Workers’ rights encompass a large array of human rights from the right to decent work and freedom of association to equal opportunity and protection against discrimination. Specific rights related to the workplace include health and safety in the workplace and the right to privacy at work, amongst many others. Given the relationship between workers, employers, and the state, worker’s rights are where ‘business’ and ‘human rights’ most often intersect.
the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts;
the right to the enjoyment of just and favourable conditions of work, in particular remuneration which provides all workers, as a minimum, with fair wages and equal remuneration for work of equal value, and a decent living for themselves and their families;
Safe and healthy working conditions;
Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;
and rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays;
the right of everyone to form and join the trade union of his choice and the right to strike, provided that it is exercised in conformity with the laws of the particular country.
Since 1919, the International Labour Organization (ILO) has developed a system of international labour standards. These are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work. The ILO’s Governing Body has identified eight conventions as “fundamental” which address freedom of association, collective bargaining, equal remuneration, non- discrimination, and eliminating forced and child labour. Other non-fundamental ILO Conventions cover issues from wages, working hours, occupational health to safety, maternity protection, and social security. The ILO has likewise developed several gender equality standards, including: The principle of equal remuneration for men and women workers for work of equal value (Equal Remuneration Convention); The prohibition of discrimination on the basis of, among others, sex (Discrimination (Employment and Occupation) Convention); The provision of equal opportunities and equal treatment for workers with family responsibilities to engage in employment (Workers with Family Responsibilities Convention); The provision on supporting women’s reproductive rights (Maternity Protection Convention).
The UN Guiding Principles on Business and Human Rights (UNGPs) highlight the state’s responsibility to have adequate laws in place to protect workers’ rights, give guidance to businesses on what is expected of them, and to ensure adequate enforcement of these laws (UNGPs 1-3). UNGP 12 states that “[t]he responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.” The Gender Guidance to the UNGPs furthers that ‘[i]n order to respect the internationally recognized rights of women, business enterprises should consider, among other instruments, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child relevant in all circumstances and throughout their operations.
Goal 8 of The Sustainable Development Goals is entitled ‘Decent Work and Economic Growth’, with the aim to “Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all”. The ILO have highlighted how decent work is central to sustainable development.
Most states have legislative protections for workers’ rights, although gaps exist between policy and practice in a number of jurisdictions. Businesses should ensure that they respect the local laws protecting workers’ rights, and in situations where these laws fall short of international standards (e.g. businesses can engage with trade unions in states where there is no local legislation on the issue) aim to adhere to the higher standard. Business can also voluntary adopt higher standards which are not prescribed by law in their operations (e.g. a business can provide maternity/ parternity leave where local legislation does not provide for it, and a business can provide a living wage where a state does not provide for it, or where the minimum wage does not constitute a living wage).
An example of measures to protect workers’ rights can be found in the UK Modern Slavery Act 2015 (MSA) which established three criminal offences: (i) slavery, servitude and forced or compulsory labour (s1), (ii) human trafficking (s2) and (iii) committing any offence with the intent to commit human trafficking (s4). The first case under the MSA resulted in the High Court of England and Wales holding that a company had failed to pay the national minimum wage, had made unlawful deductions from wages and had failed to provide adequate facilities to wash, rest, eat and drink, and were ordered to pay compensation to the victims. The first conviction of a UK business person for conspiracy to traffic was in connection with the supply of labour and saw him sentenced to 27 months in jail.
A further example of measures to protect workers’ can be seen in the area of the gender pay gap. The UK has introduced legislation and regulations which mandates that employers with over 250 employees publish their gender pay gap data and a written statement on their public-facing website and report their data to government online – using the gender pay gap reporting service on the following areas:
Gender pay gap (mean and median averages);
Gender bonus gap (mean and median averages);
Proportion of men and women receiving bonuses;
Proportion of men and women in each quartile of the organisation’s pay structure.
There are also examples of measures taken to protect workers’ rights includes addressing family or domestic violence in the workplace. A study of domestic violence in Canada and its impact on the workplace has found more than one third of workers across the country experienced domestic violence in their lifetime, and for more than half of those affected, the violence followed them to work. Family or domestic violence is often illegal under wider criminal laws, but certain jurisdictions, including a number in Canada and the USA, have introduced legislation to address the issue.
All people working in Australia under relevant Commonwealth workplace laws are entitled to general workplace protections. The Fair Work Act 2009 (FW Act) and the Fair Work Regulations 2009 are the main legislation governing the employee / employer relationship in Australia. They provide a safety net of minimum entitlements, enable flexible working arrangements and fairness at work and prevent discrimination against employees. In Australia, the Fair Work Ombudsman administers the laws and regulations that govern Australia’s workplaces and its services are free to all workers and employers in Australia.
In 2017, Brazilian legislators substantially reformed the 1943 Consolidation of Labour Laws with the passing of Law No. 13,467/2017. Key aspects of the reform provide that:
Employees’ committees are mandatory for companies with more than 200 employees.
Collective bargaining agreements prevail, in certain circumstances, over labour laws, including in areas such as working hours, time banking, breaks, and vacation.
Payment of the union tax is no longer mandatory.
Workers and unions have more freedom to negotiate their rights in employment agreements.
In September 2018, Rwanda’s New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) came into force, enacting new changes that include:
The right of reinstatement for employees dismissed for economic or technical reasons.
Reduced probationary period from six to three months.
Unlawful termination of employment contract gives rise to the payment of damages.
An employee cannot be dismissed as a result of occupational accident unless a recognized doctor declares him/her unfit to resume service in the employment he/she held prior to the accident..
Any contract termination without notice or without having fully observed the notice period results in the party responsible for termination paying the other party the compensation provided for by this Law.
A number of guides and tools have been produced on designing and adopting measures within businesses. A number of businesses have adopted policies on addressing family and domestic violence within the workplace.
In the 2030 Agenda for Sustainable Development, workers’ rights are reflected directly in SDG 8 on decent work and economic growth, where promotion of labour rights, safe and secure working environment for all workers, freedom of association and collective bargaining (SDG 8.8), forced and child labour and human trafficking (SDG 8.7), equal pay for work of equal value (SDG 8.5) are addressed. This goal also specifically mentions persons with disabilities, migrant workers, women and women migrant workers as groups with specific vulnerability in this area. Respecting and promoting workers’ rights can equally contribute to the realisation of other SDGs and targets, such as eradicating extreme poverty (SDG 1.1) or achieving greater equality (SDG 10.4). Responsible business conduct can therefore significantly boost progress towards multiple SDGs.
8) Decent Work and Economic Growth
No references.
What National Action Plans say on Workers’ rights
Belgium
In the baseline analysis, workers’ rights was identified as one of the core issues that the NAP should cover.
This point briefly mentions that international agreements “are mainly based on the ILO Declaration on Fundamental Principles and Rights at Work.” And that “a large number of agreements are also targeting suppliers and subcontractors”. It also describes that in September 2007, the International Metalworkers’ Federation, the International Federation of Chemical Workers and Umicore concluded an international framework agreement, including the respect for human rights, labor rights and the environment . Umicore’s agreement was the first ever concluded by a Belgian multinational company.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
The NAP explains that procurement policy considers compliance with the Basic Conventions of the International Labor Organization as an essential performance criterion. However, procurement policy could also include more specific emphasis on the respect for other human and labour rights.
The Flemish government adds that “sustainable public procurement is an important lever in promoting the respect for workers’ rights. They are a good way to encourage and/or require companies to formally commit themselves to better working conditions internally and within their international supply chains.
Action point 14
Evaluate the Belgian label to promote socially responsible production
This point presents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. Companies able to demonstrate that core labor standards were respected throughout their production chain for their products and services, can apply the “Belgian social label” to these products and services. The Minister for Economic Affairs grants the label on the basis of a binding opinion by a stakeholder committee.
While the Belgian social label guarantees consumers the respect for human rights, and labor rights in particular, throughout the entire supply chain, a series of limitations seem to have held back its success. The planned action includes drawing up these limitations, so that solutions can be formulated for the relaunch of a new upgraded label. Moreover, the NAP suggests that the information collected from the research may be useful for the discussion on introducing a “Made in Europe” label, which should promote respect for European standards, including the respect for human rights, with particular attention on workers’ rights and products.
Action point 17
Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements
The federal government states that during negotiations at the European level, Belgium will advocate for the respect and inclusion of fundamental labour rights and international environmental standards – including in cases of development cooperation – in investment agreements and free trade agreements.
The government of Wallonia states that it will continue to advocate for the revision of model texts used in negotiations of commercial treaties in order for them to specifically respect human rights, labour rights and social norms, as well as environmental measures, accompanied by financial or commercial sanctions.
Action point 26
Pay particular attention to the ratification of a series of ILO conventions to health and safety at work
This point addresses the issue of workers’ rights, particularly the issue of the right to health and security at work. Engagements will include the ratification of:
ILO Convention No. 187 on Occupational Safety and Health.
ILO Convention No. 167 on Safety and Health in Construction.
Convention No. 170 on Safety in the Use of Chemical Substances at Work
The government explains that by ratifying these key safety and health conventions “Belgium will not only strengthen its own occupational health and safety system, but also to encourage
other countries to follow through.”
Action point 28
Implementation of the Flemish Action Plan “Sustainable International Entrepreneurship 2014-2015-2016”
The government of Flanders states that “besides the need to raise awareness of international guidelines and to provide support for their implementation, there is a specific need for practical advice and instructions (on environmental standards, labor rights, human rights) to apply sustainable international entrepreneurship in selected countries and sectors.
Strand 1: Training in the Field of Business and Human Rights
Action Point 1.3 (pages 30-31)
The Ministry of Labour will:
Train workers about their rights and the Guiding Principles through the introduction of subjects related with business and human rights in the study programmes of the Trade Union School, with emphasis, inter alia, on labour rights and child labour.
Train businesses (guilds, confederations, associations and SMEs), unions and civil servants on business and human rights, emphasising labour rights.
Inform users about this Action Plan through a banner uploaded in the ministry’s website portal -aimed at providing additional information on this topic, and showing the measures that the ministry is carrying out in the relevant field.
Strand 3: Inclusion and Non-Discrimination
Action Point 3.2 (page 36)
The Ministry of Social Development will:
Organise, through the Indigenous Affairs Coordination Unit, a Coordination Board including the participation of indigenous peoples and relevant organisations with the purpose of proposing non-discrimination and inclusion measures in the labour market. This Board will take into consideration the international standards set out in Covenant 169, as well as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recommendations gathered from the citizens’ dialogues held within the framework of the National Action Plan about the subject.
Strand 4: Transparency and Participation
Action Point 4.7 (page 41)
The Ministry of Labour will strengthen participation mechanisms, applying a preventive focus, processes and consultation and dialogue mechanisms through the Labour Higher Council.
Strand 6: Strengthening Coherence between Public Policies
Action Point 6.5 (pages 46-47)
The Under-Secretariat of Social Security of the Ministry of Labour will coordinate national, regional and tripartite efforts concerning the National Programme for Health and Safety in the Workplace. This Programme seeks to promote the development of a national culture of prevention in health and safety issues; contribute to the protection of workers through the elimination of work-related dangers and risks, or to their reduction to a minimum level, with the purpose of preventing injuries, diseases and deaths caused by work and promote health and safety in the workplace. Implementation will be based on ILO Convention No. 187 about the Framework for Health and Safety in the Workplace and the Programme of Government of the President of the Republic, through a regional and nations process consultation to representatives of the employers, workers, government entities and bodies responsible for enforcing Law No. 16,744.
Strand 8: Legislation, Policies and Incentives
Action Point 8.3. (page 49)
The Ministry of Labour and the Ministry of Social Development will continue promoting labour inclusion through the creation of the regulation supporting the Labour Inclusion Law, thus fostering inclusion from a human rights perspective.
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
Job creation: the government seeks increasing employment through a strategy that combines support to Small and medium enterprises (which generate around 90% of employment in the country), acceleration of infrastructure projects, incentives to orange economy [economía naranja] projects_, development in connectivity and digital transformation and support to sector specially impacted by the pandemic such as tourism and the hotel industry.
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
(…)
Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.
(…)
The Ministry of Labour will formulate departmental plans for the eradication of child labour and the protection of adolescent workers within the framework of the CIETI [Comité Interinstitucional para la Erradicación del Trabajo Infantil].
(…)
The Ministry of Agriculture and Rural Development will carry out actions to formalise employability relations in the rural sector and basic minimum income, in accordance with the recognised rights of rural workers, taking into account a differential approach for the sector.
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
The Presidential Advisor’s Office for Human Rights and International Affairs will carry out accompaniment and advice sessions for employers on the importance of labour inclusion for the vulnerable population, highlighting its importance in the reactivation phase of Covid-19.
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
The Ministry of Trade, Industry and Tourism [MINCIT] will link public-private policy networks related to competitiveness, productivity and income and employment generation to human rights and business processes and guidelines.
(…)
The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights
The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.
Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region
(…)
The Ministry of Labour [Mintrabajo] will support the strengthening of the trade union association process through training focused on raising awareness among the labour force on the right to association.
Most serious infringements of working conditions [page 16-18]
“Implements Principles 1, 2 and 8
Even in advanced countries, we come across cases where employees find themselves in a highly vulnerable position and are required to put up with undignified working conditions, and where their employer, for instance, refuses to pay them. The victims of this abuse are frequently foreign nationals as they have limited opportunity to defend themselves. Evidence of such practices can also be found in the Czech Republic. [The footnote states that “In 2008, an organised group was detected that had been recruiting farmworkers abroad. These recruits, sometimes working between 12 and 18 hours a day, were paid only a fraction of the wages they had been promised (Judgment of the Supreme Court 7 Tdo 1261/2013 of 12 March 2014). In 2009, there was a case where at least 22 construction workers were found to have been enslaved for up to 2 years (Judgment of the Supreme Court 4 Tdo 366/2013 of 14 May 2013). Between 2009 and 2011, there were several cases of large-scale labour exploitation involving up to several hundred workers in the forestry sector (Finding of the Constitutional Court II. ÚS 3436/14 of 19 January 2016 and Finding of the Constitutional Court I. ÚS 3196/12 of 12 August 2014).”] Those working in other people’s households are another risk group. Such actions have fallout for employees, for the state (which is robbed of taxes and insurance contributions), and for honest businesses, who cannot compete with such labour.
Whereas minor cases of labour-law violations are subject to checks by labour inspection bodies, more serious cases can be prosecuted as crimes. However, for these modern-day unfair practices to be detected and prevented effectively, there needs to be coordinated cooperation between many state bodies and social partners. There may be numerous labour-law violations in supply chains, via temporary employment agencies, or at entities that act as recruiters but do not hold a permit to do so. To make it possible to stamp out these most serious forms of abuse, businesses themselves should pay attention to working conditions at their partners and, if they detect any breaches of the law, they should either demand that corrective action be taken or sever ties. The state’s role here is to create a functioning labour market that will not cater to illegal practices. This does not mean just the repression of the perpetrators, but also the shaping of conditions conducive to the legal employment of foreign nationals.
Current state of play:
The Czech Republic has ratified the International Labour Organisation’s Private Employment Agencies Convention (Convention No 181).
Directive 2008/104/EC on temporary agency work, regulating this area at EU level, and Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals have been transposed into Czech law.
A methodological guideline of the Inspector General of the State Labour Inspectorate Authority has been issued to harmonise inspection procedures in checks focusing on temporary agency work.
The constituent elements of misdemeanours and administrative offences in labour law are being clarified.
A law is being drawn up that will tighten conditions for the establishment and operation of temporary employment agencies. Users drawing on the services of such agencies are to be made co-responsible for the observance of commensurable wage and working conditions for temporary employees, and compulsory deposits are being introduced for each agency.
The Ministry of Labour and Social Affairs hosts the Interministerial Body to Combat the Illegal Employment of Foreign Nationals, which plays a coordinating role, and the Economic and Social Agreement Council’s Working Party on the Mediation of Employment by Temporary Employment Agencies.
A Concept for the Prevention of the Labour Exploitation of European Union Citizens in the Czech Republic has been produced.
Czech law contains procedures to help victims of human trafficking to legalise their stay [g. Section 42e of Act No 326/1999 on the residence of foreign nationals in the Czech Republic and amending certain acts, as amended] and to find work. [E.g. Section 97(d) and Section 98(p) of Act No 435/2004 on employment.] Although victims can take their claims to the civil courts, lawsuits tend to be lengthy and arduous for someone who cannot speak the language, is unfamiliar with the legal system, and does not have the money for a lawyer. In criminal proceedings, victims may be represented by an agent, such as a non-profit organisation. [Section 50 of Act No 141/1961 on criminal proceedings (the Code of Criminal Procedure).]
Under the National Strategy to Combat Human Trafficking in the Czech Republic 2016-2019, an analysis is being conducted of flaws in selected labour-law regulations that could pander to an exploitative working environment (Task 1 of the National Strategy).
Tasks:
Focus, via labour inspection bodies, on unravelling the illegal employment of foreign nationals and running checks on temporary employment agencies and other entities acting as recruiters without the necessary permit.
Coordinator: Ministry of Labour and Social Affairs
Deadline: Running
Evaluate the implementation of Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. The evaluation will include an analysis of the extra administrative burden and the ramifications for businesses.
Coordinator: Ministry of the Interior
Co-coordinator: Ministry of Labour and Social Affairs
Deadline: 31 December 2022
Assess whether illegal employment is genuinely being earnestly prosecuted.
Coordinator: Ministry of Labour and Social Affairs
Deadline: Running, with a comprehensive assessment on 31 December 2022
Make arrangements to raise foreign nationals’ awareness of their labour rights and obligations.
Coordinator: Ministry of Labour and Social Affairs
Deadline: Running
Raise law enforcement agencies’ awareness of issues specific to human trafficking, with a stress on victim protection and the non-punishment principle (i.e. the impunity and protection of those who have been forced into criminal activity). Take this principle into account in the preparation of legislation that may touch on human trafficking and modern-day slavery.
Coordinators: Ministry of the Interior, Ministry of Justice
Deadline: Running”
Supply chains and conflict minerals [page 20-21]
“Increasing attention is being paid to safety conditions at work (e.g. the use of slave and child labour in mining). Risks of this type are particularly serious in areas plagued by armed conflict, which can be attributed to the absence of state authority here. Raw materials imported from geopolitically unstable regions and flashpoints may be used as a source of funding to reconstruct the country and improve the conditions in which its inhabitants live. On the other hand, various groups may exploit slave or child labour in mining operations or in factories, and the proceeds from sales could then be used to pay for weapons and soldiers. The raw materials they have mined and the products they have made are then sold on the global market, often without the buyers knowing their provenance.
This is a problem that needs to be tackled internationally. One solution lies in certification schemes proving the origin of raw materials. The certification authority guarantees that workers’ rights have not been infringed during mining or production. These certificates are issued by state and international organisations on the one hand, and private issuers on the other. Current legislation allows the public sector to take into account or to demand this certification in the course of procurement, in which case it is only necessary to comply with the conditions of transparency, equal treatment and non-discrimination.”
External policy [page 28]
“Current state of play:
The Czech Republic is party to a number of international human rights treaties, including a set of International Labour Organisation conventions, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.”
Pillar II, Scope and content of the obligation to respect human rights [page 30]
“For businesses, there are three dimensions to respect for human rights:
Do not commit violations of human rights: This applies to a business’s active conduct, the direct impacts of its decisions, and its operations, and may encompass:
The health- or life-threatening working conditions of its employees.
What human rights? States bear liability for the full range of human rights. Businesses are required to respect those rights that could be affected by their operations, and must do so to the extent of a definite minimum, generally acknowledged fundamental standard deriving from:
the Universal Declaration of Human Rights;
the International Covenant on Civil and Political Rights;
the International Covenant on Economic, Social, and Cultural Rights; and
the International Labour Organisation’s core conventions. [the footnote here states “There are eight such “core conventions”, dealing with forced labour (the 1930 and 1957 conventions), freedom of association, the right to collective bargaining, equal remuneration, discrimination, minimum worker ages, and the eradication of child labour.”]
These rights are fleshed out in a series of other specific instruments, such as the OECD Guidelines for Multinational Enterprises.
In practice, this concerns matters such as the ban on forced labour, child labour, and life- or health-threatening working conditions, the ban on workplace discrimination, the hindrance of association and collective bargaining, etc.”
Pillar II, Commitment [page 32-33]
“The Government of the Czech Republic recommends that businesses adopt internal commitments in accordance with the recommendations below. …
What should a commitment encompass? …
Protection of whistleblowers: This includes, on the one hand, instructions for employees on how to proceed if they detect unlawful conduct and, on the other, protection from retaliation.”
Representation in court, legal assistance [page 44]
“Even today, a trade union organisation may represent its members and associations may, in the course of their activities, represent victims of discrimination or foreign nationals in labour cases. It is worth considering expanding opportunities for representation by those organisations in the future.
Current state of play:
If a party to judicial proceedings cannot afford a lawyer, the court may waive the court fees and appoint a representative if this is necessary to protect the party’s interests.
In August 2017, a law entered into force that ensures that low-income groups can receive free legal assistance.
The law allows certain legal persons (trade unions and associations) to represent parties to certain types of proceedings. [Section 26 of Act No 99/1963, the Code of Civil Procedure]
Environmental protection associations may enter into certain types of proceedings. [Section 70 of Act No 114/1992 on the protection of nature and the landscape]
Associations whose members come from a certain place and whose activities depend on the state of the environment are treated as holders of the right to a favourable environment. Consequently, they have the full rights of a party to environmental proceedings and may even claim those rights in court. [Finding of the Constitutional Court I. ÚS 59/14 of 30 May 2014]
The bar association may assign a low-income applicant a lawyer for the provision of free legal assistance or legal services.
Tasks:
Analyse issues surrounding an extension to the set of situations where legal persons may represent parties to proceedings.
Coordinator: Ministry of Justice
Deadline: 31 December 2020
Evaluate the way the system of free legal assistance for the poor and needy works, especially the cost to the state, the bar association and applicants, the speed at which lawyers are assigned, and how much paperwork is involved. Evaluate the possibility of adding to the group of those who provide legal assistance.
Coordinator: Ministry of Justice
Co-coordinators: Ministry for Human Rights
Deadline: 31 December 2020”
Protection of human rights through state regulation and policy [page 12]
“Denmark works to ensure that companies involved in Danish development cooperation respect human rights and act responsibly within the areas of worker’s rights, human rights, environment and anti-corruption within the framework of ILO conventions, UN Global Compact, the OECD guidelines for multinational enterprises and work towards implementation of the UN Guiding Principles on Business and Human Rights.”
Protection of human rights in the business sphere in Danish legislation [page 12-13]
“General Danish law contributes to fulfilling Denmark’s duty under human rights treaties to which it is a party against human rights abuses by private actors, including businesses. For example, the Danish parliamentary act prohibits differential treatment in the labour market from 1996 protecting against discrimination based on race, gender, skin colour, religion, political opinion, sexual orientation or national, social or ethnic origin. It is also an offense to refuse to serve a person on the same terms as others involved in commercial or non-profit company because of his/hers race, colour, national or ethnic origin, religion or sexual orientation. The Working Environment Act of 2005 and the Act on the Work of Young Persons from 2005 implement the EU Directive 94/33/EC from 1994 on the protection of young workers, and the 1956 Constitutional Act of Denmark covers freedom of association and assembly.”
Providing effective guidance on how to respect human rights [page 14]
“The revised Global Compact Self-Assessment Tool works as a self-Assessment guide to a CSR due diligence going through a questionnaire covering aspects of human rights, worker’s rights, environment and anti-corruption and including a template for a follow-up action plan.”
Appendix 1, GP 3c
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 26]
“Companies involved under Danida Business Partnerships are required and guided to undertake a CSR due diligence covering human rights, workers’ rights, environment and anti-corruption and to follow-up with an action plan in order to mitigate adverse impacts of business activities on employees and society at large.”
Appendix 1, GP 4
Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles) [page 28]
“As part of the approval process, Danida Business Finance analyses potential human rights related risks including local legislation and policies and other CSR issues. Access to finance is based on buyer’s and exporter’s compliance with ILO principles on human and workers’ rights.”
The Finnish NAP makes reference to the ILO core Conventions which include workers’ rights protections. There are also some direct references to workers’ rights.
1 The state obligation to protect human rights
1.3 Activities in the EU [page 18-19]
TRADE POLICY
“As a follow-up measure, the working group suggests that in order to reinforce the human rights aspect in the EU trade policy:
Finland promotes human rights issues in the framework of bilateral and interregional trade agreements by making use of the work of the monitoring groups for sustainable development of those agreements in matters related to trade and labour rights. …
A report shall be made on how trade and human rights as well as trade and labour rights have been taken into consideration in the free trade agreements of the EU, the United States and some other countries (such as regulation, monitoring mechanisms, dispute settlement and implementation). Principal responsible party: Ministry for Foreign Affairs, continuous activities, report by mid-2015.”
3 Expectations towards companies and support services
3.5 Support for Finnish and international organisations promoting the subject [page 28]
“In 2014, approximately EUR 17 million were spent to support the projects of the International Labour Organisation (ILO). The projects are related to matters such as rights at work, green workplaces for the construction sector, the inclusion of women in the labour market, and decent work.”
2. The International Labour Organization (ILO) [page 14]
… France is committed to seeing ILO, a source of international labour laws, establish a shared reference standard based on a common interpretation of conventions. It actively supports the universal ratification process for ILO’s eight fundamental conventions. For several years, it has also underlined the need to reinforce the organization’s supervisory system.
France is one of ILO’s more active members and has a permanent seat on the organization’s Governing Body. It adheres to and promotes the Decent Work Agenda, and fully supports the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration). The country has signed a four-year partnership agreement with the International Labour Office, which involves implementing CSR initiatives and contributing to the Better Work Programme.
Actions Underway [page 16]
…
France seeks to ensure that the issues of decent work, occupational health and safety and supply chains are addressed by the G20, particularly by working with Germany, whose presidency runs from 2016 to 2017. It also seeks to build on the G7’s commitments to the UN Guiding Principles in 2015, as well as commitments made during the International Labour Conference in June 2016, one of the three themes of which was “decent work in global supply chains”.
…
The National Framework
10. Reinforcement of Legislation [page 24]
…
The Act of 10 July 2014 on unfair social competition was adopted to transpose into national law the European Directive on the posting of workers, which seeks to fight illegal labour practices and fraud in this field. Not only does the act create due diligence obligations, it also provides for joint liability (over and above the requirements in the European Directive) whenever posted workers are used (it establishes the liability of project owners and principals with respect to their subcontractors and co-contractors).
…
11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement
Public Procurement Policy [page 25]
Under Article 15 of Decree 2016-360 of 25 March 2016, contracting authorities may choose to include general administrative terms and conditions in public contracts. These terms and conditions cover general rather than specific provisions (performance of services, payment, auditing of services, presentation of subcontractors, deadlines, penalties, general conditions, etc.). Article 6 of these terms covers the protection of labour and working conditions, and states that contract holders must respect the working conditions set down in the labour laws and regulations of the country in which workers are hired or, otherwise, ILO’s eight fundamental conventions where these have not been incorporated into the country’s laws and regulations. …
Actions Underway [page 30]
…
The AFD supports the implementation of universal social protection and the promotion of initiatives to develop decent work (the creation of decent jobs, skills upgrading, training and the transition towards sustainable employment) in accordance with the AFD’s partnership with the International Labour Office and the priority areas in the ILO-France partnership agreement.
…
II. Businesses’ Responsibility to Respect Human Rights
2. Training and Information for Businesses [page 39]
… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights and the rights of newcomers, workers, vulnerable populations, etc. These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.
Practical Tools Addressing Specific Issues [page 41]
…
ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: discrimination, freedom of association, collective bargaining, wages and benefits, occupational safety and health, forced labour, child labour, etc. It also offers free and confidential assistance for company directors and workers.
…
III. Access to Remedy
1. Judicial Mechanisms – At the International Level
1.1 The Protocol to the ILO Forced Labour Convention (No. 29) [page 47]
France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol. This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.
The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.
This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.
2. Non-Judicial Mechanisms – At the International Level
2.1 The OECD National Contact Point (NCP) [page 54]
The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. …
2.4 The European Social Charter [page 57]
In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers the right to work, the right to organize, the right to bargain collectively, … , and the right to protection and assistance for migrant workers and their families. …
The German NAP does not make direct reference to ‘workers’ rights’, but includes multiple reference to relevant human rights treaties, ILO instruments, and indirect reference to workers’ right throughout the NAP.
1.1 Basic rules of economic policy [page 14-16]
Protection within states’ own territory – challenges within Germany
The current situation
Germany has ratified major strategic international instruments codifying the protection of human rights, including labour rights, thereby incorporating them into national law. The same applies to the particularly important ILO instruments known as the Core Labour Standards. The instruments that are now binding in Germany include, for example, the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, most of the conventions of the International Labour Organization and major European agreements such as the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter.
People in vulnerable situations pose a particular challenge in Germany as elsewhere. These include migrants and, in general, employees in precarious work. These groups of people are exposed to a high risk of labour exploitation. The introduction of a general statutory minimum wage in Germany has established an effective instrument against excessively low wages. Since 1 January 2015, a minimum hourly wage of €8.50 has been payable, and its rate is to be adjusted every two years by an independent commission. The minimum wage has increased the earnings of four million people, whose income has risen by an average of 18%.
People who are affected by or at risk of labour exploitation need information about their rights and assistance in enforcing them. In recent years, advice and contact centres have been created in various parts of Germany, some with national and some with regional funding. With support from the Federal Government and the European Social Fund (ESF), for example, the German Trade Union Confederation (DGB), through a project called “Faire Mobilität” (fair mobility), provides such advice to employees, especially those from the EU Member States in Central and Eastern Europe. There is no permanent nationwide advisory structure yet for employees from all geographical origins and occupational sectors. In the fight against human trafficking and exploitative employment, Germany is also bound by EU Directive 2011/36/EU and has ratified both the Council of Europe Convention of 2005 on Action against Trafficking in Human Beings and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. To coordinate the diverse activities designed to combat human trafficking, the Federal Government established the Federal Working Group on Trafficking in Human Beings in 1997, whose members include representatives of non-governmental organisations.
The protection of whistleblowers is a highly valuable accompanying measure in the detection of exploitative employment. General provisions in the field of labour law (sections 612a and 626 of the German Civil Code and section 1 of the Protection against Unfair Dismissal Act) and in constitutional law (Articles 2(1), 5 and 20(3) of the Basic Law) provide the legal basis for such protection.
There are also numerous provisions of special legislation which supplement the protection of whistleblowers guaranteed by the aforementioned provisions in particular areas of activity, examples being section 13 of the Money Laundering Act and section 17(2) of the Occupational Health and Safety Act.
The Federal Government is currently preparing for the incorporation of numerous international legal instruments into German law. These include the Protocol to the ILO Forced Labour Convention (No 29). The Federal Ministry of Labour and Social Affairs is planning the examination prior to ratification of the ILO Minimum Wage Fixing Convention (No 131) and Indigenous and Tribal Peoples Convention (No 169) as well as of the Optional Protocol of 2008 to the International Covenant on Economic, Social and Cultural Rights and the revised Social Charter.
Measures
“To supplement the existing structures, the Federal Government has shifted the focal point of its efforts towards the fight against human trafficking for the purpose of exploitative employment. A joint federal level-state level working group is currently developing a strategic approach designed to reinforce prevention, establish advisory structures and improve criminal prosecution and the data situation.
The Federal Government has reached agreement on a bill designed to combat abuses of temporary agency work and work and services contracts. This means that there will be clear rules in future to prevent abuses and the circumvention of employment standards.
As part of the transposition of European Directive 2016/943/EU on the protection of undisclosed know-how and business information (trade secrets), the protection of whistleblowers in German law is being further developed. The purpose of this legislation is to make it clear that the disclosure of trade secrets is lawful if its purpose is to expose professional or other misconduct or illegal activity in order to protect the general public interest.”
2.1 Ensuring the protection of human rights in supply and value chains [page 28]
“Throughout the world, the expectations of consumers, civil society and trade unions in terms of product quality and transparency of production are rising. Their attention is increasingly focused on factors such as environmental protectionand social and employment standards along manufacturers’ supply chains. …
The fact is that every enterprise, through its business activity, has an influence on the living and working conditions of its employees, on its customers and suppliers, on the environment and on the wider economic context.”
Section 1: International Context and Domestic Consultative Process
Other international initiatives [page 11]
“The International Labour Organisation (ILO) Tripartite Declaration on Multinational Enterprises and Social Policy5 provides direct guidance to enterprises on social policy and inclusive, responsible and sustainable workplace practices. This global instrument was elaborated and adopted by governments, employers and workers from around the world in 1977 and revised in March 2017. Its principles are addressed to multinational enterprises, governments, and employers’ and workers’ organisations and cover areas such as employment, training, conditions of work and life, and industrial relations as well as general policies.”
Section 2: Current legislative and Regulatory Framework
Anti-Corruption [page 13]
“The most recent peer review of Ireland’s implementation of the OECD anti-Bribery Convention made a number of specific recommendations around awareness raising and reporting. Since that report, the Government has introduced the Protected Disclosures Act 2014 which provides a robust statutory framework within which workers can raise concerns regarding potential wrongdoing in the workplace. Ireland will continue to follow up the recommendations of the report to ensure that we fulfil our Convention commitments.”
Workers’ Rights [page 13]
“Ireland is strongly committed to the protection and promotion of both domestic and migrant workers’ rights through national and international legislation, with a robust body of employment rights legislation which provides employees with a means for redress in cases where their employment rights have been breached. In 2017, Ireland has taken up, for the first time, a Titulaire seat on the Governing Body of the International Labour Organisation (ILO). During its term, Ireland will maintain and promote its commitment to human rights and will work to enhance the profile of business and human rights in the framework of the ILO.”
Annex 1 – List of additional and ongoing actions to be carried out across Government
Development Cooperation [page 21]
“20. Promote the Inclusive Economic Growth policy priority set out in “One World, One Future: Ireland’s Policy for International Development”, by encouraging and supporting partner governments to ensure that business and economic regulation and legislation implements national and international commitments to human rights such as those relating to gender equality – in particular promoting women’s access to formal employment, decent work, and the rights of marginalised groups.”
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…
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: (1) freedom of association and the effective recognition of the right to collective bargaining; (2) the elimination of all forms of forced or compulsory labour; (3) the effective abolition of child labour; and (4) the elimination of discrimination in respect of employment and occupation. For example, protection and promotion of the rights of workers are promoted through labour related legislation applicable to workers regardless of nationality, race, and ethnicity such as: the Labour Standards Act (Act No. 49 of 1947); the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947); the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972); and the Mariners Act (Act No. 100 of 1947).
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
Along with globalization, increasing attention has been brought to the treatment of foreign workers. Appropriate implementation of the Technical Intern Training Program and protection of technical intern trainees are being promoted based on the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Technical Intern Training Act) (Act No. 89 of 2016) enacted in November 2017 as well as on bilateral agreements with sending countries.
(Future measures planned)
(a) Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)
Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]
Make continued and sustained efforts to pursue ratification of the fundamental ILO conventions and other ILO conventions that are considered appropriate to ratify. [Cabinet Secretariat, National Personnel Authority, Ministry of Internal Affairs and Communications, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism, Ministry of Defense]
(b) Reinforce measures against harassment
Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare
(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees
To employers of foreign workers, disseminate and raise awareness on compliance with labour laws and the Guidelines for Employers to Improve the Management of Employment of Foreign Workers (Public Notice of the Ministry of Health, Labour and Welfare No. 276 of 2007) through seminars and other measures. [Ministry of Health, Labour and Welfare]
Continue to implement multi-lingual services for foreign workers at Prefectural Labour Bureaus, Public Employment Security Offices, and Labour Standards Inspection Offices. [Ministry of Health, Labour and Welfare]
The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]
(2) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Future measures planned)
(…)
(d) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(…)
(f)Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
(…)
(h)Support initiatives by international organizations overseas
Continue to provide support for efforts, including voluntary contributions to the ILO, such as promoting decent work of workers at the lower tiers of global supply chains and disseminating good practices discovered through those activities. [Ministry of Health, Labour and Welfare, line Ministries]
(3) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
(…)
D. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
(…)
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.6 Labour [Pages 12-13]
The Kenyan labour market is highly informal. As at 30th June 2019, 83% of the working population was in the informal sector5 . In 2019, male employees accounted for 64.5 per cent of the total wage employment in the modern sector. Majority of female employees were working in Education, Agriculture, forestry and fishing, Public administration and defence. Overall, casual employment registered a growth of 6.0 per cent and accounted for 23.4 per cent of the total wage employment (KNBS, 2020). Casual workers have less protections under the labour laws such as the right to collective bargaining or paid leave. The ILO refers to this as casualization of labour and has expressed concerns in the increasing use of casual labour in formal employment. While the current NAP has no specific actions on the informal sector, it is important to formulate policies for the proper oversight of this sector.
It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The SDG targets include: 1.3 (improve nationally appropriate social protection systems for all, particularly the poor and vulnerable); 2.3 (double the agricultural productivity and incomes of small[1]scale food producers, in particular women, indigenous peoples, family farmers, pastoralists and fishers); 4.5 (eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations); 5.2 (eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation); and 8.5 (achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value). Others are 8.8 (protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment), and 16.2 (end abuse, exploitation, trafficking and all forms of violence against and torture of children).
Article 41 of the Constitution of Kenya guarantees every person the right to fair labour practices, and confers specific rights on workers, employers and trade unions and employers’ organisations. Every worker is entitled to fair remuneration, reasonable working conditions, the right to join and participate in the activities of a trade union and go on strike as a means of advocating for their labour-related rights. Employers are entitled to form and join employers’ organisations and participate in such organisations’ programs. Trade unions and employers’ organisations are entitled to organise and form new or join existing federations. Other constitutional rights related to labour include Article 30 which prohibits slavery, servitude and forced labour and Article 27 which guarantees equality and freedom from discrimination, specifically including the equal rights of women and men to opportunities in the economic sphere and the dictate that no person shall discriminate against another person directly or indirectly on grounds including sex, health status, religion, ethnic origin, disability and social origin.
Several statutes give effect to these labour-related constitutional guarantees, including those dealing with labour disputes, working conditions and protection against discrimination. Some of the critical statutes are the Occupational Safety and Health Act, 2007, the Employment Act, 2007, the Labour Relations Act, 2007, Childrens Act, 2001,HIV& AIDS Prevention and Control Act, 2006 and the Sexual Offences Act, 2006. During the stakeholders’ consultation the following concerns were identified:
Sexual harassment is widespread and underreported with women being the majority of victims- fear of job loss being a major factor in the reluctance to report. Furthermore there is low enforcement of the Sexual Offences Act, 2006;
Lack of access to maternity and paternity leave. While the law provides and protects both maternity and paternity leave, not all workers in the private sector are able to access this benefit for fear of job loss. Once again, enforcement of the law in this respect remains weak;
Low level of awareness on labour rights among workers (mostly women in low income or low skilled jobs) and employers;
Lack of effective regulation of recruitment agencies for migrant workers;
Lack of publicly available statistics disaggregated by sex and other vulnerabilities that could be useful in addressing sex and other forms of discrimination in the workplace; and,
Lack of effective remedies for victims of labour-related grievances resulting in high prevalence of unresolved labour-related grievances. A weak enforcement mechanism, in particular inadequate number of state labour inspectors and the lack of effective operational level grievance mechanisms were also cited as contributing factors.
2.7 Access to Remedy
[T]here are a number of legislative provisions regulating business conduct to protect those within Kenya’s jurisdiction from business-related human rights violations. Protection against discrimination on the ground of HIV/AIDS status, for example, covers those in employment. The same applies to the protection of discrimination against persons with disabilities, women and marginalised groups.
CHAPTER THREE: POLICY ACTIONS
3.1. Pillar 1: The State Duty to Protect [Pages 16-17]
Policy Actions
The Government will:
i. Ensure continuous training for government agencies’ workers involved in the promotion and regulation of businesses on the State’s human rights obligations and the nexus to their various mandates and functions;
vii. Sensitise relevant sections of the public especially women and other marginalised and minority groups on –
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards;
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Page 19]
Policy Actions
b) Human Rights Policy commitments
ii. Encourage recruitment agencies to provide any required repatriation, legal and psychological support to migrant workers who have suffered or been subjected to abuse abroad;
3.3 Pillar 3: Access to Remedy [Page 20]
According to the UNGPs, State-based judicial and non-judicial mechanisms should be the primary avenue for accessing remedies by victims of corporate abuses. However, victims should also have access to operational-level grievance handling mechanisms established by businesses, where workers, local communities and civil society advocates acting on behalf of individuals and communities negatively impacted by businesses may lodge their complaints and receive a just outcome such as compensation, guarantee of non-repetition by the offender, apology, restitution and rehabilitation.
CHAPTER FOUR: IMPLEMENTATION AND MONITORING
ANNEX 1: SUMMARY OF POLICY ACTIONS
Strategic Objective
Policy Actions
Key Actors
Strategic Objective 1: Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business
Ensure continuous training for government agencies’ workers involved in the promotion and regulation of businesses on the State’s human rights obligations and the nexus to their various mandates and functions.
KSG, OAG&DOJ, KNCHR, KEPSA, KAM
Strengthen the labour inspectorate department to enable it effectively carry out its mandate.
Ministry of Labour and Social Protection
Strengthen oversight mechanisms of recruitment agencies involved in the recruitment of Kenyans for employment in businesses abroad.
Take appropriate measures to promote safe and fair labour migration including agreements on free exchange of information, and more stringent regulation of employment agencies and explore measures for providing legal and psychosocial support services to victims of labour abuse
Ministry of Foreign Affairs, Ministry of Labour and Social Protection; National Employment Authority, COTU, FKE
Sensitise relevant sections of the public on:
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards.
Ministry of Lands& and Physical Planning, Ministry of Labour and Social Protection, Ministry of Environment and Forestry, NEMA, NLC
Strategic objective 2:
Enhance understanding of the obligation of business to respect human rights
Encourage recruitment agencies to provide any required repatriation, legal and psychological support to migrant workers who have suffered or been subjected to abuse abroad.
Ministry of Foreign Affairs, OAG&DOJ
Strategic Objective 3: Enhance access to justice or victims of business[1]related human rights abuses
Improve access to the Human Rights Division of the High Court, Employment and Labour Relations Court and the Environment and Land Court to ensure that they are accessible avenues for remedying business-related human rights abuses.
Judiciary
Increase the capacity of the labour inspection department to handle labour-related grievances.
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
(…)
1.11. Consider ratification of the 2014 Protocol (P29) to the ILO Forced Labour Convention
Context
The Protocol provides for access to appropriate and effective remedies and redress mechanisms, such as compensation for victims. It also strengthens international cooperation in the fight against forced or compulsory labour. The protocol emphasises the role of employers and workers in the fight against forced labour.
Objectively verifiable indicators
× Benchmark: NAP 1
Verification sources
× NAP 1 Implementation Report
× Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results
× Ratification of the Protocol
Implementation timeline
As soon as possible
Means of implementation
× MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations
The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.
Content from the BHR specific chapter in the Human Rights NAP:
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.
The Dutch NAP makes no explicit reference to workers’ rights, although it highlights ILO labour standards.
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.”
2.3 State ownership and practice for supporting the business sector
Responsible management [page 23]:
However, it should be emphasized that Norges Bank’s work on responsible management is not confined to these areas. In its annual report on responsible management for 2014 the bank has elaborated on how it deals with a number of other issues and areas as well, including social conditions such as human rights and workers’ rights.
…
2.8 Free-trade agreements and investment contracts
Measures [page 27]:
sSeek to ensure that provisions on respect for human rights, including fundamental workers’ rights, and the environment are included in bilateral free trade and investment agreements.
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.
Promotion and protection of fundamental workers’ rights, also in transnational businesses and along the entire production chain. (pg. 6)
The state’s expectations of business enterprises
Enterprises must respect and protect internationally recognised human rights as defined in the Universal Declaration of Human Rights and fundamental rights, as stipulated in the ILO Declaration on Fundamental Principles and Rights at Work. (pg. 7)
enterprises are encouraged to act in compliance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to report according to ISO 26000 and GRI standards. (pg. 7)
Principle 2 – States sets expectation for respecting human rights
In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11)
Principle 3a – Precarious Work
The Employment Relationship Act contains several provisions to that effect, including a provision in accordance with EU regulations (Council Directive concerning the framework agreement on fixed-term work) and the ILO Convention concerning Part-Time Work No. 175, which stipulates that both a fixed-term and a part-time employment contract must provide for full legal and social security benefits. (pg. 12-13)
Principle 3a – Workplace mobbing [bullying]
In accordance with the Employment Relationship Act, the employer is obliged to provide a working environment in which no worker is subject to sexual or other harassment or mobbing, either verbal, non-verbal or physical, by the employer, superiors or co-workers. The Employment Relationship Act stipulates fines for violations of these obligations by the employer. (pg. 13)
Principle 9 – Adequate Domestic Policy
The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions… (pg. 30)
Principle 26 – Access to assistance
The amended Criminal Code, which entered into force on 2 July 2017, stipulates that no direct intent needs to be determined in the event of the criminal offence of violation of fundamental workers’ rights, and that conditional intent suffices; the foreseen penalties are also higher. (pg. 36-37)
Workers in an employment relationship are guaranteed direct legal protection in the event of a request to determine the grounds for the illegal termination of an employment contract, other modes of termination of employment contract or decisions regarding the disciplinary responsibility of workers. In addition, workers may bring monetary claims arising from the employment relationship before the competent labour court. (pg. 37)
In the event of bullying or discrimination, workers have the right to judicial protection. (pg. 37)
Workers can appeal to the Labour Inspectorate of the Republic of Slovenia. If a labour inspector, based on a report or inspection, determines a violation of the prohibition of bullying, appropriate measures or sanctions may be imposed on the employer. (pg. 38)
Increased discussion of corporate social responsibility as a result of human rights issues such as low wages, … , poor working environment, … in the management process of multinational corporations.
Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as … human rights, labor, employment, … in the procurement process to encourage corporate social responsibility.
…
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
2. Establish and implement measures for corporate sustainability management [page 5]
Reflect ‘respecting human rights·prohibition on discrimination’ ‘work-life balance’ on the criteria of factual survey on corporate sustainability management and reward assessment.
…
7. Prevent human rights violations to local workers in Korean companies overseas [page 6]
Share major issues and establish a cooperation system with related domestic and foreign institutions.
Open local briefing session on labor management for Korean companies oversea and domestic briefing session for companies scheduled to go abroad.
Publish and provide data of labor management country-by-country.
“Spain is party to all of the main treaties on human rights and, specifically, to the following:
the International Convention on the Elimination of All Forms of Racial Discrimination;
the International Convention on the Elimination of All Forms of Discrimination against Women;
the Convention on the Rights of the Child and its three Optional Protocols;
Convention on the Rights of Persons with Disabilities”
“Spain has also ratified the eight fundamental Conventions of the International Labour Organization (ILO):
Forced Labour Convention (No 29)
Freedom of Association and Protection of the Right to Organise Conventions (No 87)
Right to Organise and Collective Bargaining Convention (No 98)
Equal Remuneration Convention (No 100)
Abolition of Forced Labour Convention (No 105)
Discrimination (Employment and Occupation) Convention (No 111)
Minimun age Convention (No 138)
Worst Forms of Child Labour Convention. (No 182)”
Guiding Principle 2
Measure 5
“Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction”.
Guiding Principle 3
Measure 5
“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”
Guiding Principle 10
Measure 3
“Spain will promote greater involvement of the International Labor Organization in the application of the Guiding Principles.”
1 The State duty to protect human rights [page 10-11]
Swedish legislation to protect human rights
“Through other legislation, such as civil law legislation on rights at work and on discrimination, as well as criminal law legislation, the State seeks to ensure that an individual’s human rights are also respected by third parties, including business enterprises.
A typical feature of the Swedish labour market and the Swedish model is that the relationship between employer and employee is largely governed by collective agreements. These agreements often contain regulations that supplement and replace the procedures established by law. The most important act in the area of individual labour law is the Employment Protection Act (1982:80), which regulates how employment contracts may be entered into and terminated. This Act includes provisions stating that indefinite-term contracts should be the general rule but that fixed-term contracts can be mutually agreed in some cases. The Act also states that notice of termination of an indefinite-term employment contract must be based on objective grounds.
In the area of collective labour law, the Employment (Co-determination in the Workplace) Act (1976:580) is the main act. This Act regulates, for example, the right of employee organisations to participate in negotiations ahead of certain decisions by an employer, for example regarding significant operational changes. The Trade Union Representatives (Status at the Workplace) Act (1974:358) is also part of collective labour law. This Act contains regulations on the status of trade union representatives and the right to participate in trade union activities at individual workplaces.
The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services.
Disputes concerning the relationship between employer and employee are often resolved in the Labour Court, which is a specialised court for examining labour law disputes. The Labour Disputes (Judicial Procedure) Act (1974:371) contains certain special regulations on labour law disputes.”
Criminal law provisions to protect human rights
“Protection of liberty and peace, through criminal liability for human trafficking, including for the purpose of exploiting a person’s labour …”
2 The corporate responsibility to respect human rights [page 13]
“For a company’s employees, human rights in the workplace are particularly important. The right to participate in collective bargaining and the right to form or join free trade unions are examples of such rights. Special measures should be taken to identify and prevent anti-union policies or actions. This applies both in Sweden and abroad. In some countries it may be difficult for employees to assert their human rights in the workplace.
The Government encourages companies to conduct a dialogue on these issues with stakeholders, trade unions and civil society organisations to identify problems and work constructively to find common solutions. It is particularly important to ensure that a dialogue is conducted with free trade unions. …
Companies should also help to defend and strengthen women’s rights, including through access to the labour market and by combating discrimination in all its forms. …”
Annex: Measures taken [page 21]
Regulations and legislation
“The Inquiry on protection of workers who blow the whistle on various unsatisfactory conditions, irregularities or offences submitted its report on 20 May 2014 (Swedish Government Official Reports 2014:31). The Inquiry proposes a new labour law act strengthening the protection provided to whistleblowers. Under the act, workers who have suffered reprisals for whistleblowing will be entitled to damages. The Inquiry’s proposals have been circulated for comment.
With a view to improving the protection provided to workers, amendments have been proposed to the Work Environment Act and the Working Hours Act. Under these amendments, financial penalties would largely replace penal sanctions to create a more effective sanctions system.
4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights
4.3 The position and expectations of the Federal Council [page 8]:
Depending on the circumstances, business enterprises must also observe additional standards concerning particularly vulnerable population groups (cf. OECD Guidelines for Multinational Enterprises, Guideline 40). These include, for example, the Declaration of the Rights of Indigenous Peoples, and the international conventions protecting women, minorities, children, people with disabilities and migrant workers and members of their families.
Promoting human rights through government procurement operations (page 8)
‘[…] the Public Construction Commission’s Procurement Evaluation Committee scoring tables for bidders include CSR indicators, such as “whether all employees have received pay increases,” “the quality of basic compensation received by procurement officers,” and “the quality of work/life balance measures.”’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP5, Actions taken (page 44).
C. Actions planned
Continue committing to implement important United Nations human rights covenants, incorporating them into domestic law, and preparing national reports for review (pages 8-9)
‘[…] the Taiwan government has also adopted a national report system based on the UN model, and has pledged to do likewise with another three core human rights conventions, namely, the “International Convention on the Protection of Rights of All Migrant Workers and Members of Their Families,” […]’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP10, Actions planned (pages 52-53).
Continue pushing for passage of laws to protect working conditions and labor rights (page 9)
‘To safeguard the right of laborers to share in the fruits of their labor, and to expand the social safety net, the Taiwan government has pledged to draft and enact a “minimum wage act” and an “occupational accident insurance and protection act.”
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP2, Actions planned (page 39).
‘[…] in order to improve the working conditions of foreign fishing crews, the Taiwan government will provide more living and leisure facilities.’
IV. The corporate responsibility to respect human rights
B. Actions taken
State encouragement of respect by business for international human rights standards (page 11)
‘The Taiwan government encourages businesses to engage in responsible business behavior, and has adopted internationally recognized corporate social responsibility standards, such as the UNGPs, the UN Global Compact, ILO Conventions and the OECD Guidelines for Multinational Enterprises.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions taken (page 41).
‘The Taiwan government also provides resources and support, including the following: […] it expressly provides in the “Company Act” that companies must encourage enterprises to share profits with employees […].’
Respect for employee interests and the views of stakeholders (page 12)
‘[…] the Taiwan government actively provides guidance to laborers, focusing on such matters as formation of unions, creation of an environment that is conducive to a smoothly operating union, support for women’s employment, and assistance with the elimination of employment barriers.’
Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect
Government procurement (page 25)
‘Article 98 of the “Government Procurement Act” stipulates that for a winning tenderer which employs more than 100 persons locally, aborigines or persons with physical or mental disabilities shall account for a minimum of two percent of the total number of employees during the term of contract performance; otherwise, the foregoing tenderer shall pay a fee in lieu of performance and shall not hire foreign workers to make up the shortage in question.’
Promotion of international consensus and cooperation (page 28)
In line with [promoting the incorporation of environmental, social responsibility, and human rights standards into free trade agreements, as well as designing impact assessment and monitoring mechanisms], Taiwan has included CSR, environmental, and worker rights clauses, as well as “general exceptions,” in many of its trade and investment agreements […].’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP9, Actions taken (page 49).
Other legislative action and measures (page 29)
‘In order to better protect the rights and interests of temp workers, Articles 2, 9, 22-1, 17-1, 63, 63-1 and 78 of the “Labor Standards Act” were amended or newly added in May and June of 2019. These articles came into force on May 17, 2019 and June 21, 2019. The amendments expressly define temp workers work on non-fixed term contracts. The amendments also (a) prohibit client firms from reclassifying regular employees as temp workers; (b) provide that client firms and temp agencies shall be jointly and severally liable for the compensation that an employer is required to pay, and that if the temp agency is fined by the competent authority for failure to pay wages due to a temp worker, the temp worker may demand payment from the temp agency; and (c) strengthen protections for the labor rights of temp workers.
The “Occupational Safety and Health Act” is enacted to protect workers’ safety and health and to prevent occupational accidents. Article 21, paragraph 3 of the “Factory Management Act” stipulates that: “The factory shall exercise due care in manufacturing, processing and using dangerous objects. When significant environmental pollution or workplace accident seriously affects nearby factories or public safety, the municipal, county, or city authorities may order the factory to suspend operations and take corrective action. After the cause for suspension of operations has been addressed, the factory may apply to the municipal, county, or city authorities to resume operations.”’
Appendix 2: Concrete actions taken by Taiwan to ensure respect by businesses for human rights
Governments can provide information and support to enterprises. The Taiwan government has implemented several regulations and measures to provide enterprises with guidance and support, including the following:’ (page 31)
‘Article 235-1, paragraph 1 of the “Company Act” provides as follows: “A fixed amount or ratio of profit of the current year distributable as employees’ compensation shall be definitely specified in the Articles of Incorporation.” The purpose of this provision is to encourage companies to share profits with employees.’
Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems
Labor disputes (page 36)
‘Regarding labor disputes, in order to provide alternative dispute settlement mechanisms, the “Act for Settlement of Labor-Management Disputes” provides for mediation and arbitration. In addition, the “Labor Incident Act,” which took effect on a January 2020, provides for special labor issue courts that can address labor incidents quickly, professionally, and effectively. All parties enjoy equal status before the court, which that will serve to fairly protects the rights and interests of both employees and employers, and also promotes harmonious labor relations.’
3. core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
3.1.1 Overall situation
The Royal Thai Government attaches great importance to the protection of the rights of all workers by amending the law and improving various measures to increase the protection and welfare of workers to comply with the standards of the International Labour Organization and international human rights obligations such as increasing minimum wage nationwide since 1 April 2018, the promulgation of the Social Security Act (No. 4) 2015, the Maritime Labour Act 2015, the Labour Protection Act 1998 (No. 5) 2017, (No. 6) 2017 and (No. 7) 2019, the Migrant Worker Management Royal Decree (No. 2) 2018, etc. Recently, the Ministry of Labour has drafted the Act on Prevention and Elimination of Forced Labour, which increases benefits for labour in various cases – for example, in the case of unemployment, temporarily shutdowns or the intention to cause injury, disability and death – and expands the protected group to include government temporary employees, and employees of employers who have offices abroad and employees who are working abroad.
The government has taken various steps to protect the safety of workers including ratifying many Conventions of the International Labour Organization. The latest were the Convention No. 187 on the Promotional Framework for Occupational Safety and Health Convention 2006, ratified on 23 March 2016; the Maritime Labour Convention 2006, ratified on 7 June 2016; Convention No. 111 on Discrimination Employment and Occupation Convention 1958, ratified on 13 June 2017; Protocol of 2014 to the Forced Labour Convention 1930 (P29), ratified on 4 June 2018; and most recently, the Convention No.188 on the Work in Fishing Convention 2007, ratified on 30 January 2019.
At present, the government has registered more than 2 million migrant workers,5 allowing them to work legally and receive equal protection and gain access to public services and benefits. Thailand also cooperates with neighbouring countries in preventing labour trafficking in all channels and signed a Memorandum of Understanding on labour cooperation and a Memorandum of Agreement on employing labour from Vietnam, Cambodia, Myanmar and Laos, expanding the dimension of labour cooperation from the original issue into important fields such as technical cooperation and skills development. In addition, the government has promulgated the Migrant Worker Management Royal Decree 2018 (No. 2), which allows employers to register migrant workers and the period of registration was extended several times to ensure opportunity for migrant workers to be legally registered. On 16 January 2018, the Cabinet approved a waiver for migrant workers from Cambodia, Laos and Myanmar who comply with the regulations to continue working in Thailand for a period of time as announced in response to the situation that Thailand still relies on labour from neighbouring countries. The Cabinet also asked all provinces to establish a management committee for migrant workers in their area and to supervise the implementation of nationality verification and establish a database of migrant workers in the province, which shows the intention to develop Thai labour standards to be equal to international standards.
Thailand also places emphasis on the prevention and suppression of human trafficking in labour, especially in the fishery industries. The Prime Minister announced “Combating human trafficking as a national agenda” and assigned relevant departments to focus on human trafficking suppression and seriously prosecute government officials involved. After the announcement of National Agenda, the government has set a clear policy for “Eliminating all forms of human trafficking”, considering it a violation of human dignity and against human rights principles. The budget has been increased to support the operation in all areas. Laws are being drafted to be more stringent including increasing the efficiency of lawsuits, rehabilitation and remedy for victims and witness protection, as well as improving better preventive measures to reduce the risk of becoming victims of human trafficking, and including improving various operations in accordance with international standards with concrete works such as taking disciplinary actions on government officials who were involved in human trafficking in both civil and criminal cases.
The Office of the Thai Health Promotion Foundation has implemented a project to improve the well-being of informal workers and develop mental health promotion models to help “reduce suffering and create happiness” among labourers, both in the field of health training for informal labour leaders and creating incentives for informal workers to change health behaviours to increase happiness and reduce stress in their lives.
For the promotion of people with disabilities to enter a career and have a better quality of life, the Ministry of Labour and the Ministry of Social Development and Human Security jointly announced their cooperation to support the employment of people with disabilities to develop the potential of improved work by setting a target of employment of 10,000 people with disabilities and a Memorandum of Agreement between the Ministry of Public Health, Ministry of Labour and the Ministry of Social Development and Human Security signed to coordinate the employment of people with disabilities in the community to work in a government agency under the Ministry of Public Health. In addition, the Civil State for Society Project can also help the employment of people with disabilities with more work. Many businesses including educational institutions have also put efforts into hiring people with disabilities.
For the promotion of employment of the elderly, the Ministry of Labour has prepared legislation to issue an hourly minimum wage for elderly employees, and include plans to open a service centre for employment for the elderly. Tax incentives will be issued to encourage private sector agencies to hire elderly workers aged 60 years and over. Starting from the accounting period beginning on or after 1 January 2016 onwards, the private sector can file in their corporate income taxes an exemption of up to 100 percent of the money paid to senior employees in accordance with the Royal Decree on the Revenue Code regarding Tax Exemption (No. 639) 2017, which is in effect from 3 March 2017, and the Notification of the Director-General of the Revenue Department on Income Tax (No. 290) dated 14 March 2017. This measure is meant to support the elderly to have an opportunity to continue working and have sufficient post-retirement income, reducing social inequality and alleviating the government welfare budget burden on a long-term basis – as Thailand will enter the Aged Society in 2021.
Pillar 1: State duties in protecting (Protect)
2.
Amendments to laws, regulations, policies
and related measures
Review the law on labour protection, social welfare, social security, and minimum wage whether there is still
a gap between the law and practice, and consider
improving or developing it to be in line with international standards
– Ministry of Social
Development and Human Security
– Ministry of Labour
2019–2022
Number of laws that have been improved
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs, Articles 1, 3, 5 and 7
Review relevant laws and consider improvements or developments in accordance with ILO Convention No. 138 and 182 and Protocol 2014 of the ILO Convention on Forced Labour, 1930
– – Ministry of Labour
2019–2022
The number of meetings to
review relevant laws
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 5 and 7
Study the ILO General Principles and Operational Guidelines on Fair Recruitment and review the laws and practical guidelines that are in force to comply with the said principles.
– – Ministry of Labour
2019–2022
The results of the study
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers.
– – Ministry of Labour
2019–2022
Number of policies reviewed
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Improve the Labour Law in accordance with the current situation and international standards such as the Labour Relations Act 1975 and the State Enterprise Labour Relations Act 2000
– Ministry of Labour
2019–2022
Number of bills passed with Cabinet approval
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Review the law and social security system by considering (1) improving the conditions and benefits of the insured (2) having tripartite participation in Social Security Fund management (3) Access to funds by all types of workers equally, especially informal workers. (4) Provide protection for retired employees (5) Compliance with the principles of the ILO
– – Ministry of Labour
2019–2022
Benefits or criteria that have been reviewed or improved
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
Review public sector employment laws to create fairness for employees in the public sector
– Office of the Civil Service Commission
2019–2022
Number of reviews of the relevant laws
– National Strategy for Human Capital
Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
3.
Development of labour management system
Establish a system for collecting detailed information of labour so that agencies and employers are able to check the details of labourers.
– Ministry of Labour
2019–2022
Effective data storage system
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
4.
Recruitment
Develop control and checking measures for fair recruitment
– Ministry of Labour
2019–2022
– Check recruitment agencies for overseas workers
Registration of recruitment licensee can be checked by the public
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3 and 7
Arrange for informers of corruption cases to enter the witness protection programme
– Royal Thai Police
– Ministry of Justice
2019–2022
Number of witnesses entering protection and receiving safety
– National Strategy for Public Sector Rebalancing and Development
– SDG 16
– UNGPs Articles 1, 3, 4, 10 and 25
5.
Capacity development and knowledge dissemination for workers
Training on knowledge about legal rights, labour protection, labour rights, occupation safety, and social security for labourers, which includes migrant workers. In addition, develop a variety of media, including a manual, to disseminate such knowledge in a language that such workers can easily understand
– Ministry of Labour
2019–2022
– Migrant workers receive knowledge and understanding of practical information about victims of human trafficking
– Number of trainees
– Percentage of cognition increase
– Number of documents published in foreign languages
– National Strategy for Human Capital
Development and Strengthening
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 8
6.
Eliminating discrimination in employment and the workplace
– Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment.
– Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization.
– Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled
– Ministry of Social Development and Human Security
– Ministry of Labour
2019
project to find jobs for persons with disabilities
Specially needed recruitment activities for disabled workers
Activities to promote the disabled to work in the public sector
Quantitative
– 1,750 persons with disabilities are employed.
Qualitative
– persons with disabilities are employed no less than 62%
– 88 persons with disabilities are employed in government agencies promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8 and 10
– UNGPs Articles 1, 3, 4, 5, 7 and 8
Develop measures and mechanisms to promote employment for senior citizens to be more employed
– Ministry of Labour
2019 project to expand working opportunities for senior citizens
100,000 senior citizens get employed and earn a living
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 10
Find a way to allow ex- convicts to have a career as an employee or entrepreneur
– Ministry of Justice
– Ministry of Labour
2019
labour preparation project, career guidance activity and employment promotion for prisoners in prisons, Civilian Development Center, Juvenile Observation and Protection Center, Recruitment for special needs groups and special employment activities for ex- convicts
Quantitative number of detainees in prisons, Civil Development Center and Juvenile Observation and Protection Center receive career guidance and promoting 10,000 in professional work. Quantitative. All workers receive services to promote employment of 500 people.
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 10
Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015
– Ministry of Labour
2019–2022
Number of reviews of the Labour Law
– National Strategy for Social Cohesion and Just Society
– SDG 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector
– Ministry of Justice
2019–2022
Percentage of understanding regarding gender diversity issues
– National Strategy for Social Cohesion and Just Society
– SDG 5 and 10
– UNGPs Articles 1, 3 and 8
Encourage entrepreneurs to issue policies, regulations, or measures to prevent sexual harassment and violence in the workplace
– Ministry of Social Development and Human Security
– Ministry of Labour
2019–2022
Number of businesses/ establishments that follow the Thai Labour Standards and are encouraged to have policies to protect against sexual harassment
– National Strategy for Social Cohesion and Just Society
– SDG 5, 8 and 10
– UNGPs Articles 1, 2, 3, 5, 7 and 8
Develop measures to prevent and manage issues related to HIV/AIDS in the workplace by promoting the implementation of National Guidelines on Prevention and Administration of HIV/AIDS in the Workplace to be used as operational guidelines for HIV/AIDS in the workplace.
– Ministry of Labour
– Ministry of Public Health (Sub- committee on Promotion and Protection of the rights of HIV/AIDS)
2019–2022
Number of establishments/ businesses/ employees involved in promotion activities
– National Strategy for Social Cohesion and Just Society
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards.
– Ministry of Labour
2019–2022
Number of establishments/ businesses inspected
and joining in employing women to promote gender equality
– National Strategy for Social Cohesion and Just Society
– SDG 5, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Consider and determine measures and mechanisms for employment of other vulnerable groups, such as ethnic groups, stateless persons and migrants, including those of diverse sexual orientation and gender identity to enter the labour system in line with international human rights principles
– Ministry of Labour
– Ministry of Interior
– Ministry of Social Development and Human Security
– Office of the National Security Council
2019–2022
Number of vulnerable groups employed
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 5, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
7.
Receiving fair wages and salary
Study the current situation of wage structure and develop mechanisms, measures or policies to adjust wages to be fair and suitable for the living cost.
– Ministry of Labour
2019–2022
Number of times of study or wage adjusted.
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
8.
Suitable working conditions
Study international standards regarding appropriate work conditions (Decent Work for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business
– Ministry of Labour
2019–2022
Number of studies
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
9.
Access to health services for workers
Providing health services to workers including disease prevention and control, health promotion and medical treatment and rehabilitation
– Ministry of Labour
– Ministry of Public Health
2019–2022
Number of insured persons receiving medical services
– National Strategy for Human Capital Development and Strengthening
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
9.
Access to health services for workers
Develop friendly health service systems for migrant workers such as migrant public health volunteers to create effective access to public health
– Ministry of Public Health
2019–2022
A mechanism to provide public health services for migrant workers
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 3, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Driving forward the settlement and operation of Wellness Centers both in public health service points and establishments
– Ministry of Public Health
2019–2022
Number of hospital and establishments that operate Wellness Centers in line with criteria set by the Department of Disease Control
– National Strategy for Human Capital Development and Strengthening
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
10.
Children of migrant workers
Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development.
– Ministry of Social Development and Human Security
– Ministry of Labour
2019–2022
Number of establishments registered as
a child service centre in the workplace
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 11
– UNGPs Articles 1, 3, 4, 5 and 7
11.
Human trafficking and forced labour
Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired
-Royal Thai Police
-Ministry of Agriculture
-Ministry of Labour
-Ministry of Industry
2019–2022
Number of at-risk establishments that have been examined
– National Strategy for Human Capital Development and Strengthening
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
12.
Protection of labour being replaced by the use of technology
Making plans or measures to support remedies and help groups of dismissed workers in accordance with regulations set for relief.
– Ministry of Labour
2019–2022
Plans or measures to support and provide assistance to groups of workers who were replaced by technology
– National Strategy for Human Capital Development and Strengthening
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
13.
Protection of labour in the supply chain system
Study and issue measures for the business sector that has a supply chain to have a management system that meets the Thai Labour Standard (TLS 8001)
– Ministry of Labour
2019–2022
Number of studies
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
14.
Protection of Thai labour abroad
Train job seekers before travelling to work in a foreign country by providing knowledge about the rights and benefits according to the laws of that country and the mechanisms to protect labour rights at the country of destination, including protection given to Thai workers experiencing problems, and giving advice on health care.
-Ministry of Labour (Department of Employment)
-Ministry of Foreign Affairs (Department of Consular Affairs)
-Ministry of Public Health
2019–2022
– Number of job seekers trained before traveling
– 90 percent of problems encountered by Thai labour abroad have been resolved
Number of counselling sessions and giving healthcare information to Thai workers.
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 17
– UNGPs Articles 1, 3, 4, 5, 7 and 10
15.
Operations set for business sector
Encourage establishments/ businesses to apply Good Labour Practice (GLP) in their business management
– Ministry of Labour
2019–2022
1,000 establishments/ year have been promoted
– National Strategy for National Competitiveness Enhancement
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Inspect and monitor entertainment places/ businesses, establishments, and recruitment agencies, focusing on inspecting business licences, labour contracts, working conditions and work permits (in the case of migrant workers)
– Royal Thai Police
– Ministry of Labour
-Ministry of Interior
2019–2022
– Number of employment/ recruitment licensees inspected
Number of establishments and migrant workers inspected
– National Strategy for National Security.
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.2 Labour rights and welfare
State enterprises and the business sector should provide welfare for workers and their families, such as childcare centres in a workplace.
State enterprises and the business sector should not force workers to work overtime. Overtime work must be voluntary or by necessity, such as without doing so would cause damage. Overtime work should be proposed to workers systematically depending on the necessity.
State enterprises and the business sector should establish measures to certify or insure health care for workers in the workplace.
State enterprises and the business sector that use migrant workers should be responsible for the costs of recruiting labour and other expenses in accordance with the “employer pay principle”.
Pillar 3: Duties of the state and the business sector to provide remedy (Remedy)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
1.
Complaints and petitions
Establish a complaint system (both public and private) and develop staff competency in order to receive complaints effectively and keep the information confidentially. Open multiple channels that are convenient, fast and traceable for the result of the complaint by using technology, such as hotline services, website channels and mobile phone applications, etc.
– Office of the Attorney General
– Ministry of Interior
– Ministry of Justice
– Ministry of Public Health
– Ministry of Labour
– Ministry of Foreign Affairs (Department of Consular Affairs)
2019–2022
An easy, accessible complaint system for the complainant.
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 11
– UNGPs Articles 27, 28, 29 and 31
Increase the efficiency of the mechanism to receive complaints under the Gender Equality Act 2015
– Ministry of Social Development and Human Security
2019–2022
Assigned officials according to the Act in every province
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 11
– UNGPs Articles 27, 28, 29 and 31
Review and improve the complaint mechanism in order to access existing protection and remedies, such as a claim filing mechanism so that every worker can access protection and remedy without discrimination and regardless of nationality
– Ministry of Labour
2019–2022
Number of channels of complaint improved
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
The complaint mechanism of government agencies should be evaluated for efficiency and the adjusted working method periodically for enabling migrant workers to access conveniently and efficiently
– Ministry of the Interior
– Ministry of Justice
– Ministry of Labour
2019–2022
Number of evaluations
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
Provide channels for complaints and hotlines in languages that migrant workers understand
– Ministry of the Interior
– Ministry of Justice
– Ministry of Labour
2019–2022
Number of complaint channels and hotlines in languages that migrant workers understand
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
2.
Access to the Employee Welfare Fund
Employees have the right to access the Employee Welfare Fund as regulated in the Labour Protection Act 1998 and the set criteria
– Ministry of Labour
2019–2022
Number of employees using the service from the Fund
– National Strategy for Human Capital Development and Strengthening
– SDG 8
– UNGPs Articles 25, 26, 27, 28, 29 and 31
Study the possibility of establishing a fund to remedy victims of discrimination or sexual harassment in the workplace
– Ministry of Social Development and Human Security
2019–2022
– Study results
Number of victims that the Commission of the Act identified and wish to receive remedies
– National Strategy for Social Cohesion and Just Society
– SDG 5 and 8
– UNGPs Articles 25, 26, 27, 28, 29 and 31
5.
Remedies
Review and revise the Compensation Act 1994 and modernize the Compensation Fund system to be transparent, fair and in line with international principles
– Ministry of Labour
2019–2022
– Amount of benefits or criteria that have been reviewed or improved
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10
– UNGPs Articles 27, 28, 29 and 31
Set up remedy mechanisms from both the government and private sectors at the regional level. Remedies should be in consistent with the needs of affected people and communities.
– Ministry of the Interior (Department of Local Administration)
– Ministry of Justice
2019–2022
– Mechanisms and remedy measures for adversely affected victims and victims of human rights violations as a result of business operations
– Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16
– UNGPs Articles 25, 26, 27, 28, 29 and 31
Review criteria of compensation under the Act on Compensation for Injured Persons and the Damages and Expenses for the Accused in Criminal Cases B.E. 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime.
– Ministry of Justice
2019–2022
Meetings to review payment criteria for state compensation under the Act on Compensation for Injured Persons and the Damages and Expenses for the Accused in Criminal Cases B.E.
– 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime
– National Strategy for Public Sector Rebalancing and Development
– SDG 16
– UNGPs Articles 25, 26, 27, 28, 29 and 31
6.
Protecting the rights of Thai workers working abroad
Provide information and assistance in accessibility to mechanisms protecting the rights of Thai workers working abroad
– Ministry of Foreign Affairs
– Ministry of Labour
2019–2022
– Percentage of job seekers trained before traveling abroad with more knowledge about domestic rights in their destinations
– The Department of Consular Affairs, Embassies and Consulates-General of Thailand provide information about their rights continuously through documents, websites, phone lines, applications, etc.
– Thai workers abroad get access to rights protection mechanisms including help in negotiating with employers or government agencies of that country in case of unfair treatment or rights violations
– National Strategy for Public Sector Rebalancing and Development
The government recognizes the rights and contributions of workers to national development as such several legal and policy frameworks are in place to guarantee the right to work. Article 40 of the 1995 Constitution provides for the protection of workers’ rights, which includes the recognition of just and favourable conditions of work. The key legislation on working conditions in Uganda include the Employment Act (2006), Workers Compensation Act (2000) and the Occupational Safety and Health Act (2006), which regulate employment conditions including occupational safety and health standards, wages, working hours, leave and termination of employment.
The Government has created conducive working environment that allows for businesses to thrive. As such, businesses have become a major source of employment for Ugandans especially the youth and women.
According to UBOS (2018), overall unemployment was at 9.7% while youth unemployment stood at 40.7%. The unemployment situation has left many Ugandans especially the youth with no choice, but to accept any form of work offered to them. This has led to the growing trend of employment opportunities in business activities. However, there have also been reports of cases of human rights abuses associated with businesses operations.
Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. Noting that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments.
The consultations also revealed that women comprise of the majority of labour force in the Planta on Agriculture and informal Sectors—which still face challenges around regulatory and protective measures. Casualization of labour is also ripe within these sectors. It was further revealed that cases of occupational and safety health hazards of women in manufacturing and production industries have increased. It was also shared that workers are employed without formal contracts hence no job security as well as limited access to remedy for human rights abuses by business operations including delays or lack of compensations in case of workplace accidents. In some companies, management was not in support of their workers joining trade unions since they consider it that it affects the productivity of workers. It was also reported that employees are often exploited by companies to work for long hours and are often poorly remunerated. This was reported to be common in the planta on and construction companies. It was further established that many employers in the business sector do not comply with the laws guaranteeing labour rights.
Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuse of rights, physical and psychological violence and lack of protection while abroad.
CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES
OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses.
4.1.3 Capacity building for state and non-state actors on business and human rights
(…)
iv. Strengthen the function of occupational health inspectors to monitor OSH (Occupational Safety and Health) Standards.
OBJECTIVE 2: To promote human rights compliance and accountability by business actors
4.2.2 Capacity building for business operators on human rights observance
(…)
iii. Strengthen the capacity of the human resource function in business operations in observing workers’ rights.
iv. Strengthen the capacity of Occupational Safety and Health managers and committees in businesses on human rights compliance.
4.2.3 Empower communities especially vulnerable persons to claim their rights
(…)
iii. Popularize existing labour laws and labour standards relating to Occupational Safety and Health to make them known widely.
iv. Ensure helplines are available for reporting unsafe working conditions and other labour complaints.
OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.
4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations
Awareness raising on workers’ rights and available remedy mechanisms for business-related human rights abuses and violations.
Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities.
CHAPTER FIVE: INSTITUTIONAL FRAMEWORK
5.4 Business entities
Promote human rights education for their employees.
5.13 Private Sector
Promote and disseminate the action plan to employers and employees.
(…)
vii. Sensitize employees on human rights.
Budgeted outputs in Annex I include:
Objective 1.0 – Review and strengthen the capacity and function the probation and labour department to handle labour-related grievances
The UK 2013 NAP states in the section on The existing UK legal and policy framework that [page 8]:
“Legislation has also been passed to plug specific gaps in the protection of workers under the law such as the Gangmasters (Licensing) Act 2004, which created an agency to prevent the exploitation of workers in agricultural work, shellfish-gathering and related processing or packaging.”
The UK 2016 Updated NAP refers to the workers’ rights in the Introduction [page 3]:
“Since the publication of the UNGPs, in 2011, and the UK’s National Action Plan in 2013, there have been a number of developments at the international level. In particular: (…) protect labour rights, promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment (SDG 8.8).”
The UK 2016 Updated NAP states in the section The State’s Duty to Protect Human Rights that [page 7]:
“Legislation has also been passed to plug specific gaps in the protection of workers under the law such as the Gangmasters (Licensing) Act 2004, which created an agency to prevent the exploitation of workers in agricultural work, shellfish-gathering and related processing or packaging.”
The UK 2016 Updated NAP refers to migrant workers’ rights also in Government Commitments section [page 11]:
“The Government will do the following to reinforce its implementation of its commitments under Pillar 1 of the UNGPs: (…) Consider new project activity on raising awareness and tackling the negative impacts of business activity, including on the human rights of groups like indigenous peoples, women, national or ethnic minorities, religious and linguistic minorities, children, persons with disabilities, and migrant workers and their families, by tasking our diplomatic missions in countries where these are concerns.”
The UK 2016 Updated NAP includes a Case study of Rana Plaza which makes reference to workers’ rights [page 12]:
”DFID Bangladesh funding has also worked to try and ensure justice for garment workers, supporting a number of NGOs to file public interest litigation to protect workers’ rights, and increase awareness of worker rights. To support this, in 2015 the British High Commission began work with Global Rights Compliance and Action Aid Bangladesh to increase state, corporate, trade associations and trade union understanding and uptake of the UN Guiding Principles, increase accountability and reduce human rights violations in the garment, leather and tannery sectors.”
“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
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