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
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
and Protection of the Right to Organise (1948) in 1976 and Convention No. 98 on the Right to Organise and 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
(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 organising The process of forming or joining a trade union, or inducing other workers to form or join one. 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
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 - 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
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 - 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
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 - 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
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 (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
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 by referring the dispute to 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 - 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
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” in which 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 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
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 who had observed a work stoppage of one hour per day for one week.