Labour Rights Index 2024 - Full Text

 

Acknowledgements

The Wagelndicator Foundation and the Centre for Labour Research co-produced the first edition of the Labour Rights Index in 2020. The second edition was released in October 2022, and it included 135 countries. This is the third edition of the Labour Rights Index, covering 145 countries.

WageIndicator Foundation (Amsterdam), established in 2001, collects, compares and shares labour market information through online and offline surveys and research. Its national websites serve as always up-to-date online libraries featuring (living) wage information, labour law and career advice, for employees, employers and social partners. In this way, WageIndicator is a life changer for millions of people around the world. The WageIndicator works towards increased transparency in labour markets by providing access to minimum wages, living wages, and labour rights information.

The Centre for Labour Research, an independent non-profit registered in Pakistan, has a niche speciality in comparative labour research. Other than advising the federal and provincial government in Pakistan on labour issues, the Centre is the Wagelndicator's global Labour Law Office and maintains the Labour Law Database and Minimum Wages Database.

As explained in the first version, the Labour Rights Index is the culmination of more than 15 years of comparative labour law work by Iftikhar Ahmad, who has spearheaded this report. The work has benefited from valuable inputs from the Wagelndicator Foundation.

The team gratefully acknowledges Wagelndicator for their input and continuous support. Paulien Osse, Dirk Dragstra and Kea Tijdens reviewed the report and made valuable suggestions. In addition, feedback from Fiona Dragstra (Director Wagelndicator), Daniela Ceccon (Director Data, Wagelndicator), Professor Beryl ter Haar (University of Leiden), Professor Elena Sychenko (University of Bologna) and Asghar Jameel (Centre for Labour Research Board) helped refine the Index and its methodology. We are grateful to Diletta Porcheddu (ADAPT) and Michele Dalla Sega (ADAPT) for confirming labour law data for France and Italy. Shantanu Kishwar (WageIndicator) has supported simplifying the methodology for a better understanding of non-experts.

We are also grateful to all the organisations from which we source the key facts that are part of the country profiles.

These include the World Bank, the International Labour Organization and the Wagelndicator Foundation.

The scoring for country profiles under different indicators, though essentially hinged on the Decent Work Checks, have also been confirmed from other indices/reports, including the Women, Business and Law Database (World Bank), International Social Security Association (ISSA) Country Profiles, various ILO databases, the US Department of State's Country Reports on Human Rights Practices (USDOS CRHRP), the US ILAB Findings on the Worst Forms of Child Labour, the ITUC Global Rights Index and the Centre for Global Workers' Rights. Our special thanks and appreciation go to the International Labour Organization, whose instruments (conventions and recommendations) are part of our scoring methodology: the country scoring has been based on these instruments as much as possible. The comments and observations of the ILO supervisory body, the Committee of Experts on Application of Conventions and Recommendations (CEACR) were considered while scoring the indicator on Freedom of Association. Similarly, the US Department of State's Country Reports on Human Rights Practices have also been used to score freedom of Association questions.

Special thanks are due to the team members at the Centre for Labour Research who have worked long hours for months to produce this work. Iftikhar Ahmad has led the legal research, the methodology behind the Index, the scoring of countries and the drafting of the report. Seemab Haider has done outstanding work in designing heatmaps, country profiles and the 2024 report. Both Seemab Haider and Shanza Sohail have been part of the Labour Rights Index since its inception in 2020. Tasmeena Tahir has made exceptional contributions and has been involved in the entire process of the index, ranging from the collection of contextual indicators to legal research and reviewing the legal basis for countries.

We extend our sincere gratitude to our whole team for their tireless efforts to bring this report to fruition. In addition to their contributions to drafting, scoring, and conducting legal research, Ambreen Riaz and Razan Ayesha have provided invaluable support to all team members. Sobia Ahmad reviewed the scores and did a quality check of the data along with reviewing the report design. Ayesha Kiran and Ayesha Mir have supported the work by maintaining the Minimum Wages Database and Labour Rights Database, respectively.

Scoring is done by the Wagelndicator/Centre for Labour Research team comprising Iftikhar Ahmad, Shanza Sohail, Tasmeena Tahir, Ambreen Riaz and Razan Ayesha.

Sidharth Rath has created an informative video about the Labour Rights Index 2024, with a voiceover from Dirk Dragstra. The Labour Rights Index heat map has been developed by Seemab Haider. Special thanks to Paulien Osse and Gunjan Pandya for bringing the heat map and country profiles online.

The Index, heat map, and country profiles are available at: https://labourrightsindex.org.

Team Behind the Index

Foreword

With a great deal of pride, we at the WageIndicator Foundation are excited to launch the third edition of the Labour Rights Index in 2024. The Labour Rights Index is unique in its ambition and scope, now scoring labour laws in 145 countries relative to the Decent Work Agenda of the International Labour Organisation.

Though an invaluable source of knowledge, the Labour Rights Index’s impact goes further - it forms the basis of WageIndicator’s DecentWorkCheck survey. We use this survey to assess compliance with and awareness of labour laws in garment factories, flower farms, and factories in Indonesia, Bangladesh, Ethiopia, Uganda and Kenya. These survey findings have helped trade unions negotiate improved wages, safety standards, working hours and more for their workers, showing that the Index can tangibly benefit workers and create fairer workplaces world-over.

This latest edition of the Labour Rights Index also comes at an important moment. Since we launched the second edition in October 2022, several countries have changed labour laws to benefit workers.

West Asian countries have reformed the Kafala system that came under scrutiny in the wake of the 2022 FIFA World Cup, and we see changes in national labour law after the EU passed the Directive on Transparent and Predictable Working Conditions. Gender equality has been a prominent theme in reforms since 2020, with 16 countries passing reforms to enable equal access for women to the same jobs as men, 14 improving paternity leave, and 4 improving maternity leave provisions, just to name a few.

All of these developments point to an important and positive pattern - contrary to beliefs that globalised supply chains would lead manufacturing nations to weaken labour laws to attract investment, there is no race to the bottom in this domain. Instead, there seems to be a collective recognition that fair and equal workplaces are the foundation of stable societies and supply chains. Though there is still a long way to go in seeing these ambitions become reality both in letter and spirit, there are positive signs that we are on the right trajectory.

We hope that this 2024 edition of the Labour Rights Index can contribute to this cause, and provide you with the information you need for your work, your research, your advocacy campaign, your policy paper, or simply broadening your understanding of
labour laws in a comparative perspective.

Happy Decent Work Day!

Fiona Dragstra
Director WageIndicator Foundation

Copyright and Disclaimer

Copyright © 2024 by WageIndicator Foundation (Netherlands) and Centre for Labour Research (Pakistan)

All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below.

WageIndicator Foundation - www.wageindicator.org

WageIndicator Foundation is an independent non-profit organisation. It develops, operates and owns national WageIndicator websites with labour-related content, using data from its WageIndicator Salary and Working Conditions Survey, Minimum Wages Database, Collective Agreement Database, Salary Checks and Calculations, Decent Work Checks and related Labour Law Database, and Cost of Living Survey and resulting Living Wages Database.

The mission of WageIndicator is to promote labour market transparency for the benefit of all employers, employees and workers worldwide by sharing and comparing information on wages, labour law and careers. WageIndicator does so by making this information freely available on national WageIndicator websites in the national language(s). WageIndicator now has operations in 208 countries.

Centre for Labour Research - www.clr.org.pk

Centre for Labour Research, a non-profit organisation registered in Pakistan under section 42 of the Companies Act 2017, works on comparative labour issues. Besides its advisory work with the federal and provincial governments in Pakistan, the Centre is the WageIndicator Global Labour Law Office. The Centre creates the Decent Work Checks and maintains the WageIndicator Labour Law Database and WageIndicator Minimum Wages Database.

Bibliographical Information

WageIndicator Foundation and Centre for Labour Research (2024), Labour Rights Index 2024. Amsterdam, the Netherlands; Islamabad, Pakistan, October.

© WageIndicator Foundation and Centre for Labour Research 2024. All rights reserved. For queries and feedback, please write to us at office@wageindicator.org

Disclaimer 1: The maps used in this report are sourced from AM Charts and may not reflect the political ground realities. For reference, please see https://www.amcharts.com/

Disclaimer 2: The Labour Rights Index is based on comprehensive research by WageIndicator Foundation and the Centre for Labour Research. Every humanly possible effort has been made to refer to the correct legal source and score a country accordingly. However, there might be cases where scoring does not reflect the actual legislation. This could be either because we could not locate such legislation or there was a mistake in scoring. If you find such a case, please write to us at: office@wageindicator.org.

Credits: Photos used in the section on "Indicators for Decent Work" are sourced from Pexels and are free to use. Photo credits are given at end of each photo.

Section 1 INSIGHTS

Reforms Around The World

Summaries of Reforms

Between 1 January 2022 and 1 January 2024, we recorded 99 Changes to indicator scores. There were more than 70 instances where around 30 countries introduced positive legal reforms, resulting in a change of score on a component to 1. In 20 cases, scores improved because 20 countries revised their minimum wages during the last two years (after 1 January 2022). These countries had earlier not updated their minimum wages during the period of 1 January 2020-1 January 2022.

Over the same period, we identified 8 instances where countries either introduced legislative changes or did not revise their minimum wages during the last two years, resulting in a change in their score to 0. Indonesia, the United Arab Emirates, the Kyrgyz Republic, and Mozambique were the only countries to have introduced changes in their legislation that frustrated workers' rights, thereby affecting the provision of labour rights in these countries.

Algeria

❌ Fair Wages: Algeria did not revised its minimum wages during the last two years.
✔ Freedom of Association: Algeria has removed restrictions on workers’ right to form and join unions of their own choice.

Angola

✔ Fair Wages: Angola has updated its minimum wages during the last two years.
✔ Employment Security: Angola has restricted the hiring of fixed-term contract workers by limiting the length and renewals of fixed-term contracts to 60 months.
✔ Maternity at Work: Angola has explicitly prohibited inquiring about pregnancy during recruitment.
✔ Maternity at Work: Angola has extended the length of the maternity leave from 13 to 17 weeks.

Australia

✔ Employment Security: Australia has restricted the hiring of fixed-term contract workers by limiting the maximum length, including renewals, of fixed-term contracts to 24 months.

Azerbaijan

✔ Fair Treatment: Azerbaijan has removed restrictions on women’s employment. The law now allows women to work in the same jobs as men.

Bangladesh

✔ Fair Wages: Bangladesh has updated its minimum wages during the last two years.
✔ Social Security: Bangladesh has introduced contributory old-age pension and contributory survivors’ pension for its workers.
✔ Fair Treatment: Bangladesh has introduced the Suraksha scheme for self-employed by the National Pension Authority under the Universal Pension Management Act, 2023.

Benin

✔ Fair Wages: Benin has revised its minimum wages during the last two years.

Burkina Faso

✔ Fair Wages: Burkina Faso has updated its minimum wages during the last two years.

Cabo Verde

✔ Family Responsibilities: Cabo Verde has introduced a paid paternity leave of 11 calendar days for fathers. Earlier, it had only 2 days of paternity leave.

Cameroon

✔ Fair Wages: Cameroon has revised its minimum wages during the last two years.

Chile

✔ Decent Working Hours: Chile has restricted maximum working hours to 52 hours per week, including overtime. The general working hours have been reduced from 45 to 40 hours per week.

Congo

✔ Maternity at Work: Congo has enacted a reform that explicitly prohibits inquiring about pregnancy during recruitment.
Fair Treatment: Congo now prohibits sexual harassment in employment with criminal penalties.

Costa Rica

✔ Family Responsibilities: Costa Rica has introduced a paid paternity leave of 8 calendar days for fathers.

Côte D'Ivoire

✔ Fair Wages: Côte D'Ivoire has revised its minimum wages during the last two years.

Cyprus

✔ Fair Wages: Cyprus has updated its minimum wages during the last two years.

Egypt

✔ Fair Wages: Egypt has updated its minimum wages during the last two years.

El Salvador

❌ Fair Wages: El Salvador has not revised its minimum wages during the last two years.
✔ Child and Forced Labour: El Salvador sets employment entry age equal to or higher than the compulsory schooling age. The minimum age for employment and compulsory schooling age is 16 years.

Estonia

✔ Family Responsibilities: Estonia now requires flexible work arrangements for workers with family responsibilities.

Gambia

✔ Fair Wages: Gambia mandates the regular and timely payment of wages to all workers. Employment Security: Gambia requires severance pay at the rate of more than two weeks' wages for each year of service.
✔ Family Responsibilities: Gambia has introduced paid nursing breaks of one hour per day, starting after the end of maternity leave and lasting for 18 months.
✔ Maternity at Work: Gambia implicitly prohibits inquiring about pregnancy during recruitment by introducing pregnancy as one of the prohibited grounds for discrimination.
✔ Fair Treatment: Gambia has mandated equal remuneration for work of equal value. The country also prohibits discrimination in employment matters on at least seven of the ten grounds used in the “Discrimination in Employment” component.

Guinea

✔ Fair Wages: Guinea has updated its minimum wages during the last two years.

Haiti

✔ Fair Wages: Haiti has updated its minimum wages during the last two years.

Indonesia

❌ Decent Working Hours: Indonesia allows maximum working hours, including overtime, to extend up to 58 hours per week rather than limiting these to 56 hours.
✔ Fair Treatment: Indonesia now prohibits sexual harassment in employment with criminal penalties.

Ireland

✔ Family Responsibilities: Ireland now requires flexible work arrangements for workers with family responsibilities.

Jordan

✔ Fair Treatment: Jordan now prohibits sexual harassment in employment with criminal penalties. A 2023 amendment in the Jordanian labour law removed restrictions on the working of women in different occupations.

Kenya

✔ Fair Wages: Kenya has revised its minimum wages during the last two years.

Kyrgyz Republic

❌ Child and Forced Labour: The employment entry age in the Kyrgyz Republic is lower than the compulsory schooling age since the Education law has set the compulsory schooling age as 17 years while the employment entry age is 16 years.

Lao People's Democratic Republic (Laos)

✔ Fair Wages: Laos has revised its minimum wages during the last two years.

Lesotho

✔ Fair Wages: Lesotho has revised its minimum wages during the last two years.

Libya

✔ Fair Wages: Libya has revised its minimum wages during the last two years.

Luxembourg

✔ Family Responsibilities: Luxembourg now requires flexible work arrangements for workers with family responsibilities.

Malawi

✔ Social Security: Malawi has introduced state-administered old-age, survivors’ and invalidity benefits for its workers and their families.

Malaysia

✔ Family Responsibilities: Malaysia has introduced a paid paternity leave of 7 calendar days for fathers.
✔ Maternity at Work: Malaysia has extended the length of maternity leave from 8.5 weeks to 14 weeks. The country now also protects workers from dismissals during or on account of pregnancy.
✔ Fair Treatment: Malaysia now prohibits Sexual harassment in employment with civil remedies. The country has also removed restrictions on women’s employment. The law now allows women to work in the same jobs as men.

Malta

✔ Family Responsibilities: Malta has introduced a paid paternity leave of 10 working days for fathers. The country also requires flexible work arrangements for workers with family responsibilities.

Mozambique

✔ Family Responsibilities: Mozambique has introduced a paid paternity leave of 7 calendar days for fathers
✔ Freedom of Association: Mozambique has lifted restrictions on the right to strike for workers.
❌ Freedom of Association: Mozambique does not prohibit employers from terminating employment contracts of striking workers.

Myanmar

✔ Fair Wages: Myanmar has updated its minimum wages during the last two years.

Niger

✔ Fair Wages: Niger has revised its minimum wages during the last two years.
✔ Employment Security: Niger has reduced the length of the probation period, including renewals, from six months to a maximum of two months.

Nigeria

✔ Fair Wages: Nigeria has updated its minimum wages during the last two years.

Oman

✔ Employment Security: Oman has restricted the hiring of fixed-term contract workers by limiting the length of fixed-term contracts, including renewals, to 60 months.
✔ Family Responsibilities: Oman has introduced 365 days of parental leave for parents and 7 calendar days of paid paternity leave for fathers. The country has also introduced paid nursing breaks of one hour per day, starting after the end of maternity leave and lasting for 12 months.
✔ Maternity at Work: Oman has extended the length of maternity leave from 7.1 (50 days) to 14 weeks (98 days), and the maternity benefits are now paid through social insurance or the universal benefits system.
✔ Safe Work: Oman has restricted work that is prejudicial to the health of the mother or the child. Social Security: Oman has introduced state-administered unemployment benefits for its workers as well as state-administered sickness benefits during the first 6 months of sickness for its workers.
✔ Freedom of Association: Oman has lifted all restrictions on the right to bargain collectively with employers through their representative unions. The country also prohibits the replacement or termination of the striking workers.

Pakistan

✔ Family Responsibilities: Pakistan has introduced a paid paternity leave of 7 calendar days for fathers.

Papua New Guinea

❌ Fair Wages: Papua New Guinea did not revise its minimum wages during the last two years.

Peru

✔ Fair Wages: Peru has revised its minimum wages during the last two years.

Qatar

❌ Fair Wages: Qatar did not revise its minimum wages during the last two years.
✔ Fair Treatment: Qatar has introduced voluntary coverage protection for self-employed workers, which includes gig workers.

Rwanda

✔ Family Responsibilities: Rwanda has introduced a paid paternity leave of 7 calendar days for fathers
✔ Maternity at Work: Rwanda has extended the length of maternity leave from 12 to 14 weeks. The country also protects workers from dismissals during or on account of pregnancy.

Slovakia

✔ Family Responsibilities: Slovakia has introduced a paid paternity leave of 196 days for fathers. Slovakia now also requires flexible work arrangements for workers with family responsibilities.

Sri Lanka

❌ Fair Wages: Sri Lanka did not revise its minimum wages during the last two years.

Togo

✔ Fair Wages: Togo has revised its minimum wages during the last two years.
✔ Maternity at Work: Togo now protects workers from dismissals during or on account of pregnancy.

United Arab Emirates (UAE)

✔ Decent Working Hours: UAE has restricted maximum working hours, including overtime, to 56 hours per week provided that the maximum working hours cannot exceed 144 hours for every 3-week period.
❌ Employment Security: UAE requires less than 30 days’ notice before employment contract termination.
✔ Social Security: UAE has introduced state-administered unemployment benefits for its workers. Fair Treatment: UAE now prohibits discrimination in employment matters on at least seven of the ten grounds specified in the methodology of the Index.
✔ Fair Treatment: UAE has introduced voluntary coverage protection for self-employed workers.
✔ Child and Forced Labour: UAE prohibits the employment of children in hazardous work under the age of 18 years.

Uzbekistan

✔ Decent Working Hours: Uzbekistan now grants workers the right to enjoy more than three working weeks of paid annual leave.
✔ Fair Treatment: Uzbekistan has also removed restrictions on women’s employment. The law now allows women to work in the same jobs as men.
✔ Freedom of Association: Uzbekistan has removed restrictions on workers’ right to form and join unions of their own choice. The country has also lifted all restrictions on the workers’ right to bargain collectively with employers through their representative unions.

Zimbabwe

✔ Fair Treatment: Zimbabwe has mandated equal remuneration for work of equal value.

Global Trends in Labour Rights

The Labour Rights Index tracks the changes in workplace rights during the past two years. However, some countries have enacted regressive and repressive labour legislation, undermining and frustrating workers' rights.

The section describes some major trends before delving into detail at the country level.

Minimum Wages

As per the Labour Rights Index 2024, approximately 94% of (136 of the 145) countries have established statutory or negotiated minimum wage provisions. While two countries (Singapore and South Sudan) lack any minimum wage regulations, seven countries set minimum wages exclusively for nationals or for public sector employees. All 10 newly added countries have statutory minimum wage systems; however, only eight of those revised their minimum wages during the last two years. However, thirty- three countries have received negative scores due to the fact that, despite having statutory minimum wages, these wages have not been revised in the past two years. A notable advancement in this regard is the recent implementation of a non- discriminatory minimum wage policy in Jordan in 2023, following Qatar's introduction of a similar measure in 2020. This policy ensures that all workers, regardless of nationality (or migration status), receive equal minimum wage protection.

Maternity leave

In 2024, a review of 145 countries under the Labour Rights Index revealed that 102 of these countries offer a statutory maternity leave entitlement of 14 weeks. Of the remaining countries, only 14 provide less than 12 weeks of maternity leave, while 29 countries provide maternity leave of 12-13 weeks. This indicates that maternity leave is widely recognised as a fundamental right. In the contemporary world, the primary focus has shifted from whether paternity leave is available to ensuring that maternity leave is accompanied by adequate maternity benefits. Nonetheless, it is essential to implement legislation to prevent employers from imposing disadvantages, such as termination or discrimination due to pregnancy. During the last two years, Angola, Cabo Verde, Malaysia, Oman, Rwanda and the United Arab Emirates (UAE) have increased their maternity leave from previous levels though the maternity leave is still lower than 14 weeks in Cabo Verde and the UAE.

Paternity Leave

Paternity leave has experienced an upward trend over the past two years. At the time of scoring for the Labour Rights Index (LRI) 2022, only 59 countries provided a statutory right to paid paternity leave of at least seven calendar days for fathers at childbirth. This number has increased to 71 countries in 2024. This rise is partly attributed to the addition of 10 new countries to the index in 2024, among which 4 offer at least seven days of paid paternity leave. Nine countries that did not provide paternity leave in 2022 have now enacted necessary reforms requiring paid paternity of at least seven calendar days. These nine countries are spread across Africa (Cabo Verde, Mozambique, and Rwanda), Asia (Malaysia, Oman and Pakistan), Europe (Malta and Slovakia), and Latin America (Costa Rica).

Additionally, a significant number of countries (35) provide between 1-5 days of paid paternity leave, while the remainder either offer no leave (74 countries) or provide it on an unpaid basis (7 countries). Paternity leave is increasingly gaining traction among legislators, especially in the EU, as societies adapt to the realities of the modern world, where both parents often participate in the workforce. Iran and Oman are the only countries in the MENA region that require paid paternity leave of at least 7 calendar days. Such provisions facilitate a better balance between work and family responsibilities and promote a more equitable distribution of caregiving duties between men and women.

Pregnancy Testing

Though international regulatory standards (C183) prohibit requiring women workers to take pregnancy tests, with a few exceptions related to occupational risks to the worker's or child's health, there are 63 countries where the practice is not prohibited under legislation. Since 2022, Angola, Congo, and Gambia have prohibited pregnancy testing or inquiring about pregnancy during recruitment. This allows women to join the workforce rather than being stopped at the door. Moreover, nine of the ten newly added countries, Ecuador, Eswatini, Georgia, Moldova, North Macedonia, Sierra Leone, Taiwan, and Tajikistan, either implicitly or explicitly prohibit inquiring about pregnancy during recruitment.

Flexible Work Arrangements

According to the Labour Rights Index 2024, only 53 countries provide some form of flexible working arrangements for workers with family responsibilities. Of these, 34 are European countries. This prevalence is attributable to the EU Directive on Work-Life Balance for Parents and Carers, which grants all working parents of children up to at least 8 years old, as well as all carers, the right to request flexible working arrangements. These arrangements include reduced working hours, flexible working hours, and flexibility in the place of work.

European societies generally place a strong emphasis on achieving a balance between work and personal life, which has facilitated the widespread adoption of these flexible working arrangements. In contrast, such provisions are notably scarce in developing countries, where achieving a balance between work and family life remains a significant challenge. Even in developed countries outside of Europe, there is a marked disparity in the availability of flexible working arrangements, reflecting the broader emphasis European societies place on fostering work-life balance.

Sexual Harassment

According to the Labour Rights Index, over 80% (118 of the 145) of the countries have established statutory prohibitions against sexual harassment, accompanied by either criminal penalties or civil remedies. Thirteen countries have no provisions for addressing sexual harassment, while fourteen countries only have general prohibitions without any penalties. The implementation of robust sexual harassment laws is essential, as harassment frequently goes unaddressed or is not taken with the requisite seriousness. Enforcing penalties for sexual harassment is critical to ensuring that such conduct is properly deterred and addressed, thereby promoting safer and more respectful work environments. Congo, Indonesia, Jordan and Malaysia have enacted necessary reforms after 2022 to prohibit sexual harassment at work.

Equal Pay for Work of Equal Value

The gender wage gap, the difference between their earnings, expressed as a percentage of men's earnings, is a useful measure to indicate how far behind women are in terms of wages. Women earn, on average, significantly less than men. Globally, the gender wage gap currently stands on average at 23 per cent - meaning that women earn 77 per cent of what men earn for each hour worked. The pay gap is even wider for mothers, women of colour, immigrant women, and disabled women. Legislation requiring equal pay for work of equal value and mandating minimum living wages can help narrow the gender pay gap in a country. Twenty-four countries require equal pay for equal, same or similar work; however, these countries did not get a score since the legislative provisions do not meet the “equal remuneration for work of equal value” standard. scored Three countries, Gambia, Uzbekistan and Zimbabwe, have enacted reforms mandating equal pay for work of equal value.

Women’s Access to Same Jobs as Men

In the Labour Rights Index 2024, it is reported that 85 countries have provisions ensuring women have access to the same job opportunities as men. However, labour legislation in nearly half of the countries assessed by the Index imposes restrictions on women’s access to certain occupations under the guise of protection. These restrictions often include prohibitions on night work, the designation of extensive lists of jobs as dangerous or hazardous for women, and bans on women’s employment in sectors such as mining, construction, certain factories, and transportation. Such legislative measures constrain employment opportunities for women, contributing to their concentration in lower-income and lower- productivity jobs. Azerbaijan, Costa Rica, Jordan, Kazakhstan, Malaysia, and Uzbekistan enacted reforms during the last two years, allowing women to work the same jobs as men.

Among the 10 new countries added to the Index, Ecuador, Georgia, Moldova, North Macedonia, Sierra Leone, and Taiwan have established provisions that ensure women have access to the same jobs as men.

Section 2 CONCEPTUAL FRAMEWORK

Introduction

This is the third edition of the Labour Rights Index. Starting from 2020, the Index is released biennially. The first and second editions of the Index included 115 and 135 countries respectively.

The third edition of the Index has 145 countries and covers labour market regulation affecting approx. 95% of the global labour force (3.369 billion workers), especially the formal sector workers. Even when we consider the proportion of informal employment in total employment (58%) at the global level, the formal sector workers who are impacted by these labour regulations are above 1.5 billion.

Labour Rights Index is a wide-ranging assessment of labour market regulations in 145 countries. It focuses on de jure (according to law) aspects of the labour market. The report scores 145 economies on

10 areas of labour market regulation. These are referred to as indicators. There is no other comparable project in terms of scope. The Index sheds light on a range of differences in laws/regulations on 46 topics or components across

145 countries. The Index offers a comprehensive picture of the (legislative) obstacles that workers face globally to enter the labour market and remain in the workforce.

The Labour Rights Index, while one of the many[1] de jure indices, is arguably the most comprehensive one yet in the field of workers' rights, as it encompasses every aspect of the working lifespan of a worker and identifies the presence of labour rights, or lack thereof, in national legal systems worldwide. The Index measures decent work and provides detailed information on rights at work as well as the local legal framework for regulating the labour market.[2]

While grounded in SDG 8[3], the Labour Rights Index is a tool essentially directed at governments and international organisations. And even though the underlying document for this Index, i.e.,the Decent Work Check, is aimed mainly at workers and trade unions, the Index targets national-level organisations like government agencies, trade union federations and multilateral organisations such as the United Nations. This Index measures all labour rights protections that have been referred to in Target 8.8.[4] The Labour Rights Index emphasises the importance of a well- functioning legal and regulatory system in creating enabling conditions for the achievement of Decent Work.

As a corollary, it lays bare the adverse impact of lack of regulation or inadequate regulation on the smooth functioning of (a) labour market(s). The Index does recognise large implementation gaps due to a lack of adequate supporting frameworks, including strong enforcement mechanisms.

The 2010 World Social Security Report notes that even the widest and most expansive legal foundations cannot achieve the desired outcomes if these are not enforced and backed by sufficient resources. Nevertheless, strong legal foundations are a precondition for securing higher provisions and resources. There is not a single situation where a country provides generous benefits without a comprehensive legal basis.[5]

Similar points have been raised by Botero et al.[6] that formal rules, although different from "on the ground" situations, still matter a lot. Botero's work formed the basis of the Doing Business Indicators by the World Bank. Research indicates that in the absence of legislation, even the wealthiest country in the world, i.e., the United States of America, is unable to ensure decent working conditions for a majority of its citizens. As explained by Heymann and Earle[7] "laws indicate a state's commitment to its people, lead to change by shaping public attitudes, encourage government follow-up through inspection and implementation of the law and allow court action for enforcement."

As an international qualification standard, the primary focus of the Labour Rights Index on larger administrative bodies does not limit its usability for actors at multiple levels. National scores can be used by the civil society organisations as starting points for negotiations and initiation of reforms. Ratings can be made prerequisites for international socio- economic agreements to ensure compliance with labour standards, similar to EU's GSP+[8] and USA's GSP[9], which require compliance in law and practice with specific labour standards in order to avail certain trade benefits through reduced tariffs. The Index provides meaningful input into policy discussions to improve labour market protections at the country level.

The Labour Rights Index is also a useful benchmarking tool that can be used in stimulating policy debate as it can help in exposing challenges and identifying regulatory best practices. The Index provides meaningful input into policy discussions to improve labour market protections at the country level. The Labour Rights Index is a repository of "objective and actionable" data on labour market regulation along with the relevant best practices which can be used by countries worldwide to initiate necessary reforms. The comparative tool can also be used by labour ministries for finding legislative best practices within their own regions and around the world.

The Labour Rights Index can work as an efficient aid for workers as well to gauge the labour rights protections in laws across countries. With increased internet use, the availability of reliable and objective legal rights information is the first step towards compliance. The Labour Rights Index helps in achieving that step. The Index is similarly useful for national and transnational employers to gauge their statutory obligations in different workplaces and legal settings.

It can be used as a benchmarking tool for policy making. While the Index does not promote "legislative transplants", it shows the globally recommended standards based on UN or ILO Conventions and Recommendations. Similarly, the Index does not advocate the idea of "one size fits all"; rather, countries may provide certain rights through statutory means or allow negotiation between the parties at a collective level.

Linkage with SDGs

In September 2015, 193 states decided to adopt a set of 17 goals to end poverty and ensure decent work as part of the Sustainable Development Goals (SDGs). Each goal has specific targets to be achieved over 15 years. There are 169 targets and 231 indicators listed under these 17 SDGs.[10] The Labour Rights Index aims at an active contribution to the Sustainable Development Goals by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG 5 (Gender Equality), SDG 8 (Decent Jobs), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions).

The inextricable yet dormant link between decent work and economic growth has had a special trajectory with respect to development goals. Unlike the Millennium Development Goals (MDGs), where full employment and decent work were addressed through the inclusion of a new target (Target 1B[11]) in 2007 (six years after the start of the MDGs in 2001), Goal 8 under the SDGs focuses on the promotion of inclusive and sustainable economic growth that leads to employment and decent work for all.[12] Although SDG 8 merges two separate areas of economic growth and employment into a single SDG, it is important to remember that issues related to the world of work are already part of the 20230 Agenda for Sustainable Development. Employment and employment-related issues are also referred to in other goals, including SDGs 2 (Zero Hunger), SDG 3 (Good Health and Well-being), SDG 4 (Quality Education), SDG 5 (Gender Equality), SDG 9 (Industry, Innovation and Infrastructure), SDG 10 (Reduced Inequality), SDG 11 (Sustainable Cities and Communities), SDG 12 (Responsible Consumption and Production), SDG 13 (Climate Action) & SDG 16 (Peace, Justice and Strong Institutions). The achivement of some of these goals, especially reduction of poverty (SDG 1), eradication of hunger (SDG 2) and reduction of inequality (SDG 10) are all dependent on SDG 8 where people are engaged in full and productive employment and decent work for all is ensured.

The Sustainable Development Goals also recognise the importance of legislation in achievement of SDGs. For example, we can consider the following targets and indicators:

• 5.c Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels
• 10.3 Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard
• 16.b Promote and enforce non-discriminatory laws and policies for sustainable development

Target 8.8 refers explicitly to the protection of labour rights and promotion of safe and secure working environments for all workers, including migrant workers, in particular women migrants and those in precarious employment. While Target 8.8 talks about the protection of all labour rights, Indicator 8.8.2 is solely concerned with national compliance with freedom of association and collective bargaining rights. There is no doubt that the freedom of association and the right to collective bargaining are enabling rights.

However, as required under Target 8.8, the protection of labour rights has to be holistically ensured, including for those in precarious employment, the most recent form of which is the gig economy. Instead of focusing only on trade union rights, all workplace rights can and should be measured and monitored both in law and practice. The Labour Rights Index attempts to make a distinctive contribution by focusing on Target 8.8 (protect labour rights and promote safe and secure working environments for all workers).

Significant work in this sphere exists in the form of few ILO databases[13] and some indices like the World Bank's Employing Workers database[14], the Women, Business and Law Database[15], the World Economic Forum's Global Competitiveness Index (Labour Market Efficiency Pillar)[16] the Harvard/ NBER Global Labour Survey[17], the Index of Economic Freedoms (Labour Freedom component) [18] and the International Social Security Association(ISSA)[19] the OECD Indicators of Employment Protection[20], and the CBR-LRI (CBR Labour Regulation Index).[21]

Each of the mentioned surveys deals with specific aspects concerning labour rights. The ITUC Global Rights Index, measures trade union rights using nearly 97 indicators.[22] Similarly, The Centre for Global Workers' Rights under Penn State University has worked on the Labour Rights Indicators measuring compliance both in law and practice for freedom of association and rights to collective bargaining through 108 indicators.[23] The same indicators or evaluation criteria have been proposed by the ILO for measuring progress under SDG Indicator 8.8.2.

Despite this glut of indices on labour rights, experts at the Wagelndicator Foundation and the Centre for Labour Research[24] have been working on the idea of a new de jure index, i.e., the Labour Rights Index. While various targets under SDG 8 focus on statistical data, none of those targets and indicators delves into the dejure labour rights protections as required under Target 8.8. Based on 10 indicators and 46 evaluation criteria, the Index compares labour legislation[25] in 145 countries. There is no other comparable work in scale and scope on labour market regulations.

The 10 indicators cover the following aspects: fundamental workers' rights (the right to unionise and the elimination of employment discrimination, elimination of child and forced labour, and safe and healthy working environment), fair wages, decent working hours, employment security, social protection (access to the living wage, unemployment, old age, disability and survivor benefits and health insurance), and work-life balance for workers with family responsibilities. All index components are grounded in and linked with a selected list of international conventions and covenants.

The work is essentially based on ten substantive elements which are closely linked to the four strategic pillars of the Decent Work Agenda, that is, (i) Core labour standards and fundamental principles and rights at work (ii) Employment creation (iii) Social protection and (iv) Social dialogue and tripartism. The ILO Declaration on Social Justice for a Fair Globalisation 2008 has emphasised that the four strategic objectives of the Decent Work Agenda are "inseparable, interrelated and mutually supportive. The failure to promote any one of them would harm progress towards the others”.[26] Based on the recommendation of the 2008 ILO Declaration to establish appropriate indicators to monitor and evaluate the progress achieved, the ILO adopted a framework of statistical and legal Decent Work Indicators.

The framework indicators cover the ten substantive elements of the Decent Work Agenda. These elements are:[27]

1. Employment opportunities
2. Adequate earnings and productive work
3. Decent working time
4. Combining work, family and personal life
5. Work that should be abolished (child labour and forced labour)
6. Stability and security of work
7. Equal opportunity and treatment in employment
8. Safe work environment
9. Social security
10. Social dialogue, employers' and workers' representation

Progress on Target 8.8, requiring protection of labour rights for all workers, including those in precarious employment, can be measured only through the comprehensive Labour Rights Index. Given the labour market havoc wreaked by the COVID-19 pandemic and climate changes in recent years[28], this is the most opportune time to address the protection of all labour rights and measure the progress of member countries. It is time to measure every country's progress on all labour protections, as stipulated in Target 8.8.

The Index is further built on the WageIndicaor Decent Work Checks, which have detailed explanations of de jure provisions on various workplace rights under national labour laws. These country documents are revised on an annual basis.

While many would argue against building another index focusing only on de jure labour market institutions and provisions (namely, due to the existence of large informal sectors in developing countries, non-compliance coupled with the tepid and lacklustre implementation of labour laws), well-drafted and inclusive laws are still a precondition for attaining decent work. Well-drafted laws provide clear and explicit answers to difficult and perplexing questions.

The results and insights from the comparative Labour Rights Index can be used to bring much-needed labour legislation reforms in various countries. Universal labour guarantees or basic labour protections should be available to everyone. This essentially means that all workers, regardless of their contractual arrangement or employment status, should enjoy fundamental workers' rights (freedom of association and right to collective bargaining, non-discrimination, no forced or child labour), an adequate living wage, maximum limits on working hours, safety and health at work, and access to the social protection system. The Index will not only help reform and develop missing legal provisions but will also help in tracing the jurisprudential evolution of legal systems in one of the most impressionable legal spheres.

Progress on Target 8.8, requiring protection of labour rights for all workers, including those in precarious employment, can be measured only through the comprehensive Labour Rights Index. Given the labour market havoc wreaked by the COVID-19 pandemic and climate changes in recent years[28], this is the most opportune time to address the protection of all labour rights and measure the progress of member countries. It is time to measure every country's progress on all labour protections, as stipulated in Target 8.8.

Data Notes

The Wagelndicator Foundation and the Centre for Labour Research have developed the Labour Rights Index, which looks at the status of countries in terms of providing laws related to decent work for the labour force. The data set covers 10 indicators for 145 countries. The Index aims to provide a snapshot of the labour rights present in the legislation of the countries covered.

The following assumptions have been used while constructing the Labour Rights Index. The worker in question

•  Is skilled;[29]
•  Is at least a minimum wage worker;
•  Resides in the economy's most populous province/state/area;
•  Is a lawful citizen or a legal immigrant of the economy; [30]
•  Is a full-time employee with a permanent contract in a medium-sized enterprise with at least 60 employees;
•  Has work experience of one year or more;
•  Is assumed to be registered with the relevant social security institution and for a long enough time to accrue various monetary benefits (maternity, sickness, work injury, old age pension, survivors', and invalidity benefit); and
•  Is assumed to have been working long enough to access leaves (maternity, paternity, paternal, sick, and annual leave) and various social benefits, including unemployment benefits.

Methodology

The scores for each indicator are obtained by computing the unweighted average of the answers under that indicator and scaling the result to 100. The final scores for the countries are then determined by taking each indicator's average, where 100 is the maximum score to achieve. Where an indicator has four questions, each question/component has a score of 25. Where an indicator has five questions, each question/component has a score of 20. A Labour Rights Index score of 100 would indicate that there are no statutory decent work deficits in the areas covered by the Index.

The subtopics in a Decent Work Check (DWC)[31] have been used to structure 46 questions under the indicators in constructing this Index. However, what differentiates the Labour Rights Index from the Decent Work Checks is that it is more specific, adds newer topics like pregnancy inquiry, comparison between minimum age for employment and compulsory schooling age, and scoring of freedom of association questions is not solely dependent on labour legislation in the country. Forty-six data points are obtained across 10 indicators, each containing four to five binary questions. Each indicator represents an aspect of work which is considered important for achieving decent work.[32]

The scores for each indicator are obtained by computing the unweighted average of the answers under that indicator and scaling the result to 100. The final scores for the countries are then determined by taking each indicator's average, where 100 is the maximum score to achieve. Where an indicator has four questions, each question/component has a score of 25. Where an indicator has five questions, each question/component has a score of 20. A Labour Rights Index score of 100 would indicate that there are no statutory decent work deficits in the areas covered by the Index.

Conceptual Framework

The Index consists of ten elements disaggregated into 46 components. These indicators and their components are presented below. Detailed description for each component can be found in the section on Indicators for Decent Work.

To illustrate the scoring process in the Index, Pakistan, for example, receives a score of 75 under the indicator of Child and Forced Labour. This signifies that the country generally has legal protections in place for children and young persons participating in the labour market, however the legislation allows employment of children before completion of compulsory schooling. Under the indicator of Family Responsibilities, Pakistan scores 25 since the legislation does not guarantee parental leave, flexible work arrangements for workers with family responsibilities, and paid nursing breaks.

Scoring along these lines for a country, the overall score of Pakistan is determined by taking the unweighted average of the scores for all 10 indicators on a 0-100 scale, where 0 represents the worst regulatory performance and 100 the best regulatory performance in the labour market. The overall score for Pakistan is 53.5. For a comparison with other countries, please refer to the overall scores table at the start of this report.

The labour legislation of the 145 countries, applicable on 1 January 2024, is the source of information used to answer questions in the Labour Rights Index. Strengths and limitations exist with this approach. While the Labour Rights Index has been designed to be an easily replicable tool to benchmark countries, there are certain advantages and limitations. To ensure comparability of data across 145 economies, specific assumptions have been made. The indicators in the Index are based on standardised assumptions to make the laws comparable across countries. For instance, an assumption used for this Index is that the worker in question who is affected by the labour laws has experience of one year or more at a workplace, as questions on annual leave and severance pay can only apply to this kind of worker. Hence, workers with temporary contracts of a duration of less than one year may not have access to such rights.

Another assumption underlying the Index is that the focus is on the labour legislation, which applies to the most populous province/state/area of a country.

This allows the Index to give a more accurate depiction of a country's labour rights as the labour laws affect most of its population, even though the legislation affecting workers in areas with lower populations may be different.

Furthermore, the Index is also based on labour legislation which applies to the formal economy in the private sector. Despite more than 60 per cent of the global workforce in need of transitioning from informal to the formal economy[33] focusing on the labour laws affecting the formal sector retains attention on the sector since the labour laws in the formal economy are more applicable and that is the ultimate goal. ILO Recommendation 204 also recommends gradual transition from the informal to the formal economy through the enactment of necessary legislation and reduction of barriers to transition. Focusing on the formal economy and its applicable legislation also indicates the kind of rights that will be available to the informal economy workers on successful transition to the formal economy.

Other than statutes, the Labour Rights Index also considers general or inter-professional collective agreements applicable at the national level. For countries where minimum wages are determined through collective bargaining, sectoral agreements (for major economic sectors) can also be considered.

Strengths and Limitations of the Labour Rights Index

Moreover, this report acknowledges the presence of gaps between legislation and its practice. For instance, gaps could stem from the lack of implementation of laws because of poor enforcement, weak design, or limited capacity. Still, observing differences in legislation helps give a clearer understanding of where labour rights may be limited in practice. This study also recognises the presence of social, economic and cultural factors affecting the practice of legal rights. For example, women may not be working at night, although legally allowed, as social and cultural norms could restrain such options. Or a lack of safe transport may limit women's employment during night hours. Poverty-stricken areas may have children under the minimum working age being employed for long hours and not in light work. Workers may be doing overtime exceeding the weekly hour limit because the culture at their organisations may view such workers as harder working and thus more deserving of a reward. The Labour Rights Index 2024 acknowledges the restraints of its standardised assumptions and focuses on codified law. Even if these assumptions do not cover all the labour force in the country, they ensure the comparability of data.

Unlike other indices, the Labour Rights Index does not consider ratification of international conventions in its scoring or rating system since mere ratification is not a good indicator of actual implementation of international labour standards.

It uses the standards prescribed in these Conventions (e.g., 14 weeks of maternity leave or the minimum age for hazardous work as 18 years) and scores countries on that basis. All the 10 indicators and 46 evaluation criteria of the Labour Rights Index are grounded in substantive elements of the Decent Work Agenda. The legal basis for all components (regulatory standards) emanates from the UN or ILO Conventions. Table explains in detail these legal sources.

In summary, the Labour Rights Index methodology has various useful features. The methodology:

• Is transparent and based on facts taken directly from codified laws.
• Uses standardised assumptions for data collection, thereby making logical comparisons across countries.
• Allows data to identify the labour rights and their presence (or lack of) in the legislation of 145 countries.

International Regulatory Standards and Labour Rights Index

Data Sources and Collection

While the Index is essentially based on Decent Work Checks, the 2024 Index has 10 new countries for which Decent Work Checks are yet to be developed. For all countries, labour legislation, including various decrees, amendments and collective agreements, was revisited to score each component and provide a direct legal basis. The legal basis has been provided in individual country profiles. The cut-off date for all data collection is 1 January 2024. Any legislation or change in the law that occurs after said date, where the effective date is set later than 1 January 2022, or where the effective date is not yet precisely known, is not reflected in the Index. However, the situation in individual countries might have shifted.

The Scoring System

We use a dichotomous scoring system for the 46 indicators (1 for a yes and 0 for a no). Non-binary scores (such as a scale of 1 to 5) introduce difficulties in defining meaningful and comparable standards or guidelines for each score. This can lead to arbitrary, erroneous and incomparable scores. For example, a 2 for one country may be a 3 for another, and so on. Alternatively, an expert may find a country- specific indicator that differs from another country. This violates a fundamental principle of measurement known as reliability — the degree to which a measurement procedure produces accurate measurements every time, regardless of who performed it.

Weights

The Labour Rights Index does not use weights. Each indicator features either four or five underlying components framed as questions. Every component contributes equally to the indicator, and every indicator contributes equally to the overall score. The overall score (from 0-100) is calculated from a simple unweighted average of scores from 10 indicators.

As pointed out at the outset, the indicators and components of the Labour Rights Index cover the employment lifecycle of a person. Consider the example of annual leave and sick leave. While annual leave is accessed by a greater percentage of workers every year compared with sick leave, giving them weights (whether equal or unequal) would be arbitrary and would not serve the purpose.

Similarly, consider the example of child labour and forced labour questions. While the majority of workers may not have to experience these menaces, it is a harsh reality for many, at least in developing countries. Giving weights would mean prioritising one component over the other.

Countries at different stages of development may also have different legal provisions. For example, as is evident throughout the study, work-life balance and gender equality related legislation is also linked with economic development. With certain exceptions, most high-income countries have instituted provisions on paternity leave and parental leave.

If these components are given higher weightage than the other, developing countries' scores will be comparatively much lower.

Greater weightage to certain areas of labour law can create an inherent bias and also lead to the agents' skewed efforts to initiate reforms in areas with higher weights. Countries will inherently target laws with greater weightage.

If giving weights were an option, fundamental principles and rights at work would be given higher weights. These are freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; the elimination of discrimination in respect of employment and occupation, and a safe and healthy working environment[34].

Even before the amendment of the 1998 Declaration in 2022, ILO had started giving importance to other workplace rights. The 2019 Declaration notes that "all workers should enjoy adequate protection following the Decent Work Agenda, taking into account:

1. Respect for their fundamental rights;
2. An adequate minimum wage, statutory or negotiated;
3. Maximum limits on working time; and
4. Safety and health at work "

Similarly, social protection, or social security (both terms are used interchangeably), is enshrined as such in the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966). ILO Recommendation 202 suggests that countries should establish and maintain national social protection floors as a nationally defined set of basic social security guarantees that secure protection to prevent or alleviate poverty, vulnerability and social exclusion.

Hence, instead of preferring one component or indicator over the other, the Labour Rights Index has been developed without assigning weights.

Ranking

The Labour Rights Index does not "rank" countries.

The ordinal ranking method (for example, "first", "second", and "third") is problematic as it leads to the naming and shaming of countries at the bottom of the list. Moreover, as argued by the World Bank's Doing Business Report in 2016, ranking may encourage the agents (countries being ranked) to "game the system”[35] There is a risk that the agents may divert a disproportionate amount of resources and efforts to the areas which are measured/scored while leaving aside areas which are equally important but not scored. To deal with this issue, the Labour Rights Index does not use ordinal ranking, although it covers the whole gamut of labour rights.

The Index does not aim at producing a single number in the form of ranking. Rather it gives a run down on the local labour legislation, supported by detailed Decent Work Checks, updated annually.

The Index does not aim at producing a single number in the form of ranking. Rather it gives a run down on the local labour legislation, supported by detailed Decent Work Checks, updated annually.

The Labour Rights Index, however, does place 145 countries into six categories and rates these from "Access to Decent Work" to "Total Lack of Access to Decent Work. [36]

How to Read the Country Profiles

The Country Profiles section shows a two-page profile for each of the 145 countries covered in the Labour Rights Index 2024. The country profiles are informative about the major aspects of labour legislation in an economy.

Performance Overview

In this section, the performance of a country in the Labour Rights Index is illustrated. On the top right of the page, the overall average score (out of 100) and rating (out of six categories) give a snapshot of a country's standing in the Labour Rights Index. The top right of the page also shows the overall score in 2020 and 2022, along with region and income group information.

The overall scores benchmark countries with respect to regulatory best practices, as identified in the relevant ILO Conventions, thereby indicating the proximity to the regulatory standard on each component. Each country is allocated ratings according to its overall score. The ratings follow a certain coding; [90.5-100] Access to Decent Work (Blue), [80.5- 90] Approaching Access Decent Work (Green), [70.5-80] Reasonable Access to Decent Work (Yellow), [60.5- 70] Limited Access to Decent Work (Orange), [50.5- 60] Basic Access to Decent Work (Peach), [0-50] Total Lack of Access to Decent Work (Red).

The Contextual Indicators of the country provide a picture of the economy and its labour force at a glance. These facts include Population, Labour Force, GDP per Capita, Poverty Headcount, Informal Employment, Total Fertility rate, Trade Union Density, Collective Bargaining Coverage, Social Protection Coverage, Labour Income Share, Female Labour Force (absolute number and participation rate), Non-Standard Employment (Part-Time Employment-A and Temporary Employment-B), Work Injuries (Fatal and Non-Fatal), Minimum Wage, and number of Workers per Labour Inspector. The contextual indicators have been sourced from International Labour Organization, World Bank data, and the Wagelndicator's own Minimum Wages Database.The country scores on the Labour Rights Index must be interpreted with caution, considering also the above referred contextual indicators.

The first page also introduces the Index and gives information about the average regional score and the highest scoring country in the region.

The overall score and each of the indicators are shown on the first page. For each indicator, the score ranges from 0 to 100, where 100 signifies the highest possible score and 0 signifies the lowest score. The overall score is the average score of 10 indicators. To read about the scoring methodology, refer to the chapter on Indicators for Decent Work.

The next three pages of the country profile shows the decent work indicators of the Labour Rights Index and the answer for each component, along with its legal basis. It is a step toward ensuring greater transparency in the scoring of the countries. The last column shows the trend over the previous two years (2022 to 2024); if the score increased due to a positive reform, it decreased due to a legislative reform or if the score was adjusted to increased availability and access to more legal information about the country. A total of 46 components are shown under the 10 indicators for each of the 135 countries in the Labour Rights Index.

The last page of the Index has necessary end notes and colour legends to explain the changes in country scores.

Description of the Ratings

1 - Total Lack of Access to Decent Work

Decent work deficits are rife in countries with a rating of 1 (Total Lack of Access to Decent Work). The national/local legislation barely meets the international standard on even half of the 46 evaluation criteria. There is an absence of minimal labour rights under the legislation. Workers are deprived of access to decent work in nearly every aspect of working life.

2 - Basic Access to Decent Work

Minimal labour rights are provided under the legislation in countries with a rating of 2 (Basic Access to Decent Work). There are systematic violations of workplace rights through statutory means. Workers have nominal access to decent work in a few aspects of working life only. The national/local legislation does not meet the international standard on nearly 20 of the 46 evaluation criteria.

3 - Limited Access to Decent Work

Restricted labour rights are provided under the legislation in countries with a rating of 3 (Limited Access to Decent Work). Workers have access to decent work in limited aspects of working life only. The national/local legislation does not meet the international standard on nearly 18 of the 46 evaluation criteria.

4 - Reasonable Access to Decent Work

Generally, labour rights are reasonably provided under the legislation in countries with a rating of 4 (Reasonable Access to Decent Work). Workers have fair access to decent work in some aspects of working life. The countries with this rating have scored Yes on at least 33 of the 46 evaluation criteria.

5 - Approaching Access to Decent Work

Countries with a rating of 5 (Approaching Access to Decent Work) have generally a lower level of labour rights than those with a rating of 6. Countries with this rating have scored Yes on at least 37 of the 46 evaluation criteria. Most labour rights are provided under the legislation. Workers have frequent access to decent work in most aspects of working life.

6 - Access to Decent Work

Almost all labour rights, as covered by the Index, are provided under the legislation in countries with a ranking of 6 (Access to Decent Work). Workers have regular access to decent work in nearly every aspect of working life. Reforms in labour legislation in a couple of areas can improve the statutory rights further.

Sample Country Profile - Pakistan

Country profiles for all 145 countries are available for download on http://labourrightsindex.org/

The country rating is based on the overall score of 0-100, with the following coding: The overall score ranges from 0 to 100, where 100 signifies the highest possible score and 0 signifies the lowest possible score. The score indicates “access to decent work” by law.

Contextual Indicators

At a glance

For Pakistan, the labour legislation in the most populous province (Punjab, Pakistan) is analysed and scored. Different rules may apply in other jurisdictions, necessitating review of other sources.

Following this approach, Pakistan’s overall score is 53.5 out of 100. The overall score for Pakistan is lower than the regional average observed across South Asia (57). Within the South Asian region, the highest score is observed for India (65).

Punjab, Pakistan has implemented 7 calendar days of paid paternity leave for fathers, enhancing support for new parents and promoting a balanced approach to family responsibilities. The paternity leave is however available only for two children.

The country scores on the Labour Rights Index must be interpreted with caution, considering also the contextual indicators like the size of the population and labour force, informal employment in the country, social protection coverage, level of economic development (as measured by GDP per capita), female labour force participation rate, incidence of non-standard
employment in the form of part-time employment and temporary employment as well as work injuries, both fatal and non-fatal. Trade union density and collective bargaining coverage rates are also relevant contextual indicators to assess the state of
freedom of association and collective bargaining in the country.

About Labour Rights Index

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Access to Decent Work” to “Access to Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG 5 (Gender Equality), SDG 8 (Decent Jobs), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Labour Rights Index scores countries based on applicable labour laws only. It does not comment on actual working conditions or labour law compliance in workplaces. The legislation that is used to score the country under the Labour Rights Index is generally national or federal level legislation. In cases where the legislation is enacted at the provincial/regional or state level, the Index analyses the labour legislation applicable to the most populous province/region or state (in federal, confederal or other complex structure states). Scoring for each country is based on labour legislation, as applicable on 1 January 2024.

In order to measure the trend in country’s legislative performance over the last edition of the Labour Rights Index (2022), the opposite legend is used.

1. Proportion of population living below the national poverty line (%), as measured under the SDG 1.2.1
2. Share of informal employment in total employment (%), as measured under the SDG 8.3.1
3. Proportion of the country population covered by social protection floors, as measured under the SDG 1.3.1
4. The female labour force is shown in absolute number (A) along with the female labour force participation rate (B)
5. Non-Standard Employment has been defined as part-time employment (A) and temporary employment (B)
6. Rate of fatal (A) and non-fatal work injuries (B) per 100,000 workers, as measured under the SDG 8.8.1
7. Minimum Wage and Living Wage amounts are shown in local currency. The amounts are retrieved from the WageIndicator Minimum Wage Database and the WageIndicator Living Wage Database. The minimum wage amounts are those as were applicable on 1 April 2024. The Living Wage amounts are from the April 2024 data release by the WageIndicator. Given the declining share of labour income (a widely used measure of inequality, measuring the proportion of total income in a country that employed people earn by working), the contextual indicators on minimum wage and living wage are relevant.
8. Robust legislation, backed by effective enforcement, forms the foundation for achieving decent work in practice. In this regard, it is relevant to see if the country has an adequate number of labour inspectors. While the Labour Inspection Convention, 1947 (No. 81) calls for a “sufficient number” of inspectors to do the work required, there is currently no official definition for a sufficient number of inspectors. In its 2006 General Survey on Labour Inspection, the ILO referred to the following benchmarks on the number of labour inspectors in the country in relation to the labour force: 1:10,000 in industrial market economies, 1:15,000 in rapidly industrializing economies, 1:20,000 in transition economies, and 1:40,000 in less developed countries. The latest guidance from the ILO (2022) however emphasizes a more holistic evaluation of national context rather than solely a ratio of labour inspectors to the size of labour force.
9. The Living Wage estimates shown in this country profile are for a typical family (lower bound) that comprises two adults. The number of children is determined by the country-specific fertility rate, representing the average number of children in a family. One adult is engaged for 100% of normal working hours, while the working hours of the second adult are approximated based on the national labour force participation rate. The combined wage earned by two adults, each receiving a living wage, is designed to meet the requirements for achieving a decent standard of living for the family. For further details on this, please check here: https://wageindicator.org/salary/living-wage
10. The prohibited grounds for discrimination are “race, colour, sex, religion, political opinion, national extraction or social origin, age, disability and trade union membership”. A score of 1 is assigned only if a country has prohibited discrimination on at least 7 of the above 10 grounds.
11. The Freedom of Association indicator of the Labour Rights Index uses Observations/Direct Requests from the ILO Committee of Experts on Application of Conventions and Recommendations (CEACR), the US Department of State’s Country Reports on Human Rights Practices (USDOS CRHRP) and the country’s legal profiles under the ITUC Global Rights Index 2024 to measure a country’s compliance with the right to freedom of association and collective bargaining. A country’s score on the LRI’s Freedom of Association indicator must also be read together with the SDG indicator 8.8.2, which measures the level of national compliance with labour rights (freedom of association and collective bargaining) based on ILO textual sources and national legislation. It has a range from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). The score for Pakistan on the latest available data of the SDG 8.8.2 is “4.85” (2022). Other than SDG 8.8.2, we suggest considering the country's score on ITUC’s latest Global Rights Index. The score for Pakistan in 2024 is “5”. As explained by the ITUC, “Countries are rated in clusters from 1-5+ depending on their compliance with collective labour rights, with 1 being the best rating and 5+ the worst rating a country could get. A high-rated cluster means that workers in the country have no right to their collective voice due to government failure to guarantee rights”.
12. In order to measure the trend in country's legislative performance over the last edition of the Labour Rights Index (2022), the legislative table indicates improvement or worsening of de-jure labour rights in country through the following colours.

Section 3 SCORES AND RATINGS

Overview of Overall Scores and Ratings

Score overview

A Regional Overview

Section 4 INDICATORS FOR DECENT WORK

Fair Wages

The Fair Wages Indicator measures whether the law stipulates minimum wages (statutory wages) or whether the wages are determined through collective bargaining. It also measures whether wages are paid regularly and timely.

Additionally, it evaluates 145 jurisdictions on their compliance with International Regulatory Standards on overtime and night work premiums alongside providing a compensatory rest day for those working on a weekly rest day.

Linkage with SDGs

1.1 eradicating extreme poverty
1.1.1 population living below the international poverty line ($1.25 a day)
1.2.1 population living below the national poverty line
8.5 full and productive employment and decent work for all
8.8 protect labour rights and promote safe and secure working environments for all workers
10.2.1 proportion of people living below 50 per cent of median income
10.4 progressively achieve greater equality
10.4.1 labour share of GDP

1.1 Minimum Wage

Does the legislation or collective negotiation set and determine the minimum wages in the country?

International Regulatory Standard

• Universal Declaration of Human Rights, 1948
• Minimum Wage Fixing Convention, 1970 (No. 131)
• International Covenant on Economic, Social and Cultural Rights (ICESCR)

Article 23(3) of the Universal Declaration of Human Rights, Article 3 of the ILO’s Minimum Wage Fixing Convention, 1970 (No. 131), and Article 7 of the International Covenant on Economic, Social and Cultural Rights, 1966 (Fair Wage clauses) require that all workers have the right to just and favourable remuneration so that workers are ensured fair wages and decent living. Convention No.131 further stipulates that while determining the minimum wages, the needs of workers and their families, as well as economic factors, must be considered.

Scoring Methodology

Whether labour legislation or collective negotiation sets the minimum wages:

1: The minimum wages are determined under labour legislation, or bargaining at the sectoral or national level sets the minimum wage. The minimum wages must have been revised at least once during the past two years (with reference to 1 January 2022).

0: There is no provision on minimum wages in legislation, and in the absence of a statutory minimum wage, there is no sectoral or national level bargaining. The minimum wages have not been revised in the past two years.

1.2 Regular Wage

Does the law require regular and timely payment of wages?

International Regulatory Standard

• Protection of Wages Convention, 1949 (No. 95)
• Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117)

Article 12(1) in the ILO’s Protection of Wages Convention, 1949 (No. 95) and Article 11(6) of ILO’s Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) state that wages should be paid regularly or at regular intervals (to reduce the likelihood of a worker becoming indebted). Such intervals must be fixed in national laws or regulations or by collective agreements, except where other suitable arrangements are provided that ensure wage payment at regular intervals. The legislation must set a time limit within which wages must be paid after the completion of a wage period.

Scoring Methodology

Whether labour legislation requires regular and timely payment of wages:

1: Labour legislation requires employers to ensure regular and timely payment of wages. Wage payment periods can be set at the hourly, daily, weekly, fortnightly or monthly levels.

0: Labour legislation does not require employers to ensure regular and timely payment of wages upon the completion of a wage period.

1.3 Overtime Premium

Does the law require overtime compensation to be at least 125% of the regular hourly rate?

International Regulatory Standard

• Hours of Work (Industry) Convention, 1919 (No. 1)
• Hours of Work (Commerce and Offices) Convention, 1930 (No. 30)

Article 6 of the ILO’s Hours of Work (Industry) Convention, 1919 (No. 1) and Article 7 of the ILO’s Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) establish that workplaces which necessarily have to carry out work after general working hours due to certain reasons such as force majeure should develop regulations (by public authority and after consultation with employers’ and workers’ organisations, where these organisations are present) which fix the limit of additional hours in each instance and the rate of pay for overtime not to be less than one and one-quarter times (125%) the regular rate.

Scoring Methodology

Whether overtime compensation is at least 125% of the regular rate:

1: Monetary compensation for overtime is 125% or more of the regular hourly rate.

0: Overtime compensation is less than 125% of the regular hourly rate or if the legislation only requires compensatory rest/time-off for working overtime without additional monetary compensation.

1.4 Weekly Rest Work Compensation

Does the law require any additional compensation for working on a weekly rest day?

International Regulatory Standard

• Weekly Rest (Industry) Convention, 1921 (No. 14)
• Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)

Article 5 of the ILO’s Weekly Rest (Industry) Convention, 1921 (No. 14) and Article 8(3) of ILO’s Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) state that provision for compensatory rest periods should be granted, with certain temporary exceptions, except in cases where agreements or customs already provide for such periods. Article 8(3) of Convention No. 106  further requires that those working on weekly rest day(s) “shall be granted compensatory rest of a total duration at least equivalent to the period of weekly rest.

Scoring Methodology

Whether the legislation includes any compensatory measures for working on a weekly rest day:

1: The legislation requires the provision of a compensatory rest day, or workers are given both the substitute day off and a premium payment.

0: Working on a weekly rest day is compensated with only a premium payment, or employers can choose to either pay a premium or give a substitute day off.

1.5 Night Work Premium

Does the law require additional compensation for night work?

International Regulatory Standard

• Night Work Convention, 1990 (No. 171)
• Night Work Recommendation, 1990 (No. 178)

As per Article 8 of the ILO’s Night Work Convention, 1990 (No. 171), compensation for night workers (in the form of working time, pay, or similar benefits) shall recognise the nature of night work. Paragraph 8 of the Night Work Recommendation, 1990 (No. 178) stipulates that “night work should generally give rise to appropriate financial compensation. Such compensation should be additional to the remuneration paid for the same work performed to the same requirements during the day and may by agreement be converted into reduced working time”.

Article 1 of the Convention No. 171 defines night work and night worker as follows:

Night work: All work which is performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m., to be determined by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements;

Night worker: An employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements.

Scoring Methodology

Whether the legislation includes any compensatory measures (financial compensation or reduced working time) during night hours:

1: Monetary compensation is awarded for work during night hours or general working hours for night workers are reduced through shorter shifts or an additional day off.

0: Night work does not lead to a premium payment or reduced working hours.

Fair Wages - comparative tables

Minimum Wage Fixing Mechanism

Regular Wage Payment

Overtime Premium

Weekly Rest Work Compensation

Night Work Premium

Fair Wages - country score snapshot

Decent Working Hours

The Decent Working Hours indicator measures whether workers' health and well-being are preserved while ensuring their productivity and motivation.

It assesses the relevant legislation on working hours, overtime, and paid rest days—weekly rest, public holidays, and annual leave.

2.1 General Weekly Working Hours

Does the law stipulate general weekly working hours as 48 hours or lower?

International Regulatory Standard

• Hours of Work (Industry) Convention, 1919 (No. 1)
• Hours of Work (Commerce and Offices) Convention, 1930 (No. 30)
• Forty-Hour Week Convention, 1935 (No. 47)

Articles 2 and 3 of Convention No.1 (C001) and Convention No.30 (C030), respectively, state that the working hours of employed persons should not exceed eight in the day and forty-eight in the week. Article 1 (C047) approves a forty-hour work week, which is applied in a way that does not reduce the living standard of workers due to reduced remuneration.

C001 states the following exceptions:

• the provision on the forty-eight-hour threshold does not apply to supervisory, management, and confidential positions,
• or whereby law, custom or agreement between employers’ and workers’ organisations or employers’ and workers’ representatives vary the daily hours limit (but not more than nine hours)
• or where shift workers are employed in excess of eight hours in a day and forty-eight hours in a week if the average hours over three weeks do not exceed eight per day and forty-eight per week.

Scoring Methodology

Whether labour legislation limits general working hours to 48 hours per week:

1: General working hours do not exceed 48 hours per week.

0: No restriction on weekly working hours is found in law or if general working hours are more than 48 hours per week.

2.2 Maximum Weekly Working Hours

Does the law restrict maximum working hours, including overtime, to 56 hours per week?

International Regulatory Standard 

• Hours of Work (Industry) Convention, 1919 (No. 1)
• Hours of Work (Commerce and Offices) Convention, 1930 (No. 30)
• Reduction of Hours of Work Recommendation, 1962 (No. 116)

The regulatory standard on this component, maximum weekly working hours, is grounded in Para 17 of the ILO’s Reduction of Hours of Work Recommendation, 1962 (No. 116), Article 6(2) of ILO’s Hours of Work (Industry) Convention, 1919 (No. 1) and Article 7(3) of the ILO’s Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

Recommendation No. 116 mentions that the competent authority of every country should determine limits to the total number of overtime hours worked during a specified period, except for cases of force majeure. Convention No. 1 and Convention No. 30 make it necessary for regulations (only after consultation with the organisations of employers and workers concerned) to fix the maximum of additional hours in each instance, aside from temporary exceptions, and the overtime pay rate to be not less than one and one-quarter times (125%) the regular rate.

Scoring Methodology

Whether labour legislation limits maximum working hours to 56 hours per week:

1: Total working hours, including overtime, do not exceed 56 hours per week.

0: Total working hours (including overtime) are more than 56 hours per week, or no relevant provision is found in the legislation.

2.3 Weekly Rest Hours

Does the law require a paid weekly rest of at least 24 consecutive hours?

International Regulatory Standard  

• Weekly Rest (Industry) Convention, 1921 (No. 14)
• Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)

Article 2 of the Weekly Rest (Industry) Convention, 1921 (No. 14) and Article 6 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) stipulate that every seven days, a weekly rest (comprising at least 24 consecutive hours) be granted simultaneously to all workers in every establishment. The weekly rest should be fixed to coincide with the days already established by the traditions or customs of the country or region.

Scoring Methodology

Whether the labour legislation requires a weekly rest of at least 24 consecutive hours:

1: Workers have the right to a weekly rest for a minimum of 24 consecutive hours.

0: Labour legislation does not require a weekly rest period comprising 24 consecutive hours.

2.4 Paid Public Holidays

Does the law require paid public holidays?

International Regulatory Standard

• International Covenant on Economic, Social and Cultural Rights, 1966
• Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172)
• Part-Time Work Convention, 1994 (No. 175)

It is stated in Article 7(d) of the International Covenant on Economic, Social and Cultural Rights, 1966 that it is the right of everyone to enjoy just and favourable conditions of work that entail rest, leisure and remuneration for public holidays.

Article 5 of the ILO’s Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) requires that “if workers are required to work on public holidays, they shall be appropriately compensated in time or remuneration, as determined by collective bargaining or in accordance with national law or practice”.

Article 7 of the ILO’s Part-Time Work Convention, 1994 (No. 175) also requires equal treatment of part-time workers, similar to the comparable full-time workers, concerning paid public holidays. 

Scoring Methodology

Whether there are paid public holidays:

1: Legislation regulates paid public holidays, and there is a list of public and official holidays to follow.

0: Labour legislation does not require employers to grant a fully paid day off on public holidays.

2.5 Annual Leave

Does the law require at least three working weeks of paid annual leave?

International Regulatory Standard

• Holidays with Pay Convention (Revised), 1970 (No. 132)

Article 3 of the ILO’s Holidays with Pay Convention (Revised), 1970 (No. 132) requires that every person to whom this Convention applies shall be entitled to an annual paid holiday (leave) of a specified minimum length. Every Member who ratifies this Convention must specify the length of the holiday, with the annual holiday not being less than three working weeks for one year of service. Public and customary holidays, whether or not they fall during the annual holiday, shall not be counted as part of the minimum annual holiday.

Scoring Methodology

Whether there is a provision for paid annual leave:

1: The labour legislation requires employers to grant workers at least three working weeks of paid annual leave after completing one year of service.

0: The length of paid annual leave is less than three working weeks. A score of 0 is also assigned when the qualifying period for annual leave is more than a year.

Decent Working Hours - comparative tables

General Weekly Working Hours

Maximum Weekly Working Hours

Paid Weekly Rest Hours

Paid Public Holidays

Annual Leave

Decent Working Hours - Snapshot

Employment Security

The Employment Security indicator measures whether labour legislation ensures that workers' jobs are characterised by a degree of permanence and reliability.

The indicator considers various aspects of employment security and stability, such as a written employment contract, indefinite vs fixed-term contracts for tasks of a permanent nature, a probation period, a notice period before termination of the contract, and severance pay.

3.1 Written Employment Contract

Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment?

International Regulatory Standard 

• Domestic Workers Convention, 2011 (No. 189)
• Maritime Labour Convention, 2006
• Private Employment Agencies Recommendation, 1997 (No. 188)

Under Articles 7 and 8 of the ILO’s Domestic Workers Convention, 2011 (No. 189), measures are to be taken to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable, and easily understandable manner.  Preferably, where possible, this should be done through written contracts (enforceable in the country where work is to be done) under national laws, regulations or collective agreements, and with written particulars.

Similar provisions are found in the Standard A2.1 of the ILO’s Maritime Labour Convention, 2006. Moreover, Part II (5) of the Private Employment Agencies Recommendation, 1997 (No. 188) suggests that workers employed by private employment agencies should, where appropriate, have a written employment contract specifying their employment terms and conditions. As a minimum requirement, these workers should be informed of their employment conditions before the effective beginning of their assignment.*

*The two instruments provide necessary guidance on written employment contracts and written particulars: https://www.ilo.org/resource/qas-employment-relationship-and-labour-contracts

Scoring Methodology

Whether employers are required to provide written employment contracts to workers:

1: The labour legislation requires employers to provide written employment contracts or at least written employment particulars to workers on commencement of employment.

0: No legal requirement on the part of employers to provide any such written document (in the form of employment contract or employment particulars).

3.2 Fixed Term Contracts

Does the law restrict the hiring of fixed-term contract workers?

International Regulatory Standard

• Termination of Employment Convention, 1982 (No. 158)
• Termination of Employment Recommendation, 1982 (No. 166)

Article 2(3) of the ILO’s Termination of Employment Convention, 1982 (No. 158) states that adequate safeguarding measures should be provided against the use of fixed-term contracts (FTCs) of employment for a specified period of time. This is to ensure that employers cannot avoid  the protections stipulated in this Convention.

Also, Paragraph 3(2) of the ILO’s Termination of Employment Recommendation, 1982 (No. 166) allows for a fixed or definite term contract, considering the nature of work or circumstances under which the work is carried out or the interests of the worker. Fixed-term contracts are considered indefinite-term contracts if they are renewed once or more than once, except in the above cases.

Scoring Methodology

Whether labour legislation restricts the hiring of fixed-term contract workers:

1: The maximum length of fixed-term contracts, including renewals, is at most five years.

0: The labour legislation does not specify the maximum length of fixed-term contracts or allow the maximum length of fixed-term contracts, including renewals, to exceed five years.

3.3 Probation Period

Does the law limit the length of the probation period, including renewals, to three months?

International Regulatory Standard

• Termination of Employment Convention 1982 (No. 158)
• Termination of Employment Recommendation, 1982 (No. 166)
• Domestic Workers Convention, 2011 (No. 189)

This component is grounded in Article 2(b) of the Termination of Employment Convention 1982 (No. 158). The Convention states that a member may exclude workers serving a period of probation or a qualifying period of employment, determined in advance and of reasonable duration, from all or some of the provisions of this Convention (in essence, the protections afforded under the Convention). The member countries may set a period of probation or a qualifying period of employment, which is determined in advance and of reasonable duration. During this period, the worker does not have access to all employment protections like notice period and severance pay.

Paragraph 1 of the ILO’s Termination of Employment Recommendation, 1982 (No. 166) and Article 7 of the ILO’s Domestic Workers Convention, 2011 (No. 189) also refer to the probation period. In view of this, a probationary period of three months was set as a standard under the Labour Rights Index.    

Scoring Methodology

Whether labour legislation limits the length of the probation period to three months:

1: The labour legislation limits the maximum length of the probation period, including renewals, to three months.

0: The labour legislation does not refer to a probation/trial period or allows it to exceed three months.

3.4 Termination Notice Period

Does the law require a 30-day notice period before employment contract termination?

International Regulatory Standard

• Termination of Employment Convention 1982 (No. 158)

Article 11 of the ILO’s Termination of Employment Convention, 1982 (No. 158) states that a worker whose employment is to be terminated shall be entitled to a reasonable period of notice or compensation in lieu thereof unless the worker is guilty of serious misconduct - misconduct of such a nature that it would be unreasonable to require the employer to continue the employment during the notice period.*

*For data comparability, a 4-week notice period is also considered equivalent to the 30-day notice period.

Scoring Methodology

Whether there is a 30-day notice requirement before contract termination:

1:

1. a) Both the employer and employee can terminate an indefinite term contract after serving a 30-day written notice or paying in lieu of notice, except in cases of gross/serious misconduct; or
2. b) where a termination notice required from employees is 30 days, but it is still less than the notice period required of employers; or
3. c) where the notice period required from employers is 30 days, but for employees ranges between 14 to 30 days.

0: Both the employer and employee are required to serve a contract termination notice of either less than or more than 30 days.

(*For instance, both parties are required to serve a 14-day written notice or 45-day written notice before termination of employment).

3.5 Severance Pay

Does the law require severance pay at the rate of at least two weeks of wages for every year of service?

International Regulatory Standard

• Termination of Employment Convention 1982 (No. 158)
• Termination of Employment Recommendation, 1982 (No. 166)

Article 12 of the ILO’s Termination of Employment Convention, 1982 (No. 158) states that a worker whose employment has been terminated shall be entitled, in accordance with national law and practice, to a severance allowance or other separation benefits, the amount of which shall be based, among other things, on length of service and the level of wages. It is to be paid directly by the employer or by a fund constituted by employers’ contributions, unemployment insurance benefits or assistance or other forms of social security, or a combination of such allowance and benefits.

Workers who do not fulfil the qualifying conditions for unemployment insurance or assistance or those workers who are terminated for serious misconduct need not be paid any severance allowance or separation benefits solely because they are not receiving an unemployment benefit. Workers whose employment is terminated for serious misconduct are not entitled to any severance allowance or separation benefits. Similar provisions are found in Paragraph 18 of the ILO’s Termination of Employment Recommendation, 1982 (No. 166).

Scoring Methodology

Whether there is severance pay on contract termination:

1: Labour legislation requires employers to provide severance pay (gratuity or end-of-service allowance) at the rate of two weeks’ wages for each year of service* on contract termination in the event of individual dismissal or economic dismissals (redundancy) or on expiry of a fixed-term contract, except in cases of gross misconduct.

0: Severance pay is not required under the law or is provided at a rate lower than two weeks’ wages for each year of service or the rate (for severance pay) is not specified under the law.

*For data comparability, the standard of two weeks’ pay per service year for severance pay was set.

Employment Security - comparative tables

Written Employment Contracts

Fixed Term Contracts

Probation Period

Termination Notice Period

Severance Pay

Employment Security - country score snapshot

Family Responsibilities

Family responsibilities are responsibilities in relation to dependent children and other immediate family members who need care (sick, elderly, infirm). The Family Responsibilities indicator measures whether labour legislation ensures that workers get paternity leave, parental leave and flexible work options while tending to their family responsibilities. The indicator also analyses labour legislation on the provision of nursing breaks.  

4.1 Parental Leave

Does the law require a four-month parental leave for parents?

International Regulatory Standard

• Family Responsibilities Recommendation, 1981 (No. 165
• Maternity Protection Recommendation, 2000 (No. 191)

Paragraph 22 of the ILO’s Workers with Family Responsibilities Recommendation, 1981 (No. 165) and Paragraph 10 of the ILO’s Maternity Protection Recommendation, 2000 (No. 191) insist that either parent should have the possibility, within a period immediately following maternity leave, of obtaining leave of absence (parental leave), without relinquishing employment and with rights resulting from employment being safeguarded. The parental leave period, its length, as well as payment of parental benefits and the use and distribution of parental leave between employed parents, should be determined by national laws or regulations or in any manner consistent with the national practice.

Scoring Methodology

Whether parental leave is available to parents:

1: Workers have the right to paid or unpaid parental leave of at least four months on exhaustion of maternity and paternity leave.

0: Labour legislation does not provide for the right to paid or unpaid parental leave of four months on exhaustion of maternity and paternity leave.*

*Taking into account the fact that the first six months are vital for the healthy development of a child (UNICEF, 2019), the Labour Rights Index considers four-month parental leave along with compulsory post-natal maternity leave of 6 weeks. It is just 18 days short of 180 days!

4.2 Paternity Leave

Does the law require at least one week of paid paternity leave for fathers*?

International Regulatory Standard 

• 2009 ILC Resolution Concerning Gender Equality at the Heart of Decent Work
• Quality Apprenticeships Recommendation, 2023 (No. 208)

In line with para 42 of the 2009 ILC** Resolution Concerning Gender Equality at the Heart of Decent Work, Governments must develop, together with social partners, adequate policies for a better balance of work and family responsibilities for an equal sharing of these responsibilities. Other than parental leave, such policies should include paternity leave, with incentives for men to use such leaves.

The only international labour standard which clearly refers to paternity leave is the ILO’s Quality Apprenticeships Recommendation, 2023 (No. 208) which states that Members should take measures to ensure that apprentices have access to paid maternity or paternity leave and parental leave.

Scoring Methodology

Whether fathers have the right to take paid paternity leave on the birth of a child:

1: Labour legislation requires employers to grant paid paternity leave of at least one week on the birth of a child. Paternity leave might be an employer liability or paid by the social security system (social insurance or general tax financing).

0: There is no provision for paid paternity leave of at least one week.

* “or, where and insofar as recognised by national law, equivalent second parents”

** ILC refers to the International Labour Conference. Generally referred to as the international parliament of labour, the annual Conference sets the international labour standards and the broad policies of the ILO.

4.3 Flexible Work Arrangements

Does the law require flexible working arrangements* for workers with family responsibilities?

International Regulatory Standard

• Workers with Family Responsibilities Recommendation, 1981 (No. 165)
• Part-Time Work Convention, 1994 (No. 175)

Paragraph 18 of the ILO’s Workers with Family Responsibilities Recommendation, 1981 (No. 165) suggests that particular attention should be given to general measures for improving working conditions and the quality of working life. This includes measures aimed at progressive reduction of daily hours of work and of overtime, and more flexible arrangements as regards working schedules, rest periods and holidays, taking into account the stage of development and the particular needs of the country and of different sectors of activity.

Article 9(2) of the ILO’s Part-Time Work Convention, 1994 (No. 175) requires member states to take measures in order to facilitate access to productive and freely chosen part-time work which meets the needs of both employers and workers. Such measures should include the review of laws and regulations that may prevent or discourage recourse to or acceptance of part-time work. In employment policies, special attention must be given to the needs and preferences of specific groups such as the unemployed, workers with family responsibilities, older workers, workers with disabilities and workers undergoing education or training.

Scoring Methodology

Whether flexible working arrangements are available to workers with family responsibilities:

1: The labour legislation allows flexible work arrangements for workers with family responsibilities.

0: The labour legislation does not provide access to part-time work or flexible work for workers with family responsibilities.

* “flexible working arrangements” means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or reduced working hours

4.4 Paid Nursing Breaks

Does the law require paid nursing breaks?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)
• Maternity Protection Recommendation, 2000 (No. 191)

Article 10 of the ILO’s Maternity Protection Convention, 2000 (No. 183) requires that a woman worker must be given the right to one or more daily breaks or a daily reduction of hours of work to breastfeed her child. The period during which nursing breaks or the reduction of daily hours of work are allowed, their number, the duration of nursing breaks and the procedures for reducing daily hours of work shall be determined by national law and practice. These breaks or the reduction of daily work hours shall be counted as working time and remunerated accordingly. Paragraph 7 of the ILO’s Maternity Protection Recommendation, 2000 (No. 191) further states that based on medical certificates, the frequency and length of nursing breaks should be adapted to the particular needs of workers.

Scoring Methodology

Whether there are paid nursing breaks:

1: The labour legislation requires the provision of paid nursing breaks until the infant is six months old. These nursing breaks can either be during the working day or take the form of reduced working hours.

0: Labour legislation does not require employers to grant fully paid nursing breaks to workers until the infant is six months old.

Family Responsibilities - comparative tables

Parental Leave

Paternity Leave

Flexible Work Arrangements

Paid Nursing Breaks

Family Responsibilities - country score snapshot

Maternity At Work

Maternity protection allows women to successfully combine their productive and reproductive roles without compromising one at the cost of another. Similarly, it protects women from discrimination in the labour market due to their reproductive roles. The Maternity at Work indicator measures whether labour legislation ensures that workers get paid maternity leave and are protected from dismissal during and on account of pregnancy. 

5.1 Pregnancy Inquiry During Recruitment

Does the law prohibit inquiring about pregnancy during recruitment?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 9 of the ILO’s Maternity Protection Convention, 2000 (No. 183) focuses on adopting appropriate measures to ensure that maternity does not constitute a source of discrimination in employment, including access to employment. Measures need to include a prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, except where required by national laws or regulations in respect of work that is prohibited or restricted for pregnant or nursing women under national laws or regulations, or where there is a recognised or significant risk to the health of the woman and child.

Scoring Methodology

Whether the law prohibits inquiring about pregnancy during recruitment:

1: Labour legislation prohibits employers from inquiring about pregnancy (through pregnancy testing or other means) during recruitment.

0: There is no prohibition in the law on inquiring about pregnancy/family planning during recruitment or making it a recruitment condition.

5.2 Maternity Leave

Does the law require maternity leave of at least 14 weeks?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 4 of the ILO’s Maternity Protection Convention, 2000 (No. 183) stipulates that a woman worker shall be entitled to a maternity leave of at least 14 weeks. With due regard to the protection of the mother's and child's health, maternity leave shall include a period of six weeks of compulsory leave after childbirth unless otherwise agreed at the national level by the government and the representative organisations of employers and workers.

Scoring Methodology

Whether maternity leave is available for at least 14 weeks:

1: Women workers have the right to maternity leave of at least 14 weeks.

0: The length of maternity leave is less than 14 weeks.

5.3 Maternity Benefits

Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 6 of the ILO’s Maternity Protection Convention, 2000 (No. 183) shares that cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with the national practice, to women who are absent from work on leave. The maternity benefits shall be set at a level that ensures that the woman can maintain proper health and a suitable standard of living for herself and her child. The amount of such benefits, however, shall not be less than two-thirds of the woman’s previous earnings or of such of those earnings as are taken into account for the purpose of computing benefits.

Scoring Methodology

Whether cash maternity benefit is at least two-thirds of the worker’s former wage:

1: Maternity benefit is two-thirds or higher than the pregnant worker’s former wage. In cases where the maternity leave is over and above 14 weeks, the score will remain 1 if the payment for maternity leave through social insurance or universal benefits is at least two-thirds of the former wage for at least the first 14 weeks. In cases where workers are paid flat-rate maternity benefits, these must be at least two-thirds of the applicable minimum wage in the country.*

0: Maternity leave benefit is less than the above threshold (two-thirds of the woman worker’s previous earnings).

*The length of 14 weeks was set after an extensive review of national legislation. It allows a cross-country comparison.

5.4 Source of Maternity Benefits

Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability?

International Regulatory Standard 

• Maternity Protection Convention, 2000 (No. 183)

Article 6(8) of the ILO’s Maternity Protection Convention, 2000 (No. 183) states that to protect the situation of women in the labour market, benefits in respect of the leave shall be provided through compulsory social insurance or public funds or in a manner determined by national law and practice. The employers shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by them without that employers’ specific agreement except where such benefit is provided for in national law prior to the introduction of this Convention, or it is subsequently agreed at the national level by the government and the representative organisations of employers and workers.

Scoring Methodology

Whether cash maternity benefits are an employer’s liability:

1: Maternity benefits are paid through a contributory social insurance system or through a non-contributory universal benefits system financed through general taxation.

0: Maternity benefits are only employer liability, and employers are required to pay workers their wages during maternity leave.

5.5 Dismissals During Pregnancy

Does the law protect workers from dismissals during or on account of pregnancy?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 8 of the ILO’s Maternity Protection Convention, 2000 (No. 183) stipulates that it is unlawful for an employer to terminate the employment of a woman during her pregnancy or absence on leave or during a period following her return to work, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing.

Moreover, a woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave.

Article 11 (2) (a) of the UN Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) states that to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, appropriate measures should be taken. This includes the prohibition on, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals based on marital status.

Scoring Methodology

Whether the legislation protects workers from dismissal during or on account of pregnancy:

1: The legislation prohibits employers from terminating workers during or on account of pregnancy (e.g., medically certified sickness related to pregnancy) except in cases of gross misconduct.

0: The legislation does not protect workers from being dismissed during or on account of pregnancy.

Maternity at Work - comparative tables

Pregnancy Inquiry during Recruitment

Maternity Leave

Maternity Benefits

Source of Maternity Benefits

Prohibition on Dismissals during Pregnancy

Maternity At Work - country score snapshot

Safe Work

Decent work, in essence, is safe work. The Safe Work indicator measures whether labour legislation ensures that workers are trained about health and safety issues before the commencement of work and whether the employer provides free personal protective equipment to workers. It also measures countries' compliance on restrictions on arduous work for pregnant workers and whether countries provide some kind of employment injury benefits.

6.1 Free Personal Protective Equipment

Does the law require employers to provide free personal protective equipment to workers?

International Regulatory Standard

• Occupational Safety and Health Convention, 1981 (No. 155)
• Occupational Safety and Health Recommendation, 1981 (No. 164)

Article 16 of the ILO’s Occupational Safety and Health Convention, 1981 (No. 155) states that employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without health risk; and that the chemical, physical and biological substances and agents under their control are without health risk when the appropriate measures of protection are taken. Also, the employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far as is reasonably practicable, the risk of accidents or adverse effects on health.

Furthermore, Article 21 of this Convention states that occupational safety and health measures shall not involve any expenditure by the workers. Paragraph 10(e) of the ILO’s Occupational Safety and Health Recommendation, 1981 (No. 164) also requires employers “to provide, without any cost to the worker, adequate personal protective clothing and equipment which are reasonably necessary when hazards cannot be otherwise prevented or controlled”.

Scoring Methodology

Whether the law requires employers to provide free personal protective equipment to workers:

1: Labour legislation requires employers to provide free personal protective equipment to the workers.

0: There is no requirement to provide free personal protective equipment to workers

6.2 Training - Occupational Safety and Health

Does the law require employers to train workers on health and safety Issues?

International Regulatory Standard

• Occupational Safety and Health Convention, 1981 (No. 155)
• Occupational Safety and Health Recommendation, 1981 (No. 164)

Article 19(d) of the ILO’s Occupational Safety and Health Convention, 1981 (No. 155) requires that there should be arrangements at the level of the undertaking/enterprise under which workers and their representatives in the workplace are given appropriate training in occupational safety and health.

Paragraph 10(b) of the ILO’s Occupational Safety and Health Recommendation, 1981 (No. 164) requires employers to give necessary instructions and training, taking account of the functions and capacities of different categories of workers.

Scoring Methodology

Whether the legislation requires employers to train workers on health and safety issues:

1: The law requires employers to provide health and safety training to workers when they join work or are assigned new work.

0: The legislation does not require employers to provide training to workers on health and safety issues.

6.3 Restrictions on Work (for Pregnant or Nursing Women)

Does the law restrict work that is prejudicial to the health of the mother or the child?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)
• Maternity Protection Recommendation, 2000 (No. 191)

From the ILO’s Maternity Protection Convention, 2000 (No. 183), Article 3 states that after consulting the representative organisations of employers and workers, appropriate measures should be adopted to ensure that pregnant or breastfeeding women are not obliged to perform work which has been determined by the competent authority to be prejudicial to the health of the mother or the child, or where an assessment has established a significant risk to the mother’s health or that of her child.

Detailed provisions on health protection of a pregnant or nursing woman and her child are found in Paragraph 6 of the ILO’s Maternity Protection Recommendation, 2000 (No. 191).

Scoring Methodology

Whether the legislation restricts work that is determined to be prejudicial to the health of the mother or the child:

1: The legislation restricts pregnant or nursing women from being obliged to perform arduous work and night work that is prejudicial to the health of the mother or the child. Based on the workplace assessment and medical certificate, legislation should require the elimination of risk, adaptation of working conditions, transfer to another post without loss of pay, and access to paid leave when neither of the above is possible.

0: Arduous work and any of its other forms* are not prohibited for pregnant or nursing workers, or there is a general prohibition only.

*As noted in Paragraph 6(3) of the ILO Recommendation 191

6.4 Employment Injury Benefits

Does the law provide for employment injury benefits in the event of an occupational accident or disease?

International Regulatory Standard

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of employment injury benefits at the rate of at least 50 percent of a worker’s former wage (40 percent for survivors).

This applies to an accident or disease resulting from employment, and the contingencies should cover a morbid condition; incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national laws or regulations; total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and the loss of support suffered by the widow or child as the result of the death of the breadwinner. In the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.*

Scoring Methodology

Whether legislation provides for employment injury benefits:

1: Employment injury benefits (in case of occupational accident or disease) are provided under the law and are paid through social insurance, or the employer pays a monthly premium to the private or public carrier (insurance provider) to provide employment injury benefits.

0: Employment injury benefits are not financed through the social insurance system or public or private carrier (is employer liability program only) or is not provided under the law.

*Due to nonstandard calculations for employee injury benefits, the value of 50% and 40% cannot be easily ascertained for countries. This led to the use of a simpler scoring Scoring Methodology for this component.

Safe Work - comparative tables

Free Personal Protective Equipment

Training on OSH

Restriction on Work (for Pregnant or Nursing Women)

Employment Injury Benefits

Safe Work - country score snapshot

Social Security

Adequate social protection is an important aspect of decent work. Protection from the major risks in life through social protection helps keep people out of poverty. It prevents them from being thrown into poverty when unforeseen catastrophes occur, such as an accident, an illness, loss of a job or in old age when work becomes impossible or very difficult.

7.1 Old Age Benefits

Does the law provide for an old age benefit?

International Regulatory Standard

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

Article 67 of the ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of old-age benefits at the rate of 40 percent of a worker’s former wage, where the contingency covered shall be survival beyond a prescribed age of not more than 65 years or such higher age as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned.

National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount. The benefit shall be a periodic payment.

Scoring Methodology

Whether the law provides for an old-age benefit:

1: Legislation stipulates contributory old-age benefits, or old-age benefits are paid through a non-contributory universal benefits system (both administered by the state) or if there is a provision for non-state-administered old-age benefits*

0: There is no explicit provision for the old-age benefits or if the old-age benefits are only an employer liability.

*Due to nonstandard calculations for old age pension, the value of 40% cannot be easily ascertained for countries. This led to the use of a simpler methodology for this component.

**Provident Fund and Individual Mandatory Account

***  There is a minor revision in methodology here. The earlier methodology gave a country a score of 0 if old age benefits were means-tested. Although this condition was in line with Part V of Convention No. 102, this conditionality has now been removed, and scores are adjusted for the following countries: 

 

7.2 Survivors' Benefits

Does the law provide for survivors' benefits?

International Regulatory Standard 

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

Article 67 of the ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of survivors’ benefits for wives and children of breadwinners at the rate of at least 40 percent of the worker’s wage, where the contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if noncontributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount. The benefit shall be periodic payment.

Methodology

Whether the legislation provides for survivors' /dependents’ benefits:

1: The legislation provides for contributory social insurance or non-contributory universal benefits for the survivors’ or dependents’ benefits in the event of workers’ or pensioners’ death once they are eligible for old-age or disability benefits (both administered by the state) or if there is a provision for non- state-administered survivors’ benefits.*

0: There is no explicit provision for survivors’ benefits or if the survivors’ benefits are only an employer’s liability.

*Due to nonstandard calculations for dependents’/ survivors’ pension, the value of 40% cannot be easily ascertained for countries. This led to the use of a simpler methodology for this component.

**Provident Fund and Individual Mandatory Account

***  There is a minor revision in methodology here. The earlier methodology gave a country a score of 0 if survivors’ benefits were means-tested. Although this condition was in line with Part X of Convention No. 102, this conditionality has now been removed, and scores are adjusted for the following countries: 

7.3 Unemployment Benefits

Does the law provide for unemployment benefits?

International Regulatory Standard:

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

Article 67 of the ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of unemployment benefits at the rate of at least 45 percent of a worker’s former wage, where the contingency covered should include earnings’ suspension as defined by national laws or regulations, due to inability to obtain suitable employment in the case of a person protected who is capable of, and available for, work. The minimum duration of the benefit shall be a periodical payment for 13 weeks in a period of 12 months or periodic payment for 26 weeks within 12 months where all residents whose means during the contingency do not exceed prescribed limits.

Scoring Methodology:

Whether the legislation provides for unemployment benefits:

1: The legislation provides for unemployment benefits, when a worker loses employment, either through a contributory social insurance system or a noncontributory universal benefits system. *

0: There is no explicit provision for a state-administered unemployment benefits system or where only severance pay is provided in the event of unemployment.

*Due to varying standards, the value of 45% cannot be easily ascertained for countries. This led to the use of a simpler methodology for this component.

There is a minor revision in methodology here. The earlier methodology gave a country a score of 0 if unemployment benefits were means-tested. Although this condition was in line with Part IV of Convention No. 102, this conditionality has now been removed, and scores are adjusted for the following countries.

7.4a Sickness Benefits - Duration

Does the law require paid sick leave (and sickness benefits) for the first six months of sickness?

International Regulatory Standard

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

Article 67 of the ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of sickness benefits at the rate of at least 45 percent of a worker’s former wage, where the contingency covered should include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations. The benefit shall be a periodic payment for the whole of the contingency and limited to 26 weeks in each case of sickness, in which event it need not be paid for the first three days of suspension of earnings.

Scoring Methodology

Whether the legislation provides for paid sick leave for the first six months of sickness:

1: The legislation allows paid sick leave or sickness benefits for a minimum of the first six months of illness. The paid sick leave/sickness benefits must have been funded through a contributory social insurance system or a universally accessible system.*

0: The duration of paid sick leave/sickness benefits is less than six months or if the paid sick leave is only employer liability.

*Due to varying standards, the value of 45% cannot be easily ascertained for countries. This led to the use of a simpler methodology for this component.

*** There is a minor revision in methodology here. The earlier methodology gave a country a score of 0 if sickness benefits were means-tested. Although this condition was in line with Part III of Convention No. 102, this conditionality has now been removed. The earlier methodology also gave a score of 0 if the waiting period (before payment of sickness benefits by the social security system) exceeded 10 days. This conditionality has also dropped since longer waiting periods were found for those countries where the length of sickness benefits is longer than six months. Scores are adjusted for the following countries:

7.4b Sickness Benefits - Source

Does the law require paid sick leave (and sickness benefits) for the first six months of sickness?

International Regulatory Standard

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

Article 67 of the ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of sickness benefits at the rate of at least 45 percent of a worker’s former wage, where the contingency covered should include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations. The benefit shall be a periodic payment for the whole of the contingency and limited to 26 weeks in each case of sickness, in which event it need not be paid for the first three days of suspension of earnings.

Scoring Methodology

Whether the legislation provides for paid sick leave for the first six months of sickness:

1: The legislation allows paid sick leave or sickness benefits for a minimum of the first six months of illness. The paid sick leave/sickness benefits must have been funded through a contributory social insurance system or a universally accessible system.*

0: The duration of paid sick leave/sickness benefits is less than six months or if the paid sick leave is only employer liability.

*Due to varying standards, the value of 45% cannot be easily ascertained for countries. This led to the use of a simpler methodology for this component.

*** There is a minor revision in methodology here. The earlier methodology gave a country a score of 0 if sickness benefits were means-tested. Although this condition was in line with Part III of Convention No. 102, this conditionality has now been removed. The earlier methodology also gave a score of 0 if the waiting period (before payment of sickness benefits by the social security system) exceeded 10 days. This conditionality has also dropped since longer waiting periods were found for those countries where the length of sickness benefits is longer than six months. Scores are adjusted for the following countries:

Albania, Australia, Austria

7.5 Invalidity Benefits

Does the law provide for invalidity benefits?

International Regulatory Standard

• Social Security (Minimum Standards) Convention, 1952 (No. 102)

Article 67 of the ILO’s Social Security (Minimum Standards) Convention, 1952 (No. 102) stipulates the provision of invalidity benefit at the rate of 40 per cent of a worker’s former wage, where the contingency covered shall include the inability to engage in any gainful activity to an extent prescribed which inability is likely to be permanent or persists after the exhaustion of sickness benefit. The benefit shall be a periodical payment, and it shall be granted throughout the contingency or until an old-age benefit becomes payable.

Scoring Methodology

Whether legislation provides for invalidity benefits:

1:  Invalidity benefit is provided under the law and is paid through a contributory social insurance system or through a non-contributory universal benefits system financed through general taxation (both administered by the state) or if there is a provision for non- state-administered invalidity benefits.*

0: The invalidity benefit is only an employer’s liability, or if there is no explicit provision for an invalidity benefits system.

*Due to nonstandard calculations for the employee invalidity benefits, the value of 40% cannot be easily ascertained for countries. This led to the use of a simpler methodology for this component.

** There is a minor revision in methodology here. The earlier methodology gave a country a score of 0 if invalidity benefits were means-tested. Although this conditionality was in line with Part IX of Convention No. 102, it has now been removed, and scores are adjusted for the following countries:

Social Security - comparative tables

Old Age Benefits

Dependants’/Survivors’ Benefits

Unemployment Benefits

Sickness Benefit - Duration

Sickness Benefit - Source

Invalidity Benefits

Social Security - country score snapshot

Fair Treatment

The Fair Treatment indicator measures legislation causing wage gap, discrimination in employment matters, sexual harassment at work, employment segregation and unequal access to basic labour protection for gig workers. Equal remuneration for all workers, referring to the rates of remuneration without discrimination based on gender and any other discriminatory grounds is the fundamental requirement for promoting non-discrimination at the workplace.

8.1 Equal Remuneration

Does the law require equal remuneration for men and women workers for work of equal value?

International Regulatory Standard

• Equal Remuneration Convention, 1951 (No. 100)

Article 2 of the ILO’s Equal Remuneration Convention, 1951 (No. 100) stipulates that the principle of equal remuneration for men and women workers for work of equal value should be promoted and ensured for all workers by means appropriate to the methods in operation for determining rates of remuneration. This principle may be applied through national laws or regulations, legally established or recognised machinery for wage determination, collective agreements between employers and workers, or a combination of these various means.

The principle of equal remuneration is applied through objective appraisal of jobs on the basis of the work to be performed. The Convention further states that the “differential rates between workers which correspond, without regard to sex, to differences, as determined by such objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal remuneration for men and women workers for work of equal value”.

Scoring Methodology

Whether the law requires equal remuneration for work of equal value:

1: The legislation mandates equal remuneration for male and female workers for work of equal value without discrimination on the grounds of sex.

0: The law limits the principle of equal remuneration to the same work, similar work, equal work or work of a similar nature, or there is a general prohibition for discrimination in wages or the labour legislation does not even address this issue.

8.2 Sexual Harassment in Employment

Does the law prohibit sexual harassment in employment?

International Regulatory Standard

• Violence and Harassment Convention, 2019 (No. 190)

Article 7 of the ILO’s Violence and Harassment Convention, 2019 (No. 190) states that without prejudice to and consistent with Article 1 (definitions of violence and harassment as well as gender-based violence and harassment), each Member shall adopt laws and regulations to define and prohibit violence and harassment in the world of work, including gender-based violence and harassment. Article 10 of the Convention suggests that members may impose sanctions, where appropriate, in cases of violence and harassment in the world of work.

Scoring Methodology

Whether the law prohibits sexual harassment at work:

1: The legislation protects against workplace sexual harassment, with criminal penalties (either fines or imprisonment) or civil remedies (monetary compensation for victims and recovery of damages) or a combination of both.

0: There is no prohibition of sexual harassment in legislation or if the legislation addresses workplace sexual harassment in general terms and has a general prohibition on harassment only. 

8.3 Discrimination in Employment

Does the law prohibit discrimination in employment matters?

International Regulatory Standard

• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
• Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
• Convention on the Rights of Persons with Disabilities, 2006 (CPRD)
• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

Article 2 of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) states that equality of opportunity and treatment in respect of employment and occupation, with the purpose of eliminating any discrimination, should be promoted.

This regulatory standard is based on four different conventions.

The ten prohibited grounds for discrimination are:

• ILO Convention No. 111: race, colour, sex, religion, political opinion, national extraction or social origin, age
• ILO Convention No. 159 and CRPD: disability
• ILO Convention No. 98 : trade union membership or participation in trade union activities

Scoring Methodology

Whether the law prohibits discrimination in employment:

1: The law prohibits employers from engaging in discrimination or mandates equal treatment of all workers in employment matters. A score of 1 is assigned only if a country has prohibited discrimination on at least seven of the following ten grounds. The prohibited grounds for discrimination are “race, colour, sex, religion, political opinion, national extraction or social origin, age, disability and trade union membership".

0: The law does not prohibit such discrimination on at least seven of the ten grounds or only prohibits such discrimination in one or limited aspects of employment, such as pay or dismissal, instead of all employment related matters.

8.4 Access to Same Jobs as Men

Does the law allow women to do the same job as men?

International Regulatory Standard

• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

Article 2 of the ILO’s Discrimination (Employment and Occupation) Convention, 1958 (No. 111) requires each ratifying Member to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, and to eliminate any discrimination in respect thereof.

Scoring Methodology

Whether the law allows women to do the same jobs as men:

1: The legislation does not restrict non-pregnant and non-nursing women from working in the same jobs as men.

0: The law prohibits or restricts women from working in jobs deemed hazardous, arduous, morally inappropriate and during night hours.

8.5 Basic Social Protection - Platform Economy

Does the law guarantee basic labour protection to the platform workers?

International Regulatory Standard

The Global Commission on the Future of Work 2019 recommended the development of an “international governance system for digital labour platforms”, requiring platforms (and clients) to respect certain minimum rights and protections. The Maritime Labour Convention 2006 (MLC, 2006) can be used as an example.

The ILO Governing Body decided in March 2023 to place on the agenda of the 113th and 114th sessions of the International Labour Conference (June 2025 and 2026), a standard-setting item on decent work in the platform economy. Necessary questionnaires on the form, scope and content of such a standard have been distributed and responses were sought by the social partners and relevant stakeholders.

Similarly, provisions of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) 2017 can be used as guiding principles.

Scoring Methodology

Whether the law guarantees basic labour protection to the platform or gig workers:*

1: Considering the relatively new phenomenon of the platform economy, a score of 1 is currently assigned to all such countries providing access to basic social protection** (old age benefits, survivors’ and invalidity benefits) to self-employed workers.

0: The basic social protection is not afforded to self-employed workers or where access to these benefits is linked to citizenship.

*The basic assumptions of the Index are not applicable to the question on platform work.

**To give equal treatment to workers, labour legislation must regulate the gig or platform economy and provide the following universal labour guarantees or basic labour protections to the platform workers: access to fundamental workers' rights (which inow includes safe and healthy workplaces), social protection, adequate living wages, and decent working hours.

Fair Treatment - comparative tables

Equal Remuneration

Sexual Harassment in Employment

Discrimination in Employment

Access to same Jobs as Men

Basic Social Protection for Gig Workers

Fair Treatment - country score snapshot

Child and Forced Labour

The Child and Forced Labour indicator measures legislation regulating the employment of children and linking this employment to their compulsory education. The indicator also measures whether legislation prohibits forced labour.

9.1 Employment Age

Does the law prohibit the employment of children?

International Regulatory Standard

• Minimum Age Convention, 1973 (No. 138)
• Convention on the Rights of the Child (CRC)

Article 2 of the ILO’s Minimum Age Convention, 1973 (No. 138) states that a minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.

However, a ratifying Member whose economy and educational facility are insufficiently developed may, after consultation with the organisations of employers and workers concerned, initially specify a minimum age of 14 years.*

Article 32(2) of the UN’s Convention on the Rights of the Child, 1989 can be applied here as well. It states that the States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of a minimum age or minimum age for admission to employment; provide for appropriate regulation of the hours and conditions of employment; and provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Scoring Methodology

Whether the law prohibits the employment of children:

1: The legislation prohibits the employment of children under the age of 15 years (14 years in the case of developing countries).

0: The employment entry age is lower than 15 years (14 years in the case of developing countries).

* https://data.worldbank.org/country

9.2 Compulsory Schooling Age

Does the law set employment entry age equal to or higher than the compulsory schooling age?

International Regulatory Standard

• Minimum Age Convention, 1973 (No. 138)

Article 2(3) of the ILO’s Minimum Age Convention, 1973 (No. 138) specifies that the minimum age for employment shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years (14 years for developing countries).

Scoring Methodology

Whether employment entry age is similar or higher than the compulsory education age:

1: The legislation sets the employment entry age equal to or higher than the compulsory education age.

0: The employment entry age is lower than the compulsory education age or if the compulsory schooling age is not defined under the law.

9.3 Age for Hazardous Work

Does the law prohibit the employment of young persons in hazardous work under the age of 18 years?

International Regulatory Standard

• Minimum Age Convention 1973 (No. 138
• Convention on the Rights of Child (CRC)

Article 3 of the ILO’s Minimum Age Convention 1973 (No. 138) stipulates that the minimum age for admission to any type of employment or work which, by its nature, or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years. The types of employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist. National laws or regulations or the competent authority may authorise employment or work from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity.

Furthermore, Article 32(1) of the UN’s Convention on the Rights of Child states that there should be recognition of the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

Scoring Methodology

Whether the law prohibits the employment of young persons in hazardous work:

1: The legislation prohibits the employment of young persons under the age of 18 years in hazardous work.*

0: The employment entry age for hazardous work is lower than 18 years or is not specified under the law.

*Work which, by its nature or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of a young person.

9.4 Forced Labour

Does the law prohibit forced labour?

International Regulatory Standard

• Forced Labour Convention, 1930 (No. 29)
• Protocol of 2014 to the Forced Labour Convention, 1930
• International Covenant on Civil and Political Rights (ICCPR)

Article 2 of the ILO’s Forced Labour Convention, 1930 (No. 29) specifies that forced or compulsory labour means all work or service (with some exceptions) which is exacted from any person under the menace of any penalty and for which the said person has not offered himself Voluntarily.

Protocol of 2014 to the ILO’s Forced Labour Convention, 1930 focuses on taking effective measures to prevent and eliminate the use of forced or compulsory labour, to provide protection to victims and access to appropriate and effective remedies, such as compensation, and sanction the perpetrators of forced or compulsory labour. It also refers to specific action against trafficking in persons for the purposes of forced or compulsory labour.

Article 8 of the UN’s International Covenant on Civil and Political Rights, 1954 states that no one shall be held in slavery or servitude; slavery and the slave trade in all their forms shall be prohibited, and no one shall be required to perform forced or compulsory labour.

Scoring Methodology

Whether the law prohibits forced labour:

1: The legislation prohibits forced labour except in certain extraordinary circumstances.

0: The law does not prohibit forced labour or has only a general prohibition without any sanctions (monetary fines and/or term of imprisonment).

Child and Forced Labour - comparative tables

Employment Age of Children

Employment Age of Children

Age for Hazardous Work

Forced Labour

Child and Forced Labour - country score snapshot

Freedom of Association

The Freedom of Association indicator measures legislation regulating freedom of association, the right to collective bargaining as well as the right to strike.

The indicator also measures whether law prohibits employers from Impsoing excessive sanctions against workers involved in industrial action.

10.1 Freedom of Association

Does the law allow workers to form and join unions of their own choice?

International Regulatory Standard

• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

Article 2 of the ILO’s Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) states that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.

Scoring Methodology

Whether the law allows Freedom of Association (FoA):

1: The legislation allows workers to form and join organisations of their own choice, except for armed forces and police.

0: There is an explicit general prohibition in law on the right to establish and join organisations, or the law prohibits the establishment of more than one trade union in a single enterprise, or there is a state monopoly through the imposition of a single organisation to which workers and their representative organisations must belong.

Workers are excluded from the right to form and join organisations of their own choice based on exclusionary criteria like race, political opinion, nationality, age or on the grounds of occupational categories (public or private sector) or type of employment (part-time or full-time work; workers are prohibited from joining more than one trade union even if they are engaged in work at different workplaces as part-time workers).

The legislation places excessive requirements on the right to organise in an enterprise by setting a minimum number of workers in an enterprise for registration of a trade union (a minimum of 30 workers in a workplace to allow the establishment of trade unions). Restriction could also take the form of requiring a minimum number of workers to be trade union members (more than 20 members) or setting a high percentage of workers in a workplace to be trade union members (more than 10% of the total workers).*

* These must be considered jointly. The permissible registration requirement for a trade union could be that its members are “at least ten percent (10%) of the total workers employed in the workplace or twenty (20) workers engaged in such workplace, whichever is less”.

10.2 Collective Bargaining

Does the law allow workers to bargain collectively with employers through their representative unions?

International Regulatory Standard

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

Article 4 of the ILO’s Right to Organise and Collective Bargaining Convention, 1949 (No. 98) states that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers’ organisations and workers’ organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

Scoring Methodology

Whether the law allows workers to bargain collectively:

1: The legislation allows workers* and their representative organisations to negotiate and conclude collective agreements with employers to determine terms and conditions of employment.

0: There is an explicit general prohibition in the law on the right to collective bargaining. Workers are excluded from the right to bargain collectively based on exclusionary criteria like race, political opinion, nationality or on the grounds of occupational categories (public or private sector) except the public servants engaged in the administration of the state (civil servants employed in government ministries and other comparable bodies). There is an absence of objective, pre-established and precise criteria for determining and recognising trade unions entitled to collective bargaining. There are excessively high representation thresholds (higher than 20%) for trade unions to engage in collective bargaining at the workplace level.

* except armed force, police and public servants engaged in the administration of state

10.3 Right to Strike

Does the law provide the right to strike?

International Regulatory Standard

• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

Article 11 of the ILO’s Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) states that each Member of the International Labour Organisation for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise.

Para 751 of the Compilation of Decisions of the Committee on Freedom of Association, 2018 shares that while the Committee has always regarded the right to strike as constituting a fundamental right of workers and of their organisations, it has regarded it as such only in so far as it is utilised as a means of defending their economic interests. Para 754 further states that the right to strike is an intrinsic corollary to the right to organise protected by the ILO Convention No. 87.

Scoring Methodology

Whether the law allows the right to strike:

1: The legislation guarantees workers the right to strike.

0: The right to strike is not provided in law or if there is an explicit general prohibition on strikes. There are excessive exclusions based on race, political opinion, nationality, or occupational categories (public or private sector). The right is jeopardised through many restrictions (e.g., limiting or stipulating the duration of a strike before initiation of strike action or where the list of essential services is broader than the approved list).* The right to strike is restricted by imposing a requirement that more than 50% of workers should be in favour of a strike (the requirement of an absolute majority).

The legislation sets too long a period for previous negotiation, conciliation, and mediation (greater than 30 days) or unreasonable notice/cooling-off periods before calling a strike (greater than 14 days). The legislation allows either party (employer or worker organisations) or the government to refer a collective labour dispute to the arbitrator or labour court if parties do not reach an agreement on a collective bargaining agreement or to end a strike (compulsory arbitration). Recourse to compulsory arbitration is, however, allowed if both parties agree to it, or the Government could refer a dispute to the Labour Court for compulsory arbitration in the event of an acute national crisis.

* The score will, however, remain 1 in cases where the list of essential services is broader though the right to industrial action is not restricted and only a minimum service requirement is imposed.

10.4 Sanctions against Striking Workers 

Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers?

International Regulatory Standard

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

Article 1 of the ILO’s Right to Organise and Collective Bargaining Convention, 1949 (No. 98) states that workers shall enjoy adequate protection against anti-union discrimination in their employment.

This protection specifically applies to actions that require a worker to either refrain from joining a union or relinquish their union membership as a condition of employment. It also safeguards against dismissal or any other form of prejudice due to a worker's union membership or participation in union activities, whether outside working hours or, with the consent of the employer, within working hours.

Scoring Methodology

Whether the law prohibits replacing workers on strike:

1: The legislation prohibits imposing excessive sanctions against striking workers, including the replacement of such workers.

0: The law does not prohibit the dismissal or replacement of workers who are on legitimate and peaceful strikes, and excessive sanctions, including monetary fines and imprisonment, are imposed in case of strikes.

There are excessive, disproportionate and/or penal sanctions (monetary fines and imprisonment) for organising or participating in a legitimate strike, regardless of whether the strike is lawful or unlawful under national legislation.

Freedom of Association - comparative tables

Freedom of Association

Collective Bargaining

Right to Strike

Sanctions against Striking Workers

Freedom of Association - country score snapshot

Section 5 CONTEXTUALISING AND NORMALISING THE COUNTRY SCORES ON THE LABOUR RIGHTS INDEX

The Labour Rights Index Methodology

The Labour Rights Index (LRI) scores 145 countries across ten indicators that span fair wages, decent working hours, employment security, family responsibility, maternity at work, social security, forced labour and a worker’s access to trade union and freedom of association. Each indicator is made up of four to five binary questions that assess the country's legislation and legal provisions on its ability to guarantee a specific right to its worker. Under the Employment Security indicator, for instance, this would look like this:

1. Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment?
2. Does the law restrict the hiring of fixed-term contract workers?
3. Does the law limit the length of the probation period, including renewals, to three months?
4. Does the law require a 30-day notice period before employment contract termination?
5. Does the law require severance pay at the rate of at least two weeks of wages for every year of service?

Each question will be answered as Yes (1) or No (0) against a specific criterion detailed within the methodology.

This score is then scaled to 100. The final score of a country is a simple average of all ten indicators.

The Limits of the Index

As each indicator with its relevant questions (46 in total) assesses a country on legislation and legal text, the LRI fails to capture the on-ground realities present in the application of the law. Having robust legislation that declares that workers will be provided with employment contracts, sets limits to the use of a fixed-term contract, and states that the probation period should be less than three months along with a guarantee of notice period followed by the provision of severance pay does not necessarily translate to execution.This can be caused by a flawed democracy, a weak labour inspectorate system or simply because of a dominant informal sector that falls outside the power of the law amongst many reasons. However, the chasm between legislation and its application boils down in essence to a weak rule of the law.

Accounting for Reality

• LRI-Normalized Heat Map

We normalise the LRI scores using the min-max method and then scaling the score to 100. To bridge the gap between the de jure labour rights and the de facto situation, the index is used in conjunction with data on the legitimacy or effectiveness of laws in practice.

This is done by combining the LRI score with a multitude of additional indexes and data sources.

• World Justice Project (WJP)

Factor 6 of the World Justice Project (WJP)’s Rule of Law Index measures the regulatory enforcement of the law in a country.[37] It scores between 0 and 1 with a lower score indicating a weaker adherence to the rule of law. We create a composite index by calculating a new score as a product of Factor 6 and the LRI score: LRI scored adjusted under the Ruel of Law Index is given by:

• Size of Formal Sector

The size of the formal sector allows for the assessment of the proportion of the labour force that is under the jurisdiction of the legislation. A high score on the Labour Rights Index might not be as impactful if the laws assessed only protect a minority of workers. To rectify this, we create a composite index by calculating a new score as a product of the formal sector[38] as a percentage of the workforce and the LRI score:

LRI scored adjusted under the formal sector size is given by:

• Worldwide Governance Indicators (WGI)

The Rule of Law dimension of the Worldwide Governance Indicators (WGI) by the World Bank captures perceptions of the extent to which agents have confidence in and abide by the rules of society, and in particular the quality of contract enforcement, property rights, the police, and the courts, as well as the likelihood of crime and violence.[39]

The scores under WGI range from approximately
-2.5 (weak) to 2.5 (strong) governance performance which has been readjusted from 0 (weak) to 5 (strong performance).

We create a composite index by calculating a new score as a product of the Rule of Law dimension and the LRI score:

LRI scored adjusted under the formal sector size is given by:

• Sustainable Development Goal 8.8.2

SDG indicator 8.8.2, calculated by the ILO, ranges from 0 to 10, with 0 being the best possible score and 10 the worst, indicating levels of compliance with Freedom of Association and Collective Bargaining rights. The score on Freedom of Association indicator of the LRI is replaced with the scaled score under SDG 8.8.2.[40]

To account for the de facto trade union rights present in a country, the we calculate a new score as follows:

Final Output

This allows for the creation of four additional heat maps. Each adds a layer of context and granularity and provides an additional lens through which the end-user may interpret the Labour Rights Index.

However, no data set looks at each country assessed in the LRI. This leads to missing values in the resulting graphs. Until the Index extends to assessing the de facto application, composite indexes with missing values will have to act as a stopgap.

Labour Rights Index 2024: Original Heatmap

This map is the original heat map of the 145 countries, covered under the Labour Rights Index 2024. This map shows the data as it is without any normlisation technique applied to this data.

Please check it here: https://labourrightsindex.org/2024/heatmap-2024 

Labour Rights Index 2024: Normalised Heatmap

This map shows normalised scores from the Labour Rights Index 2024 for 145 countries by using the min-max method.

Labour Rights Index 2024 - World Justice Project Heatmap

This map is a product of the LRI overall score (0-100) and country score on Factor 6 (0-1), measuring regulatory enforcement from the Rule of Law Index of the World Justice Project. The scores are normalised using the min-max method and scaled to 100. The latest WJP data (2023) is, however, available only in 124 of the 145 LRI countries. The Labour Rights Index data is from the 2024 Index.

For more information about the WJP's Rule of Law Index, please follow the link: https://worldjusticeproject.org/rule-of-law-index/factors/2023/Regulatory%20Enforcement/

Labour Rights Index - SDG 8.3.1 Heatmap

This map is a product of the Labour Rights Index 2024 overall score (0-100) and the proportion of formal employment in total employment in the country. The scores are normalised using the min-max method and scaled to 100. The proportion of formal employment is indirectly derived from the latest country value on Sustainable Development Goal (SDG) indicator 8.3.1, computed by ILO. Data is, however, available only in 102 of the 145 LRI countries. The Labour Rights Index data is from the 2024 Index.

For more information about the SDG Indicator 8.3.1 on proportion of informal employment in total employment, please follow the link:

https://ilostat.ilo.org/data/

Labour Rights Index - WGI Heatmap

This map is a product of the LRI overall score and the scaled score on the Rule of Law dimension ofthe Worldwide Governance Indicators (WGI) by the World Bank. The scores under WGI range from approximately -2.5 (weak) to 2.5 (strong) governance performance. These are readjusted from 0 (weak) to 5 (strong performance). The final scores are normalised using the min-max method and scaled to 100. WGl data is available for all LRI countries. The WGI data is available for 2023. The Labour Rights Index 2024 data is used to create this map.

For more information about the World Governance Indicators, please follow the link: hhttps://www.worldbank.org/en/publication/worldwide-governance-indicators

Labour Rights Index - SDG 8.8.2 Heatmap

This map is created while using the latest country score on Sustainable Development Goal (SDG) 8.8.2 (after indirectly calculating the levels of compliance with FACB rights and scaling the result to 100) instead of the LRI's own freedom of Association indicator score to account for the de facto trade union rights present in a country. SDG indicator 8.8.2, calculated by the ILO, ranges from 0 to 10, with 0 being the best possible score and 10 the worst, indicating levels of compliance with Freedom of Association and Collective Bargaining rights). The final scores are normalised using the min-max method and scaled to 100. Data is available for all LRI countries, except Taiwan. The Labour Rights Index 2024 data is used to create this map.

For more information about the SDG Indicator 8.8.2 on the level of national compliance with labour rights (FOA& CB), please follow the link:

https://ilostat.ilo.org/data/

Notes

Section 2: Conceptual Framework

1. A 2014 UN report provides an inventory of 101 composite measures of well-being and progress, covering a broad range of themes from governance to gender disparity and poverty to economic progress. https://hdr.undp.org/system/files/documents/inventoryreportworkingpaper.pdf
2. The Labour Rights Index is based on national labour legislation, applicable on 01 January 2024.
3. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
4. Protect labour rights and promote safe and secure working environments for all workers, including migrant workers,
   in particular women migrants, and those in precarious employment.
5. https://www.ilo.org/publications/world-social-security-report-201011-providing-coverage-times-crisis-and (page 101)
6. Botero, J. Djankov, S., La Porta, R. , Lopez-de-Silanes, F. and Shliefer, A. 2004. "The Regulation of Labour" Quarterly
   Journal of Economics 119(4), pp. 1339-1382
7. Heymann, J., and Earle, A. 2009. Raising the global floor: dismantling the myth that we can't afford good working conditions for everyone. Stanford, Calif.: Stanford Politics and Policy.
8. https://gsphub.eu/about-gsp/gsp-plus
9. https://ustr.gov/sites/default/files/gsp/GSPGuidebook_0.pdf
10. https://unstats.un.org/sdgs/indicators/indicators-list/
11. MDGs included 8 Goals, 21 Targets and 60  indicators.https://www.undp.org/sites/g/files/zskgke326/files/publications/Indicators_for_Monitoring_the_MDGs.pdf
12. https://sustainabledevelopment.un.org/sdg8
13. These include Database of Conditions of Work and Employment Laws(https://www.ilo.org/resource/other/databaseconditions-
    work-and-employment-laws) Global Database on Occupational Safety and Health Legislation
    (https://webapps.ilo.org/dyn/legosh/en/f?p=14100:1000:0::NO:::), Employment Protection Legislation Database
    (https://eplex.ilo.org/), Industrial Relations Database (https://webapps.ilo.org/dyn/irlex/en/f?p=14100:1:0::NO:::), and
    Labour Inspection Country Profiles (https://www.ilo.org/resource/labour-inspection-country-profiles)
14. Now referred to as Labour Market Regulation http://www.doingbusiness.org/data/exploretopics/employing-workers
15. http://wbl.worldbank.org/
16. https://www.weforum.org/reports/the-global-competitiveness-report-2016-2017-1
17. http://www.nber.org/papers/w11598
18. https://www.heritage.org/index/pages/report. As explained in the Methodology, the Labour Freedom component
    considers seven quantitative sub factors and is part of Regulatory Efficiency, one of the four major aspects of
    economic and entrepreneurial environment.
19. https://www.issa.int/databases/country-profiles
20. https://www.oecd.org/employment/emp/oecdindicatorsofemploymentprotection.htm
21. https://www.repository.cam.ac.uk/items/938d5a0d-3799-4c5a-8103-8a7355628ef3
22. https://www.ituc-csi.org/global-rights-index
23. http://labour-rights-indicators.la.psu.edu/
24. Centre for Labour Research is a non-profit organization based in Pakistan. For details of contributions, please refer to
    acknowledgements.
25. Doing Business 2004 report defines labour law to include the following four types of regulations: "employment
    regulation, social security laws, industrial relations, and workplace safety and health laws".
    (https://www.doingbusiness.org/content/dam/doingBusiness/media/Annual-Reports/English/DB04-FullReport.pdf)
    (p.30)
26. ILO Declaration on Social Justice for a Fair Globalization, 13 August 2008(https://www.ilo.org/resource/ilo-declarationsocial-
    justice-fair-globalization)
27. Decent work indicators, 9 September 2012(https://www.ilo.org/integration/themes/mdw/WCMS_189392/lang--
    en/index.htm)
28. ILO Monitor on the world of work. 10th edition, 31 October 2022 (https://www.ilo.org/resource/brief/ilo-monitorworld-
    work-10th-edition)
29. For the minimum wage question, the Index considers lowest rates, notified by the governments, to ensure
    comparability of data. These may include minimum wage rates for unskilled work.
30. Includes foreign workers, which comprise most of the labour force in some countries.
31. Decent Work Check is a Wagelndicator concept which has been developed over more than a decade to inform
    workers about their workplace rights on a global level.
32. https://wageindicator.org/
33. https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_627189/lang-- en/index.htm
34. ILO Declaration on Fundamental Principles and Rights at Work, originally adopted in 1998, was amended in 2022 to
    include the fifth fundamental principle and right at work, which is the right to a safe and healthy working
    environment. https://www.ilo.org/declaration/lang--en/index.htm
35. https://www.doingbusiness.org/content/dam/doingBusiness/media/Annual- Reports/English/DB16-Full-Report.pdf
36. A similar approach has been used by the International Trade Union Confederation under its ITUC Global Rights Index
    2020. https://www.ituc-csi.org/ituc-global-rights-index- 2020

Section 5: Contextualising & Normalising the country scores

1. https://worldjusticeproject.org/rule-of-law-index/
2. We use “SDG indicator 8.3.1 - Proportion of informal employment in total employment” data to calculate the
   proportion of “formal employment in total employment” in the country.(https://rshiny.ilo.org/dataexplorer37/?
   lang=en&id=SDG_0831_SEX_ECO_RT_A)
3. https://info.worldbank.org/governance/wgi
4. https://rshiny.ilo.org/dataexplorer39/?lang=en&id=SDG_0882_NOC_RT_A

Glossary

Annual Leave

All employees are entitled to paid time off from work during each working year.

Child

Any young person under 15 years of age (14 years in developing countries) or still subject to compulsory full-time schooling under national law.

Collective Agreement

All agreements in writing regarding working conditions and terms of employment concluded between an employer, a group of employers or one or more employers' organisations, on the one hand, and one or more representative workers' organisations, or, on the absence of such organisations, the representatives of the workers duly elected and authorised by them per national laws and regulations, on the other. (Para. 2 (1) of the R91)

Collective Bargaining

A negotiation process between unions and employers regarding the terms and conditions of employment of employees and the rights and responsibilities of trade unions.

Compensation: Compensation is a form of recompense, both in the form of monetary reparation or time-off, for those working "unsocial hours," i.e., working overtime, at night, weekly rest days and public holidays.

Contributory Benefits System

The grant depends on direct financial participation by the persons protected or their employer or on a qualifying period of occupational activity. (Art. 1(j) of the C128)

De Jure

All such practices and actions that are legally recognised, irrespective of whether they exist in practice. De jure (based on law) is used in contrast to de facto (in practice).

Discrimination

Any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin, age, disability and trade union membership that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

Employment Segregation

The concentration of women and men in different types and levels of activity and employment, with women being confined to a narrower range of occupations than men (horizontal segregation) and lower work grades (vertical segregation).

Equal Remuneration for Work of Equal Value

Rates of remuneration established without discrimination based on sex.

Essential services

Services, the interruption of which may endanger the life, personal safety or health of the whole or part of the population. However, the concept is not absolute. A non- essential service may become essential if a strike lasts beyond a specific time or extends beyond a particular scope. The following may be considered to be essential services in the strict sense of the term: the hospital sector; electricity services; water supply services; the telephone service; the police and the armed forces; the firefighting services; the public or private prison services; the provision of food to pupils of school age and the cleaning of schools; air traffic control. (ILO CFA Digest of decisions and principles, Para. 840)

Family Responsibilities

Applies to men and women workers with responsibilities in relation to their dependent children, and to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity.

Fixed-Term Contract

An employment contract entered directly between an employer and a worker, where the end of the employment contract or relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the occurrence of a specific event.

Forced Labour

All work or service which is exacted from any person under the menace of any penalty and for which the person has not voluntarily offered himself. Exceptions include compulsory

General Weekly Hours

The number of hours specified in the relevant industrial instrument as the average number of hours per working week of an employee during a week.

Gig Economy

The gig economy combines online/digital marketplaces for engaging individuals for short-term tasks. These mini marketplaces are also referred to as digital labour platforms. The platform economy distinguishes between two primary forms of work: crowd work and work on demand via apps. Crowd work is performed online and is location-independent. 'Work on demand via apps', on the other hand, matches the worker and the client digitally, and the work is performed locally. Activities include transportation, food delivery and home services.

Fundamental Workers' Rights

Freedom of association and the effective recognition of the right to collective bargaining, freedom from forced labour, child labour and discrimination.

Invalidity Benefit

Cash payments on account of complete or partial inability to participate gainfully in the labour market due to disability. The invalidity may be congenital or result from an accident or illness during the victim's lifetime. Invalidity is also referred to as disability.

Living Wage

The level of wages sufficient to meet the basic living needs of an average-sized family in a particular economy.

Maternity Leave

Leave to which a woman is entitled to a continuous period, allocated before and/or after giving birth per national legislation and practice.

Night Time

Any period of not less than seven hours, as defined by national law, which must include the period between midnight and 5 a.m.

Night Worker

A worker who works at least three hours of his/her daily working time during night time as a regular course.

Non-Contributory Universal Benefits

Benefits the grant of which does not depend on direct financial participation by the persons protected or their employer or on a qualifying period of occupational activity (Art1, C128)

Overtime

The working hours of a worker above the standard established by law, a collective bargaining agreement, an individual employment contract or company policy. Such hours are generally paid for at "penalty" or overtime rates.

Occupational Accident

An Occupational accident is an unexpected and unplanned occurrence, including acts of violence, arising out of or in connection with work which results in one or more workers incurring a personal injury, disease or death. Occupational accidents are to be considered as travel, transport or road traffic accidents in which workers are injured and arise out of or in the course of work, i.e. while engaged in economic activity, at work, or carrying on the employer's business.

Parental Leave

The individual right to leave, in principle on a non-transferable basis, for all male and female workers following the birth or adoption of a child to enable them to take care of that child. There is usually a fixed amount of leave or fixed amounts of time in any year or years that may be taken for reasons concerning care responsibilities.

Part-time Work

Work arrangement implying working hours that are shorter than usual or standard full-time hours.

Paternity Leave

Employment-protected leave of absence for employed fathers at or in the first few months after childbirth.

Permanent Worker

A worker with an employment contract or relationship of indefinite duration.

Probationary Period

A fixed-length monitoring period allowed by law for new employees to determine whether they have the skills and abilities needed to perform the assignment in their employment contract.

Remuneration

Ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or kind, by the employer to the worker and arising out of the worker's employment.

Sexual Harassment Sanctions

Legislation may provide civil remedies and/or criminal penalties. The aim of civil remedies is to restore the victim to their position before the sexual harassment occurred. These include recovering monetary or emotional damages or compensation to the victims even after they have left employment. Criminal penalties penalise the perpetrator of harassment for committing sexual harassment. These include monetary fines and imprisonment.

Severance Payment

The final payment made to a worker when his/her employment is terminated.

Social Protection

Used interchangeably with 'social security', it is the set of policies and programmes designed to reduce and prevent poverty, vulnerability and social exclusion throughout the life cycle. It includes nine main areas identified in C102: child and family benefits, maternity protection, unemployment support, employment injury benefits, sickness benefits, health protection (medical care), old-age benefits, invalidity/disability benefits, and survivors' benefits. Social protection systems address all these policy areas through a mix of contributory schemes (social insurance) and non-contributory tax-financed benefits (including social assistance).

Strike

A concerted temporary stoppage of or withdrawal from work by a group of workers of an establishment or several establishments to express a concern or to enforce demands affecting wages, working hours and/or working conditions.

Violence and Harassment

A range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm.

Gender-based Violence and Harassment

Violence and harassment directed at persons because of their sex or gender, or disproportionately affecting persons of a particular sex or gender, and includes sexual harassment.

Trade Union

An association of workers to protect and promote common interests.

Wage

The payment in exchange for labour provided under a contract of employment. The gross wage is the wage before deduction of taxes and other authorised deductions. Wages are calculated according to time-rate or piece-rate systems.

Work Injury Benefit

Cash payments on account of complete or partial inability to participate gainfully in the labour market due to disability or fatality caused by an occupational accident.

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