1

Appendix

Brief Description of Relevant Laws, Labor Regulations and

Additional references including some Notes from Other

Studies that were used in the Coding of LAMRIG

Appendix to Campos, N. and J. Nugent (2012), The Dynamics of the

Regulation of Labor in Developing and Developed Countries since 1960.

ALBANIA

1993: Act No. 7724 of 22 June 1993 on the regulation of working time and leave.

Is applicable to employees of both public and private sectors. Defines various concepts such as

salary, contains provisions on working hours for employees working under difficult conditions as

well as provisions relating to overtime and the time of leave (daily, weekly, annual, additional,

special, special). Act No. 7780 of 22 December 1993 amending Act No. 7651 of 21 December

1992 on official holidays. When holidays fall on a Saturday or Sunday, the holiday is postponed

until the following business day. Date of entry into force: 1993-12-22

1995: Law No. 7961 of 12 July 1995 promulgating the Labour Code.

Presents the fundamental rights of the worker (prohibition of forced labor and discrimination,

freedom of association). Defines the terms of employment contract, group contract, part-time

work, homework and learning contract. Establishes the respective obligations of the employee

(personal performance of work, responsibility, restraint of trade after the end of the employment

relationship) and the employer (Protection of personality, commitment, work certificate). Specifies

actions that must be met for the safety and health of workers. Contains provisions on working

hours and holidays as well as wages (fixing, payment, protection). Provides for special protection

measures for young men and women (minimum age, light work, medical, maternity leave, night

work). Regarding labor relations, said the terms and conditions of availability of employees,

transfer and termination of employment relationship (permanent contract, term, termination with

immediate effect). It contains provisions relating to collective labor agreements (content, parties,

scope, related persons, negotiations) and unions (creation, status, freedom of association,

prohibition of interference, dissolution). Also set out procedures for dealing with disputes, the

labor administration and sanctions.

2003: Act No. 9125 of 29 July 2003 on amendments and supplements to the Law No. 7961 of 12

July 1995 promulgating the Labour Code, amended by Law No. 8085 of 12 March 1996.

Amends provisions relating to the employment contract, the prohibition of competition after the

expiry of the realtion work, prohibition of work presenting hazards to the health of pregnant

women and nursing mothers, the daily hours of work (no more than 8 hours), weekly hours of

2

work (not more than 40 hours), the compensation for work performed on holidays, the prohibition

of employment of minors under 16 years, the prohibition of women's work 35 days before and 42

days after delivery, the prohibition of pregnancy testing in hiring except for cases in which the

work is likely to harm the health of expectant mothers, and termination of contract by the

employer. Also contains provisions relating to trade unions and representative bodies of employers

and employees. Amends Chapter 8 on mediation, conciliation and arbitration and the provisions

concerning the right to strike. Text embedded in the English translation of the Labour Code. Date

of entry into force: 2003-09-03

2009: Order No. 409 of 22 April 2009 amending Order No. 207 of 9 May 2002 on the designation

of difficult and dangerous work.

Provides for a maximum working week to 48 hours per week

ALGERIA

1974: Labor code enacted.

1976: Constitution declares numerous explicit rights of workers (articles 5, 6), specifies 40 hour

week, 5 days, with 12 hour maximum, 2.5 days of paid vacation for month worked. Extremely

tight limits on temporary or short term contracts: for replacement of absent worker, seasonal work

and subject to inspection with penalties to firm if not approved. (articles 11, 12, and 13)

1978: Law 78-12 of 5 August

1982: Law 82 of Feb 27 Laws passed to strengthen protection of minors

1984: Decree no 84-354 of November 1984

1990: Law 90-11 of 21 April New labor code that eliminated collective bargaining and introduced

greater flexibility in alternative contracts (large decrease in regulation)

1994: Law 94-09 law tries to make firms consider other options before laying off workers (moving

from full-time to part-time). To be able to lay off firms will have to appear before a judge to

document that he engaged in the entire appropriate alternative before laying off. Articles 69-71.

But overall this makes it easier for firms to lay off workers and state gives some support to the

workers and through active job placement Boni (2009) p 11)

1996: Ordinance 96-21 of 9 July. Minor tightening of constraints on use of fixed term contracts

and increased penalties to employers for violations

2006: Convention on collective contracts involving industry and labor unions adopted in

Economic and Social National Pact of 30 September pledges the parties to serve as dialogue to

achieve social goals.

3

While no change since 1997 except for journalists has been identified in the labor laws posted on

NATLEX, LEXADIN, Boni (2009) reported that revision of labor law was being discussed in

2009.

Bouklia-Hassane (2009) comments that Algerias liberalization of labor markets was accompanied

by the introduction of an unemployment insurance scheme that offered declining compensation for

unemployed over time so as not to discourage job search and acceptance. This program, however,

has been only very partially implemented.

World Bank 2007 showed Algeria to have a world average score on their hiring and firing index

and with no appreciable reform since 2003

European Commission 2010 V. 2, p 112. the rigidity of the Algerian labor market and its

regulations has led to hiring in of workers from foreign firms which are not subject to the labor

market regulations. Points to the rigidities contained in the Constitution of 1976

Kpodar (2007) asked why unemployment rates were so high in Algeria. He used panel data across

countries and over time for 10 MENA and 14 Transition Countries This study examines the

relative importance of various alternative explanation for why, despite its sharp fall in its

unemployment rate between 1995 and 2005, Algerias average unemployment rate is higher than

either the MENA average or the Transition Economy average. Explanatory factors include labor

market rigidities, taxes on wage rates, social security payments by the employer and firing costs

but also macroeconomic factors that change over time such as labor productivity, real interest

rates, inflation rates, terms of trade shocks and lagged unemployment rates. Terms of trade during

the 1995-2007 period helped employment and GDP growth averaged over 4% per annum 1995-

2005. The results show that differences between Algeria and any particular country over time are

better explained by the macroeconomic shocks and in particular low labor productivity and civil

disturbances than by the labor and tax wedge variables. But in view of the fact that no variations in

the labor variables or tax variables over time were introduced, and that labor market regulations

can affect labor productivity and the lagged unemployment rate that were included in most

specifications, this claim was at best exaggerated. Doubts can also be raised about the validity of

the instruments used for labor productivity (financial development and human capital) to deal with

endogeneity of labor productivity, reverse causation and omitted variables. Then interaction terms

are included for MENA dummy with labor productivity, lagged unemployment rate, and terms of

trade, these tend to show that the differential effects of these variables on Algerian unemployment

are more the differentials between Algeria and Transition Economies, not so much those with

other MENA countries. Nevertheless, in his policy recommendations Kpodar mentioned

advantages of shortening notification period, and tme until layoffs can become effective and

removing requirement of privatized firms not to lay off workers.

World Bank 2007 suggested that the impressive reduction in unemployment rates from 30% in

1999 to 15% in2005 was attributed to active labor market policies providing subsidized short term

employment in public works or at home. Should these have not been considered employed, there

would have been essentially no reduction in unemployment rate.

Additional references:

http://www.pogar.org/publications/other/laws/labor/labor-alg-90-e.pdf

http://www.pogar.org/publications/other/laws/labor/labor-alg-90-e.pdf

4

http://www.nationsencyclopedia.com/economies/Africa/Algeria-WORKING-CONDITIONS.html

ANGOLA

1975: Decree no. 30 by repealing the decree no. 38,596, of January 4, 1952 [SL 1952-On. 1], and

all other legislation contrary. It repeals previous legislation on holidays and official holidays sets

new paid during which work is prohibited, unless special provision to that effect.

1977: Decree no. 50 of June 7, 1977 by establishing working hours of forty-four hours a week in

all sectors of national activity. Repealed any provision contrary to this decree.

1982: Decree no. 61/82 by regulating working hours.

1984: Decree no. 16/84, 24 August, which approves the regulations of Chapter III of the Act in

general work on the legal employment relationship established through the contract.

Colectnea of Legislao do Trabalho, 1991 -06, Angola, p. 27-31

Establishment of labor legal relations, capacity to contract, contract duration, periods of fixed term

contract, modification, suspension and termination of employment.

1985: Executive Decree no. 12/85, to February 16, which lays down rules for the application

forms and payment systems. Colectnea of Legislao do Trabalho, 1991-06, Angola, p. 246-247.

There will be two forms of payment: performance and time, each comprising different systems:

individual or collective performance by adjusting for hourly, daily wage, monthly, etc.

1987: Executive Decree no. 30 for approving the rules of entitlement to leave. Regulates the right

to paid annual leave guaranteed to all workers. The predicted maximum annual period is 30

calendar days.

1989: Decree no. 44/89, for approving the statutory minimum wage rates and methodology for the

development of qualifiers for all occupations. Decrees Nos. revoked. 87/81, of October 26, 11/87

of June 27 and Executive Order No. set. 41/81 of 18 November.

1991: The salary scale approved by the decrees nos. 87/81 and 11/87, becomes the statutory

minimum wage rates for employees of state agencies and state enterprises, joint ventures, joint

ventures, private and cooperative and the social and mass organizations. Approving the

methodology for the development of qualifiers for all occupations.

Decree no. 59/91, which provides for workers in state enterprises, private and joint ventures, a

mandatory minimum wage scale. Revokes items 1-4 of Decree 44/89, of August 5 and Article 1 of

Decree no. 25/90 of 28 September.

Decree no. 8-G/91: regulates working hours, regulating the hours of operation of businesses and

services and work schedules. It recognizes the principle of flexibility, depending on the nature of

the activity and the subordination of the working hours of the operation of the company, always

respecting the limits of working hours set by law.

http://www.nationsencyclopedia.com/economies/Africa/Algeria-WORKING-CONDITIONS.html

5

Decree no. 32/91 on layoffs. Regulates the process of termination of the legal employment through

collective dismissal, for the reduction of the workforce considered surplus to the implementation

of the measures of downsizing or reorganization. Also included in this decree workers in state

enterprises and joint ventures and agencies that are in the situation described above. It is

considered collective redundancies which affects five or more workers within three months.

2000: General Labour Law no. 2/00. Lei Geral do Trabalho, 2000, National Imprensa-UEE,

Luanda, Angola, 153 p. Lei Geral do Trabalho, 2000, Ministrio da Public Administrao

Emprego e Segurana Social, Angola, Edio do Trabalho Legislao Portuguese Language

Countries, 2006-04, Carlos Antunes and Carlos Perdigao, Angola, p. 655-775. It

consists of fourteen chapters divided into sections and subsections. Define the scope of the law and

exclusions, establishes the right to work and prohibits forced or compulsory. It covers, among

other things, the constitution of the juridical and labor, the employment contract, the special

procedures of the employment contract, the contract of apprenticeship and vocational training

contract, the contents of the juridical and labor, the powers , rights and duties of the parties, labor

discipline, changes in legal and labor relations, change of employer, transfer to different functions

or new jobs, delivery conditions, occupational safety and health work, occupational medicine,

duration and temporal organization of work, night work, working hours, the suspension in the

provision of work, holidays, leave without pay joys, suspension and termination of the legal and

labor, social and cultural promotion of workers and ensuring the rights arising from the juridical

and labor.

2001: http://www.dol.gov/ILAB/media/reports/iclp/tda2001/angola.htm Child age registration

program initiated to prevent worst of child labor, index number increases .05

2003: Law no. 7/03 on national holidays. Establishes the national holidays of the Republic of

Angola and governs the suspension of work activity, overtime on holidays and illegal clauses are

void of individual employment contracts that establish holidays other than those specified in this

law. Repeals the laws nos. 16/96, of 27 September 1996 and 1/01 of March 23, 2001. Date of entry

into force: 2003-03-21

ARGENTINA

1929: Law 11.544, Art 1: Max hours: 8 per day, 48 per week with exception of agriculture and

domestic servants

1953: Ley 14250 of October 1953

1957: Constitution

1967: Law 35041

1974: Law 20 744

http://www.dol.gov/ILAB/media/reports/iclp/tda2001/angola.htm

6

1976: Regimen de Contrato de Trabajo SL Art 201 Overtime pay premium 50%, 100% if on

weekends and holidays

1980: Law of Labor Contracts Modified August 1, 1980. Contracts are of permanent type unless

otherwise specified in exceptional circumstances. But fixed term contracts could freely be chosen

according to Article 93, 96, 97, 100 e.g., in works of art that take some time to carry out but only

once. Allows for apprentice contracts of between 3 months and 24 months for youths 14-25 years

of age. Art 109-110 Allows firms to make agreement with workers to share of sales or profits. Art

150 : 28 days for up to and including 20 year, 35 days after that. Art 155 Vacation pay at regular

wage. Art 245 Indemnity for dismissal w/o cause for worker with 3 years experience is 3 months

1988: Decree 108/88 modifies 1953 law with respect to union contracts, power and asset

monopolies

1991: National Employment Act Law 24013 which put cap on severance pay. Article 17 says that

in case of doubt about term of contract it will be considered a permanent one .

1994: El Derecho Laboral del Mercosur Law No. 16.459

1994: Constitution and Resolucion 1144 of 1994 by Min. of Labor approves short term contracts

1995: Law 24465 provides for contract labor apprentice work in order to promote employment .

This widening was specifically for unemployed youth 15-28 years of age,

1996: Occupational safety insurance increased,

1998: Law 25013 lowered severance pay but also restricted the fixed term contracts and shortened

the probationary period on regular contracts. Allowed for apprentice contracts 3months -12

months Art 1. Art 7 resets indemnity for dismissal after 3 years of service down to 1month pay

2000: Law 25, 250 Permanent or indefinite contracts allowed to have 3 months trial period and in

small enterprises this could be 6 months and contract can be modified up to 12th

month. Wage

subsidies offered for older unemployed workers. Resolution No 303 /2000 Extends the exceptions

to the rules concerning permanent contracts. Decreto 484 sets rules on maximum hours of

overtime in month and year. New labor code passed that was considerably more flexible

(lengthened probationary periods,ended automatic renewal of contracts.)

2001: Crackdown on informal labor?? Imposed in December 2001 to safeguard the banking

system forced some of the informal sector into the official economy by making it illegal and very

difficult to pay workers in cash. These new measures resulted in layoffs for tens of thousands of

workers in the informal sector, whose employers could no longer obtain cash to pay them.this

increases the amount of social security benefits companies/workers must pay

2002: Decreto 264 regulates procedures for dismissals without justification Art 16 of Law 24.561

7

2004: Ley 25877 Deals with termination of Provisional contracts. Art 245: indemnity for

dismissal without cause is 3 months wages for someone with 3 years of service.

http://www.dol.gov/ILAB/media/reports/flt/argentina-2002.htm

ARMENIA

1972: Labor Code of Armenian SSR of June 16, 1972

1991: Law of the Republic of Armenia On Employment of the Population Dec 27, 1991

1996: Law of Dec 3, 1996

1997: Resolution of Govt. of Armenia May 8, 1997 N 130 concerning mass dismissals

2000: New labor code passed that was considerably more flexible (lengthened probationary

periods,ended automatic renewal of contracts New Labor Code 2005 of October 24 2005:

minimum annual paid leave is now 24 days (compared to 15 days under old law)1

2006: Amendment: provides that a labour contract cannot be cancelled while a woman is pregnant

or during maternity leave unless medical consent is obtained

Additional references:

http://www.state.gov/e/eeb/ifd/c9787.htm (compare 2005 and 2006 reports)

http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=ARM&p_classificati

on=01.02&p_origin=SUBJECT

Hayk Hovhannisyan, Armenian Arbitration Reforms - EUROLAWYER. The Magazine of the

European Young Bar Association, December 2001, issue 14 (in English).

Muravyev 2010

AUSTRALIA

1981: Industrial Relations Act 1981

1991: Occupational Health and Safety Act 1991 (No. 30 of 1991)

The Act attempts to secure the health, safety and welfare at work of employees of the

Commonwealth (Part II); to protect persons at or near workplaces from risks to health and safety

(Part III); and to ensure that expert advice is available on occupational health and safety matters

(Part IV).

1993: Industrial Relations and Other Legislation Amendment Act 1993 (No. 109, 1993)

Amends the Industrial Relations Act 1981 by inserting a new Division 1A relating to Industrial

Registry and Industrial Registrar. Amends the Maternity Leave (Commonwealth Employees) Act

of 1973 in respect to persons employed in Parliamentary Departments and maternity leave of

http://www.dol.gov/ILAB/media/reports/flt/argentina-2002.htmhttp://www.state.gov/e/eeb/ifd/c9787.htmhttp://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=ARM&p_classification=01.02&p_origin=SUBJECThttp://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=ARM&p_classification=01.02&p_origin=SUBJECT

8

officers of the Public Service. Amends the Occupational Health and Safety (Commonwealth

Employment) Act of 1991 in respect to notification and reporting of accidents and dangerous

occurences. Amendments to the Remuneration Tribunal include establishment of Remuneration

Tribunal, functions of Tribunal and inquiries and reports by Tribunal. Amends the Sex

Discrimination Act 1984 by inserting new sections 50C and 50D relating to referral of

discriminatory determinations to the Remuneration Tribunal and the President's power to review

decision of the Commissioner not to refer a determination to the Remuneration Tribunal.

1996: Workplace Relations Act Part I: Preliminary; Part II: Australian Industrial Relations

Commission; Part III: The Court; Part IVA: Australian Industrial Registry; Part IVB: Employment

Advocate; Part V: Inspectors; Part VIA: Minimum Entitlements of Employees; Part VIB: Certified

Agreements; Part VIC: Paid Rates Award; Part VID: Australian Workplace Agreements; Part VIE:

No-Disadvantage Test. Part VII: Co-operation with the States; Part VIII: Compliance; Part VIIIA:

Payments in Relation to Periods of Industrial Action; Part IX: Registered Organisations; Part X:

Cancellation of Registration; Part XA: Freedom of Association; Part XI: Offences; Part XII:

Financial Assistance and Costs; Part XIII: Miscellaneous; Part XIV: Industrial Relations Court of

Australia; Part XV: Matters referred by Victoria.

2002: Workplace Relations Legislation Amendment Act 2002 (No. 127, 2002)

Makes miscellaneous amendments to Safety, Rehabilitation and Compensation Act 1988,

Seafarers Rehabilitation and Compensation Act 1992, Seafarers Rehabilitation and Compensation

Levy Collection Act 1992, as well as a number of other acts relating to National Labour

Consultative Council.

2005: Workplace Relations Amendment (Work Choices) Act (No. 153, 2005) Amends the

Workplace Relations Act 1996. Creates a national workplace relations system, including the

establishment of the Australian Fair Pay Commission (AFPC) which will set and adjust minimum

and award classification wages, minimum conditions of employment; direct bargaining between

employers and employees; the role of the Australian Industrial Relations Commission, particularly

in relation to regulation of industrial action; a simplified system of awards; transmission of

business rules; protection of key award conditions in bargaining processes; dispute settlement

procedures; extension of the compliance regime and transitional arrangements.

2010: New labor code passed that was considerably more flexible (lengthened probationary

periods, ended automatic renewal of contracts. Amends the Fair Work Act 2009 to give effect to

state government referrals of certain workplace relations matters to the Commonwealth (where

those referrals occur between 1 July 2009 and 1 January 2010). Allows state governments to retain

workplace relations powers in relation to state public sector employees and local government

employees if they choose to do so.

AUSTRIA

1967: A Federal Act to amend the Public Holidays (Cessation of Work) Act (Text No. 264)

Amends section 1 (list of holidays)

9

1969: Federal Act on arrangement of hours of work (Text 23) Daily working hours are eight and

weekly hours are forty, from the beginning to the end of each week without counting rest periods. Exceptions from this basic regulation can be allowed under the circumstances set out under

sections 4 and 5 of this Act. For example: In case of necessary emergency service and staggered

hours of work. Working time can also be prolonged when there is a higher demand on work, but

this prolongation is limited to the extent that every employee must work not more than five hours

overtime a week and sixty hours during a year.

1971: A Federal Act to amend the Hours of Work Act (Text No. 238). Amends sections 9, 10

(overtime at time-and-a-half) and 29. Amends: The Workers Annual Leave Act (1957), The

Home Work Act (1960), The Domestic Servants and Salaried Household Staff Act (1962), The

Salaried Employees Act (1921), The Doorkeepers and Hall Porters Act (1970), The Chauffeurs

Act (1928)

1972: Contract Employees (Amendment) Act (No. 19) (Text No. 62) Amends the Contractual

Public Employees Act of 1948 (Text 75)

1974: A Federal Act to amend the Hours of Work Act. Amends sections 3, 9, 10 of the Hours of

Work Act (Text No. 461) (1969) 1975: Federal Act respecting the coverage of part-time workers by the Salaried Employees Act

and the Estate Employees Act (Text No. 418)

1976: Federal Act to standardize the legislation concerning holidays and the introduction of paid

leave to look after persons in need of car (Text No. 52b). Gives each employee the right to take

paid holidays. The amount of time corresponds to the number of years the employee has worked

for an employer. Sets out employees right to take extra paid leave in the event that the employee

must look after persons in need of care living with him or her in the same household, or if the

employee must care for children due to the absence of a regular caretaker. This right is limited up

to a period of one week (subsection 16(1)), but may be extended under conditions enumerated in

subsection 16(2)

1979: Federal act to establish workers claims to severance pay (Text No. 80) Provides for severance pay in the event that an employment contract is terminated by the

employer. This claim is not renounceable under any collective agreement. The Act applies to all

civil law employment contracts.

1982: Insolvency Law (Amendment) Act (Text No. 370). Amends the law relating to insolvency

Numerous amendments to the Settlements Code and the Bankruptcy Code (both of 1914)

Provisions as to contracts of employment.

1983: Federal Act on weekly rest, rest periods, and statutory holidays (Text 25). Employees must

have a weekly rest period of thirty-six hours without interruption. During that time an employee

may only be working under the circumstances provided under section 2, subsection 2 and sections

10 to 18 of this Act, where it is stipulated that only the absolutely indispensable number of

employees to maintain the operation of a business can be obligated to work by their employer,

10

with exceptions made for certain special work. The same principles also are valid for public

holidays.

1984: Ordinance of the Ministry for Social Administration regarding exceptions from the Act on

weekly rest periods and public holidays (Text 26). Enumerates branches in which special kinds of

work is allowed even during rest periods provided for in legislation Federal Act on weekly rest,

rest periods, and statutory holidays (1983) (Text 25)

1987: Federal Act amending the 1948 Act on persons serving under contracts of employment

(Text No. 238). The amendments set forth new rates for wages and other payments. Refers to

conditions of Austrian citizenship and minimum age in relation to the application of certain

sections. The Construction Workers Leave Act (1972) The title is changed to The Construction

Workers Leave and Termination Act Introduces a new Division III entitled Conditions of

Termination This governs rights to severance pay in various cases The amount of severance pay

ranges from two months wages for a worker who has completed 156 weeks of employment to

twelve months wages for a worker having worked over 1200 weeks Amends sections dealing with

administration of the Leave and Severance Pay Fund and its financing It makes miscellaneous

conforming amendments. The Workers Termination Act (1979) A new subsection is added to

section 2 in regard to calculating continuous service. The Insolvency (Wage Guarantee) Act (1977)

Amended to provide, inter alia, that employers are to pay a supplement

When the supplement has been paid, no claim to severance pay can be made in case of insolvency

Federal Act amending the Working Hours Act as amended by BGBI 144/1983 (Text No. 647) Amends section 4 (5) to provide that workers in sales and commerce may, over a 4 -week period,

work 44 hours in a particular week, as long as the normal working hours for the 4-week period (as

defined in s. 3) or a collective agreement are not exceeded A collective agreement may provide for

an extension of the period beyond 4 weeks

Ordinance of the Federal Ministry of Labour and Social Affairs amending the Ordinance on work

certificates for entitlement to unemployment compensation (Text No. 4). Concerns the calculation

of annual leave days as days worked in cases of a disagreement over entitlement to such leave or

insolvency of the employer

1988: Order of the Federal Ministry of Labour and Social Affairs amending the Order issued

under the Act on rest periods and weekly rest [BGBl. No. 144/1983]. Text No. 89. Federal Act

amending the Contracts of Employment Act 1948 and the Federal Forestry Regulations (1986).

Provides for employees release from work to pursue training (30 working days annually). Governs calculation of time worked. Sets forth wage and allowance rates.

1989: Federal Act (Text No. 344) adds the following activities to the exceptions permissible under

the Order concerning rest on weekends and holidays: Transport of perishable goods

Handling of certain radioactive medical products for a short time. Certain activities related to

taking bets for the lottery and ensuring the verification of data in relation thereto.

1990: Federal Act amending the Weekly Rest Act Amends sections 7 (5) and (17) Concerns

weekly rest for shift workers Makes provisions for the employment of workers during weekends

and holiday and trade fairs. Amends The Parental Leave Act The Maternity Protection Act 1979

11

The Agricultural Labour Act 1984 The Employees Act The Agricultural Employees Act The Holidays Act The Unemployment Insurance Act 1977 The Labour and Social Courts Act The

Collective Labour Relations Act, The General Social Insurance Act The Unpaid Leave

Allowances Act The Civil Service Act 1979 The Salaries Act 1956 The Pension Act 1965 The

Contract Public Employees Act 1948 The Labour Market Promotion Act The Federal Act (BGBl

No. 300/1990) amending the Continuation of Wage Payment Act

1993: Ordinance of the Federal Minister for Labour and Social Questions Amending the

Ordinance on Rest Periods Ordinance amending section III figure 18 of the Schedule to the

Ordinance on rest periods regarding exceptions for weekend and public holiday rest

Federal Act amending the Land Workers Act of 1984 Amends the provisions concerning part time

work and temporary employment, especially with regard to maternity protections

Federal Act amending the Work Market Promotion Act, the Work Constitution Act, the Act on

Employment of Foreigners, the Unemployment Insurance Act 1977, the Special Support Act, the

General Social Security Act, the Holidays Act, the Employees Act, the Estate Employees Act, the

House Employees Act, the Land Work Act, the General Civil Act, the Actors Act and the

Residence Act Its changes are to insure employment and make dismissals more difficult

1994: Federal Act to amend the Acts regarding wages, conditions of employment and retirements

(Text No. 665), Ordinance of the Ministry of Labour and Social Affairs amending the Regulation

concerning rest periods (Text No. 815) Concerns exceptions with respect to the law regarding the

working week, Ordinance of the Ministry of Labour and Social Affairs amending the Act

regarding rest periods (Text No. 851) Amendment with respect to both weekly rest and statutory

holidays pursuant to section 12 of the Act concerning labour rest periods, Ordinance amending the

Ordinance regarding rest periods (Text No. 942) Concerns exceptions with respect to the Act

concerning weekly rest and public holidays

1995: Ordinance of the Ministry of Justice concerning minimum income levels (Text No. 101) Sets forth the minimum wage level for employees whose wages are deducted in order to pay off

debts Calculations are based on the employees average wage and net income

1997: Act amending the Act regarding rest from work (Text No. 5) Amends the Act regarding rest

from work. Allows work on Saturdays after 13 hours, provided that the employee has the

following Saturday free This does not apply to certain types of retail work, and collective

agreements may deviate from these provisions

Amendment of the Hours of Work Act and the Act on weekly rest periods and statutory holidays

(No. 46) Amends provisions regarding the arrangement of working time Allows normal working

time to be shortened or lengthened to permit more flexible free time In shift work, the normal

working time can be extended up to 12 hours, as long as an average of 40 hours a week is

maintained. Section 5 provides that works agreements or enterprises not subject to a collective

agreement may extend normal working time to 60 hours a week int eh case of on call workers

Provides for overtime pay, maximum hours of work, rest periods for truck drivers, and the use of

working time credit systems, whereby workers can save up extra hours of work

12

Act amending Labour and Social Law (No. 139) Provide more flexibility in working time and

conditions. Promote continued education through paid and unpaid leave Allow for the temporary

replacement of workers on educational leave through part-time or older workers Provides for a

possible substitution of unemployment benefit with continued education benefit and solidarity

benefits for persons whose hours of work are reduced or who are employed at a nominal level 2002: Federal Act amending the Act to conform regulations concerning employment contracts Amends act to conform regulations concerning labour contracts (AVRAG) Prohibits

discrimination of employees with fixed-term contract vis-a-vis those with a contract of unspecified

duration Obliges the employer to inform employees of fixed term contracts about job openings

with contract of unspecified duration Makes provision for duty of seller or buyer of a company to

inform employees of that company about certain aspects of the transfer Amended Text: Federal

Act to conform regulations concerning employment contracts and to amend the Acts regarding

employees and domestic servants to EU law (1993)

2006: Federal Act to amend the Federal Act concerning the employment contract of employees Amends the Competition Clause (36) concerning the termination of employment Enforced by

March 17, 200 Amended Text: Federal Act concerning employment contracts (1921)

AZERBAIJAN

1971: Labor Code of Azerbaijan SSR of Dec 10

1991: Lawof the Republic of Azerbaijan June 27, 1991 On Employment of the Population

1996: Law N25-1G of Feb 13, 1996 On the Resolution of Individual Labor Disputes

1996: Law of May 21, 1996 On Individual Labor Contracts

1999: Labor Code of the Republic of Azerbaijan of Feb 1, 1999

2001: Law of July 2 2001 On Employment

2009: Law N 771-IIIGD of Feb 24, 2009 amending the Labor Code

See Muravyev 2010

BAHRAIN

1976: Basic Law Law No 23 No limits on length or renewal of fixed term contracts. Hours

flexibility quite high 8 hour day 48 hour week. Overtime 12 hours per week maximum. 25%

premium for overtime, 50% for night work. Longest day Paid vacation 20 days after 20 years, not

especially generous 45 days of maternity leave, employer vcan terminate worker for redundancy

13

reasons though employee can request Ministry to reach settlement with employer on his behalf. If

not settled can be referred to court. There are no rules limiting employers right to choose

replacement of laid off worker. 30 day notice period. Severance pay costs minimal (Angel-

Urdinols et al 2010).

1993: Legislative Decree No 14 of 1993.This law tightened regulations of costs of repatriating

workers and made it mandatory to have a permit to hire non-Bahraini workers +.03

2001: The Government of Bahrain ratified ILO Convention 182 on March 23, 2001 eliminating

worst forms of child labor.

2006: Law 19 establishing Labor Market Regulatory Authority. Imposes costs on employers for

repatriation of foreign workers. Aside from this no changes since 1976 labor code. Bahrain

offers incentives to firms for having 30% of Bahrainis 1000 BD per year to mid-size private

manufacturing firms (Fasano and Goyal (2004) Appendix I)

BANGLADESH

1929: The Trade Disputes Act of 1929 Developed the labour court system. Provided for the

investigation/settlement of trade disputes and other relevant matters. Difficulties that arose with

the legislation were remedied by the Defense of India Rules (1939), which expired in 1947 1942: The Weekly Holidays Act of 1942 One Paid Holiday is allowed for those employed in any

shop, restaurant, or theatre.The government has the authority to grant an additional half-day paid

holiday in a week

1946: The Industrial Employment (Standing Orders) Act of 1946 Required employers of industrial

establishments, employing 100+ workers to define their terms of employment 1947: The Industrial Disputes Act of 1947. Enacted when the Defense of India Rules expired.

Provided for the creation of industrial tribunals by the appropriate government in British India.

Established a full tribunal for dispute resolution for the first time in the nations history 1960: Industrial and Commercial Employment (Standing Orders) Ordinance of 1960. This law

was replaced by the Employment of Labour (Standing Orders) Act of 1965. Defines the

misconduct of workers, an employers right to lay off, dismiss, discharge, retrench, or terminate

workers. Grievance procedures against employer action was provided for as well

1961: The Minimum Wages Ordinance of 1961 Created the Minimum Wages Board for the

fixation of minimum wages when there is no system of collective bargaining in place. The board

can declare minimum wages of workers for specific industries, but it cannot declare a national

minimum wage. Most of the time, wages are fixed through collective agreements

1965: Employment of Labor Act of 1965. Act 8. The Industrial Relations Ordinance of 1969

(including the Industrial Relations Rules of 1977). Provides for the formation of trade unions and

14

the regulation of relations between employers and workers. When this ordinance was enacted,

there were three distinct laws regulating employer-employee relations: East Pakistan Trade Union

Act of 1965 provided for the formation/function of trade unions, East Pakistan Labour Disputes

Act of 1965 provided for the investigation and settlement of labour disputes, East Pakistan

Employment of Labour (Standing Orders) Act of 1965 provided for the regulation of conditions of

service of those workers employed in shops, commercial, and industrial establishments. Note, the

East Pakistan Trade Union Act and the East Pakistan Labour Disputes Act were repealed by the

Industrial Relations Ordinance of 1969 Public interest is involved in industrial dispute settlement,

so resolution through labour courts is important. The labour courts are responsible for the

maintenance of industrial peace.This is done through the settlement of issues on labour

management problems. The courts are widely-supported by employers and workers alike. The

Employment of Labour (Standing Orders) Act of 1965 provided a grievance procedure for the

redress of individual worker grievances. These grievances were pertinent to a workers

employment or conditions of work or infringement of policies. Addresses cases of illegal

dismissal, discharge, layoff, retrenchment/termination of service by victimization for trade union

activities, infringement of rights covered under the act. The court had the power to provide remedy

to workers for any employer wrongdoing.

BELARUS

1972: Labor Code of Byelorussian SSR June 23, 1972

1991: Law of the Republic of Belarus of May 30, 1991 On Employment of the Population

1992: Law N1962-XII of Nov 24, 1992 and December 15 amending the labor code

1999: Labor Code of the Republic of Belarus July 26, 1999. Decree of President N 29 of July 26,

1999

2006: Law N 125-Z if June 16, 2006 On Employment of the Population

BENIN

1967: Ordinance No. 33 PR/MFPTT of 28 September 1967 promulgating the Labour Code

1974: Ordinance No. 74-23 of March 14, 1974 mandating the periodic declaration of the state of

labor and employment. Ordinance No. 74-38 of 9 May 1974 amending Order No. 33 PR/MFPT of

28 September 1967 promulgating the Labour Code. Decree No. 74-129 of 9 May 1974 laying

down areas of wages, minimum wages and guaranteed inter-professional minimum values for

reimbursement of the daily ration of food and housing

1990: Act No. 90-004 of 15 May 1990 governing the declaration of the workforce, hiring and

termination of labor contracts. Establishes a letter of introduction for job seekers Benin and work

15

permits for foreigners. Submits the execution of a dismissal to the employer by sending a notice to

the labor administration, except in cases of collective dismissal. Allows private employment

agencies. Act No. 90-019 of 27 July 1990 laying down the legal holidays in the Republic of Benin. Repeals Act No. 88-003 of 3 August 1988

1991: Decree No. 91-1 of 4 January 1991 laying down detailed rules of Law No. 90-004 of 15

May 1990 governing the declaration of the workforce, hiring and termination of labor contracts. Specifies the procedures for opening and operation of employment agencies and contains

provisions relating to correspondence with the labour administration for the dismissal of a worker

1997: Order No. 052/MFPTRA/DC/DT/SRT of 3 June 1997 pay rise prioritized private sector and

semi-public governed by the Labor Code.Act No. 97-031 of 20 August 1997 on the establishment

of an annual festival of traditional religions.

1998: Act No. 98-004 of 27 January 1998 establishing the Labour Code Generally gives more

importance to: Learning and the protection of apprentices (Articles 1, 64 et seq.) The employment

of disabled persons (Articles 31 et seq) Planned hiring of migrant workers (Articles 10, 26-30) Work of women and children is the subject of the special protection measures (Sections 153, 166-

173)

1998: Order No. 035/MFPTRA/DC/SGM/DT/SRT of 24 July 1998 laying down detailed rules for

the implementation of weekly rest. Decree No. 98-368 of 4 September 1998 fixing hours of

equivalence in companies governed by the Labour Code.

2000: Order No. 76 MFPTRA/DC/SGM/DT/SRT of 19 July 2000 implementing Article 35 of

Labour Code on the suspension of the employment contract due to economic and financial

difficulties. Order No. 133/MFPTRA/DC/SGM/DT/SRT of 2 November 2000 Minimum Wage

prioritized upgrading the private sector and parastatal governed by the Labor Code

2003: Decree No. 2003-201 of 10 June 2003 on raising the minimum wage (SMIG)

2004: Order No. 029/MFPTRA/DC/SGM/DGT/DNT/SRT of 21 January 2004 laying down rules

on recovery of working hours. The hours of recovery are those intended to fill the time lost as a

result of exceptional circumstances during a workweek in which working time has fallen below the

legal limit. The fulfillment of these hours is decided by the employer after consultation with

workers and opinion of the inspector. Order No. 469/MFPTRA/DC/SGM/DGT/DNT/SRT 31

December 2004 laying down provisions for part-time work Order No.

468/MFPTRA/DC/SGM/DGT/DNT/SRT 31 December 2004 on detailed rules of organization and

functioning of social services businesses Provides that any business leader with at least 100

employees must enlist the aid of a social service for the benefits of his employees. This service is

responsible for facilitating the personal lives of workers

2005: General Collective Labour Agreement of 30 December 2005 applicable to enterprises in the

private and parastatal. Includes provisions on: The formation and execution of the contract,

Termination of the employment relationship (suspension, breach of contract, dismissal, etc.) on

staff representatives, working hours and holidays

16

2006: Order No. 136/MFPTRA/DC/SGM/DGT/DNT/SRT 3 April 2006 laying down the

conditions for displaying quality hack and contact the contractor to the workplace.

BOLIVIA

1939: Ley General del Trabajo de 1939

1943: Decreto 23 August 1943

1942: Basic Law is that of 1939 codified in 1942 regulating work day, overtime , vacation time

etc. as captured in Botero et al for 1997. Art 48 48 hour per week 8/day but could be adjusted

to be longer for reasons of machinery etc. But averaged over 3 weeks, it cannot exceed this.

canno7 hours at nighttwo hourse break per day 100% premium on wages for Sundays and holidays

Vacation 1 week for 20 years.

Fixed term contracts up to one year of duration, renewable once but possibly more if the employer

makes the case before an administrative authority Art 21) Art. 13 declares trial period in contracts

to be 3 months. Apprentice contracts allowed but have maximum duration of two years. Art 55:

Overtime wage 100% above normal. Art 44 Over 20 year of work for same employer, the worker

is entitled to one month paid holiday. Art 45 During vacation worker is paid regular pay. Art 46

work max 8 hours per day 48 hours per week but with special equipment involved it can be

extended tempoararily but must not exceed these amounts on average over 3 week period. Art 61

Maternity leave at 50% pay for total of 60 days and right to job retained. Art 57 Firms which had

obtained profits at the end of the year were obliged to distribute a bonus to salaried employees of

at least 30 days of salary and to workers of at least 15 days of salary. Art 13, 16 Without Just

Cause for someone with 3 years experience 3months salary. With just cause no payment needed.

Bolivia does not require approvals or notification on dismissals.

1962: Ministerial Resolution 283/62 of June 13 1962 Regular contract of indeterminate duration is

the standard

1972: Ministerial Resolution 193/72 Any fixed term contract that is renewed once becomes a

permanent contract

1990: tightens regulations on use of apprentices but allows women to work at night, frees

employers of mandatory transportation provision, puts ceiling on year- end bonuses that must be

paid by employers, allows employers to employ intermediaries for workers distant to main facility

1992: tightens use of apprentices. Ceilings put on year- end bonuses

1993: Decree 23570 July 26, 1993

1994 : Constitution

2003: Law 2450 of 2003 tightens regulations on workers working in homes

17

BOSNIA AND HERZOGOVINA

1992: Regulations No. 1353/92 of 11 November 1992 on labour relations in time of war or in the event of imminent threat of war. Provides for labour relations in all types of activities (enterprises,

funds, banks, organizations, public or private). Establishes rights of soldiers who worked before

mobilization, conditions of job mobility and of temporary termination of employment. Fixes cases

in which an absent worker does not receive his salary and provides that no year holiday is granted

in the event of war.

Regulations No. 02-215/92 of 10 October 1992 on labour obligation (Text No. 461). Provides for

organization of realization of labour obligation in 3 circumstances: war, imminent threat of war

and state of emergency. Establishes tasks to be fulfilled for the armed forces and defines the Units

of obligatory labour.

1993: Labour Relations Act of 1993.

1999: Labour Code of 27 October 1999 (Text No. 271)

Deals, inter alia, with conclusion of labour contract, hours of work, wages, termination of labour contract, exercise of rights and obligations related to labour relations, conclusion of collective

agreements, and settlement of collective labour disputes

2000: Labour Code of the District of Brcko of 2 November 2000 (Text No. 175) Labour Relations

Act of 1993, as amended to June 2000. Act of 15 August 2000 to amend and supplement the

Labour Code (Text No. 265). Contains numerous amendments concerning, inter alia, non-

discrimination, collective agreements, minimum age (15), labour contracts and their interruption,

hours of work, special working conditions for women, maternity leave, and termination of labour

relations. Available in English.

Employment Act (No. 01-626/00). Regulates employment, unemployment insurance, financing of functioning of employment office, rights of the unemployed as well as some related matters. Part I

contains basic provisions. Part II and III provide for activities of employment office. Part IV deals

with unemployment insurance. Part V provides for rights of unemployed.

2002: Act of 25 July 2002 to amend and supplement the Labour Law of the Republika Srpska

(Text No. 630). Contains numerous amendments relating, inter alia, to trade union registration,

apprenticeship, temporary employment, complementary employment, maternity leave, labour

inspection, and old-age benefits.

2003: Act of 14 April 2003 to amend and supplement the Labour Code of the District of Brcko.

Amends Sections 19-21 on labour contracts for apprentices

2004: Act of 8 September 2004 to amend and supplement the Labour Code of the District of

Brcko. Amends Sections 6, 39, 43, 45, 48, 56, 110, 114 and 115, inter alia, on trade unions,

occupational safety and family benefits

18

2005: Act of 31 October 2005 to amend and supplement the Labour Code of the District of Brcko.

Amends Sections 12, 98, 110-111, inter alia, on labour contracts and penal sanctions

2006: Act of 14 June 2006 to amend and supplement the Employment Act (Text No. 1076) Amends several provisions relating, inter alia, to unemployed persons and employment seekers

2008: Law of 17 July 2008 on Voluntary Work. Defines basic terms related to voluntary work, conditions, principles, rights and duties of volunteer and organizer of voluntary work, conditions

of contract-making etc.

BOTSWANA

1975: Regulation of Industrial Workers

1982: Employment Act. The Employment Act as amended lays down minimum conditions of

employment for employees, whether citizen or expatriate, employed in the private and parasternal

sectors. An expatriate employee should be in possession of a valid work permit. Working hours:

Every employee shall be granted by the employer in every period of 7 consecutive days a rest

period comprising at least 24 consecutive hours, which period shall ordinarily be or include a

Sunday. Except as hereinafter provided, an employee shall not be required under his contract of

employment to work more than an ordinary working period of 8 hours in any one day or more than

48 hours in any one week. An employee shall not be required or permitted to work overtime for

more than 14 hours in any one week. There is no restriction on night work except for children and

young employees. The premium for working on public holidays is double of regular wage. Every

employer shall grant to every employee employed by him leave with basic pay at the rate of not

less than 1.25 days per month, making 15 working days' leave in respect of any period of 12

months. Redundancy Dismissal: Where an employer terminates contracts of employment for the

purpose of reducing the size of his work force, he shall do so in respect of each category of

employee, wherever reasonably practicable, in accordance with the principle commonly known as

first-in-last-out. The employer shall forthwith give written notice of that intention to the

Commissioner and to every employee to be or likely to be directly affected by the reduction.

Where contracts of employment have been terminated for the purpose of reducing the size of a

work force, the employer shall, if he again seeks employees in the occupations to which those

contracts related, give priority of engagement, to such extent as is reasonably practicable, to those

persons whose contracts of employment were so terminated. Termination of Contract: where an

employee whose wages are payable in respect of any period exceeding a day has been in

continuous employment for 10 or more years, the minimum length of notice shall be 6 weeks.

1992: Employment (Amendment) Act 1992. No. 26 Amended in respect of the definition of

"casual employee", "serious misconduct", the granting of severance benefits, work during rest

periods, overtime, annual paid holidays, sick leave, and maternity leave. The calculation of

severance pay: The severance pay is calculated at the rate of one day's basic pay for each month

worked during the first 60 months of continuous employment and two day's basic pay for each

additional month of continuous employment. This benefit is not due to employees who will

receive a gratuity or a pension at the end of their contract of employment. Quoted from

19

http://www.elaw.co.za/african%20legislation/Botswana/labour_issues.pdf The calculation of

severance pay after 20 years of employment: (5*12*1+15*12*2)/5=84

1998: Worker's Compensation Act No. 23 of 1998 The Worker's Compensation Act No. 23 of

1998 requires an employer to pay compensation to any employee who is incapacitated through a

work-related injury or occupational disease. Employers are also required to take up an insurance

policy to cover liability under the Act.Quoted from ILO database:

http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---

ilo_aids/documents/legaldocument/wcms_125673.pdf

2003: Trade Unions and Employers Organizations Act, 2003 2003 Act 14 increases the protection

of workers when firm becomes insolvent. The threshold of 30 workers to form a union was

eliminated in order to accommodate employees in small enterprises. Labour Laws and Community

Based Organizations in Botswana

General summary of Botswana labor regulations:

http://www.elaw.co.za/african%20legislation/Botswana/labour_issues.pdf

BRAZIL

1943: Consolidation of Brazilian Labor Laws (CLT) The rights and duties of employers and

employees in Brazil are set out in the so-called CLT, which is the main statute regulating labor

rights in Brazil, issued in 1943. Labor rights are also regulated by collective bargaining and

collective agreements. However, certain classes of employees, such as civil servants and

employees of autarquias (autonomous government entities), are excluded from the scope of the

Consolidated Labor Laws, as they are subject to special regulations. Quoted from LEX Universal,

http://www.lexuniversal.com/en/articles/908 As explained by many authors on Brazilian Labor

Laws, the early 1940s were a period of rather massive rural-urban migration, where at the time

even urban jobs were largely unregulated, with many examples of serious abuses of labor being

reported. For that reason President Getulio Vargas introduced a new Constitution in 1943 with

Articles 6-11 directed to the rights of workers, one of them stipulating that all workers when

dismissed had a right to severance pay funded by employers. On May 1 of the same year was

published a large volume with a detailed set of labor regulations: Law 5452 Consolidation of

Labor Laws

Overview of Labor and Employment Law in Latin America:

http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article

=1047&context=lawfirms&sei-

redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Db

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0QFjAB%26url%3Dhttp%253A%252F%252Fdigitalcommons

.ilr.cornell.edu%252Fcgi%252Fviewconte

nt.cgi%253Farticle%253D1047%2526context%253Dlawfirms%26ei%3DShgsUPqtKYL3igK-

24GgBg%26usg%3DAFQjCNGYJBEdPSKV4c5m2kEPQIKDm_P-

jw#search=%22brazilian%20labor%20law%20overview%22

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20

Among these were Article 232 setting overtime pay at 25% above the regular average, setting the

maximum of regular labor hours at 48, art. 375 prohibiting women from working overtime without

having special medical and labor permits. Article 444 specified a mandatory notice period of 30

days for dismissal of any worker. Details about severance pay were mandated, including full salary

for the notice period, untaken vacation pay, 13th

month salary, all bonuses, overtime not yet paid

from an unemployment compensation fund (FGTS) financed by the employer. If the dismissal was

initiated by the employer, a 40% penalty was imposed on the employer.

1943: DECREE-LAW No. 5452, FROM 1 MAY 1943 http://www.planalto.gov.br/ccivil_03/decreto-lei/Del5452compilado.htm

1967: DECREE-LAW NO 127 OF 31 JANUARY 1967.

http://www.planalto.gov.br/ccivil_03/decreto-lei/1965-1988/Del0127.htm#art12

1985: Articles 451 and 453. Any repeat of a short term contract becomes a permanent one, but

does allow for trial contracts and short term contracts for temporary activities (Article 443). Also

allows for apprentice contracts for youth aged 12 to 18. During first half of apprenticeship, wage

cannot be less than half the minimum wage and during the last half at least 2/3 of that. Art 58

Stipulates maximum of eight Hours per day, 48 per week. Art 59: Overtime pay must be at least

20% above the regular pay. Art 73 night time premium must be at least 20%. Trial periods have

maximum of 90 days (Art 445). Art 130 After 5 years paid vacation is 30 days, though discounted

for absences. Art 129 say that pay would be at regular rate. Art 457, 621 Allows firms to make

agreement with workers to share of sales or profits. Art 478: Indemnity for dismissal without cause

is 3 months for someone with 3 years of service for people on fixed term contracts it is half salary

for time remaining on contract.

1988: The New Constitution of 1988 increased minimum overtime pay from 1.2 to 1.5 times the

normal wage and paid vacations by 33% of the normal wage, maternity leave by 33% and reduced

maximum hours worked in a week from 48 to 44. The following are changes about individual

rights in the Federal Constitution of 1988: The maximum working time was reduced from 48

hours to 44 hours a week; For continuous shift, the maximum daily journey was reduced from 8 to

6 hours; Minimum extra-time remuneration went from 20% to 50% of the wage for a normal hour

work; One month a year paid vacations with a bonus of at least one third of the value of the wage;

Previous notification of dismissal proportional to seniority in the enterprise, to be regulated by a

future law; Increase in fine of non-justified dismissal from 10% to 40% of the FGTS;

Unemployment-benefit as defined in the law. The first law was voted in 1986, and revised in 1989.

The unemployment benefit applies to a worker who has been employed for at least 6 months

before he or she was fired, and has contributed to the social security system for 15 months in the

last 24 months. The worker will receive benefits for 4 months for every 16 months of

unemployment. Unemployed worker who received less than three minimum wages will get 50% of

the wages they received when they were employed, or 1.5 minimum wages otherwise. Profit -

sharing as defined in the law. The law establishing profit sharing has not been voted yet.

See Camargo and Amadeos paper - Labour Legislation and Institutional Aspects of the Brazilian

Labour Market. Full text available at http://www.econ.puc-rio.br/pdf/td252.pdf

http://www.planalto.gov.br/ccivil_03/decreto-lei/Del5452compilado.htmhttp://www.planalto.gov.br/ccivil_03/decreto-lei/1965-1988/Del0127.htm#art12http://www.econ.puc-rio.br/pdf/td252.pdf

21

Note that despite the 16.4% increase in the costs of dismissing workers in the October 1988

Constitution and labor law estimated by Heckman and Pages (2004) which included a four-fold

increase in the cost of compensating a workers dismissed without justification, Paes de Barros and

Henrique Corseuil (2004) found no evidence of any effect on labor demand

1990: Law 7998 Regulates unemployment insurance and institutes a fund for protection of labor

1993: Law 8638 consolidates labor laws

1996: Law 9601 deals with fixed term contracts. This allows fixed term contracts when they are

agreed to in collective agreements

2000: Law 9957 and Provisory Measure 152 modify the CLT (Codification of the Laws of Work)

about short term contracts, firing conditions and recognition of professional qualifications

2001: Law 10243 redefines tenure time (of worker in a firm) and wage.

2001: Law 20244 makes more flexible provisions for extra time (hours)

2012: Labor Law No. 12 619 OF 30 APRIL 2012.

http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2012/Lei/L12619.htm

BULGARIA

1992: Labor Code: recognizes the right to strike when other means of conflict resolution have

been exhausted, but "political strikes" are forbidden. Workers in essential services (primarily the

military and the police) also are subject to a blanket prohibition against striking, although such

workers on occasion held an "effective strike" in which they stop or slow their activities for 1 or 2

hours.

2004: Provides that the following additional information shall be specified in an employment

contract: place of work; title and character of the work position; date of signing and day of the

beginning of the contract's implementation; duration of the contract; duration of annual leave;

advanced notification required for termination by either party; main and additional wages and

terms for their payment; the duration of the working day or working week. Also provides for rules

protecting employees' rights in cases of mergers or change of enterprise owner. In such cases

workers' representatives shall keep their functions up to one year. Provides for new requirements

on mass dismissals. Employers intending to dismiss large numbers of workers are obliged to start

consultations with workers' representatives no later than 45 days prior to the planned dismissal and

to make efforts to meet an agreement or restrict its consequences. When starting a job, an

employee is entitled to an annual paid leave after eight months of work (previously six months).

2006: During the year the government approved and implemented an increase in the national

minimum wage to approximately $94 (150 leva) per month

2007: During the year the government approved and implemented an increase in the national

minimum wage to approximately $134 (180 leva) per month. 2

http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2012/Lei/L12619.htm

22

Additional references:

1. http://www.state.gov/g/drl/rls/hrrpt/2006/78805.htm

2. http://www.state.gov/g/drl/rls/hrrpt/2007/100552.htm

3. http://www.state.gov/g/drl/rls/hrrpt/2000/eur/705.htm

4.NATLEX

http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=BGR&p_classificatio

n=01.02&p_origin=COUNTRY&p_sortby=SORTBY_COUNTRY

BURKINA FASO

1994: Labor Contract legislation amended to be written more explicitly than its 1976 counterpart.

Stated that some contracts be handled by the state (foreign workers) and others by firms (domestic

workers); required contracts to be in writing. Again, these specific changes to labor contracts have

no effect on the botero number because it is only a restatement of previous laws

2004: Law 33 of 14 September The right to strike is recognized. However the 2004 Labour Code

contains a very restrictive definition of the right to strike, stating in article 351 that any stoppage of

work that does not correspond to an occupational claim is illegal (bans solidarity strikes and

political strikes.) http://ageconsearch.umn.edu/bitstream/22079/1/sp03la08.pdf

http://sitereAdditional references.worldbank.org/SOCIALPROTECTION/ReAdditional

references/SP-Discussion-papers/Labor-Market-DP/0607.pdf

BURUNDI

1993: New Labor Code 1993, Labor Code 1993 - maternity leave; medical care granted to the

worker and to his family as well as an daily allowance of disease; of a right to housing and welfare

benefits in the event of suspension of the contract in certain circumstances as well as obligation,

for the employer, of transport of the sick workers towards the medical formation nearest.

2005: New constitution 2005

http://www.weforum.org/pdf/gcr/africa/burundi.pdf

CAMBODIA

1997: Law 10 January 1997

2002: Circular on Labor Disputes 5 July

http://www.state.gov/g/drl/rls/hrrpt/2006/78805.htmhttp://www.state.gov/g/drl/rls/hrrpt/2007/100552.htmhttp://www.state.gov/g/drl/rls/hrrpt/2000/eur/705.htmhttp://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=BGR&p_classification=01.02&p_origin=COUNTRY&p_sortby=SORTBY_COUNTRYhttp://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=BGR&p_classification=01.02&p_origin=COUNTRY&p_sortby=SORTBY_COUNTRYhttp://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Labor-Market-DP/0607.pdfhttp://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Labor-Market-DP/0607.pdfhttp://www.weforum.org/pdf/gcr/africa/burundi.pdf

23

CAMEROON

1967: Act No. 67-LF-six of 12 June 1967 promulgating the Labour

1968: Order No. 9 of 17 June 1968 laying down the hours during which the work is considered

night work. Between 22 and 6 o'clock. Order No. 007/MTLS/DEGRE of 17 June 1968 on rules

for communication, filing and display the rules of procedure under Article 34 of the Labour Code.

Order No. 15 of 18 June 1968 on rules for recovery of holidays defined by Act No. 67-LF-24 of 12

June 1967 laying down the rules of statutory holidays in Cameroon.

Repeals Order No. 12 of 28 February 1961 laying down the procedures for recovering holidays in

eastern Cameroon. Order No. 14 of 18 June 1968 laying down detailed rules of Law No. 67-LF-24

of 12 June 1967 laying down the rules of statutory holidays in Cameroon.

July 10, 1968: Decree No. 68-DF-254 of 10 July 1968 laying down detailed rules for

implementing the system of paid leave. Repeals Order No. 7302 of 5 November 1956 laying down

detailed rules of application of Act No. 56-332 of 27 March 1956 on the scheme of paid leave in

eastern Cameroon. Decree No. 68-DF-249 of 10 July 1968 laying down detailed rules for working

hours and determining the exemptions in companies subject to the legal regime of forty hours

weekly. Repeals, in eastern Cameroon, Order No. 139-CTP July 31, 1953 laying down detailed

rules for the hours worked and Order No. 140-CTP, 31 July 1953 on the regulation and overtime

pay additional.

1969: Decree No. 69-DF-15 of 17 January 1969 establishing a Joint Commission national

collective agreements and wages.

1971: Decree No. 71-DF-153, April 2, 1971 amending and supplementing the provisions of

Decree No. 69-DF-15 of 17 January 1969 establishing a Joint Commission National collective

agreements and wages. Amends sections 3 (role of the commission) and 6 (implementation of the

decisions).

1972: Ordinance No. 72-15 of 16 September 1972 laying down the rules on statutory holidays. Repeals Act No. 67-LF-24 of 12 June 1967 for the same purposes, as amended by Law No. 67-LF-

27 of 3 November 1967

1973: Law No. 73-5 of 7 December 1973 laying down the rules of statutory holidays in the United

Republic of Cameroon

1974: Law No. 74-14 of 27 November 1974 establishing the Labour Code.

1976: Order No. 10 of 19 April 1976 determining the conditions and duration of notice. Repeals Order No. 8-MTLS of June 17, 1968 for the same purpose. Order No. 9/MTPS/DT of 19

April 1976 establishing the maximum duration and terms of probationary employment.

Repeals Order No. 6-MTLS 17 June 1968 laying down form and manner of probationary employment. Decree No. 76-176 of 3 May 1976 laying down the forms and procedures for

establishing and approving employment contracts as provided in Article 31 of the Labour Code

[LS 1974-Cam. 1]. Seeks "any employment contract stipulating a fixed period exceeding three

months or requiring the installation of a worker out of his habitual residence or nationality

24

employed on a foreign nationality". Repeals Decree No. 68-DF-251 of 10 July 1968 on the

establishment and visa labor contracts. Law No. 76-8 of 8 July 1976 amending certain provisions

of Law No. 73-5 of 7 December 1973 laying down the rules of statutory holidays in the United

Republic of Cameroon. Changes, in particular, Articles 3-5.

1993: Decree No. 93/577 of 15 July 1993 laying down the conditions of employment of temporary workers, casual or seasonal. A temporary job may not last more than three months, a casual, more

than a fortnight; seasonal employment may not exceed six months per year.

Dockworkers are excluded from the scope of this decree.

1992: Law No. 92/007 of 14 August 1992, Labor Code.

1993: 021/MTPS/SG/CJ Decree of 26 May 1993 laying down the procedures for dismissal for

economic reasons. Employee representatives are always available. A worker dismissed for

economic benefits from priority hiring. Order No. 017/MTPS/SG/CJ of 26 May 1993 establishing

the maximum duration and conditions of probationary employment. Order No. 016/MTPS/SG/CJ

of 26 May 1993 laying down the procedures for allocating and calculating severance pay. Order

No. 015/MTPS/SG/CJ of 26 May 1993 determining the conditions and duration of notice. Among

other things, the notice of the employee who exercises any responsibility, is accompanied by a

change of service. Decree No. 93/575 of 15 July 1993 laying down the procedures for establishing

and approving certain contracts of work. Refers to any employment contract of a fixed period

exceeding three months or requiring the installation of a worker out of his habitual residence. This

also applies to employment contracts of workers of foreign nationality.

1995: Decree No. 95/677 of 18 December 1995 concerning exceptions to the statutory working

hours. Apply to all institutions, including agricultural and related businesses. Are also regulated

compensatory rest and overtime

CANADA

1972: Canada Labour Standards Regulations (SOR/72-7: Order in Council P.C. 1972-6) (C.R.C.,

c. 986). Regulations respecting hours of work, wages, annual vacations, general holidays,

maternity leave, group and individual termination of employment and severance pay in federal

works, undertakings and businesses

1978: SOR/78-560: Order in Council P.C. 1978-2118: Amendment to the Canada Labour

Standards Regulations

1982: SOR/82-747:P.C. 1982-2302: Canada Labour Standards Regulations, Amendment.

Replaces s. 30 (lay-off) Labour Adjustment Benefits Act. Chapter 89. An Act to provide for the

payment of benefits to laid-off employees and to amend the Canada Labour Code [cf. LS 1965-

Can. 1, 1971-Can 3.].

1985: Canada Labour Code (R.S.C. 1985, c L-2) This Act makes provisions in respect of basic

freedoms, Canada Labour Relations Board, acquisition and termination of bargaining rights,

25

collective bargaining and collective agreements, conciliation and first agreements, prohibitions and

enforcement, promotion of industrial peace, occupational safety and health, standard hours, wages,

vacations and holidays.

1987: Act to amend the Canada Labour Code. Chatper 51. Amends the Canada Labour Code (LS

1965 - Can. 1A... 1972 - Can. 1) in regard to social security contributions made by employers and

employees (subs. 59.52(2) and (3)).

1988: Act to amend the Canada Labour Code. Chapter 33. The amendments provide for the

establishment of a Coal Mining Safety Commission and set forth a coal mining employer's duties

in relation to safety. The employer must permit inspections and tests on machinery or equipment.

No machinery or equipment in respect of which no prescribed safety standards are applicable may

be used without approval. Personal searches of a certain proportion of employees, and of all non-

employees, entering a mine are required periodically for the purpose of preventing alcohol,

smoking materials and drugs from entering the mine. Safety and health committees are to submit

an annual report of their activities. With these provisions, new ss. 82.3, 94.1 and 94.2 are added to

the Labour Code, and its ss. 92(11), 105 and 106 are amended.

1991: An Act to Amend the Canada Labour Code, 1991, Chapter 39 This Act amends the Canada

Labour Code in respect of geographic certifications (such certifications grant a trade union the

right to represent and bargain on behalf of members with a specific employer or employers within

a particular geographical area).

1993: Act to amend the Canada Labour Code and the Public Service Staff Relations Act. Chapter

42. Numerous amendments of the Canada Labour Code regarding matters including votes on

employer's last offer during a strike, and definitions of "collective agreement", "qualified medical

practitioner", "standard hours of work" and "regional director". Sets out procedures for

modification of work schedules by employers, and circumstances where maximum hours of work

under the Code may be exceeded by ministerial permit. Allows substitution of any other holiday

for a general holiday if approved by 70 per cent of the affected employees. Amends extensively

provisions regarding maternity-related reassignment, maternity leave and parental leave, and

work-related illnesses and injuries. Amends the Public Service Labour Relations Act to provide

that during a strike a Minister may order a vote by employees on acceptance of the last offer made

by the employer during collective bargaining.

1996: Act to amend the Canada Labour Code (nuclear undertakings) and to make a related

amendment to another Act (Chapter 12) Adds new sections to the Canada Labour Code permitting

Provincial Governments to promulgate laws concerning employment and collective bargaining in

connection with work regulated by the Atomic Energy Control Act. Also amends the Non-

smokers' Health Act to allow for local legislation concerning the use of tobacco during activities

mentioned above. Act to amend the Canada Labour Code (minimum wage) (Chapter 32)

Amends provisions of the Canada Labour Code relating to payment of minimum wage. Employers

shall pay minimum wage which shall be fixed by the legislature of the province. Also amends

provisions concerning employment of persons under the age of 17.

1998: Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions

Returns Act and to make consequential amendments to other Acts (Chapter 26)

26

Implements reforms to the industrial relations provisions of Part I of the Canada Labour Code to

provide for a new framework for collective bargaining. Creates a representational board, the

Canada Industrial Relations Board, with powers to administer the collective bargaining regime;

requires parties involved in a work stoppage to continue necessary services to protect public health

and safety; requires the maintenance of services affecting grain shipments in the event of legal

work stoppages by any third parties in ports; makes the undermining of a trade union's

representational capacity during a strike or lockout an unfair labour practice; and improves access

to collective bargaining for off-site workers.

1999: Regulations Amending and Repealing Certain Instruments made under the Canada Labour

Code (Miscellaneous Program) (SOR/99-337) Repels the Minimum Hourly Wage Order 1996

2000: Act to amend the Canada Labour Code (Part II) in respect of occupational health and safety,

to make technical amendments to the Canada Labour Code (Part I), and to make consequential

amendments to other Acts (C-12) Implements reforms to the occupational health and safety

provisions of Part II of the Canada Labour Code. Key components include creation of an internal

resolution process to assist parties in the work place in resolving problems in a more independent

and timely manner; enhancement of the powers of the work place health and safety committee to

allow them to identify and resolve problems as they arise, without requiring previous government

intervention; creation of corporate policy health and safety committees for employers with more

than three hundred employees; requirement for employers to establish and maintain a prevention

program specific to occupational health and safety; enhancement of the powers of federal

enforcement officers to improve their efficiency and effectiveness; streamlining of the appeal

process for the review of directions and decisions of federal enforcement officers; and updating of

fines and terminology to reflect current practices in other Canadian jurisdictions.

CENTRAL AFRICAN REPUBLIC

1961: Act No. 61-221 of 2 June 1961 establishing the Labour Code.

1973: Decree No. 73/462 of 1 December 1973 amending Decree No. 64/336 of 13 November

1964 on the mandatory reporting of movements of labor and on placement

1974: Ordinance No. 74-024 of 15 March 1974 supplementing Law No. 64-55 of December 2,

1964, amending Act No. 62-315 of 21 May 1962 [LS 1962 - RCA 1] laying down the legal

holidays in the CAR. Complete the list of holidays by the addition of 22 February (Anniversary of

General Bokassa].

1982: Order No. 10/MFPTSS of 30 October 1982 laying down the conditions and periods of

notice in the absence of collective labor agreements

1983: Order No. 8/MFPTSS of 3 November 1983 regulating temporary work in the CAR. The commitment is in writing and shall not exceed six months.

27

1990: Order No. 6/MFTSSFP of 26 May 1990 laying down the conditions for granting and the rate

of advance payments and salary advances and determining their terms of repayment.

1991: Order No. 004/MFPTSSFP/CAB/DGTEFP/DERE/SER of 24 September 1991 determining

the general conditions of work and establishing classifications and base salaries of workers in the

absence of collective agreements. Repeals Orders No. 007 of February 27, 1979 and No. 10 of

September 27, 1982.

2009: Act No. 09-004 of 29 January 2009 promulgating the Labour Code of the Central African Republic.

CHAD

1966: Act No. 7/66 of 24 March 1966 on the Labour and Social Welfare. 1996

1967: Decree No. 33/PR-MTJS-DTPS of 31 January 1967 determining the conditions and duration of notice. Repeals Order No. 39 of January 19, 1954, as amended by Order No. 349 of 13 June

1955. Decree No. 108/PR-MTJS-DTPS of 18 May 1967 determining the manner of calculation

and allocation of severance pay and compensation for services rendered. Both allowances are not

cumulative. The compensation for services rendered, calculated as severance pay, is paid by the

employer for workers whose physical incapacity determination was medically certified (except in

an industrial accident or occupational disease). Decree No. 248/PR-MTJS of 25 October 1967 on

the employer's register and the register of foreign labor. Provides particulars to be contained in

these two registers. General Order No. repeals 3018/IGT-LS. Decree No. 299/PR-MTJS-DTMOPS

of 13 December 1967 establishing the list and Public Holidays.

1968: Decree No. 12/PR-MTJS-DTMOPS of 22 January 1968 fixing the modalities and forms of

employment contracts and probationary employment. Specifies the procedure for preparing the

contract, its form, its content. Provides that the test is not presumed and must be expressly

provided for in the employment contract and its duration. Repeals Order No. 4096 of 26 December

1953.

1969: Decree No. 34/PR-MTJS-DTMOPS of 29 January 1969 laying down the procedure for

declaring hiring and quit working. Provides that all hiring must be reported to the national office

of labor within 48 hours and specifies the content of this statement. General Order No. repeals

3019/IGT-LS of September 29, 1953. Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969

laying down detailed rules for the implementation of weekly rest. Provides that the weekly rest is

at least 24 consecutive hours and takes place in principle on Sunday. Fixed exceptions to

principles of Sunday rest and weekly rest. Contains special provisions for domestic workers and