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TITLE: COTE D'IVOIRE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 6 Worker Rights
a. The Right of Association
Workers have the legal right to form unions. For almost 30
years, the government-sponsored labor confederation, the
General Union of Workers of Cote d'Ivoire (UGTCI), dominated
most union activity. The UGTCI's hold on the labor movement
loosened in 1991 when several formerly UGTCI-affiliated unions
broke away and became independent. In 1992, 11 formerly
independent unions joined together to form the Federation of
Autonomous Trade Unions of Cote d'Ivoire (FESCACI). Unions are
freely allowed to join these and other groups and international
bodies. Registration of a new union requires 3 months under
Ivorian law.
The right to strike is provided by the Constitution and by
statute. The Labor Code requires a protracted series of
negotiations and a 6-day notification period before a strike
may take place, effectively making legal strikes difficult to
organize. The UGTCI seldom calls strikes. Non-UGTCI unions
frequently called strikes in the past.
b. The Right to Organize and Bargain Collectively
The Labor Code grants all Ivorians the right to join unions and
to bargain collectively. Collective bargaining agreements are
in effect in many major business enterprises and sectors of the
civil service. In most cases in which wages are not
established in direct negotiations between unions and
employers, salaries are set by job categories by the Ministry
of Employment and Civil Service. Labor inspectors have the
responsibility to enforce a law which prohibits antiunion
discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
There were no reports of forced labor, which is prohibited by
law. However, the ILO's Committee of Experts in its 1993
annual report questioned a decree that places certain
categories of prisoners at the disposal of private enterprises
for work assignments without their apparent consent.
d. Minimum Age for Employment of Children
In most instances, the legal minimum working age is 16, and the
Ministry of Employment and Civil Service enforces this
provision effectively in the civil service and in large
multinational companies. Ivorian labor law limits the hours of
young workers, defined as those under 18, compared to the
regular work force. However, children often work on family
farms, and some children routinely act as vendors in the
informal sector in cities. There are reliable reports of some
use of child labor in informal sector mining and also of
children working in "sweatshop" conditions in small workshops.
Many children leave the formal school system at an early age;
primary education is mandatory but far from universally
enforced, particularly in rural areas.
e. Acceptable Conditions of Work
The Government administratively determines monthly minimum wage
rates, which were last adjusted following devaluation of the
CFA franc in January 1994. A slightly higher minimum wage rate
applies for construction workers. The Government enforces the
minimum wage rates only for salaried workers employed by the
Government or registered with the Social Security office.
Minimum wages vary according to occupation, with the lowest set
at approximately $70 (CFA francs 36,307) per month, which is
insufficient to provide a decent standard of living for a
worker and family. The majority of Ivorians work in
agriculture or in the informal sector where the minimum wage
does not apply.
Through the Ministry of Employment and the Civil Service, the
Government enforces a comprehensive Labor Code governing the
terms and conditions of service for wage earners and salaried
workers and providing for occupational safety and health
standards. Those employed in the formal sector are reasonably
protected against unjust compensation, excessive hours, and
arbitrary discharge from employment. The standard legal
workweek is 40 hours. The law requires overtime payment on a
graduated scale for additional hours. The Ivorian Labor Code
provides for at least one 24-hour rest period per week.
Government labor inspectors can order employers to improve
substandard conditions, and a labor court can levy fines if the
employer fails to comply. In the large informal sector of the
economy, however, involving both urban and rural workers, the
Government's occupational health and safety regulations are
enforced erratically at best. Ivorian workers in the formal
sector have the right, under the Labor Code, to remove
themselves from dangerous work without jeopardy to continued
employment by utilizing the Ministry of Labor inspection system
to document dangerous working conditions. However, workers in
the informal sector cannot ordinarily remove themselves from
such labor without losing their employment.