Workers’ rights encompass a large array of human rights from the right to decent work and freedom of association to equal opportunity and protection against discrimination. Specific rights related to the workplace include health and safety in the workplace and the right to privacy at work, amongst many others. Given the relationship between workers, employers, and the state, worker’s rights are where ‘business’ and ‘human rights’ most often intersect.
the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts;
the right to the enjoyment of just and favourable conditions of work, in particular remuneration which provides all workers, as a minimum, with fair wages and equal remuneration for work of equal value, and a decent living for themselves and their families;
Safe and healthy working conditions;
Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;
and rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays;
the right of everyone to form and join the trade union of his choice and the right to strike, provided that it is exercised in conformity with the laws of the particular country.
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Since 1919, the International Labour Organization (ILO) has developed a system of international labour standards. These are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work. The ILO’s Governing Body has identified eight conventions as “fundamental” which address freedom of association, collective bargaining, equal remuneration, non- discrimination, and eliminating forced and child labour. Other non-fundamental ILO Conventions cover issues from wages, working hours, occupational health to safety, maternity protection, and social security. The ILO has likewise developed several gender equality standards, including: The principle of equal remuneration for men and women workers for work of equal value (Equal Remuneration Convention); The prohibition of discrimination on the basis of, among others, sex (Discrimination (Employment and Occupation) Convention); The provision of equal opportunities and equal treatment for workers with family responsibilities to engage in employment (Workers with Family Responsibilities Convention); The provision on supporting women’s reproductive rights (Maternity Protection Convention).
The UN Guiding Principles on Business and Human Rights (UNGPs) highlight the state’s responsibility to have adequate laws in place to protect workers’ rights, give guidance to businesses on what is expected of them, and to ensure adequate enforcement of these laws (UNGPs 1-3). UNGP 12 states that “[t]he responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.” The Gender Guidance to the UNGPs furthers that ‘[i]n order to respect the internationally recognized rights of women, business enterprises should consider, among other instruments, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child relevant in all circumstances and throughout their operations.
Goal 8 of The Sustainable Development Goals is entitled ‘Decent Work and Economic Growth’, with the aim to “Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all”. The ILO have highlighted how decent work is central to sustainable development.
Most states have legislative protections for workers’ rights, although gaps exist between policy and practice in a number of jurisdictions. Businesses should ensure that they respect the local laws protecting workers’ rights, and in situations where these laws fall short of international standards (e.g. businesses can engage with trade unions in states where there is no local legislation on the issue) aim to adhere to the higher standard. Business can also voluntary adopt higher standards which are not prescribed by law in their operations (e.g. a business can provide maternity/ parternity leave where local legislation does not provide for it, and a business can provide a living wage where a state does not provide for it, or where the minimum wage does not constitute a living wage).
An example of measures to protect workers’ rights can be found in the UK Modern Slavery Act 2015 (MSA) which established three criminal offences: (i) slavery, servitude and forced or compulsory labour (s1), (ii) human trafficking (s2) and (iii) committing any offence with the intent to commit human trafficking (s4). The first case under the MSA resulted in the High Court of England and Wales holding that a company had failed to pay the national minimum wage, had made unlawful deductions from wages and had failed to provide adequate facilities to wash, rest, eat and drink, and were ordered to pay compensation to the victims. The first conviction of a UK business person for conspiracy to traffic was in connection with the supply of labour and saw him sentenced to 27 months in jail.
A further example of measures to protect workers’ can be seen in the area of the gender pay gap. The UK has introduced legislation and regulations which mandates that employers with over 250 employees publish their gender pay gap data and a written statement on their public-facing website and report their data to government online – using the gender pay gap reporting service on the following areas:
Gender pay gap (mean and median averages);
Gender bonus gap (mean and median averages);
Proportion of men and women receiving bonuses;
Proportion of men and women in each quartile of the organisation’s pay structure.
There are also examples of measures taken to protect workers’ rights includes addressing family or domestic violence in the workplace. A study of domestic violence in Canada and its impact on the workplace has found more than one third of workers across the country experienced domestic violence in their lifetime, and for more than half of those affected, the violence followed them to work. Family or domestic violence is often illegal under wider criminal laws, but certain jurisdictions, including a number in Canada and the USA, have introduced legislation to address the issue.
All people working in Australia under relevant Commonwealth workplace laws are entitled to general workplace protections. The Fair Work Act 2009 (FW Act) and the Fair Work Regulations 2009 are the main legislation governing the employee / employer relationship in Australia. They provide a safety net of minimum entitlements, enable flexible working arrangements and fairness at work and prevent discrimination against employees. In Australia, the Fair Work Ombudsman administers the laws and regulations that govern Australia’s workplaces and its services are free to all workers and employers in Australia.
In 2017, Brazilian legislators substantially reformed the 1943 Consolidation of Labour Laws with the passing of Law No. 13,467/2017. Key aspects of the reform provide that:
Employees’ committees are mandatory for companies with more than 200 employees.
Collective bargaining agreements prevail, in certain circumstances, over labour laws, including in areas such as working hours, time banking, breaks, and vacation.
Payment of the union tax is no longer mandatory.
Workers and unions have more freedom to negotiate their rights in employment agreements.
In September 2018, Rwanda’s New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) came into force, enacting new changes that include:
The right of reinstatement for employees dismissed for economic or technical reasons.
Reduced probationary period from six to three months.
Unlawful termination of employment contract gives rise to the payment of damages.
An employee cannot be dismissed as a result of occupational accident unless a recognized doctor declares him/her unfit to resume service in the employment he/she held prior to the accident..
Any contract termination without notice or without having fully observed the notice period results in the party responsible for termination paying the other party the compensation provided for by this Law.
A number of guides and tools have been produced on designing and adopting measures within businesses. A number of businesses have adopted policies on addressing family and domestic violence within the workplace.
In the 2030 Agenda for Sustainable Development, workers’ rights are reflected directly in SDG 8 on decent work and economic growth, where promotion of labour rights, safe and secure working environment for all workers, freedom of association and collective bargaining (SDG 8.8), forced and child labour and human trafficking (SDG 8.7), equal pay for work of equal value (SDG 8.5) are addressed. This goal also specifically mentions persons with disabilities, migrant workers, women and women migrant workers as groups with specific vulnerability in this area. Respecting and promoting workers’ rights can equally contribute to the realisation of other SDGs and targets, such as eradicating extreme poverty (SDG 1.1) or achieving greater equality (SDG 10.4). Responsible business conduct can therefore significantly boost progress towards multiple SDGs.
8) Decent Work and Economic Growth
No references.
What National Action Plans say on Workers’ rights
Belgium (2017 - open)
In the baseline analysis, workers’ rights was identified as one of the core issues that the NAP should cover.
This point briefly mentions that international agreements “are mainly based on the ILO Declaration on Fundamental Principles and Rights at Work.” And that “a large number of agreements are also targeting suppliers and subcontractors”. It also describes that in September 2007, the International Metalworkers’ Federation, the International Federation of Chemical Workers and Umicore concluded an international framework agreement, including the respect for human rights, labor rights and the environment . Umicore’s agreement was the first ever concluded by a Belgian multinational company.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
The NAP explains that procurement policy considers compliance with the Basic Conventions of the International Labor Organization as an essential performance criterion. However, procurement policy could also include more specific emphasis on the respect for other human and labour rights.
The Flemish government adds that “sustainable public procurement is an important lever in promoting the respect for workers’ rights. They are a good way to encourage and/or require companies to formally commit themselves to better working conditions internally and within their international supply chains.
Action point 14
Evaluate the Belgian label to promote socially responsible production
This point presents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. Companies able to demonstrate that core labor standards were respected throughout their production chain for their products and services, can apply the “Belgian social label” to these products and services. The Minister for Economic Affairs grants the label on the basis of a binding opinion by a stakeholder committee.
While the Belgian social label guarantees consumers the respect for human rights, and labor rights in particular, throughout the entire supply chain, a series of limitations seem to have held back its success. The planned action includes drawing up these limitations, so that solutions can be formulated for the relaunch of a new upgraded label. Moreover, the NAP suggests that the information collected from the research may be useful for the discussion on introducing a “Made in Europe” label, which should promote respect for European standards, including the respect for human rights, with particular attention on workers’ rights and products.
Action point 17
Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements
The federal government states that during negotiations at the European level, Belgium will advocate for the respect and inclusion of fundamental labour rights and international environmental standards – including in cases of development cooperation – in investment agreements and free trade agreements.
The government of Wallonia states that it will continue to advocate for the revision of model texts used in negotiations of commercial treaties in order for them to specifically respect human rights, labour rights and social norms, as well as environmental measures, accompanied by financial or commercial sanctions.
Action point 26
Pay particular attention to the ratification of a series of ILO conventions to health and safety at work
This point addresses the issue of workers’ rights, particularly the issue of the right to health and security at work. Engagements will include the ratification of:
ILO Convention No. 187 on Occupational Safety and Health.
ILO Convention No. 167 on Safety and Health in Construction.
Convention No. 170 on Safety in the Use of Chemical Substances at Work
The government explains that by ratifying these key safety and health conventions “Belgium will not only strengthen its own occupational health and safety system, but also to encourage
other countries to follow through.”
Action point 28
Implementation of the Flemish Action Plan “Sustainable International Entrepreneurship 2014-2015-2016”
The government of Flanders states that “besides the need to raise awareness of international guidelines and to provide support for their implementation, there is a specific need for practical advice and instructions (on environmental standards, labor rights, human rights) to apply sustainable international entrepreneurship in selected countries and sectors.
Strand 1: Training in the Field of Business and Human Rights
Action Point 1.3 (pages 30-31)
The Ministry of Labour will:
Train workers about their rights and the Guiding Principles through the introduction of subjects related with business and human rights in the study programmes of the Trade Union School, with emphasis, inter alia, on labour rights and child labour.
Train businesses (guilds, confederations, associations and SMEs), unions and civil servants on business and human rights, emphasising labour rights.
Inform users about this Action Plan through a banner uploaded in the ministry’s website portal -aimed at providing additional information on this topic, and showing the measures that the ministry is carrying out in the relevant field.
Strand 3: Inclusion and Non-Discrimination
Action Point 3.2 (page 36)
The Ministry of Social Development will:
Organise, through the Indigenous Affairs Coordination Unit, a Coordination Board including the participation of indigenous peoples and relevant organisations with the purpose of proposing non-discrimination and inclusion measures in the labour market. This Board will take into consideration the international standards set out in Covenant 169, as well as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recommendations gathered from the citizens’ dialogues held within the framework of the National Action Plan about the subject.
Strand 4: Transparency and Participation
Action Point 4.7 (page 41)
The Ministry of Labour will strengthen participation mechanisms, applying a preventive focus, processes and consultation and dialogue mechanisms through the Labour Higher Council.
Strand 6: Strengthening Coherence between Public Policies
Action Point 6.5 (pages 46-47)
The Under-Secretariat of Social Security of the Ministry of Labour will coordinate national, regional and tripartite efforts concerning the National Programme for Health and Safety in the Workplace. This Programme seeks to promote the development of a national culture of prevention in health and safety issues; contribute to the protection of workers through the elimination of work-related dangers and risks, or to their reduction to a minimum level, with the purpose of preventing injuries, diseases and deaths caused by work and promote health and safety in the workplace. Implementation will be based on ILO Convention No. 187 about the Framework for Health and Safety in the Workplace and the Programme of Government of the President of the Republic, through a regional and nations process consultation to representatives of the employers, workers, government entities and bodies responsible for enforcing Law No. 16,744.
Strand 8: Legislation, Policies and Incentives
Action Point 8.3. (page 49)
The Ministry of Labour and the Ministry of Social Development will continue promoting labour inclusion through the creation of the regulation supporting the Labour Inclusion Law, thus fostering inclusion from a human rights perspective.
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
Job creation: the government seeks increasing employment through a strategy that combines support to Small and medium enterprises (which generate around 90% of employment in the country), acceleration of infrastructure projects, incentives to orange economy [economía naranja] projects_, development in connectivity and digital transformation and support to sector specially impacted by the pandemic such as tourism and the hotel industry.
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
(…)
Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.
(…)
The Ministry of Labour will formulate departmental plans for the eradication of child labour and the protection of adolescent workers within the framework of the CIETI [Comité Interinstitucional para la Erradicación del Trabajo Infantil].
(…)
The Ministry of Agriculture and Rural Development will carry out actions to formalise employability relations in the rural sector and basic minimum income, in accordance with the recognised rights of rural workers, taking into account a differential approach for the sector.
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
The Presidential Advisor’s Office for Human Rights and International Affairs will carry out accompaniment and advice sessions for employers on the importance of labour inclusion for the vulnerable population, highlighting its importance in the reactivation phase of Covid-19.
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
The Ministry of Trade, Industry and Tourism [MINCIT] will link public-private policy networks related to competitiveness, productivity and income and employment generation to human rights and business processes and guidelines.
(…)
The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights
The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.
Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region
(…)
The Ministry of Labour [Mintrabajo] will support the strengthening of the trade union association process through training focused on raising awareness among the labour force on the right to association.
Most serious infringements of working conditions [page 16-18]
“Implements Principles 1, 2 and 8
Even in advanced countries, we come across cases where employees find themselves in a highly vulnerable position and are required to put up with undignified working conditions, and where their employer, for instance, refuses to pay them. The victims of this abuse are frequently foreign nationals as they have limited opportunity to defend themselves. Evidence of such practices can also be found in the Czech Republic. [The footnote states that “In 2008, an organised group was detected that had been recruiting farmworkers abroad. These recruits, sometimes working between 12 and 18 hours a day, were paid only a fraction of the wages they had been promised (Judgment of the Supreme Court 7 Tdo 1261/2013 of 12 March 2014). In 2009, there was a case where at least 22 construction workers were found to have been enslaved for up to 2 years (Judgment of the Supreme Court 4 Tdo 366/2013 of 14 May 2013). Between 2009 and 2011, there were several cases of large-scale labour exploitation involving up to several hundred workers in the forestry sector (Finding of the Constitutional Court II. ÚS 3436/14 of 19 January 2016 and Finding of the Constitutional Court I. ÚS 3196/12 of 12 August 2014).”] Those working in other people’s households are another risk group. Such actions have fallout for employees, for the state (which is robbed of taxes and insurance contributions), and for honest businesses, who cannot compete with such labour.
Whereas minor cases of labour-law violations are subject to checks by labour inspection bodies, more serious cases can be prosecuted as crimes. However, for these modern-day unfair practices to be detected and prevented effectively, there needs to be coordinated cooperation between many state bodies and social partners. There may be numerous labour-law violations in supply chains, via temporary employment agencies, or at entities that act as recruiters but do not hold a permit to do so. To make it possible to stamp out these most serious forms of abuse, businesses themselves should pay attention to working conditions at their partners and, if they detect any breaches of the law, they should either demand that corrective action be taken or sever ties. The state’s role here is to create a functioning labour market that will not cater to illegal practices. This does not mean just the repression of the perpetrators, but also the shaping of conditions conducive to the legal employment of foreign nationals.
Current state of play:
The Czech Republic has ratified the International Labour Organisation’s Private Employment Agencies Convention (Convention No 181).
Directive 2008/104/EC on temporary agency work, regulating this area at EU level, and Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals have been transposed into Czech law.
A methodological guideline of the Inspector General of the State Labour Inspectorate Authority has been issued to harmonise inspection procedures in checks focusing on temporary agency work.
The constituent elements of misdemeanours and administrative offences in labour law are being clarified.
A law is being drawn up that will tighten conditions for the establishment and operation of temporary employment agencies. Users drawing on the services of such agencies are to be made co-responsible for the observance of commensurable wage and working conditions for temporary employees, and compulsory deposits are being introduced for each agency.
The Ministry of Labour and Social Affairs hosts the Interministerial Body to Combat the Illegal Employment of Foreign Nationals, which plays a coordinating role, and the Economic and Social Agreement Council’s Working Party on the Mediation of Employment by Temporary Employment Agencies.
A Concept for the Prevention of the Labour Exploitation of European Union Citizens in the Czech Republic has been produced.
Czech law contains procedures to help victims of human trafficking to legalise their stay [g. Section 42e of Act No 326/1999 on the residence of foreign nationals in the Czech Republic and amending certain acts, as amended] and to find work. [E.g. Section 97(d) and Section 98(p) of Act No 435/2004 on employment.] Although victims can take their claims to the civil courts, lawsuits tend to be lengthy and arduous for someone who cannot speak the language, is unfamiliar with the legal system, and does not have the money for a lawyer. In criminal proceedings, victims may be represented by an agent, such as a non-profit organisation. [Section 50 of Act No 141/1961 on criminal proceedings (the Code of Criminal Procedure).]
Under the National Strategy to Combat Human Trafficking in the Czech Republic 2016-2019, an analysis is being conducted of flaws in selected labour-law regulations that could pander to an exploitative working environment (Task 1 of the National Strategy).
Tasks:
Focus, via labour inspection bodies, on unravelling the illegal employment of foreign nationals and running checks on temporary employment agencies and other entities acting as recruiters without the necessary permit.
Coordinator: Ministry of Labour and Social Affairs
Deadline: Running
Evaluate the implementation of Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. The evaluation will include an analysis of the extra administrative burden and the ramifications for businesses.
Coordinator: Ministry of the Interior
Co-coordinator: Ministry of Labour and Social Affairs
Deadline: 31 December 2022
Assess whether illegal employment is genuinely being earnestly prosecuted.
Coordinator: Ministry of Labour and Social Affairs
Deadline: Running, with a comprehensive assessment on 31 December 2022
Make arrangements to raise foreign nationals’ awareness of their labour rights and obligations.
Coordinator: Ministry of Labour and Social Affairs
Deadline: Running
Raise law enforcement agencies’ awareness of issues specific to human trafficking, with a stress on victim protection and the non-punishment principle (i.e. the impunity and protection of those who have been forced into criminal activity). Take this principle into account in the preparation of legislation that may touch on human trafficking and modern-day slavery.
Coordinators: Ministry of the Interior, Ministry of Justice
Deadline: Running”
Supply chains and conflict minerals [page 20-21]
“Increasing attention is being paid to safety conditions at work (e.g. the use of slave and child labour in mining). Risks of this type are particularly serious in areas plagued by armed conflict, which can be attributed to the absence of state authority here. Raw materials imported from geopolitically unstable regions and flashpoints may be used as a source of funding to reconstruct the country and improve the conditions in which its inhabitants live. On the other hand, various groups may exploit slave or child labour in mining operations or in factories, and the proceeds from sales could then be used to pay for weapons and soldiers. The raw materials they have mined and the products they have made are then sold on the global market, often without the buyers knowing their provenance.
This is a problem that needs to be tackled internationally. One solution lies in certification schemes proving the origin of raw materials. The certification authority guarantees that workers’ rights have not been infringed during mining or production. These certificates are issued by state and international organisations on the one hand, and private issuers on the other. Current legislation allows the public sector to take into account or to demand this certification in the course of procurement, in which case it is only necessary to comply with the conditions of transparency, equal treatment and non-discrimination.”
External policy [page 28]
“Current state of play:
The Czech Republic is party to a number of international human rights treaties, including a set of International Labour Organisation conventions, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.”
Pillar II, Scope and content of the obligation to respect human rights [page 30]
“For businesses, there are three dimensions to respect for human rights:
Do not commit violations of human rights: This applies to a business’s active conduct, the direct impacts of its decisions, and its operations, and may encompass:
The health- or life-threatening working conditions of its employees.
What human rights? States bear liability for the full range of human rights. Businesses are required to respect those rights that could be affected by their operations, and must do so to the extent of a definite minimum, generally acknowledged fundamental standard deriving from:
the Universal Declaration of Human Rights;
the International Covenant on Civil and Political Rights;
the International Covenant on Economic, Social, and Cultural Rights; and
the International Labour Organisation’s core conventions. [the footnote here states “There are eight such “core conventions”, dealing with forced labour (the 1930 and 1957 conventions), freedom of association, the right to collective bargaining, equal remuneration, discrimination, minimum worker ages, and the eradication of child labour.”]
These rights are fleshed out in a series of other specific instruments, such as the OECD Guidelines for Multinational Enterprises.
In practice, this concerns matters such as the ban on forced labour, child labour, and life- or health-threatening working conditions, the ban on workplace discrimination, the hindrance of association and collective bargaining, etc.”
Pillar II, Commitment [page 32-33]
“The Government of the Czech Republic recommends that businesses adopt internal commitments in accordance with the recommendations below. …
What should a commitment encompass? …
Protection of whistleblowers: This includes, on the one hand, instructions for employees on how to proceed if they detect unlawful conduct and, on the other, protection from retaliation.”
Representation in court, legal assistance [page 44]
“Even today, a trade union organisation may represent its members and associations may, in the course of their activities, represent victims of discrimination or foreign nationals in labour cases. It is worth considering expanding opportunities for representation by those organisations in the future.
Current state of play:
If a party to judicial proceedings cannot afford a lawyer, the court may waive the court fees and appoint a representative if this is necessary to protect the party’s interests.
In August 2017, a law entered into force that ensures that low-income groups can receive free legal assistance.
The law allows certain legal persons (trade unions and associations) to represent parties to certain types of proceedings. [Section 26 of Act No 99/1963, the Code of Civil Procedure]
Environmental protection associations may enter into certain types of proceedings. [Section 70 of Act No 114/1992 on the protection of nature and the landscape]
Associations whose members come from a certain place and whose activities depend on the state of the environment are treated as holders of the right to a favourable environment. Consequently, they have the full rights of a party to environmental proceedings and may even claim those rights in court. [Finding of the Constitutional Court I. ÚS 59/14 of 30 May 2014]
The bar association may assign a low-income applicant a lawyer for the provision of free legal assistance or legal services.
Tasks:
Analyse issues surrounding an extension to the set of situations where legal persons may represent parties to proceedings.
Coordinator: Ministry of Justice
Deadline: 31 December 2020
Evaluate the way the system of free legal assistance for the poor and needy works, especially the cost to the state, the bar association and applicants, the speed at which lawyers are assigned, and how much paperwork is involved. Evaluate the possibility of adding to the group of those who provide legal assistance.
Coordinator: Ministry of Justice
Co-coordinators: Ministry for Human Rights
Deadline: 31 December 2020”
Protection of human rights through state regulation and policy [page 12]
“Denmark works to ensure that companies involved in Danish development cooperation respect human rights and act responsibly within the areas of worker’s rights, human rights, environment and anti-corruption within the framework of ILO conventions, UN Global Compact, the OECD guidelines for multinational enterprises and work towards implementation of the UN Guiding Principles on Business and Human Rights.”
Protection of human rights in the business sphere in Danish legislation [page 12-13]
“General Danish law contributes to fulfilling Denmark’s duty under human rights treaties to which it is a party against human rights abuses by private actors, including businesses. For example, the Danish parliamentary act prohibits differential treatment in the labour market from 1996 protecting against discrimination based on race, gender, skin colour, religion, political opinion, sexual orientation or national, social or ethnic origin. It is also an offense to refuse to serve a person on the same terms as others involved in commercial or non-profit company because of his/hers race, colour, national or ethnic origin, religion or sexual orientation. The Working Environment Act of 2005 and the Act on the Work of Young Persons from 2005 implement the EU Directive 94/33/EC from 1994 on the protection of young workers, and the 1956 Constitutional Act of Denmark covers freedom of association and assembly.”
Providing effective guidance on how to respect human rights [page 14]
“The revised Global Compact Self-Assessment Tool works as a self-Assessment guide to a CSR due diligence going through a questionnaire covering aspects of human rights, worker’s rights, environment and anti-corruption and including a template for a follow-up action plan.”
Appendix 1, GP 3c
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 26]
“Companies involved under Danida Business Partnerships are required and guided to undertake a CSR due diligence covering human rights, workers’ rights, environment and anti-corruption and to follow-up with an action plan in order to mitigate adverse impacts of business activities on employees and society at large.”
Appendix 1, GP 4
Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles) [page 28]
“As part of the approval process, Danida Business Finance analyses potential human rights related risks including local legislation and policies and other CSR issues. Access to finance is based on buyer’s and exporter’s compliance with ILO principles on human and workers’ rights.”
The Finnish NAP makes reference to the ILO core Conventions which include workers’ rights protections. There are also some direct references to workers’ rights.
1 The state obligation to protect human rights
1.3 Activities in the EU [page 18-19]
TRADE POLICY
“As a follow-up measure, the working group suggests that in order to reinforce the human rights aspect in the EU trade policy:
Finland promotes human rights issues in the framework of bilateral and interregional trade agreements by making use of the work of the monitoring groups for sustainable development of those agreements in matters related to trade and labour rights. …
A report shall be made on how trade and human rights as well as trade and labour rights have been taken into consideration in the free trade agreements of the EU, the United States and some other countries (such as regulation, monitoring mechanisms, dispute settlement and implementation). Principal responsible party: Ministry for Foreign Affairs, continuous activities, report by mid-2015.”
3 Expectations towards companies and support services
3.5 Support for Finnish and international organisations promoting the subject [page 28]
“In 2014, approximately EUR 17 million were spent to support the projects of the International Labour Organisation (ILO). The projects are related to matters such as rights at work, green workplaces for the construction sector, the inclusion of women in the labour market, and decent work.”
2. The International Labour Organization (ILO) [page 14]
… France is committed to seeing ILO, a source of international labour laws, establish a shared reference standard based on a common interpretation of conventions. It actively supports the universal ratification process for ILO’s eight fundamental conventions. For several years, it has also underlined the need to reinforce the organization’s supervisory system.
France is one of ILO’s more active members and has a permanent seat on the organization’s Governing Body. It adheres to and promotes the Decent Work Agenda, and fully supports the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration). The country has signed a four-year partnership agreement with the International Labour Office, which involves implementing CSR initiatives and contributing to the Better Work Programme.
Actions Underway [page 16]
…
France seeks to ensure that the issues of decent work, occupational health and safety and supply chains are addressed by the G20, particularly by working with Germany, whose presidency runs from 2016 to 2017. It also seeks to build on the G7’s commitments to the UN Guiding Principles in 2015, as well as commitments made during the International Labour Conference in June 2016, one of the three themes of which was “decent work in global supply chains”.
…
The National Framework
10. Reinforcement of Legislation [page 24]
…
The Act of 10 July 2014 on unfair social competition was adopted to transpose into national law the European Directive on the posting of workers, which seeks to fight illegal labour practices and fraud in this field. Not only does the act create due diligence obligations, it also provides for joint liability (over and above the requirements in the European Directive) whenever posted workers are used (it establishes the liability of project owners and principals with respect to their subcontractors and co-contractors).
…
11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement
Public Procurement Policy [page 25]
Under Article 15 of Decree 2016-360 of 25 March 2016, contracting authorities may choose to include general administrative terms and conditions in public contracts. These terms and conditions cover general rather than specific provisions (performance of services, payment, auditing of services, presentation of subcontractors, deadlines, penalties, general conditions, etc.). Article 6 of these terms covers the protection of labour and working conditions, and states that contract holders must respect the working conditions set down in the labour laws and regulations of the country in which workers are hired or, otherwise, ILO’s eight fundamental conventions where these have not been incorporated into the country’s laws and regulations. …
Actions Underway [page 30]
…
The AFD supports the implementation of universal social protection and the promotion of initiatives to develop decent work (the creation of decent jobs, skills upgrading, training and the transition towards sustainable employment) in accordance with the AFD’s partnership with the International Labour Office and the priority areas in the ILO-France partnership agreement.
…
II. Businesses’ Responsibility to Respect Human Rights
2. Training and Information for Businesses [page 39]
… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights and the rights of newcomers, workers, vulnerable populations, etc. These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.
Practical Tools Addressing Specific Issues [page 41]
…
ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: discrimination, freedom of association, collective bargaining, wages and benefits, occupational safety and health, forced labour, child labour, etc. It also offers free and confidential assistance for company directors and workers.
…
III. Access to Remedy
1. Judicial Mechanisms – At the International Level
1.1 The Protocol to the ILO Forced Labour Convention (No. 29) [page 47]
France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol. This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.
The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.
This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.
2. Non-Judicial Mechanisms – At the International Level
2.1 The OECD National Contact Point (NCP) [page 54]
The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. …
2.4 The European Social Charter [page 57]
In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers the right to work, the right to organize, the right to bargain collectively, … , and the right to protection and assistance for migrant workers and their families. …
The German NAP does not make direct reference to ‘workers’ rights’, but includes multiple reference to relevant human rights treaties, ILO instruments, and indirect reference to workers’ right throughout the NAP.
1.1 Basic rules of economic policy [page 14-16]
Protection within states’ own territory – challenges within Germany
The current situation
Germany has ratified major strategic international instruments codifying the protection of human rights, including labour rights, thereby incorporating them into national law. The same applies to the particularly important ILO instruments known as the Core Labour Standards. The instruments that are now binding in Germany include, for example, the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, most of the conventions of the International Labour Organization and major European agreements such as the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter.
People in vulnerable situations pose a particular challenge in Germany as elsewhere. These include migrants and, in general, employees in precarious work. These groups of people are exposed to a high risk of labour exploitation. The introduction of a general statutory minimum wage in Germany has established an effective instrument against excessively low wages. Since 1 January 2015, a minimum hourly wage of €8.50 has been payable, and its rate is to be adjusted every two years by an independent commission. The minimum wage has increased the earnings of four million people, whose income has risen by an average of 18%.
People who are affected by or at risk of labour exploitation need information about their rights and assistance in enforcing them. In recent years, advice and contact centres have been created in various parts of Germany, some with national and some with regional funding. With support from the Federal Government and the European Social Fund (ESF), for example, the German Trade Union Confederation (DGB), through a project called “Faire Mobilität” (fair mobility), provides such advice to employees, especially those from the EU Member States in Central and Eastern Europe. There is no permanent nationwide advisory structure yet for employees from all geographical origins and occupational sectors. In the fight against human trafficking and exploitative employment, Germany is also bound by EU Directive 2011/36/EU and has ratified both the Council of Europe Convention of 2005 on Action against Trafficking in Human Beings and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. To coordinate the diverse activities designed to combat human trafficking, the Federal Government established the Federal Working Group on Trafficking in Human Beings in 1997, whose members include representatives of non-governmental organisations.
The protection of whistleblowers is a highly valuable accompanying measure in the detection of exploitative employment. General provisions in the field of labour law (sections 612a and 626 of the German Civil Code and section 1 of the Protection against Unfair Dismissal Act) and in constitutional law (Articles 2(1), 5 and 20(3) of the Basic Law) provide the legal basis for such protection.
There are also numerous provisions of special legislation which supplement the protection of whistleblowers guaranteed by the aforementioned provisions in particular areas of activity, examples being section 13 of the Money Laundering Act and section 17(2) of the Occupational Health and Safety Act.
The Federal Government is currently preparing for the incorporation of numerous international legal instruments into German law. These include the Protocol to the ILO Forced Labour Convention (No 29). The Federal Ministry of Labour and Social Affairs is planning the examination prior to ratification of the ILO Minimum Wage Fixing Convention (No 131) and Indigenous and Tribal Peoples Convention (No 169) as well as of the Optional Protocol of 2008 to the International Covenant on Economic, Social and Cultural Rights and the revised Social Charter.
Measures
“To supplement the existing structures, the Federal Government has shifted the focal point of its efforts towards the fight against human trafficking for the purpose of exploitative employment. A joint federal level-state level working group is currently developing a strategic approach designed to reinforce prevention, establish advisory structures and improve criminal prosecution and the data situation.
The Federal Government has reached agreement on a bill designed to combat abuses of temporary agency work and work and services contracts. This means that there will be clear rules in future to prevent abuses and the circumvention of employment standards.
As part of the transposition of European Directive 2016/943/EU on the protection of undisclosed know-how and business information (trade secrets), the protection of whistleblowers in German law is being further developed. The purpose of this legislation is to make it clear that the disclosure of trade secrets is lawful if its purpose is to expose professional or other misconduct or illegal activity in order to protect the general public interest.”
2.1 Ensuring the protection of human rights in supply and value chains [page 28]
“Throughout the world, the expectations of consumers, civil society and trade unions in terms of product quality and transparency of production are rising. Their attention is increasingly focused on factors such as environmental protectionand social and employment standards along manufacturers’ supply chains. …
The fact is that every enterprise, through its business activity, has an influence on the living and working conditions of its employees, on its customers and suppliers, on the environment and on the wider economic context.”
Section 1: International Context and Domestic Consultative Process
Other international initiatives [page 11]
“The International Labour Organisation (ILO) Tripartite Declaration on Multinational Enterprises and Social Policy5 provides direct guidance to enterprises on social policy and inclusive, responsible and sustainable workplace practices. This global instrument was elaborated and adopted by governments, employers and workers from around the world in 1977 and revised in March 2017. Its principles are addressed to multinational enterprises, governments, and employers’ and workers’ organisations and cover areas such as employment, training, conditions of work and life, and industrial relations as well as general policies.”
Section 2: Current legislative and Regulatory Framework
Anti-Corruption [page 13]
“The most recent peer review of Ireland’s implementation of the OECD anti-Bribery Convention made a number of specific recommendations around awareness raising and reporting. Since that report, the Government has introduced the Protected Disclosures Act 2014 which provides a robust statutory framework within which workers can raise concerns regarding potential wrongdoing in the workplace. Ireland will continue to follow up the recommendations of the report to ensure that we fulfil our Convention commitments.”
Workers’ Rights [page 13]
“Ireland is strongly committed to the protection and promotion of both domestic and migrant workers’ rights through national and international legislation, with a robust body of employment rights legislation which provides employees with a means for redress in cases where their employment rights have been breached. In 2017, Ireland has taken up, for the first time, a Titulaire seat on the Governing Body of the International Labour Organisation (ILO). During its term, Ireland will maintain and promote its commitment to human rights and will work to enhance the profile of business and human rights in the framework of the ILO.”
Annex 1 – List of additional and ongoing actions to be carried out across Government
Development Cooperation [page 21]
“20. Promote the Inclusive Economic Growth policy priority set out in “One World, One Future: Ireland’s Policy for International Development”, by encouraging and supporting partner governments to ensure that business and economic regulation and legislation implements national and international commitments to human rights such as those relating to gender equality – in particular promoting women’s access to formal employment, decent work, and the rights of marginalised groups.”
“According to these premises, as well as in the framework of Italy’s constant commitment as a member of the Human Rights Council, the second Italian NAP-BHR intends to strengthen the application of the UNGPs through a series of complementary measures, referring in particular to the following guidelines:
– addressing issues and practices related to the protection of the environment, health, decent work and ‘Human Rights Defenders’, also in the face of the new challenges posed by the gig economy and in the context of the National Recovery and Resilience Plan (NRRP), in correlation with the challenges of multidimensional post-Covid-19 reconstruction” (p. 7)
II. Premises
a) Introduction
“A particular attention to BHR issues has been introduced in the Action Plan on Human Rights and Democracy 2020-2024, in the perspective of a wider process for the elaboration of a comprehensive EU framework dedicated to the implementation of the UNGPs. In the aforementioned document, the institutions commit themselves to conducting a dialogue with businesses in order to increase the level of protection and promotion of human rights, with the aim of combating corruption and introducing good practices in the area of corporate social responsibility, Due Diligence, accountability and access to remedy, and to fostering contacts and exchanges between businesses and civil society also in the area of women’s empowerment, sustainable development and decent work.” (p. 9)
“For a commitment to ‘Build Back Better’, it is necessary to strengthen measures to safeguard the rights and social protection of workers, especially female workers, together with greater use of financial assistance and tax relief measures.” (p. 10)
b) Italy and the United Nations Guiding Principles on Business and Human Rights (UNGPs)
“”The NAP addresses the issue of the negative impact of business activities on human rights and identifies specific commitments with the aim of effectively integrating the UNGPs into the national system and business activities” and introduces limited objectives and actions, with reference to the national context translated into the following priorities:
2. The fight against caporalato (especially in the agricultural and construction sectors) and forms of exploitation, forced labour, child labour, slavery and irregular work, with particular attention to migrants and victims of trafficking.” (p. 10)
c) National Priorities
“7. The protraction of planning and implementation of supervisory actions and information initiatives for the prevention of offences and the promotion of legality in the field of outsourcing of entrepreneurial activities and subcontracting chains, aimed at guaranteeing adequate protection for workers and effective awareness of their rights.” (p. 11)
IV. Italian ongoing activities and future commitments
Irregular work and the agricultural sector
“Law No. 199/2016 on combating caporalato in agriculture has already achieved significant results: the Italian Government aims to fully implement the law, not only to repress the phenomenon but also to prevent it, as well as to strengthen the Network of quality agricultural work. To this end, on 16 October 2019, the Inter-institutional Steering Committee on Caporalato was set up, whose work led to the approval of the Three-Year Plan (2020 – 2022) in February 2020. This plan develops the national strategy to combat caporalato and labour exploitation in agriculture and obtained the agreement of the Unified Conference in May 2020.
(…)
It provides for an implementation strategy articulated in three different phases: an initial phase of analysis of the phenomenon, followed by emergency interventions in the most critical areas and then a systemic action that embraces the entire national territory. The latter is structured on four priority axes that concern: (i) prevention, (ii) vigilance and contrast to the phenomenon, (iii) protection and assistance for victims, (iv) their socio-occupational re-integration. For each of these axes, the Plan identifies priority actions (in a total of 10 actions of which 7 are dedicated to prevention) that involve, in a multi-level governance setting, the different administrations at central, regional and local level. The thematic priorities of the Plan were entrusted to six dedicated Groups, which were joined over time by two additional technical groups committed, respectively, to the development of the information system on the agricultural labour market and to the protection, assistance and socio-occupational reintegration of victims, both coordinated by the Ministry of Labour and Social Policies.
In 2020 a new working group was created within the Committee coordinated by the Directorate General of Immigration and Integration Policies of the Ministry of Labour and Social Policies. It was dedicated to protection and first aid to victims of labour exploitation. The working group counts upon the collaboration of experts from the Department for Equal Opportunities of the Presidency of the Council of Ministers, ANCI Reception and Integration System (former SPRAR), the Directorate General for the fight against poverty 20 and social planning of the Ministry of Labour and Social Policies, Regions, ANPAL, INAPP, INL, IOM and Consorzio Nova. The work of the group, which started in December 2020, continued in the first half of 2021 and, in particular, 7 meetings were held which led, in line with the objectives of the Three-Year Plan, to the development of a draft of guidelines on the identification, protection and assistance of victims of labour exploitation and a proposal to amend the concerned legislation (Arts. 18 and 22 of Legislative Decree No. 286/1998). The Guidelines were officially presented to Committee in its meeting of 27 July 2021, obtaining broad consensus. The working group also started an in-depth analysis over forms of support and compensation provided in the current legislation and of additional measures that could be issued to promote better protection of victims of labour exploitation.
(…)
The National Institute of Labour (INL) has launched extraordinary surveillance campaigns based on a multi-agency approach in some areas of Southern Italy (only in the agricultural sector) and of Central and Northern Italy (mainly, but not only, in agriculture) where the phenomena of forced labour and labour exploitation of migrants are particularly present. In order to implement these projects, special task forces were set up consisting of local inspectors, Carabinieri from the Labour Inspectorate Units, inspectors from other territories, as well as the aforementioned cultural mediators. The inspections were 22 planned in coordination with local authorities (Public Prosecutor’s Office and Prefectures) and with other supervisory bodies involved from time to time (INPS, INAIL, State Police, GdF, ASL…). The presence of the IOM cultural mediators, moreover, favoured the establishment of a relationship of trust between the inspection bodies and exploited workers, promoting their cooperation and also ensuring the activity of taking charge and protection of potential victims for the purpose of their subsequent socio-occupational reintegration (also through the paths provided by Arts. 18 and 22 of Legislative Decree No. 286/1998 – Consolidated Immigration Act).
(…)
In 2020 the INL has significantly implemented its counteracting action on caporalato and labour exploitation. It has also implemented action 8 “Strengthening of surveillance activities and counteracting labour exploitation” of the Three-year Plan to combat labour exploitation in agriculture and caporalato (2020-2022) and of aforementioned project initiatives based on experimentational approach. In particular, the INL has carried out and coordinated extraordinary surveillance campaigns in some areas of Southern Italy (in the agricultural sector only, with the project Su.Pr.Eme (funded by the EU Commission and supported by the project PIU’ SU.PRE.ME, for an amount of about € 50 million for the implementation of interventions in Puglia, Campania, Basilicata, Calabria and Sicily) and Central Italy (mainly, but not only in agriculture, with the project A.L.T. Caporalato! project, financed by the Ministry of Labour and Social Policies for an amount of € 3 million for actions in the territories of central and northern Italy), where the phenomena of forced labour and labour exploitation of migrants are particularly diffused. In order to ensure the best possible organization of task forces in the geographical areas concerned, particular emphasis was placed on the activation of all useful coordination with the local Public Prosecutor’s Office and all appropriate institutional cooperation at territorial level with the Prefecture, the police and other supervisory bodies (INPS, INAIL and ASL). In order to ensure compliance with health and safety regulations and thus contribute to reducing the risk of accidents and preventing occupational deaths, all useful synergies have been activated within the Regional Committees pursuant to Art. 7 of the Consolidated Act No. 81/2008 and the Provincial Committees for the participation of ASL prevention technicians in the activities of the task forces. Finally, contacts were made with the IOM referents of each regional context and with the bodies and associations of the anti-trafficking network in territories involved to ensure timeliness and effectiveness of any interventions to take charge of and provide protection to victims of severe exploitation identified during the operations. According to collected data and constantly evolving, during 2020 in 44 weeks task forces took action in Basilicata, Campania, Calabria and Apulia Regions and in L’Aquila, Latina and Florence provinces: 758 inspections were carried out and 4,767 work positions were checked. As a result of the inspections (some of which are still in progress), to date, 1,069 workers have been identified as being involved in labour violations, 421 of whom were employed illegally, 205 potential victims of labour exploitation were identified and 22 perpetrators were reported to judicial authorities. INL inspection staff activities in the fight against caporalato and labour exploitation, despite difficulties due to the epidemiological emergency, have achieved the following results: – 478 offenders were referred to the judicial authorities, 61 of whom were arrested; – protection of 1,850 possible victims of the crime of caporalato and labour exploitation, 119 of whom are more exposed due to their non-EU citizenship status without a regular residence permit. In relation to the agricultural sector only: – 323 offenders were referred to judicial authorities, 43 of whom were arrested; – identification of 1,104 victims of exploitation, including 55 without a regular residence permit. The percentage of workers who are victims of labour exploitation in relation to the total number of irregular workers in the primary sector was by far the highest at 18.6%. On the other hand, taking as a reference the parameter of the number of irregular inspections defined in the year by the INL staff , in agriculture, an average of 37 exploited workers were found for every 100 inspected companies against which irregularities were contested. In 2021, in light of the significant results achieved the previous year also thanks to the extraordinary task forces of the two projects mentioned above, INL has further strengthened such inspection action on the territory through the scheduling of about 150 weeks of task force, with a commitment more than tripled compared to the 44 weeks of activities carried out in 2020. In addition, given the success of these experiences, on 11 March 2021 the INL and IOM signed a memorandum of understanding. Lasting two years, the memorandum is aimed at structuring the collaboration between the INL and IOM and extending multi-agency interventions to the whole national territory. It also takes into account the indications and objectives of the Three-Year Plan. On the basis of the lessons learnt, specific guidelines for the personnel employed in the surveillance operations on the territory are being developed within the Working Group coordinated by INL. (p.23)
Gender dimension
“Regarding gender leadership issues, the Task Force “Women for a New Renaissance”, established by the Ministry of Equal Opportunities and Family in 2020 to address the impact of Covid-19 on gender issues has produced a Final Report, based on quantitative data and qualitative scientific information on the impact of the pandemic in different sectors. Among the Task Force’s multiple proposals there are those ones targeted to:
– increase the proportion of women in all areas of employment;
– overcoming barriers to advancement in career paths, particularly in the fastest growing fields (STEM, computer science, cloud computing, data and artificial intelligence); – countering gender stereotypes that prevent women from achieving leadership responsibilities, in order to activate new energies and opportunities for all.
(…)
The National Recovery and Resilience Plan (PNRR) also addresses gender inequalities in a cross-cutting manner. In particular, the PNRR places three cross-cutting priorities alongside the three strategic axes shared at European level (digitalization and innovation, ecological transition and social inclusion). This includes the promotion of gender equality, with the aim of investing at least € 7 billion by 2026, to be used to ensure a level playing field in the labour market, close the gender pay gap and increase the number of women in positions of responsibility, ultimately including the presence of women in the political sphere.
(…)
Law No. 4 of 15 January 2021, ratifying and implementing the International Labour Organization Convention n. 190 on the elimination of violence and harassment in the workplace, represents an important evolution in the field of gender protection in the business context. Legislative Decree No. 81/08 and related Decree No. 106/09 had adequately covered safety issues in the workplace, but had not included the issue of harassment, which in fact is limited to occupational safety measures or to internal policies and voluntary practices of companies. In addition, to clarifying the scope of their application, measure 4/2021 provides for the adoption of an inclusive, integrated and gender-centred approach: the private sector, like the public sector, is therefore adopting concrete procedures and tools with the goal of combating violence and protecting employees through guidance and training on prevention.
With regard to gender discrimination in the workplace, territorial offices of the National Labour Inspectorate (INL), performing their supervisory activity, also carry out investigations in relation to equal opportunity regulations and the prohibition of gender discrimination in the workplace, including in terms of remuneration.” (p. 29)
Children’s and adolescents’ rights
“Italy also promotes “family friendly policies”, as national and corporate policies aimed at supporting workers in their role as parents/caregivers. On this issue, UNICEF has formulated some important indications on the best ways Governments and the private sector can build “family friendly” policies:
– encouraging employers to introduce gender-sensitive and inclusive paid leave entitlements, flexible working arrangements and childcare support systems;
– the introduction of paid parental, maternity and paternity paid leave in the early-birth period and for the first year of a child’s life; fair and gender-sensitive parental leave to ensure that no parent is overburdened by family care; leave available to all, both for full-time employees and those working part-time or under non-standard contractual arrangements; and financial coverage linked to birth care;
– childcare services made accessible by the end of parental leave, so that there is no gap in available support;
– quality childcare services, made accessible, flexible and affordable, available to all children, regardless of family circumstances;
– alignment of childcare services with other family support policies, such as universal family allowances, to reduce the risk of existing inequalities in access to public childcare facilities.” (p. 40)
The principle of Diversity management in the business context
“In general, the issue of inclusion of vulnerable people in the workplace and the promotion of diversity management is a strategic line of action under the mandate of the National Anti-Racial Discrimination Office (UNAR).
With reference to the adoption of National Plans and Strategies, in coherence with the European indications, UNAR started consultation processes involving administrations at central, regional and local level and third sector representatives for the elaboration of the following documents:
– the National LGBTI Strategy; – the National Plan against Racism, Xenophobia and Intolerance;
– the National Strategy for the Inclusion of Roma, Sinti and Caminanti.
These Plans and Strategies will foresee, with reference to their respective priority axis “Work”, concretely achievable objectives and actions specifically aimed at the protection of human rights through the promotion of diversity management in the workplace and the sharing and dissemination of good corporate practices.
(…)
On this matter during 2020 the INL inspection staff implemented, as usual, initiatives for the prevention and promotion of legality, through the organization of specific information meetings, pursuant to Art. 8, paragraph 1, Legislative Decree No. 124/2004. It also deals with equal opportunities and combating discrimination in the workplace. Such regulation is among the competences of Labour Inspectorates at the local level. Through their own inspection staff, they can organize specific events with the purpose of guaranteeing and assuring proper compliance with labour regulations and social security and assistance measures, focusing on the social relevance as well as on legislative and interpretative innovations from Administrations.
(…)
With reference to the need to draw attention to impacts of business activity on family life and children’s rights, the Department for Family Policies published the new public call “#Conciliamo”, amounting to € 74 million, on 8 November 2019 for family-work reconciliation projects by companies, networks and groups of associated or controlled companies. Available funds will be used for interventions that promote a welfare tailored to families and to improve the quality of life of working mothers and fathers. The call has several specific objectives: the demographic revival, increase in female employment, rebalancing of workloads between men and women, support for families with relatives with disabilities, health protection, combating the abandonment of the elderly. Participation has been opened to companies referred to in Arts. 2082 and 2083 of the Civil Code, as well as networks and groups of related or controlled companies.” (p. 41)
Public Procurement
“Legislative Decree No. 50/2016 (Public Contracts Code) has transposed 2014 EU Directives in force in this field: basic principles are aimed at guaranteeing access to and the conduct of decent work, respect for social and labour rights, as far as SMEs’ participation in public contracts.” (p. 48)
Fight against corruption
“In Italy Whistleblowing was introduced by the anti-corruption law (Law No. 190 of 6 November 2012, “Provisions for the prevention and repression of corruption and illegality in public administration”), adopted in compliance with recommendations and conventional obligations emanating from the UN, OECD, Council of Europe and European Union. This law provides for a system of enhanced protection for public employees who report unlawful conducts. Law No. 179 of 30 November 2017 strengthened the preexisting whistleblower protection for public employees and partially extended the same protection to the private sector.” (p. 50)
Internationalization of companies
“In compliance with Law No. 125/2014, which therefore considers companies as subjects of cooperation, the adherence of the company to the Global Compact has been made a mandatory prerequisite for participation to Profit Call published by the Italian Agency for Development Cooperation and dedicated to Italian and European companies for the implementation of innovative and sustainable business initiatives to be carried out in Developing Countries.
In order to participate in the above-mentioned Call, companies must have formally adhered to the 10 UN principles of the Global Compact and the UNGPs. Formal adherence to the principles of the UN Global Compact such as those relating to respect for human rights, workers, environmental protection and the fight against corruption, is a necessary requirement not only for sustainable economic growth, but also for the affirmation of democratic and participatory principles and the elimination of discrimination and inequality.
Attention to human resources and compliance with local regulations on worker safety are relevant and qualifying elements in the evaluation of Profit Initiatives in order to ensure respect for workers’ rights, environmental and health standards and human rights. In the Call for Proposals, it is explicitly provided that the implementation of the interventions must take place in compliance with the principles and aims of Law No. 125/2014, international standards on human rights, decent work, social responsibility and environmental protection, as well as the rules on public contracts and, in particular, the Public Contracts Code.” (p. 54)
ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP
“2. Update the implementation assessment information of Legislative Decree No. 231/2001 in order to evaluate its extension in terms of objectives and application of the administrative liability of legal persons, and to pursue the following objectives in this area:
– the fight against the crisis and the rate of unemployment suffered by economic sectors most affected by measures to counter the epidemic emergency (catering and the gastronomic sector; tourism/hotel sector; small businesses/individuals in the craft and retail sectors of Made in Italy);
– the implementation of inclusion policies that enhance the value of the human being coming from the most socially fragile contexts, with particular reference to the contribution offered by female population, through its full involvement in management and in social recovery of the assets in question” (p. 61)
“3. Strengthen the role of competent bodies and inspection activities in combating and controlling the emergence of irregular work and caporalato, pursuant to Art. 103 of the “Relaunch” Decree-Law No. 34 of 19 May 2020 (“Emergence of labour relations”)” (p. 61)
“4. Ensure the full implementation of the Three-Year Plan to Combat Labor Exploitation in Agriculture and Caporalato 2020-2022.” (p. 61)
“5. Develop new coordination measures in the activities of prevention and control of the phenomenon of irregular work and to encourage the operation of the “Network of quality agricultural work”.” (p. 61)
“6. Ensure full implementation of the National Action Plan against Trafficking and Serious Exploitation of Human Beings.” (p. 62)
“8. Continue to implement the provisions contained in the Second Disability Action Programme, with particular reference to line 5 “Labour and Employment” and to provisions concerning the definition of support measures and a system of incentives for first and second level bargaining over flexibility, part-time work and work-life balance for persons with disabilities or serious and chronic progressive illnesses or caregivers of persons with serious disabilities.” (p. 62)
“9. Promote the employment inclusion of persons with disabilities with attention to persons with disabilities with more severe disabling conditions.” (p. 62)
“11. Promote in a strengthened way women’s leadership and women’s empowerment in the business sector, through an effective implementation of Law No. 120/2011, and to strengthen measures to prevent gender discrimination in the workplace – depending on the better implementation of Law No. 4 of 15 January 2021 of ratification of the International Labour Organization Convention No. 190 on the Elimination of Violence and Harassment in the Workplace. To this complex end, further actions will be promoted to:
(i) certify equality for companies through the definition of a simple, fast, streamlined and objective tool that measures the situation of staff according to different factors (recruitment, remuneration, career development), capable of stimulating change and having an impact on the entire productive and social system;
(ii) assess the gender impact (ex-ante and ex-post) in all business processes, in particular with regard to corporate restructuring processes (relevant for safeguarding gender balance in the post-Covid phase);
(iii) to promote transparency measures provided for in current legislation on compliance with gender equality rules by companies and public bodies.” (p. 62)
“13. Consolidate the commitment made at the national level with respect to international standards, in particular the Protocol relating to ILO Convention on Forced Labour of 2014 and Recommendation CM/Rec(2016)3 (monitoring) adopted by the Committee of Ministers of the Council of Europe with reference to business and human rights.” (p. 63)
“14. Update the information on the current legislative framework to combat illegal work and labour exploitation in the agricultural, construction, manufacturing and service sectors.” (p. 64)
“21. Reaffirm as a priority the elimination of all forms of exploitation of child labour in Italy and with reference to the economic activities of Italian companies abroad, as provided for by the relevant ILO Conventions; to this end, encourage the dissemination among companies of initiatives aimed at increasing attention on impacts of business activities on children’s rights and on the need for the inclusion of adequate remedies and mitigation measures as per the risk of violation of such rights. The inclusion of children’s rights in business practices includes: the provision of “family friendly policies” designed to support workers in their role as parents/caregivers (smart working, paid parental leave, social protection and adequate wages for all); the introduction of measures to monitor the presence of minors in the workplace; the adoption of Child Safeguarding Policies/Codes of Conduct to foresee, report and take charge of potential risk situations for minors who come into contact with the company; the provision of security guarantees for digital environment (data protection, access to age-appropriate content, privacy protection).” (p. 64)
“22. Encourage businesses in the dissemination of a culture of non-discrimination by:
(i) the promotion of agreements/protocols of understanding with trade unions and employers’ organizations for common and synergic actions to prevent and combat forms of discrimination in the workplace and for the full inclusion of workers;
(ii) the collection of statistical data on discrimination in employment and diversity management practices in Italian companies;
(iii) the promotion of good inclusive practices in the workplace;
(iv) the promotion of socio-occupational inclusion of transgender people, also through information, training, accompaniment and support to self-entrepreneurship;
(v) the promotion of an action to involve Italian companies, in line with UN Standards Standards of Conduct for Business on Tackling Discrimination against LGBTI people, in order to prevent and countering discriminatory behaviors and conducts against LGBTIQ+ persons and ensuring the full enjoyment of their rights;
(vi) the promotion of socio-occupational inclusion of Roma, Sinti and Caminanti people in precarious socio-economic conditions also through actions aimed at starting employment diagnoses, planning of personalized support towards training and employment, promotion of active social policies to encourage participation in the labour market as well as opportunities and strategies for the development of entrepreneurial initiatives (such as, for example, accompaniment and support for business start-up and/or repositioning of economic companies operating in critical sectors)
(vii) the promotion of entrepreneurial policies and good practices on inclusion and diversity management, entailing the implementation and reporting of the Charter for Equal Opportunities and Equality at Work.” (p. 65)
“23. Monitor the application of artificial intelligence in the workplace (e.g. recruitment mechanisms) for the purpose of assessing impact on human rights in terms of inclusion and non-discrimination.” (p. 65)
“50. Contribute, through exchange with governments and social partners, to good practices and common strategies to support the application of Due Diligence mechanisms in the debate on “Decent Work in the Global Supply Chain” promoted by ILO.” (p. 68)
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: (1) freedom of association and the effective recognition of the right to collective bargaining; (2) the elimination of all forms of forced or compulsory labour; (3) the effective abolition of child labour; and (4) the elimination of discrimination in respect of employment and occupation. For example, protection and promotion of the rights of workers are promoted through labour related legislation applicable to workers regardless of nationality, race, and ethnicity such as: the Labour Standards Act (Act No. 49 of 1947); the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947); the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972); and the Mariners Act (Act No. 100 of 1947).
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
Along with globalization, increasing attention has been brought to the treatment of foreign workers. Appropriate implementation of the Technical Intern Training Program and protection of technical intern trainees are being promoted based on the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Technical Intern Training Act) (Act No. 89 of 2016) enacted in November 2017 as well as on bilateral agreements with sending countries.
(Future measures planned)
(a) Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)
Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]
Make continued and sustained efforts to pursue ratification of the fundamental ILO conventions and other ILO conventions that are considered appropriate to ratify. [Cabinet Secretariat, National Personnel Authority, Ministry of Internal Affairs and Communications, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism, Ministry of Defense]
(b) Reinforce measures against harassment
Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare
(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees
To employers of foreign workers, disseminate and raise awareness on compliance with labour laws and the Guidelines for Employers to Improve the Management of Employment of Foreign Workers (Public Notice of the Ministry of Health, Labour and Welfare No. 276 of 2007) through seminars and other measures. [Ministry of Health, Labour and Welfare]
Continue to implement multi-lingual services for foreign workers at Prefectural Labour Bureaus, Public Employment Security Offices, and Labour Standards Inspection Offices. [Ministry of Health, Labour and Welfare]
The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]
(2) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Future measures planned)
(…)
(d) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(…)
(f)Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
(…)
(h)Support initiatives by international organizations overseas
Continue to provide support for efforts, including voluntary contributions to the ILO, such as promoting decent work of workers at the lower tiers of global supply chains and disseminating good practices discovered through those activities. [Ministry of Health, Labour and Welfare, line Ministries]
(3) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
(…)
D. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
(…)
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.6 Labour [Pages 12-13]
The Kenyan labour market is highly informal. As at 30th June 2019, 83% of the working population was in the informal sector5 . In 2019, male employees accounted for 64.5 per cent of the total wage employment in the modern sector. Majority of female employees were working in Education, Agriculture, forestry and fishing, Public administration and defence. Overall, casual employment registered a growth of 6.0 per cent and accounted for 23.4 per cent of the total wage employment (KNBS, 2020). Casual workers have less protections under the labour laws such as the right to collective bargaining or paid leave. The ILO refers to this as casualization of labour and has expressed concerns in the increasing use of casual labour in formal employment. While the current NAP has no specific actions on the informal sector, it is important to formulate policies for the proper oversight of this sector.
It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The SDG targets include: 1.3 (improve nationally appropriate social protection systems for all, particularly the poor and vulnerable); 2.3 (double the agricultural productivity and incomes of small[1]scale food producers, in particular women, indigenous peoples, family farmers, pastoralists and fishers); 4.5 (eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations); 5.2 (eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation); and 8.5 (achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value). Others are 8.8 (protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment), and 16.2 (end abuse, exploitation, trafficking and all forms of violence against and torture of children).
Article 41 of the Constitution of Kenya guarantees every person the right to fair labour practices, and confers specific rights on workers, employers and trade unions and employers’ organisations. Every worker is entitled to fair remuneration, reasonable working conditions, the right to join and participate in the activities of a trade union and go on strike as a means of advocating for their labour-related rights. Employers are entitled to form and join employers’ organisations and participate in such organisations’ programs. Trade unions and employers’ organisations are entitled to organise and form new or join existing federations. Other constitutional rights related to labour include Article 30 which prohibits slavery, servitude and forced labour and Article 27 which guarantees equality and freedom from discrimination, specifically including the equal rights of women and men to opportunities in the economic sphere and the dictate that no person shall discriminate against another person directly or indirectly on grounds including sex, health status, religion, ethnic origin, disability and social origin.
Several statutes give effect to these labour-related constitutional guarantees, including those dealing with labour disputes, working conditions and protection against discrimination. Some of the critical statutes are the Occupational Safety and Health Act, 2007, the Employment Act, 2007, the Labour Relations Act, 2007, Childrens Act, 2001,HIV& AIDS Prevention and Control Act, 2006 and the Sexual Offences Act, 2006. During the stakeholders’ consultation the following concerns were identified:
Sexual harassment is widespread and underreported with women being the majority of victims- fear of job loss being a major factor in the reluctance to report. Furthermore there is low enforcement of the Sexual Offences Act, 2006;
Lack of access to maternity and paternity leave. While the law provides and protects both maternity and paternity leave, not all workers in the private sector are able to access this benefit for fear of job loss. Once again, enforcement of the law in this respect remains weak;
Low level of awareness on labour rights among workers (mostly women in low income or low skilled jobs) and employers;
Lack of effective regulation of recruitment agencies for migrant workers;
Lack of publicly available statistics disaggregated by sex and other vulnerabilities that could be useful in addressing sex and other forms of discrimination in the workplace; and,
Lack of effective remedies for victims of labour-related grievances resulting in high prevalence of unresolved labour-related grievances. A weak enforcement mechanism, in particular inadequate number of state labour inspectors and the lack of effective operational level grievance mechanisms were also cited as contributing factors.
2.7 Access to Remedy
[T]here are a number of legislative provisions regulating business conduct to protect those within Kenya’s jurisdiction from business-related human rights violations. Protection against discrimination on the ground of HIV/AIDS status, for example, covers those in employment. The same applies to the protection of discrimination against persons with disabilities, women and marginalised groups.
CHAPTER THREE: POLICY ACTIONS
3.1. Pillar 1: The State Duty to Protect [Pages 16-17]
Policy Actions
The Government will:
i. Ensure continuous training for government agencies’ workers involved in the promotion and regulation of businesses on the State’s human rights obligations and the nexus to their various mandates and functions;
vii. Sensitise relevant sections of the public especially women and other marginalised and minority groups on –
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards;
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Page 19]
Policy Actions
b) Human Rights Policy commitments
ii. Encourage recruitment agencies to provide any required repatriation, legal and psychological support to migrant workers who have suffered or been subjected to abuse abroad;
3.3 Pillar 3: Access to Remedy [Page 20]
According to the UNGPs, State-based judicial and non-judicial mechanisms should be the primary avenue for accessing remedies by victims of corporate abuses. However, victims should also have access to operational-level grievance handling mechanisms established by businesses, where workers, local communities and civil society advocates acting on behalf of individuals and communities negatively impacted by businesses may lodge their complaints and receive a just outcome such as compensation, guarantee of non-repetition by the offender, apology, restitution and rehabilitation.
CHAPTER FOUR: IMPLEMENTATION AND MONITORING
ANNEX 1: SUMMARY OF POLICY ACTIONS
Strategic Objective
Policy Actions
Key Actors
Strategic Objective 1: Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business
Ensure continuous training for government agencies’ workers involved in the promotion and regulation of businesses on the State’s human rights obligations and the nexus to their various mandates and functions.
KSG, OAG&DOJ, KNCHR, KEPSA, KAM
Strengthen the labour inspectorate department to enable it effectively carry out its mandate.
Ministry of Labour and Social Protection
Strengthen oversight mechanisms of recruitment agencies involved in the recruitment of Kenyans for employment in businesses abroad.
Take appropriate measures to promote safe and fair labour migration including agreements on free exchange of information, and more stringent regulation of employment agencies and explore measures for providing legal and psychosocial support services to victims of labour abuse
Ministry of Foreign Affairs, Ministry of Labour and Social Protection; National Employment Authority, COTU, FKE
Sensitise relevant sections of the public on:
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards.
Ministry of Lands& and Physical Planning, Ministry of Labour and Social Protection, Ministry of Environment and Forestry, NEMA, NLC
Strategic objective 2:
Enhance understanding of the obligation of business to respect human rights
Encourage recruitment agencies to provide any required repatriation, legal and psychological support to migrant workers who have suffered or been subjected to abuse abroad.
Ministry of Foreign Affairs, OAG&DOJ
Strategic Objective 3: Enhance access to justice or victims of business[1]related human rights abuses
Improve access to the Human Rights Division of the High Court, Employment and Labour Relations Court and the Environment and Land Court to ensure that they are accessible avenues for remedying business-related human rights abuses.
Judiciary
Increase the capacity of the labour inspection department to handle labour-related grievances.
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
(…)
1.11. Consider ratification of the 2014 Protocol (P29) to the ILO Forced Labour Convention
Context
The Protocol provides for access to appropriate and effective remedies and redress mechanisms, such as compensation for victims. It also strengthens international cooperation in the fight against forced or compulsory labour. The protocol emphasises the role of employers and workers in the fight against forced labour.
Objectively verifiable indicators
× Benchmark: NAP 1
Verification sources
× NAP 1 Implementation Report
× Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results
× Ratification of the Protocol
Implementation timeline
As soon as possible
Means of implementation
× MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations
The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.
CHAPTER II. Actions to improve the duty of the state in protecting human rights
1. Become a party to the international convention.
Actions and measures to be implemented:
Become a party to the International Labour Organisation (ILO) Convention No. 190 on the Elimination of Violence and Harassment in the Workplace.
Time frame: 2023-2025
Criteria: A study will be carried out and the decision will be made on becoming a party to the convention.
Implementing organisations: Ministry of Labour and Social Protection (MLSP)
Jointly implementing organisations: Ministry of Foreign Affairs (MFA), Relevant governmental organisations, Confederation of Mongolian Trade Union (CMTU)
6. Improve occupational safety and health requirements and standards.
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations of ILO Convention No. 155 on Safety and Health at Work, ILO Convention No. 176 on Safety and Health in Mines and ILO Convention No. 167 on Safety and Health in Construction and take measures to bring relevant laws and regulations into conformity with these Conventions.
Time frame: 2023-2024
Criteria: The compatibility of national laws and legislation with the relevant conventions is examined and appropriate conclusions and proposals are made. Draft amendments to relevant laws and legislation shall be prepared and submitted for approval.
Implementing organisations: MLSP [Ministry of Labour and Social Protection], MMHI [Ministry of Mining and Heavy Industry], MCUD [ministry of Construction and Urban Development]
Jointly implementing organisations: MFA [Ministry of Foreign Affairs], MoH [Ministry of Health], AGS [Authority of Government Supervisory], Relevant agencies
7. Enforce the implementation of legislation prohibiting forced labour and the worst forms of child labour.
Actions and measures to be implemented:
Verify that national legislation fully reflects the provisions and obligations of ILO [International Labour Organisation] Convention No. 29 on Forced Labour and ILO Convention No. 105 on the Abolition of Forced Labour and take measures to bring relevant legislation into conformity with these Conventions.
Time frame: 2023-2024
Criteria: The compatibility of national legislation with the applicable Conventions will be examined and appropriate conclusions and recommendations are made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
Implementing organisations: MLSP [Ministry of Labour and Social Protection]
Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs [International organisations].
Identify child employment violations in workplaces where the employment of minors is prohibited, conduct regular inspections and take action to eliminate violations.
Time frame: 2023–2027
Criteria: Monitoring and inspections will be carried out to eliminate the violations.
Implementing organisations: MLSP, Monitoring unit of the relevant ministries, Family, Child, and Youth Development Agency (FCYDA).
Organise activities to raise awareness and understanding among employers and workers about forced labour, the worst forms of child labour and their abolition.
Time frame: 2023–2027
Criteria: Activities to raise awareness and understanding will be planned and organised in phases
Implementing organisations: MLSP, FCYDA
Jointly implementing organisations: Relevant ministries and agencies, MNCCI [Mongolian National Chamber of Commerce and Industry], MEF [Mongolia Economic Forum], CMTU [Confederation of Mongolian Trade Union], NGOs.
8. Eliminate discrimination in respect of employment and occupation, guarantee the right to a living wage adequate for a decent standard of living and the right to freedom of association
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations under ILO Convention No. 100 on Equal Remuneration, ILO Convention No. 111 on Discrimination (Occupation and Employment) and Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and take measures to bring relevant laws and legislation into conformity with these Conventions.
Time frame: 2023–2025
Criteria: The compatibility of national legislation with the applicable Conventions is examined and appropriate conclusions and recommendations will be made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
Implementing organisations: MLSP [Ministry of Labour and Social Protection].
Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.
As part of the implementation of Article 103.2.1 of the Labour Code (revised edition), carry out the regular survey of the salary structure, develop a methodology to determine and adjust salaries to fairly and adequately reflect the cost of living (increase in line with inflation), take measures to introduce, promote and implement this in policy.
Time frame: 2023-2024
Criteria: A study shall be conducted and the methodology for adjusting and setting the salary to the cost of living shall be developed and adopted. Measures will be taken to promote and implement the methodology.
Implementing organisations: MLSP, Tripartite National Committee for Labour and Social Partnership, Institute for Labour and Social Protection Training, Assessment and Research
Jointly implementing organisations: SMEA [Small and Medium Enerprise Agency], MNCCI [Mongolian National Chamber of Commerce and Industry], Mongolian Employers’ Federation (MONEF), CMTU.
Following the Labour Code (revised edition) and in line with the objective of ensuring the right to freedom of association and collective bargaining in the field of employment and labour relations, we develop and promote methods and policies, raise awareness among employers and workers and enhance their roles and responsibilities, and organise activities to support their cooperation. Receive and process complaints and feedback on violations of the right to freedom of association and collective bargaining and provide advice.
Time frame: 2023-2027
Criteria: Methodology and guidelines will be developed and adopted. Actions to promote legislation, guidelines and methodology, raise awareness and understanding, build capacity, improve duties and responsibilities and support cooperation will be planned and implemented in several phases. The service for registration and advice on complaints and feedback on this issue will be improved.
Implementing organisations: MLSP [Ministry of Labour and Social Protection], NHRCM [National Human Rights Commission of Mongolia], NGOs
Jointly implementing organisations: Governors of all levels, MNCCI, MONEF [Mongolian Employers’ Federation], CMTU
Create the conditions for trade union committees to work independently and impartially, organise multilateral debates, make findings and proposals, and take action to amend the Mongolian People’s Republic Law on the Rights of Trade Union adopted in 1991.
Time frame: 2023-2024
Criteria: Discussions and consultation meetings will be organised and joint recommendations will be issued. Subsequently, draft legislative amendments will be prepared and submitted for approval.
Implementing organisations: MLSP
Jointly implementing organisations: Relevant ministries and organisations, governors of all levels, MNCCI, MONEF, CMTU, Professional associations
Conduct comprehensive assessment on the employment of specific groups at high risk
Time frame: 2023-2025
Criteria: Assessment will be carried out in phases. Measures to implement will be established.
Implementing organisations: MLSP
Jointly implementing organisations: Relevant ministries and organisations, Governors of all levels, CMTU,
13. Raise awareness and understanding of employment and build capacity.
Actions and measures to be implemented:
Organise training and activities to raise awareness and understanding of workers’ legitimate rights, safety at work, the right to organise and social security, and involve the media.
Time frame: 2023 – 2027
Criteria: Training and activities to increase awareness and understanding are organised in several phases. The information and recommendations will be disseminated through the media.
Implementing organisations: MLSP, SIA [Social Insurance Agency], CMTU, NGOs
Jointly implementing organisations : Governors of all levels, Media Council of Mongolia (MCM)
Train and build the capacity of lawyers to provide specialised legal assistance in the area of employment and industrial relations.
Time frame: 2023-2027
Criteria: Training and capacity building for lawyers and advocates providing specialised legal assistance is organised in several phases.
Implementing organisations: MLSP
Jointly implementing organisations: MoJHA [Ministry of Justice and Home Affairs], Mongolian Bar Association (MBA), Association of Mongolian Advocates (AMA), CMTU
CHAPTER FOUR – Actions to provide remedy for human rights violations, enhance the legal framework for compensation, and improve their effectiveness
1. Improve the system and mechanisms for preliminary hearings to resolve labour disputes.
Actions and measures to be implemented:
Conduct multifaceted activities to raise awareness among employers, workers and citizens on the mechanisms for resolving disputes over workers’ interests and rights, including labour mediators, labour arbitrators, workers’ rights dispute resolution commissions, tripartite workers’ rights dispute resolution committees at the soum and district levels and their procedures, and assist in their implementation.
Time frame: 2023-2024
Criteria: Training and promotional events will be planned and organised in several phases. Information will be disseminated via electronic means (e.g. telephone applications).
Implementing organisations: MLSP, Governors of all levels, NGOs.
Jointly implementing organisations: Relevant ministries and organisations, SMEA, MONEF, state and locally-owned enterprises.
(…)
5. Enhance the legal framework related to compensation of damages
Actions and measures to be implemented:
To improve the knowledge and understanding of employers and workers in relation to compensation for occupational accidents, acute poisoning and occupational diseases under the Labour Code and the Law on Pensions and Benefits provided by the Social Insurance Fund.
Time frame: 2023-2025
Criteria: The awareness raising measures will be conducted in phases.
Implementing organisations: MLSP
Jointly implementing organisations: SMEA, CMTU, MNCCI, MONEF, state and locally owned enterprises, NGOs
Organize information sessions and promotional events on employer’s liability insurance and its importance.
Time frame:2023-2024
Criteria: Information and promotional events will be organized in phases.
Improve the legal provisions for calculating damages and conduct research and draw conclusions on the valuation of lost profits from livestock farming, which is the main form of economic subsistence and livelihood for rural people, as economic damages.
Time frame: 2023-2025
Criteria: A study will be conducted and conclusions and proposals will be advanced.
Inclusion of ‘business and human rights’ in the Netherlands’ national policy
Labour market policy and employment law
“Human rights violations by businesses, including violations of labour rights, persist in the Netherlands, despite existing policy instruments aimed at preventing them. Although Dutch foreign policy considers violations of labour rights to be a human rights matter, NBA researchers concluded that within the Netherlands the issue is seldom viewed from the perspective of human rights and is more frequently approached in the framework of employment legislation and collective labour agreements. In many cases, human rights obligations are implemented at national level through employment law. This is also how the NAP approaches this issue.” p. 26
Inclusion of ‘business and human rights’ in the Netherlands’ national policy
Combating abuse of migrant workers
“Migrant workers make a major contribution to the local and national economy. Various sectors, including agriculture and horticulture, construction and logistics, are dependent on migrant labour. Migrant labour will continue to be important to the Dutch economy and society in the coming years.
However, the COVID-19 pandemic has painfully exposed how many violations migrant workers still have to contend with. Examples include substandard housing, underpayment and unhealthy and unsafe work − all areas in which workers’ dignity is undermined. These are often exacerbated by multiple forms of dependency on employers including, for example, the workers’ irregular status, compulsory accommodation and accumulated debt. Female labour migrants face additional risks such as domestic and sexual violence. That is why in 2020 the Dutch government set up the Migrant Worker Protection Task Force. Headed by Emile Roemer, the Task Force aimed to make recommendations for the structural improvement of migrant workers’ living and working conditions and on reducing their dependence on their employer. This will facilitate better protection of their human rights including the right to fair employment conditions and the right to protection from unemployment. The Task Force made 50 recommendations on how to improve the position of labour migrants. Full implementation of the report should make a valuable contribution to business and human rights, with the mandatory certification of employment agencies being particularly significant.
The government seeks to exclude employment agencies which exploit labour migrants from the market. The Task Force report also states that the interdependence between housing, work, transport and care must cease. Because health insurance is often arranged through the employer, if a worker loses their job they also lose access to insurance. The fact that the employer or employment agency is also the landlord can lead to excessive dependence, with an employee possibly forced to leave their place of residence when their job ends. As agreed in the coalition agreement ‘Looking out for each other, looking ahead to the future’, the government is elaborating plans for the compulsory certification of employment agencies that proves that they comply with all relevant legislation and that they deal properly with issues such as appropriate remuneration and housing. The specific substance of these requirements and the certification system to be established will be worked out in consultation with social partners. To be a success, the compulsory certification system will require extra investments targeted at enforcement and monitoring. The details of a compulsory certification system will be shared with the House of Representatives in mid-2022. The Task Force further specifically recommends that labour users working with foreign employees should be transparent about this in their annual report.
A serious problem in tackling labour exploitation is the grey area between poor employment practices and human trafficking. In order to expedite the prosecution of perpetrators of human trafficking, including labour exploitation, the coalition agreement foresees modernising article 273f of the Criminal Code. One of the aims is to make the entire system more accessible and to increase criminal liability for labour exploitation.” pp. 26-27.
ACTION POINTS PILLAR I
Aim
Responsible party
Timeline
Combating Abuse of Migrant workers
Implement report by Migrant Worker Protection Task Force.
Prevent abuse of migrant workers.
SZW (coordinating ministry); Interministerial Project Team on Migrant Workers leads and monitors.
Annual report on EU labour migration to House of Representatives, reporting on progress on the various recommendations, each with its own timeline.
Modernise article 273f of the Criminal Code
Improve prosecution of perpetrators.
J&V (coordinating ministry for whole of article 273f); SZW responsible for tackling labour exploitation.
The House of Representatives will be informed in the summer of 2022.
p. 28
Protecting human rights defenders
“The work of human rights defenders is vital to the protection of human rights. Examples include trade union leaders fighting for workers’ rights…
Through the Power of Voices (PoV) partnerships the Netherlands also supports human rights defenders who highlight business-related violations of labour and environment rights or who identify investments which have a negative impact on people and their environment. …” Pp 38 and 39.
Development cooperation
Sustainable trade with and investment in developing countries
“The interests and specific circumstances of developing countries must be taken into account when drafting national, European and international agreements aimed at improving the sustainability of trade and investments. Examples include … labour …. The cornerstone of this is to determine the development impact of efforts to make trade and investment more sustainable, especially the impact on vulnerable groups such as indigenous peoples, small-scale producers, workers and agricultural labourers, with a particular focus on women and young people. This should reinforce the efforts’ positive effects and, as far as possible, prevent and mitigate any negative side effects. Developing countries receive several forms of support. … Second, Dutch civil society organisations such as trade unions and employers’ organisations receive funding to, on the one hand, strengthen sister organisations in developing countries (for example through dialogue with other local stakeholders) and, on the other, to advocate at international level the interests of, in particular, small-scale producers and workers. Third, a range of Dutch and international implementing organisations make efforts to improve the business climate and supplementary government policy in developing countries, focusing particularly on SME producers as the ones playing the most significant role in poverty alleviation. Examples include providing access to financial services, improving infrastructure and building capacity for entrepreneurs and their trade associations. Fourth, efforts are made to increase the sustainability of international value chains by working jointly with businesses, civil society organisations and other levels of government on improved procurement practices and new revenue models with a focus on work, a living wage and income, land rights and land use and the elimination of child labour.” p.46.
The Trade Union Cofinancing Programme for Decent Work for All
One of the most important goals of trade unions around the world is decent work for all (SDG 8). Mondiaal FNV, the international arm of the Dutch Trade Union Confederation FNV, collaborates with the Ministry of Foreign Affairs to implement the Netherlands’ Trade Union Cofinancing Programme (VMP). With Dutch government financing, Mondiaal FNV supports trade unions in the Global South, for example in participating in social dialogue. This strengthens trade unions’ mandate to negotiate employment conditions on behalf of employees and with employers and governments on legislation. An essential precondition for decent work is that trade unions can organise freely and are recognised as a negotiating partner by employers and governments. The VMP promotes respect for the right to organise by working with local partners and other actors in areas where this democratic freedom is not respected. Examples include the VMP’s contribution in Ghana to research and to bolstering the Ghana Trades Union Congress, resulting in social dialogue with the government and employers; social dialogue in Rwanda resulting in the introduction of certificates recognising work experience, thus enabling low-skilled workers in the construction industry to improve their career prospects; and the important role played by trade unions in Ethiopia in drafting the first minimum wage law. In addition to engaging in social dialogue, trade unions stand up for individuals, for example in cases of sexual intimidation and dismissal or threats of dismissal due to trade union membership. Unions also champion the right to collective bargaining at company and industry level, and defend victims of unsafe working practices on palm oil plantations and in the construction industry. In addition, Mondiaal FNV works with partners in value chains, for example through the RBC agreements.” p.47.
Pillar III
Strengthening civil society
“CNV International and Mondiaal FNV (the international arms of Dutch trade union federations) are supporting workers’ organisations so that complaints can be lodged and dealt with as locally as possible.” p.69.
The Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.
8.6 CHALLENGES “a. Casualisation of employment, especially in the oil and gas sector, as well as the telecommunications, banking and financial services sectors. b. Contradictions in the provisions of Nigerian Labour Act with regards to freedom of discrimination on basis of sex at place of employment as provided by Section 42 of the Nigerian Constitution. … g. Challenges regarding Freedom of Association under the Trade Union (Amendment) Act, 2005. … m. Businesses not taking the Local Content Act 2010 into consideration in their employment process. n. Certain laws on business and employment being obsolete and not aligned to international standards is listed as one of the challenges in paragraph 8.6. … q. Lack of inclusive security coverage for every entity in the business value Chain including business facilities, employees, suppliers, contractors, infrastructure and the community.” (p.154-155)
PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS ACTIONABLE ITEMS B. LEGISLATION AND POLICES “Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways: … d. Review the Trade Union Act (2005) to address the challenges of freedom of association, the rights to collective bargaining and the right to strike actions. e. Enact Whistleblower Protection Laws at the Federal and State levels to protect whistleblowers from any form of victimization or retaliation and encourage employees of both public and private sectors to report cases of human rights abuses and violation without fear of losing their jobs.” (p.157)
F. ENVIRONMENT “When acquiring land for development or business, government must ensure the conduct of human rights conflict and environmental impact assessment.
In respect of environmental hazards and workplace safety, there will be periodic monitoring and inspection of company premises, operations and surroundings of manufacturing, construction, and extractive industries among others to ascertain their compliance with environmental standards.
G. EMPLOYMENT In relation to employment, the National Working Group on Business and Human Rights will develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child labor. In doing so, the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.
H. CASUALIZATION OF CONTRACT OF EMPLOYMENT The Ministry of Labour and Employment should take steps to curb the incidence of Casualisation in labour as well as hazardous workplace practices. Accordingly, it should strengthen its monitoring and implementation processes to give effect to applicable laws. Where the laws are not in compliance with human rights standard, they should be reviewed. Adequate education of the public should be carried out to empower them to demand for a letter of contract/engagement from employers irrespective of the nature or duration of the engagement.
I. GENDER There will be deliberate measures to mainstream gender considerations in Business and Human Rights. Government and Business should ensure that in the award of scholarship or other benefits, employment, contracts and compensation, special consideration should be taken to cater for the interest of women. Accordingly, in all meetings, consultations, dialogue or negotiation, women should represent themselves. In addition, labour practices that are discriminatory to women with respect to employment, promotion and incentives, will be addressed and eliminated.” (p.158-159)
K. MOBILISATION, SENSITIZATION AND AWARENESS CREATION “Government, through its agencies, will engage in massive mobilization, sensitization and awareness creation on the NAPBHR. The awareness creation will be strategic and involve the three tiers of government.
The National Working Group on Business and Human Rights will enter into negotiation with Manufacturers Association of Nigeria and related bodies to ensure compliance with this plan. It will also carry out robust sensitization of the public to empower them to demand for a letter of contract/engagement from employers irrespective of the nature of duration of the engagement.”
N. SECURITY “When businesses conduct risk assessment, the focus is mainly on the risk posed to their operation within the community without considering the risk their operations pose to communities. This makes them design their security apparatus without community input and consultation.
In addressing the issue of security and human rights in business operations, the Voluntary Principles on Security and Human Rights provides a useful guide. To this end; … v. Security arrangement will be all inclusive and offer protection to business facilities as well as employees, suppliers, contractors and the community.” (p.160-161)
PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS ACTIONABLE ITEMS A. POLICY “Every company will have a clear, simple and understandable human rights policy within their value chain that reflects their commitment to promote human rights in their operations. This policy shall guide all operations of the business and should be conspicuously displayed either on the website, gate or reception area of the company.
In the Policy, the rights of staff should be made clear as it relates to respect for human rights. Staff should also be trained on various aspects of human rights especially as it pertains to company operations. It is expected that the policy will clearly allocate roles and responsibilities and state the department(s) in the company that has responsibility for human right issues. This will be applicable to all companies in relation to size, scope of operations and type of business.” (p.162)
F. COMMUNITY RELATIONS “Business must have a Community Relations Guidelines. This will be developed in conjunction with the community stakeholders. The Community Relations Guidelines shall draw from the report of the Human Rights Due Diligence (HRDD) and Human Rights Impact Assessment (HRIA). The company is also expected to conduct Peace and Conflict Assessment (PCAI) as part of their entry strategy. They extent of these assessments will depend on the kind of business the company is involved in.
The Community Relations Guidelines shall provide for such things as employment, community development, contracts, scholarships etc. to ensure inclusiveness, gender consideration and board representation of all interest shall be taken into account.” (p.163)
PILLAR 3 – ACCESS TO REMEDY C. NON-STATE BASED GRIEVANCE MECHANISM “The law cannot take care of all the complexities of the relationship between the community, the state and corporations. This therefore necessitates the adoption of some non-state-based grievance mechanism to fill the gap. These include all the centres and agencies established by companies, NGOs, Media, CSOs, Labour Unions, Faith-Based Orgsanisations, communities and other sundry agencies. Some of them are formal and some are informal in their operations. Some specialize in advisory services and the provision of information, while others are mainly concerned with referral and monitoring.” (p.165)
2.3 State ownership and practice for supporting the business sector
Responsible management [page 23]:
However, it should be emphasized that Norges Bank’s work on responsible management is not confined to these areas. In its annual report on responsible management for 2014 the bank has elaborated on how it deals with a number of other issues and areas as well, including social conditions such as human rights and workers’ rights.
…
2.8 Free-trade agreements and investment contracts
Measures [page 27]:
sSeek to ensure that provisions on respect for human rights, including fundamental workers’ rights, and the environment are included in bilateral free trade and investment agreements.
Statement of Commitment to Implement the United Nations Guiding Principles on Business and Human Rights by the State of Pakistan (page 3)
‘Pakistan has also ratified International Labour Organization’s (ILO) eight core labour standards, in addition to several further ILO conventions.’
CHAPTER 1: National Action Plan on Business and Human Rights
1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 10)
‘The NAP will also complement frameworks with similar principles related to the protection and promotion of socially inclusive, sustainable, and responsible business operations, for example, Pakistan’s commitment to the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration). Recently, Pakistan became the first country in the Asia-Pacific region to appoint a National Focal Point for the application of the MNE Declaration, that is, the Employers’ Federation of Pakistan.’
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.2. NAP Priority Areas
3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion (page 19)
‘Pakistan, in line with its Constitution which embeds equality for all as a fundamental right, and in line with its international obligations emanating as State Party to ICCPR, ICESCR, CEDAW, ILO Convention No. 100 (Equal Remuneration), ILO Convention No. 111 [Discrimination (Employment and Occupation)], and others, […]’
Proposed Actions
Federal (page 20)
‘13. Ratify ILO Convention No. 190 (Violence and Harassment).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3 Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 13 designating the Federal Cabinet of Pakistan, the Ministry of Foreign Affairs and the Ministry of Law and Justice as Leading Entities (page 47).
3.2.4. Labour Standards and the Informal Economy (page 28)
‘The respective Provincial Governments of Punjab, Sindh, and Khyber Pakhtunkhwa each passed a Labour Policy in 2018 committing to the provision of decent work for workers, in accordance with several ILO Conventions, and focusing on Occupational Health and Safety for workers, and the eradication of child labour as well as forced labour. Additionally, Punjab and the Islamabad Capital Territory have legislation regarding the rights of Domestic Workers. Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, forced labour or any forms of modern slavery. These conventions also require States to restrict working hours, prohibit all sorts of discrimination in employment and occupation, compensate workers incapacitated by occupational diseases, accidents or injuries and habilitation of disabled workers etc.’
Proposed Actions
Federal (pages 28-29)
‘37. Adopt a National Policy on Home Based Workers (HBW).
Performance indicator(s): (i) Adoption of Policy
UN Guiding Principle(s): 1, 2, 3
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 37 designating the Ministry of Human Rights, the National Commission on Human Rights and the Ministry of Overseas Pakistanis and Human Resource Development as Leading Entities, and designating the National Commission on the Status of Women; Provincial Labour & Human Resource Departments; Provincial Human Rights Departments; Provincial Commissions on the Status of Women; Provincial Child Welfare
Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments; CSOs & NGOs as Additional Entities (page 58).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 2, 3
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 38 designating the Federal Cabinet of Pakistan as Leading Entity, and designating Ministry of Human Rights; Ministry of Law & Justice; Ministry of Foreign Affairs; Provincial Human Rights Departments; Provincial Commissions Ministry of Overseas Pakistanis and Human Resource Development; Provincial Child Welfare Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments as Additional Entities (page 59).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3 Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 39 designating the Federal Cabinet of Pakistan as Leading Entity, and designating the Ministry of Foreign Affairs, the Ministry of Law and Justice, the Ministry of Human Rights, the Ministry of Parliamentary Affairs and the Ministry of Planning, Development and Reform as Additional Entities (page 59).
Federal and Provincial (pages 29-31)
‘40. Incorporate the terms of all ratified ILO conventions into the legal framework governing the rights of all workers in Pakistan, including those in the informal economy.
Performance indicator(s): (i) Amendments made to legislation of High-Level Meetings and consultations with Stakeholders on the scope of the ILO Conventions; (ii) Enactment of relevant legislation; (iii) Development of relevant policies
UN Guiding Principle(s): 1, 2, 3 Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 40 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Provincial Treaty Implementation Cells; Ministry of Industries and Production; Ministry of Commerce; Provincial Human Rights Departments; Labour/Trade Unions; Business Community; Ministry of Overseas Pakistanis and Human Resource Development; Ministry of Planning, Development and Reform as Additional Entities (page 60).
‘41. Strengthen labour inspection mechanisms, including by ensuring the sufficient funding and capacity of the mechanisms, and conduct regular inspections of business enterprises, including in the informal economy, to safeguard adherence to minimum wage and other labour rights. Ensure inclusion of women as labour inspectors as well.
Proposed Performance indicator(s): (i) Measures taken to strengthen labour inspection mechanisms; (ii) Number of inspections carried out
UN Guiding Principle(s): 1, 2, 3, 4
Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 41 designating the Provincial Labour and Human Resources Departments as Leading Entity and the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Human Rights Departments, the Provincial Mines and Minerals Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments (page 60).
‘42. Conduct a review process of labour laws, standards, and policies to gauge the differentiated impacts or deficits of these laws, standards and policies on women and vulnerable or marginalised workers, including in the informal economy, and identify and enact as required new or amended laws, standards, or policies.
Performance indicator(s): (i) Review process reports; (ii) Proposal of Amendments; (iii) Laws, standards, or policies enacted
UN Guiding Principle(s): 1, 3, 8
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 42 designating the Provincial Governments and the Provincial Labour & Human Resources Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women; Provincial Law Departments; Provincial Human Rights Departments; Provincial Women Development Departments; Provincial Departments of Empowerment of Persons with Disabilities; Provincial Social Welfare Departments; Provincial Labour Departments; Provincial Industries Departments; Provincial Commerce Departments; Provincial Rural Development Departments; Provincial Local Government Departments as Additional Entities (page 61).
‘43. Register all labour, including in the informal economy, and establish, or strengthen existing, Labour Management Information Systems. Performance indicator(s): (i) Number of newly registered individuals; (ii) Establishment or steps taken to strengthen of Labour Management Information Systems
UN Guiding Principle(s): 1, 3, 8
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 43 designating the Provincial Government; Industries & Commerce Department; Provincial Labour Inspectorates as Leading Entities, and designating the Provincial Finance Departments; Provincial Information and Public Relations Departments; Provincial Labour Departments; Provincial Law Departments; Provincial Planning Departments; Provincial Population Welfare Departments; Provincial Revenue Departments; Provincial Social Welfare Departments; Business Community; CSOs & NGOs; Labour/Trade Unions as Additional Entities (page 61).
‘45. Formalise and strengthen wage payment mechanisms across all sectors, including the informal economy.
Performance indicator(s): (i) Formalisation of wage payment mechanism; (ii) Number of persons newly covered under formalized wage payment mechanism
Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 45 designating the Provincial Governments, the Provincial Finance Departments, the Provincial Labour Departments as Leading Entities, and designating the Provincial Chief Minister’s Inspection Teams, the Provincial Home Departments, the Provincial Information Departments, the Provincial Local Government and Rural Development Departments, the Provincial Mines and Minerals Departments, the Provincial Planning and Development Departments, the Provincial Population Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Ombudspersons, Labour/Trade Unions and the Business Community as Additional Entities (page 62).
‘46. Provide life insurance and ensure compulsory EOBI Registration.
Performance indicator(s): (i) Number of newly registered establishments/industries; (ii) Number of newly registered insured persons
UN Guiding Principle(s): 1, 2, 3, 8
Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 46 designating the EOBI and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Provincial Industries and Commerce Departments, the Provincial Social Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Mines & Minerals Departments, the Provincial Health Departments, the Provincial Law Departments, the Provincial Information Departments, the Business Community, Labour/Trade Unions and the Chief Minister’s Inspection Teams as Additional Entities (page 63).
Provincial (page 31)
‘47. Ensure provision of appointment letter or employment contracts as a requirement in the informal economy.
Performance indicator(s): (i) Number of employees issued appointment letters/contracts; (ii) Results of labour inspections/ spot-checks
UN Guiding Principle(s): 1, 2, 3, 11
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 47 designating the Provincial Governments, the Provincial Labour Departments and the Provincial Labour Inspectorates as Leading Entities, and designating the Chief Minister’s Inspection Teams, the Provincial Human Rights Departments, the Provincial Labour Departments, the Provincial Law Departments, the Business Community, the Provincial Mines & Minerals Departments, the Provincial Industries, Commerce and Investment Departments, the Provincial Local Government Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments as Additional Entities (page 63).
‘48. Pass Provincial legislation, or strengthen compliance with existing legislation, on Domestic Workers.
Performance indicator(s): (i) Provincial legislation passed or steps taken to strengthen compliance
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 48 designating the Provincial Governments; Chief Minister’s Inspection Team; Provincial Labour and Human Resource Departments as Leading Entities, and designating the Provincial Law and Parliamentary Affairs Departments; Business Community; Provincial Local Government Departments; Provincial Social Welfare Departments; Provincial Women Development Departments; Workers Welfare Boards; NGOs & CSOs as Additional Entities (page 64).
3.2.5. Child Labour (page 32)
‘The State of Pakistan is committed to fulfilling its obligation to eliminate child labour as per the Constitution, and the Convention on the Rights of the Child, ILO Convention No. 138 (Minimum Age), ILO Convention No. 182 (Worst Forms of Child Labour), as well as other international and domestic legal instruments.’
3.2.6. Forced or Bonded Labour (page 33)
‘Pakistan has ratified ILO Convention No. 29 (Forced Labour) and ILO Convention 105 (Abolition of Forced Labour), and is committed to eliminating forced or bonded labour.’
Proposed Actions
Federal (page 33)
‘55. Ratify Protocol to ILO Convention No. 29 (Forced Labour).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 55 designating the Federal Cabinet, the Ministry of Foreign Affairs, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs as Additional Entity (page 66).
3.2.7. Occupational Health and Safety
Proposed Actions
Federal (page 35)
‘61. Ratify ILO Convention No. 155 (Occupational Safety and Health) and ILO Convention No. 187 (Promotional Framework for Occupational Safety and Health).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Conventions
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 3 – Good Health and Well-being; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 61 designating the Federal Cabinet of Pakistan, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Foreign Affairs and the Ministry of Parliamentary Affairs as Additional Entities (page 68).
CHAPTER 4: State Expectations of Business Enterprises (page 38-40)
‘5. Ensure that human rights corporate policies are communicated to their employees which can be done through mandatory human rights trainings at the start of employment and through regular trainings thereafter. Specific mandatory trainings should also be conducted for all personnel, including managerial and hiring staff, on anti-discrimination and equality at the workplace, focusing on anti-harassment, equal opportunity, workplace security and maternity leave/pay.
[…]
9. Ensure that all employees are given formal contracts of employment, which lay down their rights and obligations.
[…]
13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] ILO’s Fundamental Principles and Rights at Work […]’
ANNEX II: Actions Already Undertaken by Pakistan
A | General Measures Relevant to Business and Human Rights (page 72)
‘There are several laws that relate to the protection of labour rights in line with international obligations and the ILO Conventions. Notably, the Industrial Relations Act 2012 calls for the creation of a National Industrial Relations Commission, which is mandated to deal with cases of unfair labour practices.’
B | Measures Relevant to NAP Priority Areas
ii. Anti-Discrimination, Equal Opportunity, and Inclusion
a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace
Punjab (page 78)
‘The Punjab Minimum Wages Act 2019 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’
Sindh (pages 78-79)
‘The Sindh Minimum Wages Act 2015 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’
iv. Labour Standards and the Informal Economy
Punjab (page 81)
‘The Minimum Wages for Unskilled Workers Ordinance 1969 is still operational in Punjab and it aims to fix the minimum rates of wages for unskilled workers employed in certain commercial and industrial establishments.
The Punjab Provincial Employees Social Security (Amendment) Act 2013 increases the wage limit of workers and entitles the nearest kin of a secured employee to a death grant.
The Factories Act 1934 applies in Punjab and it limits the duration of working hours of labourers to 9 hours a day. It also gives workers the right to take a holiday for 14 consecutive days in a year. Section 49 of the Act also permits festival holidays for up to 13 days.
The Punjab Shops and Establishments Ordinance allows workers to work for no more than 9 hours a day and 48 hours a week.
[…]
The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.
The Provincial Employees Social Security Ordinance 1965 requires an employer to provide health care, including maternity care, to full-time domestic workers under Section 55A.’
Khyber Pakhtunkhwa (page 83)
‘Working hours for employees in Khyber Pakhtunkhwa are limited to 8 hours a day and 48 hours a week under the Khyber Pakhtunkhwa Shops and Establishments Act 2015.
The Minimum Wages Ordinance 1961 is applicable to all industrial establishments’ employees whether skilled, unskilled or apprentices and even domestic workers.’
Balochistan (page 84)
‘The Provincial Employees Social Security Ordinance 1965 requires employers to provide health care, including maternity care to full-time domestic workers under Section 55A.
The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.’
CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS
1.3. Stages of the elaboration process
The NAP preparation process was divided into three stages: (i) convening of stakeholders; (ii) preparation of diagnosis and baseline; and (iii) preparation of actions, indicators, and goals. The beginning of one stage did not mean the definitive closure of the previous one; however, it is possible to define differentiated periods:
First stage: call for stakeholders
It was developed from January to August 2019. It was characterized by the identification and rappro- chement of stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies. In this way, all sectors involved in the issue of business and human rights were brought together. – page 23
1.4. Stakeholders that participated in the process
The NAP preparation process involved 132 stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies, all of which formed part of the Multi-Stakeholder Roundtable. – page 27
CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
Freedom of association and collective bargaining
Freedom of association and collective bargaining are human rights recognized in the main international instruments and this generates responsibilities on the part of the State for their protection. Respect for these rights is binding and requires the adoption of measures to strengthen trade union institutions with a gender perspective and other complementary measures. The State must evaluate, together with the union sector, the business sector, and other related stakeholders, the adoption of the most effective measures to address the causes of the current low level of unionization, in order to guarantee and promote these rights, the strengthening of unions and the social revaluation of their important role in a democratic country. It is also necessary for companies to implement due diligence mechanisms, which can also be accompanied by public policy. – page 44
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments
Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.
8.
Action: Create and implement a permanent training program based on international standards on GP-RBC, from the Justice and Human Rights sector, with special emphasis on the specific needs of organized civil society, indigenous peoples, Afro-Peruvian people, trade unions, special protection groups, communities, and peasant patrols, and citizens in general.
Background: In order to guarantee a permanent state training and awareness-raising effort for the general public, organized civil society, the business sector, indigenous peoples, Afro-Peruvian people, trade unions, and groups in special protection situations, the MINJUSDH shall create and implement a training program on GP-RBC that addresses, in coordination with the institutions representing these sectors and other competent state entities, their particular needs.
Indicator: Creation and implementation of the program, and annual progress report. – page 60
10.
Action: Promote a change in the culture of trade unions as defenders of human rights.
Background: It is necessary to focus on the importance of trade unions as defenders of human rights. Thus, it is necessary to ensure that they have access to this right, so that they can freely decide their union membership.
Indicator: Number of people trained in the area of trade union participation as human rights defenders, considering the business and human rights approach. – page 62
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere
25.
Action: Ensuring fair access to employment for foreigners.
Background: For migrants whose countries of origin do not have an agreement with our country, Legislative Decree No. 689 applies to them, which, in Article 4, establishes that national and foreign companies may only hire foreign personnel in a proportion that does not exceed 20% of the total number of workers. This limits the possibilities of hiring, especially in micro and small companies, which have a smaller number of workers.
Indicator: Intersectoral technical report that includes the evaluation of the relevance of modifying the limit for hiring foreigners for MSEs. – page 75
Objective 2: Ratify international treaties on Human Rights, directly or indirectly related to business activities.
31.
Action: Promote the ratification and implementation of international agreements related to migrant workers.
Background: This requires a specific evaluation of ILO Convention No. 97 on migrant workers; Convention No. 118 on equal treatment of nationals and foreigners in matters of social security; Convention No. 143 on migrant workers, analyzing their relevance and contribution, as well as whether they are in harmony with other national legislation, which will be considered in the Technical Report.
Indicator: An intersectoral technical report evaluating the relevance and contribution of Convention No. 97, concerning migrant workers, prepared by the Ministries concerned. – page 78
Strategic guideline No. 4: Promotion and design of due diligence procedures to ensure the respect of human rights by companies
Objective 1: Promote that companies have a human rights due diligence process.
83.
Action: Adopt due diligence measures to avoid actual and potential risks of violations to the safety and health of workers.
Background: Adopt due diligence measures to ensure the prevention of situations of violation of the safety and health of workers in business activities that include risk map, index of hazards and risks), documents (internal regulations, records), or institutions (OSH committee) in the company. These measures should be produced considering the context of the Covid-19 pandemic.
Action: Adopt measures to avoid real and potential risks to the safety and health of workers.
Background: It is necessary to intensify the work being carried out in the area of inspection, in order to prevent risks to the safety and health of workers, taking into account, if necessary, the context of the health emergency caused by Covid-19.
Indicator: Number of training sessions and/or orientations in the area of occupational health and safety. – page 117
87.
Action: To progressively create and implement a mechanism for follow- up, monitoring, and voluntary reporting of the corporate due diligence mechanisms implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, trade unions, and the competent state sector.
Background: This follow-up and monitoring mechanism will be formulated in coordination with the business sector, with the participation of the state, trade unions, indigenous or native peoples, and civil society sectors; furthermore, the reports will be received voluntarily, at the times and with the contents contemplated in its respective regulations.
Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 119
Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.
Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.
91.
Action: To guarantee mechanisms for redress in the event of violation of the rights of children and adolescent workers in business activities.
Background: Both administrative and criminal liability are focused on sanctioning offenders, in the absence of expeditious and accessible procedures for the redress and rehabilitation of victims of child and hazardous labor.
Indicator: Strategy for the comprehensive care of children and adolescents identified as hazardous child laborers. – page 122
96.
Action: Create and implement a follow-up and monitoring mechanism for corporate due diligence related to reparations, which are implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, Andean and Amazonian peoples, trade unions and the relevant state sector.
Background: Businesses should diligently manage complaints and/or claims received from people with disabilities and senior citizens who consider themselves affected by the adverse impacts of business activities, ensuring due process of their complaints and implementing sanctions and redress mechanisms, as appropriate. This action, with emphasis on reparation mechanisms, is implemented within the framework of Action 87.
Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 125
2. Ministry of Development Funds and Regional Policy
Activities under the European Social Fund
[page 6-7]
“The scope of support under ESF+ is currently subject to arrangements and consultations.”
(…)
“On the one hand, it is the duty of employers to enable and facilitate improvement of professional qualifications of their employees necessary for them to perform their work. On the other hand, employers should also support the general intellectual development of employees. Moreover, every person has the right to education, to improve their skills or acquire new ones. This brings benefits both in the sphere of personal development of an individual, but also, for example, increases their chances on the labour market – to get a (new) job or to improve the conditions of employment (e.g. promotion to a higher position). ESF+ resources may be used, among others, to co-finance:
a) participation of employees and entrepreneurs in trainings and counselling, tailored to their needs, in the context of current socio-economic challenges (including digital transformation, industry 4.0, innovation)”
(…)
“Measures will also be implemented aimed at consolidating the principle of equal opportunities of women and men by supporting employers and employees, inter alia through involvement of social partners, as regards counteracting discrimination on the grounds of sex in the work place.”
2. Ministry of Development Funds and Regional Policy
Responsible business – promoting due diligence standards
[page 10]
“The plans of the Working Group include, among others, the following activities:
– promotion of the handbook entitled: “Forced labour. A Guidebook: how to recognise and combat it” consisting in a wide-ranging e-mailing of the handbook, mailing of the paper version and organisation of webinars on the tools presented in the handbook. Information on the tools developed in the handbook will also be provided during meetings and trainings addressed to entrepreneurs organised by the Advisory Board for Sustainable Development and Corporate Social Responsibility,
– promotion of the handbook entitled: “CSR Guidebook to Safe and Sustainable Work Environment” consisting in distribution of the handbook in both electronic and printed versions and by establishing cooperation with centres and institutions dealing with the labour market in Poland in order to discuss the issues included in the handbook and the needs for changes in the Polish labour law system”
3. Ministry of Economic Development and Technology
Implementation of the UN Sustainable Development Goals (2030 Agenda)
[page 13]
“Building partnerships and enhancing the dialogue with 2030 Agenda stakeholders, as well as striving to increase their real involvement in issues relevant for sustainable development – such as social responsibility, equality between women and men, ensuring decent work, sensitivity to climate change, sustainable consumption and production – will remain crucial”.
4.Ministry of Family and Social Policy
Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY
[page 15]
“The document includes a separate area on creating conditions for tapping the potential of the older persons as active participants of economic life and the labour market, adjusted to their psychophysical capabilities and family situation, which is implemented through:”
(…)
“1. creating incentives for older persons to remain in the labour market;”
(…)
“Preventing economic (increasing social security), digital and technological exclusion of older persons will be implemented through strengthening the position of those persons in the labour market in order to ensure decent income from the work performed and subsequent pension benefits, in particular through:”
(…)
“supporting unemployed and job-seekers in older age groups in accessing professional activation programmes offered by job centres”.
[page 16-17]
“The aforesaid measures are aimed at strengthening the position of older persons in the labour market and have an impact on reducing the risk of their exclusion. Special focus should be given to social groups of older persons who are most at risk of economic exclusion (among others, older persons leaving penal institutions). As regards economic exclusion, obtaining income from work is of major importance. Activities of an educational nature, in turn, are conducive to reducing digital and technological exclusion.
Creating incentives for older persons to remain in the labour market will be implemented by creating a broad offer addressed to those persons, which includes:
– introducing flexible forms of work for older persons (including, inter alia, part-time work, telework, home office, flexible working hours in agreement with the employee) on a large scale;
– providing support for social economy entities employing older persons;
– promoting continuation of work in other forms such as coaching, tutoring, and mentoring. Tapping the potential of older persons requires creating a wide range of possible forms of providing work, including on a full-time or part-time basis. The social policy for older people should strive to create conditions and highlight the benefits resulting from prolonging the period of employment.”
(…)
“Tapping the potential of older persons requires creating a wide range of possible forms of providing work, including on a full-time or part-time basis. The social policy for older people should strive to create conditions and highlight the benefits resulting from prolonging the period of employment.
Promoting the principles of corporate social responsibility and age management among employers will be implemented through:
– conducting information campaigns, trainings for employers on the benefits following from employment of an older person;
– creating an image of an economically active older person in the social and media space;
– promoting flexible forms of employment among employers;
– promoting good practices and sharing experiences in this area. Age management brings tangible benefits to both employees and employers, which are important on a macro-social scale.”
(…)
“Promoting knowledge of the principles of the silver economy among commercial and non-commercial entities is an important task primarily in the context of the need to ensure sustainable development. Awareness of the principles governing the silver economy will allow employers to adjust their offer to the changing expectations of the market, which, in turn, will create an opportunity to increase the competitiveness of the Polish economy.”
4. Ministry of Family and Social Policy
The first Polish Strategy for Persons with Disabilities 2021–2030
[page 17-19]
“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy.”
(…)
“The third stage of the process will be to ‘ensure universal availability of basic services in areas such as education and training, employment, housing, health care and transport to all children and adults in need of support’. It is important for the successful implementation of the deinstitutionalisation process that it takes place with an adequate involvement of the local community, including in particular organisations of persons with disabilities and social and solidarity economy entities (SSEE). Concomitant with the deinstitutionalisation process will be the process of reforming entities dealing with social services, inter alia through establishing Social Services Centres. Another important factor in this respect will be facilitation of access of persons with disabilities to information on support offer available to those persons so that comprehensive, reliable and up-to-date information on this subject is provided by employees of entities dealing with social services.”
(…)
“It provides for, among others, the following measures:
development of inclusive education, including development of legislative and organisational solutions aimed at ensuring accessibility and enhancing the quality of inclusive education,
preparation for entering the labour market inter alia through supporting the process of transition between the educational stages and transition from the educational system to the labour market
…
creation of environment conducive to effective professional activation of persons with disabilities through, for instance, ensuring specialised advisory in the scope of available instruments of professional activation of persons with disabilities and in the scope of obligations of employers following from their employment for institutions of the labour market,”
(…)
“Another priority area of the Strategy is ‘Work’. Within this area, there are measures envisaged to foster greater professional activity of persons with disabilities and enhance possibilities of their employment in an open, inclusive and accessible work environment, pursuant to Article 27 of the Convention on the Rights of Persons with Disabilities. Measures within this area focus on:
– limitation of barriers in undertaking professional activity.”
4. Ministry of Family and Social Policy
Update of the ‘Family and work’ platform
[page 21]
“Over the next two years, a number of further measures are planned in the area related to work-life balance in connection with the implementation of the ‘Good climate for quality jobs’ project with funding provided under the Norwegian Financial Mechanism. The plans involve, among others, an update and further development of the rodzinaipraca.gov.pl platform, as well as large-scale awareness-raising activities among employers, employees and the general public (including awareness-raising campaign, nationwide meeting of fathers, competition for employers creating friendly workplaces for working parents).”
Implementation of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU
[page 21]
“Following the entry into force of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, it will be necessary to make systemic changes to Chapter 8 of the Labour Code on employees’ rights related to parenthood in the context of the implementation of the provisions of this Directive into Polish labour law. At that point, further solutions will be considered to facilitate achieving work-life balance by employees. The deadline for implementing the Directive into national legal systems has been set for 2 August 2022.”
Implementation of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union
[page 21]
“Following the entry into force of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, amendments to the Labour Code will be called for, primarily with regard to informing employees on their terms and conditions of employment. The Directive is to be implemented by 1 August 2022.”
The right to a fair wage
[page 21-22]
“According to Article 23(3) of the Universal Declaration of Human Rights, ‘everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection’. This right was clarified in Article 7 of the International Covenant on Economic, Social and Cultural Rights. The establishment of a minimum wage and an hourly minimum wage for certain civil-law contracts represents an instrument that furthers this goal. These issues are regulated by the Act of 10 October 2002 on Minimum Remuneration for Work (Journal of Laws of 2020, item 2207). According to the law, the minimum remuneration is, annually, the subject of negotiations in the Social Dialogue Council, consisting of representatives of the government, employees (trade unions), and employers (employers’ organisations). In the event of disagreement in the Social Dialogue Council, the decision 22 on the amount of minimum remuneration is taken by the Council of Ministers. The amount of the minimum remuneration for work is adjusted annually to reflect the increase in the minimum remuneration for persons employed on the basis of an employment contract. From 1 January 2021, the amount of the minimum remuneration for employees (i.e. persons employed on the basis of an employment relationship) is PLN 2,800, and the minimum hourly rate for persons performing work on the basis of particular civil law contracts is PLN 18.30. Remuneration below the minimum wage constitutes a violation of employee rights. Each increase of the minimum wage translates into actual improvement of the situation of the lowest-paid workers.”
6. Ministry of Justice
Proposal of a definition of forced labour
[page 25]
“The Ministry of Justice has received the material developed within the framework of the Working Group for Relations with Individuals Performing Work of the Advisory Board for Sustainable Development and Corporate Social Responsibility – an auxiliary body of the Minister of Investment and Development, containing a proposal for the definition of forced labour. The Ministry of Justice will examine the possibility of working on the criminalisation of forced labour as a prohibited act positioned between the violation of labour rights and trafficking in human beings.”
Mediation
[page 25]
“The main objective of the project entitled ‘Popularization of Alternative Dispute Resolution methods through increasing the competences of mediators, creation of the National Register of Mediators (KRM) and information activities’ is to professionalise the profession of mediator by establishing the National Register of Mediators (KRM) and conducting a cycle of mediation trainings within the Integrated Qualification System, as well as to improve knowledge on e-mediation and possibilities of using it in commercial and labour disputes.”
(…)
“Measures planned as part of this project will contribute to the implementation of the detailed objective of the OP KED, i.e. Improving the quality of issued judgements and increasing the effectiveness of their enforcement. Achieving the specific objective will be possible through creating the National Register of Mediators, improving mediators’ competences as part of training carried out in the standards of the Integrated Qualification System and the above-mentioned webinars on the subject of ODR (e-mediation) and labour and commercial mediation, as well as promotional activities in the field of mediation and the created Register.”
7. Ministry of the Interior and Administration
Combating the phenomenon of trafficking in human beings for forced labour
[page 26]
“1. Building awareness of the threat of exploitation and forced labour, e.g. through poster campaign, information meetings.
2. Developing guidelines for labour inspectors on the methodology of conducting control activities in cases where there is a suspicion of trafficking in human beings, in particular forced labour, and implementing them.”
12. Public Procurement Office
The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)
[page 34]
“The new Public Procurement Law, which came into force on 1 January 2021 (Journal of Laws of 2021, items 1129 and 1598) introduces changes both in terms of existing instruments of a social nature, as well as completely new solutions aimed at increasing the extent to which social aspects are taken into account in the public procurement.
Among the new solutions in the Public Procurement Law, which – in addition to the regulations already existing in this respect – are aimed at supporting the implementation of social policy objectives within the framework of public procurement, the following, inter alia, should be mentioned:
“• Article 94, according to which the contracting body may stipulate in the contract notice that only economic operators having the status of a sheltered workshops, social cooperatives and other economic operators whose main purpose or main purpose of the activities of their organisational units that will perform the contract is the social and professional integration of socially marginalised persons, in particular persons with disabilities, the unemployed, jobseekers, who do not remain in employment or do not perform gainful employment, to-be self-reliant persons, persons deprived of liberty or released from prisons, persons with mental disorders, homeless persons, persons who have obtained refugee status or subsidiary protection in the Republic of Poland, persons under the age of 30 and over 50 years of age with job-seeker status, without employment and persons who are members of disadvantaged minorities, in particular members of national and ethnic minorities pursuant to the regulations on national and ethnic minorities and on regional language or persons who are members of groups that are otherwise socially marginalised, provided that the percentage of employment of persons belonging to one or more of the aforesaid categories is not less than 30% of the persons employed by the economic operator or in its unit that will perform the contract,
• Article 95, according to which the contracting body shall specify in the contract notice or procurement documents for service or construction works the contract performance requirements related to employment by the economic operator or subcontractor under an employment contract of persons performing activities within the contract performance, specified by the contracting body, if the performance of these activities involves the performance of the work in a manner specified in Article 22 § 1 of the Act of 26 June 1974 – the Labour Code. The regulation in question is aimed at limiting the avoidance by entrepreneurs of the use of employment contracts in favour of civil law contracts in cases where the use of the former is required by law. Strengthening the implementation of the provisions of the Labour Law in respect of public contracts performance by obliging the contracting body to establish employment based on an employment relationship, if there are premises for it indicated in the Labour Code, entails an improvement in terms of quality and stability of employment,
• Article 96, which provides for the possibility for the contracting body to specify in the contract notice or procurement documents contract performance requirements, which may include, among others, aspects related to employment of the unemployed, jobseekers, who do not remain in employment or do not perform other gainful employment, to-be self-reliant persons, adolescents, persons with disabilities or persons from other groups indicated in the provisions on social employment. These requirements may also cover other social aspects such as the promotion of decent work, respect for human rights and labour law, support for social inclusion (including of persons with disabilities), the social economy and SMEs, the promotion of equal opportunities and the principle of ‘accessible and designed for all’, including sustainable criteria along with consideration of fair and ethical trade,
• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected with the pursuit of social objectives in the description of the subject-matter of the contract, the contract award criteria and the contract performance requirements , in the criteria on which their award to certain products and services is based, refer, inter alia, to compliance with social and economic rights, such as guaranteeing adequate remuneration for work, protecting women’s rights and combating discrimination against them (equal pay, participation in decision-making), prohibition of forced labour and non-use of child labour, freedom of association, health and safety at work, contribution to the development of local communities. Said right of the contracting body is subject to the cumulative fulfilment of the conditions set out in Article 104 of the PPL,”
(…)
“• Article 224(3) which provides that one of the elements that the contracting body shall examine in the event that the offered price or cost, or their essential components, appear to be abnormally low in relation to the subject-matter of the contract or raise doubts of the contracting body as to performance of the subject-matter of the contract, is the compliance of the tender with labour law and social security provisions applicable in the place where the contract is performed. At the same time, the value of labour costs used by the economic operator for determining the price shall not be lower than the minimum wage for work specified under the provisions on minimum wage,”
11.National Labour Inspectorate
[page 35]
“The National Labour Inspectorate (PIP) is an authority established in order to oversee and verify the observance of labour law, in particular occupational health and safety rules and regulations. During the implementation of its statutory tasks, the National Labour Inspectorate cooperates with specialised authorities for supervision and inspection of working conditions, trade unions, employers’ organisations, workers’ self-government authorities, workers’ councils, social labour inspections, public employment services and state administration authorities, particularly authorities for overseeing and inspecting working conditions, the Police, the Border Guard, customs authorities, revenue offices, and the Social Insurance Institution, as well as local self-government authorities.”
Statutory tasks
[page 35-36]
“The statutory tasks of the National Labour Inspectorate include, in particular:
– oversight and verification of labour law compliance by employers, in particular occupational health and safety rules and regulations;
– inspection of goods placed on the market or commissioned for use as regards their compliance with essential or other requirements of occupational health and safety;
– taking actions aimed at preventing and reducing hazards in the working environment;
– lodging complaints and participation in legal proceedings for the establishment of an employment relationship before labour courts, if the legal relationship between the parties fulfils the criteria of an employment relationship;
– issuing and revoking permission for a child to perform work or engage in other gainful activity until they reach the age of 16;”
(…)
“- cooperation with other European Union Member States’ authorities competent for the supervision of employment and working conditions.
The National Labour Inspectorate inspects the legality of employment and other paid work (also by foreigners), payment of contributions to the Labour Fund, and running employment agencies in accordance with the terms and conditions laid down in the laws governing the promotion of employment and labour market institutions.
Some of the PIP’s competencies derive from special provisions. These tasks include:”
“- recommending that the competent Social Insurance Institution’s organisational unit increases the accident insurance premium rates (set for the next premium year) if a labour inspector finds serious violations of the health and safety regulations during two consecutive inspections;”
(…)
– ordering the establishment of occupational health and safety services or an increase in the number of service staff, if justified by occupational hazards discovered during an inspection.
“The authorities of the National Labour Inspectorate take part in the decision-making (granting permission) process on the organisation of permanent work sites below ground level and on the use of only electrical lighting in permanent work areas. In addition to the above-mentioned tasks, the National Labour Inspectorate has an important impact on the working conditions of individuals performing work on a basis other than an employment relationship and on enforcement of the payment of the minimum hourly rate for mandate contracts (Article 734 of the Civil Code) or service contracts to which the provisions on mandate apply (Article 750 of the Civil Code), which are applicable to natural persons who do not conduct an economic activity and to natural persons engaged in an economic activity acting individually and personally while performing contractual tasks”.
Powers of PIP authorities
[page 36-37]
“The National Labour Inspectorate’s bodies include: labour inspectors, regional labour inspectors, and the Chief Labour Inspector. Labour inspectors have the right to conduct an inspection with respect to the observance of the provisions of labour law, and in particular occupational health and safety, without prior notice, at any time of day or night. In the event that a violation of the regulations concerning labour law is found, the competent labour inspector is entitled to issue legal remedies (improvement notices, oral instructions, oral and written decisions) aimed at removing any irregularities (including the possibility of ordering the cessation of operations or operations of a particular nature).”
(…)
“In addition, the powers and competencies of a labour inspector include:
– imposing fines in the form of penalty tickets and lodging motions with a court of law to punish the parties responsible for violation of employee rights as specified in the Labour Code and petty offences referred to in Articles 119-123 of the Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions, as well as for other offences related to gain.”
Supervisory and inspection activities
[page 37]
“The oversight and inspection activities of the National Labour Inspectorate in the observance of labour law, in particular the provisions and regulations of occupational health and safety, focus on eliminating or at least significantly reducing occupational hazards in the work environment. Oversight and inspection activities are carried out in accordance with an annual and long-term (three-year) action plan, based on an analysis of the results of previous inspections, as well as the Parliament’s comments and observations, and recommendations by trade unions, employer organisations, ministries and central offices, authorities supervising and inspecting working conditions, and research institutes.
Priority is given to inspections of employers with a particularly high occupational risk associated with the presence of factors which are dangerous, harmful, and damaging for health. Moreover, inspection activities are undertaken as a result of requests for inspection by social partners and other public administration authorities, as well as complaints and petitions addressed to the Inspectorate’s organisational units.
One of the tasks of the National Labour Inspectorate is to investigate the circumstances and causes of accidents at work. Fatal, serious, and collective accidents are investigated, as reported by employers (pursuant to Article 234 § 2 of the Labour Code), as well as by other authorities.
The National Labour Inspectorate actively supports employers’ involvement in issues concerning safety and working conditions, as well as employee participation, both in its oversight and inspection capacity and in its preventive and promotional activities. These include seminars, conferences, and training meetings with employers involved in permanent workplace safety improvement programmes (enhanced oversight in industrial establishments, regular inspections in construction, rail infrastructure, forestry, and mining sectors).”
Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour
[page 38]
“National Labour Inspectorate services play an important role in combating trafficking in human beings, including trafficking for forced labour. (…) At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration and in the works of the Unit’s Working Groups. The National Labour Inspectorate carries out tasks under the National Action Plan against Trafficking in Human Beings (currently for 2020-2021) and reports annually on their implementation to the Ministry of the Interior and Administration. In addition, selected labour inspectors from regional labour inspectorates participate in the work of Voivodship Units for Preventing Trafficking in Human Beings. The National Labour Inspectorate will continue to carry out tasks in this area as part of the currently designed National Action Plan against Trafficking in Human Beings for 2022-2024. Their scope has not been determined yet. It should be assumed that under the new NAP, cooperation with the Ministry of the Interior and Administration within the Unit for Preventing Trafficking in Human Beings on the central level will continue, on the local level – within Voivodship Units for Preventing Trafficking in Human Beings, as well as training activities addressed to PIP employees in the area of this issue, and cooperation with the Border Guard.
Within the framework of the supervisory and inspection tasks, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors verify whether there are indications of forced labour at an inspected establishment, a phenomenon which is characterised by taking control over an employee and results in a violation of human rights. In order to evaluate and identify potential victims of trafficking, especially for forced labour, a number of indicators are used (developed by both ILO and the Ministry of the Interior and Administration), such as the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime.”
Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour
[page 38]
“National Labour Inspectorate services play an important role in combating trafficking in human beings, including trafficking for forced labour. As part of its competencies, the National Labour Inspectorate is included in a group of institutions and organisations carrying out tasks to counteract this phenomenon. At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the 38 Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration and in the works of the Unit’s Working Groups.
The National Labour Inspectorate carries out tasks under the National Action Plan against Trafficking in Human Beings (currently for 2020-2021) and reports annually on their implementation to the Ministry of the Interior and Administration. In addition, selected labour inspectors from regional labour inspectorates participate in the work of Voivodship Units for Preventing Trafficking in Human Beings. The National Labour Inspectorate will continue to carry out tasks in this area as part of the currently designed National Action Plan against Trafficking in Human Beings for 2022-2024. Their scope has not been determined yet. It should be assumed that under the new NAP, cooperation with the Ministry of the Interior and Administration within the Unit for Preventing Trafficking in Human Beings on the central level will continue, on the local level – within Voivodship Units for Preventing Trafficking in Human Beings, as well as training activities addressed to PIP employees in the area of this issue, and cooperation with the Border Guard.
Within the framework of the supervisory and inspection tasks, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors verify whether there are indications of forced labour at an inspected establishment, a phenomenon which is characterised by taking control over an employee and results in a violation of human rights. In order to evaluate and identify potential victims of trafficking, especially for forced labour, a number of indicators are used (developed by both ILO and the Ministry of the Interior and Administration), such as the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime.
The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 and 2018 served as an instrument to strengthen the capacity of labour inspectors to respond to the illegal employment of foreign nationals and to the phenomenon of trafficking in human beings. The agreement offers a basis for cooperation primarily in undertaking joint inspections by Border Guard officers and labour inspectors, and for exchanging information on violations of the law concerning foreign nationals, including cases of their illegal employment. Effective combating of crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms of cooperation and exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis of an agreement concluded in 2014 and 2017. Training courses are conducted at the National Labour Inspectorate Training Centre in Wrocław to help improve the qualifications of the inspectorial staff involved in the activities related to the issues in question.
The procedure for handling complaints by PIP authorities is an important tool in the prevention of trafficking in human beings for forced labour and violations of labour rights of foreign nationals. Complaints that suggest the need for immediate action are examined first.”
Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies
[page 38-39]
“Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of oversight and inspection measures, as well as prevention and information.
Oversight and inspection activities are carried out as a result of, among other things, complaints, notices, and indications of irregularities sent to the National Labour Inspectorate, but also within the framework of inspections carried out in accordance with the Inspectorate’s action programme (thematic inspections), where issues of equal treatment and discrimination are addressed.
Inspections of employment agencies always include audits of the implementation of the prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, and religious denomination or trade union affiliation of individuals for whom the agency sought employment or other paid work.
By verifying compliance with the law in relation to temporary workers, labour inspectors make sure that there has been no violation of the prohibition on unequal treatment of temporary workers – with respect to working conditions and other conditions of employment – as compared to workers employed by the employer in the same or a similar position.
As part of inspections concerning the legality of employment, labour inspectors examine issues related to respecting the principle of equal treatment and non-discrimination in access to employment. These activities are aimed at disclosing offences with regard to a refusal to employ a candidate for a vacant position or place of vocational training on the basis of their sex, age, disability, race, religion, nationality, political beliefs, ethnic origin, religious denomination, or sexual orientation. Most often, they involve the examination of job advertisements in which employers post illegal criteria for people who apply for employment, where the nature of the work does not justify their use (e.g., relating to sex or age).
Labour inspectors also check compliance with the principle of equal treatment of foreign nationals in terms of working conditions and other conditions of employment, compared to Polish citizens employed in corresponding or similar positions.”
Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies
[page 39]
“Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of oversight and inspection measures, as well as prevention and information.
Oversight and inspection activities are carried out as a result of, among other things, complaints, notices, and indications of irregularities sent to the National Labour Inspectorate, but also within the framework of inspections carried out in accordance with the Inspectorate’s action programme (thematic inspections), where issues of equal treatment and discrimination are addressed.
Inspections of employment agencies always include audits of the implementation of the prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, and religious denomination or trade union affiliation of individuals for whom the agency sought employment or other paid work.”
Receiving, processing, and handling complaints and applications before the PIP
[page 39-40]
“The subject of a complaint may be, in particular, violation of the rule of law or the interests of complainants, negligence or improper performance of tasks by the authorities or employees of the National Labour Inspectorate, as well as protracted handling of cases; violation of labour law provisions, including the provisions of occupational health and safety and legality of employment, directly affecting the complainant. The subject of an application, in turn, may be, in particular, matters concerning improvement of the organisation, strengthening the rule of law, streamlining work and preventing abuse.
Complaints and applications are accepted by all regional labour inspectors and the Chief Labour Inspectorate. They may be lodged in writing, by telegraph, telefax or orally to be included in the minutes, or by electronic means of communication via the electronic inbox”.
Appendix 1 (information material prepared by the Ministry of Justice)
Trainings
[page 44]
“In line with the recommendations of the Polish Institute of Human Rights and Business, the Ministry of Justice requested that the National School of Judiciary and Public Prosecution consider including the following training courses in the schedule of training activities for 2021-2024:”
(…)
“2. Training U14/21 Professional customer service in common courts. Customer service provided by employees working in customer service offices, registry offices and information points of common courts is of great importance for proper transmission of information to court proceedings participants. Applicants often do not know how to specify their enquiries in a way that would allow for a quick answer. Moreover, sometimes their statements are accompanied by negative emotions. In such 45 circumstances, it is important to acquire the skills of effective and efficient communication, also in respect of an applicant presenting a demanding attitude. The aim of the training is to extend the competences of the above-mentioned employees in the area of professional service. Specific issues include among others: the structure of a conversation with an applicant, effective communication, principles of conducting telephone conversations; coping with difficult situations at work, assertiveness and controlling emotions, applicants with a demanding attitude; self-presentation, i.e. building a positive image of the employee and the court in contact with the applicant (elements of non-verbal communication – inappropriate, preferred and exemplary behaviour); customer service provided to persons with disabilities. Target audience: court clerks working in customer service offices and in registry offices in information points of common courts. Number of editions: 2; Number of participants: 100 (50 participants in each edition). Edition, dates, venue and limits: Edition A – U14/A/21 24-26 May 2021 Lublin, Edition B – U14/B/21 18-20 October 2021 Dębe. Duration of training: 16 hours. Form of training: seminar, workshops.
Appendix 2 (information of the Ministry of Foreign Affairs)
GOOD PRACTICE CATALOGUE FOR FOREIGN MISSIONS IN THE FIELD OF BUSINESS AND HUMAN RIGHTS
Recommendations
[page 46-48]
“In their activities supporting Polish entrepreneurs, public procurement and development aid projects implementation, Polish foreign missions are guided by the following principles requiring them to:
“- comply with the United Nations ‘UN Guiding Principles on Business and Human Rights’ and the principle of ‘due diligence’3 and to continuously raise awareness of the need to apply them in practice among both employees and partners of the mission”
(…)
“- strictly comply with Polish and local laws, including labour law, occupational health and safety regulations, etc., and in justified cases enforce compliance with the law by business partners. Wherever possible, apply national and international law, if it provides for higher standards of human rights protection;
– avoid corruption-generating situations and regularly train employees in this area, particularly with regard to acceptable practices for maintaining social relations with business partners and accepting gifts in accordance with Polish and local laws and customs in the host country;
– avoid all forms of discrimination in the recruitment process, to strive for a balance in terms of sex, religion and national and ethnic origin, respecting the principle of decent wages and the provision of the necessary insurance, and use the services of specialist employment agencies where appropriate; – cooperate with reliable partners whose reliability, including in the area of respect for human rights, has been checked using available instruments such as verification by specialised economic bodies. Particular attention should be paid to respect for human rights in the context of forced and bonded labour and child labour in the supply chain.4 To the extent possible, preference should be given to companies certified as responsible businesses (e.g. Fair Trade). The current policy on sanctions adopted by Poland should also be taken into account;”
Promotion and protection of fundamental workers’ rights, also in transnational businesses and along the entire production chain. (pg. 6)
The state’s expectations of business enterprises
Enterprises must respect and protect internationally recognised human rights as defined in the Universal Declaration of Human Rights and fundamental rights, as stipulated in the ILO Declaration on Fundamental Principles and Rights at Work. (pg. 7)
enterprises are encouraged to act in compliance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to report according to ISO 26000 and GRI standards. (pg. 7)
Principle 2 – States sets expectation for respecting human rights
In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11)
Principle 3a – Precarious Work
The Employment Relationship Act contains several provisions to that effect, including a provision in accordance with EU regulations (Council Directive concerning the framework agreement on fixed-term work) and the ILO Convention concerning Part-Time Work No. 175, which stipulates that both a fixed-term and a part-time employment contract must provide for full legal and social security benefits. (pg. 12-13)
Principle 3a – Workplace mobbing [bullying]
In accordance with the Employment Relationship Act, the employer is obliged to provide a working environment in which no worker is subject to sexual or other harassment or mobbing, either verbal, non-verbal or physical, by the employer, superiors or co-workers. The Employment Relationship Act stipulates fines for violations of these obligations by the employer. (pg. 13)
Principle 9 – Adequate Domestic Policy
The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions… (pg. 30)
Principle 26 – Access to assistance
The amended Criminal Code, which entered into force on 2 July 2017, stipulates that no direct intent needs to be determined in the event of the criminal offence of violation of fundamental workers’ rights, and that conditional intent suffices; the foreseen penalties are also higher. (pg. 36-37)
Workers in an employment relationship are guaranteed direct legal protection in the event of a request to determine the grounds for the illegal termination of an employment contract, other modes of termination of employment contract or decisions regarding the disciplinary responsibility of workers. In addition, workers may bring monetary claims arising from the employment relationship before the competent labour court. (pg. 37)
In the event of bullying or discrimination, workers have the right to judicial protection. (pg. 37)
Workers can appeal to the Labour Inspectorate of the Republic of Slovenia. If a labour inspector, based on a report or inspection, determines a violation of the prohibition of bullying, appropriate measures or sanctions may be imposed on the employer. (pg. 38)
Increased discussion of corporate social responsibility as a result of human rights issues such as low wages, … , poor working environment, … in the management process of multinational corporations.
Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as … human rights, labor, employment, … in the procurement process to encourage corporate social responsibility.
…
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
2. Establish and implement measures for corporate sustainability management [page 5]
Reflect ‘respecting human rights·prohibition on discrimination’ ‘work-life balance’ on the criteria of factual survey on corporate sustainability management and reward assessment.
…
7. Prevent human rights violations to local workers in Korean companies overseas [page 6]
Share major issues and establish a cooperation system with related domestic and foreign institutions.
Open local briefing session on labor management for Korean companies oversea and domestic briefing session for companies scheduled to go abroad.
Publish and provide data of labor management country-by-country.
“Spain is party to all of the main treaties on human rights and, specifically, to the following:
the International Convention on the Elimination of All Forms of Racial Discrimination;
the International Convention on the Elimination of All Forms of Discrimination against Women;
the Convention on the Rights of the Child and its three Optional Protocols;
Convention on the Rights of Persons with Disabilities”
“Spain has also ratified the eight fundamental Conventions of the International Labour Organization (ILO):
Forced Labour Convention (No 29)
Freedom of Association and Protection of the Right to Organise Conventions (No 87)
Right to Organise and Collective Bargaining Convention (No 98)
Equal Remuneration Convention (No 100)
Abolition of Forced Labour Convention (No 105)
Discrimination (Employment and Occupation) Convention (No 111)
Minimun age Convention (No 138)
Worst Forms of Child Labour Convention. (No 182)”
Guiding Principle 2
Measure 5
“Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction”.
Guiding Principle 3
Measure 5
“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”
Guiding Principle 10
Measure 3
“Spain will promote greater involvement of the International Labor Organization in the application of the Guiding Principles.”
1 The State duty to protect human rights [page 10-11]
Swedish legislation to protect human rights
“Through other legislation, such as civil law legislation on rights at work and on discrimination, as well as criminal law legislation, the State seeks to ensure that an individual’s human rights are also respected by third parties, including business enterprises.
A typical feature of the Swedish labour market and the Swedish model is that the relationship between employer and employee is largely governed by collective agreements. These agreements often contain regulations that supplement and replace the procedures established by law. The most important act in the area of individual labour law is the Employment Protection Act (1982:80), which regulates how employment contracts may be entered into and terminated. This Act includes provisions stating that indefinite-term contracts should be the general rule but that fixed-term contracts can be mutually agreed in some cases. The Act also states that notice of termination of an indefinite-term employment contract must be based on objective grounds.
In the area of collective labour law, the Employment (Co-determination in the Workplace) Act (1976:580) is the main act. This Act regulates, for example, the right of employee organisations to participate in negotiations ahead of certain decisions by an employer, for example regarding significant operational changes. The Trade Union Representatives (Status at the Workplace) Act (1974:358) is also part of collective labour law. This Act contains regulations on the status of trade union representatives and the right to participate in trade union activities at individual workplaces.
The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services.
Disputes concerning the relationship between employer and employee are often resolved in the Labour Court, which is a specialised court for examining labour law disputes. The Labour Disputes (Judicial Procedure) Act (1974:371) contains certain special regulations on labour law disputes.”
Criminal law provisions to protect human rights
“Protection of liberty and peace, through criminal liability for human trafficking, including for the purpose of exploiting a person’s labour …”
2 The corporate responsibility to respect human rights [page 13]
“For a company’s employees, human rights in the workplace are particularly important. The right to participate in collective bargaining and the right to form or join free trade unions are examples of such rights. Special measures should be taken to identify and prevent anti-union policies or actions. This applies both in Sweden and abroad. In some countries it may be difficult for employees to assert their human rights in the workplace.
The Government encourages companies to conduct a dialogue on these issues with stakeholders, trade unions and civil society organisations to identify problems and work constructively to find common solutions. It is particularly important to ensure that a dialogue is conducted with free trade unions. …
Companies should also help to defend and strengthen women’s rights, including through access to the labour market and by combating discrimination in all its forms. …”
Annex: Measures taken [page 21]
Regulations and legislation
“The Inquiry on protection of workers who blow the whistle on various unsatisfactory conditions, irregularities or offences submitted its report on 20 May 2014 (Swedish Government Official Reports 2014:31). The Inquiry proposes a new labour law act strengthening the protection provided to whistleblowers. Under the act, workers who have suffered reprisals for whistleblowing will be entitled to damages. The Inquiry’s proposals have been circulated for comment.
With a view to improving the protection provided to workers, amendments have been proposed to the Work Environment Act and the Working Hours Act. Under these amendments, financial penalties would largely replace penal sanctions to create a more effective sanctions system.
4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights
4.3 The position and expectations of the Federal Council [page 8]:
Depending on the circumstances, business enterprises must also observe additional standards concerning particularly vulnerable population groups (cf. OECD Guidelines for Multinational Enterprises, Guideline 40). These include, for example, the Declaration of the Rights of Indigenous Peoples, and the international conventions protecting women, minorities, children, people with disabilities and migrant workers and members of their families.
Promoting human rights through government procurement operations (page 8)
‘[…] the Public Construction Commission’s Procurement Evaluation Committee scoring tables for bidders include CSR indicators, such as “whether all employees have received pay increases,” “the quality of basic compensation received by procurement officers,” and “the quality of work/life balance measures.”’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP5, Actions taken (page 44).
C. Actions planned
Continue committing to implement important United Nations human rights covenants, incorporating them into domestic law, and preparing national reports for review (pages 8-9)
‘[…] the Taiwan government has also adopted a national report system based on the UN model, and has pledged to do likewise with another three core human rights conventions, namely, the “International Convention on the Protection of Rights of All Migrant Workers and Members of Their Families,” […]’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP10, Actions planned (pages 52-53).
Continue pushing for passage of laws to protect working conditions and labor rights (page 9)
‘To safeguard the right of laborers to share in the fruits of their labor, and to expand the social safety net, the Taiwan government has pledged to draft and enact a “minimum wage act” and an “occupational accident insurance and protection act.”
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP2, Actions planned (page 39).
‘[…] in order to improve the working conditions of foreign fishing crews, the Taiwan government will provide more living and leisure facilities.’
IV. The corporate responsibility to respect human rights
B. Actions taken
State encouragement of respect by business for international human rights standards (page 11)
‘The Taiwan government encourages businesses to engage in responsible business behavior, and has adopted internationally recognized corporate social responsibility standards, such as the UNGPs, the UN Global Compact, ILO Conventions and the OECD Guidelines for Multinational Enterprises.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions taken (page 41).
‘The Taiwan government also provides resources and support, including the following: […] it expressly provides in the “Company Act” that companies must encourage enterprises to share profits with employees […].’
Respect for employee interests and the views of stakeholders (page 12)
‘[…] the Taiwan government actively provides guidance to laborers, focusing on such matters as formation of unions, creation of an environment that is conducive to a smoothly operating union, support for women’s employment, and assistance with the elimination of employment barriers.’
Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect
Government procurement (page 25)
‘Article 98 of the “Government Procurement Act” stipulates that for a winning tenderer which employs more than 100 persons locally, aborigines or persons with physical or mental disabilities shall account for a minimum of two percent of the total number of employees during the term of contract performance; otherwise, the foregoing tenderer shall pay a fee in lieu of performance and shall not hire foreign workers to make up the shortage in question.’
Promotion of international consensus and cooperation (page 28)
In line with [promoting the incorporation of environmental, social responsibility, and human rights standards into free trade agreements, as well as designing impact assessment and monitoring mechanisms], Taiwan has included CSR, environmental, and worker rights clauses, as well as “general exceptions,” in many of its trade and investment agreements […].’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP9, Actions taken (page 49).
Other legislative action and measures (page 29)
‘In order to better protect the rights and interests of temp workers, Articles 2, 9, 22-1, 17-1, 63, 63-1 and 78 of the “Labor Standards Act” were amended or newly added in May and June of 2019. These articles came into force on May 17, 2019 and June 21, 2019. The amendments expressly define temp workers work on non-fixed term contracts. The amendments also (a) prohibit client firms from reclassifying regular employees as temp workers; (b) provide that client firms and temp agencies shall be jointly and severally liable for the compensation that an employer is required to pay, and that if the temp agency is fined by the competent authority for failure to pay wages due to a temp worker, the temp worker may demand payment from the temp agency; and (c) strengthen protections for the labor rights of temp workers.
The “Occupational Safety and Health Act” is enacted to protect workers’ safety and health and to prevent occupational accidents. Article 21, paragraph 3 of the “Factory Management Act” stipulates that: “The factory shall exercise due care in manufacturing, processing and using dangerous objects. When significant environmental pollution or workplace accident seriously affects nearby factories or public safety, the municipal, county, or city authorities may order the factory to suspend operations and take corrective action. After the cause for suspension of operations has been addressed, the factory may apply to the municipal, county, or city authorities to resume operations.”’
Appendix 2: Concrete actions taken by Taiwan to ensure respect by businesses for human rights
Governments can provide information and support to enterprises. The Taiwan government has implemented several regulations and measures to provide enterprises with guidance and support, including the following:’ (page 31)
‘Article 235-1, paragraph 1 of the “Company Act” provides as follows: “A fixed amount or ratio of profit of the current year distributable as employees’ compensation shall be definitely specified in the Articles of Incorporation.” The purpose of this provision is to encourage companies to share profits with employees.’
Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems
Labor disputes (page 36)
‘Regarding labor disputes, in order to provide alternative dispute settlement mechanisms, the “Act for Settlement of Labor-Management Disputes” provides for mediation and arbitration. In addition, the “Labor Incident Act,” which took effect on a January 2020, provides for special labor issue courts that can address labor incidents quickly, professionally, and effectively. All parties enjoy equal status before the court, which that will serve to fairly protects the rights and interests of both employees and employers, and also promotes harmonious labor relations.’
3. core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
3.1.1 Overall situation
The Royal Thai Government attaches great importance to the protection of the rights of all workers by amending the law and improving various measures to increase the protection and welfare of workers to comply with the standards of the International Labour Organization and international human rights obligations such as increasing minimum wage nationwide since 1 April 2018, the promulgation of the Social Security Act (No. 4) 2015, the Maritime Labour Act 2015, the Labour Protection Act 1998 (No. 5) 2017, (No. 6) 2017 and (No. 7) 2019, the Migrant Worker Management Royal Decree (No. 2) 2018, etc. Recently, the Ministry of Labour has drafted the Act on Prevention and Elimination of Forced Labour, which increases benefits for labour in various cases – for example, in the case of unemployment, temporarily shutdowns or the intention to cause injury, disability and death – and expands the protected group to include government temporary employees, and employees of employers who have offices abroad and employees who are working abroad.
The government has taken various steps to protect the safety of workers including ratifying many Conventions of the International Labour Organization. The latest were the Convention No. 187 on the Promotional Framework for Occupational Safety and Health Convention 2006, ratified on 23 March 2016; the Maritime Labour Convention 2006, ratified on 7 June 2016; Convention No. 111 on Discrimination Employment and Occupation Convention 1958, ratified on 13 June 2017; Protocol of 2014 to the Forced Labour Convention 1930 (P29), ratified on 4 June 2018; and most recently, the Convention No.188 on the Work in Fishing Convention 2007, ratified on 30 January 2019.
At present, the government has registered more than 2 million migrant workers,5 allowing them to work legally and receive equal protection and gain access to public services and benefits. Thailand also cooperates with neighbouring countries in preventing labour trafficking in all channels and signed a Memorandum of Understanding on labour cooperation and a Memorandum of Agreement on employing labour from Vietnam, Cambodia, Myanmar and Laos, expanding the dimension of labour cooperation from the original issue into important fields such as technical cooperation and skills development. In addition, the government has promulgated the Migrant Worker Management Royal Decree 2018 (No. 2), which allows employers to register migrant workers and the period of registration was extended several times to ensure opportunity for migrant workers to be legally registered. On 16 January 2018, the Cabinet approved a waiver for migrant workers from Cambodia, Laos and Myanmar who comply with the regulations to continue working in Thailand for a period of time as announced in response to the situation that Thailand still relies on labour from neighbouring countries. The Cabinet also asked all provinces to establish a management committee for migrant workers in their area and to supervise the implementation of nationality verification and establish a database of migrant workers in the province, which shows the intention to develop Thai labour standards to be equal to international standards.
Thailand also places emphasis on the prevention and suppression of human trafficking in labour, especially in the fishery industries. The Prime Minister announced “Combating human trafficking as a national agenda” and assigned relevant departments to focus on human trafficking suppression and seriously prosecute government officials involved. After the announcement of National Agenda, the government has set a clear policy for “Eliminating all forms of human trafficking”, considering it a violation of human dignity and against human rights principles. The budget has been increased to support the operation in all areas. Laws are being drafted to be more stringent including increasing the efficiency of lawsuits, rehabilitation and remedy for victims and witness protection, as well as improving better preventive measures to reduce the risk of becoming victims of human trafficking, and including improving various operations in accordance with international standards with concrete works such as taking disciplinary actions on government officials who were involved in human trafficking in both civil and criminal cases.
The Office of the Thai Health Promotion Foundation has implemented a project to improve the well-being of informal workers and develop mental health promotion models to help “reduce suffering and create happiness” among labourers, both in the field of health training for informal labour leaders and creating incentives for informal workers to change health behaviours to increase happiness and reduce stress in their lives.
For the promotion of people with disabilities to enter a career and have a better quality of life, the Ministry of Labour and the Ministry of Social Development and Human Security jointly announced their cooperation to support the employment of people with disabilities to develop the potential of improved work by setting a target of employment of 10,000 people with disabilities and a Memorandum of Agreement between the Ministry of Public Health, Ministry of Labour and the Ministry of Social Development and Human Security signed to coordinate the employment of people with disabilities in the community to work in a government agency under the Ministry of Public Health. In addition, the Civil State for Society Project can also help the employment of people with disabilities with more work. Many businesses including educational institutions have also put efforts into hiring people with disabilities.
For the promotion of employment of the elderly, the Ministry of Labour has prepared legislation to issue an hourly minimum wage for elderly employees, and include plans to open a service centre for employment for the elderly. Tax incentives will be issued to encourage private sector agencies to hire elderly workers aged 60 years and over. Starting from the accounting period beginning on or after 1 January 2016 onwards, the private sector can file in their corporate income taxes an exemption of up to 100 percent of the money paid to senior employees in accordance with the Royal Decree on the Revenue Code regarding Tax Exemption (No. 639) 2017, which is in effect from 3 March 2017, and the Notification of the Director-General of the Revenue Department on Income Tax (No. 290) dated 14 March 2017. This measure is meant to support the elderly to have an opportunity to continue working and have sufficient post-retirement income, reducing social inequality and alleviating the government welfare budget burden on a long-term basis – as Thailand will enter the Aged Society in 2021.
Pillar 1: State duties in protecting (Protect)
2.
Amendments to laws, regulations, policies
and related measures
Review the law on labour protection, social welfare, social security, and minimum wage whether there is still
a gap between the law and practice, and consider
improving or developing it to be in line with international standards
– Ministry of Social
Development and Human Security
– Ministry of Labour
2019–2022
Number of laws that have been improved
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs, Articles 1, 3, 5 and 7
Review relevant laws and consider improvements or developments in accordance with ILO Convention No. 138 and 182 and Protocol 2014 of the ILO Convention on Forced Labour, 1930
– – Ministry of Labour
2019–2022
The number of meetings to
review relevant laws
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 5 and 7
Study the ILO General Principles and Operational Guidelines on Fair Recruitment and review the laws and practical guidelines that are in force to comply with the said principles.
– – Ministry of Labour
2019–2022
The results of the study
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers.
– – Ministry of Labour
2019–2022
Number of policies reviewed
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Improve the Labour Law in accordance with the current situation and international standards such as the Labour Relations Act 1975 and the State Enterprise Labour Relations Act 2000
– Ministry of Labour
2019–2022
Number of bills passed with Cabinet approval
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Review the law and social security system by considering (1) improving the conditions and benefits of the insured (2) having tripartite participation in Social Security Fund management (3) Access to funds by all types of workers equally, especially informal workers. (4) Provide protection for retired employees (5) Compliance with the principles of the ILO
– – Ministry of Labour
2019–2022
Benefits or criteria that have been reviewed or improved
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
Review public sector employment laws to create fairness for employees in the public sector
– Office of the Civil Service Commission
2019–2022
Number of reviews of the relevant laws
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
3.
Development of labour management system
Establish a system for collecting detailed information of labour so that agencies and employers are able to check the details of labourers.
– Ministry of Labour
2019–2022
Effective data storage system
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
4.
Recruitment
Develop control and checking measures for fair recruitment
– Ministry of Labour
2019–2022
– Check recruitment agencies for overseas workers
Registration of recruitment licensee can be checked by the public
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3 and 7
Arrange for informers of corruption cases to enter the witness protection programme
– Royal Thai Police
– Ministry of Justice
2019–2022
Number of witnesses entering protection and receiving safety
– National Strategy for Public Sector Rebalancing and Development
– SDG 16
– UNGPs Articles 1, 3, 4, 10 and 25
5.
Capacity development and knowledge dissemination for workers
Training on knowledge about legal rights, labour protection, labour rights, occupation safety, and social security for labourers, which includes migrant workers. In addition, develop a variety of media, including a manual, to disseminate such knowledge in a language that such workers can easily understand
– Ministry of Labour
2019–2022
– Migrant workers receive knowledge and understanding of practical information about victims of human trafficking
– Number of trainees
– Percentage of cognition increase
– Number of documents published in foreign languages
– National Strategy for Human Capital
Development and Strengthening
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 8
6.
Eliminating discrimination in employment and the workplace
– Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment.
– Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization.
– Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled
– Ministry of Social Development and Human Security
– Ministry of Labour
2019
project to find jobs for persons with disabilities
Specially needed recruitment activities for disabled workers
Activities to promote the disabled to work in the public sector
Quantitative
– 1,750 persons with disabilities are employed.
Qualitative
– persons with disabilities are employed no less than 62%
– 88 persons with disabilities are employed in government agencies promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8 and 10
– UNGPs Articles 1, 3, 4, 5, 7 and 8
Develop measures and mechanisms to promote employment for senior citizens to be more employed
– Ministry of Labour
2019 project to expand working opportunities for senior citizens
100,000 senior citizens get employed and earn a living
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 10
Find a way to allow ex- convicts to have a career as an employee or entrepreneur
– Ministry of Justice
– Ministry of Labour
2019
labour preparation project, career guidance activity and employment promotion for prisoners in prisons, Civilian Development Center, Juvenile Observation and Protection Center, Recruitment for special needs groups and special employment activities for ex- convicts
Quantitative number of detainees in prisons, Civil Development Center and Juvenile Observation and Protection Center receive career guidance and promoting 10,000 in professional work. Quantitative. All workers receive services to promote employment of 500 people.
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 10
Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015
– Ministry of Labour
2019–2022
Number of reviews of the Labour Law
– National Strategy for Social Cohesion and Just Society
– SDG 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector
– Ministry of Justice
2019–2022
Percentage of understanding regarding gender diversity issues
– National Strategy for Social Cohesion and Just Society
– SDG 5 and 10
– UNGPs Articles 1, 3 and 8
Encourage entrepreneurs to issue policies, regulations, or measures to prevent sexual harassment and violence in the workplace
– Ministry of Social Development and Human Security
– Ministry of Labour
2019–2022
Number of businesses/ establishments that follow the Thai Labour Standards and are encouraged to have policies to protect against sexual harassment
– National Strategy for Social Cohesion and Just Society
– SDG 5, 8 and 10
– UNGPs Articles 1, 2, 3, 5, 7 and 8
Develop measures to prevent and manage issues related to HIV/AIDS in the workplace by promoting the implementation of National Guidelines on Prevention and Administration of HIV/AIDS in the Workplace to be used as operational guidelines for HIV/AIDS in the workplace.
– Ministry of Labour
– Ministry of Public Health (Sub- committee on Promotion and Protection of the rights of HIV/AIDS)
2019–2022
Number of establishments/ businesses/ employees involved in promotion activities
– National Strategy for Social Cohesion and Just Society
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards.
– Ministry of Labour
2019–2022
Number of establishments/ businesses inspected
and joining in employing women to promote gender equality
– National Strategy for Social Cohesion and Just Society
– SDG 5, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Consider and determine measures and mechanisms for employment of other vulnerable groups, such as ethnic groups, stateless persons and migrants, including those of diverse sexual orientation and gender identity to enter the labour system in line with international human rights principles
– Ministry of Labour
– Ministry of Interior
– Ministry of Social Development and Human Security
– Office of the National Security Council
2019–2022
Number of vulnerable groups employed
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 5, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
7.
Receiving fair wages and salary
Study the current situation of wage structure and develop mechanisms, measures or policies to adjust wages to be fair and suitable for the living cost.
– Ministry of Labour
2019–2022
Number of times of study or wage adjusted.
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
8.
Suitable working conditions
Study international standards regarding appropriate work conditions (Decent Work for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business
– Ministry of Labour
2019–2022
Number of studies
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
9.
Access to health services for workers
Providing health services to workers including disease prevention and control, health promotion and medical treatment and rehabilitation
– Ministry of Labour
– Ministry of Public Health
2019–2022
Number of insured persons receiving medical services
– National Strategy for Human Capital Development and Strengthening
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
9.
Access to health services for workers
Develop friendly health service systems for migrant workers such as migrant public health volunteers to create effective access to public health
– Ministry of Public Health
2019–2022
A mechanism to provide public health services for migrant workers
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 3, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Driving forward the settlement and operation of Wellness Centers both in public health service points and establishments
– Ministry of Public Health
2019–2022
Number of hospital and establishments that operate Wellness Centers in line with criteria set by the Department of Disease Control
– National Strategy for Human Capital Development and Strengthening
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
10.
Children of migrant workers
Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development.
– Ministry of Social Development and Human Security
– Ministry of Labour
2019–2022
Number of establishments registered as
a child service centre in the workplace
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 11
– UNGPs Articles 1, 3, 4, 5 and 7
11.
Human trafficking and forced labour
Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired
-Royal Thai Police
-Ministry of Agriculture
-Ministry of Labour
-Ministry of Industry
2019–2022
Number of at-risk establishments that have been examined
– National Strategy for Human Capital Development and Strengthening
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
12.
Protection of labour being replaced by the use of technology
Making plans or measures to support remedies and help groups of dismissed workers in accordance with regulations set for relief.
– Ministry of Labour
2019–2022
Plans or measures to support and provide assistance to groups of workers who were replaced by technology
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
13.
Protection of labour in the supply chain system
Study and issue measures for the business sector that has a supply chain to have a management system that meets the Thai Labour Standard (TLS 8001)
– Ministry of Labour
2019–2022
Number of studies
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
14.
Protection of Thai labour abroad
Train job seekers before travelling to work in a foreign country by providing knowledge about the rights and benefits according to the laws of that country and the mechanisms to protect labour rights at the country of destination, including protection given to Thai workers experiencing problems, and giving advice on health care.
-Ministry of Labour (Department of Employment)
-Ministry of Foreign Affairs (Department of Consular Affairs)
-Ministry of Public Health
2019–2022
– Number of job seekers trained before traveling
– 90 percent of problems encountered by Thai labour abroad have been resolved
Number of counselling sessions and giving healthcare information to Thai workers.
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 17
– UNGPs Articles 1, 3, 4, 5, 7 and 10
15.
Operations set for business sector
Encourage establishments/ businesses to apply Good Labour Practice (GLP) in their business management
– Ministry of Labour
2019–2022
1,000 establishments/ year have been promoted
– National Strategy for National Competitiveness Enhancement
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Inspect and monitor entertainment places/ businesses, establishments, and recruitment agencies, focusing on inspecting business licences, labour contracts, working conditions and work permits (in the case of migrant workers)
– Royal Thai Police
– Ministry of Labour
-Ministry of Interior
2019–2022
– Number of employment/ recruitment licensees inspected
Number of establishments and migrant workers inspected
– National Strategy for National Security.
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.2 Labour rights and welfare
State enterprises and the business sector should provide welfare for workers and their families, such as childcare centres in a workplace.
State enterprises and the business sector should not force workers to work overtime. Overtime work must be voluntary or by necessity, such as without doing so would cause damage. Overtime work should be proposed to workers systematically depending on the necessity.
State enterprises and the business sector should establish measures to certify or insure health care for workers in the workplace.
State enterprises and the business sector that use migrant workers should be responsible for the costs of recruiting labour and other expenses in accordance with the “employer pay principle”.
Pillar 3: Duties of the state and the business sector to provide remedy (Remedy)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
1.
Complaints and petitions
Establish a complaint system (both public and private) and develop staff competency in order to receive complaints effectively and keep the information confidentially. Open multiple channels that are convenient, fast and traceable for the result of the complaint by using technology, such as hotline services, website channels and mobile phone applications, etc.
– Office of the Attorney General
– Ministry of Interior
– Ministry of Justice
– Ministry of Public Health
– Ministry of Labour
– Ministry of Foreign Affairs (Department of Consular Affairs)
2019–2022
An easy, accessible complaint system for the complainant.
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 11
– UNGPs Articles 27, 28, 29 and 31
Increase the efficiency of the mechanism to receive complaints under the Gender Equality Act 2015
– Ministry of Social Development and Human Security
2019–2022
Assigned officials according to the Act in every province
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 11
– UNGPs Articles 27, 28, 29 and 31
Review and improve the complaint mechanism in order to access existing protection and remedies, such as a claim filing mechanism so that every worker can access protection and remedy without discrimination and regardless of nationality
– Ministry of Labour
2019–2022
Number of channels of complaint improved
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
The complaint mechanism of government agencies should be evaluated for efficiency and the adjusted working method periodically for enabling migrant workers to access conveniently and efficiently
– Ministry of the Interior
– Ministry of Justice
– Ministry of Labour
2019–2022
Number of evaluations
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
Provide channels for complaints and hotlines in languages that migrant workers understand
– Ministry of the Interior
– Ministry of Justice
– Ministry of Labour
2019–2022
Number of complaint channels and hotlines in languages that migrant workers understand
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
2.
Access to the Employee Welfare Fund
Employees have the right to access the Employee Welfare Fund as regulated in the Labour Protection Act 1998 and the set criteria
– Ministry of Labour
2019–2022
Number of employees using the service from the Fund
– National Strategy for Human Capital Development and Strengthening
– SDG 8
– UNGPs Articles 25, 26, 27, 28, 29 and 31
Study the possibility of establishing a fund to remedy victims of discrimination or sexual harassment in the workplace
– Ministry of Social Development and Human Security
2019–2022
– Study results
Number of victims that the Commission of the Act identified and wish to receive remedies
– National Strategy for Social Cohesion and Just Society
– SDG 5 and 8
– UNGPs Articles 25, 26, 27, 28, 29 and 31
5.
Remedies
Review and revise the Compensation Act 1994 and modernize the Compensation Fund system to be transparent, fair and in line with international principles
– Ministry of Labour
2019–2022
– Amount of benefits or criteria that have been reviewed or improved
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
Set up remedy mechanisms from both the government and private sectors at the regional level. Remedies should be in consistent with the needs of affected people and communities.
– Ministry of the Interior (Department of Local Administration)
– Ministry of Justice
2019–2022
– Mechanisms and remedy measures for adversely affected victims and victims of human rights violations as a result of business operations
– Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16
– UNGPs Articles 25, 26, 27, 28, 29 and 31
Review criteria of compensation under the Act on Compensation for Injured Persons and the Damages and Expenses for the Accused in Criminal Cases B.E. 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime.
– Ministry of Justice
2019–2022
Meetings to review payment criteria for state compensation under the Act on Compensation for Injured Persons and the Damages and Expenses for the Accused in Criminal Cases B.E.
– 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime
– National Strategy for Public Sector Rebalancing and Development
– SDG 16
– UNGPs Articles 25, 26, 27, 28, 29 and 31
6.
Protecting the rights of Thai workers working abroad
Provide information and assistance in accessibility to mechanisms protecting the rights of Thai workers working abroad
– Ministry of Foreign Affairs
– Ministry of Labour
2019–2022
– Percentage of job seekers trained before traveling abroad with more knowledge about domestic rights in their destinations
– The Department of Consular Affairs, Embassies and Consulates-General of Thailand provide information about their rights continuously through documents, websites, phone lines, applications, etc.
– Thai workers abroad get access to rights protection mechanisms including help in negotiating with employers or government agencies of that country in case of unfair treatment or rights violations
– National Strategy for Public Sector Rebalancing and Development
The government recognizes the rights and contributions of workers to national development as such several legal and policy frameworks are in place to guarantee the right to work. Article 40 of the 1995 Constitution provides for the protection of workers’ rights, which includes the recognition of just and favourable conditions of work. The key legislation on working conditions in Uganda include the Employment Act (2006), Workers Compensation Act (2000) and the Occupational Safety and Health Act (2006), which regulate employment conditions including occupational safety and health standards, wages, working hours, leave and termination of employment.
The Government has created conducive working environment that allows for businesses to thrive. As such, businesses have become a major source of employment for Ugandans especially the youth and women.
According to UBOS (2018), overall unemployment was at 9.7% while youth unemployment stood at 40.7%. The unemployment situation has left many Ugandans especially the youth with no choice, but to accept any form of work offered to them. This has led to the growing trend of employment opportunities in business activities. However, there have also been reports of cases of human rights abuses associated with businesses operations.
Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. Noting that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments.
The consultations also revealed that women comprise of the majority of labour force in the Planta on Agriculture and informal Sectors—which still face challenges around regulatory and protective measures. Casualization of labour is also ripe within these sectors. It was further revealed that cases of occupational and safety health hazards of women in manufacturing and production industries have increased. It was also shared that workers are employed without formal contracts hence no job security as well as limited access to remedy for human rights abuses by business operations including delays or lack of compensations in case of workplace accidents. In some companies, management was not in support of their workers joining trade unions since they consider it that it affects the productivity of workers. It was also reported that employees are often exploited by companies to work for long hours and are often poorly remunerated. This was reported to be common in the planta on and construction companies. It was further established that many employers in the business sector do not comply with the laws guaranteeing labour rights.
Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuse of rights, physical and psychological violence and lack of protection while abroad.
CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES
OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses.
4.1.3 Capacity building for state and non-state actors on business and human rights
(…)
iv. Strengthen the function of occupational health inspectors to monitor OSH (Occupational Safety and Health) Standards.
OBJECTIVE 2: To promote human rights compliance and accountability by business actors
4.2.2 Capacity building for business operators on human rights observance
(…)
iii. Strengthen the capacity of the human resource function in business operations in observing workers’ rights.
iv. Strengthen the capacity of Occupational Safety and Health managers and committees in businesses on human rights compliance.
4.2.3 Empower communities especially vulnerable persons to claim their rights
(…)
iii. Popularize existing labour laws and labour standards relating to Occupational Safety and Health to make them known widely.
iv. Ensure helplines are available for reporting unsafe working conditions and other labour complaints.
OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.
4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations
Awareness raising on workers’ rights and available remedy mechanisms for business-related human rights abuses and violations.
Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities.
CHAPTER FIVE: INSTITUTIONAL FRAMEWORK
5.4 Business entities
Promote human rights education for their employees.
5.13 Private Sector
Promote and disseminate the action plan to employers and employees.
(…)
vii. Sensitize employees on human rights.
Budgeted outputs in Annex I include:
Objective 1.0 – Review and strengthen the capacity and function the probation and labour department to handle labour-related grievances
The UK 2016 NAP refers to the workers’ rights in the Introduction [page 3]:
“Since the publication of the UNGPs, in 2011, and the UK’s National Action Plan in 2013, there have been a number of developments at the international level. In particular: (…) protect labour rights, promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment (SDG 8.8).”
The UK 2016 NAP states in the section The State’s Duty to Protect Human Rights that [page 7]:
“Legislation has also been passed to plug specific gaps in the protection of workers under the law such as the Gangmasters (Licensing) Act 2004, which created an agency to prevent the exploitation of workers in agricultural work, shellfish-gathering and related processing or packaging.”
The UK 2016 NAP refers to migrant workers’ rights also in Government Commitments section [page 11]:
“The Government will do the following to reinforce its implementation of its commitments under Pillar 1 of the UNGPs: (…) Consider new project activity on raising awareness and tackling the negative impacts of business activity, including on the human rights of groups like indigenous peoples, women, national or ethnic minorities, religious and linguistic minorities, children, persons with disabilities, and migrant workers and their families, by tasking our diplomatic missions in countries where these are concerns.”
The UK 2016 NAP includes a Case study of Rana Plaza which makes reference to workers’ rights [page 12]:
”DFID Bangladesh funding has also worked to try and ensure justice for garment workers, supporting a number of NGOs to file public interest litigation to protect workers’ rights, and increase awareness of worker rights. To support this, in 2015 the British High Commission began work with Global Rights Compliance and Action Aid Bangladesh to increase state, corporate, trade associations and trade union understanding and uptake of the UN Guiding Principles, increase accountability and reduce human rights violations in the garment, leather and tannery sectors.”
Section II: Priority Areas of the National Action Plan on Responsible Business Conduct …
Priority Area (3) Strengthening Access to Remedy: “[…] The USG commits to strengthen access to remedy and to enable communities affected by USG investments or who utilize USG dispute mechanisms to access remedy safely and without reprisal. To do so, agencies and offices will strengthen USG-based due diligence processes and grievance mechanisms in consultation with external stakeholders through the following measures …
U.S. Department of Labor (DOL): DOL will develop innovative access to remedy systems through funding a $2 million technical assistance project implemented by the ILO that promotes worker-driven social compliance and protects labor rights in global value chains.
Section III: Additional National Action Plan Commitments
…
Table 3: Access to Remedy Commitments
The Bureau of International Labor Affairs will “fund a project to improve the implementation of worker-driven social compliance systems that promote fundamental labor rights and acceptable conditions of work, including the elimination of forced labor, in supply chains. Piloted in the Indonesian palm oil sector, this project will create or refine a model for social compliance systems that can be replicated in other countries and sectors to help ensure that workers have a say in securing for themselves fair working conditions. The duration of this project will be three years.” (p.23)
Table 4: Technology Commitments
The Department of State will “designate a labor and AI expert to increase engagement on the impact of AI throughout labor-related workstreams. The expert will consult with regional and functional teams on opportunities to increase attention to the impact of AI on internationally recognized labor rights, workplace safety, worker well-being, and labor rights issues arising within the AI value chain such as in data labeling and content moderation across multiple State workstreams.” (p.27)
Workers’ Rights (p.30-32)
“Promoting internationally recognized labor rights, including freedom of association and the right to not be subjected to forced labor, is key to achieving inclusive growth, enhancing stability, and leveling the playing field for U.S. workers and businesses. The USG regularly leverages its diplomatic engagement, trade policy, programming, and reporting to foster respect for internationally recognized labor rights and help develop commitments by key stakeholders to respect these rights. This includes a steadfast commitment to promoting RBC both domestically and internationally. Moreover, the establishment of the Global Labor Strategy significantly bolsters our efforts in this regard. Through this initiative, the USG will better coordinate its resources and initiatives to address emerging labor rights issues comprehensively. The following commitments seek to strengthen USG capacity to engage on emerging labor rights issues and strengthen implementation of measures that combat the use of forced labor.
Table 5: Workers’ Rights Commitments
The Office of the U.S. Trade Representative (USTR) will address forced labor in traded goods and services by establishing a Forced Labor Trade Strategy to identify priorities and establish an action plan for utilizing existing and potential new trade tools. USTR will conduct an interagency review across the USG through the Trade Policy Staff Committee’s Subcommittee on Trade, Forced Labor, and Child Labor to examine existing trade policies and tools used to combat forced labor, including forced child labor, in order to identify areas that may need to be strengthened and gaps that may need to be filled. USTR will use this analysis to establish objectives, priorities, new tools, and key action items to advance development of the strategy. The process will maximize input from stakeholders, including victims; labor and human rights organizations; civil society; and the private sector.
DOL (Department of Labor) will work toward enabling informal mining operations to better meet international standards by piloting innovative strategies to develop traceability initiatives that facilitate companies’ legal purchase of artisanal and small-scale mining (ASM) cobalt under internationally recognized standards from mining cooperatives from the Democratic Republic of the Congo and other countries. DOL technical assistance projects will support efforts to improve ASM sector mining operations’ compliance with national laws and regulations, meet international standards, and standardize safety and labor protections in the sector.
DHS (Department of Homeland Security) will convene biannual stakeholder engagements on the implementation of the UFLPA Strategy to enhance its ability to be responsive to external stakeholder input. These meetings will include stakeholders from the private sector and civil society and will provide key Forced Labor Enforcement Task Force updates on efforts related to the UFLPA Entity List, UFLPA Strategy Updates, diplomatic outreach, and CBP enforcement of the UFLPA rebuttal presumption. Meetings will incorporate a robust discussion on ways to improve RBC with regards to the implementation of the UFLPA in the United States and among international partners.
CBP and Homeland Security Investigations (HSI), the Center for Countering Human Trafficking’s newly established Forced Labor Investigations Unit, will improve information sharing with the aim to increase the number of WROs and Findings as well as criminal investigations into allegations of forced labor. Increased information sharing will enhance the relationship between HSI and CBP, which will improve CBP’s ability to identify and prevent the entry of products made with forced labor into the United States through the use of WROs and Findings and to enhance HSI investigations into importers who knowingly violate U.S. trade laws and/or benefit from forced labor.
The National Oceanic and Atmospheric Administration, in coordination with the Departments of State and Labor, will continue to promote the adoption of international labor standards for crew and observers in international fisheries management bodies. These standards include provisions to ensure that crew have safe, legal, and sanitary conditions aboard fishing vessels and receive adequate remuneration for their work. The standards also call for legal and fair recruitment processes.
USAID (US Agency for International Development) will build on its work to advance worker empowerment, human rights, and labor standards through its Global Labor Programming. The program, implemented by the Solidarity Center, Solidar Suisse, and Sightsavers, will work with local civil society partners and trade unions to improve working conditions for marginalized workers; expand fundamental labor rights and social protections for workers; and strengthen the resiliency of trade unions and worker organizations to advocate for better wages and working conditions.
State will encourage high labor standards globally by promoting agreements and frameworks between businesses and worker organizations that ensure respect for labor rights. Through diplomacy, State will elevate and encourage social dialogue between businesses and labor organizations, including with independent and democratic trade unions, and promote highroad or best practices such as enforceable agreements between parties to safeguard rights and promote high labor standards in supply chains, sectors, or industries.
HHS (Department of Health and Human Services) will launch new resources under its Look Beneath the Surface (LBS) public awareness and outreach campaign on trafficking in persons specific to migrant farmworkers. The LBS campaign encourages help-seeking behaviors among people who may be at risk for or experiencing human trafficking and the professionals who engage with them.
ILAB (Bureau of International Labor Affairs) will launch an online RBC and Labor Rights Information Hub to communicate a clear point of view, expectations for RBC, and a whole-of government approach to labor rights throughout business operations and supply chains of U.S. companies. The RBC InfoHub will provide a central repository of USG agency guidance, tools, and resources to facilitate and incentivize adoption of effective corporate accountability models and practices relevant to labor rights outcomes in business supply chains as well as with U.S. government procurement and accountability officers to facilitate efforts to conduct due diligence.”
Raising awareness and building capacity; reviewing and improving policies and laws and improving the effectiveness of the implementation of policies and laws (including improving efficiency and promoting access to remedies) in order to promote RBP in Viet Nam for the period of 2023-2027 to enhance the positive impacts and minimize the negative ones of economic and business development activities on society and the environment (focusing on investment and environment; protecting the legitimate rights and interests of workers, consumers and vulnerable groups), thereby contributing to promoting the circular economy and improving Viet Nam’s socialist-oriented market economy.
II. TASKS AND ACTIONS
2. Policy and law improvement
b) In labor
– Reviewing, amending, supplementing and promulgating laws and regulations concerning the promotion and protection of labor rights, welfare of employees in industrial relations and employment in line with international labor standards to which Viet Nam is a party (including Law on Safety and Occupational Hygiene, Law on Social Insurance, Law on Employment and their guiding instruments)
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, government-attached agencies and other relevant agencies
+ Outputs: Review reports, suggestions and recommendations (if any)
+ Deadline: 2025
– Studying and drafting policies on job protection, retraining and protection of employees in the relationship with platform-providing companies in the context of digitalization;
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies.
+ Outputs: Review report and proposals and recommendations (if any).
+ Deadline: 2025.
– Studying, amending, supplementing or promulgating the Law on Trade union and its guiding instruments
+ Lead agency: Viet Nam General Confederation of Labor;
+ Coordinating agencies: Ministry of Labor, War Invalids and Social Affairs, ministries, ministerial-level agencies, governmental agencies and other relevant agencies;
+ Outputs: Law on Trade Union (amended) and its guiding documents (if any);
The UN Guiding Principles on Business and Human Rights (UNGPs) highlight the state’s responsibility to have adequate laws in place to protect workers’ rights, give guidance to businesses on what is expected of them, and to ensure adequate enforcement of these laws (UNGPs 1-3). UNGP 12 states that “[t]he responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.” The Gender Guidance to the UNGPs furthers that ‘[i]n order to respect the internationally recognized rights of women, business enterprises should consider, among other instruments, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child relevant in all circumstances and throughout their operations.
Belgium (2017 - open)
Chile (2017-2020)
Colombia (2020-2022)
Czechia (2017-2022)
Denmark (2014-open)
Finland (2014-2016)
France (2017-open)
Georgia (2018-2020)
Germany (2016-2020)
Ireland (2017-2020)
Italy (2021-2026)
Japan (2020-2025)
Kenya (2020-2025)
Lithuania (2015-open)
Luxembourg (2020-2022)
Mongolia (2023-2027)
Netherlands (2022-2026)
Nigeria (2024-2028)
Norway (2015-open)
Pakistan (2021-2026)
Peru (2021-2025)
Poland (2021-2024)
Slovenia (2018-open)
South Korea (2018-2022)
Spain (2017-2020)
Sweden (2017-open)
Switzerland (2020-2023)
Thailand (2019-2022)
Uganda (2021-2026)
United Kingdom (2016-open)
United States (2024 - open)
