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- TITLE: YEMEN HUMAN RIGHTS PRACTICES, 1994
- AUTHOR: U.S. DEPARTMENT OF STATE
- DATE: FEBRUARY 1995
-
-
-
- Section 6 Worker Rights
-
- a. The Right of Association
-
- Workers have the right of association as stipulated by law.
- Before the outbreak of the civil war, labor unions in the north
- and south were closely controlled by the respective ruling
- parties. With the end of the war, the Labor Code of the former
- North Yemen has become the law in fact. The Government has not
- yet enacted a formal labor code.
-
- Under the law, a union may be set up by 100 or more workers
- upon application to and approval by the Government. If a union
- does not apply for or is not given governmental approval, it is
- illegal. The Code prescribes a single union system with one
- union committee, or union local, for each enterprise; one
- general union for an economic sector, and one national umbrella
- organization, Yemeni Confederation of Labor Unions (YCLU),
- which was established in 1990 at the time of the unification.
- The YCLU is affiliated with the International Confederation of
- Arab Trade Unions and the formerly Soviet-controlled World
- Federation of Trade Unions. Experts suggest that the
- Government likely would not tolerate the establishment of an
- alternative labor federation unless it believed it to be in its
- best interests.
-
- By law civil servants and public sector workers, and some
- categories of farm workers, may not join unions. The President
- is authorized to dissolve a union by decree. Unions may not
- legally engage in political activity and must allow the
- Government to inspect their records.
-
- The law neither prohibits nor provides for the right to strike,
- nor does it prohibit retribution against strikers. There were
- no known major strikes in 1994.
-
- b. The Right to Organize and Bargain Collectively
-
- Existing law does not protect the right to bargain
- collectively. The Government must approve any collective
- agreement. However, there are no known comprehensive
- collective bargaining agreements at present. Unions may
- negotiate wage settlements for their members and have often
- resorted to strikes or other actions to achieve their demands.
-
- The Labor Code does not prohibit antiunion discrimination.
- Therefore, employers are not required to reinstate workers
- fired for union activities. If employers engage in anti-union
- activity, the legal recourse for the union to fight such
- activity is limited. Nevertheless, there is a system of labor
- courts, which are often favorably disposed toward
- unions--especially if the employer is a foreign company.
-
- In 1993 the International Labor Organization's Committee of
- Experts urged the Government to adopt legislation protecting
- workers against antiunion discrimination. The Government has
- not yet taken such a step.
-
- There are no export processing zones.
-
- c. Prohibition of Forced or Compulsory Labor
-
- The Constitution prohibits forced or compulsory labor. There
- are no reports that it occurs.
-
- d. Minimum Age for Employment of Children
-
- Child labor is common, especially in rural areas. Even in
- urban areas, children may be observed working in workshops,
- stores, and begging in the streets. There is no minimum age
- for the employment of children, but the existing Code permits
- apprenticeships for children who are 14 years old. The
- Government is not able to enforce this regulation, however,
- especially in rural and remote areas where it has little
- influence over local custom. In general, family tradition and
- social mores do not discourage child labor.
-
- e. Acceptable Conditions of Work
-
- There is no minimum wage. The prevailing daily wage for
- unskilled workers allows only a very modest standard of living
- for a worker with a family. This low standard has been eroded
- further by inflation.
-
- The law prescribes a maximum 8-hour workday, but many workshops
- and stores operate 10- to 12-hour shifts without penalty. The
- law limits the workweek to 48 hours, but there is no specific
- provision for a 24-hour rest period. Government employees work
- a 35-hour, 6-day workweek.
-
- There is no legislation providing workers with the right to
- remove themselves from dangerous work situations. Enforcement
- of health and safety regulations is lax. Some foreign-owned
- companies implement higher health, safety, and environmental
- standards than required in Yemen.
-
-