a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes; the government generally respected these rights. The law prohibits discrimination against unions and protects workers from dismissal, suspension, and changes in labor conditions. It also prohibits military and law enforcement personnel from forming and joining unions. The government effectively enforced the law. Complaints of unfair labor practices can be brought before the judiciary. Violations of the law may result in a fine being imposed on the employer or the relevant employers’ association, where appropriate. Penalties for violations were sufficient to deter violations. There were cases of significant delays or appeals in the collective bargaining process.

The law allows unions to register without prior authorization, and registered trade union organizations may engage in certain activities to represent their members, including petitioning the government and employers. The law grants official trade union status to only one union deemed the “most representative,” defined by law as the union that has the highest average proportion of dues-paying members to number of workers represented, per industrial sector within a specific geographical region. Only unions with such official recognition receive trade union immunity from employer reprisals against their officials, are permitted to deduct union dues directly from wages, and may bargain collectively with recourse to conciliation and arbitration. The most representative union bargains on behalf of all workers in a given sector, and collective agreements cover both union members and nonmembers in the sector. The law requires the Ministry of Labor, Employment, and Social Security to ratify collective bargaining agreements. The Argentine Workers Central (CTA Autonoma) Observatory of Social Rights claimed a decrease in the Labor Ministry’s ratifications of bargaining agreements in 2017. The International Labor Organization (ILO) requested that the government improve procedures to register trade unions and grant trade union status.

In 2015 officers from the Buenos Aires provincial police attempted to unionize. The national Labor, Employment, and Social Security Ministry, whose status the government changed in September from an independent ministry to a secretariat within the Ministry of Production and Labor, rejected the police petition. The officers appealed the ministry’s decision, but the Supreme Court affirmed the ministry’s decision in April 2017, ruling the Buenos Aires provincial police did not have the right to form a union under the country’s constitution and applicable laws.

The CTA Autonoma and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely ILO Convention No. 87, and prevented these unions from obtaining full legal standing. In 2013 the Supreme Court reaffirmed the need for more than one official union per sector and for amendments to the legislation. The ILO urged the government to bring the legislation into conformity with international labor standards.

Civil servants and workers in essential services may strike only after a compulsory 15-day conciliation process, and they are subject to the condition that unspecified “minimum services” be maintained. Once the conciliation term expires, civil servants and workers in essential services must give five days’ notice to the administrative authority and the public agency which they intend to strike. If “minimum services” are not previously defined in a collective bargaining agreement, all parties then negotiate which minimum services will continue to be provided and a schedule for their provision. The public agency, in turn, must provide clients two days’ notice of the impending strike.

Workers exercised freedom of association. Employers generally respected the right to bargain collectively and to strike. The CTA Autonoma claimed a decrease in the Labor Ministry’s ratifications of bargaining agreements in 2017.

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law. Penalties for violations were sufficient to deter violations.

Despite these mechanisms, forced labor, including forced child labor, occurred. The Ministry of Labor, Employment, and Social Security carried out 184,440 inspections in 2017 and found 32 cases of forced labor, all of which became formal judicial complaints. Efforts to hold perpetrators accountable continued during the year. In February a federal court overruled a prior ruling to acquit three individuals who recruited, transported, and lodged nine Bolivian individuals for forced labor in rural activities in Sierra de los Padres, Buenos Aires Province. Employers subjected a significant number of Bolivians, Paraguayans, and Peruvians, as well as Argentines from poorer northern provinces, to forced labor in the garment sector, agriculture, construction, domestic work, and small businesses (including restaurants and supermarkets). There was a report that Chinese citizens were victims of forced labor in supermarkets in the city of Cinco Saltos. Men, women, and children were victims of forced labor, although victims’ typical gender and age varied by employment sector (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

The minimum age for employment is 16. In rare cases labor authorities may authorize a younger child to work as part of a family unit. Children between the ages of 16 and 18 may work in a limited number of job categories and for limited hours if they have completed compulsory schooling, which normally ends at age 18. Children under 18 cannot be hired to perform perilous, arduous, or unhealthy jobs. The law requires employers to provide adequate care for workers’ children during work hours to discourage child labor.

Provincial governments and the city government of Buenos Aires are responsible for labor law enforcement. Penalties for employing underage workers were generally sufficient to deter violations.

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces.

Children engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and illicit activities such as the transport and sale of drugs. In 2017 authorities completed the Survey of Activities of Boys, Girls, and Adolescents to understand better child labor in the country. Preliminary findings indicated 9.4 percent of children between the ages of five and 15 and 30.6 percent of adolescents ages 16 and 17 engaged in some form of labor during the 2016-17 survey period. Principal activities were helping in a business or office; repair or construction of homes; cutting lawns or pruning trees; caring for children, the elderly, or the infirm; helping in a workshop; making bread, sweets, or other food for sale; gathering paper, boxes, cans, and other recyclables in the street; handing out flyers or promotional materials for a business; cleaning homes and businesses or washing and ironing clothes for others; and cultivating or harvesting agricultural products.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

The most prevalent cases of workplace discrimination were based on disability, gender (see section 6, Women), and age. Discrimination also occurred on the basis of HIV-positive status (see section 6, HIV/AIDS and Social Stigma) and against individuals of indigenous origin. In 2016 the Ministry of Labor, Employment, and Social Security issued a resolution promoting progressive actions in the workplace and prohibited companies from screening blood for HIV when conducting employment-related medical screening.

In August the government announced increases to the national monthly minimum wage for the June 2018 to June 2019 term, but the minimum wage remained below the official poverty income level for a family for four.

Federal law sets standards in the areas of hours and occupational safety and health. The maximum workday is eight hours, and the maximum workweek is 48 hours. Overtime pay is required for hours worked in excess of these limits. The law prohibits excessive overtime and defines permissible levels of overtime as three hours a day. Labor law mandates between 14 and 35 days of paid vacation, depending on the length of the worker’s service.

The law sets premium pay for overtime, adding an extra 50 percent of the hourly rate on ordinary days and 100 percent on Saturday afternoons, Sundays, and holidays. Employees cannot be forced to work overtime unless work stoppage would risk or cause injury, the need for overtime is caused by an act of God, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur.

The government sets occupational safety and health standards, which were current and appropriate for the main industries in the country. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. In 2016 Congress amended the Labor Risks Law to limit the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector. The Ministry of Production and Labor has responsibility for enforcing legislation related to working conditions. The ministry continued inspections to ensure companies’ workers were registered and formally employed. The ministry conducted inspections in various provinces during the year, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The National Statistics and Census Institute reported approximately 34 percent of the workforce worked informally as of the fourth quarter of 2017. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with health and safety laws and the activities of the labor risk insurance companies.

Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive, although formal workers’ pay was usually higher.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances.

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor code recognize the right to form independent trade unions and the right to strike, with significant restrictions. The law does not provide for the right to collective bargaining.

The law prohibits trade unions in the public sector. Public-sector workers may join private-sector trade unions and professional associations, although these entities may not bargain on their behalf. The law also prohibits members of the military services and domestic workers from joining unions. Foreign workers, composing nearly 80 percent of the civilian workforce, may join unions if they work in a sector that allows unions, although the law reserves union leadership roles for citizens. The law prohibits unions from engaging in political activities.

The law specifies only an official trade union may organize or declare a strike, and it imposes excessive requirements for legal strikes. The law prohibits strikes in 10 “vital” sectors–the scope of which exceeds international standards–including the oil, gas, education, telecommunications, transportation, and health sectors, as well as pharmacies and bakeries. The law makes no distinction between “vital” and “nonvital” employees within these sectors. Workers must approve a strike with a simple majority by secret ballot and provide 15 days’ notification to the employer before conducting a strike.

The law allows multiple trade union federations but prohibits multisector labor federations and bars individuals convicted of violating criminal laws that lead to trade union or executive council dissolution from holding union leadership posts. The law gives the labor minister, rather than the unions, the right to select the federation to represent workers in national-level bargaining and international forums. The law prohibits antiunion discrimination; however, in practice independent unions face government repression and harassment. The law does not require reinstatement of workers fired for union activity.

Relations between the main federations and the Ministry of Labor and Social Development were publicly contentious at times. The government sometimes interfered in GFBTU activities, such as preventing public May Day observances, although the ministry supported GFBTU partnership with international NGOs for training workshops.

Some workers and union affiliates complained union pluralism resulted in company management interfering in union dues collection and workers’ chosen union affiliation. They stated that management chose to negotiate with the union it found most favorable–to the detriment of existing collective bargaining agreements and the legitimate voice of workers.

In 2014, after signing a second tripartite agreement, the ILO dismissed the complaint filed in 2011 regarding the dismissal of workers. During the year the government reported it considered efforts at reinstatement, as reflected in the tripartite agreement, to be completed. The government reported that 154 of the 165 cases had been resolved through either reinstatement or by financial compensation. Human rights organizations and activists questioned the government’s claims and reported continuing, systemic labor discrimination.

Throughout the year hundreds of foreign construction workers went on strike because of unpaid salaries. An estimated 150 workers of the GP Zachariades (GPZ) construction group protested over unpaid wages. On August 3, news reports stated that former GPZ employees–90 Bahrainis and more than 400 expatriates–received pending salaries after the Ministry of Works, Municipality Affairs, and Urban Planning paid an outstanding one million dinars ($2.65 million) to GPZ. On December 11, local press reported that 150 GPZ employees protested over unpaid wages. The Ministry of Labor and Social Development reported that general talks with the GPZ officials were ongoing, and that as many as 1,500 employees had been affected. In a separate protest on June 15, hundreds of Indian, Bangladeshi, and Pakistani employees from the Orlando Construction Company claimed they had not been paid for six months. Through mediation between the Ministry of Labor, labor-sending countries’ labor attaches, and company leaders, the workers received their wages by year’s end.

The law prohibits all forms of forced or compulsory labor except in national emergencies, but the government did not always enforce the law effectively. There were reports of forced labor in the construction and service sectors. The labor law covers foreign workers, except domestic workers, but enforcement was lax, and cases of debt bondage were common. There were also reports of forced labor practices that occurred among domestic workers and others working in the informal sector; labor laws did not protect most of these workers. Domestic workers have the right to see their terms of employment, a right provided since 2012.

In many cases employers withheld passports, a practice prohibited by law, restricted movement, substituted contracts, or did not pay wages; some employers also threatened workers and subjected them to physical and sexual abuse. The Ministry of Labor and Social Development reported 2,990 labor complaints from domestic workers and constructions workers, mostly of unpaid wages or denied vacation time.

Estimates of the proportion of irregular migrant workers in the country under “free visa” arrangements–a practice where workers pay individuals or companies sponsor visas for persons who are then “free” to work wherever they want informally–ranged from 10 to 25 percent of the foreign workers in the country. The practice contributed to the problem of debt bondage, especially among low-wage workers. In numerous cases employers withheld salaries from foreign workers for months or years and refused to grant them permission to leave the country. Fear of deportation or employer retaliation prevented many foreign workers from complaining to authorities.

In July 2017 the Labor Market Regulatory Authority (LMRA) launched a flexible work-permit pilot program, which permits an individual to self-sponsor a work permit. It is available only to workers who are out of status and costs approximately 450 dinars ($1,200), in addition to a monthly fee of 30 dinars ($79). Some NGOs expressed concerns regarding the cost of the visa and the fact that it shifts responsibilities, such as health insurance, from the employer to the worker. According to government reports from October, more than 10,000 persons had received the flexi permit since its launch. Governments of origin countries stated that it was an important first step in regularizing undocumented workers but also criticized the program for being too expensive. The Philippines government provided some funding to cover application costs for its citizens who were eligible for the program. The LMRA reported that as of October there were approximately 70,000 undocumented workers in the country.

In 2016 the LMRA instituted procedures that allowed workers to change their employer associated with their visa–either without permission from their old employer or without their passport. The LMRA threatened employers who withheld passports with criminal and administrative violations and prohibited at-fault employers from hiring new workers. During the year the government shut down recruitment agencies and revoked licenses of others for infringing on workers’ rights. Recruitment agencies complicit in illegal practices may be subject to license revocation, legal action, shutdown of business operations, and/or a forfeit of license deposits.

The LMRA employed 72 inspectors who were sworn officers of the court, with the authority to conduct official investigations. LMRA inspector reports may result in fines, court cases, loss of work permits, and termination of businesses. These inspectors focus on the legal and administrative provisions under which individuals fall, including work permits, employer records, and licenses. The Ministry of Labor employed 23 general inspectors and occupational safety inspectors. Their roles are to inspect workplaces, occupational health and safety conditions, and the employer/employee work relationship.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

The minimum age for employment is 15, and the minimum age for hazardous work is 18. Children younger than 18 may not work in industries the Ministry of Health deemed hazardous or unhealthy, including construction, mining, and oil refining. They may work no more than six hours a day–no more than four days consecutively–and may be present on the employment premises no more than seven hours a day. The Ministry of Labor made rare exceptions on a case-by-case basis for juveniles age 14 or 15 with an urgent need to assist in providing financial support for their families. Child labor regulations do not apply to family-operated businesses in which the only other employees are family members.

The law requires that before the ministry makes a final decision on allowing a minor to work, the prospective employer must present documentation from the minor’s guardian giving the minor permission to work; proof the minor underwent a physical fitness examination to determine suitability; and assurance from the employer the minor would not work in an environment the ministry deemed hazardous. Generally, the government effectively enforced the law.

There were some cases of noncitizen children employed as domestic workers who had used fraudulent identity documents misrepresenting their age as 18 or older in order to secure employment. Observers believed some citizen children worked in family-run businesses, but the practice did not appear to be widespread. The law does not allow expatriate workers younger than 18 to work in the country.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

The constitution provides for equality between men and women in political, social, cultural, and economic spheres without breaching the provisions of Islamic law. The Labor Law deems dismissal for sex, color, religion, ideology, marital status, family responsibilities, and pregnancy to be arbitrary and illegal, but provides for no right to reinstatement. The law also prohibits wage discrimination based on sex, origin, language, religion, or ideology. There are no other specific protections regarding race, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status.

Women continued to face discrimination and barriers to advancement, especially in fields traditionally dominated by men, including leadership positions. They often faced hiring discrimination because of a perception they would become pregnant or their family lives would interfere with their work.

It remained rare for persons with disabilities to find employment in positions of responsibility. Many workplaces remained difficult to access for those needing assistance due to a lack of ramps, narrow doorways, and unpaved parking lots. The Ministry of Labor continued to fund a center offering employment and training services for citizens with disabilities.

Many workers in the country were foreign workers. There are no provisions to provide for equality in the hiring process. It was common for employers to advertise positions for specific nationalities or languages without justifying why only persons from that specific nationality or language group would be acceptable.

After a Bangladeshi mosque caretaker killed a Bahraini imam on August 4, the government increased scrutiny of foreigners entering the country. In August the Ministry of Interior announced an indefinite ban on issuing new visas to Bangladeshi workers. NGOs active in migrant worker issues estimated that Bangladeshi workers constituted the majority of undocumented residents.

Lack of transparency in hiring processes, especially for government positions, led to many complaints of discrimination based on sect or ethnicity. Human rights organizations reported that Shia citizens faced widespread employment discrimination in both the public and private sectors. Sunni citizens often received preference for employment in sensitive government positions, notably in the managerial ranks of the civil service, as well as positions in the security services and the military.

There is no national private-sector minimum wage. A standardized government pay scale covers public-sector workers, with a set minimum of 300 dinars ($795) per month. There is no minimum wage for foreign workers in the public sector, although the government issued “guidelines” advising employers in the public and private sectors to pay a minimum of 150 dinars ($398) per month. There was no official poverty level.

In April the local press reported that half of the workers in the country earned less than 200 dinars ($530) per month. According to the article, 380,084 workers (mostly men), including 3,307 citizens, earned a monthly wage of less than 200 dinars. Although the average salary for foreign workers was not mentioned, it stated that the average monthly wage for the country’s 158,415 citizen workers was 522 dinars ($1,380).

Subject to the provisions of the private-sector law, employers may not employ a worker for more than 48 hours per week. Employers may not employ Muslim workers during the month of Ramadan for more than six hours per day or 36 hours per week.

The Ministry of Labor sets occupational safety and health standards. The labor law and relevant protections apply to citizens and noncitizens alike, with the exception of domestic workers. The revised labor law improved the legal situation for many workers as it pertains to access to contracts and additional holidays, although it excludes domestic workers from the majority of protections.

The Ministry of Labor is responsible for enforcing the labor law and mandating acceptable conditions of work. The labor law stipulates that companies that violate occupational safety standards be subject to a fine between 500 dinars ($1,325) and 1,000 dinars ($2,650). In 2017 the ministry issued 561 prosecution notices to companies in violation of occupational safety standards.

The Ministry of Labor enforced occupational safety and health standards; it also used a team of engineers from multiple specialties primarily to investigate risks and standards at construction sites, which were the vast majority of worksites.

Inspectors have the authority to levy fines and close worksites if employers do not improve conditions by specified deadlines. A judge determines fines per violation, per worker affected, or both. A judge may also sentence violators to prison. For repeat violators, the court may double the penalties.

Despite the improvements, NGOs feared resources for enforcement of the laws remained inadequate for the number of worksites and workers, many worksites would not be inspected, and the regulations would not necessarily deter violations.

A ministerial decree prohibits outdoor work between noon and 4 p.m. during July and August because of heat conditions. Authorities enforced the ban among large firms but, according to local sources, violations were common among smaller businesses. Employers who violated the ban are subject to up to three months’ imprisonment, a fine ranging between 500 dinars ($1,325) and 1,000 dinars ($2,650), or both. The ministry documented 152 companies in noncompliance with the summer heat ban during the year.

The government and courts generally worked to rectify abuses brought to their attention. Workers could file complaints with the ministry. The vast majority of cases involving abused domestic workers did not reach the ministry or the public prosecutor. Police referred 40 cases to the National Referral Mechanism in the first half of the year. Individuals with referred cases received a range of services, including shelter provided by the National Committee for Combating Trafficking in Persons (NCCTIP).

The Migrant Workers Protection Society (MWPS) reported it visited unregistered camps and accommodations, including accommodations of irregular “free visa” workers, who often lived in overcrowded apartments with poor safety standards.

The government continued to conduct workers’ rights awareness campaigns. It published pamphlets on foreign resident workers’ rights in several languages, provided manuals on these rights to local diplomatic missions, and operated a telephone hotline for victims.

Violations of wage, overtime, and occupational safety and health standards were common in sectors employing foreign workers, such as construction, automotive repair, and domestic service. Unskilled foreign workers, mostly from South and Southeast Asia, constituted approximately 60 percent of the total workforce. These workers were vulnerable to dangerous or exploitive working conditions. According to NGOs, workplace safety inspection and compliance were substandard.

The labor law does not fully protect domestic workers, and this group was particularly vulnerable to exploitation. Domestic employees must have a contract, but the law does not provide for same rights accorded to other workers, including rest days. In December 2017 the LMRA announced that all newly arrived domestic workers would be required to use new tripartite work contracts. The recruitment agency, the employer, and the employee must agree upon the contents of the new contracts. According to local press reports, the new contracts include daily working hours, weekly day off, and mandatory wage receipts, among other conditions. Activists reported that usage of the forms among employers and recruitment agencies remained low throughout the year.

There were credible reports employers forced many of the country’s 91,000 domestic workers, most of them women, to work 12- to 16-hour days and surrender their identity documents to employers. Employers permitted very little time off, left them malnourished, and subjected them to verbal and physical abuse, including sexual molestation and rape. Reports of employers and recruitment agents beating or sexually abusing foreign women working in domestic positions were common, but the majority of cases involving domestic workers did not reach the Ministry of Labor. The press, embassies, and police received numerous reports of abuse. During the year the MWPS provided female domestic workers with temporary housing and assistance with their cases. Additionally, the NCCTIP provided 87 workers with shelter. The majority of women in these cases sought assistance with unpaid wages and complaints of physical abuse.

According to NGO sources, the construction sector employed more Indians, Bangladeshis, and Pakistanis than other nationalities. Worker deaths generally were due to a combination of inadequate enforcement of standards, violations of standards, inadequate safety procedures, worker ignorance of those procedures, and inadequate safety standards for equipment. While some workers may remove themselves from situations that endanger health or safety without jeopardizing their employment, the level of freedom workers enjoyed directly related to the types of work they performed.

A Ministry of Labor order requires employers to register any labor accommodations provided to employees. The order also mandates minimum housing standards for employer-provided accommodations. Many workers lived in unregistered accommodations that ranged in quality from makeshift accommodations in parking garages, to apartments rented by employers from private owners, to family houses modified to accommodate many persons. Conditions in the many unregistered or irregular worker camps were often poor. Inspectors do not have the right to enter houses or apartment buildings not registered as work camps to inspect conditions.

a. Freedom of Association and the Right to Collective Bargaining

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 there has been a ballot turnout of at least 50 percent. For “important public services,” defined as health services, education for those younger than the age of 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 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, although advocacy problems often overlapped. NGOs advocated for improvements in paid family leave, a minimum/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 with 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. More than 12,000 firms with a global turnover of 36 million pounds ($46.8 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. Albania, Nigeria, Vietnam, Romania, and Poland were the most likely countries of origin, but some victims were from the UK itself. 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, 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. Media did not report any cases of forced labor or worker exploitation in 2017. 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. The penalties for ‎employing someone outside the scope of their work permit or without a work permit are 5,000 Bermudian dollars ($5,000) for the first offense and $10,000 Bermudian dollars ($10,000) for the second or subsequent offenses. Penalties are levied to both the employer and the employee and are sufficient to deter violations.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

UK law prohibits the employment of children younger than the age of 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 for noncompliance consist of relatively low fines, but were sufficient to deter violations. The Department of Education did not keep records of the number of local prosecutions, but officials insisted the department effectively enforced applicable laws.

In Bermuda children younger than the age of 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 governments of Anguilla, the British Virgin Islands, the Falkland Islands (Islas Malvinas), Montserrat, and St. Helen-Ascension-Tristan da Cunha have not developed a list of hazardous occupations prohibited for children.

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 www.dol.gov/ilab/reports/child-labor/findings/  for information on UK territories.

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 government enacted mandatory gender pay reporting, aimed at closing the gender pay gap, a separate concept from the equal pay principle. From April, 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.

In July the government required the British Broadcasting Corporation to publish information on the earnings and salaries of employees making 150,000 pounds ($195,000) or more. The information revealed two-thirds of the 96 top earners were men and that the highest-paid woman earned less than a quarter of the salary of the highest-paid man. The gender pay gap for full-time workers fell in 2017 to 9.1 percent from 10 percent in 2016, although the gap including both full and part-time work remained stable at 18.4 percent.

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 people. Registered employers are required to submit annual reports to the Commission on the religious composition of their workforce.

The National Living Wage became law in 2016. All workers age 25 and older are legally entitled to at least 7.50 pounds ($9.75) per hour. Workers between 21 and 24 are legally entitled to the National Minimum Wage, which was 7.05 pounds ($9.17) per hour.

The government measures the poverty level as income less than 60 percent of the median household income; thus, the poverty line moves with the median income year to year. The median income is currently 27,200 pounds ($35,400), putting the poverty line at 16,320 pounds ($21,200) or less.

Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement. Civil penalties for noncompliant employers include fines of up to 200 percent of arrears capped at 20,000 pounds ($26,200) per worker) and public naming and shaming. Penalties were 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 is 400 pounds ($520), which 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 2016-17 show that the HSE and COPFS prosecuted 593 cases with at least one conviction secured in 554 of these cases, a conviction rate of 93 percent. Across all enforcing bodies, 9,495 notices were issued. HSE and COPFS prosecutions led to fines totaling 69.9 million pounds ($90.9 million) compared with the 38.3 million pounds ($49.8 million) in 2015-16.

According to the HSE annual report, 137 workers were killed at work in 2016-17. An estimated 621,000 workers sustained a nonfatal injury at work according to self-reports. A total of 71,062 industrial injuries were reported in 2017-18 in the UK.

Bermuda’s law does not currently provide a minimum wage, however, and update to the legislation is expected next year. The Department of Labor and Training currently enforces any contractually agreed wage. 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 sufficient to deter violations. There were three industrial injuries reported in Bermuda in 2018.