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