Workers’ rights

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.

Workers’ rights at the international level are laid out in number of human rights conventions and treaties including the Universal Declaration on Human Rights (Articles 23 and 24, 1948) and the International Covenant on Economic, Social and Cultural Rights (1966) which provide for:

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 June 2019, the International Labour Conference adopted a new Convention and Recommendation to combat violence and harassment in 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

In the baseline analysis, workers’ rights was identified as one of the core issues that the NAP should cover.

Action point 8

Encourage international framework agreements

Encourager les accords-cadres internationaux

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

Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics

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

Evaluer le label belge visant à promouvoir la production socialement responsible

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

Plaider au niveau de la Belgique pour le renforcement de l’intégration du développement durable (y compris des droits de l’Homme) dans les accords de libre échange

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

Accorder une attention particulière à la ratification d’une série de conventions de l’OIT ayant trait à la santé et la sécurité au travail

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”

Exécution du Plan d’action flamand “Entrepreneuriat international durable 2014-2015-2016” (« Duurzaam Internationaal Ondernemen 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.

Pillar 1: The State Duty to Protect Human Rights

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.

I. CONTEXT

(…)

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.
The Czech Republic activity combats human trafficking in accordance with the National Strategy to Combat Human Trafficking in the Czech Republic 2016-2019.
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”

2. The state duty to protect human rights

2.3 Actions taken

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.”

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.”

I. The State’s Obligation to Protect Human Rights

The International Framework

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. …

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.”

C. National Priorities

[page 7]

Business impact on human rights may touch multiple subjects (such as workers, … ) in several ways (discrimination, exploitation, pollution, etc.) and within different contexts of economic activities (agriculture, textile, finance, oil and gas and so on) …

Irregular work and agricultural sector

[page 14]

The ‘National Action Plan Against Trafficking in and Serious Exploitation of Human Beings’ provides for preventive measures in countries of origin where exploitation and trafficking of migrants in irregular work mostly occurred. Within this framework, a 2014 Decree has established the “Rete del Lavoro Agricolo di Qualità”: a network aimed at countering irregular work in agriculture by connecting companies compliant with specific requirements under labour, social security and fiscal law (such as the application of local and national agricultural sector work agreements). Companies compliant with the requirements under labour, social security and fiscal law may apply for joining the network, and this is rewarded with special incentives. Companies listed in the network receive special benefits, such as being included in a “white list”. This list is taken in consideration by the government enforcement agencies, which prioritize their controls over companies not belonging to the network (the rule does not apply if workers or trade unions representatives ask for intervention or in case of complaints to judicial authority or other administrative authorities). Such reward mechanisms from Public Administration incentivize promising and best practices in the field of countering irregular work in the agricultural sector.

In line with this approach, the Law n. 199 of 29.10.2016 “Disposizioni in materia di contrasto ai fenomeni del lavoro nero, dello sfruttamento del lavoro in agricoltura e di riallineamento retributivo nel settore agricolo” (provisions on countering undeclared labour, labour exploitation in agriculture and wages rebalance in agricultural sector), provides for measures aimed at improving the criminal prosecution of the phenomenon (through the crimes of illicit intermediation and work exploitation) with particular regard to illicit capital accumulation by exploiters and the provision of confiscation of the goods and properties acquired through the exploitation activity. The Law provides for victims’ compensation and the activation of a plan for the treatment of seasonal workers (in particular foreign ones) with the direct involvement and control of Regions on their conditions …

… In line with the goal of countering exploitation in the agricultural sector, the Centre of Politics and Bio economy of CREA (former INEA) within the Ministry of Agricultural, Food and Forestry Policies, and within the National Operational Project “Sicurezza per lo Sviluppo” (Safety for Development), has set up an Immigrants database with the aim of improving monitoring and control activities especially with regard to immigrants and workers recruited through racket and criminality. The tool collects data geographically (33 specific agricultural areas in about 270 municipalities for a total number of 26 productive divisions employing immigrant workers) and by monitoring seasonal work demands, consequently identifies the manpower needed over the year.

Planned measures

[page 15]

Extend the scope and mandate of the “Rete Lavoro Agricolo di Qualità” to the food mass distribution companies and intermediaries with the aim of promoting the social responsibility of agro-food industry for workers’ exploitation;
Promote the realization of interventions on immigrants’ rights protection in line with the project “villaggio solidale” (as developed in Puglia Region and coordinated by Coldiretti and Focsiv) that has led to the conclusion of regular employment contracts between agriculture industries and immigrants workers in the harvest seasons; …

The State-Business Nexus

[page 21]

… Italy has adopted the Legislative decree 19 April 2016, n.50, implementing the EU Directives, introducing a framework of a “socially responsible public procurement policy” and reputational requirements in public procurement awarding. With regard to companies directly or indirectly owned by the State, and following a joint effort with the Minister of Economy and Finance, in 2015 A.N.AC. issued guidelines on: … respect of the rights of workers involved…

Strategic priority 3.6. Promote public policies aimed at the prevention and mitigation of adverse impact caused by private, public or mixed business activities

…

3.6.7. Establish, together with the social and private sectors, the necessary measures in order to ensure satisfactory working conditions for agricultural labourers.

…

3.6.9. Encourage public, private and mixed businesses to adopt the necessary measures in order to promote employment formalisation and prevent precarious work.

Content from non-BHR specific chapters in the Human Rights NAP:

Strategic priority 1.7. Promote the adaptation of the normative framework through the creation, modification and derogation of norms for the realisation of human rights

1.7.6. Propose the necessary modifications of labour law norms in order to increase the maternity and paternity leave period in case of birth and adoption.

3.1 An active role for the government

Level playing field [page 15]

“The Netherlands is also committed to universal ratification of the ILO’s fundamental labour standards: the ban on child labour and forced labour, equality of opportunity and treatment, and freedom of association.”

2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

5. Planned changes in national legislation

Amendment to the Trade Union Act section [page 25]:

The Ministry of Family, Labour and Social Policy has drafted a bill amending the Trade Union Act that provides for extending the right of workers to organize onto individuals performing paid work but not mentioned in the provisions of the Act (in particular contractors or self-employed individuals), who have all the characteristics of workers within the meaning of the Constitution. The proposed changes are a consequence of the decision of the Constitutional Tribunal of 2 June 2015, ref. Act K 1/13, which ruled that Article 2(1) of the Trade Union Act, in so far as it restricts the freedom of associating in and joining trade unions by individuals pursuing paid work not referred to in that provision, violates Article 59(1) in conjunction with Article 12 of the Constitution of the Republic of Poland. It is planned to adapt the provisions of the current trade union law to new realities after the extension of workers’ right to organize and the need to ensure that all trade unionists, irrespective of the nature of their legal relationship with their employer, are 26 able to freely exercise the right to organize in trade unions. The bill is currently in legislation. The draft law has been reviewed by social partners, e.g., as part of the proceedings of the Social Dialogue Council.

…

Right of female workers to protection [page 15]:

In view of the right of employed women to special protection under Article 8 of the European Social Charter, as well as the right of mothers to special protection during the period before and after childbirth under Article 10 of the International Covenant on Economic, Social and Cultural Rights, and under Article 177 LC, the employment relationship with a female employee during her pregnancy or while on maternity leave is subject to particular protection. During this time, an employer may not terminate an employment contract with or without notice unless there are reasons justifying termination without notice through the fault of the employee and an enterprise trade union representing the employee has consented to the termination of the employment contract.

During pregnancy or maternity leave, it is possible to terminate an employment contract solely in the event of the declaration of bankruptcy or the liquidation of the employer. In such cases, however, the employer is obliged to agree with the enterprise trade union representing the female employee on the date of the termination of their employment contract. If it is not possible to ensure other employment within that period of time, the female employee is entitled to the benefits specified in separate provisions on cash benefits from social security in the event of sickness or maternity.

The special protection of the employment relationship does not apply to female employees on a trial period not exceeding one month or to employees hired under an employment contract for a definite period of time concluded to replace an employee during a justified absence from work. These regulations also apply accordingly in the case of employees taking parental leave.

The Labour Code also contains a number of provisions governing specific rights of employees related to parenting, including the provisions on maternity, parental, paternity, and child-care leave, as well as provisions to facilitate the fulfilment of parental responsibilities in relation to child care and education, including regulations that make it possible to combine leave with part-time work or regulations on working time and the use of exemptions from work or breaks from work.

The particular protection of employment relationships during pregnancy and maternity leave is subject to modifications resulting from the provisions of the Act of 13 March 2003 on special rules regarding the termination of an employment relationship for reasons not related to employees (Journal of Laws of 2016, Item 1474). This law, which applies to employers with at least 20 employees, allows for termination of current employment and working conditions with notice, while still prohibiting termination, both in the case of collective redundancies and individual termination of an employment relationship during pregnancy and maternity leave. These regulations also apply accordingly in the case of employees taking parental leave.

According to the Act on the Implementation of Certain Regulations of the European Union Regarding Equal Treatment, in the case of a violation of the principle of equal treatment, laid down in that law, against an individual, including in connection with pregnancy, maternity leave, leave on terms of maternity leave, paternity leave, parental leave, or child-care leave, the person is entitled to compensation.

Pillar II: The corporate responsibility to respect human rights

Implementation of the UN Sustainable Development Goals [page 29]:

The SDGs also have a clear business justification with real opportunities to take concrete action on both investments (including in important sectors, such as infrastructure, energy, and industrial production) and responsible business conduct, such as appropriate labour standards, respect for workers’ rights, rational use of resources, and clean and environmentally friendly technologies and production processes.

Pillar III: Access to remedies

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 [pages 48,49]:

By verifying compliance with the law in relation to temporary workers, labour inspectors verify that there is 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.

…

6. Planned actions to provide access to remedies [page 50]:

There have been instances of labour-law violations identified among entities conducting the activities of a temporary employment agency. This phenomenon is not widespread, but given its social dimension, it is necessary to monitor it continuously and take actions to improve the standards of temporary work and the protection of temporary workers. (…)There are two mechanisms for dealing with complaints about abusive practices in employment agencies. Any person who becomes aware of non-compliance by an employment agency with the provisions of the Act on Promotion of Employment and Labour Market Institutions, including abuse and fraudulent practices on the part of such an entity, may file a complaint to the marshal of the voivodship competent for the seat of the employment agency or the National Labour Inspectorate. In the case of temporary employment agencies, the complaint may also concern non-compliance with the provisions of the Act on the Employment of Temporary Workers and other labour-law provisions. Employees’ organisations (i.e., trade unions) and employers’ organisations are also entitled to lodge such complaints.

Appendix 1

International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights, the NAP [page 55]:

ILO Tripartite Declaration of Principles on Multinational Enterprises and Social Policy of 1977 (last change in 2006): refers to the obligation of enterprises to respect human rights and workers’ rights in many respects, taking into account the existing ILO acquis.

2021-2024 NATIONAL ACTION PLAN

4. Ministry of Family and Social Policy

Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY

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:

o 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;

o providing support for social economy entities employing older persons;

o 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.

Promoting the principles of corporate social responsibility and age management among employers will be implemented through:

o conducting information campaigns, trainings for employers on the benefits following from employment of an older person;

o creating an image of an economically active older person in the social and media space;

o promoting flexible forms of employment among employers;

o 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. – page 16

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:

· modification and supplementation of the employment support system and professional activation of persons with disabilities, including through development and implementation of the National Programme for Employment of Persons with Disabilities and implementation of supported employment,

· professional activation of persons with disabilities implemented, inter alia, through employment in social and solidarity economy entities (especially in social enterprises),

· creation of work environment friendly for employees with disabilities, inter alia through working out a model of support for persons with disabilities in the work environment,

· 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,

On the basis of so indicated outcomes for the Work priority area the key indicator was established as follows: Employment rate of working-age persons with disabilities, which in the base year 2018 reached the value of 26.2% and the target value is to be increased to 40% by 2030. – page 18/19

Update of the ‘Family and work’ platform

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

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. – page 21

The right to a fair wage

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 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. – page 21/22

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

• 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. – page 33

• 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 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. – page 34

13. National Labour Inspectorate

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. – page 35

Powers of PIP authorities

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. – page 36

Supervisory and inspection activities

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). – page 37

Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour

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. – page 37

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. – page 38

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

Respecting the dignity and other personal interests of employees is a fundamental duty of employers. (…)

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. – page 39

Appendix 2 (information of the Ministry of Foreign Affairs)

GOOD PRACTICE CATALOGUE FOR FOREIGN MISSIONS IN THE FIELD OF BUSINESS AND HUMAN RIGHTS2

Point relating to consular activities:

– counteract the phenomenon of trafficking in human beings for forced labour through the implementation of an appropriate information policy, the application of regulations and guidelines relevant to consular services in this regard and ongoing cooperation with services and NGOs dealing with this issue. – page 48

Slovenia’s Priorities

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)

C. Current Status

1. Domestic Status [page 3]

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.

Guiding Principle 1

“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.

Outcome 1.1: Promoting RBC Globally

Ongoing Commitments and Initiatives [page 8-9]

“International Labor Organization: The U.S. government will continue to engage with representatives of employers and workers, and with other governments, to address key issues including but not limited to: employment, protection of worker rights, and social protection. To that end, the U.S. government played an active role in the June 2016 International Labor Conference discussion on the opportunities and challenges in advancing decent work in global supply chains.” – Implementing Department or Agency: DOL, State

“Executive Orders and Regulations that Set Global Standards: DOL will continue to vigorously enforce new and existing protections for job applicants and workers of federal contractors, including those who are based outside of the United States. See Annex II for policies promoted by E.O.s that impact the responsible conduct of foreign companies that do business with the U.S. government.” – Implementing Department or Agency: DOL, State

Outcome 2.1: Enhance the Value of Multi-Stakeholder Initiatives on RBC

New Actions [page 14-15]

“Promoting Worker Voice throughout Global Supply Chains: DOL, State, and USAID will promote worker voice and empowerment throughout global supply chains and will commit to: (1) building innovative tools to empower workers to directly report to relevant Departments concerns in federal supply chains; and (2) leverage public-private partnerships, stakeholder engagement, and labor diplomacy to promote worker empowerment throughout global supply chains. This effort will enhance the visibility of workers’ perspectives and of their representative organizations, and promote the ability of workers to organize. Various U.S. government agencies have funded and/or participated in initiatives to support stronger worker voice, such as through the Partnership for Freedom and the Supply Unchained initiatives.” – Implementing Department or Agency: DOL, State, USAID

“ILO-International Finance Corporation (IFC) Better Work Program: More than 60 American apparel brands are part of the Better Work program, implemented by the ILO in partnership with the IFC. DOL has funded Better Work programs in Bangladesh, Cambodia, Haiti, Jordan, Lesotho, Nicaragua, and Vietnam. The Better Work program is being implemented in 1,343 export apparel factories, supporting better labor conditions for approximately 1,750,000 workers worldwide.” – Implementing Department or Agency: DOL

Outcome 3.1: U.S. Government Reports

Ongoing Commitments and Initiatives [page 18]

“Human Rights Reports: State will continue to publish its annual Human Rights Reports, which cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and international agreements.” – Implementing Department or Agency: State

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

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

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 – SDG 8 and 17 – UNGPs Articles 1, 8, 25, 26, 27, 28, 29 and 31