Labor rights

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Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in the relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

Contents

Labor background

Throughout history, workers claiming some sort of right have attempted to pursue their interests. During the Middle Ages, the Peasants' Revolt in England expressed demand for better wages and working conditions. One of the leaders of the revolt, John Ball, famously argued that people were born equal saying, "When Adam delved and Eve span, who was then the gentleman?" Laborers often appealed to traditional rights. For instance, English peasants fought against the enclosure movement, which took traditionally communal lands and made them private.

The British Parliament passed the Factory Act 1833 which stated that children under the age of 9 could not work, children aged 9–13 could only work 8 hours a day, and children aged 14–18 could only work for 12 hours a day. [1]

Labor rights are a relatively new addition to the modern corpus of human rights. The modern concept of labor rights dates to the 19th century after the creation of labor unions following the industrialization processes. Karl Marx stands out as one of the earliest and most prominent advocates for workers' rights. His philosophy and economic theory focused on labor issues and advocates his economic system of socialism, a society that would be ruled by the workers. Many of the social movements for the rights of the workers were associated with groups influenced by Marx such as the socialists and communists. More moderate democratic socialists and social democrats supported workers' interests as well. More recent workers' rights advocacy has focused on the particular role, exploitation, and needs of women workers, and of increasingly mobile global flows of casual, service, or guest workers.

Core labor standards

Identified by the International Labour Organization (ILO) in the Declaration on Fundamental Principles and Rights at Work, [2] core labor standards are "widely recognized to be of particular importance". [3] They are universally applicable, regardless of whether the relevant conventions have been ratified, the level of development of a country or cultural values. [4] These standards are composed of qualitative, not quantitative, standards and do not establish a particular level of working conditions, wages or health and safety standards. [2] They are not intended to undermine the comparative advantage that developing countries may hold. Core labor standards are important human rights and are recognized in widely ratified international human rights instruments including the Convention on the Rights of the Child (CROC), the most widely ratified human rights treaty with 193 parties, and the ICCPR with 160 parties. [5] They have been incorporated into different provisions that are related to labor in soft law instruments such as the UN's Global Compact, the OECD Guidelines, and the ILO MNE Declaration. [6]

The core labor standards are:

Very few ILO member countries have ratified all of these conventions due to domestic constraints yet as these rights are also recognized in the UDHR, and form a part of customary international law they are committed to respecting these rights. For a discussion on the incorporation of these core labor rights into the mechanisms of the World Trade Organization, see Labour standards in the World Trade Organization. There are many other issues outside of this core, in the UK employee rights include the right to employment particulars, an itemized pay statement, a disciplinary process at which they have the right to be accompanied, daily breaks, rest breaks, paid holidays, and more. [12]

Labor rights issues by topics

Aside from the right to organize, labor movements have campaigned on various other issues that may be said to relate to labor rights. The labor movement began to improve the working conditions of the workers. Dating back to 1768 the first strike of the New York journeyman tailors protested a wage reduction. This marked the beginning of the movement. Approaching the 19th century, labor unions were formed to improve the working conditions for all of workers. They fought for better wages, reasonable hours, and safer working conditions. The labor movement led efforts to stop child labor, give health benefits, and provide aid to workers who were injured or retired. The following are explained more in the following sections. [13]

Hour limits

Many labor movement campaigns have to do with limiting hours in the workplace. 19th century labor movements campaigned for an eight-hour day. Worker advocacy groups have also sought to limit work hours, making a working week of 40 hours or less standard in many countries. A 35-hour workweek was established in France in 2000, although this standard has been considerably weakened since then. Workers may agree with employers to work for longer, but the extra hours are payable overtime. In the European Union the working week is limited to a maximum of 48 hours including overtime (see also Working Time Directive 2003).

Workplace conditions

Labor rights advocates have worked to improve workplace conditions that meet established standards. During the Progressive Era, the United States began workplace reforms, which received publicity boosts from Upton Sinclair's The Jungle and events such as the 1911 Triangle Shirtwaist Factory fire. Labor advocates and other groups often criticize production facilities with poor working conditions as sweatshops and occupational health hazards and campaign for better labor practices and recognition of workers' rights throughout the world.

Safety and social sustainability

Recent initiatives in the field of sustainability have included a focus on social sustainability, which includes promoting workers' rights and safe working conditions, prevention of human trafficking, and elimination of illegal child labor from the sustainably sourced products and services. [14] Organizations such as the U.S. Department of Labor and Department of State have released studies on products that have been identified as using child labor and industries using or funded by human trafficking. Labor rights are defined internationally by sources such as the Norwegian Agency for Public Management and eGovernment (DIFI) [15] and the International Finance Corporation performance standards. [14]

Living wage

The labor movement pushes for guaranteed minimum wage laws, and there are continuing negotiations about increases to the minimum wage. However, opponents see minimum wage laws as limiting employment opportunities for unskilled and entry-level workers.

The benefits and costs of foreign direct investments on labor rights are often argued. Payton and Woo's study shows that even though "workers may not see drastic increases in minimum wages but they will benefit marginally from better enforcement of existing minimum wage laws or other protections granted in law, gradually improving overall working conditions, as more FDI flows in." [16]

Globalization

In March 2004, the World Commission on the Social Dimension of Globalization issued a report called "A Fair Globalization: Creating Opportunities for All". [17] The report acknowledges how potential globalization can affect labor rights. Reforming globalization will require cooperation not only within the country but also at the global level. [18] It suggests political authorities to "renew their attention to global solidarity". [19]

Workers' rights advocates have been concerned with how globalization can impact labor rights in different countries. Some international agencies and global corporations see strong enforcement will limit a country's economic growth. [20] As companies outsource their work to workers from lower-wage countries, governments will relax their regulations to attract businesses. [20] As a result, poor countries implement a lower labor rights standard to compete with other countries. Layna Mosley's study shows that collective labor rights have declined since the recent global expansion started. [21] By having multiple countries sign agreements and treaties, labor rights are able to be protected across the globe. However, some countries sign it even though they are not planning to follow the rules. Therefore, there might be room for labor rights practices to suffer. [22]

However, some argued that globalization can improve labor rights enforcement by responding to other country's demands. Governments will act in their national interests, so when an important trading country urges for strong labor rights enforcement, they will act accordingly. [23]


Labor rights issues by demographics

Child labor

11Rose Biodo, 1216 Annan St., Philadelphia. 10 years old. Working 3 summers. Minds baby and carries berries, two pecks at a time. Whites Bog, Brown Mills, N.J. This is the fourth week of school and the people here expect to remain two weeks more. Witness E. F. Brown. Location: Browns Mills, New Jersey. ChildLabor1910.png
11Rose Biodo, 1216 Annan St., Philadelphia. 10 years old. Working 3 summers. Minds baby and carries berries, two pecks at a time. Whites Bog, Brown Mills, N.J. This is the fourth week of school and the people here expect to remain two weeks more. Witness E. F. Brown. Location: Browns Mills, New Jersey.

Labor rights advocates have also worked to combat child labor. They see child labor as exploitative, and often economically damaging. Child labor opponents often argue that working children are deprived of an education. In 1948 and then again in 1989, the United Nations declared that children have a right to social protection. [24]

It is hard for children to fight for their basic rights, especially in the workplace. They are often under-treated. Employers take advantage of child labor because they lack the ability to bargain collectively and compromise to work at an unpleasant workplace. Almost 95% of child labor occurs in developing countries. An example of an industry in which instances of child labor lead to severe injury or death [25] that have been noted are cobalt mining in the DRC as well as copper mining in Zambia, where children were reported to be participating in all forms of mining at the expense of their education. [26] [27] There is a growing concern that the rising demand for resources that involve child labor for industries such as the production of electric vehicle batteries, will only increase labor rights violations. [28] In India and Pakistan, children work long hours in various industries because of the debt their parents incurred. [29] Poor families sometimes rely on their kids' income to pay bills. In Egypt, about 1.5 million kids under 14 years old are working even though there are child-protective labor laws. [30]

Child labor in the United States

In the United States, the Fair Labor Standards Act of 1938 (FLSA) restricts the employment of children. The FLSA defines the minimum age for employment to 14 years for non-agricultural jobs with restrictions on hours, restricts the hours for youth under the age of 16, and prohibits the employment of children under the age of 18 in occupations deemed hazardous by the Secretary of Labor. [31]

In 2007, Massachusetts updated its child labor laws that required all minors to have work permits. [32]

Pregnant employees

The Employment Protection Consolidation Act (EPCA) has established four fundamental regulations for women's employment rights. Firstly, there is the provision of Statutory Maternity Pay, which ensures that a minimum payment is made during the leave period. Secondly, there is the right to maternity leave, which guarantees that women can take time off work and return to their job afterward. Additionally, women have the right to be reinstated to their original position. Finally, the EPCA has reinforced unfair dismissal rights. [33]

Migrant workers

Legal migrant workers are sometimes abused. For instance, migrants have faced a number of alleged abuses in the United Arab Emirates (including Dubai). Human Rights Watch lists several problems including "nonpayment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, squalid living conditions in labor camps, and withholding of passports and travel documents by employers. [34] Despite laws against the practice, employers confiscate migrant workers' passports. Without their passports, workers cannot switch jobs or return home. [35] These workers have little recourse for labor abuses, but conditions have been improving. [36] Labor and social welfare minister Ali bin Abdullah al-Kaabi has undertaken a number of reforms to help improve labor practices in his country. [34]

The United Arab Emirates was condemned in a report issued in April 2021 by the Democracy Centre for Transparency calling out the nation for its abuse and discrimination of foreigners and expatriates against Emirati citizens. According to DCT, foreigners and expatriates in the UAE are often subjected to gender and wage discrimination, racialization, trafficking, and forced labor. As per the research conducted by the DCT, these issues remain unreported due to the threat and intimidation from their employers in the form of job loss or fabricated criminal charges. The discrimination and abuse have reportedly continued despite the easing of the Kafala system in the Emirate. The DCT concluded its report urging the UAE to address the issues and put an end to the racial hierarchy and discrimination against non-citizens. [37] [38]

Koelnmesse, the company responsible for managing the pavilion representing Germany at the Expo 2020 reportedly signed an agreement with the Emirati Transguard Group for laundry, cleaning, and security services. Rights groups claim that during the signing of a framework agreement between the two firms, evidence assuring human rights due diligence was overlooked. It is said that the firm withheld the passports and wages of the workers earning relatively lesser than the minimum wage and terminated them from the service without notice. [39] [40]

In neighboring countries such as Qatar, there is a similar problem. Qatar has received a lot of criticism over the way it treats its workers, including those that have worked on FIFA World Cup projects. [41]

Undocumented workers

The right to equal treatment, regardless of gender, origin and appearance, religion, sexual orientation, is also seen by many as a worker's right. Discrimination in the workplace is illegal in many countries, but some see the wage gap between genders and other groups as a persistent problem.

Many migrant workers are not getting basic labor rights mainly because they do not speak the local language, regardless of legal status. [42] Some have noticed that they are not getting the correct amount of money on their paycheck while others are underpaid.

Undocumented workers in the United States

The National Labor Relations Act recognizes undocumented laborers as employees. However, the supreme court case Hoffman Plastic Compounds, Inc. v. NLRB established that backpay could not be awarded to unlawfully fired undocumented employees due to the Immigration Reform and Control Act of 1986. [43] In this court decision, it was also stated that the U.S. would support FLSA and MSPA, without regard to whether or not someone is documented. [44] Undocumented workers also still have legal protection against discrimination based on national origin. The decision of the Hoffman supreme court case has primarily affected undocumented laborers by preventing them from getting backpay and/or reinstatement. [44]

While no undocumented individual is technically able to work in the United States legally, undocumented workers make up 5% of the workforce. [44] In the U.S., people who were born outside of the country tend to work in riskier jobs and have a higher chance of encountering death on the job. The low-wage sectors, which many undocumented people work in, have the highest rates of wage and hour violation. [44] Estimates claim that 31% of undocumented people work in service jobs. Restaurant work in particular has a 12% rate of undocumented workers.

Undocumented people can and have joined labor unions, and are even credited by a 2008 dissertation for "reinvigorating" the labor movement. [44] Because the NLRA protects undocumented workers, it protects their right to organize. However, the NLRA excludes workers that are agricultural, domestic, independent contractors, governmental, or related to their employers. [45] The right to speak up against labor abuses was protected further by an immigration reform bill in 2013 with the POWER act, which intended to protect employees who spoke out against labor practices from facing detention or deportation. [45] [46]

However, labor unions are not necessarily welcoming of immigrant workers. Within unions, there have been internal struggles, such as when Los Angeles immigrant janitors reorganized service workers. Being a part of the union does not necessarily address all the needs of immigrant workers, and thus winning power within the union is the first step for immigrant workers to address their needs. [47]

Immigrant workers often mobilize beyond unions, by campaigning in their communities on intersectional issues of immigration, discrimination, and police misconduct. [47]

Unionized workers

Labor unions formed throughout the industries. Labor unions in the crafts discovered difficulty in forming labor unions at different skill levels. These skill groups often got divided into racial and sexist ways. In 1895, the white-only International Association of Machinists affiliated with the American Federation of Labor (AFL), which was founded in 1881. Entering the 20th century African Americans moved from the South into the North only to find that there was discrimination in economic opportunities. Racial stereotypes were used to divide the working class and create segregation. This eventually led to the creation of black codes and Jim Crow laws to limit the ability of African Americans to create a living for themselves. The Jim Crow laws passed in the 1800s were laws that forbade African Americans from living in white neighborhoods, along with segregation in public places. these were enforced for public pools, phone booths, hospitals, asylums, jails and residential homes for the elderly and handicapped and more. [48]

Neurodiversity

People who are neurodivergent present distinct issues in labor rights. They may individually or as a demographic have occupational preferences or requests for accommodation which differ from neurotypical workers. While some neurodivergent people may need workplace support in a medical model of disability, other people may only want cultural understanding in a social model of disability.

Neurodiversity considerations may include people on the autism spectrum, with attention deficit hyperactivity disorder (ADHD), developmental coordination disorder (DCD, also known as dyspraxia) or dyslexia. [49]

Measurement of Labor Rights

There are several indices that measure labor rights produced by various organizations. Some focus on collective bargaining and freedom of association including in datasets produced by the International Trade Union Confederation (ITUC), the International Labour Organization (ILO), and Penn State. [50] [51] [52] Others, such as data produced by the V-Dem Institute and UCLA's World Policy Analysis Center focus on other components such as employment discrimination, child labor, and forced labor. [53] [54] [55]

The ITUC produces the Global Rights Index on an annual basis which rates "countries depending on their compliance with collective labor rights and document violations by governments and employers of internationally recognized rights." [50] [56] The ILO produces the data for Sustainable Development Goal 8.8.2, which measures the "Level of national compliance with labor rights (freedom of association and collective bargaining) based on International Labour Organization (ILO) textual sources and national legislation, by sex and migrant status. [51] In the past, Penn State's Center for Global Workers’ Rights has produced a set of labor rights indicators which use a similar methodology to the ILO, but have wider country coverage. [52] [57]

The V-Dem Institute produces a wide range of data on civil rights and democracy. [53] This includes data on the prevalence of forced labor and data on civil society organizations, including trade unions. [53] [54] UCLA's World Policy Analysis Center maintains a database on a range of global legal standards including women's rights, disability rights, child labor, and employment discrimination. [55] [54]

See also

Related Research Articles

<span class="mw-page-title-main">International Labour Organization</span> Specialized agency of the United Nations

The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the first and oldest specialised agencies of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and projects.

Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.

<span class="mw-page-title-main">Sweatshop</span> Workplace that has socially unacceptable working conditions

A sweatshop or sweat factory is a crowded workplace with very poor, illegal working conditions. The manual workers are poorly paid, work long hours, and experience poor working conditions. Some illegal working conditions include poor ventilation, little to no breaks, inadequate work space, insufficient lighting, or uncomfortably/dangerously high or low temperatures. The work may be difficult, tiresome, dangerous, climatically challenging, or underpaid. Workers in sweatshops may work long hours with unfair wages, regardless of laws mandating overtime pay or a minimum wage; child labor laws may also be violated. Women make up 85 to 90% of sweatshop workers and may be forced by employers to take birth control and routine pregnancy tests to avoid supporting maternity leave or providing health benefits. The Fair Labor Association's "2006 Annual Public Report" inspected factories for FLA compliance in 18 countries including Bangladesh, El Salvador, Colombia, Guatemala, Malaysia, Thailand, Tunisia, Turkey, China, India, Vietnam, Honduras, Indonesia, Brazil, Mexico, and the US. The U.S. Department of Labor's "2015 Findings on the Worst Forms of Child Labor" found that "18 countries did not meet the International Labour Organization's recommendation for an adequate number of inspectors."

Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.

Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts.

<span class="mw-page-title-main">United Kingdom labour law</span> Rights of workers, unions, and duties of employers in the UK

United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".

<span class="mw-page-title-main">Australian labour law</span> Rights and duties of workers, unions and employers in Australia

Australian labour law sets the rights of working people, the role of trade unions, and democracy at work, and the duties of employers, across the Commonwealth and in states. Under the Fair Work Act 2009, the Fair Work Commission creates a national minimum wage and oversees National Employment Standards for fair hours, holidays, parental leave and job security. The FWC also creates modern awards that apply to most sectors of work, numbering 150 in 2024, with minimum pay scales, and better rights for overtime, holidays, paid leave, and superannuation for a pension in retirement. Beyond this floor of rights, trade unions and employers often create enterprise bargaining agreements for better wages and conditions in their workplaces. In 2024, collective agreements covered 15% of employees, while 22% of employees were classified as "casual", meaning that they lose many protections other workers have. Australia's laws on the right to take collective action are among the most restrictive in the developed world, and Australia does not have a general law protecting workers' rights to vote and elect worker directors on corporation boards as do most other wealthy OECD countries.

<span class="mw-page-title-main">United States labor law</span> US laws on fair pay and conditions, unions, democracy, equality and security at work

United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.

<span class="mw-page-title-main">Decent work</span> Employment that respects the fundamental rights of the human person

Decent work is employment that "respects the fundamental rights of the human person as well as the rights of workers in terms of conditions of work safety and remuneration. ... respect for the physical and mental integrity of the worker in the exercise of his/her employment."

<span class="mw-page-title-main">Ethical trade</span>

The term ethical trade first gained currency in the mid-1990s, where it was used as a term for socially responsible sourcing. Ethical trade addresses the ethical aspects of organisations including worker welfare, agricultural practice, natural resource conservation, and sustainability of the environment. Since then, numerous multinational organisations have adopted ethical trade policies by outsourcing to auditing companies to monitor the conditions of workers in their supply chains. The leading alliance of these companies, trade unions and non-governmental organisations is the Ethical Trading Initiative. to support business

Migrant domestic workers are, according to the International Labour Organization’s Convention No. 189 and the International Organization for Migration, any persons "moving to another country or region to better their material or social conditions and improve the prospect for themselves or their family," engaged in a work relationship performing "in or for a household or households." Domestic work itself can cover a "wide range of tasks and services that vary from country to country and that can be different depending on the age, gender, ethnic background and migration status of the workers concerned." These particular workers have been identified by some academics as situated within "the rapid growth of paid domestic labor, the feminization of transnational migration, and the development of new public spheres." Prominent discussions on the topic include the status of these workers, reasons behind the pursue in this labour, recruitment and employment practices in the field, and various measures being undertaken to change the conditions of domestic work among migrants.

Japanese labour law is the system of labour law operating in Japan.

<span class="mw-page-title-main">Labor relations</span> Study of work and workers

Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.

<span class="mw-page-title-main">Indian labour law</span> Laws regulating labour in India

Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave and 7 casual leaves each year to each employee, with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.

European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.

<span class="mw-page-title-main">Fair Wear Foundation</span> Garment industry activist organization

Fair Wear Foundation (Fair Wear) is an independent multi-stakeholder organisation that works with garment brands, garment workers and industry influencers to improve labour conditions in garment factories. Receiving the Fair Wear stamp of approval does not guarantee any existing quality of labour standards, instead only demonstrating a stated interest in working toward improvement.

International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, have a growing body of rules regarding labour rights.

The SA8000 Standard is an auditable certification standard that encourages organizations to develop, maintain, and apply socially acceptable practices in the workplace. It was developed in 1989 by Social Accountability International, formerly the Council on Economic Priorities, by an advisory board consisting of trade unions, NGOs, civil society organizations and companies. The SA8000's criteria were developed from various industry and corporate codes to create a common standard for social welfare compliance. The current (2014) version of the standard is built on earlier 2001, 2004 and 2008 versions.

Labor rights in the American meatpacking industry are largely regulated by the National Labor Relations Board (NLRB), which regulates union organization. The Occupational Safety and Health Administration regulates the safety and health conditions applicable to workers in the American meat packing industry. According to scholars of the American meat packing industry, despite federal regulation through OSHA and industry oversight, workers in meat production plants have little agency and inadequate protections. Workers in the industry perform difficult jobs in dangerous conditions, and are at significant risk for physical and psychological harm. In addition to high rates of injury, workers are at risk of losing their jobs when they are injured or for attempting to organize and bargain collectively. Several of studies of the industry have found immigrant workers—"an increasing percentage of the workforce in the industry."

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