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, and workers exercised these rights. Workers exercised the right to collective bargaining primarily in the nonagricultural sectors of the economy, including in the civil service. The law prohibits antiunion discrimination. Employers must reinstate workers who file a complaint of illegal dismissal, pending review of the complaint, which can cover termination for engaging in union activities. Generally, when essential workers conducted strikes, they did not suffer reprisals. Employers generally reinstated or paid compensation to employees who obtained favorable rulings by the ministry following a complaint of illegal dismissal.
The law designates emergency, port, electricity, telecommunications, and prison services, as well as the banana, coconut, and citrus fruit cultivation industries, as “essential,” limiting their right to strike. The International Labor Organization noted the list of essential services is broader than international standards. The procedure for essential workers to strike is cumbersome, involving appropriate notice and submission of the grievance to the labour commissioner for possible mediation. Strikes in essential services also could be subject to compulsory arbitration.
The government and employers generally respected freedom of association and the right to collective bargaining. The government generally enforced applicable laws, and penalties generally were sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays or appeals, and there were no such problems during the year. Government mediation and arbitration were free of charge. Few disputes escalated to strikes or sickouts. A company, a union representative, or an individual may request mediation by the Ministry of Justice, Immigration, and National Security.
In recent years mediation by the Office of the Labour Commissioner in the Ministry of Justice, Immigration, and National Security resolved approximately 70 percent of strikes and sickouts, while the rest were referred to the Industrial Relations Tribunal for binding arbitration.
Small, family-owned farms performed most agricultural work, and workers on such farms were not unionized.
b. Prohibition of Forced or Compulsory Labor
The constitution prohibits most forms of forced or compulsory labor, but the law does not prescribe penalties for forced labor. The government effectively enforced the law.
c. Prohibition of Child Labor and Minimum Age for Employment
The legal minimum age of employment is 12 if children work in family-run businesses and farms, as long as the work does not involve selling alcohol. The law allows children age 14 and older to work in apprenticeships and regular jobs that do not involve hazardous work. The law prohibits employing any child younger than 16 during the school year but makes an exception for family-owned businesses. While the government does not have a comprehensive list of hazardous work prohibited for children, the Ministry of Justice, Immigration, and National Security considers jobs such as mining and seafaring as hazardous. In addition, children younger than 18 are prohibited from working at night and from working on ships. Safety standards limit the type of work, conditions, and hours of work for children older than 14, most of whom worked in services or hospitality. Children may not work more than eight hours a day. The government effectively enforced these standards. The law provides for sentences sufficient to deter violations. Although resources were insufficient for comprehensive inspections, the laws and penalties generally were adequate to remove children from illegal child labor.
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 .
d. Discrimination with Respect to Employment and Occupation
The constitution specifically prohibits discrimination based on race, gender, place of origin, skin color, creed, or political opinion. The government generally enforced this provision. There were no government programs in place to prevent discrimination in the workplace and no penalties to deter violations.
Discrimination in employment and occupation occurred against women and persons with disabilities. Discrimination also occurred based on sexual orientation. The law permits employers to pay lower wages to persons with disabilities.
e. Acceptable Conditions of Work
The law establishes no universal minimum wage but rather sets base wages depending on the category of worker. The labor commissioner did not authorize subminimum wages during the year. No reliable recent data indicate whether average minimum wages are above or below the poverty level.
The law provides for overtime pay for work above the standard workweek of 40 hours. The law does not specifically prohibit forced or compulsory overtime. The law mandates that overtime wages be paid at a minimum of 1.5 times an employee’s standard wage and the employee must give prior agreement to work overtime.
The law ensures occupational health and safety standards are consistent with international standards. Workers have the right to remove themselves from unsafe work environments without jeopardizing their employment, and authorities effectively enforced this right.
Enforcement is the responsibility of the labor commissioner within the Ministry of Justice, Immigration, and National Security. This enforcement includes the informal sector, where workers were not commonly unionized. The commissioner lacked sufficient resources, including inspectors, to enforce the law effectively. The penalties for violations were insufficient to ensure compliance.
The informal sector was a significant part of the economy, but credible data on the informal workforce were unavailable. No social protection is provided to persons in the informal sector beyond social security benefits for maternity leave, sickness, disability, or death. Domestic workers are not covered by labor law and do not receive social protections.
Quarry workers faced hazardous conditions. Some reports claimed that workers entered mines before adequate time elapsed after blasting, which exposed them to hazardous chemicals.
There were no reported workplace accidents causing fatalities or major injuries during the year.