Yemen

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.

Yemen’s overall score is 57 out of 100. The overall score for Yemen is lower than the regional average observed across Middle East and North Africa (64). Within the Middle East and North Africa region, the highest score is observed for Morocco (77).

Yemen ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1976 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1969.

Question

Answer

Score

Legal Basis

More Info

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

No

0

§20 of Law on the Organization of Workers' Trade Unions 2002; §151-152 of the Labour Code 1995; ITUC Global Rights Index 2024 (Yemen Profile)

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

Yes

1

§32-34 of the Labour Code, 1995; USDOS CRHRP 2023 (Yemen)

Does the law provide for the right to strike?

No

0

§40-42, Law on the Organization of Workers' Trade Unions 2002; §128-130, 144-145, Labour Code, 1995; ITUC Global Rights Index 2024 (Yemen profile)

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

Yes

1

§148 & 155 of the Labour Code, 1995; §42-43 of Law on the Organization of Workers' Trade Unions 2002

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: §20 of Law on the Organization of Workers' Trade Unions 2002; §151-152 of the Labour Code 1995; ITUC Global Rights Index 2024 (Yemen Profile)

A : National Law

National Labour Legislation

"Law No. (35) of 2002 On the organization of trade unions Article (20) A- The general unions shall form among themselves a general federation called the General Federation of Yemeni Workers’ Unions, which shall enjoy a legal personality and independent financial status. B- The headquarters of the General Union shall be in the capital, Sana’a. C- The General Union may establish branches in the governorates of the Republic. The regulations and bylaws shall determine how the Union’s branches are formed, the scope of their jurisdictions, and the aspects of their activities. Article (21) The General Federation shall lead the trade union movement and formulate its policies that achieve its ambitions and goals internally and externally in accordance with the provisions of this law, its regulations and the basic system. Article (22) The basic system shall determine the tasks and competencies of trade union organizations"

Information

Source: §32-34 of the Labour Code, 1995; USDOS CRHRP 2023 (Yemen)

Information

Source: §40-42, Law on the Organization of Workers' Trade Unions 2002; §128-130, 144-145, Labour Code, 1995; ITUC Global Rights Index 2024 (Yemen profile)

A : National Law

National Labour Legislation

"Law on the Organization of Workers' Trade Unions 2002 Art 40 A- Peaceful strike is one of the legitimate means for workers and their trade union organizations to defend their rights and legal interests if the dispute arising cannot be resolved through collective bargaining. B- In the event that negotiations do not reach a solution to the dispute between the trade union and the employer, the trade union may organize a partial or general strike in coordination with the higher trade union organization in accordance with the provisions of this law. Article (41) A strike shall not be announced or practiced except after all means of negotiation with the employer have been utilized, and this right shall be exercised in accordance with the following procedures: 1- Notifying the employer at least ten days before the strike begins. 2- The right to strike shall be exercised properly and gradually after the following has been met: A- Raising red flags as a notice of the intention to resort to a strike for a period of no less than three consecutive days. B- Partial cessation of work in the facility and installments for a period of not less than three days. C- Complete cessation of work after the expiry of the period mentioned in paragraphs (A) and (B) Labour code Article (128): Labor disputes mean the disputes that arise between employers and workers regarding disputes resulting from the application of the provisions of this law, its regulations, and all other labor legislation, and individual and collective employment contracts. Article (129): 1- The two disputing parties or their representatives shall hold a joint session to settle the dispute amicably through negotiation within a maximum period of one month and record this in minutes signed by the two parties that shall be confidential. 2 - If an amicable settlement between the two disputing parties is not possible, the subject of the dispute shall be referred to the Ministry or its competent office, which shall summon the parties to the dispute for the purpose of resolving the dispute within a period not exceeding two weeks from the date of referral. Article (130): When mediation does not result in final solutions to the subject of the dispute, either party has the right to refer it to the competent arbitration committee within a maximum period of two weeks from the date of the mediation failure report"

C : ITUC

ITUC Global Rights Index (country legal profile)

"At the request of either party, the dispute may be submitted to compulsory arbitration, in which case the strike may be suspended for 85 days. Permission to strike must be obtained from the General Federation of Worker's Trade Unions of Yemen. _____________________________ Three weeks’ notice must be given. _____________________________ Strikes are banned in some sectors, such as ports, airlines and hospitals."

Information

Source: §148 & 155 of the Labour Code, 1995; §42-43 of Law on the Organization of Workers' Trade Unions 2002

A : National Law

National Labour Legislation

"Art 155: 3 - Whoever causes a call for a strike or practices it without observing the terms and conditions stipulated in this law, or practices acts of threat or violence with the aim of obstructing work, shall be punished with a fine of not less than five thousand riyals and not more than fifteen thousand riyals"