Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of workers to form and join independent unions. Workers can form a union with the participation of at least 12 employees from a single workplace. There is no national trade union. The law does not mention the right to conduct legal strikes. Most of the country’s workforce engages in agriculture, a sector that is not unionized.
The law provides for the right of workers to bargain collectively with employers. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Violators may face misdemeanor charges and be compelled to pay damages.
The government effectively enforced applicable laws. Resources, inspections, and remediation were adequate, and penalties for violations were sufficient to deter violations. The law grants workers the right to pursue litigation.
Freedom of association and the right to bargain collectively were respected, although there were few employee unions. No unions formed during the year.
The Ministry of Labor and Human Resources, Department of Labor, in its Annual Report 2017-2018, noted it had achieved all of its internal performance targets despite a shortage of officers and funding.
In the Department of Labor’s Annual Report 2017-2018, noted 24 labor inspectors conducted 2,256 inspections, issued 179 improvement notices, and imposed 20 penalties. The ministry received reports of 497 workplace disputes, of which 239 were forwarded to the court system, and 172 were resolved. The complaints received ranged from nonpayment of wages, termination without notice, resignation without notice, and other issues.
b. Prohibition of Forced or Compulsory Labor
The law prohibits most forms of forced or compulsory labor, and the government effectively enforced applicable laws. The law makes exceptions with regard to prison labor, work that might be required during an emergency, and work required for “important local and public” celebrations. The penal code criminalizes trafficking for illegal, but not exploitative, purposes. Violations of the labor law with respect to worst forms of child labor, forced and compulsory labor, improvement notice, prohibition notice, nonpayment of compensation, minimum age of admission into employment, employing foreigners without permit, and not complying with permits issued by the government are felonies subject to three to five years’ imprisonment. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations.
Government officials acknowledged domestic servants working in private homes where the Ministry of Labor and Human Resources has no jurisdiction may be subject to forced labor. Officials relied on citizens to report forced labor of domestics directly to police.
Migrant workers from India who worked in the country’s construction and hydropower sectors and Indian women and girls who worked in domestic service or as caregivers were vulnerable to forced labor. Ministry of Labor and Human Resources noted approximately 54,972 migrants worked in the country as of June, mostly from India. Young, rural citizens were transported to urban areas, generally by relatives, for domestic work, and some of these individuals were subjected to domestic servitude. Unconfirmed reports suggested that girls who worked as domestic servants and entertainers in drayungs (karaoke bars) were subjected to labor trafficking through debt and threats of physical abuse.
Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits the worst forms of child labor. The minimum age for employment is 13, and the minimum age for hazardous work is 18. Children younger than age 18 are prohibited from working in dangerous occupations, including mining, construction, sanitary services, carpet weaving, or serving in bars.
While child labor laws were enforced, the Ministry of Labor and Human Resources reported that limited resources placed constraints on the number of inspections conducted and inspectors employed. Penalties included up to nine years of nonbailable imprisonment and were generally sufficient to deter violations.
Children performed agricultural and construction work, completed chores on family farms, or worked in shops and restaurants after school and during holidays. Child labor also occurred in hotels and automobile workshops. Girls were employed primarily as domestic workers, where they were vulnerable to abuse and exploitation.
d. Discrimination with Respect to Employment and Occupation
The law prohibits employment discrimination for employees and job applicants and prescribes equal pay for equal work. Of the 497 workplace disputes, three were categorized as discrimination. Nepal-based organizations representing refugees claimed that Nepali-speaking Bhutanese were subject to discrimination with respect to employment and occupation (see section 6, National/Racial/Ethnic Minorities).
e. Acceptable Conditions of Work
The national minimum wage is greater than the national poverty level. The law defines the workday as eight hours per day with a one-hour lunch break, and employers are required to grant regular rest days; however, these laws were sometimes difficult to enforce. According to one media report, although the government extended maternity leave three more months in 2016, most organizations in the private sector had not implemented the new rule. Work in excess of the legal workday must be paid at 1.5 times the normal rate.
Government occupational safety and health standards are current and appropriate. Labor regulations grant workers the right to leave work situations that endanger their health and safety without jeopardy to their employment.
The government generally enforced minimum wage, work hours, and occupational health and safety standards, fines and imprisonment effectively in the formal sector. Such penalties generally were sufficient to deter violations. The number of labor inspectors was insufficient to cover the country’s industries. Labor regulations were not effectively applied in the informal sector. The Ministry of Labor and Human Resources, in its Annual Report 2017-2018, noted 90 accidents took place during the period, of which 33 were fatal. Such workplace accidents took place predominantly in the construction and manufacturing sectors.