Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law, including related regulations and statutory instruments, provides for the right of workers, except members of police and military services, to form or join unions of their choice, provides for the right to conduct legal strikes and bargain collectively, and prohibits antiunion discrimination by employers or others against union members or organizers. The law prohibits firing workers for union activities and provides for the reinstatement of dismissed workers within eight days of receiving a wrongful dismissal claim. The law allows unions in the formal sector to conduct their activities without interference. Worker organizations were independent of the government and political parties. According to the International Trade Union Confederation, the law does not have any objective criteria to establish recognition of representative trade unions, which could allow public and private employers to refuse to negotiate with unions on the grounds they were not representative. Foreigners are required to obtain residency status, which takes three years, before they may hold union office.
The law requires a protracted series of negotiations and a six-day notification period before a strike may take place, making legal strikes difficult to organize and maintain. Workers must maintain a minimum coverage in services whose interruption may endanger the lives, security, or health of persons; create a national crisis that threatens the lives of the population; or affect the operation of equipment. Additionally, if authorities deem a strike to be a threat to public order, the president has broad powers to compel strikers to return to work under threat of sanctions. Striking workers may legally be subjected to criminal penalties, including forced labor. The president also may require that strikes in essential services go to arbitration, although the law does not describe what constitutes essential services.
Apart from large industrial farms and some trades, legal protections excluded most laborers in the informal sector, including small farms, roadside street stalls, and urban workshops.
Before collective bargaining can begin, a union must represent 30 percent of workers. Collective bargaining agreements apply to employees in the formal sector, and many major businesses and civil-service sectors had them. Although the labor code may allow employers to refuse to negotiate, there were no such complaints from unions pending with the Ministry of Employment and Social Protection.
Media reported three teachers in Bouake, the second largest city, were injured in February when unidentified persons attacked members of a teachers’ union and burned motorbikes belonging to the teachers.
There were no complaints pending with the Ministry of Employment and Social Protection of antiunion discrimination or employer interference in union functions.
In February teachers from public primary and secondary schools and one university went on a two-month strike to claim better pay and working conditions. As a result two university teachers were jailed for public disorder and released two weeks later. Others were facing disciplinary actions at year’s end.
The constitution explicitly prohibits human trafficking, including forced labor and child labor. The law criminalizes all forms of human trafficking, including for the purposes of forced labor or slavery, and the worst forms of child labor. The law grants government officials the broad power of requisitioning labor for “national economic and social promotion,” in violation of international standards. The government engages in forced prison labor, and the law allows for forced labor for political prisoners.
The government did not effectively enforce the law. The government did not provide enough resources or conduct enough inspections to deter violations. Forced and compulsory labor continued to occur in small-scale and commercial production of agricultural products, particularly on cocoa, coffee, pineapple, cashew, and rubber plantations, and in the informal labor sector, such as domestic work, nonindustrial farm labor, artisanal mines, street shops, and restaurants. Children were subjected to forced begging and participation in drug trafficking.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The minimum age for employment is 16 years although the minimum age for apprenticeships is 14. The minimum age for hazardous work is 18 years. Minors younger than age 18 may not work at night. Although the law prohibits the exploitation of children in the workplace, the Ministry of Employment and Social Protection did not enforce the law effectively outside the civil service and large national and multinational companies.
The National Monitoring Committee on Actions to Fight Trafficking, Exploitation, and Child Labor (CNS), chaired by First Lady Dominique Ouattara, and the Interministerial Committee for the Fight against Trafficking, Exploitation, and Child Labor (CIM) are responsible for assessing government and donor actions on child labor.
The law prohibits child trafficking and the worst forms of child labor. The government took active steps to address the worst forms of child labor. The government worked on implementing its 2018-2020 National Action Plan against Trafficking, Exploitation, and Child Labor, and strengthened its National Child Labor Monitoring System. This program was launched in 2013 as a pilot in several departments to enable communities to collect and analyze statistical data on the worst forms of child labor and to monitor, report, and coordinate services for children involved in or at risk of child labor. Beginning in 2014 the government implemented stricter regulations on the travel of minors to and from the country, requiring children and parents to provide documentation of family ties, including at least a birth certificate. In late 2016 basic education became compulsory for children six to 16, increasing school attendance rates and diminishing the supply of children looking for work.
The Department of the Fight against Child Labor within the Ministry of Employment and Social Protection, CNS, and CIM led enforcement efforts. The government’s 2018-2020 National Action Plan calls for efforts to improve access to education and health care for children, and income-generating activities for their families, as well as nationwide surveys, awareness campaigns, and other projects with local NGOs to highlight the dangers associated with child labor. The First Lady’s NGO, Children of Africa, in partnership with the government, operated a shelter for child victims of trafficking and forced labor in the central-west region of the country. The government engaged in partnerships with the International Labor Organization, UNICEF, and the International Cocoa Initiative to implement these measures.
The List of Light Work Authorized for Children Between 13 to 16 Years of Age introduces and defines the concept of “socializing work,” unpaid work that teaches children to be productive members of the society. In addition the list states that a child cannot perform any work before 7 a.m. or after 7 p.m. or during regular school hours, that light work should not exceed 14 hours a week, and that it should not involve more than two hours on a school day or more than four hours a day during vacation.
The government did not effectively enforce the law. Child labor remained a problem, particularly in artisanal gold and diamond mines, agricultural plantations (generally small plots), and domestic work. Within agriculture, the worst forms of child labor were particularly prevalent in the cocoa and coffee sectors. Inspections during the year did not result in investigations into child labor crimes. Penalties were seldom applied and were not a deterrent to violations. The number of inspectors and resources for enforcement were insufficient to enforce the law.
Children routinely worked on family farms or as vendors, shoe shiners, errand runners, domestic helpers, street restaurant vendors, and car watchers and washers. Some girls as young as nine years old reportedly worked as domestic servants, often within their extended family networks. Children in rural areas continued to work on farms under hazardous conditions, including risk of injury from machetes, physical strain from carrying heavy loads, and exposure to harmful chemicals. According to international organizations, child labor was noticed increasingly on cashew plantations and in illegal gold mines, although no official studies had been conducted.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
The constitution provides for equal access to public or private employment and prohibits any discrimination in access to or in the pursuit of employment on the basis of sex, ethnicity, or political, religious, or philosophical opinions.
The law does not prohibit discrimination based on sexual orientation. The law specifically prohibits workplace discrimination based on HIV/AIDS status but does not address other communicable diseases. The labor code includes provisions to promote access to employment for persons with disabilities. It stipulates that employers must reserve a quota of jobs for qualified applicants. The law does not provide for penalties for employment discrimination.
The government did not effectively enforce the law. Human rights organizations continued to report discrimination with respect to gender, nationality, persons with disabilities, and LGBTI persons. While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted. The government updated its labor laws to prevent women from doing certain jobs deemed “work that exceeds the ability and physical capacity of women, or work that presents dangers which are likely to undermine their morality, for example, working underground or in the mines.” The government indicated that if a woman wanted to carry out any of the work on the “prohibited list,” she needed to contact an inspector at the Ministry of Labor.
While the law provides the same protections for migrant workers in the formal sector as it does for citizens, most faced discrimination in terms of wages and treatment.
The minimum wage varied by sector. The minimum wage in all sectors exceeded the government estimate for the poverty income level. The Ministry of Employment and Social Protection is responsible for enforcing the minimum wage. The government did not effectively enforce the law. Labor unions contributed to effective implementation of the minimum salary requirements in the formal sector. Approximately 85 percent of the total labor force was in the informal economy, in which labor law is not uniformly enforced. Labor federations attempted to fight for just treatment under the law for workers when companies failed to meet minimum salary requirements or discriminated between classes of workers, such as women or local versus foreign workers. The government started paying back wages based on a 2017 labor agreement reached with public-sector unions.
The law does not stipulate equal pay for equal work. There were no reports authorities took action to rectify the large salary discrepancies between foreign non-African employees and their African colleagues employed by the same companies.
The standard legal workweek is 40 hours. The law requires overtime pay for additional hours and provides for at least one 24-hour rest period per week. The law does not prohibit compulsory overtime.
The law establishes occupational safety and health standards in the formal sector, while the informal sector lacks regulation. The law provides for the establishment of a committee of occupational, safety, and health representatives responsible for verifying protection and worker health at workplaces. Such committees are to be composed of union members. The chair of the committee could report unhealthy and unsafe working conditions to the labor inspector without penalty. By law workers in the formal sector have the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment. They may utilize the inspection system of the Ministry of Employment and Social Protection to document dangerous working conditions. Authorities effectively protected employees in this situation. These standards do not apply in the informal sector. The law does not cover several million foreign migrant workers or workers in the informal sector, who accounted for 70 percent of the nonagricultural economy.
The government did not effectively enforce the law. Human rights organizations reported numerous complaints against employers, such as improper dismissals, uncertain contracts, failure to pay the minimum wage, and the failure to pay employee salaries. The failure to enroll workers in the country’s social security program and pay into it the amount the employer has deducted from the worker’s salary was also a problem. The government did not devote adequate resources or conduct adequate inspections to enforce applicable laws in the formal sector. Penalties for violations were insufficient to deter violations. Administrative judicial procedures were subject to lengthy delays and appeals.
The government enforced labor protections only for salaried workers employed by the government or registered with the social security office. Penalties were insufficient to deter violations. The Ministry of Employment and Social Protection employed insufficient labor inspectors to enforce the law effectively. Labor inspectors reportedly accepted bribes to ignore violations. While the law requires businesses to provide medical services for their employees, small firms, businesses in the informal sector, households employing domestic staff, and farms (particularly during the seasonal harvests) did not comply. Excessive hours of work were common, and employers rarely recorded and seldom paid overtime hours in accordance with the law. In particular, employees in the informal manufacturing sector often worked without adequate protective gear. Human rights organizations reported that working conditions in illegal gold mines remained very poor, including lack of fencing around mines, as well as large detonations and resulting deadly mudslides. According to a report released in April, there were 6,000 industrial accidents between 2015 and 2017, the most recent data available. According to government officials, the San Pedro region had an average of 400 industrial accidents per year over the past three years due to insufficient safety oversight.