Yemen
The armed conflict in Yemen has resulted in the largest humanitarian crisis in the world; parties to the conflict have killed and injured thousands of Yemeni civilians. According to the UN Group of Eminent International and Regional Experts on Yemen, “the situation in Yemen has reached a ‘surreal and absurd’ dimension. The continuation of violations underlines the complete lack of respect for international law and human life being displayed by parties to the conflict. For civilians in Yemen, there is simply no safe place to escape the ravages of the war.” It is estimated that more than 24.3 million people (80 per cent of the population) are in need of humanitarian assistance.
It is impossible for workers to enjoy their rights in a country where governmental institutions have fundamentally failed to hold those who are responsible for systematic violations of human rights and humanitarian law accountable. Respect for the rule of law is essential when it comes to the protection of the rights of workers.
The ITUC affiliate in Yemen is the General Federation of Worker’s Trade Unions of Yemen (GFWTUY).
Yemen ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1976 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1969.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Restrictions on workers’ right to form and join organisations 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 from forming or joining a union, or from holding a union office
- Others categories
- Minors aged between 16 and 18 can only join a trade union if their legal guardian agrees.
- 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
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- 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
Right to strike
The right to strike is recognised by law but strictly regulated.
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.
In practice
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. For example, following negotiations with the Yemeni Journalists Syndicate, an affiliate of the International Journalists Federation (IFJ), in early 2009, the government agreed to a pay rise and improved contracts for 2010. The agreement came after a partial strike of journalists working in four media groups who had observed a work stoppage of one hour per day for one week.