Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of workers to form or join unions of their choice, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and allows unions to challenge firings in court. The law requires reinstatement of workers terminated for union activity.
Some limitations exist. There are restrictions on strikes and union activity for civilian employees of the military. Workers may strike only at the end of a contract or in specific circumstances cited in the contract, and only after completing mediation. Labor and management must jointly agree on a mediator if a dispute goes to mediation. If a strike is found to be illegal, any participant may be dismissed, and the union held liable for damages.
The government and employers generally respected freedom of association and the right to collective bargaining. The government generally enforced laws effectively. Penalties were sufficient to deter violations. Judicial procedures were lengthy in the country overall and could hamper redress for antiunion discrimination.
The law prohibits all forms of forced or compulsory labor. Through July 31, the state prosecutor reported one case of criminal charges for forced labor, which remained pending at the end of the year.
Penalties for conviction of forced labor were sufficiently stringent to deter violations, if enforced, but the government did not effectively enforce the law. The government collaborated with several NGOs on public awareness programs.
There were isolated reports that Romani children were at risk of forced begging. Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits the worst forms of child labor. The minimum age for the employment of children is 15, the age at which compulsory education ends for most children. Minors between ages 15 and 18 who have not completed compulsory education may work only with prior approval from the government labor inspectorate and only if they would not suffer physically or mentally from the work. Children younger than 15 may work only in special circumstances and with the approval of the ombudsperson for children. In 2017 (the last year for which data were available), there were 233 such requests, of which 183 were approved, usually for children to act in film or theatrical performances. The law prohibits workers younger than age 18 from working overtime, at night, or in dangerous conditions, including but not limited to construction, mining, and work with electricity. The Ministry of Labor and the Pension System, the ministry’s Office of the State Inspectorate, and the ombudsperson for children are responsible for enforcing this regulation and did so adequately.
There were isolated instances of violations of child labor legislation. Labor inspectors identified 34 violations involving 21 minors in 2017. Violations involved minors working overtime or past curfew and occurred mainly in the hospitality, retail, services, food service, and tourism sectors. Some children were reportedly subject to early marriage that could result in domestic servitude. The government effectively enforced the law. Penalties were generally sufficient to deter violations (see also section 7.b.).
The law prohibits discrimination in employment and occupation. Nonetheless, sporadic discrimination in employment or occupation occurred on the bases of gender, disability, sexual orientation, HIV-positive status, and ethnicity, particularly for Roma. According to the ombudsperson for gender equality, women experienced discrimination in employment, including in pay and promotion to managerial and executive positions. Women generally held lower-paying positions in the workforce. A World Bank Group report in February stated that, overall, the country made progress on promoting gender equality into its policy agenda. Eurostat reported the wage gap was higher among older employees. The government did not effectively enforce the law and the penalties for discrimination were not sufficient to deter violations.
According to the 2018 annual report of the ombudsperson for disabilities, legislative changes strengthened the system for professional rehabilitation to facilitate employment of those with disabilities. The ombudsperson for disabilities noted progress in 2018 in the employment of persons with disabilities but said the government should take additional steps to reduce workplace discrimination and barriers to employment. NGOs noted discrimination and harassment against LGBTI employees in the workplace, particularly in the health and hospitality sectors. According to the NGO Freedom House, although legislation protects LGBTI employees against discrimination at the workplace, employers did not have adequate policies and procedures in place to provide protection against discrimination based on sexual orientation or gender identity. NGOs reported LGBTI persons sometimes refrained from publicly expressing their sexual orientation or gender identity because they were vulnerable to termination of employment or demotion.
The government effectively enforced wage laws, and penalties were sufficient to deter violations. The minimum wage was slightly above the official poverty income level. The law limits overtime to 10 hours per week and 180 hours annually.
Responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker.
Some employees worked in the informal sector without labor protections. There were instances of nonpayment of wages, as well as nonpayment for overtime and holidays. The law allows employees to sue employers for wage nonpayment and provides a penalty sufficient to deter violations, although the law exempts employers who fail to pay wages due to economic duress. Workers may sue employers who do not issue pay slips to their employees to bypass mandatory employer contributions to social insurance programs. During 2018 inspectors filed 122 reports (down 14 percent from 2017) seeking criminal proceedings against employers for nonpayment of wages or for not registering employees properly with state health and pension insurance.