Documented violations - actual number of cases may be higher
Population:
Capital: Sana'a
Capital: Sana'a
There is only one official trade union organisation, and the law is not conducive to trade union activities. Strikers were reprimanded in 2010.
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
Since the middle of 2009 clashes between government forces and rebels in the north-west of Yemen have killed hundreds and displaced many more leading to a humanitarian crisis. Unemployment remains extremely high with estimates of up to 40 percent. Many Yemenis are reportedly working for daily wages with little or no job security – one in ten of the workforce is a child. The government promised to improve the labour law to give more union freedom, but without results. A general 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 held in April over rising prices and low wages. Marginalised groups, and the Akhdam social group in particular, suffer from insecure work and low pay with women and children resorting to begging to survive. According to a local NGO, around 99% of sanitation workers are from Akhdam and 95% receive their pay daily instead of monthly.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was held in April over rising prices and low wages. Marginalised groups, and the Akhdam social group in particular, suffer from insecure work and low pay with women and children resorting to begging to survive. According to a local NGO, around 99% of sanitation workers are from Akhdam and 95% receive their pay daily instead of monthly.
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:
Capital: Sana'a
Capital: Sana'a
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Many excessive restrictions apply despite some trade union rights being recognised. While freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
is guaranteed in the Constitution, all unions must belong to the General Federation of Worker’s Trade Unions of Yemen (GFWTUY), the country’s only umbrella union organisation. A proposed Labour Code would allow foreign workers to join trade unions, although they would still not have the right to be elected to trade union office.
While the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is secured, the Ministry of Labour has the power to veto any collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement. Agreements that are “likely to cause a breach of security or to damage the economic interests of the country” can be annulled.
Furthermore, 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 very limited. Permission 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
must be obtained from the GFWTUY, and all strikes must concern more than two thirds of the workforce of the employer. Three weeks’ notice must always be given, and strikes may not be carried out for “political purposes”. Also, industrial disputes may be referred to compulsory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
at the request of only one of the parties, in which case 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
can be suspended for 85 days, and all strikes are banned in some sectors such as ports, airlines and hospitals.
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 recognized by law but strictly regulated.
The proposed Labour Code had still not passed into law by the end of 2009.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- All unions must belong to the General Federation of Worker's Trade Unions of Yemen, the country's only umbrella union organisation.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- >Non-national or migrant workers
- The draft Labour Code would allow foreign workers to join trade unions, but they would still not have the right to be elected to trade union office.
- >Domestic workers
- >Others categories
- Minors aged between 16 and 18 can only join a trade union if their legal guardian agrees.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' approval of freely concluded collective agreements
- The Ministry of Labour has the power of veto over any collective bargaining agreement. Agreements that are "likely to cause a breach of security or to damage the economic interests of the country" can be annulled.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Previous authorisation or approval by authorities required to hold a lawful strike
- Permission to strike must be obtained from the General Federation of Worker's Trade Unions of Yemen.
- >Excessive representativity or minimum number of members required to hold a lawful strike
- A strike call must concern more than two thirds of the workforce of the employer.
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- The proposal to strike must be put to at least 60% of all workers concerned, of whom 25% must vote in favour.
- >Excessively long prior notice / cooling-off period
- Three weeks’ notice must be given.
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)
- Strikes may not be carried out for "political purposes".
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers' power to prevent or end a strike by referring the dispute to arbitration
- Disputes may be referred to compulsory arbitration at the request of only one of the parties, in which case a strike can be suspended for 85 days.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Strikes are banned in some sectors, such as ports, airlines and hospitals.
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:
Capital: Sana'a
Capital: Sana'a
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Unorganised workers lack legal protection: Most construction workers and those in trades such as painting ceramics and shipment services who work in the capital, Sana’a, are employed on a daily basis without a written contract or legal protection. They are frequently cheated by employers and have no recompense in case of accidents. Specific legal provisions are also needed for the protection of workers’ organisations and sanctions against anti-union activity by employers.
Employer resistance to organising and bargaining: Many private sector employers do not allow their workers to organise. In both the public and private sector, many trade unions are not allowed to negotiate collective agreements. Strikes do occur however.
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:
Capital: Sana'a
Capital: Sana'a
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Striking oil workers arrested: Workers at the Safer refinery in Marib province went on 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 10 October to demand financial equity between new plant workers and former workers of the Hunt Oil Company, which was recently restructured along with better working conditions, hours, and pay. Some 47 strikers were later arrested on 19 October. 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 followed a 2009 April 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 which ended after the local authorities agreed to find a solution. According to the union there was an agreement mandating equity between these workers.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on 10 October to demand financial equity between new plant workers and former workers of the Hunt Oil Company, which was recently restructured along with better working conditions, hours, and pay. Some 47 strikers were later arrested on 19 October. 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 followed a 2009 April 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 which ended after the local authorities agreed to find a solution. According to the union there was an agreement mandating equity between these workers.
Journalists denied rights:
After a partial 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
of journalists working in four media groups and following negotiations with the Yemeni Journalists Syndicate in early 2009, the government agreed to a pay rise and improved contracts. The deal was due to be implemented in 2010 but was left out of the budget, sparking 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
in January. A further planned 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 called off following an agreement which went into force immediately in late January.
Meanwhile fears over the safety of journalists continue. Two journalists were shot in the southern Yemeni city of Ad Dali on 17 January by unknown gunmen. On 16 January 2010 Anisa Mohammed Ali Othman, a female reporter for Al-Wasat newspaper was convicted of ‘insulting the Head of State’ and sentenced to three months imprisonment and a one year ban from reporting. On 2 May Hossein Al-Leswas, editor and owner of the Al-Tajdid newspaper was sentenced by the Sanaa special court for press and publication offenses to one year imprisonment and a permanent ban on journalism work as punishment for reporting on corruption at a power Company. According to the Yemeni Journalists Syndicate, Al-Leswas has appealed but no date has yet been set for the hearing. On 16 August two journalists were detained and have since been held without charge. Abdelelaah Shaie, a reporter at the official Yemeni News Agency and Kmal Sharaf, a cartoonist at a state owned newspaper al-Gomhoriah were both arrested at their homes and detained by Yemeni National Security.
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:
Capital: Sana'a
Capital: Sana'a
reported violations - 2011
Documented violations - actual number of cases may be higher