment mobility, which left them vulnerable to exploitation. Migrant workers must obtain the consent of their current employers to switch jobs. The Ministry of Labor stated that migrant workers may apply to change workplaces without the employer’s consent when an employer violates the law, but NGOs argued that violations were hard to prove and vulnerable workers were unlikely to be aware of this right.

In one instance an employer told a migrant worker owed four months’ salary in back wages that he would provide the needed approval only in exchange for a payment that exceeded the back wages. In another case a Cambodian agricultural migrant who had not been paid in three years could not leave her job because she did not have the employer’s approval. The employer told media that paying fines for violating the labor standards law was less expensive than paying the back wages.

In March migrant workers seeking to overturn the restriction on changing workplaces filed a constitutional appeal. As of September the case was pending.

Migrant workers lose their legal status if they lose their job and do not find another employer within three months. Authorities may then cancel the work permit, forcing the worker either to return home or to remain in the country illegally. This caused difficulties for seasonal workers such as those involved in agriculture or construction. Migrant workers did not have access to lists of companies that were hiring when they wanted to change jobs, which made it more difficult for these workers to change jobs freely.

To prevent violations and improve working conditions for migrant and foreign workers, the government provided pre-employment training to newly arrived foreign workers, workplace adaptation training to those who changed workplaces, and training to employers who hired foreign workers. The government funded 44 Foreign Workers Support Centers nationwide to provide foreign workers with counseling services in 16 languages, Korean language and cultural programs, shelter, and free health-care services. It also ran a call center to help foreign workers resolve grievances. The government also funded multicultural family and migrant plus centers to provide foreign workers, international marriage immigrants, and other multicultural families with a one-stop service center providing immigration, welfare, and education services.

The law requires severance payments to migrant workers who have worked in the country for at least one year. Many workers, however, reported difficulty in receiving severance pay prior to their departure and stated they did not receive payments even after returning to their country of origin, due to banking regulations and delinquent employers. NGOs confirmed many departing migrants never received these payments and that the COVID-19 pandemic magnified these difficulties.

Some NGOs reported migrant workers were particularly vulnerable to exploitation because the law excludes regulations on working hours, holidays, and benefits for the agricultural, livestock, and fisheries industries that had large numbers of migrant workers. Foreign laborers sometimes faced physical abuse and exploitation by employers in the form of longer working hours, fewer days off, and lower wages than their local counterparts. According to NGOs, the government only occasionally investigated reports of poor or abusive working conditions for migrants, and court cases were often dismissed due to insufficient evidence.

NGOs reported that although employers were prohibited from providing makeshift accommodations, some violated this prohibition, providing migrant workers with substandard accommodations made of plastic panels. After heavy rain led to the flooding of the Sanyang Reservoir in Gyeonggi Province in August, an estimated 100 persons were displaced, of whom 80 percent were migrant workers living in “plastic houses” while working on farms near the reservoir. Employers justified the accommodations, noting they lived there together with the workers and that the lodgings were only temporary to respond to busy work schedules. Workers’ rights advocates argued the plastic houses were illegal.

The government sets occupational health and safety standards and is responsible for monitoring industry adherence. Under the law workers in every sector have the right to remove themselves from situations of danger without jeopardizing their employment. As of July the Korea Occupational Safety and Health Agency, responsible for enforcement of these laws, had directly or indirectly inspected 299,081 workplaces. The penalties were commensurate with those for analogous crimes such as gross negligence.

In January broad reforms to the Occupational Safety and Health Act took effect. Some of the revisions included higher fines for workplace fatalities and increased penalties for health and safety violations. The revised regulations also prohibited companies from subcontracting out specific types of dangerous work, such as metal plating, that involve harmful heavy metals such as mercury and lead.

According to the Occupational Safety and Health Agency, there were 109,242 work-related accidents in 2019, an increase of 6.8 percent from 2018, and 2,020 occupational deaths, down from 2,142 in 2018. The agency’s director acknowledged that challenges remained in further reducing the level of fatal accidents to that on par with other advanced countries; ensuring the safety of workers vulnerable to occupational accidents and health risks, including older workers, women, migrants, and those working in small workplaces; and reducing safety gaps between large enterprises and small- and medium-sized enterprises, as well as between parent companies and subcontractors. Workers’ rights advocates said that contract or temporary workers were also vulnerable to workplace injury.

From September 2019 until May, five fatal accidents occurred at Hyundai Heavy Industries Co., one of the world’s largest shipbuilders. The Ministry of Employment and Labor determined the company lacked executive support for safety management, failed to abide by basic safety regulations, and did not properly educate employees about risks. After inspections in July, the ministry imposed a nominal fine of 152 million won ($131,000) for 165 safety violations.

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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China | Hong Kong | Macau

PA law provides for the rights of workers to form and join independent unions and conduct legal strikes. The law requires conducting collective bargaining without any pressure or influence but does not include protections for employees and unions to engage effectively in collective bargaining. Antiunion discrimination and employer or government interference in union functions are illegal, but the law does not specifically prohibit termination for union activity or provide for job reinstatement for termination due to union activity.

The PA labor code does not apply to civil servants or domestic workers, although the law allows civil servants the right to form unions. The requirements for legal strikes are cumbersome, and strikers had little protection from retribution. Prospective strikers must provide written notice two weeks in advance of a strike (four weeks in the case of public utilities). The PA Ministry of Labor may impose arbitration; workers or their trade unions faced disciplinary action if they rejected the result. If the ministry cannot resolve a dispute, it may refer the dispute to a committee chaired by a delegate from the ministry and composed of an equal number of members designated by the workers and the employer. Disputes may move finally to a specialized labor court, although authorities had not established the court as required by labor legislation.

The government did not effectively enforce labor laws and procedures were subject to lengthy delays and appeals. Penalties were not commensurate with those for similar criminal violations, and inspection was not sufficient to enforce compliance. The PA enforced the prohibitions on antiunion discrimination and employer interference in union functions, but it inconsistently enforced laws regarding freedom of association. The PA did not seek to enforce collective bargaining rights for unions, with the exception of those representing PA employees. Hamas continued to maintain de facto control of worker rights in Gaza, where the PA was unable to enforce labor law. Hamas continued to suppress labor union activities, including placing restrictions on celebrating Labor Day and suppressing public gatherings of labor unions.

The PA respected freedom of association and the right to collective bargaining in the West Bank, with some significant exceptions. Labor unions were not independent of authorities and political parties in the West Bank or Gaza. Two main labor unions in the West Bank (the Palestinian General Federation of Trade Unions and the Federation of Independent and Democratic Trade Unions and Workers) competed for membership and political recognition.

Israel applies Israeli civil law to Israeli settlements in the West Bank, but authorities did not enforce it uniformly. Despite a 2007 ruling by the HCJ requiring the government to apply Israeli law to Palestinian workers in Israeli settlements, the Israeli government did not fully enforce the ruling. Most Israeli settlements continued to apply the Jordanian labor law applicable prior to 1967 to Palestinian workers; that law provides for lower wages and fewer protections than does Israeli law.

PA law does not expressly forbid forced or compulsory labor or human trafficking. Forced labor occurred in the West Bank and Gaza. Women working as domestic workers were vulnerable to forced labor conditions in both the West Bank and Gaza, since the PA and Hamas authorities do not regulate domestic labor within households or in the large informal sector.

PA law prohibits the employment of minors younger than 15. PA law classifies children as persons younger than 18 and restricts employment for those between ages 15 and 18. The law permits hiring children between ages of 15 and 18 for certain types of employment under set conditions. The law allows children younger than 15 to work for immediate family members under close supervision.

PA law prohibits children from working more than 40 hours per week; operating certain types of machines and equipment; performing work that might be unsafe or damage their health or education; and working at night, in hard labor, or in remote locations far from urban centers. A presidential decree includes provisions on child labor and explicit penalties for conviction of violations. PA authorities may penalize repeat offenders by having fines doubled or fully or partially closing the offender’s facility.

The government did not effectively enforce the law. Penalties for child labor were not always criminal nor commensurate with those for similar serious crimes such as kidnapping. Inspectors did not operate in all sectors and did not have the authority to assess penalties. The worst forms of child labor occurred in construction and illicit activities such as smuggling drugs and commercial sexual exploitation. In 2019, the latest year for which data were available, PA Ministry of Labor officials found 194 cases involving child labor (younger than 15). The Ministry of Labor fined and gave warnings to businesses employing children illegally. The ministry inspected only businesses operating in the formal economy and was unable to conduct investigations in Gaza. It did not have access to Israeli-controlled Area C of the West Bank. Many cases of child labor in the West Bank reportedly occurred in home environments, for example on family farms, which were not open to labor ministry inspection.

In the first quarter, 2 percent of children between ages 10 and 17 were employed (3 percent in the West Bank and 1 percent in Gaza). Palestinian child laborers deemed by the PA to be most vulnerable to forced labor generally worked in shops, as roadside and checkpoint street vendors, in car washes, in factories, in small manufacturing enterprises, or on family farms.

Hamas did not effectively enforce child labor laws in Gaza; however, Gaza continued to have a lower percentage of child labor than the West Bank. While the United Nations previously reported child labor was increasing in Gaza due to widespread economic hardship, high unemployment across all segments of society has led to high competition for jobs, thus decreasing the demand for child labor. Hamas reportedly encouraged children to work gathering gravel and scrap metal from bombsites to sell to recycling merchants; Hamas increased recruitment of youth for tunnel-digging activities. Children were also reported to be working informally in the automotive and mechanics sector, often changing tires and working as mechanics’ assistants. There were also reports Hamas trained children as combatants. Due to the rising economic hardship in Gaza, street begging, predominantly by children as young as age three, was common throughout Gaza and Hamas no longer attempted to discourage the practice.

The Israeli government stated it did not issue permits for Palestinian West Bank residents younger than 18 to work in Israeli settlements in the West Bank, except in the Jordan Valley where the law allows issuing permits to persons age 16 and older. There were reports during the year that some Palestinian children entered the settlements or crossed into Israel illegally, often smuggled, to seek work. According to a 2015 Human Rights Watch report, Palestinian children younger than 16 worked on Israeli settlement farms. The PA reported that Palestinian children engaged in child labor in Israeli settlements in the West Bank faced security risks, exploitation, and harassment, since they did not have access to legal protection or labor inspection.

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 .

PA laws and regulations do not prohibit discrimination regarding race, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. While PA laws prohibit discrimination based on gender and disabilities, penalties were not commensurate with penalties for similar violations, and the PA did not effectively enforce those laws and regulations in the West Bank, nor did Hamas in Gaza. PA labor law states that work is the right of every capable citizen; however, it regulates the work of women, preventing them from employment in dangerous occupations. As a result most women are not able to work at night, or in the mining or energy sectors.

There was discrimination in the West Bank and Gaza based on the above categories with respect to employment and occupation. Persons with disabilities faced discrimination in hiring and access to the workplace. Women endured prejudice and, in some cases, repressive conditions at work. The Palestinian female labor force participation rate was 14.7 percent in Gaza and 15.8 percent in the West Bank.

e. Acceptable Conditions of Work

The PA’s monthly minimum wage was significantly below the poverty line. The PA estimated 30 percent of residents in the West Bank and 64 percent of residents in Gaza lived below the poverty line.

According to PA law, the maximum official Sunday-to-Thursday workweek was 48 hours. The law also allows for paid official and religious holidays, which employers may not deduct from annual leave. Workers must be paid time and a half for each hour worked beyond 45 hours per week and may not perform more than 12 hours of overtime work per week.

The PA Ministry of Labor was responsible for setting appropriate occupational health and safety standards. Responsibility for identifying unsafe work conditions lies with inspectors and not the worker. Palestinian workers do not have the legal protection to remove themselves from situations that endangered their health or safety without jeopardy to their employment. Mechanisms for lodging complaints were generally not utilized due to fear of retribution, according to NGOs.

The government did not effectively enforce the law on wages, hours of work, and occupational safety and health standards, in part due to lack of sufficient inspection staff. Penalties were not commensurate with penalties for similar violations. Labor inspectors could conduct unannounced visits and initiate legal action but did not have authority to levy fines. In 2019 the Ministry of Labor’s Inspection Department visited larger business establishments (16,322 visits) and took legal actions against the establishments violating the law (e.g., warnings, partial shutdowns, total shutdowns, and referring to the court). The PA did not effectively monitor smaller worksites or those in the informal sector, which were at times below legal safety standards.

The ministry does not have authority to enforce Palestinian labor law west of Israel’s barrier, or in Israeli settlements in the West Bank.

Israeli authorities did not conduct labor inspections in Israeli settlements, where Palestinian workers constituted a significant part of the workforce. The lack of a competent labor authority in the settlements increased workers’ vulnerability to exploitation. NGOs such as Kav LaOved stated that exploitative practices in Israeli settlements were widespread. The International Labor Organization estimated one-half of all such workers with permits continued to pay exorbitant monthly fees to brokers to obtain and maintain valid work permits. Approximately 92,000 Palestinians worked in Israel and Israeli settlements as of the second quarter, mostly in construction and agriculture. These workers were more vulnerable to exploitation and were not eligible for worker benefits, such as paid annual and sick leave. Kav LaOved brought cases to Israeli labor courts on behalf of Palestinian workers employed by enterprises in Israel and West Bank settlements. Many of these cases related to nonpayment or misreporting of wages, inadequate medical care following workplace injury, and the settlement of subsequent health insurance claims within the Israeli system.

According to the Palestine Central Bureau of Statistics Labor Force Survey, 34 percent of wage employees received less than the minimum wage in the second quarter. In the West Bank approximately 8 percent of wage employees in the private sector received less than the minimum monthly wage. In Gaza, 82 percent of wage employees in the private sector received less than the minimum monthly wage. Palestinians working in Israeli settlements reported they continued to receive wages lower than the Israeli minimum wage, despite a 2008 High Court ruling that Israeli labor laws apply to relations between Palestinian workers and Israeli employers in settlements.

Respect for occupational safety and health standards was poor. There continued to be workplace fatalities of Palestinian laborers, including 10 in the hazardous construction sector and among those working in Israel, during the year. Kav LaOved documented dozens of cases where employers instructed employees to return to the West Bank following workplace injury rather than provide for medical attention inside Israel.

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Israel