Documented violations - actual number of cases may be higher
Population:
6,300,000
Capital: Asunción
Capital: Asunción
Strategies were frequently deployed to prevent the formation of trade union organisations during 2010, especially in the urban transport and maritime industries. Thousands of workers were affected by trade union rights violations in the metal, banking and meat sectors. The labour legislation does not encourage trade union activities.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
President Fernando Lugo’s administration has encouraged social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. and has opened the way for better relations between the unions and the government. A number of unions backed a proposal to promote the creation of a Ministry of Labour, Employment and Social Security, but met with difficulties winning support for the initiative in Congress from sections of the government and the opposition.
The employment situation continues to be characterised by the sheer magnitude of the informal economy and the poverty wages - 60% of private sector workers earn less than the minimum wage. In 2010 the implementation of the tripartite agreement on decent work was launch. Trade union centres from Paraguay and Brazil signed a trade union cooperation agreement to protect the rights of Paraguayan workers migrating to Brazil.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
6,300,000
Capital: Asunción
Capital: Asunción
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Despite initial guarantees, a number of restrictions apply to trade union rights. The Constitution allows both private and public sector workers to form and join unions. However, the procedures for registering a union are cumbersome, and an inordinate 300 workers are needed to form an industrial union
industrial union
A union whose membership is composed of workers in a particular industry, regardless of their profession or skill level.
See company union
. Employers can also file a writ opposing the registration of a union. Furthermore, members of a union must belong to the respective occupation, and candidates for trade union office must work in the company and be active members of the union. Workers may not be members of more than one union either. Union activities are also restricted by the requirement that trade unions comply with all requests for consultations or reports from the labour authorities. While the law protects workers against anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, there are few genuinely dissuasive sanctions and the labour courts are not obliged to order the reinstatement of unfairly dismissed trade unionists.
Finally, the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is guaranteed in law, but all strikes must be directly and exclusively linked to the workers’ occupational interests.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
The law prohibits anti-union discrimination, however there are few genuinely dissuasive sanctions and the labour courts are not obliged to demand the reinstatement of unfairly dismissed trade unionists.
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- A minimum of 20 members is needed to establish a company union, 30 members for a union committee and 300 for an industry union. The latter requirement is considered excessive by the ILO.
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- All unions must be registered with the Ministry of Justice and Labour, and the procedures are cumbersome.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Workers may not be members of more than one union.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The CEACR has informed the Government provisions which require the members of a trade union to belong to the respective occupation and that the officers of the organisation be chosen from among its members are contrary to ILO Convention 87.
- >Other external interference allowed by law
- The law stipulates that trade unions must comply with all requests for consultations or reports from the labour authorities.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is regulated by a Labour Code.
- >The right to strike is recognised in the Labour Law.
Restrictions
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- The law provides that for a strike to be called its sole purpose must be directly and exclusively linked to the workers' occupational interests.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
6,300,000
Capital: Asunción
Capital: Asunción
reported violations - 2011
Documented violations - actual number of cases may be higher
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
6,300,000
Capital: Asunción
Capital: Asunción
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Trade union rights violated at ACEPAR steelworks: The Acerpar workers’ union SITRAC (Sindicato de Trabajadores de Acepar) staged a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on 23 April to demand respect for their collective agreement and better safety conditions. The peaceful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was violently suppressed by state security forces whilst the company recruited new staff to replace the striking workers. Meanwhile, the government ordered the arrest of the trade union leaders Hugo González Chirico, Hugo Cardozo, Mariano Velázquez and Daniel Ibarrolla on charges of disturbing the peace. The labour dispute labour dispute See industrial dispute continued throughout the year. In August, the Constitutional Court of the High Court of Justice, showing no regard for trade union rights, declared the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike illegal, placing 750 workers at risk of being dismissed.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on 23 April to demand respect for their collective agreement and better safety conditions. The peaceful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was violently suppressed by state security forces whilst the company recruited new staff to replace the striking workers. Meanwhile, the government ordered the arrest of the trade union leaders Hugo González Chirico, Hugo Cardozo, Mariano Velázquez and Daniel Ibarrolla on charges of disturbing the peace. The labour dispute labour dispute See industrial dispute continued throughout the year. In August, the Constitutional Court of the High Court of Justice, showing no regard for trade union rights, declared the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike illegal, placing 750 workers at risk of being dismissed.
Obstacles to formation of maritime workers’ union SOMUPA: On 15 October, maritime workers founded a union, SOMUPA (Sindicato de Obreros Marítimos Unidos del Paraguay), to demand that shipping companies put an end to the ill-treatment and abusive labour practices, that they pay decent wages and overtime, and provide employment contracts guaranteeing their rights. Just after the union was founded, a number of companies in the sector launched a campaign of intimidation, drawing up blacklists and carrying out dismissals to pressure workers to leave the union. The Labour and Justice Ministry then retracted its decision regarding the temporary registration of SOMUPA on 10 November, claiming that it was made outside of the legal deadline of 30 days, without duly notifying the union.
Anti-union practices at Banco Regional S.A.E.C.A.: Since the merger in November 2009 of the Banco Regional-Rabobank and ABN-AMRO Bank, the new Banco Regional has carried out a multitude of illegal actions, including breaches of the collective agreement on working conditions, the persecution of executive union members and ordinary members supporting union actions, as well as the use of violence in the form of moral and labour coercion. In addition, José Bareiro Gulino, a member of the ABN-AMRO Bank employees’ union was dismissed on 19 October. The bank claimed that he was dismissed to meet restructuring requirements, yet it continues to hire new staff, raising serious doubts as to its real motives.
Anti-union practices and breaches of collective agreements: In February, the workers at Frigoríficos Neuland formed a union. The company instantly dismissed the union leaders. The workers’ unions at the Frigomerc and Friasa meat companies staged an extended strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike between October and November to demand respect for the collective agreement and an end to the attacks on their trade union rights. Miguel Zayas Martínez and Jorge Alvarenga, general secretaries of the national trade union centres CNT (Central Nacional de Trabajadores) and CUT (Central Unitaria de Trabajadores), carried out hunger strikes in solidarity with the affected workers.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike between October and November to demand respect for the collective agreement and an end to the attacks on their trade union rights. Miguel Zayas Martínez and Jorge Alvarenga, general secretaries of the national trade union centres CNT (Central Nacional de Trabajadores) and CUT (Central Unitaria de Trabajadores), carried out hunger strikes in solidarity with the affected workers.
Obstacles to the formation of unions in the transport sector: Transport companies operating lines two and seven in the city of Mariano Roque Alonso, Central Department, were not hiring the workers involved in the activities to set up a union. Similarly, workers employed on line 59 in the city of Capiata, Central Department, were dismissed after forming a union. The company subsequently agreed to reinstate them following union action.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
6,300,000
Capital: Asunción
Capital: Asunción
reported violations - 2011
Documented violations - actual number of cases may be higher
Videos
- Decent Work and Life Seminar for Immigrant Workers from Brazil and Paraguay
Interviews
- Spotlight interview with Miguel Zayas Martínez (CNT - Paraguay)
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
6,300,000
Capital: Asunción
Capital: Asunción
reported violations
Documented violations - actual number of cases may be higher