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Crimea

Section 7. Worker Rights

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

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

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

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Ukraine

Mozambique

Section 7. Worker Rights

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.

Namibia

Section 7. Worker Rights

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.

Nauru

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum starting salary for public-sector employees is above the poverty level. There is no minimum salary for the private sector; approximately 26 percent of the population lived at the subsistence level. The law outlines a standard eight-hour workday and one-hour meal break for permanent and contract employees; workers are not required to work longer than nine hours. The law stipulates that, “For each year of service, an employee is entitled to four weeks of recreation leave on full salary,” and that it can be accumulated for up to three years, at which time the employee must take leave to reduce the balance or “cash out” an amount of recreation leave to reduce the total leave balance accrued.

Public-service regulations govern salaries, working hours, vacation periods, and other employment matters for government workers, who constituted more than 90 percent of salaried workers. The government has a graduated salary system for public-service officers and employees. The law provides for maternity leave after a woman has completed six months of employment.

There is no limit to the maximum number of accumulated overtime hours and no prohibition on excessive or compulsory overtime for workers in the public sector. No specific regulations govern overtime or overtime pay for private-sector workers.

Although the government sets some health and safety standards, they do not have the force of law. The law does not provide workers the right to remove themselves from a hazardous workplace without jeopardizing their employment.

The Department of Human Resources and Labor effectively enforced labor laws in the public sector. Enforcement was more lax in the private sector, but no violations of labor regulations were reported. The law allows the ministry the right to inspect a workplace without prior notification. Authorities can charge an employer with a criminal offense if found to be in violation of the labor law or the provisions of an employment contract, which was sufficient to deter violations. The number of inspectors was insufficient to monitor compliance fully.

With the decline of the phosphate industry, enforcement of workplace health and safety requirements continued to be lax.

Nepal

Section 7. Worker Rights

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.

Netherlands

Section 7. Worker Rights

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.

New Zealand

Section 7. Worker Rights

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.

Nicaragua

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law establishes a statutory minimum wage for 10 economic sectors. According to the Ministry of Labor, the average legal minimum wage covered only 35 percent of the cost of basic goods. The ministry, together with workers’ unions aligned with the ruling party, agreed to a 2.63 percent wage increase for the year. Free trade zone regions had a wage increase of 8 percent, prenegotiated in a five-year agreement expected to expire in 2022. The salary increase remained unchanged despite free trade zone representatives reporting unsteady industry performance.

The minimum wage was generally enforced only in the formal sector, estimated to be approximately 20 percent of the economy, and in contracting. The Ministry of Labor is the primary enforcement agency.

The standard legal workweek is a maximum of 48 hours, with one day of rest. The law dictates an obligatory year-end bonus equivalent to one month’s pay, proportional to the number of months worked. The law mandates premium pay for overtime, prohibits compulsory overtime, and sets a maximum of three hours of overtime per day not to exceed nine hours per week. Penalties for violations of minimum wage and overtime laws were not commensurate with those for similar crimes, such as fraud.

According to International Labor Organization guidelines, the number of labor inspectors was insufficient for the size of the workforce, which included approximately three million workers. The law allows inspectors to conduct unannounced inspections and initiate sanctions for egregious violations.

The National Council of Labor Hygiene and Safety, including its departmental committees, is responsible for implementing worker safety legislation and collaborating with other government agencies and civil society organizations in developing assistance programs and promoting training and prevention activities. According to labor contacts, the council was inactive throughout the year. The government did not allocate adequate staff or other measures to enable the Office of Hygiene and Occupational Safety to enforce occupational safety and health (OSH) provisions. Penalties for violations of occupational safety and health laws were commensurate with those for crimes such as negligence, but they were infrequently enforced and only in the formal sector.

OSH standards also were not widely enforced in an expanding large informal sector, which represented 77 percent of employment and 88 percent of businesses, according to 2016 reports from the Consultants for Business Development and the Nicaraguan Foundation for Economic and Social Development. Although more recent statistics on informality were not available, experts viewed this indicator as necessarily rising as a result of sociopolitical unrest and the aftermath of the COVID-19 pandemic. The informal sector included the bulk of workers in street sales, agriculture and ranching, transportation, domestic labor, fishing, and minor construction. Legal limitations on hours worked often were ignored by employers, who claimed workers readily volunteered for extra hours for additional pay. Violations of wage and hour regulations in the informal sector were common and generally not investigated, particularly in street sales, domestic work, and agriculture, where children continued to work in tobacco, banana, and coffee plantations. Compulsory overtime was reported in the private-security sector, where guards often were required to work excessive shifts without relief.

By law workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment. It was unclear if authorities effectively protected employees in such cases.

During the COVID-19 pandemic, government officials ordered medical staff not to wear personal protective equipment. In response to this and the lack of government response to the pandemic, 25 doctors signed a letter in July requesting that doctors be issued protective equipment and not be prosecuted for using it. The doctors were fired in retaliation. In November the Citizen’s Observatory reported that approximately 100 health workers had died of the virus.

Niger

Section 7. Worker Rights

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.

Nigeria

Section 7. Worker Rights

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.

North Korea

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no legal minimum wage in the country. No reliable data were available on the minimum wage paid by state-owned enterprises. Wages are sometimes paid at least partially in kind rather than in cash.

The law stipulates an eight-hour workday, although some sources reported that laborers worked longer hours, perhaps including additional time for mandatory study of the writings of Kim Il Sung and Kim Jong Il. The law provides all citizens with a “right to rest,” including one day’s rest per week (Sunday), paid leave, holidays, and access to sanitariums and rest homes funded at public expense. The state’s willingness and ability to provide these services were unknown, however.

The law recognizes the state’s responsibility for providing modern and hygienic working conditions. The law criminalizes the failure to heed “labor safety orders” pertaining to worker safety and workplace conditions but only if the conditions result in the loss of lives or other “grave loss.” Workers themselves do not have a designated right to remove themselves from hazardous working conditions. No information is available on enforcement of labor laws.

Mandatory participation in mass events on holidays and practice sessions for such events sometimes compromised leave or rest from work. Workers were often required to “celebrate” at least some part of public holidays with their work units and were able to spend an entire day with their families only if the holiday lasted two days. Failures to pay wages were common and reportedly drove some workers to seek income-generating activity in the informal or underground economy.

Many worksites were hazardous, and the industrial accident rate was high.

North Macedonia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does set a minimum wage in all sectors, which is below the poverty income level.

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

The total number of labor inspectors was considered adequate to investigate violations of labor law. Labor inspectors have the authority to make unannounced inspections and initiate sanctions. Inspections, however, were not adequate to ensure compliance, due, in part, to an inadequate regional distribution of inspectors.

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

During the year the Ministry of Labor’s Labor Inspectorate filed complaints against several businesses for forcing employees to work long hours without the rest breaks required by law; nonpayment of salaries, benefits, and overtime; and cutting employees’ vacation. Violations in wage and overtime were most common in the textile, construction, railroad, and retail sectors.

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

In a whole-of-government response to the economic impacts of COVID-19, the government adopted a series of economic and social measures to help both businesses and employees. The measures were wide ranging and included instituting physical distancing measures in workplaces, providing subsidies to private-sector businesses to retain their employees, and allowing one parent of children up to age 10 to stay home without financial penalty.

As of June 30, the State Market Inspectorate received more than 7,000 complaints alleging violations of workers’ rights in relation to the government’s COVID-19 relief measures and other workplace violations and conditions, most of which came from the textile and food-processing sectors. The largest number of complaints, (28 percent) alleged employers violated the government’s order to excuse parents with children up to age 10 from work while schools and childcare facilities were closed.

Civil society organizations, including the Helsinki Committee for Human Rights and Reactor Research in Action, reported on business noncompliance with the government’s pandemic measures. Examples included businesses forcing employees to use sick leave while they were entitled to administrative leave, failing to pay salaries, and threatening employees with termination if they failed to return to work. In cases of termination during the pandemic, Reactor Research documented different treatment of male and female workers. Men were usually fired, while women were often forced to sign documents terminating their contracts. In these cases these women were then ineligible for state benefits because the record indicated they had left their employment of their own free will.

In July the Public Revenue Office (PRO) disclosed that hundreds of employers who received financial support from the state to pay salaries during the COVID-19 state of emergency failed to transfer the money to their employees. PRO Director Lukarevska said 281 employers were cited in April and 427 in May. The government published a list of the companies that abused the financial assistance and updated it as employers fulfilled their obligations to their employees.

According to data from the Macedonian Occupational Safety Association, there were 25 workplace fatalities and 153 workplace injuries in 2019. Most of the accidents resulting in casualties occurred in the category of household activities, which included farming and use of agricultural equipment, followed by the construction sector.

Norway

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not mandate an official minimum wage. Instead, minimum wages were set in collective bargaining agreements. Statistics Norway used 60 percent of the median household income after tax for the relative poverty limit. In 2017, the most recent year for which data were available, 11.2 percent of the population had an income below the poverty limit.

The law provides for premium pay of 40 percent of salary for overtime and prohibits compulsory overtime in excess of 10 hours per week. The government effectively enforced the laws and penalties were commensurate with those for similar crimes, such as fraud.

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

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

Oman

Section 7. Worker Rights

e. Acceptable Conditions of Work

The country has a minimum monthly wage for citizens that does not apply to noncitizens in any occupation. Minimum wage regulations do not apply to a variety of occupations and businesses, including small businesses employing fewer than five persons, dependent family members working for a family firm, or some categories of manual laborers. Most citizens who lived in poverty were engaged in traditional subsistence agriculture, herding, or fishing, and generally did not benefit from the minimum wage. The private sector workweek is 45 hours and includes a two-day rest period following five consecutive days of work. Government workers have a 35-hour workweek. The law mandates overtime pay for hours in excess of 45 per week.

The government sets occupational health and safety standards. The law states an employee may leave dangerous work conditions without jeopardy to continued employment if the employer was aware of the danger and did not implement corrective measures. Employees covered under the labor law may receive compensation for job-related injury or illness through employer-provided medical insurance. The government offered free COVID-19-related treatment to any resident of the country, regardless of legal status, who showed symptoms and did not have the means to pay for medical costs.

Neither wage and hour nor occupational safety and health regulations apply to domestic workers.

The Ministry of Labor is responsible for enforcing labor laws, and it employed inspectors in Muscat and around the country. It generally enforced the law effectively with respect to citizens; however, it did not always effectively enforce regulations regarding hours of employment and working conditions for foreign workers.

In July some expatriate workers for a construction company protested against alleged COVID-19-related loss of pay and inadequate food provision, causing significant damage to company property, according to social media and traditional press sources. The company stopped the demonstrations with the support of the government and reached out to embassies to coordinate the repatriation of expatriate employees who had lost jobs.

Labor inspectors performed random checks of worksites to verify compliance with all labor laws. Inspectors from the Department of Health and Safety of the Labor Care Directorate are responsible for enforcement of health and safety codes. Limited inspections of private sector worksites are required by law to deter or redress unsafe working conditions in the most dangerous sectors.

The Ministry of Labor effectively enforced the minimum wage for citizens. No minimum wage existed for noncitizens. In wage cases the Ministry of Labor processed complaints and acted as mediator. In a majority of cases, the plaintiff prevailed, gaining compensation, the opportunity to seek alternative employment, or return to their country of origin in the case of foreign laborers, although they rarely used the courts to seek redress. The ministry was generally effective in cases regarding minor labor disputes.

The government increased efforts to prevent trafficking in persons violations, which disproportionately affected foreign workers.

Foreign workers were vulnerable to poor, dangerous, or exploitative working conditions. There were reports that migrant laborers in some firms and households worked more than 12 hours a day without a day off for below-market wages. Employers often cancelled the employment contracts of seriously sick or injured foreign workers, forcing them to return to their countries of origin or remain in the country illegally. Some labor inspections focused on enforcing visa violations and deporting those in an irregular work visa status rather than verifying safe and adequate work conditions.

There are no maximum work-hour limits for domestic workers nor any mandatory rest periods, although the contract between the employer and worker can specify such requirements. There were some reports that domestic workers were forced to work with inadequate rest periods. Separate domestic employment regulations obligate the employer to provide domestic workers with free local medical treatment throughout the contract period. Penalties for noncompliance with health regulations were insufficient to deter violations. Some domestic workers were subjected to abusive conditions.

There was no data available on workplace fatalities or safety. In July, two expatriate workers died when an excavation site collapsed, according to the local press.

Pakistan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The 2010 passage of the 18th amendment to the constitution dissolved the federal Ministry of Labor and Manpower, resulting in the devolution of labor issues to the provinces. Some labor groups, international organizations, and NGOs remained critical of the devolution, contending that certain labor issues–including minimum wages, worker rights, national labor standards, and observance of international labor conventions–should remain within the purview of the federal government. Observers also raised concerns regarding the provinces’ varying capacity and commitment to adopt and enforce labor laws. Some international organizations, however, observed that giving authority to provincial authorities led to improvements in labor practices, including inspections, in some provinces.

The minimum wage as set by the government exceeded its definition of the poverty line income for an individual, which was 9,300 Pakistani rupees ($60) per month. The minimum wage was 17,500 ($106) rupees per month. The minimum wage was greater than the World Bank’s estimate for poverty level income. Authorities increased the minimum wage in the annual budget in 2019, and both federal and provincial governments implemented the increase. Minimum wage laws did not cover significant sectors of the labor force, including workers in the informal sector, domestic servants, and agricultural workers; enforcement of minimum wage laws was uneven.

The law provides for a maximum workweek of 48 hours (54 hours for seasonal factories) with rest periods during the workday and paid annual holidays. The labor code also requires time off on official government holidays, overtime pay, annual and sick leave, health care, education for workers’ children, social security, old-age benefits, and a workers’ welfare fund. Many workers, however, were employed as contract laborers with no benefits beyond basic wages and no long-term job security, even if they remained with the same employer for many years. Furthermore, these national regulations do not apply to agricultural workers, workers in establishments with fewer than 10 employees, or domestic workers. Workers in these types of employment also lacked the right to access labor courts to seek redress of grievances and were extremely vulnerable to exploitation. The industry-specific nature of many labor laws and the lack of government enforcement gave employers in many sectors relative impunity with regard to working conditions, treatment of employees, work hours, and pay.

Provincial governments have primary responsibility for enforcing national labor regulations. Enforcement was ineffective due to limited resources, corruption, and inadequate regulatory structures. The number of labor inspectors employed by the provincial governments is insufficient for the approximately 64 million persons in the workforce. Many workers, especially in the informal sector, remained unaware of their rights. Due to limited resources for labor inspections and corruption, inspections and penalties were insufficient to deter violations of labor laws. Minimum wages and labor law disputes are settled by internal dispute resolution mechanisms as opposed to being dealt with national courts, further contributing to corruption. Penalties were not commensurate with those for similar crimes, such as fraud.

The 2019 Sindh Women Agriculture Workers Bill recognizes the rights of women who work in farming, livestock, and fisheries. The law provides for minimum wages, sick and maternity leave, set working hours, written work contracts, the right to unionize, collective bargaining, and access to social security and credit, among other protections.

The comprehensive occupational health and safety law enacted by Sindh Province in 2017 had not been implemented by year’s end. In February the Sindh cabinet allowed the Labor Department to appoint inspectors under the law, but as of November no health and safety inspectors had been appointed. Similar legislation was absent in other provinces. In September the Punjab government enacted the Medical Teaching Institute (Reform) Ordinance, which amended several existing pieces of health-care legislation and instituted boards of governors composed of private sector professionals for state-run teaching hospitals.

On July 6, the Sindh government released a 26-page Joint Investigation Team report of the 2012 Baldia factory fire that claimed the lives of 260 workers. The team reported that the fire was an act of terrorism, not an accident. The investigators revealed in the report that the factory had been set aflame over nonpayment of an extortion scheme. Two persons were convicted in September.

Nationwide, health and safety standards were poor in multiple sectors. The country’s failure to meet international health and safety standards raised doubts abroad as to its reliability as a source for imports. There was a serious lack of adherence to mine safety and health protocols. Many mines had only one opening for entry, egress, and ventilation. Workers could not remove themselves from dangerous working conditions without risking loss of employment. Informal-sector employees, such as domestic and home-based workers, were particularly vulnerable to health and safety issues. There were no statistics on workplace fatalities and accidents during the year. Factory managers were often unable to ascertain the identity of fire or other work-related accident victims because these individuals were contract workers and generally did not appear in records.

On September 7, at least 24 workers were killed when a marble mine collapsed in Mohmand, Khyber Pakhtunkhwa. Labor rights activists observed that workers often had to work in dangerous conditions and that private-sector mining companies failed to provide workers with health and safety facilities. According to the Pakistan Mine Worker Federation’s statistics, 186 coal miners died across the country in 2019. On April 14, two coal miners were killed after a trolley hit them inside a coal mine in Harnai, Balochistan. On March 20, seven coal miners were killed and three others injured in a gas explosion in a mine in Degari, Balochistan. The government did not effectively enforce occupational safety and health laws; penalties for violations of such laws were not commensurate with those for crimes like negligence.

Palau

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage (which applies only to citizens) is above the poverty line for both government and private-sector employment. Farmers and domestic helpers are exempted from the minimum wage.

The minimum wage does not apply to the informal sector, including, for example, domestic service, some categories of agricultural labor, and NGO work. It also does not apply to foreign workers, employees who are students, or temporary or probationary work by students and persons younger than 21. According to the law, employers are subject to a civil penalty for noncompliance with minimum wage requirements, in addition to the amount of taxes, social security contributions, and interest on unpaid wages. Penalties for violations of minimum wage laws were commensurate with those for similar crimes, such as fraud.

The Bureau of Labor and Human Resources has established some regulations regarding conditions of employment for foreign workers, who are entitled to one day off per week, consisting of 10 continuous hours without work between 6 a.m. and 6 p.m. The bureau may inspect workplace conditions and employer-provided housing on the specific complaint of an employee, but enforcement was inconsistent, and working conditions varied. There were continuing reports of the mistreatment of foreign workers by their employers. Foreign workers most likely to be abused were those who worked under contracts as domestic helpers, farmers, waitresses, cashiers, beauticians, hostesses in karaoke bars and massage parlors, construction workers, and other semiskilled workers, the majority of whom were from the Philippines, China, Bangladesh, Japan, and the Republic of Korea. There were approximately 7,000 foreign workers including Filipinos who make up 60 percent of the country’s total workforce. Local workers were employed in the government sector, while foreign workers, particularly from the Philippines, worked in the private sector, mainly in tourism.

Although the law states that employers shall adopt reasonable and adequate occupational safety and health rules, no law protects workers who file complaints about hazardous conditions. Foreign workers may self-censor complaints due to fear they could lose their job if they removed themselves from situations that endangered health or safety.

The Division of Labor had seven labor inspectors responsible for enforcing minimum wage laws, regulations regarding working conditions of foreign employees, and safety standards. The government did not effectively enforce the law. The number of inspectors was insufficient to enforce compliance. Inspectors have the authority to make unannounced inspections and initiate sanctions. Penalties for violations of acceptable conditions of work rules include a range of monetary fines per violation and imprisonment; these were commensurate with those for crimes like negligence.

In July, President Remengesau signed an executive order authorizing government stipends to frontline workers impacted by the COVID-19 pandemic, as compensation for time and activities that “entail an increased risk of exposure to COVID-19.”

Investigations by an Immigration and Labor Monitoring Task Force resulted in the departure of some workers who had overstayed their visas, were working without permits, or were involved in unsolvable disagreements with their employer. There were no reports of significant industrial accidents.

Panama

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage only for private-sector workers. The wage was above the poverty line. Public servants received lower wages than their private-sector counterparts. Most workers formally employed in urban areas earned the minimum wage or more. Approximately 45 percent of the working population worked in the informal sector, and some earned well below the minimum wage; the Ministry of Labor estimated COVID-19 would increase the informal labor participation in the market to as much as 55 percent by year’s end.

The law establishes a standard workweek of 48 hours, provides for at least one 24-hour rest period weekly, limits the number of hours worked per week, provides for premium pay for overtime, and prohibits compulsory overtime. There is no annual limit on the total number of overtime hours allowed. If employees work more than three hours of overtime in one day or more than nine overtime hours in a week, excess overtime hours must be paid at an additional 75 percent above the normal wage. Workers have the right to 30 days’ paid vacation for every 11 months of continuous work, including those who do not work full time.

The Ministry of Labor is responsible for setting health and safety standards. Standards were generally current and appropriate for the industries in the country. The law requires employers to provide a safe workplace environment, including the provision of protective clothing and equipment for workers. Equipment was often outdated, broken, or lacking safety devices, due in large part to a fear that the replacement cost would be prohibitive. After the beginning of the pandemic, all workplaces were required to establish a health committee to enforce the mandatory health standards established by the Ministry of Health.

The Ministry of Labor generally enforced the law in the formal sector. The inspection office consists of two groups: The Panama City-based headquarters group and the regional group. The number of inspectors and safety officers was sufficient to enforce labor laws adequately in the formal sector. As of July, due to pandemic limitations, the ministry conducted 4,060 safety inspections, a decrease of 57 percent from the same period in 2019. Fines were low and not commensurate with those for similar violations. During the year, however, the government levied fines according to the number of workers affected, resulting in larger overall fines.

Employers often hired employees under short-term contracts to avoid paying benefits that accrue to long-term employees. Employers in the maritime sector also commonly hired workers continuously on short-term contracts but did not convert them to permanent employees as required by law. The law states that employers have the right to dismiss any employee without justifiable cause during the two-year tenure term. As a result, employers frequently hired workers for one year and 11 months and subsequently dismissed them to circumvent laws that make firing employees more difficult after two years of employment. This practice is illegal if the same employee is rehired as a temporary worker after being dismissed, although employees rarely reported the practice.

Construction was the most dangerous sector for workplace accidents. Equipment was often outdated, broken, or lacking safety devices. In February a construction worker in Capira District, in the province of West Panama, died in a work-related accident. In late May another construction worker fell from the fourth floor of a building in Panama City on which he was working. He was injured but survived the accident. In June a construction worker died in an accident at the Manzanilla International Terminal in Colon. The accident occurred when a crane lifting a container onto a ship accidentally dropped it and hit the worker in the head.

Papua New Guinea

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage was above the official estimate for the poverty income level. The law regulates minimum wage levels, allowances, rest periods, holiday leave, and overtime work. The law limits the workweek to 42 hours per week in urban areas and 44 hours per week in rural areas, and it provides for premium pay for overtime work. Labor law does not apply to workers in the informal sector. The government did not effectively enforce the minimum wage and overtime law; penalties were not commensurate with those for similar crimes.

The Labor Department is responsible for enforcing the law regarding minimum wage and work hours and occupational safety and health (OSH). It sets OSH standards and is required by law to inspect work sites on a regular basis. The law does not specify protection for employees who seek to remove themselves from conditions they deem hazardous. In the case of a second or subsequent violation of wage or safety and health law, the employer is liable to a fine for each day or part of each day for which the offense continued. When an employer fails to obey an order, direction, or requirement, the court may order imprisonment of the offender until the directive is obeyed.

The government did not effectively enforce the law on OSH. The number of OSH and industrial relations inspectors was insufficient to enforce compliance. Penalties were not commensurate with those for similar violations. Violations of wage, overtime, and OSH law and regulations were common in the logging, mining, agricultural, and construction sectors due to the government’s lack of enforcement capacity. The logging industry in particular was known for extremely low wages and poor working conditions, including cramped and unhygienic worker housing. Workers in the mining sector were also subjected to hazardous and exploitative conditions, including exposure to toxic metals such as mercury.

According to World Bank data, 90 percent of the 2.9 million workers labored in rural areas, where labor law enforcement and monitoring were weak.

Paraguay

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not provide for a national minimum wage for all economic sectors, but a standard minimum wage applies to most sectors. Further, there are minimum wage standards stipulated for specific sectors such as cattle raising. The standard minimum wage was above the official estimate for the poverty income level.

The law stipulates that domestic employees work a maximum of eight hours per day. The law provides for a standard legal workweek of 48 hours (42 hours for night work) with one and one-half days of rest. There are no prohibitions of, or exceptions for, excessive compulsory overtime.

The Labor Ministry did not effectively enforce provisions for overtime pay, the minimum wage, or limitations on hours of work in the formal or the informal sector. It continued public-awareness campaigns, however, aimed at employers and workers to raise awareness of labor laws and worker rights. The number of labor inspectors was insufficient to enforce compliance with all labor laws. Penalties, which were limited to fines, were insufficient to deter violations and were not commensurate with those for similar crimes such as fraud, which could include imprisonment.

The government sets appropriate occupational safety and health (OSH) standards stipulating conditions of safety, hygiene, and comfort. Although these standards were current and appropriate for the light manufacturing and construction industries, enforcement was inadequate. Penalties for violations of OSH laws were commensurate with those for crimes such as negligence. Inspectors have the authority to make unannounced inspections and recommend sanctions.

During the first nine months of the year, the Labor Ministry’s Department of Mediation of Private Conflicts received more than 5,000 labor complaints and mediation requests, a number similar to 2019. According to media reports, many formal and informal employers violated provisions requiring severance pay when they terminated contracts during the COVID-19 national quarantine, particularly in the food and service sectors.

Between January 1 and September 30, the Labor Ministry received five reports of fatal workplace accidents: two took place in supermarkets, and one each in civil construction, restaurants, and finance.

Employers are obligated to register workers with the Labor Ministry. As of September 1, approximately 3,055 employers registered 8,964 new workers with the ministry, both numbers significantly lower than in 2019.

According to media and NGOs, many domestic workers suffered discrimination, were not paid for overtime work as required by law, and were not entitled to publicly provided retirement benefits, unlike other workers covered by the labor code. Only 15,000 of an estimated 250,000 domestic employees were registered for social security benefits. Domestic workers were eligible for government-sponsored medical care and retirement programs through payroll and employer contributions. Many employers reportedly used COVID-19 quarantine restrictions as justification for terminating domestic workers’ employment without severance pay.

Peru

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which was above the official estimate for the poverty income level. The government did not effectively enforce wage laws, and penalties were not commensurate with those for similar crimes, such as fraud.

The law provides for a 48-hour workweek and one day of rest for workers in the formal sector. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 30 calendar days of paid annual vacation. In September, Congress approved legislation that aligns the labor rights of domestic workers with the rights of regular, formal-sector workers. The new law replaces previous laws that granted diminished rights to domestic workers, such as less vacation time and smaller yearly bonuses. The new law elevates the minimum age to perform domestic service jobs to 18.

Noncompliance with labor law is punishable by fines. Penalties were not commensurate with those for similar crimes, such as fraud. According to a labor NGO and labor experts, many fines went uncollected, in part because the government lacked an efficient tracking system and at times lacked political will. Labor inspectors have the authority to make unannounced inspections and initiate sanctions.

The law has fines and criminal sanctions for occupational safety and health (OSH) violations. The government did not effectively enforce OSH laws, and penalties for these violations were not commensurate with penalties for analogous crimes such as negligence. The number of labor inspectors was not sufficient to enforce compliance. Criminal penalties are limited to cases where employers deliberately violated OSH laws, and where labor authorities had previously and repeatedly notified employers who subsequently did not adopt corrective measures. The law requires workers to prove an employer’s culpability before they can obtain compensation for work-related injuries.

In January a tanker truck transporting liquefied petroleum gas exploded in Lima, killing two and injuring dozens. Observers said the event was caused by a lack of enforcement of security and safety standards. In late June another explosion took place in an industrial complex in Arequipa where inspectors were testing a boiler, resulting in three dead workers and two injured.

During the COVID-19 pandemic, many retail workers expressed concerns regarding inadequate health and safety protections, saying employers gave them only one mask per week. More than 20 workers alleged they were unjustly dismissed after asking for better protection against COVID-19.

Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, approximately 70 percent of the total labor force, received less than the minimum wage. Most informal workers were self-employed. Nearly 90 percent of Venezuelan migrant workers were in the informal sector, most of them in suboptimal conditions and earning less than the minimum wage due to their lack of proper documentation and inability to validate their academic credentials.

Philippines

Section 7. Worker Rights

e. Acceptable Conditions of Work

Official minimum wages were below the poverty line. By law the standard workweek is 48 hours for most categories of industrial workers and 40 hours for government workers, with an eight hour per day limit. The law mandates one day of rest each week. The government mandates an overtime rate of 125 percent of the hourly rate on ordinary days, 130 percent on special nonworking days, and 200 percent on regular holidays. There is no legal limit on the number of overtime hours that an employer may require.

The law did not cover many workers, since wage boards exempted some newly established companies and other employers from the rules because of factors such as business size, industry sector, export intensity, financial distress, and capitalization level.

Domestic workers worked under a separate wage and benefit system, which lays out minimum wage requirements and payments into social welfare programs, and mandates one day off a week. While there were no reliable recent data, informed observers believed two million or more persons were employed as domestic workers, with nearly 85 percent being women or girls as young as age 15.

Penalties for noncompliance with increases or adjustments in mandatory minimum wage rates are modest fines, imprisonment of one to two years, or both. In addition to fines, the government used administrative procedures and moral persuasion to encourage employers to rectify violations voluntarily. The penalties were commensurate with similar crimes. The government did not effectively enforce minimum wage laws. Violations of minimum wage standards were common. Many firms hired employees for less than minimum wage apprentice rates, even if there was no approved training in their work. Complaints about payment under the minimum wage and nonpayment of social security contributions and bonuses were particularly common at companies in the Special Economic Zones.

The law provides for a comprehensive set of appropriate occupational safety and health standards. Regulations for small-scale mining, for example, prohibit certain harmful practices, including the use of mercury and underwater, or compressor, mining. The law provides for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment. Most labor laws apply to foreign workers, who must obtain work permits and may not engage in certain occupations.

The Labor Department’s Bureau of Working Conditions monitors and inspects compliance with labor law in all sectors, including workers in the formal and informal sectors, nontraditional laborers, as well as inspects Special Economic Zones and businesses located there. The number of labor law compliance officers, who monitor and enforce the law, including by inspecting compliance with core labor and occupational safety standards and minimum wages, was insufficient for the workforce of 42 million, particularly in rural areas. The Labor Department prioritized increasing the number of officers while acknowledging that insufficient inspection funds continued to impede its ability to investigate labor law violations effectively, especially in the informal sector and in small and medium-size enterprises.

The Labor Department continued to implement its Labor Laws Compliance System for the private sector. The system included joint assessments, compliance visits, and occupational safety and health standards investigations. Labor department inspectors conducted joint assessments with employer and worker representatives; inspectors also conducted unannounced compliance visits and occupational safety and health standards investigations. The Labor Department and the ILO also continued to implement an information management system to capture and transmit data from the field in real time using mobile technology. Violations from January to July dropped significantly from the same period in 2019 because of COVID-19 quarantine restrictions, with 3,678 for general labor standards, 1,457 for violations of minimum wage rates, and 6,908 for occupational safety and health standards. Following a deficiency finding, the Labor Department may issue compliance orders that can include a fine or, if the deficiency poses a grave and imminent danger to workers, suspend operations. Penalties were commensurate with those for similar crimes. The Labor Department’s Bureau of Working Conditions did not close any establishments during the year. Such closures require prior notification and hearings.

During the year various labor groups criticized the government’s enforcement efforts, in particular the Labor Department’s lax monitoring of occupational safety and health standards in workplaces. Between January and July, the Bureau of Working Conditions recorded 46 work-related accidents that caused 26 deaths and 2 injuries. Statistics on work-related accidents and illnesses were incomplete, as incidents were underreported, especially in agriculture.

A labor department order sets guidelines on the use of labor contracting and subcontracting. Some labor unions, however, criticized the order for not ending all forms of contractual work.

There were also gaps in the law, and the government enforced it inconsistently. Media reported, for example, problems in the implementation and enforcement of the domestic worker’s law, including a tedious registration process, an additional financial burden on employers, and difficulty in monitoring employer compliance.

The government and several NGOs worked to protect the rights of the country’s overseas citizens, most of whom were Philippine Overseas Employment Agency contract or temporary workers. Although the agency registered and supervised domestic recruiter practices, authorities often lacked sufficient resources to provide complete worker protection overseas. The Overseas Worker Welfare Administration provides support to overseas workers in filing grievances against employers via its legal assistance fund. The fund covers administrative costs that would otherwise prevent overseas workers from filing grievance complaints. Covered costs include fees for court typing and translation, visa cancellation, and contract termination.

The government continued to place financial sanctions on, and bring criminal charges against, domestic recruiting agencies found guilty of unfair labor practices.

Poland

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. There were reports of employers withholding wages or underpaying laborers under informal work agreements, particularly Ukrainian migrant workers in the construction and agriculture industries.

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

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

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. Penalties for violations were commensurate with those of other similar laws. The number of labor inspectors was not sufficient to enforce compliance. Labor inspectors had the authority to conduct unannounced inspections and initiate sanctions.

According to the inspectorate’s 2019 report, labor rights violations primarily concerned failure to pay or delayed payment of wages, failure to pay for overtime work, and failure to sign a labor contract in situations when the job performed constituted regular labor. Most wage payment violations occurred in the processing and trade services industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. Another common problem was inaccurate timekeeping records for hours worked.

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

In 2019 the NLI launched a three-year information and education campaign to improve work-related health and safety standards in meat-processing companies and continued similar programs targeting construction companies, small businesses, and agricultural employers.

Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the NLI’s 2019 report, the majority of work-related accidents occurred in industrial processing companies, at construction sites, and in trade. The report also noted poor organization of work processes, lack of proper supervision of employees, inadequate training of employees in work-related health and safety standards, and inadequate measures by employers to prevent accidents were among the leading causes of workplace accidents. The Central Statistical Office reported 83,205 victims of workplace accidents, including 184 fatal accidents during 2019.

Portugal

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage covers full-time workers, rural workers, and domestic employees who are at least 18 years of age and is above the poverty income level.

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

Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, which was above the poverty level, and also for hours of work and safety standards in the formal sector, and it effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences, were commensurate with those for similar crimes, and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where there was a large number of small or family businesses and where most immigrant workers were employed, according to NGOs. The government effectively enforced occupational safety and health (OSH) laws, and penalties for violations of OSH laws were commensurate with those for crimes such as negligence. ACT reported 83 deaths from work-related accidents in 2019, a decrease of 37 percent from 2018. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Qatar

Section 7. Worker Rights

e. Acceptable Conditions of Work

The labor law provides for a 48-hour workweek with a 24-hour rest period and paid annual leave days. The government sets occupational health and safety standards including restrictions on working during the hottest hours of the day during the summer and general restrictions related to temperature during the rest of the day as well. The labor law and provisions for acceptable conditions of work, including overtime pay provisions, do not apply to workers in the public sector or agriculture, or to domestic workers.

Responsibility for laws related to acceptable conditions of work fell primarily to the Ministry of Administrative Development, Labor, and Social Affairs as well as to the Ministry of Municipality and Environment and the Ministry of Public Health. The government did not effectively enforce standards in all sectors; working conditions for citizens were generally adequate, because government agencies and the major private-sector companies employing them generally followed the relevant laws. Enforcement problems were in part due to insufficient training and lack of personnel. Penalties were not commensurate with those for analogous violations of civil rights.

The government took limited action to prevent violations and improve working conditions. In 2018 the worker dispute settlement committees assumed their duties, chaired by first-instance judges appointed by the Supreme Judicial Council and members of the Ministry of Administrative Development, Labor, and Social Affairs. In 2019 the committees received a total of 4,922 complaints and issued final 2,781 final verdicts, up from 1,088 in 2018. More than three-quarters of verdicts favored workers.

The Labor Inspection Department conducted monthly and random inspections of foreign worker camps. When inspectors found the camps to be below minimum standards, the operators received a warning, and authorities ordered them to remedy the violations within one month. For example, after inspectors reportedly checked companies’ payrolls and health and safety practices, they returned one month later to verify any recommended changes were made. If a company had not remedied the violations, the Ministry of Administrative Development, Labor, and Social Affairs imposed fines, blacklisted the company, and on occasion referred the matter to the public prosecutor for action. Inspections in 2019 fell by nearly half compared with 2018; inspections in 2020 were further limited due to the COVID-19 pandemic.

Fear of penalties such as blacklisting appeared to have had some effect as a deterrent to some labor law violations. Blacklisting is an administrative hold on a company or individual that freezes government services such as processing new visa applications from the firms. Firms must pay moderate fine to be removed from the list–even if the dispute is resolved–and the ministry reserves the right to keep companies on the list after the fine is paid as a punitive measure.

The Ministry of Administrative Development, Labor, and Social Affairs inspectors continued to conduct inspection visits to work and labor housing sites. The number of inspectors was not sufficient to enforce compliance. Officials from the ILO joined labor inspectors on several inspections and assisted in the formation of a new strategic plan for strengthening the Labor Inspections Unit. Violators faced penalties that were insufficient to deter violations.

Employers must pay their employees electronically to provide a digital audit trail for the Ministry of Administrative Development, Labor, and Social Affairs. Employers who failed to pay their workers faced penalties. By law employees have a right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, but authorities did not effectively provide protection to employees exercising this right. Employers often ignored working-hour restrictions and other laws with respect to domestic workers and unskilled laborers, the majority of whom were foreigners.

The government did not effectively enforce these laws, and penalties were not commensurate with those for analogous crimes. Violations of wage, overtime, and safety and health standards were relatively common, especially in sectors employing foreign workers, in which working conditions were often poor. Some employers did not pay workers for overtime or annual leave. Employers housed many unskilled foreign laborers in cramped, dirty, and hazardous conditions, often without running water, electricity, or adequate food. The government continued to serve eviction notices to property owners whose buildings were not up to code. Throughout the year international media alleged some abusive working conditions existed, including work-related deaths of young foreign workers, especially in the construction sector. A Kenyan worker said his employer required him to work unpaid overtime, seven days a week, paid wages months late, and provided insufficient personal protective equipment despite a risk of exposure to COVID-19.

Domestic workers often faced unacceptable working conditions. Many such workers frequently worked seven days a week and more than 12 hours a day with few or no holidays, no overtime pay, and limited means to redress grievances. Some employers denied domestic workers food or access to a telephone, according to news reports and foreign embassy officials.

International NGOs found that foreign workers faced legal obstacles and lengthy legal processes that prevented them from seeking redress for violations and exploitative conditions. Noncitizen community leaders also highlighted migrant workers’ continued hesitation to report their plight due to fear of reprisals. On June 11, Amnesty International reported that a contracting company constructing the World Cup 2022 al-Bayt Stadium failed to pay the salaries of hundreds of its workers for seven months. On August 24, Human Rights Watch published testimonies of 93 foreign workers who alleged nonpayment of wages, forced labor, manipulation, or fraud.

On October 4, both the Ministry of Public Health and the Ministry of Administrative Development, Labor and Social Affairs published the National Policy on Occupational Safety and Health, which aims to prevent accidents, injuries, and diseases arising out of, linked with, or occurring in the course of work. In March the Supreme Committee for Delivery and Legacy, the body responsible for the 2022 FIFA World Cup, announced that nine laborers working on the World Cup facilities died in 2019, bringing the number of deaths on World Cup projects to 34, since construction began six years ago. According to the committee, 31 of the deaths were classified as “nonwork related.”

Republic of the Congo

Section 7. Worker Rights

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.

Romania

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is greater than the official estimate for the poverty income level and has nearly tripled in nominal terms since 2012. Approximately 42 percent of employees earn the minimum wage according to the labor ministry. Despite minimum wage increases, nearly one in seven employed Romanians remains at risk of poverty.

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

In response to COVID-19 restrictions, the government extended the category of eligible furlough (technical unemployment) benefits to independently registered businesspersons, lawyers, and individuals with income deriving from copyright and sports activities. Starting in August the government adopted a flexible work plan modeled after Germany’s Kurzarbeit (flexible work) program, applicable until December 31, with the aim of retaining employees on payrolls with joint government and employer contributions. The plan required employers to cover half of full-time wages and the Government of Romania to pay 75 percent of the difference between the gross wage and the basic wage paid to the employee based on the number of hours actually worked. As part of the same package, independent and seasonal workers affected by the epidemic could continue to receive 41.5 percent of the average gross wages for a limited period while day workers and SME employees also would be able to receive separate, limited payments to cover wages and teleworking equipment. Kurzarbeit and technical unemployment support was extended until June 2021.

Excessive overtime may lead to fines for employers if workers file a complaint, but complaints are rare. The law prohibits compulsory overtime. Starting during the year, the law allows for one of two caretakers of children to receive paid days off for periods when schools are closed; the income is capped at maximum 75 percent of the average economy wage.

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

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

The labor ministry, through the Labor Inspectorate, is responsible for enforcing the law on working conditions, health and safety, hours, and minimum wage rates, but it did not effectively enforce all aspects consistently. Penalties for violations of these laws were commensurate with those of other similar crimes, but were not consistently applied. Labor inspectors have the authority to make unannounced visits and initiate sanctions, but the number of inspectors was insufficient to enforce compliance in all sectors. The construction, agriculture, and small manufacturers sectors were particularly problematic sectors for both labor underreporting and neglecting health and safety standards.

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

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

In the context of the COVID-19 pandemic, additional risk bonuses were awarded to healthcare staff caring for COVID-19 patients or for those involved in pandemic response. Health sector unions and media highlighted cases in which medical staff had limited access to protective equipment. In Suceava county, lack of protective equipment and lapses in protocol led to a disproportionate outbreak among medical staff, prompting the government to implement a range of oversight and lockdown measures to contain and control the outbreak, including placing Suceava’s County Emergency Hospital under military management.

Russia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The monthly minimum wage increased to the official poverty level on January 1. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law, and nonpayment or late payment of wages remained widespread. According to the Federal State Statistics Service, Rosstat, as of October 1, wage arrears amounted to approximately 1.83 billion rubles ($23.8 million).

The law provides for standard workhours, overtime, and annual leave. The standard workweek may not exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal law. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The law stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work may not exceed four hours in a two-day period or 120 hours in a year for each employee. The government did effectively enforce minimum wage and hour laws, and penalties for violations were commensurate with those for other similar crimes.

The law establishes minimum conditions for workplace safety and worker health, but it does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working in the country to the same rights and protections as citizens.

Occupational safety and health standards were appropriate within the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses and penalties for violations were commensurate with those of other similar crimes. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted state labor inspectors needed additional professional training and that the agency needed additional inspectors to enforce consistent compliance. Inspectors had the authority to make unannounced inspections and initiate sanctions.

At the end of 2019, an estimated 13 million persons were employed in the shadow economy. Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-skilled jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally. Labor law and protections apply to workers in the informal sector.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2019 approximately 23,300 workers were injured in industrial accidents, including 1,060 deaths.

Rwanda

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no official minimum wage. The law states the Ministry of Labor may establish a minimum wage by ministerial order, but as of October 1, such an order had not been issued. Laws on working conditions applied to all workers but were seldom enforced in the informal sector.

The law provides a standard workweek of 45 hours and 18 to 21 days paid annual leave, in addition to official holidays. The law provides employers with the right to determine daily rest periods. Most employees received a one-hour lunch break. The law states female employees who have given birth are entitled to a maternity leave of at least 12 consecutive weeks. A ministerial order issued during the year states overtime is accrued after 45 hours worked per week and is compensated by a “rest period equal to the extra hours performed” within the following 30 days. If employees are not provided the rest period within 30 days, they are to be paid for hours worked. The rate for overtime work is the worker’s regular salary.

The law states employers must provide for the health, safety, and welfare of employees and visitors and that enterprises are to establish occupational safety and health committees. Authorities conducted public awareness campaigns to inform workers of their rights and highlight employers’ obligation to register employees for social security and occupational health insurance and pay into those benefit systems. Orders from the Ministry of Labor determined appropriate OSH conditions and the establishment and functioning of OSH committees.

The government did not effectively enforce the law. The number of inspectors was not sufficient to enforce labor standards effectively. The many violations reported to labor unions compared to the few actions taken by the government and employers to remedy substandard working conditions suggested penalties and enforcement were insufficient. The law was seldom applied in the informal sector.

Families regularly supplemented their incomes by working in small businesses or subsistence agriculture in the informal sector, which included more than 75 percent of all workers. Most workers in the formal sector worked six days per week. Violations of wage, overtime, and OSH standards were common in both the formal and informal sectors. Employers frequently failed to register employees for social security or occupational health insurance and pay into those benefit systems.

Workers in the subcontractor and business process outsourcing sectors were especially vulnerable to hazardous or exploitative working conditions. Statistics on workplace fatalities and accidents were not available, but ministry officials singled out mining as a sector with significant problems in implementing occupational safety and health standards. The Ministry of Labor maintained a list of dangerous professions subject to heightened safety scrutiny.

Saint Kitts and Nevis

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage was above the estimated poverty income level. The law does not prohibit excessive or compulsory overtime, but policy calls for employers to inform employees if they have to work overtime. Although not required by law, workers generally received at least one 24-hour rest period per week.

The government sets occupational safety and health (OSH) standards that were outdated but appropriate for the country’s main industries. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law also requires employers to report accidents and dangerous incidents. The government effectively enforced OSH laws, and penalties were commensurate with those for similar crimes, such as fraud. Labor inspectors have the authority to make unannounced inspections and make recommendations.

The Labor Commission settles disputes over OSH conditions. The office conducts regular workplace inspections. Violators are subject to fines, and repeat offenders are subject to prosecution. The commission undertook wage inspections and special investigations when it received complaints. If the commission found that employers violated wage regulations, penalties were generally sufficient to encourage compliance. The government reported there were no violations resulting in arrests or prosecutions.

The Ministry of Labor relied primarily on worker complaints to trigger inspections of facilities using informal labor. The number of labor inspectors was sufficient to enforce compliance. During the COVID-19 pandemic, labor inspectors were part of the National COVID-19 Compliance Task Force. The Social Security Office was responsible for registering informal workers and businesses.

Saint Lucia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a minimum wage for some sectors, including office clerks, shop assistants, and messengers. On average the sector-specific minimum wages were below the official poverty level.

The legislated workweek is 40 hours, with a maximum of eight hours per day. Special legislation covers work hours for shop assistants, agricultural workers, domestic workers, and industrial workers. Labor laws, including occupational health and safety standards, apply to all workers whether in the formal or informal sector.

The labor code provides penalties which were not commensurate with those for similar crimes, such as fraud. The government effectively enforced the law. The Ministry of Infrastructure, Ports, Energy, and Labour is charged with monitoring violations of labor law. Employers were generally responsive to ministry requests to address labor code violations, and authorities rarely levied fines. Officers effectively monitored compliance with standards governing pensions, terminations, vacation, sick leave, contracts, and hours of work. Inspectors have the authority to initiate sanctions, institute proceedings before the tribunal, or hold informal inquiries when complaints are brought to their notice. There were no reported violations of wage laws, and most categories of workers received wages higher than minimum wage, based on prevailing market conditions.

The government sets occupational safety and health (OSH) standards that are current and appropriate. The number of inspectors was not adequate to enforce compliance. Penalties for violations of OSH laws were not commensurate with those for crimes such as negligence. As of November, one workplace facility was closed for failing to meet OSH standards.

Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The ministry reported workers in energy and construction sectors sometimes faced hazardous working conditions. Officials reported three workplace-related deaths during the year. Most overtime and wage violations occurred in the construction sector. The government does not legally define or collect statistics on the informal economy.

Saint Vincent and the Grenadines

Section 7. Worker Rights

e. Acceptable Conditions of Work

Minimum wages varied by sector and type of work and were below the poverty line. The law prescribes hours of work for categories such as industrial employees (40 hours per week), professionals (44 hours per week), and agricultural workers (30 to 40 hours per week). The law provides that workers receive time-and-a-half pay for hours worked above the standard workweek. There was a prohibition against excessive or compulsory overtime, which authorities did not enforce effectively.

Workers have the right to remove themselves from unsafe work environments without jeopardizing their employment; however, the government did not effectively enforce occupational safety and health laws. Penalties for violations of these laws were not commensurate with those for analogous crimes such as negligence.

The government reported hiring an additional labor inspector and claimed it had enough inspectors to enforce the law effectively. Inspectors conducted unannounced inspections but were not authorized to levy sanctions. The frequency of inspections decreased at the beginning of the COVID-19 pandemic but returned to normal frequency by October. The Ministry of Agriculture conducted inspections and worksite visits in the agricultural sector related to occupational safety and health. The Department of Labor stated it did not have the legal authority to impose fines for violations, but it conducted follow-up inspections to assess if the shortfalls had been addressed. Judicial officials have the authority to prosecute violations of workplace law and impose fines. Workers who receive less than the minimum wage may file a claim with labor inspectors, who investigate and, if warranted, refer the matter to arbitration. The government reported receiving complaints concerning minimum wage and overtime violations in the industrial sector.

Samoa

Section 7. Worker Rights

e. Acceptable Conditions of Work

There were separate minimum wage scales for the private and public sectors. Both minimum wages were below the official estimate of the poverty income level for a household. Approximately 75 percent of the working population worked in the subsistence economy and had no formal employment.

The law covers private- and public-sector workers differently. For the private sector, the law specifies overtime pay at time and a half, with double time for work on Sunday and public holidays. For the public sector, there is no paid overtime, but authorities give compensatory time off for overtime work. The government effectively enforced wage laws, and penalties were commensurate with those for similar crimes, such as fraud.

The law establishes certain rudimentary occupational safety and health (OSH) standards for workplaces, which the Labor Ministry is responsible for enforcing. The law also covers nonworkers who are lawfully on the premises or within the workplace during work hours. The law contains provisions for the identification and assessment of, and risk control for, workplace hazards and hazardous substances. In January 2019 the Labor Ministry issued a public notice clarifying the types of hazardous work prohibited for children.

OSH laws do not generally apply to agricultural service rendered to the matai or work in a family enterprise. Government employees have coverage under different and more stringent regulations, which the Public Service Commission enforced adequately.

Independent observers reported that the Labor Ministry did not strictly enforce OSH laws, except when accidents highlighted noncompliance. It investigated work accidents when it received reports. The number of inspectors was generally sufficient to deter violations. Inspectors were able to make unannounced inspections and initiate sanctions. Penalties for violations of OSH laws were commensurate with those for crimes like negligence.

Many agricultural workers had inadequate protection from pesticides and other dangers to health. Government education and awareness programs sought to address these concerns by providing appropriate training and equipment to some agricultural workers.

The Labor Ministry investigates any potential labor law violations in response to complaints. The police and education ministries may assist if needed; the Public Service Commission handles all government labor matters.

The commissioner of labor investigates reported cases of hazardous workplaces. Workers are legally able to remove themselves from situations that endanger health or safety without jeopardy to their employment.

San Marino

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no national minimum wage. Industry-based minimum wages higher than the poverty income level existed for various industrial sectors. As a result of the COVID-19 pandemic, the government introduced many stimulus measures, including one aimed at ensuring that families achieve a minimum income, determined by the number of family members. Local labor unions complained, however, that this measure was inadequate because it did not cover the needs of lower income workers and families. Low-income individuals could apply for welfare payments.

The law provides for a standard workweek of 37.5 hours and prohibits excessive or compulsory overtime. The law provides for paid holidays and provides premium pay for overtime.

The government set appropriate safety and health standards for the main industries. The penalties for failing to comply with the safety and health regulations provided by law range from a fine to imprisonment and were generally commensurate with those for similar crimes.

The government’s Labor Office generally enforced labor standards effectively. The Office of the Labor Inspector has responsibility for receiving and investigating claims of workplace health and safety violations. A sufficient number of inspectors are responsible for identifying unsafe situations and have the authority to make unannounced visits and levy fines. The Agency for Environment and the Agency for Civil Protection are mandated to supervise the implementation of legislation on safety and health in the workplace as well as to investigate major accidents. There were a few exceptions to compliance, especially in the construction industry, where some employers did not consistently abide by safety regulations, such as workhour limitations and use of personal safety devices. Authorities did not always enforce health and safety standards in the informal sector. There were no reports of serious injuries to workers in the first 11 months of the year.

São Tomé and Príncipe

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage for public employees was above the poverty line. There is a minimum wage in the private sector that varies by sector and was above the poverty line. The legal workweek is 40 hours, with 48 consecutive hours per week mandated for rest. According to law workers earn 22 days of annual leave per year. Shopkeepers who wish to keep their stores open more than 40 hours a week may ask for an exception, which if granted requires them to pay their workers overtime or have them work in shifts. The law provides for compensation for overtime work and prescribes appropriate occupational safety and health (OSH) standards that apply to all sectors. The law specifies occupations in which civil servants may work second jobs, which was a common practice in several sectors.

The Ministry of Justice, Public Administration, and Human Rights, and the Ministry of Labor and Social Affairs are responsible for enforcement of appropriate OSH standards and for identifying unsafe situations. The government did not effectively enforce the law. Ministry of Labor inspectors have the authority to conduct unannounced inspections and initiate sanctions but were insufficient in number and training to enforce compliance. Penalties were not commensurate with those for similar violations. Inspectors lacked the necessary financial and human resources, as well as basic equipment, to conduct regular inspections. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities had limited capacity to enforce this right. As the largest employer, the government sets the standards on hours of work, and it effectively enforced OSH standards in the public sector. Approximately one-third of the labor force worked in the informal sector, which laws do not cover.

Working conditions on many of the largely family-owned cocoa farms were unregulated and harsh, with long hours for workers and exposure to the elements and hazardous conditions. Salaries depend heavily on the international price of cocoa. Cooperatives supported farmers during times of low international cocoa prices.

In construction, few workers were outfitted with appropriate personal protective equipment (boots, helmet, or gloves), and in fishing many workers did not have life vests, compasses, or safe boats. There were government programs to sell some of this equipment at greatly reduced costs or to provide it for free.

Saudi Arabia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The monthly minimum wage for public-sector employees was above the estimated poverty-income level. In November the minister of human resources announced the minimum wage for Saudis in the private sector would be set at 4,000 riyals (approximately $1,066) per month. There was no private-sector minimum wage for foreign workers.

By law a standard workday is eight hours. A standard workweek is 48 hours but can extend to 60 hours, subject to payment of overtime, which is 50 percent more than the basic wage. Labor law requires employers to provide paid holidays on Eid al-Fitr, Eid al-Adha, and Saudi National Day but does not apply to domestic workers–those sponsored by individuals rather than companies.

An estimated 10.4 million foreign workers, including approximately 1.3 million women, made up approximately 76.5 percent of the labor force, according to the General Authority for Statistics’ labor market survey for the first quarter. Legal workers generally negotiated and agreed to work conditions prior to their arrival in the country, in accordance with the contract requirements contained in the labor law.

The law provides penalties for bringing foreigners into the country to work in any service, including domestic service, without following the required procedures and obtaining a permit. The penalties were not commensurate with those for similar crimes, such as fraud.

Occupational safety and health (OSH) standards are appropriate for main industries. The labor law provides for regular safety inspections and enables ministry-appointed inspectors to make unannounced inspections, initiate sanctions, examine materials used or handled in industrial and other operations, and submit samples of suspected hazardous materials or substances to government laboratories. The government effectively enforced the law. The Ministry of Health’s Occupational Health Service Directorate worked with the Ministry of Human Resources and Social Development on health and safety matters. In accordance with Articles 121 and 122 of the labor law, employers are obligated to safeguard safety and health requirements in the workplace to protect employees from harm and disease. Regulations require employers to protect some workers from job-related hazards and disease, although some violations occurred. Penalties for violations of OSH laws were not commensurate with those for crimes of negligence. Under Article 121, punishment for labor violations can range up to 100,000 riyals (approximately $26,700) and possibly temporary or permanent closure of a business (commensurate with the punishment for vandalizing cultural or historical sites). These regulations did not cover farmers, herdsmen, domestic servants, or workers in family-operated businesses. Although the ministry employed nearly 1,000 labor inspectors, foreign workers privately reported frequent failures to enforce health and safety standards. Although statistics were unavailable, examples of major industrial accidents during the year that caused the death or serious injury to workers include local media reports from June 11 that six workers died in a water pipeline construction accident in al-Aziziah district in Riyadh and from December 16 that one worker died and three others were injured due to gas leakage in an air-conditioner shop in Riyadh.

On April 25, local media reported that the Ministry of Municipal and Rural Affairs began preparing residences belonging to the Saudi Authority for Industrial Cities and Technology Zones to be used as temporary housing for up to 29,000 workers. According to the ministry, the residences were established in response to the rapid rise in number of confirmed COVID-19 cases among expatriate workers in densely populated labor camps and neighborhoods.

The law requires that a citizen or business must sponsor foreign workers in order for them to obtain legal work and residency status, although the requirement exempts Syrian and Yemeni citizens who overstayed their visas. The Ministry of Human Resources and Social Development implemented measures allowing noncitizen workers to switch their employer to a new employer or company that employed a sufficient quota of Saudi citizens. Some workers were unaware of the new regulations and were forced to remain with their sponsor until completion of their contract or seek the assistance of their embassy to return home. There were also instances in which sponsors bringing foreign workers into the country failed to provide them with a residency permit, which undermined the workers’ ability to access government services or navigate the court system in the event of grievances. Sponsors with commercial or labor disputes with foreign employees also could ask authorities to prohibit employees from departing the country until the dispute was resolved. Authorities, however, would not jail or forcibly return fleeing workers who sought to exit the country within a 72-hour period or coordinate with their embassy for repatriation as long as the employees did not have criminal charges or outstanding fines pending against them.

Bilateral labor agreements set conditions on foreign workers’ minimum wage, housing, benefits including leave and medical care, and other topics. Those provisions were not drafted in line with international standards and varied depending on the bargaining power of the foreign workers’ country. The labor law and the law against trafficking in persons do not provide penalties commensurate with those for other analogous serious crimes, such as kidnapping.

In July the HRC, in coordination with other government bodies, conducted a large-scale awareness campaign, Together to Combat Trafficking in Persons, which included educational messages coordinated across social media platforms, print media, and television.

There were reports that some migrant workers were employed on terms to which they had not agreed and experienced problems, such as delays in the payment of wages, changes in employer, or changed working hours and conditions. Migrant workers, especially domestic workers, were vulnerable to abuse, exploitation, and conditions contravening labor laws, including nonpayment of wages, working for periods in excess of the 48-hour workweek, working for periods longer than the prescribed eight-hour workday without due compensation, and restrictions on movement due to passport confiscation. There were also reports of physical, psychological, sexual, and verbal abuse.

There were reports that some migrant workers, particularly domestic employees, were unable to exercise their right to remove themselves from dangerous situations. Some employers physically prevented workers from leaving or threatened them with nonpayment of wages if they left. Sponsoring employers, who controlled foreign workers’ ability to remain employed in the country, usually held foreign workers’ passports, a practice prohibited by law. In some contract disputes, sponsors asked authorities to prevent the employee from leaving the country until resolution of the dispute to coerce the employee into accepting a disadvantageous settlement or risking deportation without any settlement.

While some foreign workers were able to contact the labor offices of their embassies for assistance, domestic workers in particular faced challenges when attempting to gain access to their embassies, including restrictions on their freedom of movement and telephone access, confiscation of their passports, and being subjected to threats and verbal and physical abuse. During the year hundreds of primarily female domestic workers sought shelter at their embassies’ safehouses to escape physical and sexual abuse by their employers. Those workers usually sought legal assistance from their embassies and government agencies to obtain end-of-service benefits and exit visas. In addition to their embassies, some domestic servants could contact the NSHR, the HRC, the governmental Interministerial General Secretariat to Combat Human Trafficking, and the Migrant Workers’ Welfare Department, which provided services to safeguard migrant workers’ rights and protect them from abuse. Some were able to apply to the offices of regional governors and lodge an appeal with the Board of Grievances against decisions by those authorities.

In June media outlets reported that Nigeria’s National Agency for the Prohibition of Trafficking in Persons had received distress calls and evidence that Nigerian women in Saudi Arabia were subjected to cruel working conditions, unpaid salaries and other entitlements, 18-hour workdays, and hazardous duties.

Senegal

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum hourly wage was higher than the estimated poverty income rate. The Ministry of Labor is responsible for enforcing the minimum wage. Labor unions also acted as watchdogs and contributed to effective implementation of the minimum wage in the formal sector. The minimum wage provisions apply to foreign and migrant workers as well.

For most occupations in the formal sector, the law mandates a standard workweek of 40 to 48 hours, or approximately 2,100 hours per year, with at least one 24-hour rest period per week, one month per year of annual leave, enrollment in government social security and retirement plans, safety standards, and other measures. Night work is defined as activity between 10 p.m. and 5 a.m.; night workers should receive a supplementary rate of 60 percent for any night hours worked and 100 percent for any night hours worked on holidays. The law does not prohibit excessive or compulsory overtime in the formal sector.

Premium pay for overtime is required only in the formal sector. Legal regulations on industry-appropriate occupational safety and health exist, and the government sets the standards. Employees or their representatives have the right to propose whatever they assume would provide for their protection and safety and refer proposals to the competent administrative authority in case the employers refuse.

The Ministry of Labor, through the Labor Inspection Office, is responsible for enforcing labor standards in the formal sector; those who violate standards are officially subject to fines and imprisonment, but labor standards were not regularly enforced and were insufficient to deter violations. Penalties were commensurate with penalties for comparable violations. Enforcement of the workweek standard was irregular. Labor inspectors had poor working conditions and lacked transportation to conduct their mission effectively. The number of labor inspectors was insufficient to enforce compliance. Labor inspectors had the authority to hold unannounced inspections and impose penalties. Violations of wage, overtime, and occupational safety and health standards were common. Due to high unemployment and a slow legal system, workers seldom exercised their nominal right to remove themselves from situations that endangered health or safety. According to Conseil National du Patronat (National Employers Council) statistics, there were 1,700 cases related to workplace accidents in 2017 compared with approximately 1,900 cases in 2016 (the majority of which took place in Dakar); labor activists claim that number was low since the official statistic does not take into account the large number of workplace accidents in the informal sector.

Serbia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The monthly minimum wage was above the poverty level for a single-member household but below the poverty level for a household with multiple members.

The Labor Inspectorate is responsible for enforcing the minimum wage. Companies with a trade union presence generally respected minimum wage requirements because of monitoring by the union. Some smaller, private-sector employers, however, were unwilling or unable to pay minimum wages and mandatory social benefits to all their employees, leading those companies to employ unregistered, off-the-books workers. Unregistered workers, paid in cash without social or pension contributions, frequently did not report labor violations because they feared losing their jobs. Informal arrangements existed most often in the trade, hotel and restaurant, construction, agriculture, and transport sectors. The most frequently reported legal violations in the informal sector related to contractual obligations, payment of salaries, changes to the labor contract, and overtime. According to labor force survey data, informal employment represented 15.2 percent of total employment in the second quarter of the year, 4.2 percent lower than a year earlier. Independent estimates suggested the informal sector might represent up to 30 percent of the economy.

The law stipulates a standard workweek of 40 hours and provides for paid leave, annual holidays, and premium pay for night and overtime hours. A worker may have up to eight hours of overtime per week and may not work more than 12 hours in one day, including overtime. At least a 12-hour break is required between shifts during a workweek, and at least a 24-hour break is required over a weekend. The standard workweek and mandatory breaks were observed in state-owned enterprises but sometimes not in smaller, private companies, where the inspectors and unions had less ability to monitor practices.

The labor law requires that the premium for overtime work be at least 26 percent of the base salary, as defined by the relevant collective bargaining agreement. Trade unions within a company were the primary agents for enforcing overtime pay, although the Labor Inspectorate had enforcement responsibilities in companies and industries without union presence. The government did not effectively enforce minimum wage and overtime laws, and penalties were not commensurate with those for similar crimes, such as fraud.

The law requires that companies must establish a safety unit to monitor observance of regulations regarding safety and the protection of personal health. These units often focus on rudimentary aspects of occupational safety and health (such as purchasing soap and detergents), rather than on providing safety equipment for workers. In cases in which the employer did not take action, an employee may report the inaction to the Labor Inspectorate. Employers may call the Labor Inspectorate if they believe an employee’s request related to safety and health conditions is not justified.

In case of a direct threat to life and health, employees have the right to take action or to remove themselves from the job or situation without responsibility for any damage it may cause the employer and without jeopardy to their employment. For the first eight months of the year, the Labor Inspectorate completed 15,927 safety and health at work inspections. Inspectors issued 2,616 decisions on deficiencies in safety and health conditions in the workplace, including 307 decisions barring an employee from continuing to work, which was 41 percent lower than during the same period in 2019. The inspectors filed 594 requests for misdemeanor proceedings against individuals for failure to provide a safe workplace for employees, which was 45 percent lower than the same period in 2019. The Labor Inspectorate employed inspectors and was responsible for worker safety and health, but the number of inspectors was insufficient to enforce compliance.

The government enforced occupational safety and health laws with varying degrees of effectiveness. Penalties for violations were not commensurate with those of similar crimes, such as negligence. Labor inspectors were able to make unannounced inspections and initiate sanctions but were limited due to the COVID-19 pandemic. According to the Labor Inspectorate, the most common violations of workers’ rights involved work performed without an employment contract; nonpayment of salary, overtime, and benefits; employers not following procedures in terminating employment contracts; nonpayment of obligatory pension and health contributions; and employers withholding maternity leave allowances. During the first eight months of the year, the inspectorate recorded 22 workplace accidents in which an employee died. Cases of death and injury were most common in the construction, transportation and storage, agricultural, and industrial sectors of the economy.

Seychelles

Section 7. Worker Rights

e. Acceptable Conditions of Work

The government set mandatory minimum wage rates for employees in both the private and public sectors. The minimum wages were above the poverty line.

The legal maximum workweek varied from 45 to 55 hours, depending on the economic sector. Regulations entitled each full-time worker to a one-hour break per day and a minimum of 21 days of paid annual leave, including paid annual holidays. Regulations permitted overtime up to 60 additional hours per month. The law requires premium pay for overtime work.

The Ministry of Health issues comprehensive occupational health and safety regulations that are up to date and appropriate for the main industries. The law allows citizen workers to remove themselves from dangerous or unhealthy work situations, to report the employer to the Health and Safety Commission of the Department of Employment, and to seek compensation without jeopardizing their employment. The law provides for the protection of foreign workers.

The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Penalties levied were not commensurate with those prescribed for analogous violations, such as fraud.

The Ministry of Health and the Department of Employment are responsible for visiting and inspecting worksites and workers’ accommodations. An inadequate number of safety and health inspectors did not effectively enforce compliance with health and safety laws.

In 2019 nearly 19,000 migrant workers, including individuals from Bangladesh, India, China, Kenya, Madagascar, Philippines, and other countries in South Asia, made up approximately 20 percent of the working population. They were employed primarily in construction, agriculture, and commercial fishing sectors where traffickers sometimes subjected them to forced labor, including nonpayment of wages, physical abuse, fraudulent recruitment schemes, delayed payment of their salaries, and failure to provide them with adequate housing, resulting in substandard living conditions. There were also reports of passport seizures and confiscations to prevent workers from changing employers prior to the end of their two-year contracts.

In 2019 a high-level government official, his wife, and three businessmen were arrested on charges of human trafficking. The government official was convicted on a lesser charge of falsifying documents for issuing false work permits to at least 27 foreign workers in exchange for monetary compensation.

Occupational accidents occurred most frequently in the accommodations, food services, transport, and storage industries.

Sierra Leone

Section 7. Worker Rights

e. Acceptable Conditions of Work

There was a national minimum wage, but it fell below the basic poverty line in the country. The Ministry of Labor and Social Security is responsible for enforcing labor law, including the minimum wage, but the number of labor inspectors was insufficient to enforce compliance, and the penalties for noncompliance were not commensurate with those for similar crimes.

Although not stipulated by law, the customary workweek was 40 hours (60 hours for security personnel). There is no statutory definition of overtime wages to be paid if an employee’s work hours exceed 40. There is no prohibition on excessive compulsory overtime nor a requirement for paid leave or holidays.

The occupational safety and health (OSH) regulations are outdated and remained under review by the Ministry of Labor and Social Security. The government did not effectively enforce these standards in all sectors. Although the responsibility for identifying unsafe situations remains with an OSH expert and not the worker, the small number of labor inspectors was insufficient to enforce compliance. Inspectors have the authority to make unannounced inspections and initiate sanctions. Inspections were reduced due to the COVID-19 pandemic.

A union may make a formal complaint about a hazardous working condition; if the complaint is rejected, the union may issue a 21-day strike notice. The law also requires employers to provide protective clothing and safety devices to employees whose work involves “risk of personal safety or potential health hazard.” The law protects both foreign and domestic workers. The law does not provide workers with the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment, and the government took no steps to protect employees who so acted. In June frontline workers involved in the COVID-19 response went on strike over nonpayment of risk allowances that the government had committed to pay them. Doctors went on strike in July over the risk allowances as well as insufficient protective equipment provided to treat patients with COVID-19.

Violations of wage, overtime, and OSH standards were most frequent within the artisanal diamond-mining sector. Violations were common in the case of street vendors and market-stall workers, rock crushers, and day laborers, many of whom came to Freetown from elsewhere in the country to seek employment and were vulnerable to exploitation. There were numerous complaints of unpaid wages and lack of attention to injuries sustained on the job, but victims often did not know where to turn for recourse and as a result their complaints went unresolved.

Singapore

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not specify a national minimum wage for all sectors. The government, in consultation with unions and employers, has a progressive wage model, which sets wage floors and skills requirements for specific positions in cleaning, landscaping, elevator maintenance, and security services sectors. Employers must follow these pay scales as a requirement to obtain a business license. Most such wages were below the unofficial poverty line determined by the National University of Singapore’s Social Service Research Center. The government did not have an official poverty line.

The law sets the standard legal workweek at 44 hours, and requires employers to apply for an overtime exception from the Ministry of Manpower for employees to work more than 72 hours of overtime per month. Workplace protection, including paid sick leave, mandatory annual leave, and protection against wrongful dismissal, is available to all private sector employees except domestic workers and seafarers who are covered under separate laws. Foreign domestic workers must receive one rest day per week. The law also mandates benefits for part-time employees, defined as those working 35 hours per week or less. The government effectively enforced wage floor and overtime laws; penalties were lower than those for similar crimes, such as fraud.

The law establishes a framework for workplaces to comply with occupational safety and health standards, and regular inspections enforced the standards. Officials encouraged workers to report situations that endanger health or safety to the Ministry of Manpower and the law provides employees with the right to terminate employment without notice if the individual is threatened by a danger not agreed to in the contract. Inspectors have the authority to make unannounced inspections and initiate sanctions.

The Ministry of Manpower effectively enforced laws and regulations establishing working conditions and comprehensive occupational safety and health regulations. The government took action against employers for workplace violations, including for nonpayment of salaries, serious safety violations, and abuse or mistreatment of foreign domestic workers. Penalties for violating these regulations–fines and stop-work orders–were commensurate with those for similar crimes. The number of inspectors was sufficient to enforce compliance.

The majority of foreign domestic workers, mainly from the Philippines and Indonesia, worked under clearly outlined contracts. Any employer of a foreign domestic worker or a member of the employer’s family, if convicted of certain offenses against the worker, such as causing hurt or insulting the modesty of the worker, is liable to a maximum penalty of one and one-half times the mandated penalty when the victim is not a domestic worker. Nevertheless, there were reports of employers abusing or mistreating such workers (see section 7.b.). Throughout the year, the government investigated and sentenced several employers for abuse of their foreign domestic workers. In August a woman was sentenced to 21 months in jail and her husband to four months’ imprisonment for repeatedly abusing their domestic helper.

The Ministry of Manpower continued to promote training to reduce the frequency of job-related accidents in high-risk sectors such as construction, and authorities provided tax incentives to firms that introduced hazard control measures. Workplace fatalities in 2019 were the lowest since 2004, when statistics first became publicly available, with 39 recorded deaths (1.1 per 100,000 workers). Nonfatal injuries increased by 5 percent to 629 cases (18.1 per 100,000 workers). In 2019 the government issued 58 stop-work orders for workplace safety violations with an average duration of six weeks and fined almost 1,000 companies a total of S$1,426,000 ($1,045,000). The government also enforced requirements for employers to provide one rest day per week or compensation for foreign domestic workers.

In September a court sentenced Tan Wee Meng and Lee Chung Ling to two and three months’ imprisonment, respectively, for negligence that endangered the safety of workers and resulted in the death of a Bangladeshi worker in 2017. The government also issued fines and penalties and closed businesses for noncompliance by employees with temporary COVID-19 safe distancing measures.

The Work Injury Compensation Act took effect in September. This law incentivizes companies to prevent workplace injuries by permitting employers with better safety records to pay lower insurance premiums, expedites the benefit claim process for workers, and increases the size of benefit payouts to injured workers.

The Tripartite Alliance for Dispute Management, which includes the Ministry of Manpower, unions, and the employers’ federation, offers advice and mediation services to help employees and employers to manage employment disputes. The Alliance provided free advisory services to both foreign and local workers who experienced problems with employers; it provided mediation services for a fee. The ministry operated a hotline for foreign domestic workers.

Most foreign workers were concentrated in low-wage, low-skill jobs in construction, shipbuilding, services, and domestic work and were often required to work long hours. Living conditions for those workers were criticized after COVID-19 infections in purpose-built dormitories housing approximately 323,000 migrant workers accounted for more than 94 percent of the country’s total infections as of October 1. Public health experts and NGOs stated COVID-19 spread was accelerated by poor hygiene standards and the limited living space allocated to individuals in these dormitories. In response, the government used temporary COVID-19 legislation to declare dormitories with high infection rates as isolation areas, required workers to quarantine, and surged resources and support teams to dormitories. Freedom of movement for these migrant workers was restricted for more than six months during the pandemic and remained significantly more limited and controlled than for the rest of the population. In September the court fined Shaun Pang Tong Heng after he pleaded guilty to wrongful confinement of three of his Indian workers in an 11-foot by 14-foot room for 42 days during the country’s lockdown.

In June the Ministries of Manpower and National Development released a joint statement with short-, medium-, and long-term arrangements to improve living standards within dormitories and the Ministry of Manpower established a new division to support migrant workers and dormitory operations. NGOs advocated for structural changes to the work permit employment system in order to reduce the financial vulnerability and potential for exploitation of such workers.

Slovakia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage exceeds the minimum living standard (an official estimate of the poverty income level).

The law mandates a maximum workweek of 48 hours, including overtime, except for employees in the health-care sector, whose maximum workweek is 56 hours, including overtime. Worker overtime generally could not exceed 150 hours per year, except for health-care professionals who, in specific cases and under an agreement with labor unions, could work up to 250 hours overtime. Employees who worked overtime were entitled to a 25 percent premium on their hourly rate. Employees who work under conditions that endanger their health and safety are entitled to “relaxation” leave in addition to standard leave and an additional 35 percent of their hourly wage rate. Employees who work during government holidays are entitled to an additional 50 percent of their hourly rate. Employers who fail to follow wage and overtime rules face fines that were commensurate with those for similar violations. If employers fail to pay an employee, they may face imprisonment of one to five years.

Trade unions, local employment offices, and the Ministry of Labor, Social Affairs, and Family monitored observance of these laws, and authorities effectively enforced them.

The law establishes occupational safety and health standards that the Office for Labor Safety generally enforced. Workers could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Minimum wage, hours of work, and occupational safety and health standards were appropriate for the main industries and effectively enforced. Penalties were commensurate with those for similar crimes. The number of labor inspectors was sufficient to ensure compliance with the law. The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. If there are safety and security concerns found at a workplace, the inspectors may require companies to stop using equipment that poses risks until they meet safety requirements. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties. There were 88 accidents during the year that caused serious workplace injuries or death and 8,934 workplace accidents that resulted in less severe injuries.

Slovenia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national monthly gross minimum wage exceeded the poverty line. The official poverty line was increased from 662 ($794) euros to 703 euros ($823) per month for single-member households. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors minimum wage compliance and has inspection authority. According to NGOs and advocacy groups, authorities generally enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. Penalties for violations were sufficient to deter violations.

Collective agreements determined whether workers received premium pay for overtime. The law limits overtime to eight hours per week, 20 hours per month, and 170 hours per year.

The European Trade Union Confederation reported five cases of potential labor exploitation of Slovenian nationals temporarily working in other EU countries to the European Labor Authority. A local trade union confederation expressed concern that authorities issued temporary work permits for its nationals to work in other EU countries based on false pretenses and without adequately monitoring the posted employees or checking for potential violations. The trade union confederation urged the government to adopt measures to prevent and combat such violations. Common examples of such exploitation included pay discrepancies between local workers (workers who are employed by companies in the country and also work there in the country) and posted workers (workers employed by companies in the country but whose job location is in other countries of the EU joint labor market), and companies neglecting to pay social security contributions or grant paid holidays and sick leave.

Special commissions under the Ministry of Health and the Ministry of Labor, Family, Social Affairs, and Equal Opportunities set occupational health and safety standards for workers that are appropriate for the main industries in the country. Workers may remove themselves from situations that endanger health or safety without jeopardizing their employment, and authorities effectively protected employees in this situation. Workers facing hazardous working conditions included professional divers, mountain rescuers, sailors, construction workers, and miners. Workers facing exploitative working conditions included those employed in construction, the transport sector, the wood industry, and exotic dancers. The government did not effectively enforce occupational safety and health laws. Penalties for violations of these laws were not commensurate with those for crimes like negligence.

The law requires employers to protect workers injured on the job. If incapacitated, such workers may perform other work corresponding to their abilities, obtain part-time work, and receive occupational rehabilitation and wage compensation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors labor practices and has inspection authority; police are responsible for investigating violations of the law. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers who faced conditions of exploitation. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations observed that conflicts between laws governing inspection could lead to uncertainty over whether inspectors have the right to access work sites. The law requires employers to make social security payments for all workers. The Free Legal Aid Society reported that employers of migrant workers usually did not deduct social security from paychecks, leaving those workers without a future pension or access to social services. The number of inspectors was insufficient to monitor potential labor contract or occupational safety and health violations; the committee of experts and NGOs reported an urgent need to increase the number of inspectors to keep up with the workload. Labor inspectors carried out some labor contract and occupational safety and health inspections, found violations, and issued penalties. The majority of violations took place in the wood processing industry, the metal industry, construction, and bars and restaurants.

There were no major industrial accidents during the year in which workers were injured.

Solomon Islands

Section 7. Worker Rights

e. Acceptable Conditions of Work

In August 2019 the minimum wage was increased and is above the poverty level. The standard workweek is 45 hours and is limited to six days per week.

Occupational safety and health laws require employers to provide a safe working environment and forbid retribution against any employee who seeks protection under labor regulations. These laws are current and appropriate for main industries. Laws on working conditions and safety standards apply equally to foreign workers and citizens. Some workers could not remove themselves from situations that endangered their health or safety, particularly in the fishing and logging industries, without jeopardy to their employment.

The commissioner of labor in the Ministry of Commerce, Industry, Labor and Immigration, the public prosecutor, and police are responsible for enforcing labor laws and usually reacted to complaints. The government, however, did not effectively enforce labor laws. The government’s minimal human and financial resources limited its ability to enforce the law in smaller establishments, the informal economy, and the subsistence sector. While inspectors have the authority to conduct unannounced inspections, the number of labor inspectors was insufficient to monitor labor practices routinely, particularly in extractive sectors outside of the capital. An active labor movement and an independent judiciary, however, helped provide effective oversight of labor law enforcement in major state and private enterprises. The law does not specify penalties for violations, significantly weakening effective enforcement.

Workers in the logging, construction, and manufacturing industries were subject to hazardous and exploitative work.

Somalia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law does not provide for a national minimum wage.

The pre-1991 labor code provides for a standard workweek of 48 hours and at least nine paid national holidays and 15 days of annual leave. The law requires premium pay for overtime and work performed on holidays and limits overtime to a maximum of 12 hours per week.

The law sets occupational health and safety standards, although the labor trade organization FESTU claimed they were insufficient to protect workers. The law does not specifically guarantee the right of workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Ministry of Labor and Social Affairs is responsible at the federal level for establishing occupational safety and health standards and enforcement. The ministry did not effectively enforce labor laws. The ministry created a labor inspectorate this year, but no inspections were performed. Penalties were not commensurate with those for similar violations and were not applied. Violations of working condition regulations were widespread in the public and private sector.

Wages and working conditions were established largely through arrangements based on supply, demand, and the influence of workers’ clans. There was no information on the existence or status of foreign or migrant workers in the country. Approximately 95 percent of workers worked in the informal sector where labor regulations were not applied. Workers routinely exposed to hazardous conditions include electrical, transportation, and petroleum workers. Additionally, telecommunications and media workers face targeted attacks by al-Shabaab, and some informal sector workers are victims of suicide bombs.

South Africa

Section 7. Worker Rights

e. Acceptable Conditions of Work

On January 1, the country’s first national minimum wage came into effect, replacing a patchwork of sectoral minimum wages set by the Department of Labor. The minimum wage was above the official poverty line. The law protects migrant workers, and they are entitled to all benefits and equal pay. The minimum wage law also established a commission to make annual recommendations to parliament for increases in the minimum wage.

The law establishes a 45-hour workweek, standardizes time-and-a-half pay for overtime, and authorizes four months of maternity leave for women. No employer may require or permit an employee to work overtime except by agreement, and employees may not work be more than 10 overtime hours a week. The law stipulates rest periods of 12 consecutive hours daily and 36 hours weekly and must include Sunday. The law allows adjustments to rest periods by mutual agreement. A ministerial determination exempted businesses employing fewer than 10 persons from certain provisions of the law concerning overtime and leave. Farmers and other employers could apply for variances from the law by showing good cause. The law applies to all workers, including workers in informal sectors, foreign nationals, and migrant workers, but the government did not prioritize labor protections for workers in the informal economy.

The government set appropriate occupational health and safety (OSH) standards through the Department of Mineral Resources and Energy for the mining industry and through the Department of Labor for all other industries.

There are harsh penalties for violations of OSH laws in the mining sector. Employers are subject to heavy fines or imprisonment if convicted of responsibility for serious injury, illness, or the death of employees due to unsafe mine conditions. The law allows mine inspectors to enter any mine at any time to interview employees and audit records. The law provides for the right of mine employees to remove themselves from work deemed dangerous to health or safety. The law prohibits discrimination against a mining employee who asserts a right granted by law and requires mine owners to file annual reports providing OSH statistics for each mine, including safety incidents. Conviction of violating the mining health and safety law is punishable by two years’ imprisonment, and the law empowers the courts to determine a fine or other penalty for perjury. The Department of Mineral Resources and Energy was responsible for enforcing OSH law.

Outside the mining industry, no law or regulation permits workers to remove themselves from work situations deemed dangerous to their health or safety without risking loss of employment, although the law provides that employers may not retaliate against employees who disclose dangerous workplace conditions. Employees were also able to report unsafe conditions to the Department of Labor that used employee complaints as a basis for prioritizing labor inspections. Penalties were commensurate with those for comparable offenses. The Department of Labor is responsible for enforcing safety laws outside the mining sector.

The Department of Labor is responsible for enforcing wage standards outside the mining sector, and a tripartite Mine Health and Safety Council and an Inspectorate of Mine Health and Safety enforced such standards in the mining sector. Penalties for violations of wages and workhour laws outside the mining sector were commensurate with those for comparable offenses.

The Department of Labor employed an insufficient number of labor inspectors to enforce compliance. Labor inspectors conducted routine and unannounced inspections at various workplaces that employed vulnerable workers. Labor inspectors investigated workplaces in both the formal and informal sectors. Labor inspectors and unions reported having difficulty visiting workers on private farms.

The government did not effectively enforce the law in all sectors. OSH regulations were frequently violated in the mining sector, and compensation for injuries was erratic and slow. Penalties were commensurate with those for comparable offenses, however, not sufficient to deter violations. Unions in the agriculture sector noted their repeated attempts to have the Department of Labor fine farm owners who failed to shield workers from hazardous chemicals sprayed on crops. Although labor conditions improved on large commercial farms, COSATU and leading agricultural NGOs reported labor conditions on small farms remained harsh. Underpayment of wages and poor living conditions for workers, most of whom were black noncitizens, were common. Many owners of small farms did not measure working hours accurately, 12-hour workdays were common during harvest time, and few farmers provided overtime benefits. Amendments to the Basic Conditions of Employment Act attempted to address some labor abuses at farms. For example, changes prohibited farms from selling goods from farm-operated stores to farm employees on credit at inflated prices. During the COVID-19 pandemic, many employers cut salaries, without following the law restricting an employer’s ability to change an employee’s pay; this was especially evident with domestic workers. Most domestic workers were either subject to staying with their employers or risk losing both their income and employment.

Farm workers also reported health and sanitation concerns. In a 2017 report, the NGO Women on Farms Project stated that 63 percent of the female farm workers surveyed did not have access to bathroom facilities and were forced to seek a bush or a secluded spot. The report also included the responses of female farm workers and their children who reported suffering from health problems such as skin rashes, cholinesterase depression, poisoning, harmful effects on the nervous system, and asthma due to the pesticides to which they were exposed.

Mining accidents were common. Mine safety has steadily improved from prior decades, however. For example, 553 miners lost their lives in 1995 compared with only 51 deaths in 2019 and 81 deaths in 2018. Mining operations were scaled down significantly during the year due to the COVID-19 pandemic, particularly deep-level mining. According to the Department of Mineral Resources and Energy, between January and September, there were 37 reported fatalities and 1,053 injuries among workers in the mining industry.

In July 2019 the Constitutional Court ruled employees assigned to workplaces via a labor broker (“temporary employment service”) are employees of the client and entitled to wages and benefits equal to those of regular employees of the client.

In August 2019 the High Court of Gauteng expanded statutory workers’ compensation coverage to domestic workers for injuries suffered in the course of their employment.

South Korea

Section 7. Worker Rights

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.

South Sudan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law specifies the Ministry of Labor may establish and publish a minimum wage, or wages, for different categories of employees. There was no public information that this occurred. The law specifies normal working hours should not exceed eight hours per day and 40 hours per week and should provide premium pay for overtime.

There are no OSH standards. Workers cannot remove themselves from situations that endanger their health or safety without jeopardy to their employment. The Ministry of Labor has an Occupational Safety Branch, which consists of an office director and no staff.

A civil service provisional order applies to the public sector and outlines the rights and obligations of public-sector workers, including benefits, salaries, and overtime. The law provides the Ministry of Labor, Public Service, and Human Resources with authority to issue the schedule of salary rates, according to which all civil servants, officials, and employees are to be paid. This pay scale had not been adjusted for several years, and due to rapid depreciation of the South Sudanese pound, most civil servants did not receive enough income to support themselves, even when their salaries were delivered on time and in full, which was infrequent. Under the law only unskilled workers are eligible for overtime pay for work in excess of 40 hours per week. Civil servants, officials, and employees working at higher pay grades were expected to work necessary hours beyond the standard workweek without overtime pay. When exceptional additional hours were demanded, the department head could grant time off in lieu of reimbursement.

The government did not enforce the law. The government neither investigated nor prosecuted wage and hour violations commensurate with those for other similar crimes. Eight employees served as both labor inspectors and adjudicators of work permits, which was not sufficient to enforce compliance. From January to March, inspectors conducted approximately three inspections per week but stopped due to the COVID-19 pandemic. Inspectors have the authority to make unannounced inspections and initiate sanctions.

According to the 2008 census, the latest data on working conditions available, 84 percent of those employed were in nonwage work. Most small businesses operated in the informal economy and widely ignored labor laws and regulations. According to the ILO, less than 12 percent of workers were in the formal sector. The formal sector included security companies, banks, telecommunications companies, and other private companies. Most workers in the country were agricultural workers, of whom approximately 70 percent were agropastoralists and 30 percent farmers. Of agricultural workers, 53 percent engaged in unpaid subsistence family farming.

In August an oil pipeline in Unity State’s Rubkona oil field ruptured and reportedly leaked for two days before it was discovered by the local community. Community leaders reported crude oil leakages over a 1.5 square mile area and contamination of water sources. Accidents were most prevalent in artisanal mining and construction. Widespread oil spillage and other chemical pollution, including arsenic and lead, near oil production facilities negatively affected the health of workers and others who lived nearby.

Spain

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which barely met the poverty level in 2019. In June the government approved an increase to the minimum living wage, which will guarantee an income of between 461 euros ($553) and 1,015 euros ($1,218) for approximately 850,000 households. The measure aimed to reduce extreme poverty in the country by 80 percent.

The government effectively enforced minimum wage, hours of work, and occupational safety and health (OSH) standards in the formal economy but not in the informal economy. Penalties were commensurate with those for similar crimes, such as fraud.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Labor has technical responsibility for developing OSH standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing OSH laws through inspections and legal action if inspectors find infractions. The number of inspectors was insufficient to enforce the law in all instances, although the number of inspectors and infractions identified increased since 2014. The penalties were not sufficient to deter violations, with 45,605 violations identified in 2018, the latest year for which data was available. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included OSH in the construction sector and infractions of wages and social security benefits on workers in the informal economy. The Ministry of Labor issued specific COVID-19 guidelines addressed to self-employed persons and companies that included measures to protect the health of workers.

In 2019 the Ministry of Labor recorded 650,602 workplace accidents, of which authorities considered 4,518 as serious but nonfatal. There were 716 fatal accidents, 13 fewer than in 2018.

Through July the Ministry of Labor recorded 263,434 workplace accidents, of which 418 were fatal accidents, 47 more than the same period in 2019.

During the government-decreed state of alarm, many domestic workers reportedly were dismissed from their employment in Madrid because they were unable to obtain the required employer-provided paperwork to travel between city districts due to their irregular status. Prior to the pandemic, the UN special rapporteur on extreme poverty and human rights in February described extremely poor living conditions for seasonal migrant workers in Huelva, including the lack of clean water and electricity, as well as inadequate sanitary conditions. Rights groups had long criticized migrant worker conditions in Huelva, noting exploitative labor conditions, physical abuse, sexual assaults, and racism.

After the Moroccan government closed its borders in March due to the COVID-19 pandemic, an estimated 7,100 Moroccan seasonal strawberry pickers, mostly women, were trapped in Huelva in unsanitary and overcrowded conditions, unable to repatriate following the termination of their contracts in mid-June. On July 15, the Spanish and Moroccan governments announced an agreement to repatriate the workers.

Sri Lanka

Section 7. Worker Rights

e. Acceptable Conditions of Work

The parliament passed its first-ever national minimum wage law in 2015. The Department of Labor’s wage boards continued to set minimum wages and working conditions by sector and industry in consultation with unions and employers. Public-sector salary was 34,550 rupees ($186). The minimum private-sector and public-sector wages were above the government’s official poverty line.

The law prohibits most full-time workers from regularly working more than 45 hours per week (a five-and-one-half-day workweek). In addition, the law stipulates a rest period of one hour per day. Regulations limit the maximum overtime hours to 15 per week. Overtime pay is 1.5 times the basic wage and is paid for work beyond 45 hours per week and work on Sundays or holidays. The provision limiting basic work hours is not applicable to managers and executives in public institutions. The law provides for paid annual holidays.

Enforcement of minimum wage and overtime laws was insufficient. Under the Shop and Office Act, penalties for violating hours of work laws are a fine of 500 rupees ($2.89), six months’ imprisonment, or both. The law provides for a fine of 50 rupees ($0.29) per day if the offense continues after conviction. These penalties were commensurate with those for similar crimes, such as fraud. Labor inspectors did not monitor wages or working conditions or provide programs or social protections for informal-sector workers. In 2018 amendments to the factory’s ordinance and the wages board ordinance increased fines for nonpayment of salaries to workers under the purview of the wages board to between 5,000 rupees ($27) and 10,000 rupees ($55), along with imprisonment not exceeding one year.

The government sets occupational health and safety standards. Workers have the right to remove themselves from dangerous situations, but many workers had no knowledge of such rights or feared that they would lose their jobs if they did so.

Authorities did not effectively enforce occupational safety and health standards in all sectors. Penalties for violations of occupational safety and health laws were commensurate with those for crimes such as negligence. The Labor Ministry’s resources, inspections, and remediation efforts were insufficient. The number of labor inspectors was insufficient for the country’s workforce. Occupational health and safety standards in the rapidly growing construction sector, including infrastructure development projects, such as port, airport, and road construction, as well as high-rise buildings, were insufficient. Employers, particularly those in the construction industry, increasingly used contract employment for work of a regular nature, and contract workers had fewer safeguards. According to the 2019 Labor Survey, approximately 62 percent of the country’s workforce was employed informally, and legal entitlements enjoyed by formal-sector workers such as Employees Provident Fund, Employees Trust Fund, paid leave, gratuity payments, and security of employment, were not available to a large majority of the aggregate workforce in the country.

Labor Ministry inspectors verified whether employers fully paid employees and contributed to pension funds as required by law. Unions questioned, however, whether the ministry’s inspections were effective. The Labor Department used a computerized labor information system application designed to improve the efficiency and effectiveness of inspections, but officials and trade unions noted concerns that the system was not well maintained.

When the government imposed a countrywide lockdown on March 20 due to COVID-19, employers in FTZs forced workers to continue working until cases spread and workers protested. After one month, several large companies resumed work, putting workers in unsafe conditions amid rising COVID-19 infections. The workers did not received their wages for March and April when they returned. Factory workforces experienced serious job cuts.

Sudan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The government sets a minimum wage, which is below the poverty line. In April the CLTG increased the minimum monthly wages for the workers in the public sector from SDG 425 ($8) to SDG 3,000 ($56). Although meant to reduce the burden of the cost of living, by November the action increased the inflation rate to 299 percent.

Employers generally respected the minimum wage law in the formal sector. Wages in the informal sector were often significantly below the official rate. Enforcement by the Ministry of Labor and Social Development was minimal. Inspections and enforcement were inadequate in both the formal and informal sectors.

The law limits the workweek to 40 hours (five eight-hour days, not including a 30-minute to one-hour daily break), with days of rest on Friday and Saturday. Overtime should not exceed 12 hours per week or four hours per day. The law provides for paid annual leave after one year of continuous employment and paid holidays after three months.

The laws prescribe occupational safety and health standards. Any industrial company with 30 to 150 employees must have an industrial safety officer. A larger company is required to have an industrial safety committee that includes management and employees. Committees and officers are required to report safety incidents to the Ministry of Labor and Social Development. The law requires the owner of an industrial company to inform workers of occupational hazards and provide means for protection against such hazards. Management is also required to take necessary precautions to protect workers against industrial accidents and occupational diseases. The law does not recognize the right of workers to remove themselves from dangerous work situations without loss of employment. Some heavy industry and artisanal mining operations, notably gold extraction, reportedly lacked sufficient safety regulations.

Safety laws do not apply to domestic servants; casual workers; agricultural workers other than those employed in the operation, repair, and maintenance of agricultural machinery; enterprises that process or market agricultural products, such as cotton gins or dairy-product factories; jobs related to the administration of agricultural projects, including office work, accounting, storage, gardening, and livestock husbandry; or to family members of an employee who live with the employee and who are completely or partially dependent on the employee for their living.

Representatives of the Eritrean and Ethiopian communities in Khartoum stated that undocumented migrants in the capital were subjected to abusive work conditions. They also reported many undocumented workers did not report abuse due to fear authorities might deport them to Eritrea because of their illegal status.

The Ministry of Labor and Social Development, which maintained field offices in most major cities, is responsible for enforcing these standards. The ministry employed labor inspectors, including specialists on labor relations, labor conflicts, and vocational, health, and recruitment practices. The government did not effectively enforce wage, hour, and occupational safety and health laws, and penalties were not sufficient to deter violations.

Suriname

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage. The minimum wage was below the World Bank poverty income level. In the private sector, most unions were able to negotiate wage increases. In 2019 the National Assembly approved a new minimum wage law. The new law calls for a National Wage Council to be established to determine the minimum wage annually. As of October the National Wage Council had not been established.

The government employed approximately 50,000 of the estimated 133,000 total formal workforce. Government employees frequently supplemented their salaries with second or third jobs, often in the informal sector.

Inspectors in the Occupational Health and Safety Division of the Ministry of Labor did not effectively enforce OSH laws in the informal sector. Penalties for violations of OSH laws were commensurate with those for crimes such as negligence.

An estimated 15 percent of the working-age population worked in the informal economy, where there was limited enforcement of labor laws. Workers in the informal sector, particularly in small-scale mining, often were exposed to dangerous conditions and hazardous substances, such as mercury.

Limited data were available on workplace accidents. The International Labor Organization, however, noted an increasing number of serious or fatal occupational accidents, as well as steps by labor inspectors to begin OSH training in mines, construction, and public service. Because of the COVID-19 pandemic and severe budgetary constraints, these trainings were put on hold. The majority of fatal occupational accidents took place in the mining sector.

The Labor Inspectorate, along with other government agencies, actively verified that businesses enforced COVID-19 prevention protocols as mandated by the government.

Workers in the formal sector may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers in the informal sector did not enjoy the same protection.

Sweden

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no national minimum wage law. Annual collective bargaining agreements set wages within industries, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

Occupational safety and health (OSH) standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker. The Swedish Work Environment Authority, a government agency, effectively enforced these standards. In 2019 the authority conducted 27,715 inspections. The number of inspectors was sufficient to enforce the law. The Swedish Work Environment Authority reported 36 industrial accidents that caused death of workers in 2019, the third lowest number in the last 20 years. In 2019 the authority took part in a cross-agency task force that made 1,833 visits to check on work permits, taxes, and working environment regulations. In 2018 the number of inspectors increased to 274.

The Swedish Work Environment Authority issued occupational health and safety regulations and trained union stewards and safety ombudsmen whom government inspectors monitored. If an employee finds that the work involves immediate and serious danger to life or health, the employee must immediately notify the employer or safety ombudsman. Workers have the right to remove themselves from unsafe conditions without jeopardy to their employment. Safety ombudsmen have authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Penalties were sufficient to deter violations.

Foreign seasonal workers, including berry pickers from Asia and Bulgaria, have faced poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines, berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their work hours. A foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation. While the situation improved in previous years as the result of cooperation between unions and employers, during the COVID-19 pandemic, some problems returned. An exploitation complaint was filed on behalf of 100 Bulgarian berry pickers in Vidsel (578 miles north of Stockholm) in July. In September a group of berry pickers from an EU member state filed two complaints to police in Berg municipality (308 miles northeast of Stockholm) over exploitation for not being paid and trafficking.

Switzerland

Section 7. Worker Rights

e. Acceptable Conditions of Work

The country has no national minimum wage, but four (Geneva, Jura, Neuenberg, and Ticino) of the 26 cantons have minimum wage laws. Collective agreements on working conditions, including sectoral minimum wages, cover approximately 40 percent of the country’s workforce. Average wages for workers and employees covered by these contracts, particularly in the clothing, hospitality, and retail industries, however, remain relatively low. Authorities effectively enforced these collective agreements, and penalties were sufficient to deter violations. Minimum wages in the agreements exceeded the poverty income level for a single person, but often did not exceed the poverty level for families with two adults and two children.

Law sets a maximum 45-hour workweek for blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The rules exclude certain professions, such as medical doctors.

To protect worker health and safety, the law contains extensive provisions that are current and appropriate for the main industries. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Federal Department of Economic Affairs, Education, and Research and cantonal labor inspectorates effectively enforced laws relating to hours of work and occupational safety and health across all sectors including the informal economy. The ministry also oversees collective bargaining agreements. The number of labor inspectors was sufficient to enforce compliance.

The courts determined fines according to the personal and economic situation of the perpetrator. Penalties were commensurate with those for similar crimes, such as fraud.

Migrant workers in low-wage jobs were more likely to experience exploitative labor practices, although the criminal code forbids human trafficking for the purpose of labor exploitation. During the year several local NGOs and international organizations expressed concern that authorities lacked the necessary resources and expertise to address adequately labor exploitation prevalent in the construction, hospitality, healthcare, and domestic-labor sectors. For example the Swiss Competence Center for Human Rights examined 12 cases that showed strong signs of labor exploitation of migrant workers, but found that only six of these cases resulted in courts confirming that labor exploitation had occurred.

Immigrant workers have the same rights as other workers. There are no special provisions or requirements for noncitizen workers apart from having legal immigration status and a valid work permit. The government did not allow individuals without legal status or work permits to work. Individuals who obtained legal status could request a work permit. Asylum seekers are usually not allowed to work until they are assigned to a canton and receive a work permit from cantonal authorities.

Syria

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law divides the public-sector monthly minimum wage into five levels based on job type or level of education, almost all of which fell below the World Bank’s poverty indicator. Benefits included compensation for meals, uniforms, and transportation. Most public-sector employees relied on bribery to supplement their income. Private-sector companies usually paid much higher wages, with lower-end wage rates semiofficially set by the regime and employer organizations. Many workers in the public and private sectors took additional manual jobs or relied on their extended families to support them.

The public-sector workweek was 35 hours, and the standard private-sector workweek was 40 hours, excluding meals and rest breaks. Hours of work could increase or decrease based on the industry and associated health hazards. The law provides for at least one meal or rest break totaling no less than one hour per day. Employers must schedule hours of work and rest such that workers do not work more than five consecutive hours or 10 hours per day in total. Employers must provide premium pay for overtime work. There was little information available on regime efforts to enforce relevant laws during the year or whether penalties for violations were commensurate with those for other analogous serious crimes, such as fraud.

The regime set occupational safety and health standards. The law includes provisions mandating that employers take appropriate precautions to protect workers from hazards inherent to the nature of work. The law does not protect workers who chose to remove themselves from situations that endanger their health or safety from losing their employment.

The Ministry of Social Affairs and Labor is responsible for enforcing the minimum wage and other regulations pertaining to acceptable conditions of work. The Ministries of Health and of Social Affairs and Labor designated officials to inspect worksites for compliance with health and safety standards. Workers could lodge complaints about health and safety conditions with special committees established to adjudicate such cases. Wage and hour regulations as well as occupational health and safety rules do not apply to migrant workers, rendering them more vulnerable to abuse.

There was little information on regime enforcement of labor law or working conditions during the year. There were no health and safety inspections reported, and even previous routine inspections of tourist facilities, such as hotels and major restaurants, no longer occurred. The enforcement of labor law was lax in both rural and urban areas, since many inspector positions were vacant due to the conflict, and their number was insufficient to cover more than 10,000 workplaces.

Before the conflict began, 13 percent of women participated in the formal labor force, compared with 73 percent of men. During the year the unemployment rate for both men and women remained above 50 percent, with millions unable to participate in the workforce due to continued violence and insecurity. During the year UNFPA reported that local female employment participation increased in areas such as Damascus, Raqqa, and Daraa, as men were detained or killed.

Foreign workers, especially domestic workers, remained vulnerable to exploitative conditions. For example, the law does not legally entitle foreign female domestic workers to the same wages as Syrian domestic workers. The Ministry of Social Affairs and Labor oversees employment agencies responsible for providing safe working conditions for migrant domestic workers, but the scope of oversight was unknown. The continued unrest resulted in the large-scale voluntary departure of foreign workers as demand for services significantly declined, but violence and lawlessness impeded some foreign workers from leaving the country.

Taiwan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The Ministry of Labor’s Basic Wage Committee sets a minimum wage that is adjusted annually. The minimum wage does not cover workers in categories not covered by the law, such as management employees, medical doctors and other healthcare workers, gardeners, bodyguards, self-employed lawyers, civil servants, contractors for local authorities, and domestic household workers. The minimum wage is above the Ministry of Health and Welfare’s poverty level, although foreign fishermen on vessels operating outside Taiwan’s territorial seas earned significantly below the national minimum wage, and NGOs reported that the monthly take-home pay of some domestic workers was as low as 6.7 percent below the official poverty level. Enacted in January, the Labor Incident Act clarified that employers, not workers, bear the burden of proof in wage and hour disputes.

Regular working hours are eight hours per day and 40 hours per week, with overtime limited to 54 hours per month. The law requires a mandatory rest interval for shift work of eight hours or longer in certain sectors and limits the number of working days to 12 days in a two-week period.

The Ministry of Labor is responsible for enforcing the labor laws in conjunction with the labor agencies of local governments. Employees in “authorized special categories” approved by the Ministry of Labor are exempt from regular working hours stipulated in the law. These include security guards, flight attendants, insurance salespersons, real estate agents, media journalists, public transport drivers, domestic workers, and caregivers. Penalties are not commensurate with those for similar crimes, such as fraud. The ministry effectively enforced is minimum wage and overtime laws.

To respond to concerns from religious leaders that the law did not guarantee a day off for many of the 220,000 foreign caregivers and household workers who wished to attend religious services on a certain day of the week, in September 2019 authorities introduced a “respite care service” to provide substitute caregivers on a per-day basis. Ministry of Labor statistics show employers utilized 23,882 respite-care days in 2019.

The law provides for occupational safety and health standards that are appropriate for the main industries in the economy. A May 2019 Labor Standards Act amendment prescribes to enterprise and dispatching agencies responsibility for occupational injury of temporary workers. The authorities effectively enforced occupational safety and health standards. Workers can remove themselves from a situation that endangers their health and safety and report to their supervisor without jeopardizing their employment. Employers, however, can terminate the employment contract if they can prove the worker abused the right to suspend work and the competent authority has affirmed the employer was in compliance. Employers are subject to civil but not criminal charges when their employees are involved in fatal accidents due to unsafe working conditions. Penalties for violations of occupational safety and health standards were commensurate with those for crimes like negligence. The freight and passenger transportation industries saw higher than average accident rates among drivers working overtime. Their employers often tried to make drivers rather than the companies liable for any accidents.

There were an insufficient number of inspectors for the number of workplaces to be inspected, despite the recruitment of additional 325 inspectors in 2019. Inspectors have the authority to make unannounced inspections. Authorities can fine employers and revoke their hiring privileges for violations of the law, and the law mandates publicizing the names of offending companies. Employers found to be in violation of labor laws during an inspection are not eligible for certain tax reductions or grants.

More than 700,000 foreign workers were employed, primarily from Indonesia, Vietnam, the Philippines, and Thailand; most were recruited through a labor broker. The Ministry of Labor is required to inspect and oversee the brokerage companies to ensure compliance. The ministry also operates a Foreign Worker Direct Hire Service Center and an online platform to allow employers to hire foreign workers without using a broker. Foreign workers may change employers in cases of exploitation or abuse.

The Taiwan International Workers’ Association complained, however, that bureaucratic red tape continued to enable brokers to extract profits from foreign workers and prevented the service center from being used more widely.

The Ministry of Labor maintained a 24-hour toll-free “1955” hotline service in six languages (Mandarin, English, Indonesian, Thai, Tagalog, and Vietnamese) where foreign workers can obtain free legal advice, request urgent relocation and protection, report abuse by employers, file complaints about delayed salary payments, and make other inquiries. All reporting cases are registered in a centralized database for law enforcement to track and intervene if necessary. Among the 186,014 calls in 2019, the hotline helped 5,322 foreign workers to reclaim a total of NT$179 million ($5.97 million) in salary payments.

Foreign workers’ associations maintained that, in spite of the existence of the hotline and authorities’ effective response record, foreign workers were often reluctant to report employer abuses for fear the employer would terminate their contract, subjecting them to possible deportation and leaving them unable to pay off their debt to recruiters.

Foreign workers generally faced exploitation and incurred significant debt burdens during the recruitment process due to excessive brokerage fees, guarantee deposits, and higher charges for flights and accommodations. Brokerage agencies often required workers to take out loans for “training” and other fees at local branches of Taiwan banks in their home countries at high interest rates, leaving them vulnerable to debt bondage. NGOs suggested the authorities should seek further international cooperation with labor-sending countries, particularly on oversight of transnational labor brokers.

Foreign fishermen were commonly subjected to mistreatment and poor working conditions. Domestic labor laws only apply to fishermen working on vessels operating within Taiwan’s territorial waters. Fishermen working on Taiwan-flagged vessels operating beyond Taiwan’s territorial waters (Taiwan’s distant-waters fishing fleet) were not afforded the same labor rights, wages, insurance, and pensions as those recruited to work within Taiwan’s territorial waters. For example, regulations only require a minimum monthly wage of $450 for these foreign fishermen in the distant water fleet, significantly below the domestic minimum wage. NGOs reported that foreign fishing crews in Taiwan’s distant-waters fishing fleet generally received wages below the required $450 per month because of dubious deductions for administrative fees and deposits.

Several NGOs, including Greenpeace and the Taiwan International Workers Association, advocated for the abolishment of this separate employment system, under which an estimated 35,000 migrant workers are employed in Taiwan’s distant-waters fishing fleet. The majority of these fishermen are recruited overseas, mostly from Indonesia and the Philippines. The United Kingdom-registered Environmental Justice Foundation conducted a survey between August 2018 and November 2019 and interviewed 71 Indonesian fishermen who had worked on 62 Taiwanese vessels. The results suggested that 24 percent of foreign fishermen suffered violent physical abuse; 92 percent experienced unlawful wage withholding; 82 percent worked overtime excessively. There were also reports fishing crew members could face hunger and dehydration and have been prevented from leaving their vessels or terminating their employment contracts.

The Fisheries Agency has officers in American Samoa, Mauritius, Fiji, Palau, South Africa, and the Marshall Islands since 2007 as well as inspectors in some domestic ports to monitor and inspect docked Taiwan-flagged long-haul fishing vessels. These Taiwan officials used a multilingual questionnaire to interview foreign fishermen and examine their labor conditions on board. The Fisheries Agency acknowledged they need further capacity building as they can currently conduct labor inspections of only 400 vessels per year.

Tajikistan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The government set a minimum monthly wage of 400 somoni ($38.80), which is below the poverty line. The legal workweek is 40 hours and the law mandates overtime payment, with the first two hours paid at a time-and-a-half rate and the remainder at double the rate, but there is no legal limit to compulsory performance of overtime.

The State Inspectorate for Supervision of Labor, Migration, and Employment under the Ministry of Labor, Migration, and Employment is responsible for the overall supervision of enforcing labor law in the country. The Ministry of Finance enforces financial aspects of the labor law, and the Agency of Financial Control of the presidential administration oversees other aspects of the law. Resources, including the number of inspectors, inspections, and remediation to enforce the law were inadequate. The State Inspectorate conducts inspections once every two years and has the authority to make unannounced inspections and initiate sanctions. In 2018, however, President Rahmon suspended all labor-related inspections in the manufacturing sector to support “entrepreneurship,” so inspections have only occurred on the basis of complaints. The Inspectorate reported just under 50 such inspections during 2020.

Penalties for violations are commensurate with those for similar crimes, but the regulation was not enforced, and the government did not pay its employees for overtime work. Overtime payment was inconsistent in all sectors of the labor force. In May police fired on Chinese mine workers in the northern region of Sughd who were protesting over the payment of overdue salaries. Despite the use of live rounds, no individuals were reported injured, and the protestors dispersed.

The State Inspectorate for Supervision of Labor, Migration, and Employment is also responsible for enforcing occupational health and safety standards. The government did not fully comply with these standards, partly because of corruption and the low salaries paid to inspectors. The law provides workers the right to remove themselves from hazardous working conditions without fear of loss of employment, but workers seldom exercised this right. Medical personnel working with COVID-19 patients were fired for complaining about a lack of access to personal proactive equipment, according to media reports. There were zero industrial accidents during the year that caused the death or serious injury to workers. Farmers and agricultural workers, accounting for more than 60 percent of employment in the country, continued to work under difficult circumstances. There was no system to monitor or regulate working conditions in the agricultural and informal sectors. Wages in the agricultural sector were the lowest among all sectors, and many workers received payment in kind. The government’s failure to ensure and protect land tenure rights continued to limit its ability to protect agricultural workers’ rights.

Tanzania

Section 7. Worker Rights

e. Acceptable Conditions of Work

The government established minimum wage standards in 2015 for employees in both the public and private sectors on the mainland, and it divided those standards into nine employment sectors. The minimum wage was above the government poverty line, but in many industries, it was below World Bank standards for what constitutes extreme poverty. The government’s poverty line has not been updated since 2012. The law allows employers to apply to the Ministry of Labor for an exemption from paying the minimum wage. The labor laws cover all workers, including foreign and migrant workers and those in the informal sector. The minimum wage on Zanzibar was above the poverty line. According to the Tanzania Mainland Poverty Assessment 2019 published by the World Bank and the Tanzania National Bureau of Statistics (NBS), the national basic needs poverty line for 2018 for the country was 49,320 TZS ($21) per adult per month (or $0.55 per day) and the food poverty line was 33,748 TZS ($14) per month ($0.50 per day).

The standard workweek is 45 hours, with a maximum of nine hours per day or six days per week. Any work in excess of these limits should be compensated with overtime pay at one-and-a-half times the employee’s regular wage. Under most circumstances, it is illegal to schedule pregnant or breastfeeding women for work between 10 p.m. and 6 a.m.

The law states employees with 12 months of employment are entitled to 28 days of paid annual leave, and it requires employee compensation for national holidays. The law prohibits excessive or compulsory overtime, and it restricts required overtime to 50 hours in a four-week period or in accordance with previously negotiated work contracts. The law requires equal pay for equal work.

Several laws regulate occupational safety and health (OSH) standards in the workplace. According to TUCTA, OSH standards are appropriate for the main industries and enforcement of these standards has improved, but challenges remained in the private sector. In March the National Audit Office released a follow-up report on a 2013 performance audit on the management of occupational health and safety in the country. The audit found the vast majority of recommendations had been fully implemented.

OSH standards, however, were not effectively enforced in the informal economy. The Occupational Safety and Health Authority did not employ sufficient inspectors. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this protection.

Workers may sue an employer if their working conditions do not comply with the Ministry of Labor’s health and environmental standards. Disputes were generally resolved through the Commission for Mediation and Arbitration. There were no exceptions for foreign or migrant workers.

Many workers did not have employment contracts and lacked legal protections. The LHRC reported many workers did not have written contracts, and those who did were often not provided with written copies of their contract. Additionally, employers often kept copies of the contracts that differed from the versions given to the employees. Companies frequently used short-term contracts of six months or less to avoid hiring organized workers with labor protections.

The government did not adequately enforce labor standards, particularly in the informal sector, where the majority of workers were employed. Penalties were insufficient to deter violations and were not commensurate with penalties for similar violations. The number of inspectors was insufficient to deter violations. Inspectors did have the authority to conduct unannounced inspections, but the penalties are imposed by the court.

In dangerous industries such as construction, employees often worked without protective equipment such as helmets, gloves, or harnesses. According to a 2008 Accident Notification Survey (latest available), the sectors with the highest rates of fatal accidents were construction and building, transport, and mining and quarrying. Domestic workers were reportedly frequent victims of abuse.

Thailand

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage was three times higher than the government-calculated poverty line. It does not apply to employees in the public sector, SOEs, domestic work, and seasonal agricultural sectors.

The maximum workweek by law is 48 hours, or eight hours per day over six days, with an overtime limit of 36 hours per week. Employees engaged in “dangerous” work, such as the chemical, mining, or other industries involving heavy machinery, may work a maximum of 42 hours per week and may not work overtime. Petrochemical industry employees may not work more than 12 hours per day but may work continuously for a maximum period of 28 days.

The law requires safe and healthy workplaces, including for home-based businesses, and prohibits pregnant women and children younger than 18 from working in hazardous conditions. The law also requires the employer to inform employees about hazardous working conditions prior to employment. Workers do not have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Legal protections do not apply equally to all sectors. For example, the daily minimum wage does not apply to employees in the public sector, SOEs, domestic work, and seasonal agricultural work. Ministerial regulations provide household domestic workers some protections regarding leave, minimum age, and payment of wages, but they do not address minimum wage, regular working hours, social security, or maternity leave. According to government statistics, 54 percent of the labor force worked in the informal economy, with limited protection under labor law and the social security system.

The DLPW enforces laws related to wages, hours of work, labor relations, and occupational safety and health. Inspectors have the authority to make unannounced inspections and issue orders to employers to comply with the law. If an employer fails to comply with the order within a specified period, inspectors have a duty to refer the case for criminal law enforcement actions. The number of labor inspectors was insufficient to enforce compliance. The law subjects employers to fines and imprisonment for minimum-wage noncompliance, but the government did not effectively enforce the law. Penalties were commensurate with or greater than those for similar crimes such as fraud.

The DLPW issued orders to provincial offices in 2018 prohibiting labor inspectors from settling cases where workers received wages and benefits less than those required by law; however, there were many reports during the year of minimum-wage noncompliance that went to mediation, where workers settled for owed wages lower than the daily minimum wage. NGOs reported contract workers in the public sector received wages below minimum wage as they were governed by separate law.

Labor inspections increasingly focused on high-risk workplaces and information received from civil society partners. Labor inspections, however, remained infrequent, and the number of labor inspectors and resources were inadequate. Trade-union leaders suggested that inspectors should move beyond perfunctory document reviews toward more proactive inspections. Rights advocates reported that provincial-level labor inspectors often attempted to mediate cases, even when labor rights violations requiring penalties had been found.

Due to the economic impact of COVID-19, union leaders estimated almost one million workers were laid off, and many workers, particularly subcontract workers and migrant workers, were laid off without receiving severance payment or advance notice as required by law.

The government did not effectively enforce minimum wage, overtime, and holiday-pay laws in small enterprises, in certain geographic areas (especially rural or border areas), or in certain sectors (especially agriculture, construction, and sea fishing). In 2019 labor unions estimated 5-10 percent of workers received less than the minimum wage; the share of workers who received less than minimum wage was likely higher among unregistered migrant workers and in the border region. Unregistered migrant workers rarely sought redress under the law due to their lack of legal status and the fear of losing their livelihood.

The law subjects employers to imprisonment and fines for violations of occupational safety and health (OSH) regulations. Penalties were commensurate with or greater than those for similar crimes such as negligence. The numbers of OSH experts and inspections were insufficient, however, with most inspections only taking place in response to complaints. The government did not effectively enforce OSH law.

Union leaders estimated 20 percent of workplaces, mostly large factories owned by international companies, complied with government OSH standards. Workplace safety instructions as well as training on workplace safety were mostly in Thai, likely contributing to the higher incidence of accidents among migrant workers. Medium-sized and large factories often applied government health and safety standards, but overall enforcement of safety standards was lax, particularly in the informal economy and among smaller businesses. NGOs and union leaders noted that ineffective enforcement was due to insufficient qualified inspectors, an overreliance on document-based inspection (instead of workplace inspection), a lack of protection against retaliation for workers’ complaints, a lack of interpreters, and a failure to impose effective penalties on noncompliant employers.

The country provides universal health care for all citizens, and social security and workers’ compensation programs to insure employed persons in cases of injury or illness and to provide maternity, disability, death, child-allowance, unemployment, and retirement benefits. Registered migrant workers in both the formal and informal labor sectors and their dependents are also eligible to buy health insurance from the Ministry of Public Health.

NGOs reported that many construction workers, especially subcontracted workers and migrant workers, were not in the social security system or covered under the workers’ compensation program because their employers failed to register them or did not transfer the payments to the social security system.

In March 2019 the Ministry of Labor issued regulations for a workers compensation plan for workplace accidents and injuries; however, the regulations do not cover vendors and domestic workers. Labor-union leaders reported that compensation for work-related illnesses was rarely granted because the connection between the health condition and the workplace was often difficult to prove.

In November 2019 a new labor-protection law for workers in the fishing industry came into effect. It required workers to have access to health-care and social security benefits and, for vessels with deck size more than 300 tonnage gross or which go out more than three days at a time, to provide adequate living conditions for workers. Social security benefits and other parts of the law, however, were not enforced pending approval of subordinate laws by the Council of State. The existing government requirements are for registered migrant fishery workers to buy health insurance and for vessel owners to contribute to the workers’ compensation fund. Since 2019 fishery migrant workers holding a border pass have been eligible for accident compensation. The lack of OSH inspections, first aid kits, and OSH training in the migrant workers’ language increased the vulnerability of fishery workers. During the year NGOs reported several cases where the navy rescued fishery workers who had been in accidents at sea.

Firms used a “subcontract labor system” under which workers sign a contract with labor brokers. By law businesses must provide subcontract laborers “fair benefits and welfare without discrimination.” Employers, however, often paid subcontract laborers less and provided fewer or no benefits.

Department of Employment regulations limit the maximum charges for recruitment fees, but effective enforcement of the rules was hindered by worker unwillingness to provide information and the lack of documentary evidence regarding underground recruitment, documentation fees, and migration costs. Exploitative employment-service agencies persisted in charging citizens working overseas illegal recruitment fees. NGOs reported that workers would often borrow this money at exorbitant interest rates from informal moneylenders.

In 2019, the latest year for which data were available, there were 94,906 reported incidents of accidents or work-related diseases. Of these, 2 percent resulted in organ loss, disability, or death. The Social Security Office reported most serious workplace accidents occurred in manufacturing, wholesale retail trade, construction, transportation, hotels, and restaurants. Observers said workplace accidents in the informal and agricultural sectors and among migrant workers were underreported. Employers rarely diagnosed or compensated occupational diseases, and few doctors or clinics specialized in them.

Tibet

Section 7. Worker Rights

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

Timor-Leste

Section 7. Worker Rights

e. Acceptable Conditions of Work

The legally set minimum monthly wage was above the official national poverty level.

The labor code provides for a standard workweek of 44 hours. Overtime cannot exceed 16 hours per week, except in emergencies, which the labor code defined as “force majeure or where such work is indispensable in order to prevent or repair serious damages for the company or for its feasibility.”

The law sets minimum standards for worker health and safety. The law provides explicitly for the right of pregnant women and new mothers to stop work that might harm their health without a decrease in pay. It does not provide other workers the right to leave a hazardous workplace without threat of dismissal. The law requires equal treatment and remuneration for all workers, including legally employed foreign workers.

The government did not effectively enforce the law. The number of inspectors was insufficient to enforce compliance. Inspectors have the authority to make unannounced inspections and initiate sanctions and undertook more than 800 inspections. Alleged violations included failure to provide maternity benefits and nonpayment of wages. The labor code does not assign specific penalties or fines for violations of wage, hour, or occupational health and safety laws. These penalties were not commensurate for similar crimes, such as fraud and negligence. Labor unions criticized inspectors for visiting worksites infrequently and for discussing labor concerns only with managers during inspections.

The law, including legislation pertaining to minimum wage, hours, and hazardous work, does not apply to the informal sector. According to data from the Ministry of Finance, the informal sector employed 72 percent of the workforce. Domestic workers, a large percentage of the working population, especially of working women, were inadequately protected and particularly vulnerable to exploitative working conditions, with many receiving less than minimum wage for long hours of work.

According to a local union, the government lacked the political will and institutional capacity to implement and enforce the labor code fully, and violations of minimum safety and health standards were common, particularly in the construction industry. There were no major industrial accidents.

Togo

Section 7. Worker Rights

e. Acceptable Conditions of Work

Representatives of the government, labor unions, and employers negotiate and endorse a nationwide agreement to set nationwide wage standards for all workers in the formal sector. The National Collective Bargaining Agreement sets minimum wages for different labor categories, ranging from unskilled through professional positions. The minimum wage is above the poverty line.

The government heavily regulates the labor market. Working hours of all employees in any enterprise, except in the agricultural sector, normally are not to exceed 40 hours per week. At least one 24-hour rest period per week is compulsory, and workers are to receive 30 days of paid leave each year. Working hours for employees in the agricultural sector are not to exceed 2,400 hours per year (46 hours per week). The law requires overtime compensation and restricts excessive overtime work. The Interprofessional Collective Convention sets minimum rates for overtime work at 120 percent of base salary for the first eight hours, rising to 140 percent for every hour after eight, 165 percent for work at nights and on Sundays and holidays, and double pay for Sunday and holiday nights. This requirement was seldom respected in the private sector.

The Ministry of Civil Service, Labor, Administrative Reform, and Social Protection is responsible for enforcement of all labor law, especially in the formal private sector. The number of labor inspectors was insufficient to enforce the law effectively. Labor inspectors did have the right to conduct unannounced inspections and impose fines. Penalties were not commensurate with penalties for similar violations.

A technical consulting committee in the Ministry of Civil Service, Labor, Administrative Reform, and Social Protection sets workplace health and safety standards. It may levy penalties on employers who do not meet labor standards, and workers have the right to complain to labor inspectors concerning unhealthy or unsafe conditions. Penalties for infractions were generally weak, and there was no evidence they deterred violations. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The law also provides protection for legal foreign workers. The law does not cover EPZ workers or workers in the informal sector, who represented a large, unregistered, nontaxpaying part of the economy. According to the Delegation of the Informal Sector Organization, a governmental entity, 80 percent of the country’s commercial trade is conducted in the informal sector, both urban and rural, which it defines as revenue-generating activity that produces both untaxed and government-regulated goods and services.

The law obliges large enterprises to provide medical services for their employees, and large companies usually attempted to respect occupational health and safety rules, while smaller ones often did not.

The government did not effectively enforce the law, and formal-sector employers often ignored applicable law. Employers often paid less than the official minimum wage, mostly to unskilled workers, and the government lacked the resources to investigate and punish violators. In 2015 an explosion at the West African Cement plant in Tabligbo killed six employees, after which workers struck for more than two months. In 2016 the Court of Tabligbo ruled the plant owners had to pay 280 million CFA francs ($475,000) to the victims’ families, but to date no remuneration has been made. The plant director of operations was prosecuted, convicted, and sentenced to eight months’ imprisonment; however, the sentence was suspended. On July 15, three machine technicians at the Port of Lome drowned in the ocean when the machine driver attempted a reverse maneuver.

Tonga

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no minimum wage, but the Ministry of Commerce, Consumer, Trade, Innovation, and Labor sets minimum wage-level guidelines. The law stipulates occupational health and safety standards for each sector, such as fisheries and agriculture. These standards are current and appropriate for main industries. Information on penalties for violations was not available. Workers can remove themselves from situations that endanger health or safety without jeopardizing their employment.

The law establishes a workweek of 40 hours, but it does not provide for overtime pay or for at least three paid holidays. Some employers, including some government offices, did pay their workers overtime, and most provided paid holidays.

The government did not effectively enforce the law. Enforcement of wage, hour and health and occupational regulations was inconsistent. The Ministry of Commerce, Consumer, Trade, Innovation, and Labor has the authority to enforce these standards in all sectors, including the informal economy; however, there were an insufficient number of inspectors to enforce compliance. Penalties for violations took the form of monetary fines, which were not effective as they were seldom applied.

Trinidad and Tobago

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage was greater than the official poverty income level.

Workers in the informal economy reported wages above the national minimum wage but reported other labor laws, including limits on the number of hours worked, were not enforced. There was a sharp drop in demand for labor, with job advertisements in print media declining by 43 percent from 2019. Although manufacturing businesses dismissed only 363 persons, they furloughed many more, along with cutting pay and reducing work hours.

The Ministry of Labour is responsible for enforcing labor laws related to minimum wage and acceptable conditions of work. The Occupational Safety and Health Agency enforced occupational safety and health (OSH) regulations. Penalties were commensurate with those for similar crimes. Resources, inspections, and penalties appeared adequate to deter violations. The labor inspectorate faced a partial moratorium during the year because of COVID-19; however, inspectors conducted follow-up telephone and virtual meetings.

OSH standards are appropriate for the main industries in the country. Responsibility for identifying unsafe situations remained with OSH experts and not the worker. The law gives workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities generally protected this right. According to government statistics, 24 fatalities and 1,403 accidents were reported from August 2019 through July.

The law establishes a 40-hour workweek, a daily period for lunch or rest, and premium pay for overtime. The law does not prohibit excessive or compulsory overtime. The law provides for paid leave, with the amount of leave varying according to length of service. Workers in the informal economy reported wages above the national minimum wage but noted that other labor laws, including on the number of hours worked, were not enforced.

Domestic workers, most of whom worked as maids and nannies, are covered by labor laws.

In July the Ministry of Labour implemented national workplace guidelines to mitigate the spread of COVID-19, including a provision for pandemic leave.

Tunisia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The labor code provides for a range of administratively determined minimum wages; the minimum wages were above the poverty income level. The Prime Ministry announced in May 2019 an increase of the guaranteed minimum wage in the industrial and agricultural sectors by 6.5 percent.

In 2015 the Ministry of Social Affairs, the UGTT, and the Tunisian Union of Agriculture and Fishing reached an agreement to improve labor conditions and salaries in agricultural work to match those in the industrial sector. The agreement allows for the protection of rural women against dangerous employment conditions, sets safety standards for handling of hazardous materials, and gives tax incentives for agricultural employers to provide training for workers.

The law sets a maximum standard 48-hour workweek for manual work in the industrial and agricultural sectors and requires one 24-hour rest period per week. For administrative jobs in the private and public sectors, the workweek is 40 hours with 125-percent premium pay for overtime. The law prohibits excessive compulsory overtime. Depending on years of service, employees are statutorily awarded 18 to 23 days of paid vacation annually. Although there is no standard practice for reporting labor-code violations, workers have the right to report violations to regional labor inspectors. The government did not adequately enforce the minimum-wage law, particularly in nonunionized sectors of the economy. The prohibition against excessive compulsory overtime was not always enforced. Penalties were not commensurate with those for similar crimes.

Special government regulations control employment in hazardous occupations, such as mining, petroleum engineering, and construction. Workers were free to remove themselves from dangerous situations without jeopardizing their employment, and they could take legal action against employers who retaliated against them for exercising this right. The Ministry of Social Affairs is responsible for enforcing health and safety standards in the workplace. Under the law all workers, including those in the informal sector, are afforded the same occupational safety and health protections. The government did not effectively enforce these health and safety standards. Regional labor inspectors were also responsible for enforcing standards related to hourly wage regulations. The number of inspectors was insufficient to enforce compliance. Penalties for violations of occupational, safety, and health laws were not commensurate with those for similar crimes.

Working conditions and standards generally were better in export-oriented firms, which were mostly foreign owned, than in those firms producing exclusively for the domestic market. According to the government and NGOs, labor laws did not adequately cover the informal sector, where labor violations were reportedly more prevalent. Temporary contract laborers complained they were not afforded the same protections as permanent employees. Credible data on workplace accidents, injuries, and fatalities were not available.

Turkey

Section 7. Worker Rights

e. Acceptable Conditions of Work

The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday/leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule. The Ministry of Family, Labor, and Social Services’ Labor Inspectorate effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. Government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries.

The government did not effectively enforce laws related to the minimum wage, working hours, and OSH in all sectors. The law did not cover workers in the informal economy, which accounted for an estimated 25 percent of GDP and more than one-quarter of the workforce. Penalties for violations were not consistently commensurate with those for similar crimes.

OSH violations were particularly common in the construction and mining industries, where accidents were frequent and regulations inconsistently enforced. The Assembly for Worker Health and Safety reported at least 1,488 workplace deaths during the first nine months of the year. These figures included COVID-19-related deaths. In many sectors workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. Overall, numbers of labor inspectors remained insufficient to enforce compliance with labor laws across the country. Inspectors were able to make unannounced inspections and initiate sanctions.

OSH laws and regulations covered both contract and unregistered workers but did not sufficiently protect them. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction. A majority of conditional refugees and Syrians under temporary protection were working informally, as employers found too burdensome the application process for work permits (see section 2.f., Protection of Refugees).

Turkmenistan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum monthly wage in all sectors was above the poverty line. The standard legal workweek is 40 hours with weekends off.

The law states overtime or holiday pay should be double the regular wage. The law prohibits pregnant women, women with children up to age three, women with disabled children younger than age 16, and single parents with two or more children from working overtime. Laws governing overtime and holiday pay were not effectively enforced. The government, as well as many private-sector employers, required workers to work 10 hours a day or a sixth day without compensation. Reports indicated many public-sector employees worked at least a half day on Saturdays. Penalties for violations of minimum wage and overtime laws were not clearly defined and there was no state agency designated for enforcement, so they were not commensurate with those for similar crimes, such as fraud. In September, RFE/RL reported due to the COVID-19 pandemic, medical personnel complained they were being forced against their will to work in quarantine zones for two-week stints while having to pay from their own pockets for personal protection equipment. In some cases experienced nurses said they were barred from leaving quarantine zones for more than two months.

The government did not set comprehensive standards for occupational health and safety. There is no state labor inspectorate. State trade unions, however, employed 14 labor inspectors, who have the right to issue improvement notices to government industries. According to the law, trade union inspectors may not levy fines, and there are no mechanisms for enforcement of improvement notices. Penalties for violations of occupational safety and health laws were not commensurate with those for crimes like negligence.

Employers did not provide construction workers and industrial workers in older factories proper protective equipment and often made these workers labor in unsafe environments. Some agricultural workers faced environmental health hazards related to the application of defoliants in preparing cotton fields for mechanical harvesting. Workers did not have the right to remove themselves from work situations that endangered their health or safety without jeopardy to their continued employment, and authorities did not protect employees in these situations. Statistics regarding work-related injuries and fatalities were not available. Radio Azatlyk reported the Ministry of Health demanded that high-level managers at medical facilities ensure that there is no discussion among their staff regarding the coronavirus or economic or political problems in the country. According to the service, the ministry demanded the managers identify staff members who violated this informal ban, suppress any dissent, and put pressure on outspoken employees through their family members.

According to the International Labor Organization, there was “gross underreporting” of occupational accidents in the country and the surrounding region. In September, Turkmen.news reported the deaths of 14 soldiers in a crash on their way to harvest pistachios in Serhetabad Province.

Tuvalu

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for the government to set a minimum wage, but the Department of Labor had not done so.

The law sets the workday at eight hours, and the Department of Labor may specify the days and hours of work for workers in various industries. Although the law provides for premium pay and overtime work, there are no established premium overtime rates or maximum hours of work. The government did not effectively enforce overtime laws. Violations are liable to a fine, a penalty that was commensurate with those for similar crimes, such as fraud.

The law provides for rudimentary health and safety standards and requires employers to provide adequate potable water, basic sanitary facilities, and medical care. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations. The government enforced standards inconsistently. Violations of occupational safety and health laws are liable to a fine, a penalty that was commensurate with those for crimes like negligence.

The Department of Labor is responsible for enforcing wage, hour, health, and safety regulations, but it did not have sufficient resources or inspectors to formally and regularly conduct workplace inspections; inspectors did follow-up when the Labor Department received complaints.

Approximately 75 percent of the working-age population lacked permanent, formal employment and worked in the informal and subsistence economy. There was no system for reporting and publishing workplace injuries or deaths.

Uganda

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law technically provides for a national minimum wage much lower than the government’s official poverty income level. This minimum wage standard was never implemented, and the level had not changed since 1984. In 2019 parliament passed a law that created mechanisms for determining and reviewing the minimum wage per sector, but parliament reported in August that the president had still declined to sign the bill, arguing that the existing law was sufficient.

The maximum legal workweek is 48 hours, and the maximum workday is 10 hours. The law provides that the workweek may be extended to 56 hours per week, including overtime, with the employee’s consent. An employee may work more than 10 hours in a single day if the average number of hours over a period of three weeks does not exceed 10 hours per day, or 56 hours per week. For employees who work beyond 48 hours in a single week, the law requires employers to pay a minimum of 1.5 times the employee’s normal hourly rate for the overtime hours, and twice the employee’s normal hourly rate for work on public holidays. For every four months of continuous employment, an employee is entitled to seven days of paid annual leave.

The law establishes appropriate occupational safety and health standards and regulations for all workers. The law authorizes labor inspectors under the Ministry of Labor’s Department of Occupational Safety and Health to access and examine any workplace unannounced, issue fines, and mediate some labor disputes. While the law allows workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment, legal protection for such workers was ineffective. According to PLA and the National Organization of Trade Unions, most workers were unaware of their employers’ responsibility to ensure a safe working environment, and many did not challenge unsafe working conditions, due to fear of losing their jobs.

Authorities did not effectively enforce labor laws on wages, hours, or safety standards, and penalties were not commensurate with those for similar violations. The legal minimum wage was never implemented, and civil society organizations reported that most domestic employees worked all year without leave. With 81 labor inspectors covering more than 130 districts, the number of inspectors was insufficient to enforce the law. The labor officers often depended on complainants and local civil society organizations to pay for their travel to inspection sites. PLA reported many of the labor officers were in fact dual-hatted as social workers and only did labor-related work when a complainant reported an abuse.

Labor officials reported that labor laws did not protect workers in the informal economy, including many domestic and agricultural workers. According to government statistics, the informal sector employed up to 86 percent of the labor force. The formal pension systems covered less than 10 percent of the working population.

PLA reported that violations of standard wages, overtime pay, or safety and health standards were common in the manufacturing sector. Workers in the mining, construction, and textile sectors faced hazardous and exploitive working conditions. During the COVID-19 lockdown, companies were given the option to house their staff onsite to reduce the movement of persons. According to staff at the Chinese-owned textile factory in Jinja, employers forced more than 400 men and women to sleep in a crowded hall, asking them to work double shifts without increasing wages and immediately firing those who complained. Staff also said their employers refused to allow them to leave the factory for the four months of lockdown. One woman accused her employer of attempting to rape her, saying she was unable to follow up on reporting the matter to police because she was confined to the factory.

There were several reports of deaths at building construction sites. On January 6, local media reported that six construction workers died and three were injured when a building under construction in Kampala caved in. Police stated it would investigate circumstances that led to the collapse but had not reported the findings by year’s end.

Ukraine

Section 7. Worker Rights

e. Acceptable Conditions of Work

The country’s annual budget establishes a government-mandated national minimum wage, which is above the poverty level. Some employees working in the informal economy received wages below the established minimum.

The labor law provides for a maximum 40-hour workweek, with a minimum 42-hour period of rest per week and at least 24 days of paid vacation per year. It provides for double pay for overtime work and regulates the number of overtime hours allowed. The law requires agreement between employers and local trade union organization on overtime work and limits overtime to four hours during two consecutive days and 120 hours per year.

The law requires employers to provide appropriate workplace safety standards. Employers sometimes ignored these regulations due to the lack of enforcement or strict imposition of penalties. The law provides workers the right to remove themselves from dangerous working conditions without jeopardizing their continued employment. Employers in the metal and mining industries often violated the rule and retaliated against workers by pressuring them to quit.

Wage arrears continued to be a major problem. A lack of legal remedies, bureaucratic wrangling, and corruption in public and private enterprises blocked efforts to recover overdue wages, leading to significant wage theft. Total wage arrears in the country increased during the year through August to 3.4 billion hryvnias ($129 million) from 2.8 billion hryvnias ($118 million) in September 2019. The majority of wage arrears occurred in the Kharkiv and Dnipropetrovsk regions. The Independent Trade Union of Miners of Ukraine reported that arrears in the coal sector had reached almost 888 million hryvnias ($32 million). Arrears and corruption problems exacerbated industrial relations and led to numerous protests.

In September 2019 the government changed the labor-related authorities of the Ministry of Social Policy and transferred responsibility for employment, labor, and labor migration to the Ministry of Economic Development, Trade, and Agriculture. Moreover, the State Labor Service (Labor Inspectorate) has also been transferred to the Ministry of Economic Development, Trade, and Agriculture.

The government did not effectively enforce minimum wage, overtime, and occupational safety and health laws. Penalties ranged from the administrative to the criminal and were not consistently applied. The number of labor inspectors was insufficient to enforce compliance and the inspectorate lacked sufficient funding, technical capacity, and professional staffing to conduct independent inspections effectively. The absence of a coordination mechanism with other government bodies also inhibited enforcement.

Labor inspectors may assess compliance based on leads or other information regarding possible unreported employment from public sources. This includes information the service learns concerning potential violations from other state agencies. For example, when tax authorities discover a disparity between a company’s workforce, its production volumes, and industry norms, they may refer the case to labor authorities who will determine compliance with labor laws.

While performing inspection visits to check potential unreported employment, labor inspectors may enter any workplace without prior notice at any hour of day or night. The law also allows labor inspectors to hold an employer liable for certain types of violations (e.g., unreported employment), empowering them to issue an order to cease the restricted activity. Labor inspectors may also visit an employer to monitor labor law compliance and inform the company and its employees about labor rights and best practices.

In August 2019 the government implemented labor legislation that expands the list of possible grounds for labor inspections conducted by the State Labor Service, its territorial bodies, and municipalities. It also allows the labor inspector not to report on the inspection visit if there is a suspicion of undeclared work. When inspectors find cases of labor violations, they are authorized to hold the perpetrator liable if there is clear evidence of labor inspection violations.

Mineworkers, particularly in the illegal mining sector, faced serious safety and health problems. Operational safety problems and health complaints were common. Lax safety standards and aging equipment caused many injuries on the job.

In the context of the pandemic, a COVID-19 infection in a medical worker was deemed a workplace accident.

During the first eight months of the year, authorities reported 3,231 individual injuries, including 296 fatalities.

Despite active fighting close to industrial areas in the government-controlled areas of the Donbas region, enterprises involved in mining, energy, media, retail, clay production, and transportation continued to operate. Fighting resulted in damage to mines and plants through loss of electricity, destroyed transformers, physical damage from shelling, and alleged intentional flooding of mines by combined Russia-led forces. Miners were especially vulnerable, as loss of electrical power could strand them underground. The loss of electrical power also threatened the operability of mine safety equipment that prevented the buildup of explosive gases.

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Crimea

United Arab Emirates

Section 7. Worker Rights

e. Acceptable Conditions of Work

There is no national minimum wage. There was very limited information on average domestic, agricultural, or construction worker salaries or on public-sector salaries. In some sectors minimum wages were determined by workers’ nationality and years of experience. According to TAMM, an online government services platform, Tadbeer Centers charged higher recruitment and sponsorship transfer fees for domestic workers of certain nationalities, including Indonesia and the Philippines.

The law prescribes a 48-hour workweek and paid annual holidays. The law states daily working hours must not exceed eight hours in day or night shifts, and it provides for overtime pay to employees working more than eight hours in a 24-hour period, with the exception of those employed in trade, hotels, cafeterias, security, domestic work, and other jobs as decided by the Ministry of Human Resources and Emiratization.

Government occupational health and safety standards require that employers provide employees with a safe work and living environment, including minimum rest periods and limits on the number of hours worked, depending on the nature of the work. For example, the law mandates a two-and-one-half-hour midday work break between June 15 and September 15, for laborers who work in exposed open areas, such as construction sites. Companies are required to make water, vitamins, supplements, and shelter available to all outdoor workers during the summer months to meet health and safety requirements. Employers who do not comply are subject to fines and suspension of operations. The government may exempt companies from the midday work break if the company cannot postpone the project for emergency or technical reasons. Such projects include laying asphalt or concrete and repairing damaged water pipes, gas lines, or electrical lines.

The Ministry of Human Resources and Emiratization was responsible for enforcing laws governing acceptable conditions of work for workers in professional and semiskilled job categories but did not do so in all sectors, including the informal sector. To monitor the private sector, the ministry had active departments for inspection, occupational safety, combating human trafficking, and wage protection. Although workplace inspection is permissible but not required under the law, oversight of the large domestic worker population, often the most vulnerable to abuse, remained a challenge, due to significant cultural barriers to entering and inspecting private households.

Workers in agriculture and other categories overseen by the Ministry of Interior come under a different regulatory regime. These workers are not covered by private- and public-sector labor law, but they have some legal protections regarding working hours, overtime, timeliness of wage payments, paid leave, health care, and the provision of adequate housing; however, enforcement of these rules was often weak. As a result, these workers were more vulnerable to unacceptable work conditions.

There was no information available on the informal economy, legal enforcement within this sector, or an estimate of its size; however, anecdotal reports indicated it was common for individuals to enter the country on a nonwork visa and join the informal job sector, subjecting them to exploitative conditions.

Sailors faced particular difficulty remedying grievances against employers. In 2018 the Federal Authority for Land and Maritime Transport announced that ship owners operating in the country’s ports were required to carry insurance contracts for all sailors on board and mandated that sailors must be deported to their home countries in case of abandonment by the ship owner. Ship owners often declare bankruptcy but refuse to sell their ships, leaving their crews cut off from both pay and regular resupply. As a result, crew members often remain on board their ships even under substandard conditions. In June 2019 the Coast Guard seized the ship MV Hoot off the coast of Khor Fakkan after it refueled in midsea, a crime under UAE law, allegedly at the instruction of the ship’s owner. In March media reports called attention to the sailors’ complaints, including unpaid salaries, harsh living conditions, lack of fresh water, and no access to medical treatment. According to local media, the ship’s owner asked the sailors to accept half of what they were owed in unpaid wages, with some sailors making as little as 6,000 AED ($1,630) a month. The crew continues to remain on board the vessel pending the issuance of a verdict in Fujairah Court.

To provide for the continuity of ship crew changes complicated by COVID-19, in August the Federal Transport Authority issued a circular opening crew changes to all ports across the country. Previously, crew changes were possible only in Dubai. The decision sought to relieve crew whose time onboard extended past the limits delineated under maritime conventions.

The Ministry of Human Resources and Emiratization conducted inspections of labor camps and workplaces such as construction sites. The government also routinely fined employers for violating the midday break rule and published compliance statistics. The penalties were not commensurate with those of fraud crimes, which carried larger fines and imprisonment. The Abu Dhabi Judicial Department and Dubai Courts employed buses as mobile courts, which traveled to labor camps to allow workers to register legal complaints. Abu Dhabi’s mobile courtroom was used for cases involving large groups or those who encountered difficulties attending court. In September 2019 the mobile courtroom settled a labor dispute, presented to the Abu Dhabi Labor Court, allowing more than 1,000 workers to recover 10 million dirhams in unpaid wages from their employer. In April the Executive Committee of the Abu Dhabi Executive Council announced the formation of the Abu Dhabi Workers Committee mandated with assessing compliance with legal statutes governing contracts, workers’ rights, salary payments and protections, and the provision of suitable living arrangements.

The government took action to address wage payment issues. Its implementation of the WPS and fines for noncompliance discouraged employers from withholding salaries to foreign workers under the jurisdiction of the Ministry of Human Resources and Emiratization. The WPS, an electronic salary transfer system, requires private institutions employing more than 100 employees to pay workers via approved banks, exchange bureaus, and other financial institutions, to assure timely and full payment of agreed wages, within 10 days of payment due date. Under the law, after 16 days of nonpayment, the Ministry of Human Resources and Emiratization freezes issuance of new work permits to the employer. If the nonpayment persists past 29 days, the ministry refers the case to the labor courts; after 60 days, a fine of 5,000 AED ($1,360) per unpaid worker is imposed, up to a maximum of 50,000 AED ($13,600). For companies employing fewer than 100 employees, the freezes, fines, and court referrals apply only after 60 days of nonpayment. The ministry monitored these payments electronically. The WPS, however, did not apply to foreign workers under the authority of the Ministry of Interior, such agricultural workers, or to domestic laborers.

The Ministry of Human Resources and Emiratization conducted site visits to monitor the payment of overtime. Violations resulted in fines and in many cases a suspension of permits to hire new workers.

The Ministry of Human Resources and Emiratization continued efforts to provide for adequate health standards and safe food and facilities in labor camps. A ministerial decree requires that employers with 50 or more employees must provide low-salaried workers (those earning less than 2,000 AED ($544) per month) with accommodations. It conducted regular inspections of health and living conditions at labor camps, stated that it issued written documentation on problems needing correction, and reviewed them in subsequent inspections. Nevertheless, some low-wage foreign workers faced substandard living conditions, including overcrowded apartments or unsafe and unhygienic lodging in labor camps. In some cases, the ministry cancelled hiring permits for companies that failed to provide adequate housing. During some inspections of labor camps, the ministry employed interpreters to assist foreign workers in understanding employment guidelines. The ministry operated a toll-free hotline in several languages spoken by foreign residents through which workers were able to report delayed wage payments or other violations. The ministry’s mobile van units also visited some labor camps to inform workers of their rights.

Emirate-level officials across the country developed programs aimed at verifying the protection of workers’ rights, security, and safety during the COVID-19 pandemic. In Abu Dhabi blue-collar workers residing in labor camps and industrial cities received free COVID-19 testing. Quarantine facilities and free health care were provided to those who tested positive. The Abu Dhabi government mandated employers to continue paying rent and food costs for all workers through August, although the government allowed drastic salary cuts. Dubai Municipality and the Dubai Health Authority instituted regulations, including thermal screening and capacity limitations on shared transportation to and from work sites, to limit the spread of COVID-19 within labor camps, and engaged in a systematic inspection campaign to verify compliance.

The government instituted a standard contract for domestic workers aimed to protect domestic workers through a binding agreement between employers and domestic workers. The contract provides for transparency and legal protections concerning issues such as working hours, time off, overtime, health care, and housing. Officials from some originating countries criticized the process, saying it prevented foreign embassies from reviewing and approving the labor contracts of their citizens. As a result, some countries attempted to halt their citizens’ travel to the UAE to assume domestic labor positions. Many entered on visit visas, however, and then adjusted status, making them vulnerable to exploitation by illegal recruiters.

The government allowed foreign workers to switch jobs without a letter of permission from their employer. Labor regulations provide foreign employees the option to work without an employment contract or, in cases in which a contract was in force, to change employer sponsors after two years, as well as within the first two years within the terms of the contract. The government designed this regulation to improve job mobility and reduce the vulnerability of foreign workers to abuse. To mitigate against potential labor abuse under the kafala (or sponsorship) system, a 2019 cabinet resolution granted domestic workers the right to terminate their employment if an employer fails to meet contractual obligations or if the employee is subject to sexual harassment or physical or verbal abuse by the employer. Despite legal measures allowing workers to change sponsors or terminate their employment, regulatory enforcement remained a problem.

The government-supported NGO EHRA promoted worker rights. It conducted unannounced visits to labor camps and work sites to monitor conditions and reported violations to the Ministry of Human Resources and Emiratization.

There were cases in which workers were injured or killed on job sites; however, authorities typically did not disclose details of workplace injuries and deaths, including the adequacy of safety measures. The Ministry of Human Resources and Emiratization routinely conducted health and safety site visits. The ministry mandated that companies with more than 15 employees submit labor injuries reports. A ministerial resolution requires private companies that employ more than 500 workers to hire at least one local as an occupational health and safety officer; companies with more than 1,000 employees must hire two health and safety officers. In addition, Dubai required construction companies and industrial firms to appoint safety officers accredited by authorized entities to promote greater site safety.

Reports of migrant worker suicides or attempted suicides continued. In some cases, observers linked the suicides to poor working and living conditions, low wages, and financial strain caused by heavy debts owed to originating-country labor recruitment agencies. Dubai police and the Dubai Foundation for Women and Children, a quasi-governmental organization, conducted vocational training programs with some elements aimed at decreasing suicidal behavior.

United Kingdom

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage for workers age 25 or older, known as the National Living Wage, is above the poverty level.

The law limits the workweek to an average of 48 hours, normally averaged over a 17-week period. The law does not prohibit compulsory overtime, but it limits overtime to the 48-hour workweek restriction. The 48-hour workweek regulations do not apply to senior managers and others who can exercise control over their own hours of work. There are also exceptions for the armed forces, emergency services, police, domestic workers, sea and air transportation workers, and fishermen. The law allows workers to opt out of the 48-hour limit, although there are exceptions for airline staff, delivery drivers, security guards, and workers on ships or boats.

The government effectively enforced the wage and hour laws. Penalties were generally commensurate with those for similar violations and inspections were sufficient to enforce compliance. Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement through the courts.

The government set appropriate and current occupational safety and health standards. The law stipulates that employers may not place the health and safety of employees at risk. The Health and Safety Executive is responsible for identifying unsafe situations, and not the worker, and inspectors had the authority to conduct unannounced inspections, levy fines, and initiate criminal proceedings. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

In response to the COVID-19 pandemic, beginning in March the government advised citizens to work from home if possible. Employers of “essential workers,” such as hospital staff, grocery store workers, and public works departments, were required to make arrangements to work safely. In July the government allowed anyone unable to work from home to return to their place of work, as long as their employer had put in place sufficient safety measures. The government issued “COVID-secure” workplace guidance for different sectors of the economy. Employers that fail to meet these standards can be reported to the local authority or the Health and Safety Executive (HSE), an arm of the Department for Work and Pensions, which can require employers to take additional steps where appropriate. Certain businesses, such as theaters and live music venues, have been ordered to close to reduce the spread of coronavirus COVID-19, contributing to a steep rise in unemployment.

The HSE effectively enforced occupational health and safety laws in all sectors including the informal economy. The fines for violations were commensurate with those for similar laws. HSE inspectors also advise employers on how to comply with the law. Employers may be ordered to make improvements, either through an improvement notice, which allows time for the recipient to comply, or a prohibition notice, which prohibits an activity until remedial action has been taken. The HSE issued notices to companies and individuals for breaches of health and safety law. The notice may involve one or more instances when the recipient failed to comply with health and safety law, each of which was called a “breach.” The HSE prosecuted recipients for noncompliance with a notice while the Crown Office and Procurator Fiscal Service (COPFS) prosecuted similar cases in Scotland. The International Labor Organization expressed concern that the number of HSE inspectors decreased in recent years, noting that the number of cases brought by the HSE had also declined.

From April 10 to October 17, there were 11,278 disease notifications of COVID-19 in workers where occupational exposure was suspected, including 162 death notifications.

Figures for April 2019 to March 2020 revealed 111 persons were fatally injured at work. An estimated 581,000 workers sustained a nonfatal injury at work according to self-reports in 2018-19. A total of 69,208 industrial injuries were reported in 2018-19 in the UK. The HSE and COPFS prosecuted 394 cases with at least one conviction secured in 364 of these cases, a conviction rate of 92 percent. Across all enforcing bodies, 11,040 notices were issued. The HSE and COPFS prosecutions led to fines totaling 54.5 million pounds ($71.9 million) compared with the 71.6 million pounds ($94.5 million) in 2017-18.

Bermuda’s legislation does not provide a minimum or living wage, and efforts to introduce one have not progressed. The Bermuda Department of Labour and Training enforces any contractually agreed wage, hours and safety and health standards. Regulations enforced by the department extensively cover the safety of the work environment, occupational safety, and health standards and are current and appropriate for the main industries. By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment. Penalties were commensurate with those for similar violations.

Uruguay

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage, and the monthly minimum wage for all workers was above the poverty line. The government effectively enforced wage laws, and penalties were commensurate with those for similar crimes, such as fraud. Formal-sector workers, including domestic and migrant workers and workers in the agricultural sector, are covered by laws on minimum wage and hours of work. These laws do not cover workers in the informal sector, who accounted for 24 percent of the workforce. Workers in the construction and agricultural sectors were more vulnerable to labor rights violations.

The law stipulates that persons cannot work more than eight hours a day, and the standard workweek for those in the industrial and retail sectors may not exceed 44 or 48 hours, with daily breaks of 30 minutes to two and one-half hours. The law requires that workers receive premium pay for work in excess of regular work schedule hours. The law entitles all workers to 20 days of paid vacation after one year of employment and to paid annual holidays, and it prohibits compulsory overtime beyond a maximum 50-hour workweek. Employers in the industrial sector are required to give workers either Sunday off or one day off every six days of work (variable workweek). Workers in the retail sector are entitled to a 36-hour block of free time each week. Workers in the rural sector cannot work more than 48 hours in a period of six days.

The Ministry of Labor is responsible for enforcing the minimum monthly wage for both public- and private-sector employees and for enforcing legislation regulating health and safety conditions. The ministry had 120 labor inspectors throughout the country, which was sufficient to enforce compliance. The number of penalties imposed for labor violations was unavailable.

The government monitors wages and other benefits, such as social security and health insurance, through the Social Security Fund and the Internal Revenue Service. The Ministry of Public Health’s Bureau of Environment and Occupational Work is responsible for developing policies to detect, analyze, prevent, and control risk factors that may affect workers’ health. In general authorities effectively enforced these standards in the formal sector but less so in the informal sector.

The Labor Ministry’s Social Security Fund monitors domestic work and may obtain judicial authorization to conduct home inspections, some unannounced, to investigate potential labor law violations and initiate sanctions if necessary. Conditions for domestic workers include labor rights, social security benefits, wage increases, and insurance benefits. Although 37 percent of domestic workers were employed in the informal sector, it was half the percentage of 10 years ago.

By law workers may not be exposed to situations that endanger their health or safety and may remove themselves from such situations without jeopardy to their employment. Government authorities and unions protected employees who removed themselves from such activities. The Ministry of Agriculture is responsible for carrying out safety and health inspections in the agricultural sector.

The Ministry of Labor sets occupational safety and health (OSH) standards, and the standards 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, such as negligence.

In some cases workers were not informed of specific hazards or employers did not adequately enforce labor safety measures.

Uzbekistan

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law provides for a national minimum wage. In January, President Mirziyoyev publicly acknowledged that between 12 and 15 percent of the population (between four and five million persons) lived at or below the poverty level. The law establishes a standard workweek of 40 hours and requires a 24-hour rest period. The law provides for paid annual holidays. The law provides overtime compensation as specified in employment contracts or as agreed with an employee’s trade union. Such compensation may be provided in the form of additional pay or leave. The law states that overtime compensation should not be less than 200 percent of the employee’s average monthly salary rate. Additional leave time should not be less than the length of actual overtime work. An employee may not work more than 120 hours of overtime per year, but this limitation was not generally observed, particularly in the public sector. The law prohibits compulsory overtime. The government effectively enforced these laws in the formal economy. Penalties for violations of wage and overtime laws were not commensurate with those for similar crimes, such as fraud. No data was available on enforcement of these laws in the informal economy. In an open letter to the authorities   posted on Telegram in July, medical workers said that compensation promised by President Mirziyoyev had not been delivered and that salaries were often delayed. The letter also said that testing for COVID-19 among medical workers was uneven, raising the risk that they could spread the virus.

The Ministry of Employment and Labor Relations establishes and enforces occupational health and safety standards in consultation with unions. According to the law, health and safety standards should be applied in all sectors. The government effectively enforced these laws in the formal economy. No data was available on enforcement of these laws in the informal economy. Penalties for violations of occupational health and safety laws were not commensurate with those for crimes, such as negligence.

Employers are responsible for ensuring compliance with standards, rules, and regulations on labor protection as well as obligations under collective agreements.

On October 20, thousands of workers rioted at an industrial facility under construction. The riots started after the employer, Enter Engineering Pte. Ltd., failed to provide employees with food that evening, which added to the workers’ frustration over unpaid salaries. The law provides that workers may legally remove themselves from hazardous work if an employer fails to provide adequate safety measures for the job, and the employer must pay the employee during the time of the work stoppage or provide severance pay if the employee chooses to terminate employment. Workers generally did not exercise this right because it was not effectively supported and employees feared retribution by employers. The law requires employers to protect against civil liability for damage caused to the life or health of an employee in connection with a work injury, occupational disease, or other injury to health caused by the employee’s performance on the job. In addition, a company’s employees have the right to demand, and the administration is obliged to provide them with, information on the state of working conditions and safety at work, available personal protection means, benefits, and compensations.

The number of labor inspectors increased throughout the year, and there was a rise in the number of public complaints received as well as penalties issued.

The Ministry of Employment and Labor Relations maintains protocols requiring investigation into labor complaints within five business days. The ministry or a local governor’s office could initiate a selective inspection of a business, and special inspections were conducted in response to accidents or complaints. Inspectors do have the authority to make unannounced inspections and initiate sanctions. Reports suggested that enforcement was uneven because of the difficulty and size of the informal economy, where employment was usually undocumented. Despite an increase in the number of labor inspectors, the Ministry of Employment and Labor Relations lacked adequate staff to enforce compliance and prevent many violations in the informal sector.

The government continued with the extension of the ILO’s Decent Work Country Program. The most common labor violations were working without contracts, receiving lower than publicly announced payments, delayed payments, and substandard sanitary or hygienic working conditions.

Many employees had official part-time or low-income jobs and many continued to work informally. The government worked to shift more of the economy from informal to the formal economy and to provide labor and social protections to those working informally.

The most common violations committed by private sector employers were violations of wage, overtime, and occupational health and safety standards. Although regulations provide standards for workplace safety, workers reportedly worked without necessary protective clothing and equipment at some hazardous job sites. More specific information was not available on sectors in which occupational safety violations were common, as well as on specific groups of workers who worked in dangerous conditions or without needed safety equipment. In July media reported doctors, nurses, and workers at quarantine centers were being forced to sign waiver letters promising not to make claims against the government if they contracted COVID-19. In March the country joined the Commonwealth of Independent States’ Interstate Council for Industrial Safety to improve its industry safety standards. The government did not provide statistics on industrial accidents.

Vanuatu

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage is above the national poverty income level.

The law provides for a 44-hour maximum workweek, and the total number of hours worked, including overtime, should not exceed 56 hours per week. Workers must receive more than three days’ paid annual holidays. The law provides for a premium of 50 to 75 percent more than the normal rate of pay for overtime work. Penalties for wage and hour violations are not commensurate with those for similar crimes.

The law includes provisions for occupational safety standards, which are up to date and appropriate for the main sectors. Legal provisions on working conditions and safety standards apply equally to foreign workers and citizens in the formal sector. Inspectors have the right to make unannounced inspections and initiate sanctions. Application of safety and health provisions was inadequate to protect workers engaged in logging, agriculture, construction, and manufacturing. While workers have the legal right to remove themselves from dangerous situations, the government did not protect workers in this situation.

The government did not effectively enforce the wage, overtime, or occupational safety and health law, especially in the informal sector. Penalties for violations of occupational safety and health laws were commensurate with those for similar crimes. The labor commissioner stated that most companies complied with the wage rate and inspectors conducted routine inspections to determine that minimum wages were paid. The number of inspectors was not sufficient to deter violations. Penalties were not sufficient to deter violations. The government did not receive any formal complaints of violations regarding minimum wage, hours of work, or safety standards during the year.

Many companies in logging, agriculture, construction, and manufacturing did not provide personal safety equipment and standard scaffolding for workers.

Venezuela

Section 7. Worker Rights

e. Acceptable Conditions of Work

The illegitimate Maduro regime raised the national minimum wage, but it remained below the poverty line. Labor experts noted the unilateral nature of the decision contravened ILO Convention No. 26 requiring the government to consult with employers and workers prior to enacting wage increases. Legislators noted the decree violated the law, since it supplanted collective bargaining agreements. Union leaders from the petroleum, health, telecommunications, and electricity sectors highlighted that the wage-raise decree did not include wage adjustments to keep up with hyperinflation and thus remained insufficient to afford the basic food basket. The decree also violated the law by nullifying previously signed collective bargaining agreements, including wage tables that scaled salaries to account for seniority and merit pay.

The trade union of the industrial sector stated that fewer than 2,000 of the 15,000 industries existing in 2000 remained as of May.

The law sets the workweek at 40 hours (35 hours for a night shift). The law establishes separate limits for “shift workers,” who may not work more than an average of 42 hours per week during an eight-week period, with overtime capped at 100 hours annually. Managers are prohibited from obligating employees to work additional time, and workers have the right to two consecutive days off each week. Overtime is paid at a 50 percent surcharge if a labor inspector approves the overtime in advance and at a 100 percent surcharge if an inspector does not give advance permission. The law establishes that after completing one year with an employer, a worker has a right to 15 days of paid vacation annually. A worker has the right to an additional day for every additional year of service, for a maximum of 15 additional days annually.

The law provides for secure, hygienic, and adequate working conditions. Workplaces must maintain “protection for the health and life of the workers against all dangerous working conditions.” The law obligates employers to pay workers specified amounts for workplace injuries or occupational illnesses, ranging from two times the daily salary for missed workdays to several years’ salary for permanent injuries. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. Occupational safety and health (OSH) were not appropriate for the main industries in the country, and workers were not able to remove themselves from situations that endangered health or safety without jeopardy to their employment. The illegitimate Maduro regime did not effectively enforce OSH law. Penalties for OSH law violations were not commensurate with those for crimes, such as negligence.

The law covers all workers, including temporary, occasional, and domestic workers. There was reportedly some enforcement by the Ministry of Labor of minimum wage rates and hours of work provisions in the formal sector, but an estimated 40 percent of the population worked in the informal sector, where labor law and protections generally were not enforced. There was no publicly available information regarding the number of inspectors or the frequency of inspections to implement health and safety, minimum wage, or hours of work provisions. Ministry inspectors seldom closed unsafe job sites. Official statistics regarding workplace deaths and injuries were not publicly available.

Health workers were severely exposed to COVID-19 due to the lack of personal protective equipment. The illegitimate Maduro regime cracked down on medical professionals who spoke about the realities they faced in their work.

NGOs and media reported hazardous conditions in mining areas, many of which operated illegally and exposed miners to injury, disease, and mercury poisoning. The OHCHR documented high levels of violence and human rights violations perpetrated by armed groups and illegitimate Maduro regime security forces who fought for control over mining territory. NGOs reported the use of beatings, mutilation, disappearances, and killings by armed groups to enforce control in mining areas.

Vietnam

Section 7. Worker Rights

e. Acceptable Conditions of Work

The minimum wage varies by region. In all regions the minimum wage exceeds the World Bank official poverty income level.

The law provides for a 48-hour regular workweek, with overtime payment for additional hours worked. The labor code set to take effect on January 1, 2021, limits overtime to 40 hours per month, an increase from 30 hour per month. The new code limits overtime to 200 hours per year, but it provides for an exception in special cases, with a maximum of 300 overtime hours annually, subject to advance approval by the government after consultations with the VGCL and employer representatives.

The new labor code broadens the definition of “employment relationship” so that a legally valid employment relationship exists where two parties agree to a document that includes a description of the job, salary, management, and supervision conditions. The code creates the possibility that where a contract with an “independent contractor,” “service provider,” “freelancer,” or other informal agreement between two or more parties contains employment-like terms, it may be recognized as a formal labor contract. The new labor code also limits the repeated use of limited-term contracts. The law extends protection to part-time and domestic workers.

The law provides for occupational safety and health standards, describes procedures for persons who are victims of labor accidents and occupational diseases, and delineates the responsibilities of organizations and individuals in the occupational safety and health fields. The law provides for the right of workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Ministry of Labor, War Invalids, and Social Affairs is the principal labor authority, and it oversees the enforcement of labor law. The Labor Inspections Department is responsible for workplace inspections to confirm compliance with labor laws and occupational safety and health standards. Inspectors have the authority to make unannounced inspections and initiate sanctions. Inspectors may use sanctions, fines, withdrawal of operating licenses or registrations, closures of enterprises, and mandatory training in response to labor law violations. Inspectors may take immediate measures where they have reason to believe there is an imminent and serious danger to the health or safety of workers, including temporarily suspending operations, although such measures were rare. Penalties for wage and hour and occupational safety and health violations were commensurate with those for similar crimes, such as fraud.

The number of inspectors was not sufficient to enforce compliance. The government did not effectively enforce labor laws, particularly in the informal economy.

Credible reports, including from the ILO-IFC Better Work 2019 Annual Report, indicated many apparel and footwear factories exceeded legal overtime thresholds and did not meet legal requirements for rest days. The ILO-IFC report stated that, while a majority of factories in the program complied with the daily limit of four hours overtime, 77 percent still failed to enforce monthly limits (30 hours) and 69 percent exceeded annual limits (300 hours). In addition, and due to the high prevalence of Sunday work, 40 percent of factories failed to provide at least four days of rest per month to all workers.

Migrant workers, including internal economic migrants, and uncontracted laborers were among the most vulnerable workers, and employers routinely subjected them to hazardous working conditions. Members of ethnic minority groups often worked in the informal economy and, according to the ILO, informal workers typically had low and irregular incomes, endured long working hours, and lacked protection by labor market institutions. Additionally, workers in the informal sector are only eligible to pay into a voluntary social insurance fund covering only retirement and survivors’ allowances. Workers in the formal sector and their employers contributed to a system that covers sickness, maternity, labor accidents, and occupational disease as well as retirement and survivors’ allowances.

On-the-job injuries due to poor health and safety conditions and inadequate employee training remained a problem. Work-related injuries and deaths remained at approximately the same level in 2019 (most recent data) and 2018. In 2019 the government reported 8,150 occupational accidents with 8,327 victims, including 927 fatal incidents with 979 deaths. Among the deaths, 610 incidents involved contracted laborers, while 369 incidents involved uncontracted laborers.

Yemen

Section 7. Worker Rights

Government enforcement of labor law was weak to nonexistent due to the continuing conflict. Labor laws were still in effect, but the Houthis controlled the ministries responsible for their implementation.

e. Acceptable Conditions of Work

There was no established minimum wage in the private sector. The minimum civil service wage was more than the estimated poverty income level; however, civil servant salaries have not been paid consistently for several years, and most were too low to provide for a large family.

The law specifies a maximum 48-hour workweek with a maximum eight-hour workday, although many workshops and stores operated 10- to 12-hour shifts without penalty. The 35-hour workweek for government employees was nominally seven hours per day from Sunday through Thursday. The law requires overtime pay, paid holidays, and paid leave, and it prohibits excessive or compulsory overtime.

The law prescribes occupational safety and health standards. It states every employer must provide industry-appropriate safe and healthy conditions for workers. The law recognizes the right of workers to remove themselves from dangerous work situations, and workers may challenge dismissals based on such actions in court. The safety law does not apply to domestic servants, casual workers, or agricultural workers.

There were reports of migrant workers being mistreated in detention centers before being sent back to their country of origin due to the COVID-19 pandemic. Travel restrictions to prevent the spread of the coronavirus left many migrant workers stranded.

Government enforcement of labor law was weak to nonexistent; penalties, if enforced, were not commensurate with those for analogous violations such as civil rights. Working conditions generally were poor, and wage and overtime violations were common. Foreign migrant workers, youth, and female workers typically faced the most exploitative working conditions. Working conditions were poor in the informal sector, which included an estimated 89 percent of the workforce. There was no credible information available regarding work-related accidents or fatalities during the year.

Zambia

Section 7. Worker Rights

e. Acceptable Conditions of Work

The law allows the Ministry of Labor and Social Security to set wages by sector; the category of employment determines the minimum wage and conditions of employment. The minimum wage categories, last revised in 2019, at the low end were slightly above World Bank poverty estimates for a lower-middle income country but lower than the Basic Needs Basket. Before an employee commences employment or when the nature of employment changes, an employer is required to explain employee conditions of employment, including with regard to wages. For unionized workers, wage scales and maximum workweek hours were established through collective bargaining. Almost all unionized workers received salaries considerably higher than the nonunionized minimum wage. Penalties for violations of wage and hour laws were commensurate with those for similar violations.

According to the law, the normal workweek should not exceed 48 hours. The standard workweek is 40 hours for office workers and 45 hours for factory workers. There are limits on excessive compulsory overtime, depending on the category of work. The law provides for overtime pay. Employers must pay employees who work more than 48 hours in one week (45 hours in some categories) for overtime hours at a rate of 1.5 times the hourly rate. Workers receive double the rate of their hourly pay for work done on a Sunday or public holiday. The law requires that workers earn two days of annual leave per month without limit.

The law regulates minimum occupational safety and health (OSH) standards in industry. According to Workers Compensation Fund Control Board and the Ministry of Labor and Social Security, government OSH standards are appropriate for the main industries. The law places on both workers and experts the duty to identify unsafe situations in a work environment.

The government did not consistently enforce the law. Inspection was inadequate and did not extend to the informal sector. Safety and health standards were only applied in certain sectors of the formal economy. According to the ZCTU, compliance levels to standardized overtime pay were low due to insufficient enforcement.

During the year media reported incidents of Chinese-owned firms forcing workers into quarantine to prevent the spread COVID-19 among them. For example, the state-run newspaper Zambia Daily Mail reported that in May, five workers at the Chinese Dafa Construction Company in Chongwe were quarantined at their worksite for two months. One of the five workers stated, “We have not been to our homes, and it is against our wish. We eat well, but our employers don’t allow us to go to our homes saying we will contract COVID 19” if we leave. Additionally, the Chinese-owned truck assembly factory Delta, allegedly quarantined six Zambian workers by force in a container as a measure to prevent the spread of COVID-19.

The Ministry of Labor and Social Security shut down two other Chinese companies for violating labor laws by quarantining their workers in unventilated rooms for two months. According to labor reports, Chueng Zhu Hardware detained 15 workers for more than two months without pay, Louise Investment Limited had 13 employees locked up in a single room, and another Chinese store, Kaikai Hardware, locked up 12 workers. According to the ZCTU, the effected employees received no overtime pay or additional compensation, the ZCTU reported.

The government engaged with mining companies and took some steps to improve working conditions in the mines. 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. Despite these legal protections, workers generally did not exercise the right to remove themselves from work situations that endangered their safety or health, and workers who protested working conditions often jeopardized their employment.

Violations of wage, overtime, or OSH standards were most common in the construction and mining sectors–particularly in Chinese-owned companies–and among domestic workers.

Zimbabwe

Section 7. Worker Rights

e. Acceptable Conditions of Work

Labor law does not differentiate among workers based on sector or industry. The labor law does not apply to the informal sector, which was estimated to include more than 90 percent of the labor force. The law applies to migrant laborers if they are in the formal sector.

The NECs set the minimum wage for all industrial sectors through a bipartite agreement between employers and labor unions. The minimum wage, when paid, seldom exceeded the poverty line due to the speed of inflation. Employers paid many agricultural and domestic workers below minimum wage. Many public servants earned salaries that put them below the poverty line due to rampant inflation and currency depreciation.

The law does not provide for a standard workweek, but it prescribes a minimum of one 24-hour continuous rest period per week. Unions and employers in each sector negotiate the maximum legal workweek. No worker may work more than 12 continuous hours. The law prescribes that workers receive not less than twice their standard remuneration for working on a public holiday or on their rest day. The law provides workers paid public holidays and annual leave upon one year of service with an employer. There was little or no enforcement of the work hours law, particularly for agricultural and domestic workers. Although workers were generally unlikely to complain to authorities of violations due to fear of losing their jobs, some exceptions occurred.

The Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing the minimum wage and work hours laws for each sector. The government did not effectively enforce these laws. The number of labor inspectors was insufficient to enforce labor laws, including those covering children. The Zimbabwe Occupational Safety Council, a quasi-governmental advisory body to the National Social Security Authority, regulated working conditions. Staffing shortages, as well as its status as an advisory council, made it largely ineffective. The law permits unannounced inspections. Penalties for violations of wage or hours-of-work restrictions were not commensurate with penalties for comparable offenses. Penalties for occupational safety and health violations were inconsistent and fall within the jurisdiction of numerous ministries.

The government sets safety and health standards on an industry-specific basis. Occupational safety and health standards were up to date and appropriate for the main industries in the country. Although the law provides for workers to remove themselves from situations that endangered health or safety without jeopardy to their employment, poor health and safety standards in the workplace were common in both the formal and informal sectors due to lack of enforcement. Abuses by the management at certain Chinese-owned enterprises and companies were common, including reports of physical, sexual, and emotional abuse of workers; unsafe working conditions; underpayment or nonpayment of wages; unfair dismissal; and firing without notice. In February a group of local miners in Matabeleland South Province petitioned a labor court to protest their firing by their Chinese employer. In June the Chinese owner of a Gweru mine shot two employees after they confronted him about his failure to pay wages in U.S. dollars. The owner was arrested on two counts of attempted murder and granted bail of approximately $100; his case remained pending as of December 1.

While official statistics were not available, most work-related injuries and deaths occurred in the mining sector due to low investment in occupational safety and health, noncompliance with rules and regulations, and low levels of awareness of occupational safety and health matters. Due to the growth of the informal mining sector, artisanal miners, including children, had increased exposure to dangerous chemicals and environmental waste. A gold mine collapse killed two persons in February and was described as a common event by artisanal miners in the area. An estimated 1.5 million persons worked in or depended on artisanal mining, defined as mining activities carried out using low technology or with minimal machinery, according to the Zimbabwe Coalition on Debt and Development.