United Arab Emirates
Section 7. Worker Rights
The law does not protect the right to organize, strike, or bargain collectively. The law does not permit workers to form or join unions. The labor law forbids strikes by public sector employees, security guards, and migrant workers. The law does not entirely prohibit strikes in the private sector but allows an employer to suspend an employee for striking. In the private sector, the Ministry of Human Resources and Emiratization, formerly the Labor Ministry, must approve and register individual employment contracts. The labor law does not apply to agricultural workers or to most workers in export processing zones. Domestic workers fall under a separate labor law but are regulated by the Ministry of Human Resources and Emiratization. Persons with a claim to refugee status but who lacked legal residency status, including those with either short-term visitor visas or expired visas, were generally not eligible for employment.
Private sector employees may file collective employment dispute complaints with the Ministry of Human Resources and Emiratization, which by law acts as mediator between the parties. Employees may then file unresolved disputes within the labor court system, which forwards disputes to a conciliation council. Public sector employees may file an administrative grievance or a case in a civil court to address a labor-related dispute or complaint. Administrative remedies are available for labor complaints, and authorities commonly applied them to resolve issues such as delayed wage payments, unpaid overtime, or substandard housing.
All foreign workers have the right to file labor-related grievances with the Ministry of Human Resources and Emiratization. The ministry sometimes intervened in foreign workers’ disputes with employers and helped negotiate private settlements. The law allows employers to request the government to cancel the work permit of, and deport for up to one year, any foreign worker for unexcused absences of more than seven days or for participating in a strike.
The government generally enforced labor laws. In 2018 the Ministry of Human Resources and Emiratization issued its second Workers Welfare Report, which outlined and provided statistics on the ministry’s enforcement and dispute settlement activities regarding recruitment, contract integrity, payment of wages and overtime, housing accommodation, and health and safety. It also discussed domestic legislative and regulatory reforms affecting domestic workers.
Professional associations were not independent, and authorities had broad powers to interfere in their activities. For example, the Ministry of Human Resources and Emiratization had to license and approve professional associations, which were required to receive government approval for international affiliations and travel by members. The government granted some professional associations with majority citizen membership a limited ability to raise work-related issues, petition the government for redress, and file grievances with the government.
In Dubai the CDA regulates and provides licensing services to nonprofit civil society organizations and associations that organize ongoing social, cultural, artistic, or entertainment activities. In Dubai, all voluntary organizations and individual volunteers are required to register with the CDA within six months. In addition, all voluntary activities require a CDA permit, but there are no prescribed penalties for noncompliance.
Foreign workers may belong to local professional associations; however, they do not have voting rights and may not serve on association boards. Apart from these professional associations, in a few instances, some foreign workers came together to negotiate with their employers on issues such as housing conditions, nonpayment of wages, and working conditions.
The threat of deportation discouraged noncitizens from voicing work-related grievances. Nonetheless, occasional protests and strikes took place. The government did not always punish workers for nonviolent protests or strikes, but it dispersed such protests, and sometimes deported noncitizen participants. According to media reports, 900 men living in company accommodations in Dubai and Ras al-Khaimah appealed to the Ministry of Labor for assistance after their employer failed to pay wages for 10 months.
The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law, particularly in the domestic worker sector.
The government took steps to prevent forced labor through continued implementation of the Wages Protection System (WPS) (see section 7.e.). The government enforced fines for employers who entered incorrect information into the WPS, did not pay workers for more than 60 days, or made workers sign documents falsely attesting to receipt of benefits. According to local media reporting, some firms withheld ATM cards from employees, withdrawing the money and paying the employee anywhere between 35 to 40 percent less than the mandated salary.
In July the government announced it had launched 132 educational lectures to inform 6,640 workers in Dubai about UAE labor laws and regulations as well as occupational health and safety standards in the workplace.
The domestic worker law that regulates domestic workers’ contracts, rights and privileges, prohibitions, and recruitment agencies was implemented throughout the year.
It was relatively common for employers to subject migrant domestic workers, and to a lesser degree, construction and other manual labor workers, to conditions equivalent to forced labor. Workers experienced nonpayment of wages; unpaid overtime; failure to grant legally required time off, withholding of passports, threats; and, in some cases, psychological, physical, or sexual abuse. Contract substitution remained a problem. In a few cases physical abuses led to death. Local newspapers reported on court cases involving violence committed against maids and other domestic workers. In August local media reported that the Philippine Overseas Labor Office in Dubai had sheltered a total of 1,737 women between January and June, 86 percent of whom left their employers due to alleged maltreatment, including long work hours, verbal and physical abuse, and lack of food.
In violation of the law, employers routinely held employees’ passports, thus restricting their freedom of movement and ability to leave the country or change jobs. In labor camps it was common practice for passports to be kept in a central secure location, accessible with 24 or 48 hours’ notice. In most cases individuals reported they were able to obtain documents without difficulty when needed, but this was not always the case. There were media reports that employees were coerced to surrender their passports for “safekeeping” and sign documentation that the surrender was voluntary. With domestic employees, passport withholding frequently occurred, and enforcement against this practice was weak.
Some employers forced foreign workers in the domestic and agricultural sectors to compensate them for hiring expenses such as visa fees, health exams, and insurance, which the law requires employers to pay, by withholding wages or having these costs deducted from their contracted salary. Some employers did not pay their employees contracted wages even after they satisfied these “debts.” There were other reports from community leaders that employers would refuse to apply for a residency visa for their domestic workers, rendering them undocumented and thus vulnerable to exploitation.
Although charging workers recruitment fees was illegal, workers in both the corporate and domestic sectors often borrowed money to pay recruiting fees in their home countries, and as a result spent most of their salaries trying to repay home-country labor recruiters or lenders. These debts limited workers’ options to leave a job, and sometimes trapped them in exploitive work conditions. The Ministry of Human Resources and Emiratization oversees recruitment of domestic workers. In 2018 the ministry established Tadbeer recruitment centers, one-stop shops for recruitment agencies to register their services, workers to undergo interviews and receive training, and visas and identification documents to be distributed. However, locals reported that Tadbeer has been slow to bring these recruitment centers up to full functionality, noting ongoing difficulties with processing basic services.
Also see the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits employment of persons younger than 15 and includes special provisions regarding children ages 15 to 18. The law, however, excludes agricultural work, leaving underage workers in these sectors unprotected. Under the law governing domestic workers, 18 is the minimum age for legal work. The law allows issuance of work permits for 12- to 18-year-old persons, specifically for gaining work experience and under specific rules. The Ministry of Human Resources and Emiratization is responsible for enforcing the regulations and generally did so effectively.
d. Discrimination with Respect to Employment and Occupation
The Antidiscrimination Law prohibits all forms of discrimination based on religion, ethnicity, or race, although without specific reference to employment. Penalties are adequate and include fines and jail terms of six months to 10 years. To date the law has only been applied in cases of religious discrimination, including one incident that occurred in a work environment.
No specific law prohibits or regulates discrimination regarding sex, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or communicable disease status in employment or occupation. Various departments within the Ministries of Human Resources and Emiratization, Education, and Community Development are responsible for protecting the rights of persons with disabilities, and the government enforced these rights in employment, housing, and entitlement programs. Enforcement was effective for jobs in the public sector and the government made efforts to encourage private sector hiring of persons with disabilities. In September the Government Accelerators program organized a recruitment drive for persons with disabilities seeking private sector jobs. Some emirates and the federal government included statements in their human resources regulations emphasizing priority for hiring citizens with disabilities in the public sector and actively encouraged the hiring of all persons with disabilities. Public sector employers provided reasonable accommodations, defined broadly, for employees with disabilities. The employment of persons with disabilities in the private sector remained a challenge due to a lack of training and opportunities, and societal discrimination. Women who worked in the private sector, and especially nonnationals, regularly did not receive equal benefits and reportedly faced discrimination in promotions and equality of wages. Labor law prohibits women from working in hazardous, strenuous, or physically or morally harmful jobs. The domestic worker law also prohibits discrimination on the basis of race, color, gender, religion, political opinion, national, or social origin. Nevertheless, job advertisements requesting applications only from certain nationalities were common and not regulated. In free zones individualized laws govern employment requirements. For example, in the Dubai International Financial Center, employers may not discriminate against any person based on sex, marital status, race, national identity, religion, or disability.
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.
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 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, from 12:30 p.m. to 3:00 p.m., 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.
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 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 indicate it was common for individuals to enter the country on a nonwork visa and join the informal job sector, subjecting them to exploitative conditions. The government encouraged undocumented residents to legalize their status or leave the country voluntarily during a five-month amnesty period from August to December 2018.
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. In August the UAE coast guard allowed sailors from the abandoned MV Tamim Aldar ship to seek refuge on shore after spending three years stranded 46 km (31 miles) off the coast of Ras al-Khaimah waiting for their salaries to be paid. Complaints included unpaid salaries, harsh living conditions, lack of fuel, food, fresh water, and access to medical treatment. According to media reports, during the year the Indian diplomatic mission in Dubai has helped repatriate more than 100 sailors caught in similar circumstances.
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 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.
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 will freeze issuance of new work permits to the employer. If the nonpayment lingers 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 less than 100 employees, the freezes, fines, and court referrals only apply 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, or $550 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.
The government instituted a revised 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 still 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. The regulation, however, did not apply to agricultural or domestic workers.
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 that private companies that employ more than 500 workers must 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 emirate 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.
Section 7. Worker Rights
The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government routinely respected these rights. The law prohibits antiunion discrimination and protects employees from unfair dismissal while striking, provided the union has complied with the legal requirements governing such industrial action.
The law allows strikes to proceed only when at least 50 percent of workers who participate in a secret ballot support it. For “important public services,” defined as health services, education for those younger than 17, fire services, transport services, nuclear decommissioning and the management of radioactive waste and spent fuel, and border security, an additional threshold of support by 40 percent of all eligible union members must be met for strike action to be legal.
The law does not cover workers in the armed forces, public sector security services, police forces, and freelance or temporary work. According to the International Trade Union Confederation (ITUC), the right to strike in the UK is “limited” due to prohibitions against political and solidarity strikes, lengthy procedures for calling strikes, and the ability of employers to seek injunctions against unions before a strike has begun if the union does not observe all proper steps in organizing the strike.
The government effectively enforced applicable laws. Remedies were limited in situations where workers faced reprisal for union activity, and the ITUC stated that the law does not provide “adequate means of protection against antiunion discrimination,” and noted that legal protections against unfair labor practices only exist within the framework of organizing a recognition ballot. Penalties range from employers paying compensation to reinstatement and were sufficient to deter violations.
The government and employers routinely respected freedom of association and the right to collective bargaining. Unions and management typically negotiated collective “agreements,” which were less formal and not legally enforceable. The terms of the agreement could, however, be incorporated into an individual work contract with legal standing.
The law does not allow independent trade unions to apply for derecognition of in-house company unions or to protect individual workers seeking to do so.
Various labor NGOs advocated for worker’s rights freely within the UK and acted independently from trade unions. NGOs advocated for improvements in paid family leave, a minimum or living wage, and worker safety among other problems.
According to the ONS, approximately 6.2 million employees were trade union members in 2017. The level of overall union members increased by 19,000 (0.3 percent) from 2016. Membership levels were below the 1979 peak of more than 13 million.
The law prohibits forced and compulsory labor, but such practices occurred despite effective government enforcement. Resources and inspections were generally adequate, and penalties were sufficiently stringent compared to other sentences for serious crimes.
The law permits punishment of up to life imprisonment for all trafficking and slavery offenses, including sexual exploitation, labor exploitation, and forced servitude. Firms with a global turnover of 36 million pounds ($45.7 million) that supply goods or services in the UK must by law publish an annual statement setting out what steps they are taking to ensure that slave labor is not being used in their operations and supply chain. Foreign companies and subsidiaries that “carry on a business” in the UK also have to comply with this law. The law allows courts to impose reparation orders on convicted exploiters and prevention orders to ensure that those who pose a risk of committing modern slavery offenses cannot work in relevant fields, such as with children.
Forced labor in the UK involved both foreign and domestic workers, mainly in sectors characterized by low-skilled, low-paid manual labor and heavy use of flexible, temporary workers. Those who experienced forced labor practices tended to be poor, living on insecure and subsistence incomes and in substandard accommodations. Victims of forced labor included men, women, and children. Forced labor was normally more prevalent among the most vulnerable, minorities or socially excluded groups. The majority of victims were British nationals. Albania, Nigeria, Vietnam, Romania, and Poland were the most likely foreign countries of origin. Most migrants entered the UK legally. Many migrants used informal brokers to plan their journey and find work and accommodation in the UK, enabling the brokers to exploit the migrants through high fees and to channel them into forced labor situations. Many with limited English were trapped in poverty through a combination of debts, flexible employment, and constrained opportunities. Migrants were forced to share rooms with strangers in overcrowded houses, and often the work was just sufficient to cover rent and other charges. Sexual exploitation was the most common form of modern slavery reported in the UK, followed by labor exploitation, forced criminal exploitation, and domestic servitude. Migrant workers were subject to forced labor in agriculture (especially in marijuana cultivation), construction, food processing, service industries (especially nail salons), and on fishing boats. Women employed as domestic workers were particularly vulnerable to forced labor.
In Bermuda the Department of Immigration and the Director of Public Prosecutions confirmed there were no cases of forced labor during the year, although historically there were some cases of forced labor, mostly involving migrant men in the construction sector and women in domestic service. Penalties for forced labor were generally adequate to deter violations. The law requires employers to repatriate work-permit holders. Failure to do so had been a migrant complaint. The cases of worker exploitation largely consisted of employers requiring workers to work longer hours or to perform work outside the scope of their work permit. The government effectively enforced the law.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law does prohibit all of the worst forms of child labor. UK law prohibits the employment of children younger than 13 with exceptions for sports, modeling, and paid performances, which may require a child performance license. The law prohibits those younger than 16 from working in an industrial enterprise, including transportation or street trading. Children’s work hours are strictly limited and may not interfere with school attendance. Different legislation governs the employment of persons younger than 16, and, while some laws are common across the UK, local bylaws vary. If local bylaws so require, children between the ages of 13 and 16 must apply for a work permit from a local authority. The local authority’s education and welfare services have primary responsibility for oversight and enforcement of the permits.
The Department for Education has primary regulatory responsibility for child labor, although local authorities generally handled enforcement. Penalties were sufficient to deter violations.
In Bermuda children younger than 13 may perform light work of an agricultural, horticultural, or domestic character if the parent or guardian is the employer. Schoolchildren may not work during school hours or more than two hours on school days. No child younger than 15 may work in any industrial undertaking, other than light work, or on any vessel, other than a vessel where only family members work. Children younger than 18 may not work at night, except that those ages 16 to 18 may work until midnight; employers must arrange for safe transport home for girls between ages 16 and 18 working until midnight. Penalties were sufficient to deter violations. The BPS reported no cases of child labor or exploitation of children during the year.
The government of Saint Helena, Ascension, and Tristan da Cunha passed a bill to restrict child labor and improved services for vulnerable children. The governments of Anguilla, the British Virgin Islands, the Falkland Islands (Islas Malvinas), Montserrat, and St. Helena-Ascension-Tristan da Cunha have not developed a list of hazardous occupations prohibited for children. On Anguilla the minimum age for labor is 12 and for hazardous work 14.
There are legislative gaps in the prohibition of trafficking in children for labor exploitation and the use of children for commercial sexual exploitation on the Falkland Islands (Islas Malvinas) and St. Helena-Ascension-Tristan da Cunha. While criminal laws prohibit trafficking in children for sexual exploitation, they do not address trafficking in children for labor exploitation. Laws do not exist in Monserrat regarding the use of children in drug trafficking and other illicit activities. Traffickers subjected children to commercial sexual exploitation in Turks and Caicos. The government did not effectively enforce the law, and penalties are not sufficient to deter violations.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings for information on UK territories.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination in employment or occupation regarding race, color, sex, religion or belief, political opinion, national origin or citizenship, social origin, disability, sexual orientation, gender identity or reassignment, marriage and civil partnership, being pregnant or on maternity leave, age, language, or HIV or other communicable disease status. Legal protection extends to others who are associated with someone who has a protected characteristic or who have complained about discrimination or supported someone else’s claim. The government effectively enforced these laws and regulations.
Discrimination in employment and occupation occurred with respect to race, gender, and sexual orientation and gender identity. Complainants faced higher fees in discrimination cases than in other types of claims made to employment tribunals or the Employment Appeals Tribunal.
The law requires equal pay for equal work. The law requires employers to publish gender pay gap data annually. The government enacted mandatory gender pay reporting, aimed at closing the gender pay gap, a separate concept from the equal pay principle. Businesses with more than 250 employees are required to measure, and then report, on how they pay men and women. This affected 8,000 businesses employing approximately 11 million persons. The gap has narrowed over the long term for low earners but has remained largely consistent over time for high earners. The Equality and Human Rights Commission is charged with enforcing pay gap reporting requirements.
The finance sector has the highest pay gap of all sectors, with the average woman earning 35.6 percent less than the average man.
In Northern Ireland all employers have a responsibility to provide equal opportunity for all applicants and employees. Discrimination based on religion or political affiliation is illegal. Employers must register with the Northern Ireland Equality Commission if they employ more than 10 persons. Registered employers are required to submit annual reports to the Commission on the religious composition of their workforce.
The Scottish government introduced a plan in March 2019 to address the gender pay gap. This plan set a goal of reducing the gender pay gap by 2021 and includes 50 actions to provide resources and support for working women and mothers. The pay gap in Scotland also decreased from 6.6 percent in 2017 to 5.7 percent in 2018.
During the year the Glasgow City Council settled a 12-year equal pay dispute with thousands of female council workers. The settlement followed a strike of more than 8,000 current and former employees in Glasgow.
The minimum wage for workers age 25 or older, known as the National Living Wage, is above the poverty level.
Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement. Penalties were generally sufficient to deter violations.
The law limits the workweek to an average of 48 hours, normally averaged over a 17-week period. The law does not prohibit compulsory overtime, but it limits overtime to the 48-hour workweek restriction. The 48-hour workweek regulations do not apply to senior managers and others who can exercise control over their own hours of work. There are also exceptions for the armed forces, emergency services, police, domestic workers, sea and air transportation workers, and fishermen. The law allows workers to opt out of the 48-hour limit, although there are exceptions for airline staff, delivery drivers, security guards, and workers on ships or boats.
The government set appropriate and current occupational safety and health standards. The law stipulates that employers may not place the health and safety of employees at risk. The Health and Safety Executive (HSE) is responsible for identifying unsafe situations, and not the worker. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.
The HSE, an arm of the Department for Work and Pensions, effectively enforced occupational health and safety laws in all sectors including the informal economy. The fine for violations was sufficient to deter violations. The HSE conducted workplace inspections and may initiate criminal proceedings. HSE inspectors also advise employers on how to comply with the law. Employers may be ordered to make improvements, either through an improvement notice, which allows time for the recipient to comply, or a prohibition notice, which prohibits an activity until remedial action has been taken. The HSE issued notices to companies and individuals for breaches of health and safety law. The notice may involve one or more instances when the recipient failed to comply with health and safety law, each of which was called a “breach.” The HSE prosecuted recipients for noncompliance with a notice while the Crown Office and Procurator Fiscal Service (COPFS) prosecuted similar cases in Scotland.
Figures for 2017-18 show that the HSE and COPFS prosecuted 517 cases with at least one conviction secured in 493 of these cases, a conviction rate of 95 percent. Across all enforcing bodies, 11,522 notices were issued. HSE and COPFS prosecutions led to fines totaling 72.6 million pounds ($92.2 million) compared with the 38.3 million pounds ($48.7 million) in 2015-16.
According to the HSE’s annual report, 147 workers were killed at work in 2017-18. An estimated 555,000 workers sustained a nonfatal injury at work according to self-reports in 2017-18. A total of 71,062 industrial injuries were reported in 2017-18 in the UK.
Bermuda’s legislation does not provide a minimum or living wage; however, in July the Bermuda government introduced a Wage Commission tasked with gathering information to establish new guidelines. The proposal to introduce a living wage was introduced in the House of Assembly in July 2018 to ensure all workers could afford food, housing, clothes, medical care, and education. The Bermuda Department of Labor and Training enforces any contractually agreed wage. Regulations enforced by the department extensively cover the safety of the work environment and occupational safety and health standards and are current and appropriate for the main industries. By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment. Penalties were sufficient to deter violations.
Section 7. Worker Rights
The constitution and the law, including related regulations and statutory instruments, protect the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. The government and employers respected freedom of association and the right to collective bargaining in practice. Civil servants, employees of state-run enterprises, private-enterprise workers, and legal foreign workers may join unions. The law prohibits antiunion discrimination and requires employers to reinstate workers fired for union activities and pay them an indemnity. Workers in the informal sector are excluded from these protections. The government respected and effectively enforced labor laws.
The Labor and Social Security Inspection Division of the Ministry of Labor and Social Security (IGTSS) investigates discrimination and workplace abuse claims filed by union members. In 2018 the IGTSS received 220 claims of harassment and 63 claims of sexual harassment in the workplace and 48 claims of antiunion discrimination. Information on government remedies and penalties for violations was not available. There were generally effective, albeit lengthy, mechanisms for resolving workers’ complaints against employers.
Worker organizations operated free of government and political intervention. Labor union leaders were strong advocates for public policies and even foreign policy issues. They remained very active in the political and economic life of the country. In November 2018 the International Labor Organization (ILO) issued a report to the government regarding a complaint by local business chambers of commerce requesting the government change collective bargaining laws. In June the ILO included Uruguay in the list of 24 countries to be analyzed by the ILO Committee on Application of Standards, due to noncompliance with Convention 98 on collective bargaining. According to the committee, tripartite bodies can negotiate only wages, while terms and conditions of work should be negotiated bilaterally between employers and workers organizations. The convention states collective bargaining should be voluntary; however, the way the law was drafted makes it mandatory in practice. During the international labor conference in June, the committee urged a review of and changes to the country’s legislation on collective bargaining before November. The government called the first tripartite meeting to comply with these changes in late June.
The law prohibits and criminalizes all forms of forced or compulsory labor, and the government effectively enforced the law. The law establishes penalties of two to 12 years in prison for forced labor crimes. Penalties were sufficient to deter violations. In March the Ministry of Labor investigated a case involving 20 Cuban victims in the rural area of Canelones. Victims performed rural work allocated by an intermediary and then gave their earnings to this intermediary in exchange for housing and food. A report was filed with the municipal government, which referred it to the ministry. The investigation continued as of October. Information on the effectiveness of inspections and governmental remedies was not available. Foreign workers, particularly from Cuba, Venezuela, Bolivia, Paraguay, Peru, Brazil, the Dominican Republic, and Argentina, were vulnerable to forced labor in agriculture, construction, domestic service, cleaning services, elderly care, wholesale stores, textile industries, agriculture, fishing, and lumber processing. Venezuelan and Cuban migrant workers were subject to forced agricultural labor in Canelon Chico, north of Montevideo. Migrant women were the most vulnerable, as they were often exposed to sexual exploitation. Furthermore, North Korean laborers were identified as having transited the country to board fishing vessels that operated in international waters off the coast. Foreign workers aboard Taiwanese- and Chinese-flagged fishing vessels based in the Montevideo port may have been subjected to abuses indicative of forced labor, including unpaid wages, confiscated identification, a complete absence of medical and dental care, and physical abuse. According to an NGO representative, since 2013, an average of one dead crewmember per month from these vessels had been recorded, some due to poor medical care.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits the worst forms of child labor and provides for a minimum age of employment, limitations on working hours, and occupational safety and health restrictions for children. The law sets the minimum age for employment at 15, but INAU may issue work permits for children ages 13 to 15 under exceptional circumstances specified by law. In 2018 INAU issued 2,166 work permits for minors between ages 15 and 18, of which 53 percent were for work in the country’s interior. Minors ages 15 to 18 must undergo physical exams prior to beginning work and renew the exams yearly to confirm that the work does not exceed the physical capacity of the minor. Children ages 15 to 18 may not work more than six hours per day within a 36-hour workweek and may not work between 10 p.m. and 6 a.m. The minimum age for hazardous work is 18, and the government maintains a list of hazardous or fatiguing work that minors should not perform and for which it does not grant permits.
The Ministry of Labor is responsible for overall compliance with labor regulations, but INAU is responsible for enforcing child labor laws. Due to a lack of dedicated resources, enforcement was mixed and particularly poor in the informal economy, where most child labor occurred. Violations of child labor laws by companies and individuals are punishable by fines determined by an adjustable government index. Parents of minors involved in illegal child labor may receive a sentence of three months to four years in prison, according to the penal code. These penalties were sufficient to deter violations.
The main child labor activities reported in the interior of the country were work on small farms, maintenance work, animal feeding, fishing, cleaning milking yards, cattle roundup, beauty shops, at summer resorts, and as kitchen aids. In Montevideo the main labor activities were in the food industry (supermarkets, fast food restaurants, and bakeries) and in services, gas stations, customer service, delivery services, cleaning, and kitchen aid activities. Informal-sector child labor continued to be reported in activities such as begging, domestic service, street vending, garbage collection and recycling, construction, and in agriculture and forestry sectors, which were generally less strictly regulated and where children often worked with their families.
INAU worked with the Ministry of Labor and the state-owned insurance company BSE to investigate child labor complaints and worked with the Prosecutor General’s Office to prosecute cases. INAU reported 55 complaints of child labor incidents, 31 involving children younger than 14 years old and 24 involving teenagers between 15 and 18 working without required permits. INAU completed 2,600 inspections in 2018. INAU continued its efforts to prevent and regulate child labor and provided training on child labor matters.
d. Discrimination with Respect to Employment and Occupation
Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV status, or other communicable diseases. The government in general effectively enforced applicable law and regulations, and penalties were sufficient to deter violations.
Discrimination in employment and occupation occurred mostly with respect to sex, race, disability, and nationality. According to UN Mujeres, the number of gainfully employed, paid women decreases as they have more children, which does not happen to men. Women earned lower wages than their male counterparts, and only an estimated 20 percent of companies claimed to have women in leadership positions. Foreign workers, regardless of their national origin or citizenship status, were not always welcome and continued to face challenges when seeking employment. The government took steps to prevent and eliminate discrimination (see sections 5 and 6).
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 sufficient to deter violations. 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 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 to investigate potential labor law violations. Conditions for domestic workers improved, including 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 standards, and the standards were current and appropriate for the main industries in the country.
The state-owned insurance company BSE reported 32,945 labor accidents and 46 labor-related deaths in 2018, compared with 33,029 accidents and 30 deaths in 2017. In some cases workers were not informed of specific hazards or employers did not adequately enforce labor safety measures.
Section 7. Worker Rights
The law allows workers to form and join independent unions and bargain collectively. Individuals have not been able to exercise these rights because no independent labor unions operated in the country. The law neither provides for nor prohibits the right to strike but does prohibit antiunion discrimination. The law on trade unions states that workers may not be fired due to trade union membership, but it does not clearly state whether workers fired for union activity must be reinstated. Volunteers in public works and workers employed by individuals without documented contracts do not have legal protection.
There is no public information available regarding government enforcement of applicable laws, as there are no known cases of attempts to form independent unions. The law provides penalties for violating freedom of association laws equal to five to 10 times the minimum salary. The government amended the law on “professional unions, rights, and guarantees of their activities.” Despite legal protections, in practice, as stated above, workers have not successfully formed or joined independent unions. Workers continued to worry that attempts to create independent alternative unions would be repressed. Unions remained centralized and dependent on the government.
The state-run Federation of Trade Unions of Uzbekistan incorporated more than 35,000 primary organizations and 14 regional trade unions, according to official reports. Regional and industrial trade unions remained state managed.
Government-organized unions demonstrated minimal bargaining power. For example, government ministries, including the Ministry of Agriculture, in consultation with the Federation of Trade Unions, continued to set wages for government employees and production quotas in certain sectors. In the emerging private sector, management established wages or negotiated them individually with persons who contracted for employment. There was no state institution responsible for labor arbitration.
The law prohibits all forms of forced or compulsory labor, except as legal punishment for such offenses as robbery, fraud, or tax evasion or as specified by law. Certain sections of the criminal code allow for compulsory labor as a punishment for offenses including defamation and incitement of national, racial, ethnic, or religious enmity. Penalties are not sufficient to deter violations.
Inspectors from the Ministry of Employment and Labor Relations have authority to enforce laws on forced labor. The lead for issues related to forced labor or trafficking in persons is the special rapporteur of the National Commission on trafficking in persons and forced labor. The ILO increased the scope of its third-party monitoring on child and forced labor in the cotton harvest during the year.
The government continued its efforts to combat all forms of forced labor. During the year the government informed the public of the prohibition against forced labor, including in the annual cotton harvest.
A July 30 presidential decree instructed the government to begin a process of criminalizing forced labor violations, which heretofore had been punished only by administrative fine. In December the parliament adopted legislation criminalizing forced labor, however, forced labor violations are only criminalized in the second instance. The first violation is still punished by administrative fines. The decree additionally created a national commission for trafficking in persons and forced labor to oversee and coordinate government efforts. The national commission is divided into subcommittees for trafficking in persons, chaired by the minister of the interior, and for forced labor, chaired by the minister of employment and labor Relations. Both act as deputy chairs to the national commission itself.
The government appointed a special rapporteur for the national commission, Tanzila Narbaeva, who also serves as chair of the Senate. The government empowered the special rapporteur to report on the issue directly to the president and to set up regional or territorial commissions to oversee the implementation of the decree at the local level. This decree also called for the drafting of an amendment to the law on combatting trafficking in persons to include a mechanism for identifying trafficking victims and mandated an update to legislation on human trafficking and forced labor that criminalizes forced labor.
While the government maintained formal prohibitions on the use of forced labor in all economic sectors–and enforced these provisions–the laws as written were not sufficient to comply with international labor standards. Because cotton production quotas remained in place, there continued to be pressure on local officials to meet production targets. Such pressure encouraged the use of forced labor. Administrative penalties against the use of forced labor were increased: The minimum fine for first offense is between 10- to 30-times the minimum monthly salary, and for repeated offenses the penalty is 30- to 100-times the minimum monthly salary. As stated above, the law adopted in December will impose criminal penalties for repeated instances of forced labor. In October the president approved the Agriculture Development Strategy 2030, which is designed to phase out quotas for agricultural products by 2023.
The government allowed the ILO access in real time to its feedback mechanism for reporting labor violations to see how it responded to complaints. The government additionally made efforts to meet with international organizations, NGOs, civil society organizations, and local activists to discuss the issue of forced labor publicly and to receive feedback including suggestions and criticism to enable it to improve its approach to forced labor in the cotton harvest. The government acknowledged its problem with forced labor and sought assistance to eliminate it.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits the worst forms of child labor. The law sets the minimum working age at 16 and provides that work must not interfere with the studies of those younger than 18. The law does not allow children younger than 15 to work at all, but this provision was not always observed. Children aged 15, with permission from their parents, may work a maximum of 24 hours per week when school is not in session and 12 hours per week when school is in session. Children who are 16 through 18 may work 36 hours per week while school is out of session and 18 hours per week while school is in session. Decrees stipulate a list of hazardous activities forbidden for children younger than 18 and prohibit employers from using children to work under specified hazardous conditions, including underground, underwater, at dangerous heights, and in the manual harvesting of cotton, including cotton harvesting with dangerous equipment.
Children were employed in agriculture; in family businesses, such as bakeries and convenience stores; and in services, such as street vending and scrap metal collection.
Inspectors from the Ministry of Employment and Labor Relations have authority to enforce laws on child labor. No information was available on the enforcement of these laws. Penalties were sufficient to deter violations. There was no systemic use of child labor, although individual instances of child labor violations continued to exist.
There was no evidence of any government-compelled child labor. The government prohibition against the use of students remains in force.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .
d. Discrimination with Respect to Employment and Occupation
Laws and regulations prohibit discrimination with respect to employment and occupation based on race, gender, religion, and language. The labor code states that differences in the treatment of individuals deserving of the state’s protection or requiring special accommodation, including women, children, and persons with disabilities, are not to be considered discriminatory. The law does not prohibit discrimination based on sexual orientation or gender identity, age, political opinion, national origin or citizenship, or social origin. HIV-positive individuals are legally prohibited from being employed in certain occupations, including those in the medical field that require direct contact with patients or with blood or blood products as well as in cosmetology or haircutting. There were insufficient publicly available data to determine government enforcement of these laws and regulations. There were no reliable data on employment discrimination.
The Uzbek labor code prohibits refusing employment based on an applicant’s criminal record or the criminal record of a close relative.
Foreign migrant workers enjoy the same legal protections as Uzbek workers as long as their employers follow all legal procedures for their employment. The law provides for a number of punishments of Uzbek employers who do not follow all legal procedures. The government did not strictly enforce employment law, primarily due to insufficient staffing of relevant entities and endemic corruption.
The law provides for a national minimum wage. The government did not provide an estimate for poverty income levels. According to international estimates, 11.4 percent of the population met the definition of being below the poverty line in 2018. No figures were available for 2019.
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. No data was available on enforcement of these laws in the informal economy.
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.
Employers are responsible for ensuring compliance with standards, rules, and regulations on labor protection as well as obligations under collective agreements. 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 enforced and employees feared retribution by employers. The law requires employers to insure 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 Labor 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. A 2017 presidential decree prohibited unannounced inspections of private businesses, including labor inspections, in an effort to crack down on corrupt government practices, but the government reversed itself, and unannounced inspections are legal again.
Reports suggested that enforcement was uneven. The law remained unenforced in the informal economy, where employment was usually undocumented. Despite an increase in the number of labor inspectors, the Ministry of Employment and Labor Relations still lacks adequate staff to enforce compliance. Penalties were not sufficient to deter violations in the informal sector.
The government continued with the extension of the ILO’s Decent Work Country Program until 2020. 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 closely with the ILO’s Decent Work Country Program on efforts to shift more of the economy from an informal to the formal economy and to provide labor and social protections to those working informally.
Workers did not report any occupational health and safety violations. Private sector employers most commonly committed violations of wage, overtime, and occupational health and safety standards. Although regulations provide for safeguards, workers in hazardous jobs often lacked protective clothing and equipment. More specific information on sectors in which violations were common and on specific groups of workers who faced hazardous or exploitative working conditions was not available.