human Right Law (Right to work: Issues & Challenges)

Human Rights Law
Project on
Right to work: Issues & Challenges

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Table of Contents

S.No

Content

Pages
no.
3-4

1.

Introduction

2.

What does HRL say about RTW

5-7

3.

7-9

4.

UN convention on Right of person with
disability
About employing

5.

RTW for people with disability

6.

RTW: Issues

12-14

7.

RTW: Challenges

15-17

8.

Freedom of Association

18

9.

Other Rights of workers

19

10.

Problem faced by women at workplace

11.

Conclusion

22

12.

References

23

9-10
11

20-21

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INTRODUCTION

Right to work means an opportunity to work as a means to earn livelihood. It has been very
much in prominence in the past and has been dominating the scenario of national and
international political movements based upon its recognition as legal right of the citizens.
It is significant to note that there has never been any trade union movement or a mass political
upheaval demanding right to work as a constitutional guarantee from the respective government
in any part of the world.
As a matter of fact, 'right to work as constitutional guarantee was enshrined in the constitution of
the rest while Soviet Union after Revolution in Russia in 1917.
This was, however, for the first time that state assumed responsibility of providing employment
to its citizens as gesture of social welfare. And this was something very subtle to win over the
people to the Socialist Revolutions.
It was not just a wishful thinking but a practicable proposition in a proletariat state where there
was a completely controlled economy through, socialization of all means of production and state
was in full control of all the sectors of economy.
Under this system, also known as collective ownership of the means of production, there were no
private sectors. Entire economy was split into two sectors-state-owned or the collective and the
cooperative. The latter was mostly in rural or the agricultural sector, side by side with the
collective farming.
Since the economy was completely controlled, there was massive planning covering all spheres
and areas of production. The manpower development and 'employment were interlinked a
correlated to one another. Consequent upon it, there were neither economic crises of over and
under production nor the prices showed any spiral trend. It was also free from any sort of
competition, no evils of monopoly and labour exploitation.
In this economy, there was no room for any discrimination on any ground as right to work was a
fundamental right of the Soviet citizens. Manpower being under completes state control; it was
neither exported nor imported, except under any specific scheme of the government related to
cooperation with friendly countries.
The right to work as guaranteed in the constitution of the west while Union of Soviet Socialist
Republics (USSR) without any discrimination of race, religion, caste and class was, however, not
restricted to the citizens of the respective states.
Any able bodied citizen having required qualifications and fitness for the job could be appointed
to resume duty in any state of the USSR. In all this process it was responsibility of the state to
provide jobs to citizens while citizens were required to get their enlistment in the local bureau.
With a view to making it more amenable and ascertain its tenability for the citizens, state also
evolved such a system of education and training in which the students were free to choose their
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faculties and grow their talents under the patronage of the state. It did not depend upon the
economic status of their parents. Right to work as such was also backed by entire facilities of
acquiring qualifications on part of state.
The ideal of a welfare state has always been in hot pursuit of the political thinkers in the past.
But it has remained just a wishful thinking or a utopia that could never be visualized. Because, it
was not practicable and there was no systematic approach to realize it also.
Moreover, the concept of the social welfare was also not so clear and class character of the
society and state was also not as much realized earlier than the founders of the scientific
socialism and revolution of 1917 in Russia. And this was visualized in 'right to work' as
enshrined in the constitution of the erstwhile USSR. Social welfare in real terms was realized by
successful enforcement of this right by the Soviet government.
Under the new world order based on criteria of free trade, there is no room for right to work.
Instead, there is stress for improved conditions of the work-obviously to dispense with the risk of
labour unrest and its adverse effects on production. As such, under this system, nations may
prosper in collaboration of multinational companies but not the 'have- notes.' Because, for the
latter, it is recognition have right to work to bestow real welfare upon them and nothing else.

Abstract
Should a state adopt a Right to Work law? This question has been and continues to be hotly
contested. In brief, Right to Work laws prohibit unions from including certain types of union
security clauses in their contracts with companies that effectively force the company to make
their employees either join the union or at least pay a proportion of their union dues as a
condition of employment. Proponents of Right to Work laws point to research that says Right to
Work laws have a positive effect on states that adopt them while opponents of Right to Work
laws do just the opposite.
The purpose of this paper is to sift through the great deal of research currently available to decide
whether a state should adopt a Right to Work law. To make this decision, this paper primarily
focuses on how Right to Work laws affect a state’s people: their wages, their employment levels,
their morality, their unions, and their wealth. In examining the moral issues associated with
Right to Work laws, this paper looks at both the “forced union dues” problem and the “free
rider” problem.
After weighing the pros and cons of Right to Work laws this paper finally concludes that Right
to Work laws are a net benefit to a state and should be adopted because the benefits to a state’s
people outweigh the costs: Right to Work laws create jobs and spur economic activity and is
significant.

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WHAT DOES HUMAN RIGHTS LAW SAY ABOUT THE RIGHT TO
WORK?
The right to work is addressed in a variety of human rights law instruments. For example,
the Universal Declaration of Human Rights (UDHR) discusses the right to work in Article 23,
addressing such issues as freedom of choice in employment, fair pay, equal pay for equal work,
and the right to form and join trade unions. The International Covenant on Civil and Political
Rights (ICCPR) also contains provisions relevant to the right to work in Article 8, which focuses
on the right of everyone not to be held in slavery or servitude, as well as to be free from forced or
compulsory labor except in certain limited circumstances.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) elaborates
further on the right to work, with three articles addressing related issues, including:
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Article 6 - affirming the right to work and calling on governments to achieve its
realization through policies and practices that safeguard "fundamental political and
economic freedoms to the individual";
Article 7 - addressing the right of everyone to "just and favourable conditions of work,"
including safe and healthy working conditions, fair wages, equal opportunity for
promotion subject to seniority and competence, and rest and leisure time;
Article 8 - addressing the right of everyone to form and join trade unions, and the rights
of trade unions to function freely subject only to those restrictions necessary in a
democratic society to preserve public order or protect the rights and freedoms of others.

General Comment No. 5 of the Committee on Economic, Social and Cultural Rights (the
treaty body responsible for monitoring implementation of the ICESCR) addresses some of the
barriers faced by people with disabilities in fully enjoying the right to work under the ICESCR,
such as the pervasiveness of disability-based discrimination in the employment field, the limited
and often substandard employment options available to people with disabilities, and the barriers
to work resulting from lack of enjoyment of other human rights, such as access to transportation
to get to work. It also notes the need for governments to ensure that people with disabilities can
fully enjoy their trade union-related rights, and to regularly consult with organizations of persons
with disabilities on employment and other matters.
Article 32 of the Convention on the Rights of the Child (CRC) recognizes the right of all
children to be free from economic exploitation and any work that might interfere with their
education, or that would be harmful to their "health or physical, mental, spiritual, moral or social
development." In addition, it requires States to establish a minimum age (or minimum ages) for
employment, to regulate the hours and conditions of employment, and to ensure the use of
penalties or other sanctions in order to enforce Article 32.
The 1993 UN Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (Standard Rules) addresses a number of issues that can impact the ability of people
with disabilities to enjoy the right to work, including:

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Awareness-raising of the rights, needs, potential and contributions of people with
disabilities in society (Rule 1);
Rehabilitation (Rule 3);
Support services to promote independence and facilitate the exercise of rights by people
with disabilities (Rule 4);
Physical, informational and communication accessibility (Rule 5);
Education (Rule 6);
Employment (Rule 7);
Personnel training (Rule 19).5

The Convention on the Rights of Persons with Disabilities (CRPD) expands upon the issues
addressed in earlier human rights documents and helps to clarify how States can respect, protect
and fulfill the right to work. Because of the interrelated, interdependent and indivisible nature
of human rights, many articles in the CRPD can be considered relevant to the enjoyment of this
right. However, Article 27 specifically focuses on the right to work.
Quite a lengthy article, Article 27 contains two subsections. The first and longest of these
expressly recognizes the right of persons with disabilities to work on an equal basis with others,
including the right to the opportunity to gain a living by work freely chosen or accepted. It
further states that the right to work should be enjoyed in a "labour market and work environment
that is open, inclusive and accessible to persons with disabilities." Article 27(1) then goes on to
address some of the specific steps that States should take in promoting the realization of the right
to work by people with disabilities, including:
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Prohibiting discrimination on the basis of disability regarding all areas and forms of
employment;
Protecting the right to just and favourable conditions of work, including through equal
pay for equal work, safe and healthy working conditions, protection from harassment,
and resolution of complaints;
Ensuring that people with disabilities can exercise their labour and trade union rights on
an equal basis with others;
Enabling access to general technical and vocational guidance programmes and other
placement and training services;
Promoting employment opportunities and career advancement for people with disabilities
and providing assistance in finding, obtaining, maintaining and returning to employment;
Promoting opportunities for self-employment, entrepreneurship, developing cooperatives
and business start-up;
Employing people with disabilities in the public sector;
Promoting employment in the private sector through affirmative action, incentives and
other appropriate policies and measures;
Ensuring provision of reasonable accommodation in the workplace;
Promoting work experience for people with disabilities in the open labour market; and
Promoting vocational and professional rehabilitation, job retention and return-to-work
programmes.

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Although much shorter, Article 27(2) is an important provision addressing the issue of
exploitative labor. It requires States to ensure that people with disabilities are not held in slavery
or servitude and are protected on an equal basis with others from forced or compulsory labour.
States must respect the right work by ensuring that State actors such as government officials do
not interfere with the exercise and enjoyment of the right by people with disabilities. States must
also protect the right by ensuring that non-State actors, such as businesses and trade unions, do
not interfere with the exercise and enjoyment of the right. Furthermore, States have an obligation
to fulfill the right by taking action (such as the steps outlined in Article 27(1)) to ensure that
people with disabilities are able to exercise the right. In short, international human rights law
strongly supports the right of people with disabilities to work, not only as a right in itself, but so
that people with disabilities may better enjoy their other human rights and fully assume their
responsibilities as members of society and contribute to that society.

UN Convention on the Rights of Persons with Disabilities
Article 27: Work and employment
1. States Parties recognize the right of persons with disabilities to work on an equal
basis with others; this includes the right to the opportunity to gain a living by work freely
chosen or accepted in a labour market and work environment that is open, inclusive
and accessible to persons with disabilities. States Parties shall safeguard and promote
the realization of the right to work, including for those who acquire a disability during
the course of employment, by taking appropriate steps, including through
legislation,to,inter alia:
a. Prohibit discrimination on the basis of disability with regard to all matters
concerning all forms of employment, including conditions of recruitment, hiring
and employment, continuance of employment, career advancement and safe and
healthy working conditions;
b. Protect the rights of persons with disabilities, on an equal basis with others, to
just and favourable conditions of work, including equal opportunities and equal
remuneration for work of equal value, safe and healthy working conditions,
including protection from harassment, and the redress of grievances;

Ensure that persons with disabilities are able to exercise their labour and trade Article 27: Work
and employment
1. States Parties recognize the right of persons with disabilities to work on an equal
basis with others; this includes the right to the opportunity to gain a living by work freely
chosen or accepted in a labour market and work environment that is open, inclusive
and accessible to persons with disabilities. States Parties shall safeguard and promote
the realization of the right to work, including for those who acquire a disability during
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the course of employment, by taking appropriate steps, including through
legislation,to,inter alia:
a. Prohibit discrimination on the basis of disability with regard to all matters
concerning all forms of employment, including conditions of recruitment, hiring
and employment, continuance of employment, career advancement and safe and
healthy working conditions;
b. Protect the rights of persons with disabilities, on an equal basis with others, to
just and favourable conditions of work, including equal opportunities and equal
remuneration for work of equal value, safe and healthy working conditions,
including protection from harassment, and the redress of grievances;
c. Ensure that persons with disabilities are able to exercise their labour and trade
union rights on an equal basis with others;
d. Enable persons with disabilities to have effective access to general technical and
vocational guidance programmes, placement services, and vocational and
continuing training;
e. Promote employment opportunities and career advancement for persons
with disabilities in the labour market, as well as assistance in finding, obtaining,
maintaining and returning to employment;
f. Promote opportunities for self-employment, entrepreneurship, the development of
cooperatives and starting one's own business;
g. Employ persons with disabilities in the public sector;
h. Promote the employment of persons with disabilities in the private sector
through appropriate policies and measures, which may include affirmative action
programmes, incentives and other measures;
i. Ensure that reasonable accommodation is provided to persons with disabilities in
the workplace;
j. Promote the acquisition by persons with disabilities of work experience in the
open
labour market;
k. Promote vocational and professional rehabilitation, job retention and return-towork
programmes for persons with disabilities.

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l. States Parties shall ensure that persons with disabilities are not held in slavery or
in servitude, and are protected, on an equal basis with others, from forced or
compulsory labour.

GETTING STARTED: THINKING ABOUT WORK AND EMPLOYMENT

The phrase "right to work" can be misleading. Just as the "right to health" cannot guarantee that a
person will be healthy, the right to work cannot guarantee all people of working age a job. No
government can realistically guarantee such a right. Instead, the "right to work" encompasses the
right of all people to the opportunity to earn a living by freely choosing or accepting work, and to
undertake that work in safe and favourable working conditions. The right to work also includes
the right to form and join trade unions, through which people can protect their interests and
advocate for safe and favourable working conditions.
Unfortunately, people with disabilities have frequently been denied the right to work. Attitudes
and assumptions about the capabilities of people with disabilities often lead employers to the
false assumption that a person's disability makes him or her less capable, and so disqualifies him
or her from being able to perform work-related tasks. This misconception causes people with
disabilities not to be hired, or to be hired only for jobs that do not utilize their knowledge and
skills. Similar attitudes lead employers to believe that some employees with disabilities,
especially those with psycho-social disabilities, may be "dangerous" to themselves or others in
the workplace or that customers will be offended or feel uncomfortable by the presence of
persons with disabilities. Employers also often assume that the costs of implementing disability
accommodations (such as accessibility features or flexible working schedules) are prohibitively
expensive. Some employers use this rationale to pay their employees with disabilities a lower
salary than that received by others doing comparable work. In more extreme cases, people with
disabilities may find themselves forced into abusive, exploitative, slave-labour, or other unsafe
working conditions, perhaps with no pay at all. Alternatively, people with disabilities are denied
opportunities to work in mainstream settings, and may have to work in a segregated setting when
they might not otherwise choose to do so.
Collectively these attitudes and assumptions result in many people with disabilities being denied
the enjoyment of their right to work at any and all stages of the employment cycle, including
initial hiring, continuing employment, and career advancement. Furthermore, the subtle and
insidious nature of discrimination on the basis of disability in workplace settings can make it
extremely difficult for people with disabilities to challenge the violation of their rights. For
example, many employers will not openly state that a person’s disability is the reason they have
failed to hire a person or have terminated a person’s employment. They might, for example, say
that they preferred other applicants. Gathering the evidence needed to challenge such
discrimination may prove almost impossible.

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Violations of other human rights can create additional barriers to people with disabilities being
able to fully enjoy their right to work. For example:
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The lack of accessible transportation may deprive people with disabilities of their ability
to access places of employment;
The lack of access to education and to access vocational and other training opportunities
may leave people with disabilities unable to meet specific job qualifications, and may
also restrict their earnings potential;
The lack of opportunity to live independently and in the community may force people
with disabilities to live in segregated institutional settings, where access to meaningful
work opportunities may be non-existent or greatly restricted;
The lack of access to health care services may leave people with disabilities in poor
health and as a result unable to work; and
The lack of access to information may make it difficult for people with disabilities to
become aware of job postings and other information about potential employment.

Violations of the right to work may also lead to violations of the enjoyment of other human
rights by people with disabilities. For example, a disabled person who is unable to work and earn
a fair wage may be unable to attain an adequate standard of living. This circumstance, in turn,
may force that person to become dependent upon others, restricting choices and curtailing the
ability to live independently in the community. In many cases, people with disabilities who are
unable to financially support themselves can become trapped in a cycle of poverty, and unable to
meet even their most basic needs for food, water, clothing, and shelter, or indeed raise a family
as they would wish. In some countries employment provides a means of accessing the health
insurance needed to obtain health care services. Where people with disabilities are unable to
obtain employment in such countries, their access to health care services may also be restricted.
Perhaps the most far-reaching impact of the denial of the right to work is on a person's sense of
dignity and self-worth. In many societies, the ability to work is commonly viewed as one of the
most important ways in which people can make their individual contributions to society, and
those perceived as unable or unwilling to work may be viewed as less valuable members of that
society, especially when their inability to earn a living causes them to become reliant on the
support of the government or others. Thus, full enjoyment of the right to work can be of critical
importance in the full inclusion of people with disabilities as equal members of the societies in
which they live, as well as in the self-image and sense of self-worth that people with disabilities
have of themselves.

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The Right to Work for People with Disabilities and the International
Labour Organisation

The International Labour Organization (ILO) is the global body mandated to oversee the
development and monitoring of international labour standards that promote the development and
monitoring of international labour standards that promote
enjoyment of decent work. Founded in 1919, it became the first specialized agency
of the United Nations in 1946. The ILO is unique amongst UN agencies for its
use of a "tripartite" system that brings together representatives of governments,
employers, and workers to develop jointly policies and programmes.
Although the ILO works to promote decent work for all people, it also pays specific
attention to the enjoyment of the right to work by specific groups of people, such
as young persons, women, indigenous peoples, and people with disabilities. In
addition to its adoption of Convention 159 (concerning Vocational Rehabilitation
and Employment (Disabled Persons)) and its "Vocational Rehabilitation and
Employment (Disabled Persons) Recommendation (No. 168)," the ILO also
operates the "ILO Disability Programme":
The ILO Disability Programme promotes decent work for women and men with
disabilities and facilitates means to overcome the obstacles preventing people with
disabilities from full participation in the labour markets. Working from the Infocus
Programme on Skills, Knowledge and Employability, the programme involves the
following main activities:
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Improving knowledge on disability-related matters concerning training and
employment;
Advocacy, guidance and policy advice to governments, workers and
employers' organizations on training and organizations of/for people with
disabilities;

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Right to work: Issues
1. Employees and Right to Work Laws: Wages
Key Question: What effect does Right to Work laws have on people’s wages?
THEORETICAL EFFECT ON WAGES:
The effect of RTW laws on wage levels is ambiguous from an economic point of view. RTW
Laws’ effect on wage levels is ambiguous, because unions’ effect on the average wage level is
also ambiguous, and RTW laws mainly affect wages because they affect unions. Unions have an
effect on the wages paid to both the union employees and the non-union employees in an
economy, but their net effect is unclear, because while they increase the wages of the union
workers, they decrease the wages of the non-union workers, because it is not known which effect
dominates: “In the usual equilibrium models of the supply and demand for union services,
increases in the union wage reduce employment in the union sector causing spillover increases in
employment and decreases in wages in the nonunion sector”

NOMINAL WAGES EVIDENCE:
Opponents of RTW like to point out that the average wage in RTW states is lower than the
average wage in non-RTW states. For example, on the issue section of AFL-CIO’s website, they
cite the Bureau of Labor Statistics, 2001: “The average worker in a ‘right to work’ state earns
about $5,333 less a year than workers in other states” (“RTW States Are”). Proponents of RTW
do not dispute the above statistic, but suggest that the statistic is overly simplistic, manipulative
and misleading.
On a nominal basis, wages are lower in RTW states, but proponents argue, and this paper
confirms, that once the above statistic is adjusted for cost of living, real spending power is at
least the same and perhaps higher in RTW states. For example, when the National Institute for
Cooper 10 Labor Relations Research used The Economist Magazine’s data to adjust the poverty
rate in 2001 for cost of living they found that this adjusted rate was 10.8% in states with RTW
laws as compared to 12.9% for non-RTW states (“Independent Study”). Now we will turn out
attention to other studies of the 1970’s, 1980’s and 1990’s which look at the wage issue and
adjust for differences in cost of living.

REVIEW OF PAST STUDIES:
Professor Jefferson Moore, chaired economics professor from Louisiana State University,
arguably completed the most substantial review of RTW literature to date in a 1998 paper
entitled “The Determinants and Effects of Right-to-Work laws” which was published in the
Journal of Labor Research. He reviewed studies whose outcomes were both favorable and
unfavorable to RTW laws. Here are some of his reviewed studies’ wage findings:
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2. Employees and Right to Work Laws: Employment Levels
Key Question: What effect does Right to Work laws have on employment levels?

JOB CREATION:
The effect of RTW laws on levels of an employment in a state is a particularly salient issue, and
deserves a great deal of attention. This section examines unemployment rates, poverty levels,
overall job creation, and manufacturing job creation.
Unemployment and Poverty Levels:
The Mackinac Center for Public Policy’s 2001 RTW study, which compared the employment
rates in RTW and non-RTW states, found that “from 1978 through 2000, average annual
unemployment was 0.5 percent lower in RTW states” (Wilson). Moreover, they found that
“unemployment in Michigan was 2.3 percent higher than in RTW states”. Obviously, this does
not prove causation, but from unemployment data alone it appears that states that have adopted
RTW laws may fair slightly better, and Michigan is among the worst.
The Mackinac Center for Public Policy’s study also examined the percentage of families living
below the poverty line. Of particular interest was their finding that from 1969 through 2000 the
only states to see this rate rise were all non-RTW states. In total seven non-RTW states had their
poverty rate increase with Michigan’s rate of increase being 0.6%. Again, this does not prove
causation, but from poverty rate data it looks like states that have adopted RTW laws fair better
and Michigan is again among the worst.

3. Companies and Right to Work Laws: Stockholder Wealth
Key Question: What effect does Right to Work laws have on the stocks of Companies in a state
that chooses to adopt a Right to Work law?

RTW LAWS AND STOCKHOLDER WEALTH:
The stock market is no longer a place where just the rich invest their money. In the 21 st century
more and more Americans are counting on stock performance to fund their retirements: In 2003
half of all Americans are invested in the stock market (“Politics as Warfare”). Therefore, if the
stocks of companies in a state benefit from adopting RTW laws, a state’s citizens—who invest a
disproportionate amount of their money within their own state—also benefit from the adoption
of RTW laws. For this reason, this paper now focuses on a unique and fascinating study of this
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topic published by the Southern Economic Journal in 2000. The study looked at the stocks of
businesses from Louisiana (1976) and Idaho (1985- 1986) before and after each state passed its
RTW law. They studied only businesses that were listed on the New York Stock Exchange, the
American Stock Exchange, or the NASDAQ and only businesses whose activities were limited
to Louisiana and Idaho respectively. They also set up control groups from different states that
were similarly situated to the businesses selected in each respective state.

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RIGHT TO WORK: CHALLENGES

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CHALLENGE 1: DISCRIMINATION AT WORK PLACE

The second Global Report on discrimination under the follow-up to the ILO Declaration on
Fundamental Principles and Rights at Work examines emerging issues in patterns of workplace
discrimination and inequalities and recent policy responses, and outlines the ILO’s experience
and achievements to date and the challenges it faces. It points to the need for better enforcement
of legislation against discrimination, as well as non-regulatory initiatives by governments and
enterprises, and equipping the social partners to be more effective in making equality a reality at
the workplace. The Report puts forward other proposals for future action, including making
equality a mainstream objective of the ILO’s Decent Work Country Programmes.
The Global Report describes major advances in the struggle against discrimination,including
progress in ratification of related ILO Conventions, as well as improvements on the national
legal and institutional fronts, and action plans and programmes to combat inequalities stemming
from discrimination.
It also identifies challenges such as weak law enforcement, lack of resources among bodies set
up to fight discrimination, plans that are too narrow in scope and programmes too short in
duration, and the informal economy as one area where equality-enhancing policies face
particular difficulties in making an impact.

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CHALLENGE 2: LABOUR MIGRATION

Across the world, millions of people are on the move - doing jobs ranging from menial labour
such as harvesting to computer programming. Combined, their numbers would equal the fifth
most populous country on the planet. The number of migrants crossing borders in search of
employment and human security is expected to increase rapidly in the coming decades due to the
failure of globalization to provide jobs and economic opportunities. The ILO sees today’s global
challenge as forging the policies and the resources to better manage labour migration so that it
contributes positively to the growth and development of both home and host societies, as well as
to the well being of the migrants themselves. In 2004, the International Labour Conference of the
ILO adopted a Multilateral Framework on Labour Migration which is part of a plan of action for
migrant workers agreed by ILO constituents. The Framework is part of an ILO plan of action
which aims at better managing labour migration so that it contributes positively to the growth

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and development of both home and host societies, as well as to the well being of the migrants
themselves.

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CHALLENGE 3: EMPLOYMENT SECURITY

Policymakers are facing the crucial challenge of regulating a rapidly evolving labour market in
the context of the globalized economy. Will they listen to calls made for greater flexibility to
overcome what have often been characterized as labour market rigidities: employment protection
and legislation, union bargaining power, generous welfare systems and high labour taxation? Or
can they place their trust in a "flexicurity" model: new ways of balancing flexibility and security
in relation to employment, income and social protection? The ILO encourages a "flexicurity"
approach which requires, but also promotes, high employment rates. Without competitive
enterprises which are able to adjust their workforces to market conditions, employment
performance will be poor. However, high levels of labour market flexibility per se cannot solve
the unemployment problem, unless workers enjoy sufficient employment and income security,
through intensive re-employment assistance, active labour market programmes and income
support, to motivate them to accept higher mobility and flexibility, and facilitate their adaptation.
Dialogue between governments, workers and employers on policy choices is the foundation of
the "flexicurity" approach.
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CHALLENGE 4: LACK OF OPPORTUNITY

High rates of youth unemployment represent both widespread personal misfortune for
individuals and a lost opportunity for critical national and global economic development.
Unemployment in youth has been shown to have lifelong effects on income and employment
stability, because affected young people start out with weaker early-career credentials, and show
lower confidence and resilience in dealing with labor market opportunities and setbacks over the
course of their working lives.The recent economic crisis has had a disproportionate – and
disproportionately long-term – effect on young people. According to the ILO’s Global
Employment Trends for Youth, 2011 Update (www.ilo.org), the global youth unemployment rate
rose from 11.8 to 12.7 percent between 2008 and 2009, the largest one-year increase on record.
In the ten years from 1998 and 2008, youth unemployment increased by a total of 0.2 percent, or
about 100,000 persons per year; but from 2008 to 2009 it increased by 5.3%, or 4.5 million
persons, in a single year. By the end of 2010, an estimated 75.8 million young people were
unemployed (UN, “World Youth Report,” 2012).

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The chart depicts income growth in RTW and non-RTW states between 1977 and 2008

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Freedom of association and the right to collective bargaining

The right of workers and employers to form and join organizations of their own choosing is an
integral part of a free and open society. In many cases, these organizations have played a
significant role in their countries’ democratic transformation. From advising governments on
labour legislation to providing education and training for trade unions and employer groups, the
ILO is regularly engaged in promoting freedom of association. The ILO’s Committee on
Freedom of Association was set up in 1951 to examine violations of workers’ and employers’
organizing rights. The committee is tripartite and handles complaints in ILO Member States
whether or not they have ratified freedom of association conventions. Through the Committee on
Freedom of Association and other supervisory mechanisms, the ILO has frequently defended
rights of trade unions and employers’ organizations.

Page | 18

Other Rights of workers
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iv.
v.
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ii.
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vi.
vii.

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ii.
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iv.
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Provide the right workplace facilities
One must protect the safety and health of everyone in your workplace,
Including people with disabilities, and provide welfare facilities for the employees.
Welfare facilities:
For the employees' well-being you need to provide:
toilets and hand basins, with soap and towels or a hand-dryer;
drinking water;
A place to store clothing (and somewhere to change if special clothing is worn for work);
Somewhere to rest and eat meals.

Health issues
To have a healthy working environment, make sure there is:
good ventilation – a supply of fresh, clean air drawn from outside or a ventilation system;
a reasonable working temperature (usually at least 16°C, or 13°C for strenuous work,
unless other laws require lower temperatures);
lighting suitable for the work being carried out;
enough room space and suitable workstations and seating;
A clean workplace with appropriate waste containers.
First Aid.

Safety issues:
To keep your workplace safe you must:
properly maintain your premises and work equipment;
keep floors and traffic routes free from obstruction;
have windows that can be opened and also cleaned safely;
Make sure that any transparent (eg glass) doors or walls are protected or made of safety
material.

Page | 19

Problems Faced by Women at Workplace

Women excel in all fields including space exploration and rocket science. Women play a vital
role in economic development of the country and their contribution is nothing short of their male
counterparts. However there are still several issues and problems that women face today.
Sometimes, they are not treated equally in their workplace and are considered as inferior to their
male co-workers. In some cases they do not get the same benefits as that of a male employee.
The major issues and problems that women face in their work places includes unequal pay,
security, sexual harassment, lack of proper family support, deficient maternity leave, etc.
Problems Faced by Women at Workplace
Sexual Harassment
It is a major issue that women face at their workplace and many women fall victim of sexual
harassment at workplace. At times employers try to take sexual favors from women employee in
return of other benefits and promotions. It can be classified into various categories like
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Physical contact and advances
Showing pornography
A demand or request for sexual favors
Any other unwelcome physical, verbal or non-verbal activities (like whistling, obscene jokes,
comments about physical appearances, threats, innuendos, gender based derogatory remarks
etc.)

Unequal Pay
It is another issue that women face at their workplace. Even though, women prove to be more
efficient than male employees most of the time, they are not paid equally.
Lack of Family Support
Lack of proper family support is another issue that working women suffers from. At times, the
family doesn't support women to leave the household work and go to office. They also resist for
women working till late in office which also hampers the performance of the women and this
also affects their promotion.
Poor Security
It is another major issue that women face in the workplaces. Women working in BPO sector
mostly fall victim of various crimes at workplace and this is due to lack of security provided to
Page | 20

the employees. There are many cases that has been registered where women working at BPO
sector have become victims of sexual abuses and rapes while going back home and this is due to
lack of proper security.
Insufficient Maternity Leaves
Insufficient maternity leave is another major issue that is faced by a working mother. This not
only affects the performance of women employees at work, but is also detrimental to their
personal lives.
Consequences of Problems Faced by Women
Due to the various problems faced by women at workplace, an organization may have to face
bad consequences of the same. Some of these are mentioned below:
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Increased absenteeism and dropout rates
Reduced efficiency
Additional costs of recruitment & training on resignation
Damage to image in the market
Lawsuits and high legal costs involving court fees, settlements, etc

Page | 21

human Right Law (Right to work: Issues & Challenges)

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