Forced Labour

Prohibition on Forced and Compulsory Labour

What is the relevant legislation on forced and compulsory labour?

There is a complete prohibition of forced labour and slavery under the Constitution.

Forced labour is defined as “labour or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint”.

What type of forced labour is prohibited?

Both direct and indirect types of forced labour are prohibited by Decent Work Act except in specific cases such as compulsory military service, normal civic duties, court-ordered labour supervised by public authorities, emergency situations, and minor communal services performed by community members, subject to community consultation.

Does the law provide for certain sanctions against forced labour?

(imprisonment, fine, or both)

Forced labour is deemed exploitation in Liberia. Persons involved in the crime of trafficking are imprisoned for at least one year. If the subsequent exploitation disseminated from it (that includes forced labour) causes unintentional life-threatening illness or intentional drug addiction, five years of further incarceration will be added by a competent court.

Both the constitution and the labour law of Liberia ensure emancipation from forced labour.

Does the law (constitution, labour code, special law or penal code) prohibit forced labour?

Forced labour is prohibited by both the Constitution and the Decent Work Act of Liberia.

Sources: §12 of the Constitution of the Republic of Liberia 1986; §2.2 of the Decent Work Act 2015 of the Republic of Liberia; §1 and 7 of an Act to Ban Trafficking in Persons within the Republic of Liberia 2005

Freedom to Change Jobs and Right to Quit

What is the relevant legislation on the freedom to change jobs and the right to quit?

The Decent Work Act provides both parties with the right to terminate an employment contract after serving a notice period of 4 weeks.

Does the Constitution provide for the right to choose an occupation/profession?

According to the Liberian Constitution, all citizens have the right to equal employment opportunities without discrimination.

Does the law allow workers to change jobs without pressure (can a worker terminate the contract after serving reasonable notice, not longer than what is required for the employer)?

According to the Decent Work Act, 2015, both parties, the employer and the employee, are subject to the same minimum notice requirements:

• The appropriate period of notice to be given by the party wishing to terminate the contract shall not be less than the minimum period of notice provided for, which is 4 weeks after 12 months of service.
• The party wishing to terminate the contract must provide notice, and one party intending to leave a job must serve notice to the other party within a reasonable time.

Therefore, workers are legally permitted to resign by providing notice equivalent to that required of the employer.

For further information, please refer to the topic on Employment Security.

Sources: §8 of the Constitution of Liberia, 1986; §14 of the Decent Work Act 2015 of the Republic of Liberia

Inhumane Working Conditions

What is the legal provision on working hours?

(relevant legislation)

The Liberian constitution ascertains that there should be humane conditions for employees in their workplaces. While the Decent Work Act 2015 provides the specific regulation of working hours.

What is the maximum number of working hours per week (including overtime and normal working hours)?

The general working hours shall be 8 hours in any one day or 48 hours in any one week; an employer shall not cause or require an employee to work longer than the ordinary hours of work. Employers may require employees to work up to 5 hours of overtime per week, in addition to the ordinary 48 hours. In this case, the maximum working hours, inclusive of overtime, are 53 hours per week.

If a collective agreement provides for the averaging of normal and overtime hours over up to four months, an employee may not be required or permitted to work more than an average of 53 ordinary hours and 5 hours of overtime per week over the agreed period.

Does the law require that the total working hours, including overtime, don't exceed 56 hours per week?

The law requires that the total working hours, including overtime, do not generally exceed 53 hours per week.

Sources: §8 and 21 of the Constitution of the Republic of Liberia 1986; §17.1, 17.2, 17.3 of the Decent Work Act, 2015