Workers’ rights | National Action Plans on Business and Human Rights (2023)

Workers’ rights | National Action Plans on Business and Human Rights (1) Belgium

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

Action point 8

Encourage international framework agreements

Encourager les accords-cadres internationaux

This point briefly mentions that international agreements “are mainly based on the ILO Declaration on Fundamental Principles and Rights at Work.” And that “a large number of agreements are also targeting suppliers and subcontractors”. It also describes that in September 2007, the International Metalworkers’ Federation, the International Federation of Chemical Workers and Umicore concluded an international framework agreement, including the respect for human rights, labor rights and the environment . Umicore’s agreement was the first ever concluded by a Belgian multinational company.

Action point 13

Strengthen and monitor the respect for human rights in public procurement

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

The NAP explains that procurement policy considers compliance with the Basic Conventions of the International Labor Organization as an essential performance criterion. However, procurement policy could also include more specific emphasis on the respect for other human and labour rights.

  • The Flemish government adds that “sustainable public procurement is an important lever in promoting the respect for workers’ rights. They are a good way to encourage and/or require companies to formally commit themselves to better working conditions internally and within their international supply chains.

Action point 14

Evaluate the Belgian label to promote socially responsible production

Evaluer le label belge visant à promouvoir la production socialement responsible

This pointpresents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. Companies able to demonstrate that core labor standards were respected throughout their production chain for their products and services, can apply the “Belgian social label” to these products and services. The Minister for Economic Affairs grants the label on the basis of a binding opinion by a stakeholder committee.

While the Belgian social label guarantees consumers the respect for human rights, and labor rights in particular, throughout the entire supply chain, a series of limitations seem to have held back its success. The planned action includes drawing up these limitations, so that solutions can be formulated for the relaunch of a new upgraded label. Moreover, the NAP suggests that the information collected from the research may be useful for the discussion on introducing a “Made in Europe” label, which should promote respect for European standards, including the respect for human rights, with particular attention on workers’ rights and products.

Action point 17

Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements

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

The federal government states that during negotiations at the European level, Belgium will advocate for the respect and inclusion of fundamental labour rights and international environmental standards – including in cases of development cooperation – in investment agreements and free trade agreements.

  • The government of Wallonia states that it will continue to advocate for the revision of model texts used in negotiations of commercial treaties in order for them to specifically respect human rights, labour rights and social norms, as well as environmental measures, accompanied by financial or commercial sanctions.

Action point 26

Pay particular attention to the ratification of a series of ILO conventions to health and safety at work

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

This pointaddresses the issue of workers’ rights, particularly the issue of the right to health and security at work. Engagements will include the ratification of:

  • ILO Convention No. 187 on Occupational Safety and Health.
  • ILO Convention No. 167 on Safety and Health in Construction.
  • Convention No. 170 on Safety in the Use of Chemical Substances at Work

The government explains that by ratifying these key safety and health conventions “Belgium will not only strengthen its own occupational health and safety system, but also to encourage
other countries to follow through.”

Action point 28

Implementation of the Flemish Action Plan “Sustainable International Entrepreneurship 2014-2015-2016”

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

The government of Flanders states that “besides the need to raise awareness of international guidelines and to provide support for their implementation, there is a specific need for practical advice and instructions (on environmental standards, labor rights, human rights) to apply sustainable international entrepreneurship in selected countries and sectors.

Read more about Belgium

Workers’ rights | National Action Plans on Business and Human Rights (2) Chile

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action Point 1.3 (pages 30-31)

The Ministry of Labour will:

  • Train workers about their rights and the Guiding Principles through the introduction of subjects related with business and human rights in the study programmes of the Trade Union School, with emphasis, inter alia, on labour rights and child labour.
  • Train businesses (guilds, confederations, associations and SMEs), unions and civil servants on business and human rights, emphasising labour rights.
  • Inform users about this Action Plan through a banner uploaded in the ministry’s website portal -aimed at providing additional information on this topic, and showing the measures that the ministry is carrying out in the relevant field.

Strand 3: Inclusion and Non-Discrimination

Action Point 3.2 (page 36)

The Ministry of Social Development will:

Organise, through the Indigenous Affairs Coordination Unit, a Coordination Board including the participation of indigenous peoples and relevant organisations with the purpose of proposing non-discrimination and inclusion measures in the labour market. This Board will take into consideration the international standards set out in Covenant 169, as well as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recommendations gathered from the citizens’ dialogues held within the framework of the National Action Plan about the subject.

Strand 4: Transparency and Participation

Action Point 4.7 (page 41)

The Ministry of Labour will strengthen participation mechanisms, applying a preventive focus, processes and consultation and dialogue mechanisms through the Labour Higher Council.

Strand 6: Strengthening Coherence between Public Policies

Action Point 6.5 (pages 46-47)

The Under-Secretariat of Social Security of the Ministry of Labour will coordinate national, regional and tripartite efforts concerning the National Programme for Health and Safety in the Workplace. This Programme seeks to promote the development of a national culture of prevention in health and safety issues; contribute to the protection of workers through the elimination of work-related dangers and risks, or to their reduction to a minimum level, with the purpose of preventing injuries, diseases and deaths caused by work and promote health and safety in the workplace. Implementation will be based on ILO Convention No. 187 about the Framework for Health and Safety in the Workplace and the Programme of Government of the President of the Republic, through a regional and nations process consultation to representatives of the employers, workers, government entities and bodies responsible for enforcing Law No. 16,744.

Strand 8: Legislation, Policies and Incentives

Action Point 8.3. (page 49)

The Ministry of Labour and the Ministry of Social Development will continue promoting labour inclusion through the creation of the regulation supporting the Labour Inclusion Law, thus fostering inclusion from a human rights perspective.

Read more about Chile

Workers’ rights | National Action Plans on Business and Human Rights (3) Colombia

I. CONTEXT

(…)

Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]

  • Job creation: the government seeks increasing employment through a strategy that combines support to Small and medium enterprises (which generate around 90% of employment in the country), acceleration of infrastructure projects, incentives to orange economy [economía naranja] projects_, development in connectivity and digital transformation and support to sector specially impacted by the pandemic such as tourism and the hotel industry.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.

(…)

  • The Ministry of Labour will formulate departmental plans for the eradication of child labour and the protection of adolescent workers within the framework of the CIETI [Comité Interinstitucional para la Erradicación del Trabajo Infantil].

(…)

  • The Ministry of Agriculture and Rural Development will carry out actions to formalise employability relations in the rural sector and basic minimum income, in accordance with the recognised rights of rural workers, taking into account a differential approach for the sector.

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

  • The Presidential Advisor’s Office for Human Rights and International Affairs will carry out accompaniment and advice sessions for employers on the importance of labour inclusion for the vulnerable population, highlighting its importance in the reactivation phase of Covid-19.

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

  • The Ministry of Trade, Industry and Tourism [MINCIT] will link public-private policy networks related to competitiveness, productivity and income and employment generation to human rights and business processes and guidelines.

(…)

  • The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

  • The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

  • The Ministry of Labour [Mintrabajo] will support the strengthening of the trade union association process through training focused on raising awareness among the labour force on the right to association.

Read more about Colombia

Workers’ rights | National Action Plans on Business and Human Rights (4) Czechia

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 7Tdo1261/2013 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 4Tdo366/2013 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.ÚS3436/14 of 19 January 2016 and Finding of the Constitutional Court I.ÚS3196/12 of 12 August 2014).”] Those working in other people’s households are another risk group. Such actions have fallout for employees, for the state (which is robbed of taxes and insurance contributions), and for honest businesses, who cannot compete with such labour.

Whereas minor cases of labour-law violations are subject to checks by labour inspection bodies, more serious cases can be prosecuted as crimes. However, for these modern-day unfair practices to be detected and prevented effectively, there needs to be coordinated cooperation between many state bodies and social partners. There may be numerous labour-law violations in supply chains, via temporary employment agencies, or at entities that act as recruiters but do not hold a permit to do so. To make it possible to stamp out these most serious forms of abuse, businesses themselves should pay attention to working conditions at their partners and, if they detect any breaches of the law, they should either demand that corrective action be taken or sever ties. The state’s role here is to create a functioning labour market that will not cater to illegal practices. This does not mean just the repression of the perpetrators, but also the shaping of conditions conducive to the legal employment of foreign nationals.

Current state of play:

  • The Czech Republic has ratified the International Labour Organisation’s Private Employment Agencies Convention (Convention No 181).
  • Directive 2008/104/EC on temporary agency work, regulating this area at EU level, and Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals have been transposed into Czech law.
  • A methodological guideline of the Inspector General of the State Labour Inspectorate Authority has been issued to harmonise inspection procedures in checks focusing on temporary agency work.
  • The constituent elements of misdemeanours and administrative offences in labour law are being clarified.
  • A law is being drawn up that will tighten conditions for the establishment and operation of temporary employment agencies. Users drawing on the services of such agencies are to be made co-responsible for the observance of commensurable wage and working conditions for temporary employees, and compulsory deposits are being introduced for each agency.
  • The Ministry of Labour and Social Affairs hosts the Interministerial Body to Combat the Illegal Employment of Foreign Nationals, which plays a coordinating role, and the Economic and Social Agreement Council’s Working Party on the Mediation of Employment by Temporary Employment Agencies.
  • A Concept for the Prevention of the Labour Exploitation of European Union Citizens in the Czech Republic has been produced.
  • The Czech Republic activity combats human trafficking in accordance with the National Strategy to Combat Human Trafficking in the Czech Republic 2016-2019.
  • Czech law contains procedures to help victims of human trafficking to legalise their stay [g. Section 42e of Act No 326/1999 on the residence of foreign nationals in the Czech Republic and amending certain acts, as amended] and to find work. [E.g. Section 97(d) and Section 98(p) of Act No 435/2004 on employment.] Although victims can take their claims to the civil courts, lawsuits tend to be lengthy and arduous for someone who cannot speak the language, is unfamiliar with the legal system, and does not have the money for a lawyer. In criminal proceedings, victims may be represented by an agent, such as a non-profit organisation. [Section 50 of Act No 141/1961 on criminal proceedings (the Code of Criminal Procedure).]
  • Under the National Strategy to Combat Human Trafficking in the Czech Republic 2016-2019, an analysis is being conducted of flaws in selected labour-law regulations that could pander to an exploitative working environment (Task 1 of the National Strategy).

Tasks:

  • Focus, via labour inspection bodies, on unravelling the illegal employment of foreign nationals and running checks on temporary employment agencies and other entities acting as recruiters without the necessary permit.
    Coordinator: Ministry of Labour and Social Affairs
    Deadline: Running
  • Evaluate the implementation of Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. The evaluation will include an analysis of the extra administrative burden and the ramifications for businesses.
    Coordinator: Ministry of the Interior
    Co-coordinator: Ministry of Labour and Social Affairs
    Deadline: 31December 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.ÚS59/14 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: 31December 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: 31December 2020”

Read more about Czechia

Workers’ rights | National Action Plans on Business and Human Rights (5) Denmark

2. The state dutyto protect human rights

2.3 Actions taken

Protection of human rights through state regulation and policy [page 12]

“Denmark works to ensure that companies involved in Danish development cooperation respect human rights and act responsibly within the areas of worker’s rights, human rights, environment and anti-corruption within the framework of ILO conventions, UN Global Compact, the OECD guidelines for multinational enterprises and work towards implementation of the UN Guiding Principles on Business and Human Rights.”

Protection of human rights in the business sphere in Danish legislation [page 12-13]

“General Danish law contributes to fulfilling Denmark’sduty under human rights treaties to which it is a partyagainst human rights abuses by private actors, includingbusinesses. For example, the Danish parliamentary actprohibits differential treatment in the labour marketfrom 1996 protecting against discrimination based onrace, gender, skin colour, religion, political opinion, sexualorientation or national, social or ethnic origin. It is alsoan offense to refuse to serve a person on the same termsas others involved in commercial or non-profit companybecause of his/hers race, colour, national or ethnic origin,religion or sexual orientation. The Working EnvironmentAct of 2005 and the Act on the Work of Young Persons from 2005 implement the EU Directive 94/33/EC from1994 on the protection of young workers, and the 1956Constitutional Act of Denmark covers freedom of associationand assembly.”

Providing effective guidance onhow 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 aCSR 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 employeesand 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 relatedrisks including local legislation and policies and other CSR issues. Access to finance is based onbuyer’s and exporter’s compliance with ILO principles on human and workers’ rights.”

Read more about Denmark

Workers’ rights | National Action Plans on Business and Human Rights (6) Finland

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.”

Read more about Finland

Workers’ rights | National Action Plans on Business and Human Rights (7) France

I. The State’s Obligation to Protect Human Rights

The International Framework

2. The International Labour Organization (ILO) [page 14]

…France is committed to seeing ILO, a source of international labour laws, establish a shared reference standard based on a common interpretation of conventions. It actively supports the universal ratification process for ILO’s eight fundamental conventions. For several years, it has also underlined the need to reinforce the organization’s supervisory system.

France is one of ILO’s more active members and has a permanent seat on the organization’s Governing Body. It adheres to and promotes the Decent Work Agenda, and fully supports the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration). The country has signed a four-year partnership agreement with the International Labour Office, which involves implementing CSR initiatives and contributing to the Better Work Programme.

Actions Underway [page 16]

  • France seeks to ensure that the issues of decent work, occupational health and safety and supply chains are addressed by the G20, particularly by working with Germany, whose presidency runs from 2016 to 2017. It also seeks to build on the G7’s commitments to the UN Guiding Principles in 2015, as well as commitments made during the International Labour Conference in June 2016, one of the three themes of which was “decent work in global supply chains”.

The National Framework

10. Reinforcement of Legislation [page 24]

  • The Act of 10 July 2014 on unfair social competition was adopted to transpose into national law the European Directive on the posting of workers, which seeks to fight illegal labour practices and fraud in this field. Not only does the act create due diligence obligations, it also provides for joint liability (over and above the requirements in the European Directive) whenever posted workers are used (it establishes the liability of project owners and principals with respect to their subcontractors and co-contractors).

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement

Public Procurement Policy [page 25]

Under Article 15 of Decree 2016-360 of 25 March 2016, contracting authorities may choose to include general administrative terms and conditions in public contracts. These terms and conditions cover general rather than specific provisions (performance of services, payment, auditing of services, presentation of subcontractors, deadlines, penalties, general conditions, etc.). Article 6 of these terms covers the protection of labour and working conditions, and states that contract holders must respect the working conditions set down in the labour laws and regulations of the country in which workers are hired or, otherwise, ILO’s eight fundamental conventions where these have not been incorporated into the country’s laws and regulations. …

Actions Underway [page 30]

  • The AFD supports the implementation of universal social protection and the promotion of initiatives to develop decent work (the creation of decent jobs, skills upgrading, training and the transition towards sustainable employment) in accordance with the AFD’s partnership with the International Labour Office and the priority areas in the ILO-France partnership agreement.

II. Businesses’ Responsibility to Respect Human Rights

2. Training and Information for Businesses [page 39]

… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights and the rights of newcomers, workers, vulnerable populations, etc. These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.

Practical Tools Addressing Specific Issues [page 41]

  • ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: discrimination, freedom of association, collective bargaining, wages and benefits, occupational safety and health, forced labour, child labour, etc. It also offers free and confidential assistance for company directors and workers.

III. Access to Remedy

1. Judicial Mechanisms – At the International Level

1.1 The Protocol to the ILO Forced Labour Convention (No. 29) [page 47]

France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol. This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.

The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.

This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [page 54]

The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. …

2.4 The European Social Charter [page 57]

In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers the right to work, the right to organize, the right to bargain collectively, … , and the right to protection and assistance for migrant workers and their families. …

Read more about France

Workers’ rights | National Action Plans on Business and Human Rights (8) Georgia

There is no mention of workers’ rights in the Business and Human Rights Chapter of the Georgian Human Rights NAP.

Read more about Georgia

Workers’ rights | National Action Plans on Business and Human Rights (9) Germany

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%.

(Video) National Action Plan on Business and Human Rights

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.”

Read more about Germany

Workers’ rights | National Action Plans on Business and Human Rights (10) Ireland

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.”

Read more about Ireland

Workers’ rights | National Action Plans on Business and Human Rights (11) Italy

C. National Priorities

[page 7]

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

Irregular work and agricultural sector

[page 14]

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

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

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

Planned measures

[page 15]

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

The State-Business Nexus

[page 21]

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

Read more about Italy

Workers’ rights | National Action Plans on Business and Human Rights (12) Japan

Chapter 2. Action Plan

2. Areas of the NAP

(1) Cross-cutting areas

A. Labour (Promotion of Decent Work)

(Existing framework/Measures taken)

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.

Read more about Japan

Workers’ rights | National Action Plans on Business and Human Rights (13) Kenya
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:

  1. 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;
  2. 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;
  3. Low level of awareness on labour rights among workers (mostly women in low income or low skilled jobs) and employers;
  4. Lack of effective regulation of recruitment agencies for migrant workers;
  5. 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,
  6. 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 –

      1. Land laws, including resettlement and compensation frameworks;
      2. Labour laws and the rights of migrant workers; and
      3. 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 ObjectivePolicy ActionsKey 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 businessEnsure 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 abusesImprove 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.Ministry of Labour and Social Protection

Read more about Kenya

Workers’ rights | National Action Plans on Business and Human Rights (14) Lithuania

The Lithuanian NAP makes no explicit reference to worker’s rights.

Read more about Lithuania

Workers’ rights | National Action Plans on Business and Human Rights (15) Luxembourg

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 timelineAs 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.

Read more about Luxembourg

Workers’ rights | National Action Plans on Business and Human Rights (16) Mexico

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.

Read more about Mexico

Workers’ rights | National Action Plans on Business and Human Rights (17) Netherlands

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.”

Read more about Netherlands

Workers’ rights | National Action Plans on Business and Human Rights (18) Norway

2. The State duty to protect human rights

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.

2.8Free-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.

Read more about Norway

Workers’ rights | National Action Plans on Business and Human Rights (19) Pakistan

Introduction

Statement of Commitment to Implement the United Nations Guiding Principles on Business and Human Rights by the State of Pakistan (page 3)

‘Pakistan has also ratified International Labour Organization’s (ILO) eight core labour standards, in addition to several further ILO conventions.’

CHAPTER 1: National Action Plan on Business and Human Rights

1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 10)

‘The NAP will also complement frameworks with similar principles related to the protection and promotion of socially inclusive, sustainable, and responsible business operations, for example, Pakistan’s commitment to the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration). Recently, Pakistan became the first country in the Asia-Pacific region to appoint a National Focal Point for the application of the MNE Declaration, that is, the Employers’ Federation of Pakistan.’

(Video) National Action Plan on Business and Human Rights

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.2. NAP Priority Areas

3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion (page 19)

‘Pakistan, in line with its Constitution which embeds equality for all as a fundamental right, and in line with its international obligations emanating as State Party to ICCPR, ICESCR, CEDAW, ILO Convention No. 100 (Equal Remuneration), ILO Convention No. 111 [Discrimination (Employment and Occupation)], and others, […]’

Proposed Actions

  • Federal (page 20)

‘13. Ratify ILO Convention No. 190 (Violence and Harassment).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention

UN Guiding Principle(s): 1, 3 Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 13 designating the Federal Cabinet of Pakistan, the Ministry of Foreign Affairs and the Ministry of Law and Justice as Leading Entities (page 47).

3.2.4. Labour Standards and the Informal Economy (page 28)

‘The respective Provincial Governments of Punjab, Sindh, and Khyber Pakhtunkhwa each passed a Labour Policy in 2018 committing to the provision of decent work for workers, in accordance with several ILO Conventions, and focusing on Occupational Health and Safety for workers, and the eradication of child labour as well as forced labour. Additionally, Punjab and the Islamabad Capital Territory have legislation regarding the rights of Domestic Workers. Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, forced labour or any forms of modern slavery. These conventions also require States to restrict working hours, prohibit all sorts of discrimination in employment and occupation, compensate workers incapacitated by occupational diseases, accidents or injuries and habilitation of disabled workers etc.’

Proposed Actions

  • Federal (pages 28-29)

‘37. Adopt a National Policy on Home Based Workers (HBW).

Performance indicator(s): (i) Adoption of Policy

UN Guiding Principle(s): 1, 2, 3

Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 37 designating the Ministry of Human Rights, the National Commission on Human Rights and the Ministry of Overseas Pakistanis and Human Resource Development as Leading Entities, and designating the National Commission on the Status of Women; Provincial Labour & Human Resource Departments; Provincial Human Rights Departments; Provincial Commissions on the Status of Women; Provincial Child Welfare

Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments; CSOs & NGOs as Additional Entities (page 58).

‘38. Ratify ILO Convention No. 177 (Home Workers).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention

UN Guiding Principle(s): 1, 2, 3

Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 38 designating the Federal Cabinet of Pakistan as Leading Entity, and designating Ministry of Human Rights; Ministry of Law & Justice; Ministry of Foreign Affairs; Provincial Human Rights Departments; Provincial Commissions Ministry of Overseas Pakistanis and Human Resource Development; Provincial Child Welfare Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministryof Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments as Additional Entities (page 59).

‘39. Ratify ILO Convention No. 189 (Domestic Workers).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention

UN Guiding Principle(s): 1, 3 Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 39 designating the Federal Cabinet of Pakistan as Leading Entity, and designating the Ministry of Foreign Affairs, the Ministry of Law and Justice, the Ministry of Human Rights, the Ministry of Parliamentary Affairs and the Ministry of Planning, Development and Reform as Additional Entities (page 59).

  • Federal and Provincial (pages 29-31)

‘40. Incorporate the terms of all ratified ILO conventions into the legal framework governing the rights of all workers in Pakistan, including those in the informal economy.

Performance indicator(s): (i) Amendments made to legislation of High-Level Meetings and consultations with Stakeholders on the scope of the ILO Conventions; (ii) Enactment of relevant legislation; (iii) Development of relevant policies

UN Guiding Principle(s): 1, 2, 3 Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 40 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Provincial Treaty Implementation Cells; Ministry of Industries and Production; Ministry of Commerce; Provincial Human Rights Departments; Labour/Trade Unions; Business Community; Ministry of Overseas Pakistanis and Human Resource Development; Ministry of Planning, Development and Reform as Additional Entities (page 60).

‘41. Strengthen labour inspection mechanisms, including by ensuring the sufficient funding and capacity of the mechanisms, and conduct regular inspections of business enterprises, including in the informal economy, to safeguard adherence to minimum wage and other labour rights. Ensure inclusion of women as labour inspectors as well.

Proposed Performance indicator(s): (i) Measures taken to strengthen labour inspection mechanisms; (ii) Number of inspections carried out

UN Guiding Principle(s): 1, 2, 3, 4

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 41 designating the Provincial Labour and Human Resources Departments as Leading Entity and the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Human Rights Departments, the Provincial Mines and Minerals Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments (page 60).

‘42. Conduct a review process of labour laws, standards, and policies to gauge the differentiated impacts or deficits of these laws, standards and policies on women and vulnerable or marginalised workers, including in the informal economy, and identify and enact as required new or amended laws, standards, or policies.

Performance indicator(s): (i) Review process reports; (ii) Proposal of Amendments; (iii) Laws, standards, or policies enacted

UN Guiding Principle(s): 1, 3, 8

Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 42 designating the Provincial Governments and the Provincial Labour & Human Resources Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women; Provincial Law Departments; Provincial Human Rights Departments; Provincial Women Development Departments; Provincial Departments of Empowerment of Persons with Disabilities; Provincial Social Welfare Departments; Provincial Labour Departments; Provincial Industries Departments; Provincial Commerce Departments; Provincial Rural Development Departments; Provincial Local Government Departments as Additional Entities (page 61).

‘43. Register all labour, including in the informal economy, and establish, or strengthen existing, Labour Management Information Systems. Performance indicator(s): (i) Number of newly registered individuals; (ii) Establishment or steps taken to strengthen of Labour Management Information Systems

UN Guiding Principle(s): 1, 3, 8

Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 43 designating the Provincial Government; Industries & Commerce Department; Provincial Labour Inspectorates as Leading Entities, and designating the Provincial FinanceDepartments; Provincial Information and Public Relations Departments; Provincial Labour Departments; Provincial Law Departments;Provincial Planning Departments; Provincial Population Welfare Departments; Provincial Revenue Departments; Provincial Social Welfare Departments; Business Community; CSOs & NGOs; Labour/Trade Unions as Additional Entities (page 61).

‘45. Formalise and strengthen wage payment mechanisms across all sectors, including the informal economy.

Performance indicator(s): (i) Formalisation of wage payment mechanism; (ii) Number of persons newly covered under formalized wage payment mechanism

UN Guiding Principle(s): 1, 3, 8, 11, 13, 15, 17, 22, 23

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 45 designating the Provincial Governments, the Provincial Finance Departments, the Provincial Labour Departments as Leading Entities, and designating the Provincial Chief Minister’s Inspection Teams, the Provincial Home Departments, the Provincial Information Departments, the Provincial Local Government and Rural Development Departments, the Provincial Mines and Minerals Departments, the Provincial Planning and Development Departments, the Provincial Population Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Ombudspersons, Labour/Trade Unions and the Business Community as Additional Entities (page 62).

‘46. Provide life insurance and ensure compulsory EOBI Registration.

Performance indicator(s): (i) Number of newly registered establishments/industries; (ii) Number of newly registered insured persons

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 46 designating the EOBI and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Provincial Industries and Commerce Departments, the Provincial Social Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Mines & Minerals Departments, the Provincial Health Departments, the Provincial Law Departments, the Provincial Information Departments, the Business Community, Labour/Trade Unions and the Chief Minister’s Inspection Teams as Additional Entities (page 63).

  • Provincial (page 31)

‘47. Ensure provision of appointment letter or employment contracts as a requirement in the informal economy.

Performance indicator(s): (i) Number of employees issued appointment letters/contracts; (ii) Results of labour inspections/ spot-checks

UN Guiding Principle(s): 1, 2, 3, 11

Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 47 designating the Provincial Governments, the Provincial Labour Departments and the Provincial Labour Inspectorates as Leading Entities, and designating the Chief Minister’s Inspection Teams, the Provincial Human Rights Departments, the Provincial Labour Departments, the Provincial Law Departments, the Business Community, the Provincial Mines & Minerals Departments, the Provincial Industries, Commerce and Investment Departments, the Provincial Local Government Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments as Additional Entities (page 63).

‘48. Pass Provincial legislation, or strengthen compliance with existing legislation, on Domestic Workers.

Performance indicator(s): (i) Provincial legislation passed or steps taken to strengthen compliance

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 48 designating the ProvincialGovernments; Chief Minister’s Inspection Team; Provincial Labour and Human Resource Departments as Leading Entities, and designating the Provincial Law and Parliamentary Affairs Departments; Business Community; Provincial Local Government Departments; Provincial Social Welfare Departments; Provincial Women Development Departments; Workers Welfare Boards; NGOs & CSOs as Additional Entities (page 64).

3.2.5. Child Labour (page 32)

‘The State of Pakistan is committed to fulfilling its obligation to eliminate child labour as per the Constitution, and the Convention on the Rights of the Child, ILO Convention No. 138 (Minimum Age), ILO Convention No. 182 (Worst Forms of Child Labour), as well as other international and domestic legal instruments.’

3.2.6. Forced or Bonded Labour (page 33)

‘Pakistan has ratified ILO Convention No. 29 (Forced Labour) and ILO Convention 105 (Abolition of Forced Labour), and is committed to eliminating forced or bonded labour.’

Proposed Actions

  • Federal (page 33)

‘55. Ratify Protocol to ILO Convention No. 29 (Forced Labour).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 55 designating the Federal Cabinet, the Ministry of Foreign Affairs, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs as Additional Entity (page 66).

3.2.7. Occupational Health and Safety

Proposed Actions

  • Federal (page 35)

‘61. Ratify ILO Convention No. 155 (Occupational Safety and Health) and ILO Convention No. 187 (Promotional Framework for Occupational Safety and Health).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Conventions

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 3 – Good Health and Well-being; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 61 designating the Federal Cabinet of Pakistan, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Foreign Affairs and the Ministry of Parliamentary Affairs as Additional Entities (page 68).

CHAPTER 4: State Expectations of Business Enterprises (page 38-40)

‘5. Ensure that human rights corporate policies are communicated to their employees which can be done through mandatory human rights trainings at the start of employment and through regular trainings thereafter. Specific mandatory trainings should also be conducted for all personnel, including managerial and hiring staff, on anti-discrimination and equality at the workplace, focusing on anti-harassment, equal opportunity, workplace security and maternity leave/pay.

[…]

9. Ensure that all employees are given formal contracts of employment, which lay down their rights and obligations.

[…]

13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] ILO’s Fundamental Principles and Rights at Work […]’

ANNEX II: Actions Already Undertaken by Pakistan

A | General Measures Relevant to Business and Human Rights (page 72)

‘There are several laws that relate to the protection of labour rights in line with international obligations and the ILO Conventions. Notably, the Industrial Relations Act 2012 calls for the creation of a National Industrial Relations Commission, which is mandated to deal with cases of unfair labour practices.’

B | Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity, and Inclusion

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

  • Punjab (page 78)

‘The Punjab Minimum Wages Act 2019 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’

  • Sindh (pages 78-79)

‘The Sindh Minimum Wages Act 2015 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’

iv. Labour Standards and the Informal Economy

  • Punjab (page 81)

‘The Minimum Wages for Unskilled Workers Ordinance 1969 is still operational in Punjab and it aims to fix the minimum rates of wages for unskilled workers employed in certain commercial and industrial establishments.

The Punjab Provincial Employees Social Security (Amendment) Act 2013 increases the wage limit of workers and entitles the nearest kin of a secured employee to a death grant.

The Factories Act 1934 applies in Punjab and it limits the duration of working hours of labourers to 9 hours a day. It also gives workers the right to take a holiday for 14 consecutive days in a year. Section 49 of the Act also permits festival holidays for up to 13 days.

The Punjab Shops and Establishments Ordinance allows workers to work for no more than 9 hours a day and 48 hours a week.

[…]

The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.

The Provincial Employees Social Security Ordinance 1965 requires an employer to provide health care, including maternity care, to full-time domestic workers under Section 55A.’

  • Khyber Pakhtunkhwa (page 83)

‘Working hours for employees in Khyber Pakhtunkhwa are limited to 8 hours a day and 48 hours a week under the Khyber Pakhtunkhwa Shops and Establishments Act 2015.

The Minimum Wages Ordinance 1961 is applicable to all industrial establishments’ employees whether skilled, unskilled or apprentices and even domestic workers.’

  • Balochistan (page 84)

‘The Provincial Employees Social Security Ordinance 1965 requires employers to provide health care, including maternity care to full-time domestic workers under Section 55A.

The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.’

Read more about Pakistan

Workers’ rights | National Action Plans on Business and Human Rights (20) Peru
CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS

1.3. Stages of the elaboration process

The NAP preparation process was divided into three stages: (i) convening of stakeholders; (ii) preparation of diagnosis and baseline; and (iii) preparation of actions, indicators, and goals. The beginning of one stage did not mean the definitive closure of the previous one; however, it is possible to define differentiated periods:

First stage: call for stakeholders

It was developed from January to August 2019. It was characterized by the identification and rappro- chement of stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies. In this way, all sectors involved in the issue of business and human rights were brought together. – page 23

1.4. Stakeholders that participated in the process

The NAP preparation process involved 132 stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies, all of which formed part of the Multi-Stakeholder Roundtable. – page 27

CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Freedom of association and collective bargaining

Freedom of association and collective bargaining are human rights recognized in the main international instruments and this generates responsibilities on the part of the State for their protection. Respect for these rights is binding and requires the adoption of measures to strengthen trade union institutions with a gender perspective and other complementary measures. The State must evaluate, together with the union sector, the business sector, and other related stakeholders, the adoption of the most effective measures to address the causes of the current low level of unionization, in order to guarantee and promote these rights, the strengthening of unions and the social revaluation of their important role in a democratic country. It is also necessary for companies to implement due diligence mechanisms, which can also be accompanied by public policy. – page 44

Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050

Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments

Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.

8.

(Video) National Action Plan on Business and Human Rights (NAP): Requirements and Latest Developments

Action: Create and implement a permanent training program based on international standards on GP-RBC, from the Justice and Human Rights sector, with special emphasis on the specific needs of organized civil society, indigenous peoples, Afro-Peruvian people, trade unions, special protection groups, communities, and peasant patrols, and citizens in general.

Background: In order to guarantee a permanent state training and awareness-raising effort for the general public, organized civil society, the business sector, indigenous peoples, Afro-Peruvian people, trade unions, and groups in special protection situations, the MINJUSDH shall create and implement a training program on GP-RBC that addresses, in coordination with the institutions representing these sectors and other competent state entities, their particular needs.

Indicator: Creation and implementation of the program, and annual progress report. – page 60

10.

Action: Promote a change in the culture of trade unions as defenders of human rights.

Background: It is necessary to focus on the importance of trade unions as defenders of human rights. Thus, it is necessary to ensure that they have access to this right, so that they can freely decide their union membership.

Indicator: Number of people trained in the area of trade union participation as human rights defenders, considering the business and human rights approach. – page 62

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere

25.

Action: Ensuring fair access to employment for foreigners.

Background: For migrants whose countries of origin do not have an agreement with our country, Legislative Decree No. 689 applies to them, which, in Article 4, establishes that national and foreign companies may only hire foreign personnel in a proportion that does not exceed 20% of the total number of workers. This limits the possibilities of hiring, especially in micro and small companies, which have a smaller number of workers.

Indicator: Intersectoral technical report that includes the evaluation of the relevance of modifying the limit for hiring foreigners for MSEs. – page 75

Objective 2: Ratify international treaties on Human Rights, directly or indirectly related to business activities.

31.

Action: Promote the ratification and implementation of international agreements related to migrant workers.

Background: This requires a specific evaluation of ILO Convention No. 97 on migrant workers; Convention No. 118 on equal treatment of nationals and foreigners in matters of social security; Convention No. 143 on migrant workers, analyzing their relevance and contribution, as well as whether they are in harmony with other national legislation, which will be considered in the Technical Report.

Indicator: An intersectoral technical report evaluating the relevance and contribution of Convention No. 97, concerning migrant workers, prepared by the Ministries concerned. – page 78

Strategic guideline No. 4: Promotion and design of due diligence procedures to ensure the respect of human rights by companies
Objective 1: Promote that companies have a human rights due diligence process.

83.

Action: Adopt due diligence measures to avoid actual and potential risks of violations to the safety and health of workers.

Background: Adopt due diligence measures to ensure the prevention of situations of violation of the safety and health of workers in business activities that include risk map, index of hazards and risks), documents (internal regulations, records), or institutions (OSH committee) in the company. These measures should be produced considering the context of the Covid-19 pandemic.

Indicator: Increase workers’ insurance against occupational hazards (Action Indicator) – page 116

85.

Action: Adopt measures to avoid real and potential risks to the safety and health of workers.

Background: It is necessary to intensify the work being carried out in the area of inspection, in order to prevent risks to the safety and health of workers, taking into account, if necessary, the context of the health emergency caused by Covid-19.

Indicator: Number of training sessions and/or orientations in the area of occupational health and safety. – page 117

87.

Action: To progressively create and implement a mechanism for follow- up, monitoring, and voluntary reporting of the corporate due diligence mechanisms implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, trade unions, and the competent state sector.

Background: This follow-up and monitoring mechanism will be formulated in coordination with the business sector, with the participation of the state, trade unions, indigenous or native peoples, and civil society sectors; furthermore, the reports will be received voluntarily, at the times and with the contents contemplated in its respective regulations.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 119

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

91.

Action: To guarantee mechanisms for redress in the event of violation of the rights of children and adolescent workers in business activities.

Background: Both administrative and criminal liability are focused on sanctioning offenders, in the absence of expeditious and accessible procedures for the redress and rehabilitation of victims of child and hazardous labor.

Indicator: Strategy for the comprehensive care of children and adolescents identified as hazardous child laborers. – page 122

96.

Action: Create and implement a follow-up and monitoring mechanism for corporate due diligence related to reparations, which are implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, Andean and Amazonian peoples, trade unions and the relevant state sector.

Background: Businesses should diligently manage complaints and/or claims received from people with disabilities and senior citizens who consider themselves affected by the adverse impacts of business activities, ensuring due process of their complaints and implementing sanctions and redress mechanisms, as appropriate. This action, with emphasis on reparation mechanisms, is implemented within the framework of Action 87.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 125

Read more about Peru

Workers’ rights | National Action Plans on Business and Human Rights (21) Poland

2017-2020 NATIONAL ACTION PLAN

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

5. Planned changes in national legislation

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

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

Right of female workers to protection [page 15]:

In view of the right of employed women to special protection under Article 8 of the European Social Charter, as well as the right of mothers to special protection during the period before and after childbirth under Article 10 of the International Covenant on Economic, Social and Cultural Rights, and under Article 177 LC, the employment relationship with afemale 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 atrial period not exceeding one month or to employees hired under an employment contract for adefinite period of time concluded to replace an employee during ajustified absence from work. These regulations also apply accordingly in the case of employees taking parental leave.

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

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

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

Pillar II: The corporate responsibility to respect human rights

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

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

Pillar III: Access to remedies

Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies [pages 48,49]:

By verifying compliance with the law in relation to temporary workers, labour inspectors verify that there is no violation of the prohibition on unequal treatment of temporary workers—with respect to working conditions and other conditions of employment—as compared to workers employed by the employer in the same or a similar position.

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

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

Appendix 1

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

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

2021-2024 NATIONAL ACTION PLAN

4. Ministry of Family and Social Policy

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

Creating incentives for older persons to remain in the labour market will be implemented by creating a broad offer addressed to those persons, which includes:

o introducing flexible forms of work for older persons (including, inter alia, part-time work, telework, home office, flexible working hours in agreement with the employee) on a large scale;

o providing support for social economy entities employing older persons;

o promoting continuation of work in other forms such as coaching, tutoring, and mentoring.

Tapping the potential of older persons requires creating a wide range of possible forms of providing work, including on a full-time or part-time basis. The social policy for older people should strive to create conditions and highlight the benefits resulting from prolonging the period of employment.

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

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

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

o promoting flexible forms of employment among employers;

o promoting good practices and sharing experiences in this area.

Age management brings tangible benefits to both employees and employers, which are important on a macro-social scale. – page 16

Another priority area of the Strategy is ‘Work’. Within this area, there are measures envisaged to foster greater professional activity of persons with disabilities and enhance possibilities of their employment in an open, inclusive and accessible work environment, pursuant to Article 27 of the Convention on the Rights of Persons with Disabilities. Measures within this area focus on:

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

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

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

· creation of environment conducive to effective professional activation of persons with disabilities through, for instance, ensuring specialised advisory in the scope of available instruments of professional activation of persons with disabilities and in the scope of obligations of employers following from their employment for institutions of the labour market,

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

Update of the ‘Family and work’ platform

Over the next two years, a number of further measures are planned in the area related to work-life balance in connection with the implementation of the ‘Good climate for quality jobs’ project with funding provided under the Norwegian Financial Mechanism. The plans involve, among others, an update and further development of the rodzinaipraca.gov.pl platform, as well as large-scale awareness-raising activities among employers, employees and the general public (including awareness-raising campaign, nationwide meeting of fathers, competition for employers creating friendly workplaces for working parents).

Implementation of Directive (EU)2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU

Following the entry into force of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, it will be necessary to make systemic changes to Chapter 8 of the Labour Code on employees’ rights related to parenthood in the context of the implementation of the provisions of this Directive into Polish labour law. At that point, further solutions will be considered to facilitate achieving work-life balance by employees. The deadline for implementing the Directive into national legal systems has been set for 2 August 2022. – page 21

The right to a fair wage

According to Article 23(3) of the Universal Declaration of Human Rights, ‘everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection’. This right was clarified in Article 7 of the International Covenant on Economic, Social and Cultural Rights. The establishment of a minimum wage and an hourly minimum wage for certain civil-law contracts represents an instrument that furthers this goal. These issues are regulated by the Act of 10 October 2002 on Minimum Remuneration for Work (Journal of Laws of 2020, item 2207). According to the law, the minimum remuneration is, annually, the subject of negotiations in the Social Dialogue Council, consisting of representatives of the government, employees (trade unions), and employers (employers’ organisations). In the event of disagreement in the Social Dialogue Council, the decision on the amount of minimum remuneration is taken by the Council of Ministers. The amount of the minimum remuneration for work is adjusted annually to reflect the increase in the minimum remuneration for persons employed on the basis of an employment contract. From 1 January 2021, the amount of the minimum remuneration for employees (i.e. persons employed on the basis of an employment relationship) is PLN 2,800, and the minimum hourly rate for persons performing work on the basis of particular civil law contracts is PLN 18.30. Remuneration below the minimum wage constitutes a violation of employee rights. Each increase of the minimum wage translates into actual improvement of the situation of the lowest-paid workers. – page 21/22

12. Public Procurement Office

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

• Article 95, according to which the contracting body shall specify in the contract notice or procurement documents for service or construction works the contract performance requirements related to employment by the economic operator or subcontractor under an employment contract of persons performing activities within the contract performance, specified by the contracting body, if the performance of these activities involves the performance of the work in a manner specified in Article 22 § 1 of the Act of 26 June 1974 – the Labour Code. The regulation in question is aimed at limiting the avoidance by entrepreneurs of the use of employment contracts in favour of civil law contracts in cases where the use of the former is required by law. – page 33

• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected with guaranteeing adequate remuneration for work, protecting women’s rights and combating discrimination against them (equal pay, participation in decision-making), prohibition of forced labour and non-use of child labour, freedom of association, health and safety at work, contribution to the development of local communities. – page 34

13. National Labour Inspectorate

During the implementation of its statutory tasks, the National Labour Inspectorate cooperates with specialised authorities for supervision and inspection of working conditions, trade unions, employers’ organisations, workers’ self-government authorities, workers’ councils, social labour inspections, public employment services and state administration authorities, particularly authorities for overseeing and inspecting working conditions, the Police, the Border Guard, customs authorities, revenue offices, and the Social Insurance Institution, as well as local self-government authorities. – page 35

Powers of PIP authorities

In addition to the above-mentioned tasks, the National Labour Inspectorate has an important impact on the working conditions of individuals performing work on a basis other than an employment relationship and on enforcement of the payment of the minimum hourly rate for mandate contracts (Article 734 of the Civil Code) or service contracts to which the provisions on mandate apply (Article 750 of the Civil Code), which are applicable to natural persons who do not conduct an economic activity and to natural persons engaged in an economic activity acting individually and personally while performing contractual tasks. – page 36

Supervisory and inspection activities

The National Labour Inspectorate actively supports employers’ involvement in issues concerning safety and working conditions, as well as employee participation, both in its oversight and inspection capacity and in its preventive and promotional activities. These include seminars, conferences, and training meetings with employers involved in permanent workplace safety improvement programmes (enhanced oversight in industrial establishments, regular inspections in construction, rail infrastructure, forestry, and mining sectors). – page 37

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

Within the framework of the supervisory and inspection tasks, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors verify whether there are indications of forced labour at an inspected establishment, a phenomenon which is characterised by taking control over an employee and results in a violation of human rights. In order to evaluate and identify potential victims of trafficking, especially for forced labour, a number of indicators are used (developed by both ILO and the Ministry of the Interior and Administration), such as the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime. – page 37

The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 and 2018 served as an instrument to strengthen the capacity of labour inspectors to respond to the illegal employment of foreign nationals and to the phenomenon of trafficking in human beings. The agreement offers a basis for cooperation primarily in undertaking joint inspections by Border Guard officers and labour inspectors, and for exchanging information on violations of the law concerning foreign nationals, including cases of their illegal employment. Effective combating of crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms of cooperation and exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis of an agreement concluded in 2014 and 2017. Training courses are conducted at the National Labour Inspectorate Training Centre in Wrocław to help improve the qualifications of the inspectorial staff involved in the activities related to the issues in question. – page 38

Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies

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

Inspections of employment agencies always include audits of the implementation of the prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, and religious denomination or trade union affiliation of individuals for whom the agency sought employment or other paid work.

By verifying compliance with the law in relation to temporary workers, labour inspectors make sure that there has been no violation of the prohibition on unequal treatment of temporary workers – with respect to working conditions and other conditions of employment – as compared to workers employed by the employer in the same or a similar position.

As part of inspections concerning the legality of employment, labour inspectors examine issues related to respecting the principle of equal treatment and non-discrimination in access to employment. These activities are aimed at disclosing offences with regard to a refusal to employ a candidate for a vacant position or place of vocational training on the basis of their sex, age, disability, race, religion, nationality, political beliefs, ethnic origin, religious denomination, or sexual orientation. Most often, they involve the examination of job advertisements in which employers post illegal criteria for people who apply for employment, where the nature of the work does not justify their use (e.g., relating to sex or age).

Labour inspectors also check compliance with the principle of equal treatment of foreign nationals in terms of working conditions and other conditions of employment, compared to Polish citizens employed in corresponding or similar positions. – page 39

Appendix 2 (information of the Ministry of Foreign Affairs)

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

Point relating to consular activities:

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

Read more about Poland

Workers’ rights | National Action Plans on Business and Human Rights (22) Slovenia

Slovenia’s Priorities

Promotion and protection of fundamental workers’ rights, also in transnational businesses and along the entire production chain. (pg. 6)

The state’s expectations of business enterprises

Enterprises must respect and protect internationally recognised human rights as defined in the Universal Declaration of Human Rights and fundamental rights, as stipulated in the ILO Declaration on Fundamental Principles and Rights at Work. (pg. 7)

enterprises are encouraged to act in compliance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to report according to ISO 26000 and GRI standards. (pg. 7)

Principle 2 – States sets expectation for respecting human rights

In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11)

Principle 3a – Precarious Work

The Employment Relationship Act contains several provisions to that effect, including a provision in accordance with EU regulations (Council Directive concerning the framework agreement on fixed-term work) and the ILO Convention concerning Part-Time Work No. 175, which stipulates that both a fixed-term and a part-time employment contract must provide for full legal and social security benefits. (pg. 12-13)

Principle 3a – Workplace mobbing [bullying]

In accordance with the Employment Relationship Act, the employer is obliged to provide a working environment in which no worker is subject to sexual or other harassment or mobbing, either verbal, non-verbal or physical, by the employer, superiors or co-workers. The Employment Relationship Act stipulates fines for violations of these obligations by the employer. (pg. 13)

Principle 9 – Adequate Domestic Policy

The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions… (pg. 30)

Principle 26 – Access to assistance

The amended Criminal Code, which entered into force on 2 July 2017, stipulates that no direct intent needs to be determined in the event of the criminal offence of violation of fundamental workers’ rights, and that conditional intent suffices; the foreseen penalties are also higher. (pg. 36-37)

Workers in an employment relationship are guaranteed direct legal protection in the event of a request to determine the grounds for the illegal termination of an employment contract, other modes of termination of employment contract or decisions regarding the disciplinary responsibility of workers. In addition, workers may bring monetary claims arising from the employment relationship before the competent labour court. (pg. 37)

In the event of bullying or discrimination, workers have the right to judicial protection. (pg. 37)

Workers can appeal to the Labour Inspectorate of the Republic of Slovenia. If a labour inspector, based on a report or inspection, determines a violation of the prohibition of bullying, appropriate measures or sanctions may be imposed on the employer. (pg. 38)

Read more about Slovenia

Workers’ rights | National Action Plans on Business and Human Rights (23) South Korea

C. Current Status

1. Domestic Status [page 3]

  • Increased discussion of corporate social responsibility as a result of human rights issues such as low wages, … , poor working environment, … in the management process of multinational corporations.
  • Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016
    * Article 3-2 (Encouraging Social Responsibility)
    The administrator of the Public Procurement Service may reflect social and environmental values such as … human rights, labor, employment, … in the procurement process to encourage corporate social responsibility.

(Video) PANEL1-Business and Human Rights in Southeast Asia Progress Towards Developing National Action Plans

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.

Read more about South Korea

Workers’ rights | National Action Plans on Business and Human Rights (24) Spain

Guiding Principle 1

“Spain is party to all of the main treaties on human rights and, specifically, to the following:

  • the International Convention on the Elimination of All Forms of Racial Discrimination;
  • the International Convention on the Elimination of All Forms of Discrimination against Women;
  • the Convention on the Rights of the Child and its three Optional Protocols;
  • Convention on the Rights of Persons with Disabilities”

“Spain has also ratified the eight fundamental Conventions of the International Labour Organization (ILO):

  • Forced Labour Convention (No 29)
  • Freedom of Association and Protection of the Right to Organise Conventions (No 87)
  • Right to Organise and Collective Bargaining Convention (No 98)
  • Equal Remuneration Convention (No 100)
  • Abolition of Forced Labour Convention (No 105)
  • Discrimination (Employment and Occupation) Convention (No 111)
  • Minimun age Convention (No 138)
  • Worst Forms of Child Labour Convention. (No 182)”

Guiding Principle 2

Measure 5

“Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction”.

Guiding Principle 3

Measure 5

“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”

Guiding Principle 10

Measure 3

“Spain will promote greater involvement of the International Labor Organization in the application of the Guiding Principles.”

Read more about Spain

Workers’ rights | National Action Plans on Business and Human Rights (25) Sweden

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.

Read more about Sweden

Workers’ rights | National Action Plans on Business and Human Rights (26) Switzerland

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.

Read more about Switzerland

Workers’ rights | National Action Plans on Business and Human Rights (27) Taiwan

III. The state duty to protect

B. Actions taken

  • 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.’

Read more about Taiwan

Workers’ rights | National Action Plans on Business and Human Rights (28) Thailand

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

2019–2022Number 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 Labour2019–2022The 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 Labour2019–2022The 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 Labour2019–2022Number 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 Labour2019–2022Number 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 Labour2019–2022Benefits 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 Commission2019–2022Number 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 systemEstablish a system for collecting detailed information of labour so that agencies and employers are able to check the details of labourers.– Ministry of Labour2019–2022Effective data storage system– National Strategy for Public Sector Rebalancing and Development

– SDG 8

– UNGPs Articles 1, 3, 4, 5 and 7

4.RecruitmentDevelop control and checking measures for fair recruitment– Ministry of Labour2019–2022– 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

2019–2022Number 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 workersTraining 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 Labour2019–2022– 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 Labour2019 project to expand working opportunities for senior citizens100,000 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 Labour2019–2022Number 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 Justice2019–2022Percentage 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

2019–2022Number 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)

2019–2022Number 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 Labour2019–2022Number 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

2019–2022Number 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 salaryStudy 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 Labour2019–2022Number 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 conditionsStudy 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 Labour2019–2022Number 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 workersProviding health services to workers including disease prevention and control, health promotion and medical treatment and rehabilitation– Ministry of Labour

– Ministry of Public Health

2019–2022Number 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 workersDevelop friendly health service systems for migrant workers such as migrant public health volunteers to create effective access to public health– Ministry of Public Health2019–2022A 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 Health2019–2022Number 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 workersEncouraging 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

2019–2022Number 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 labourConsider 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

2019–2022Number 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 technologyMaking plans or measures to support remedies and help groups of dismissed workers in accordance with regulations set for relief.– Ministry of Labour2019–2022Plans 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 systemStudy 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 Labour2019–2022Number 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 abroadTrain 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 sectorEncourage establishments/ businesses to apply Good Labour Practice (GLP) in their business management– Ministry of Labour2019–20221,000establishments/ 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 agenciesTime-frame (2019–2022)Indicators (wide frame)Compliance with National Strategy/ SDGs/UNGPs
1.Complaints and petitionsEstablish 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)

2019–2022An 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 Security2019–2022Assigned 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 Labour2019–2022Number 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

2019–2022Number 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

2019–2022Number 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 FundEmployees have the right to access the Employee Welfare Fund as regulated in the Labour Protection Act 1998 and the set criteria– Ministry of Labour2019–2022Number 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 Security2019–2022– 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.RemediesReview and revise the Compensation Act 1994 and modernize the Compensation Fund system to be transparent, fair and in line with international principles– Ministry of Labour2019–2022– 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 and31

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 Justice2019–2022Meetings 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 abroadProvide information and assistance in accessibility to mechanisms protecting the rights of Thai workers working abroad– Ministry of Foreign Affairs

– Ministry of Labour

2019–2022– Percentage of job seekers trained before traveling abroad with more knowledge about domestic rights in their destinations

– The Department of Consular Affairs, Embassies and Consulates-General of Thailand provide information about their rights continuously through documents, websites, phone lines, applications, etc.

– Thai workers abroad get access to rights protection mechanisms including help in negotiating with employers or government agencies of that country in case of unfair treatment or rights violations

– National Strategy for Public Sector Rebalancing and Development

– SDG 8 and 17

– UNGPs Articles 1, 8,

25, 26, 27, 28, 29 and 31

Read more about Thailand

Workers’ rights | National Action Plans on Business and Human Rights (29) Uganda

CHAPTER THREE: SITUATIONAL ANALYSIS

3.3 Labour Rights

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

  1. Awareness raising on workers’ rights and available remedy mechanisms for business-related human rights abuses and violations.
  2. 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

  1. Promote human rights education for their employees.

5.13 Private Sector

  1. 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
  • Objective 5.0 – Sensitize workers on their rights

Read more about Uganda

Workers’ rights | National Action Plans on Business and Human Rights (30) United Kingdom

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 Rightsthat [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.”

Read more about United Kingdom

Workers’ rights | National Action Plans on Business and Human Rights (31) United States

Outcome 1.1: Promoting RBC Globally

Ongoing Commitments and Initiatives [page 8-9]

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

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

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

New Actions [page 14-15]

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

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

(Video) The Kenya National Action Plan on Business and Human Rights - The Process and Lessons Learned

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

Read more about United States

FAQs

What is the relationship between human rights and businesses and its importance? ›

The actions of business enterprises can affect people's enjoyment of their human rights either positively or negatively. Indeed, experience shows that enterprises can and do infringe human rights where they are not paying sufficient attention to this risk.

What are the 7 categories of employee rights? ›

  • The Minimum Wage.
  • Workplace Safety.
  • Health Coverage.
  • Social Security.
  • Unemployment Benefits.
  • Whistleblower Protections.
  • Family Leave.
  • Employment-Based Discrimination.

What is the relationship between business and human rights? ›

When businesses respect human rights, they demonstrate their commitment to building sustainable and mutually beneficial relationships with those who influence or are impacted by their operations, including customers, communities, workers, and investors.

What are the basic human rights in the workplace? ›

Not be harassed or discriminated against (treated less favorably) because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history). Receive equal pay for equal work.

What can businesses do to promote human rights in the workplace? ›

Use company resources to provide and enhance human rights education, support the establishment or enforcement of well-ordered social and political institutions, encourage transparency, and safeguard a free press. This is an area in which partnering with other organizations can be particularly effective.

How do you protect and promote your human rights? ›

This section looks at some of the approaches you might use to take HRE into the community.
...
Public actions
  1. Raising awareness of an issue.
  2. Attracting others to a cause.
  3. Getting the media talking.
  4. Showing politicians or those in power that people are watching!

What are the three pillars of business and human rights? ›

The Guiding Principles contain three chapters, or pillars: protect, respect and remedy. Each defines concrete, actionable steps for governments and companies to meet their respective duties and responsibilities to prevent human rights abuses in company operations and provide remedies if such abuses take place.

What does human rights mean in business? ›

About business and human rights

States are obligated under international human rights law to protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises.

Why businesses should respect human rights? ›

Addressing human rights helps mitigate global risks. Businesses thrive in an environment where civic rights are respected. Promoting workers' rights increases productivity and profitability. Respect for human rights improves relations with local civil society.

Why is it important for workers to have rights in the workplace? ›

To have safe working conditions. To fair labour practices. To non-victimisation in claiming rights and using procedures. To all the protection and benefits of the Basic Conditions of Employment Act.

What are the duties and responsibilities of workers? ›

As a worker, you have a legal responsibility to maintain your own health and safety and not place others at risk.
  • Protect your own health and safety. ...
  • Do not place others at risk. ...
  • Treat others with respect. ...
  • Reporting safety concerns. ...
  • Further information.

What are my human rights? ›

freedom of expression. freedom of religion or conscience. freedom of assembly. freedom from torture, inhuman or degrading treatment and slavery.

Which is the most basic employee right in the workplace? ›

The Three Basic Employee Rights
  • Every Worker has Rights. The Ham Commission Report was instrumental in establishing the three basic rights for workers. ...
  • Right to Know. ...
  • Right to Participate. ...
  • Right to Refuse Unsafe Work.

How employee rights are protected by law? ›

All your workers are protected by the Employment Rights Act 1996, as amended, against suffering any harm because of any reasonable actions they take on health and safety grounds. This applies regardless of their length of service.

What are the 3 classification of employees? ›

Permanent employees can be full- or part-time, and employment is ongoing. However, full-time employees work 30 hours per week, whereas part-time employees work less than 30 hours. Temporary employees also can be full- or part-time.

How can you communicate and support human rights through business? ›

Influence through action with business peers: companies can work with their peers to develop joint solutions to shared human rights challenges, for example, they can agree standard requirements for suppliers or a joint public stance on human rights standards in discussion with a government.

Why is it important to protect and promote human rights? ›

Human rights are needed to protect and preserve every individual's humanity, to ensure that every individual can live a life of dignity and a life that is worthy of a human being. Question: Why "should" anyone respect them? Fundamentally, because everyone is a human being and therefore a moral being.

What is the most important human right to protect? ›

These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental - the right to life - to those that make life worth living, such as the rights to food, education, work, health, and liberty.

What is the most important of human rights? ›

Human rights are based on values that keep society fair, just and equal. They include the right to life, the right to health and the right to freedom from torture.

What are the 4 characteristics of human rights? ›

Human rights are universal and inalienable; indivisible; interdependent and interrelated. They are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background.

What are the three main characteristics of human rights? ›

Human rights are indivisible, interdependent and interrelated.

What are the 3 types of respect for human rights? ›

elimination of all forms of forced or compulsory labour. effective abolition of child labour. elimination of discrimination in respect of employment and occupation.

What are the 10 examples of human rights? ›

United Nations Universal Declaration of Human Rights
  • Marriage and Family. Every grown-up has the right to marry and have a family if they want to. ...
  • The Right to Your Own Things. ...
  • Freedom of Thought. ...
  • Freedom of Expression. ...
  • The Right to Public Assembly. ...
  • The Right to Democracy. ...
  • Social Security. ...
  • Workers' Rights.

What are responsibilities of human rights? ›

My responsibility in ensuring the right to human dignity

The right to human dignity places on me the responsibility to: treat people with reverence, respect and dignity. be kind, compassionate and sensitive to every human being, including greeting them warmly and speaking to them courteously.

What are the 5 types of human rights? ›

The UDHR and other documents lay out five kinds of human rights: economic, social, cultural, civil, and political. Economic, social, and cultural rights include the right to work, the right to food and water, the right to housing, and the right to education.

Why should we treat workers as human beings? ›

It will contribute to higher productivity levels and profitability. It makes employees want to come to work and not dread it. It inspires and motivates them to work harder, produce more and become more engaged.

What are your three main duties responsibilities as a worker? ›

While at work a worker must: take reasonable care for their own health and safety. take reasonable care for the health and safety of others. comply with any reasonable instructions, policies and procedure given by their employer, business or controller of the workplace.

What are the four workers rights? ›

The Workplace Safety and Health (WSH) Act Section 2(2)(e) outlines these rights. In Manitoba, legislation dictates four key rights that all workers have: the right to know, the right to participate, the right to refuse, and the right to protection against reprisal.

Who is responsible to ensure a safe workplace? ›

Under the OSH law, employers have a responsibility to provide a safe workplace. This is a short summary of key employer responsibilities: Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.

What are the 5 basic human rights and responsibilities? ›

Bill of Rights Chapter 2, Section 7-39
  • Rights.
  • Application.
  • Equality.
  • Human dignity.
  • Life.
  • Freedom and security of the person.
  • Slavery, servitude and forced labour.
  • Privacy.

What is human rights and its importance? ›

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.

Why it is important for business people to become familiar with human rights legislation? ›

The business case

Aside from it being the right thing to, it also makes good business sense to respect human rights. Businesses can find themselves involved in lawsuits, suffering reputational harm and missing out on business opportunities and investments as well as the chance of recruiting the best new employees.

Why should businesses pay attention to human rights? ›

Businesses associated with human rights harm experience financial, legal, reputational and stakeholder relations risks. On the other hand, companies that get it right sustain their social license to operate, build up their brand and support communities' well-being.

Why should business respect human rights? ›

Respect for human rights improves relations with local civil society. A good human rights record enhances brand value and trust. Respecting human rights reduces regulatory risks. Human rights are key to responsible supply chain management.

What is human rights in your own words? ›

Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life.

What are human rights examples? ›

Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to education.

What is a simple definition of human rights? ›

Human rights are rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status.

How do you deal with human rights in the workplace? ›

If you become aware of employment practices that breach human rights, speak out! Depending on the circumstances, you may be able to make a complaint, or speak with someone within your organisation. If not, contact the Equality or Human Rights Commission within your country for advice.

Why is it important to have employment rights and responsibilities in the workplace? ›

This is important because it gives the employee the right to a guaranteed income and allows employers to manage their budget. It sets out conditions such as employees' responsibilities. The employer can take action, such as dismissal, if an employee is in breach of their contract.

Which businesses have a responsibility to respect human rights under the guiding principles? ›

Commentary The responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of States' abilities and/or willingness to fulfil their own human rights obligations, and does not diminish those obligations.

What are responsibilities of human rights? ›

My responsibility in ensuring the right to human dignity

The right to human dignity places on me the responsibility to: treat people with reverence, respect and dignity. be kind, compassionate and sensitive to every human being, including greeting them warmly and speaking to them courteously.

Videos

1. Business, human rights and conflict-affected regions: towards heightened action
(United Nations Development Programme (UNDP))
2. #RBHRForum2022 National Action Plans: Stocktaking and Charting the Way Forward, 21 September 2022
(Manushya Foundation)
3. African Business and Human Rights Forum – Day 1
(UNDP Business and Human Rights)
4. Human rights and business
(Equality and Human Rights Commission)
5. Workers' Rights and Human Rights
(University of Technology Sydney)
6. The Journey | Thailand's First National Action Plan on Business and Human Rights
(UNDP Business and Human Rights)
Top Articles
Latest Posts
Article information

Author: Velia Krajcik

Last Updated: 11/08/2022

Views: 6303

Rating: 4.3 / 5 (54 voted)

Reviews: 85% of readers found this page helpful

Author information

Name: Velia Krajcik

Birthday: 1996-07-27

Address: 520 Balistreri Mount, South Armand, OR 60528

Phone: +466880739437

Job: Future Retail Associate

Hobby: Polo, Scouting, Worldbuilding, Cosplaying, Photography, Rowing, Nordic skating

Introduction: My name is Velia Krajcik, I am a handsome, clean, lucky, gleaming, magnificent, proud, glorious person who loves writing and wants to share my knowledge and understanding with you.