Nicaragua

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Nicaragua’s overall score is 78.5 out of 100. The overall score for Nicaragua is greater than the regional average observed across Latin America and The Caribbean (73). Within Latin America and The Caribbean, the highest score is observed in Brazil (85.5).

Nicaragua ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1967 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1967.

Question

Answer

Score

Legal Basis

More Info

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

Yes

1

§87 of the Constitution, 1987; §203-213 of the Labour Code, 1996

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

Yes

1

§88 of the Constitution, 1987; §235-242 of the Labour Code, 1996

Does the law provide for the right to strike?

No

0

§83 of the Constitution, 1987; §244, 249 & 389-390 of the Labour Code 1996; CEACR C87 Obs. 2021

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§83 of the Constitution, 1987; §246 of the Labour Code 1996

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §87 of the Constitution, 1987; §203-213 of the Labour Code, 1996

Information

Source: §88 of the Constitution, 1987; §235-242 of the Labour Code, 1996

Information

Source: §83 of the Constitution, 1987; §244, 249 & 389-390 of the Labour Code 1996; CEACR C87 Obs. 2021

A : National Law

National Labour Legislation

"Art. 244.- A strike is a collective suspension of work, agreed upon, executed and maintained by the majority of workers involved in a labor dispute. To exercise the right to strike, the following requirements must be met: a) The purpose must be to improve or defend their rights, working conditions, adequate treatment in labor relations, negotiation, everything related to the collective labor agreement and, in general, their economic and social interests from their employer; b) The conciliation procedures must be exhausted before the Ministry of Labor; c) It must be agreed upon in a general assembly of workers, executed and maintained peacefully by the majority of workers, inside or outside the company or establishment if the strike is declared in a company with several establishments; the majority will be that of all the workers in the company; and if it is declared in one or some of the establishments, the majority will be that of all the workers in the establishment(s) involved. d) Support a lawful strike in the same industry or activity, which has as its object any of the objectives listed in the previous paragraphs. Any strike that does not meet the above requirements, as well as the takeover of companies, is illegal and must be declared as such by the General Labor Inspectorate. "

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3 of the Convention. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. The Committee recalls that for over a decade it has been referring to the need to take measure to amend sections 389 and 390 of the Labour Code, which provide that collective disputes shall be referred to compulsory arbitration once 30 days have elapsed since the calling of the strike. The Committee notes in this respect that the Government reiterates that, as a sovereign nation, it does not see the need to amend the wording of sections 389 and 390 of the Labour Code, as those provisions do not restrict trade union activities as, to reach such an extreme situation, the parties will have had to hold 23 negotiating sessions. The Committee is once again bound to remind the Government that the imposition of compulsory arbitration to end a strike, beyond the cases in which a strike may be limited or even prohibited, is contrary to the right of workers’ organizations to organize their activities and to formulate their programmes in full freedom"

Information

Source: §83 of the Constitution, 1987; §246 of the Labour Code 1996