Liberia

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.

Liberia’s overall score is 61 out of 100. The overall score for Liberia is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Liberia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1962 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1962.

Question

Answer

Score

Legal Basis

More Info

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

No

0

§17, Constitution 1986; §34-36 Decent Work Act 2015; CEACR, C87, Obs 2023; ITUC Global Rights Index 2024 (Liberia Profile); USDOS CRHRP 2023 (Liberia)

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

No

0

§1.4, 4.2 & 37, Decent Work Act 2015; USDOS CRHRP 2023 (Liberia); CEACR, C98, Obs 2023

Does the law provide for the right to strike?

No

0

§41, Decent Work Act 2015; USDOS CRHRP 2023 (Liberia)

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

Yes

1

§41.3, Decent Work Act 2015

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: §17, Constitution 1986; §34-36 Decent Work Act 2015; CEACR, C87, Obs 2023; ITUC Global Rights Index 2024 (Liberia Profile); USDOS CRHRP 2023 (Liberia)

B : CEACR

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

"Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023) The Committee notes the discussion that took place in the Conference Committee in June 2023 concerning the application of the Convention. The Conference Committee, noting the long-standing nature and the prior discussion of the case, most recently in 2022, expressed its regret that the Government had not implemented its previous recommendations and requested it to take urgent steps, in full consultation with the social partners, to bring its law and practice into line with the Convention and in particular to: (i) ensure that all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties, including the right to freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and physical integrity; (ii) ensure that trade union leaders and members are not jailed for engaging in trade union activities and that threats against trade union leaders for their trade union activities are fully investigated and the perpetrators duly punished; (iii) put in place measures, including effective and sufficiently dissuasive sanctions, to ensure that trade unions can only be dissolved following due process and by a judicial authority only as a last resort; (iv) register the National Health Workers’ Union of Liberia (NAHWUL) as a trade union organization without further delay and provide additional information to the Committee of Experts on any pending allegations; (v) review the Decent Work Act and any other related legislation to ensure that all workers are able to exercise the right to form or join a trade union of their choice and in particular, ensure that public sector workers and civil servants enjoy the rights and guarantees set out in the Convention; (vi) ensure that the rights enshrined in the Convention are afforded to maritime workers, including trainees, and that any laws or regulations adopted or envisaged cover this category of workers; and (vii) ensure that foreign workers are entitled to form and join unions of their own choosing in line with the Convention. Scope of application. The Committee previously requested the Government to grant full recognition to NAHWUL through the harmonization of the Decent Work Act 2015 and the Civil Servant Standing orders. In this respect, it requested the Government to provide specific information on developments regarding the creation of a framework for the harmonization of the Decent Work Act and the Civil Service Standing orders for the enjoyment by public sector workers of the rights enshrined in the Convention. The Committee notes the Government’s indication that there was a sequence of meetings scheduled with legislators, beginning 31 August 2023, to facilitate the creation of exemptions through amendments of the Decent Work Act that would grant both NAHWUL and the National Teachers Association in Liberia recognition. The Committee notes the ITUC’s allegation that there has been no progress with the harmonization of the law to ensure the right of civil servants and public servants to form or join a trade union."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Workers in state-owned enterprises and public administration cannot form trade unions. "

D : USDOS

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

"The law provided workers, except public servants and employees of state-owned enterprises, the right to freely form or join independent unions, bargain collectively, and conduct legal strikes or engage in “go-slow” (a protest by workers in which they deliberately worked slowly). The law prohibited antiunion discrimination and allowed unions to conduct their activities without interference by employers, parties, or government. The law provided that employers and workers could establish and join organizations of their own choosing, without prior authorization, and subject only to the rules of the organization concerned. The law provided that labor organizations and associations had the right to draw up their constitutions and rules on electing their representatives, organizing their activities, and formulating their programs. There was no minimum number of workers needed, and foreigner and migrant members were not prohibited, although a long approval process or denial on arbitrary grounds could be hurdles to registration. Public-sector employees and employees of state-owned enterprises were prohibited under law from unionizing and bargaining collectively, but they could join associations and process grievances through the Civil Service Agency grievance board. "

Information

Source: §1.4, 4.2 & 37, Decent Work Act 2015; USDOS CRHRP 2023 (Liberia); CEACR, C98, Obs 2023

B : CEACR

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

"Article 4. Promotion of collective bargaining. The Committee had noted that, under the Act, trade unions that represent the majority of the employees in an appropriate bargaining unit are able to seek recognition as exclusive bargaining agents for that bargaining unit (section 37.1(a)), and that if the trade union no longer represents this majority, it must acquire a majority within three months, otherwise, the employer shall withdraw recognition from this trade union (section 37.1(k)). The Committee recalled that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, it considers that, if no union reaches the required majority to be designated as a bargaining unit, minority unions should be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. The Committee therefore requested the Government to indicate whether, if no union represents this majority the minority unions in the same unit enjoy collective bargaining rights, at least on behalf of their members. In the absence of information from the Government in this respect, the Committee reiterates its request. "

D : USDOS

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

"According to the International Labor Organization, authorities required unions to represent a majority of workers in an enterprise in order to engage in collective bargaining. The legislation does not provide collective bargaining rights for minority unions. Section 37(1)(a) of the Decent Work Act 2015 provides only that unions representing a majority of employees in an appropriate bargaining unit may apply for recognition as exclusive bargaining agents for that bargaining unit. It also states that a union that no longer represents a majority of employees in the bargaining unit must acquire a majority within three months; if it does not do so, the employer will withdraw recognition of that union (section 37(1)(k)). "

Information

Source: §41, Decent Work Act 2015; USDOS CRHRP 2023 (Liberia)

D : USDOS

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

"The law provided workers, except public servants and employees of state-owned enterprises, the right to freely form or join independent unions, bargain collectively, and conduct legal strikes or engage in “go-slow” (a protest by workers in which they deliberately worked slowly). The law prohibited antiunion discrimination and allowed unions to conduct their activities without interference by employers, parties, or government. The law provided that employers and workers could establish and join organizations of their own choosing, without prior authorization, and subject only to the rules of the organization concerned. The law provided that labor organizations and associations had the right to draw up their constitutions and rules on electing their representatives, organizing their activities, and formulating their programs. There was no minimum number of workers needed, and foreigner and migrant members were not prohibited, although a long approval process or denial on arbitrary grounds could be hurdles to registration. Public-sector employees and employees of state-owned enterprises were prohibited under law from unionizing and bargaining collectively, but they could join associations and process grievances through the Civil Service Agency grievance board. "

Information

Source: §41.3, Decent Work Act 2015

A : National Law

National Labour Legislation

"Art 41.3; ............b)Despite the provisions of any contract of employment or collective agreement, an employer shall not i)require an employee who is not participating in a strike that is in compliance with this Chapter or whom the employer has not locked-out to do the work of a striking or locked-out employee, unless the work is necessary to prevent any danger to the life, personal safety or health of any individual; or ii)hire any individual, for the purpose, in whole or in part, of performing the work of a striking or locked-out employee. c) An employee is entitled to resume employment within three days of the date i) that the strike or lockout ended; or ii) that the employee became aware or could reasonably have become aware of the end of the strike or lockout unless the employee has been dismissed for a valid reason. d) An employer may not institute civil legal proceedings against a person who participates in a strike or a lockout in compliance with this Chapter, unless those proceedings concern an act that constitutes defamation or a criminal offence, or unless the proceedings arise from an employee being dismissed for a valid reason. "