HANDBOOK ON WORKERS' RIGHTS IN THE GLOBAL ECONOMY
Why we wrote this Handbook
All workers have rights. With this Handbook, Women Working Worldwide
aims to help people to understand our rights as workers so that
we can protect ourselves against abuse. We hope that you can use
this booklet in your daily lives.
We have also produced a smaller Pocket
Guide to Workers' Rights. This gives a more basic introduction
into what our rights are and how we can struggle to get them respected.
This Handbook builds on the information that is in the Pocket Guide,
giving more detail and examples.
Women Working Worldwide believes that it is important to know what
our rights are and how we can work together to defend them. We live
in a competitive global economy where many employers and governments
ignore their duty to respect the rights of workers. Many companies
move from place to place, from country to country, seeking out situations
where they can violate workers' rights to keep down labour costs.
Every year there are workers who die or are thrown in jail for trying
to defend workers' rights.
All workers everywhere do have rights, including homeworkers, domestic
workers and migrant workers, as well as workers in factories, offices
and plantations. This is laid down at international level and in
many national laws. The problem we face is how to claim these rights.
The worldwide labour and trade union movement works to defend workers'
rights. There is also a growing movement of consumer activists who
support workers' rights. Under pressure from an alliance of workers
and consumers, even some companies are saying that they will respect
workers' rights.
Globalisation offers ordinary people new opportunities to defend
our rights. More than ever before we can exchange information, learn
from each other, and build common strategies across international
borders. There are many, many examples of how this is happening.
Joint campaigns by workers and community activists, locally and
internationally, are bringing great pressure on companies and governments
to respect our rights.
This Handbook contains:
- What our rights are
- How workers are fighting for workers' rights
- Our rights in law
- International workers' rights
- Consumers and workers' rights
- Company codes of conduct
- What we can do.
Written by Celia Mather and Rohini Hensman for
WWW. March 2000
Cartoons by Gemma Parker
Copyright of this Handbook is owned by Women Working Worldwide.
You are welcome to photocopy or quote from the pack so long as Women
Working Worldwide is credited.
Produced as part of a project supported by the National Lotteries
Charity Board (UK), the European Commission, Fondation des Droits
de l'Homme au Travail, Trocaire, CAFOD, Wainwright Trust and War
on Want. WWW thanks these organisations for their support.
WORKERS' RIGHTS IN THE GLOBAL ECONOMY
Workers everywhere have rights. Whether we are homeworkers, or
work in a workshop, in a factory, or in a field, all of us have
rights.
All governments in the United Nations have agreed that:
- All human beings are born free and equal in dignity and rights.
- Everyone has the right to life, liberty and security of person.
- No-one shall be held in slavery or servitude.
- No-one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Workers' rights are human rights and it is the fundamental right
of everyone:
- To have just and favourable conditions of work.
- To get equal pay for equal work, and suffer no discrimination.
- To get just and favourable pay, giving the worker and his/her
family "an existence worthy of dignity".
- To form and to join trade unions to protect our interests.
- To have rest and leisure, reasonable working hours and paid
holidays.
(United Nations Universal Declaration of Human
Rights. Articles 1, 3, 4, 5, 7, 23 and 24)
Many other workplace rights have been recognised too, such as:
- The workplace must be safe and healthy.
- Workers must not face discrimination.
- Workers have the right to have and care for children at the
same time as being a worker.
Some rights are laid down at international level, agreed by governments.
Some rights are laid down in the laws of countries. Some rights
are not yet recognised in law, even though workers think they should
be.
All over the world, workers face many difficulties in claiming
their rights. Many governments and employers refuse to recognise
that workers have rights. But if anyone says "You workers,
you don't have rights", tell them " Oh yes we do! "
In this Handbook, we are mainly looking at workplace rights and
how they can be claimed. But there are many, many other rights recognised
at international as well as national level. There are women's rights,
nationality rights, rights to equal access to the law, rights to
have a say in the way that society is run, and many more. Organised
workers are often at the forefront of fighting for these wider rights
too.
| Fundamental Rights in Southern Africa
In 1992, the trade unions of Southern Africa drew up a 'Social
Charter of Fundamental Rights'. They included workplace rights
and also wider rights for a say in the future development
of their region for the benefit of all.
They called on all the governments of the region to bring
in uniform laws that reflect what is in the Charter, so that
the workers in one country cannot be played off against another.
Most governments in the region paid only lip-service to the
workers' demands, however. The trade unions needed to struggle
hard to give the Charter life.
The Charter says:
We in the labour movement demand:
- Basic human and trade union rights: to strike, to organise,
to form independent unions.
- Implementation of ILO Conventions and Standards.
- No discrimination or exploitation in any form.
- The right to job security.
- Minimum living and working conditions respected.
- The right to a healthy and safe environment.
- Uniform laws for full disclosure of company information.
- Independent Labour and Industrial Courts which act speedily.
- No forced retirement without social benefits.
- Rights to negotiation and bargaining at all levels.
- Participation in decision-making about the economy.
- Protection of gender rights.
- The right to education and training.
- A regional body to monitor trade union and basic human
rights and enforce improvements.
- Building of solidarity at regional and international level.
We declare that these objectives are in the best interests
of all the working people in Southern Africa and of our societies
as a whole. As representatives of organised labour in Southern
Africa, we pledge to struggle together for their full implementation."
Southern Africa Trade Union Co-ordination Council (SATUCC),
1992.
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In the globalised economy of today, there is fierce competition
between companies for markets and between countries for investments.
One crucial method by which companies compete is by reducing their
labour costs, and this involves attacking the rights of workers.
Many transnational corporations sub-contract production to local
suppliers as a way of avoiding their responsibilities towards workers.
Meanwhile one of the main ways in which countries compete for investments
is by offering workforces which are not protected by labour legislation.
In the process many governments fail in their duty to respect the
international agreements that they themselves signed.
The impact of this global competition is that workers in one place
are played off against workers in another, driving down the conditions
for all workers. Some see it as a 'race to the bottom'. Forced overtime,
child labour, and very poor health and safety standards underpin
the profitability of many industries. This is happening everywhere,
particularly in the poorest countries.
People who are in work are increasingly in casual rather than secure
jobs, on short-term contracts or no contracts at all. There is a
big growth in putting out work to homeworkers. The Textile, Clothing
and Footwear Union of Australia calculates there are now 15
homeworkers for every one garment worker in a factory in that country.
In this situation, it is very important to work together to defend
and extend our rights.
| A Case of Abuse
Santos Elvira describes the violations of workers' rights
at a Korean factory in Guatemala:
"They treat us like machines. They shout at us. The supervisors
hit us, threaten us. We are there to work only. If you complain,
you are sacked, and sacked without pay. Overtime is not voluntary.
In some cases women have tried to walk out and say, 'No, I
can't. I've got responsibilities at home'. They are physically
dragged back."
|
Workers have many rights, laid down by international agreement
between governments.
Workers have won those rights by fighting for them. Governments
and employers have never just given us our rights. Workers have
always had to struggle for these rights.
We have won those rights by getting together to argue our case.
Together we can put pressure on employers and governments to listen
to our demands. The most significant way for workers to do this
is by forming, joining and taking part in trade unions. When this
is not possible, workers form other types of organisation.
It is one of our basic human rights to build our own organisations,
free from victimisation or harrassment either by employers or by
the government. Yet in some countries unionists can even be killed
or tortured for it. Many workers show great bravery in their struggle
for workers' rights.
It is through our workers' organisations that we can make our case
for better working conditions. We can campaign and bring pressure
on governments to pass labour protection laws. It is another basic
right that trade unions can negotiate with employers. Through negotiation
they can reach Collective Bargaining Agreements to set out agreed
employment conditions.
Workers' organisations also take up wider issues of concern to
workers and our communities. For example, they can argue for an
economy that is run in the interests of the mass of the people rather
than the special interests of a few.
| An Early Struggle Against for Trade Unions
In England, the Combination Acts of 1799 and 1800 made all
trade unions illegal. Instead of preventing workers from organising,
however, these laws merely drove trade unions underground.
Union members were sworn to secrecy and met in very small
groups where they did not know who the officers or all the
other union members were. They made demands through hints
and anonymous notes, and retaliated against stubborn employers
with sabotage and sometimes violence.
Parliament became convinced the Acts were causing more conflict
and repealed the Acts in 1824, along with earlier anti-union
laws. This resulted in a huge upsurge of trade union activity.
The threat that the Acts would be reinstated in 1825 was met
with such massive protests that the attempt was dropped. This
did not end repression of workers' organisations, but it did
mean that trade unions were no longer illegal in England.
|
Ending Discrimination
Not to face discrimination is a fundamental human right. Unfortunately,
discrimination can also exist inside workers' own organisations.
Well-run trade unions are controlled by their members, the workers
who belong to them. So the concerns they take up tend to be the
concerns of the majority or dominant members. This can leave out
others, such as women workers, migrant workers, workers from ethnic
minority groups, or homeworkers, who find their needs sidelined.
They may join the union to fight for their voice to be heard. Or
they may form their own associations to fight for their rights.
However, discrimination violates international principles of human
rights. It therefore cannot be tolerated wherever it exists, including
inside workers' organisations. It also undermines solidarity between
workers and weakens all our activities to claim our rights.
In countries like Australia, Canada and South Africa, there is
growing recognition among the trade unions that they must involve
homeworkers and workers in the so-called 'informal sector', in order
to defend the rights of all workers.
| South African Unions Fight Discrimination
South African trade unions have a long history of struggling
against racial discrimination under the apartheid regime.
Yet they found that discrimination against women was rampant
not only in society and the workplace, but even in the trade
unions themselves.
To combat gender discrimination, the 4th National Congress
of Cosatu (Congress of South African Trade Unions) in 1991
agreed to continue fighting for full social and legal equality
for women in the workplace, in the unions, and in society.
Cosatu agreed to fight for parental rights, including paid
maternity leave, paternity leave, childcare leave and childcare
facilities, plus equal opportunities for promotion and equal
pay for work of equal value. The unions also agreed to encourage
more women workers into union leadership positions.
|
What Can We Do?
- Join a workers' organisation such as a trade union.
- Take an active part in making your organisation stronger
to fight for your rights and the rights of all other workers.
What are Our Rights by Law?
Workers and their organisations have pushed governments in many
countries to pass laws which protect workers. These laws have also
been influenced by international labour and human rights standards,
which we will look at in detail later.
Having these labour laws is a big step forward. They place limits
on the power of employers.
Labour laws vary enormously from one country to another, and so
the legal recognition of workers' rights varies too.
Labour laws usually confirm workers' rights, for example, to:
- Work in safe and healthy conditions
- Be paid at least a minimum wage
- Get paid more for overtime
- Not to be forced to do overtime
- Enjoy paid holidays each year
- Get paid sick leave
- Work at night under controlled conditions
- Have paid maternity leave
- Organise trade unions and negotiate with employers.
Do all workers enjoy the same rights?
Even in countries where labour laws and courts are strong, certain
workers can be denied their rights. Workers in small workshops are
often not seen as having rights.
Free Trade Zones (also called Special Economic Zones or Export-Processing
Zones) are special areas where the government has given certain
promises to attract investors. One such promise is that the country's
labour laws do not apply to workers in the Zone.
Also, some people at work are not recognised as workers. Domestic
workers such as maids, cleaners and gardeners are legally recognised
as workers in only a few countries like South Africa and Canada.
Homeworkers are workers employed by a firm but who work in their
own home. They are also often not recognised as workers under law.
Migrant workers can be made 'illegal' where a country has repressive
immigration laws. This 'illegal' status means that they are also
not legally recognised as workers.
These different forms of discrimination violate international standards.
Enforcing the Law
Campaigning and Education
Many workers do not know what labour laws exist in their country.
It is therefore very important to campaign and educate about labour
laws.
This might mean workers getting together in small study circles
to find out and discuss what labour laws exist at national and international
level, and how to fight for them. It might mean producing posters
and distributing materials (such as the 'Pocket Guide to Workers'
Rights' which accompanies this Handbook). It might also mean using
the press and media as far as possible in your country.
Taking An Employer to Court
In most countries, employers who do not respect labour laws can
be taken to court. There may be industrial courts in your country
which exist especially to hear cases where workers have been illegally
treated by their employers.
Also, if an employer violates a Collective Bargaining Agreement,
the trade union can take the employer to court.
In some countries, it is extremely difficult and/or costly to exercise
this right to take an employer to court. Even in the most repressive
countries, however, there can be trade unions and human rights lawyers
who will help workers.
What Can We Do?
- Find out what labour laws exist in your own country.
- Campaign so that the labour laws apply to all workers.
- Encourage widespread education and campaigning on workers' rights.
- Think about what other laws you want to fight for.
- Find out what rights exist in your country to take an employer
to court, what the process is, and who will help you to do this.
All Workers Everywhere
All who work have rights, whoever and wherever we are. This has
been laid down at the international level by all governments in
the United Nations and the International Labour Organisation.
The UN has many agreements and covenants which governments have
signed over the years upholding the rights of workers. The most
fundamental is the Universal Declaration of Human Rights, which
has many Articles that confirm the human rights of all workers.
Women's rights are laid down in the Convention on the Elimination
of All Forms of Discrimination against Women (1981).
The UN's declarations are statements of principle. There are no
formal ways of making sure that they are implemented, but they can
be used to bring pressure on governments and employers. The ILO
(see below) does have some, albeit weak, mechanisms to enforce workers'
rights.
International Labour Organisation (ILO)
The ILO was founded in 1919 and is now part of the United Nations.
It is the international organisation that sets standards on international
labour rights and monitors how they are applied.
The ILO is 'tripartite' which means that employers, governments
and trade unions sit down together in the ILO. Most countries of
the world belong to the ILO. It therefore has the most universal
support as a body promoting fundamental human rights at work.
During its long life, the ILO has passed nearly 200 Conventions
(182 by 1999). Conventions are standards that guarantee various
labour rights. Governments of countries that have joined the ILO
are asked to ratify these Conventions. Once ratified, that particular
Convention is binding on the country concerned. The Government is
supposed to pass laws to implement it and report regularly to the
ILO on how it is implementing it. Copies of the government reports
should be circulated to employers' and workers' organisations so
that they too have an opportunity to make their comments.
The ILO also has a similar number of Recommendations. They are
not binding but are guidelines for governments on labour standards.
National union confederations, union federations for particular
branches of industry, regional or local organisations, and even
a union of a plant or plants, all have a right to submit their comments
to the ILO. International trade unions are also entitled to make
comments. Comments and complaints can be made at any time. It is
more difficult but not impossible for other types of workers' organisations
to make complaints to the ILO.
When the ILO receives a complaint about non-implementation of a
ratified Convention, it can request more information or a report
from the government. The government comes under pressure to ensure
the Convention is actually implemented and the workers' rights are
respected. As a result, in thousands of cases there has been real
improvement.
The are many, many cases where ILO Conventions are blatantly violated
by employers and governments, however. Some governments collude
with employers to violate workers' rights.
Unfortunately, the ILO can do very little apart from naming and
shaming governments. If a government is not ashamed of violating
workers' rights, it is likely that these violations will continue.
Trying to pursue millions of violations is an impossible task.
Instead, the ILO concentrates on seven 'Core' Conventions which
are seen as fundamental and apply in all countries, even where a
government does not respect them.
On 18 June 1998, the ILO adopted the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-Up. This confirms that
all member states must implement the ILO's Core Conventions even
if they have not ratified them. This is an important tool for workers
to use.
ILO Core Conventions
| Fundamental Right |
ILO Convention Number |
| The freedom to form and join trade unions. |
87 |
| The right for trade unions to negotiate with employers. |
98 |
| An end to forced labour. |
29 and 105 |
| Minimum age for workers. |
138 |
| An end to discrimination in the workplace. |
100 |
| Equal pay for equal work. |
111 |
The right to organise and bargain collectively
ILO Convention No.87 on the Freedom of Association and Protection
of the Right to Organize (1948)
ILO Convention No.98 on the Right to Organize and Collective Bargaining
(1949)
All workers (except the armed forces and police) have the right
to set up and join the organisation of their choice. The state cannot
interfere with these workers' organisations or suspend or dissolve
them. These organisations have the right to set up and join federations
and confederations, which have the same rights. They all have the
right to affiliate to international organisations of workers. (ILO
Convention No.87)
All workers are protected from anti-union discrimination and victimisation.
Employers must not refuse to employ union members, nor dismiss or
victimise workers for joining a union or taking part in it. Employers
must not interfere with workers' organisations, for example by setting
up employer-dominated unions or trying to control unions. Governments
must support voluntary collective bargaining between employers and
workers' organisations so that collective agreements can be reached
on terms and conditions of employment. (ILO Convention No.98)
These Conventions protect the fundamental right to freedom of association.
The ILO considers them the most basic of the principles underlying
its work because, if workers are free to organise themselves and
bargain collectively, they can win many other rights.
A tripartite Committee on Freedom of Association meets three times
a year to examine complaints, including from workers' organisations,
even against countries that have not ratified these Conventions.
Unfortunately, in many countries, these Conventions are violated.
Workers are not allowed to form or join workers' organisations.
Governments and/or employers interfere in trade unions. Trade union
members are victimised.
It is therefore very important to know that these rights to
form trade unions and bargain collectively with employers are universally
accepted as the fundamental rights of all people at work.
| Indian Workers Use the ILO
In June 1989, Hindustan Lever (a subsidiary of the giant
multinational company Unilever) lifted its year-long lockout
of trade union activists from its factory in Bombay, India.
However, the company continued to victimise the activists.
It transferred them to an isolated warehouse where they could
not have day-to-day contact with their union members.
The Hindustan Lever Employees' Union appealed to the ILO.
After several attempts, the ILO persuaded the Indian Government
to put pressure on Hindustan Lever to end the victimisation.
The union activists were allowed back into the factory.
|
An End to Forced Labour
"No-one shall be held in slavery or servitude".
The Universal Declaration of Human Rights, Article 4.
ILO Convention No.29 on Forced Labour (1930)
ILO Convention No.105 on the Abolition of Forced Labour (1957)
All forms of forced or compulsory labour are banned. (The only
exception is when a government calls up people for an emergency
or for military or public service. In such cases, the workers must
be granted normal wages, working hours and weekly off-days, compensation
for sickness or accidents, and support for their families if they
are disabled or die. The call-up cannot last more than 60 days in
a year.) Compulsory overtime is a form of forced labour and therefore
not allowed. ILO Convention No.29
Debt bondage is banned. This is where workers are advanced money
by an employer and then forced to continue working for that employer
on the excuse that they have not paid back the debt. Bonded labour
can even be passed on to the workers' children. This Convention
says that wages must be paid regularly. It rules out methods of
payment which take away the worker's right to leave or change jobs.
ILO Convention No.105
Forcing someone to work is a violation of that person's human rights.
It also undermines workers' rights in general. If some people can
be forced to work against their will, all workers suffer because
it forces everyone's wages and conditions down.
| ILO Bans Forced Labour in Myanmar (Burma)
In 1999 the ILO Annual Conference took up the problem of
forced labour in Myanmar. Thousands of villagers were being
forced, often by the military, to work for little or no pay
on roads, railways, bridges and farms. Many were children,
sent by their families instead of adults who might earn wages
elsewhere. At the ILO, trade unions, employers and most governments
agreed to bar Myanmar from most ILO activities until it puts
a stop to forced labour.
|
An End to Child Labour
ILO Convention No.138 on the Minimum Age (1973)
ILO Convention No.182 on an end to the worst forms of child labour
(1999)
All governments must have a national policy to ensure the effective
abolition of child labour. The Convention says that in most countries
the minimum age for employment should be 15 years, or 14 years in
less developed countries. ILO Convention No.138
A new Convention on eliminating the worst forms of child labour
was adopted in 1999. Governments must take immediate steps to end
the use of children under 18 years as slaves or bonded labourers,
in prostitution or pornography, in the drugs trade or other criminal
activities, and in other work that harms their health, safety or
morals. The ILO sees these at the first steps towards eliminating
all child labour. ILO Convention No.182
Child labour also violates the UN Convention on the Rights of the
Child (1989) which deals with the human rights of children.
Ending child labour is not a simple issue. Taking children out
of employment requires a lot of time, effort and resources if they
are not to end up in a worse situation such as on the streets. Fair
wages for adults would reduce the need for poor families to send
their children out to work.
In 1998 the Global March Against Child Labour passed through 107
countries to reach Geneva for the annual meeting of the ILO in June.
It was supported by the ILO and 1100 NGOs, trade unions and others,
aimed at raising awareness about child labour and identifying ways
of abolishing it. Both working and school-going children took part,
standing up for the human rights of all children. Now the ILO's
International Programme on the Elimination of Child Labour is trying
to promote effective alternatives to child labour.
An End to Discrimination
Convention No.100 on Equal Remuneration (1951)
Convention No.111 on Discrimination (Employment and Occupation)
(1958)
"All human beings are born free and equal in dignity and rights."
The Universal Declaration of Human Rights (Article 1).
Ever since it was founded, equality of opportunity and treatment
has been at the heart of the ILO.
All governments must have a national policy to eliminate discrimination.
The policy should cover access to employment, training and working
conditions. It should ban discrimination on grounds of race, colour,
gender, religion, political opinion, national extraction, social
origin or anything else. It should promote equality of opportunity
and treatment in employment. Governments must pass laws and organise
educational programmes to promote equality of opportunity and treatment.
In each country there must be a national authority to implement
the policy. ILO Convention No.111
Men and women must get equal pay for work of equal value. This
applies to basic wages or salaries and all other payments, both
direct and indirect. To decide whether work is of equal value there
must be an objective evaluation of the work to be done, without
any discrimination based on gender. ILO Convention No.100
Women's rights are laid down in the Convention on the Elimination
of All Forms of Discrimination against Women (1981). Article 11
says that women workers must have the same opportunities for promotion,
training, job security, pay, sickness benefits and paid leave. No
woman can be dismissed for being pregnant or getting married. Working
conditions for pregnant women must be safe and healthy.
The International Covenant on Economic, Social and Cultural Rights
(1976) also speaks of "equal pay for work of equal value without
distinction of any kind, in particular women being guaranteed conditions
of work not inferior to those enjoyed by men". (Article 7)
Unfortunately, discrimination continues to exist against many different
kinds of workers.
Discrimination against some workers violates the rights of those
individuals. It also undermines the rights of all workers. For example,
if some workers are paid less than others to do the same work, this
undermines the job security of the better-paid workers. Where large
numbers of workers are excluded from the workforce for whatever
reason, this creates a vast pool of workers so desperate that they
may accept work on almost any terms. Discrimination also encourages
division and conflict between workers rather than solidarity.
Some Other Important Rights
International standards cover many other important workers' rights.
Below are just a few.
The right to just and favourable conditions of work
All workers should get "fair wages
a decent living
for themselves and their families", as a minimum, according
to the UN International Covenant on Economic, Social and Cultural
Rights (1976), Article 7. Yet over 1,300 million workers and family
members in the world live in poverty.
A legal minimum wage that is adequate to cover the basic needs
of workers and their families is often called a 'living wage'. Deciding
what the level of this wage should be is not easy. It depends on
many factors such as the local cost of food, clothing and fuel,
whether there is subsidised healthcare, education, housing and social
security benefits, and so on. Unlike other workers' rights, which
are the same everywhere, the living wage will vary from one place
to another. However, it can be estimated, and it is a legitimate
demand for workers and their organisations to make.
The right to a safe and healthy workplace
Employers are responsible for making sure that workplaces are safe
and healthy.
ILO Convention No.155 on Occupational Safety and Health (1981),
ILO Convention No.176 on Safety and Health in Mines (1993) and ILO
Convention No. 174 on the Prevention of Major Accidents (1993) are
among the many ILO standards which deal with this issue.
UN International Covenant on Economic, Social and Cultural Rights
(1976), Article 7, also confirms that all workers have the right
to safe and healthy working conditions.
Equal rights for part-time workers
Part-time workers have the same rights as full-time workers when
it comes to organising trade unions, negotiating with employers,
and acting as workers' representatives. They have the same occupational
safety and health rights. They must not suffer discrimination in
employment and occupation. They must not be paid wages which are
disproportionately lower than the wages of full-time workers.
ILO Convention 175 on Part-Time Work (1994)
Reasonable working hours, weekly days off, and the right to
refuse overtime
All workers have the right to "rest, leisure and reasonable
limitation of working hours and periodic holidays with pay, as well
as remuneration for public holidays". The UN International
Covenant on Economic, Social and Cultural Rights (1976), Article
7.
ILO Convention No.47 on the Forty-Hour Week (1935) sets the standard
working week at 40 hours. Many workers work much longer than this,
leaving inadequate time for the care of the family. Reduced working
hours would also increase job opportunities for more workers.
Overtime beyond statutory working hours should be limited and voluntary.
If overtime is compulsory, it violates the ILO Convention No.29
on Forced Labour.
Workers at night have protection under ILO Convention No.171 on
Night Work (1990).
Parental rights
Marriage, pregnancy or motherhood cannot be a reason for dismissal
or denial of employment. Adequate maternity leave and medical facilities
must be provided.
ILO Convention No.103 on Maternity Protection (Revised) (1952).
During "a reasonable period before and after childbirth
working mothers should be accorded paid leave or leave with adequate
social security benefits".
UN International Covenant on Economic, Social and Cultural Rights
(1976), Article 11.
ILO Convention No.156 on Workers with Family Responsibilities (1981)
recognises the parental rights and responsibilities of fathers as
well as mothers.
Equal rights for homeworkers.
Homeworkers have the same rights as other workers. They can establish
or join organisations of their own choice. They must be protected
against discrimination, and health and safety hazards. They have
rights to pay, social security and maternity protection, and access
to training. ILO Convention No 177 on Home Work (1996)
Homeworkers, the vast majority of whom are women, are one of the
most vulnerable groups of workers. Very often they are not recognised
as workers at all. Employers like to say that labour laws do not
apply to people who work in their own homes. Homeworkers are usually
paid below minimum wages, and do not receive benefits that other
workers are entitled to such as paid holidays and sick leave. Health
hazards result from the work being done at home. Children and babies
can be exposed to dust, hazardous chemicals, sharp objects, etc.
Being scattered, homeworkers find it difficult to organise. There
is often no formal employment contract, and so they can easily be
victimised by being denied work.
It is very important to put pressure on governments to ratify the
Home Work Convention and pass laws to implement it. This will not
only benefit homeworkers, but raise standards for all workers.
Other basic rights?
There are other rights which workers would like to see covered
by ILO Conventions but they are not yet. They include:
A proper employment contract
Victimisation is very easy where there is no employment contract.
This is because employers do not have to give a reason for dismissing
a worker. They may even deny that the worker was employed in the
first place! Yet, until now, workers' rights to a proper employment
contract seem not to be recognised in international standards.
The right to strike
All workers have "the right to strike, provided that it is
exercised in conformity with the laws of the particular country".
This is laid down in the UN International Covenant on Economic,
Social and Cultural Rights (1976), Article 8, but not yet in an
ILO standard.
Freedom from physical and verbal abuse and sexual harassment
Everyone has the right to dignity and freedom from cruel, inhuman
or degrading treatment, according to the UN Universal Declaration
of Human Rights (1948), Article 5. Sexual harrassment should be
included as abuse but this is not spelt out. Also, these rights
seem not to exist in ILO Conventions.
What can we do?
- Get a copy of the United Nations Universal Declaration of
Human Rights and post it up in or near your workplace.
- Campaign so that the labour laws in your country conform
to ILO Core Conventions.
- Press the Government to ratify any other ILO Conventions
that it has not yet.
- Document cases where ILO Core Conventions are being violated,
including in the informal sector and Free Trade Zones. Tell the
ILO about these violations, and ask for its support to implement
them.
- Campaign for a national policy to ensure equality of opportunity
and treatment, and a national authority to implement the policy,
if these do not already exist.
- Find out which trade unions from your country represent you
at the ILO. What are their activities? How can you strengthen
your viewpoint in the ILO?
- Find out what training and education programmes on workers'
rights the ILO is running in your country, and how you can get
involved in them.
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As we have seen, workers worldwide have many rights that are laid
down in the national laws of their own countries and in international
standards. It is workers themselves who have organised and fought
over many years to win these rights.
The problem is not that we have no rights. It is that we face many
difficulties in getting our rights respected. We may even face severe
repression.
Only a minority of the world's workers are able to exercise their
rights. This is not a problem only for workers in poor countries.
It is a global problem, as we have discussed in this Handbook.
This shared experience of globalisation is increasingly bringing
workers together throughout the world. How are workers' organisations
defending workers' rights worldwide?
Solidarity
Solidarity is about workers sharing experiences and giving mutual
support. It can be done locally, regionally and internationally.
Solidarity is especially effective where it links workers in a similar
situation who have common experiences. They may be workers employed
by the same transnational corporation or in the same sector. In
these days of sub-contracting, however, building solidarity can
be very difficult, even though just as important.
One challenge is that still today many workers worldwide do not
think of themselves as working in the global economy. Education
and mobilisation programmes that bring workers in contact with each
other can develop this knowledge, understanding, and mutual solidarity.
Computer communications using e-mail and the Internet are now very
important tools that help workers to learn from each other and build
common strategies across borders.
| Learning from Our Common Struggles
In 1999 an exchange programme for women workers in Export
Processing Zones was started by Asia Monitor Resource Centre
in Hong Kong and the Maquila Solidarity Network in North and
Central America. Women workers' representatives from Mexico,
El Salvador and the Dominican Republic visited Asia. They
found the conditions for Asian workers very similar to their
own. They were impressed by the relatively higher level of
organisation in Asia. Together they are hoping to build more
effective ways of sharing information, particularly on organising
strategies. In the next phase, Asian workers will go to Mexico.
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International Trade Unions
Most trade unions are members of international trade union federations
(known as International Trade Secretariats, or ITSs). These federations
bring together unions in particular industries and sectors. There
is the IUF for food, hotel and plantation workers, the ITGLWF for
garment workers, the ICEM for chemical, energy and mine workers,
the ITF for transport workers, and the PSI for public sector workers,
amongst others.
These ITSs play many different roles. They take part in discussions
in the ILO and elsewhere to improve the standard and application
of workers' rights internationally. They lobby governments where
there is a gross violation of workers' rights. They bring trade
unions together to develop joint strategies in a particular industrial
sector or a particular transnational corporation.
Global Union Agreements
Workers sharing the same employer can benefit a lot from exchanging
information on the company and its global strategies, and planning
jointly how to confront them.
Recently, unions have begun to reach agreements with certain employers,
global agreements which apply to all that company's workers worldwide.
There are still only a few such global agreements as they take a
lot of effort to negotiate with employers. They are not legally
binding as there are no international courts to enforce them. But
unions can be mobilised to support these agreements.
| An International Union Agreement
In April 1996, the food workers' international union, the
IUF, signed an agreement with the French-based food and drinks
company Danone, which operates worldwide. An Information and
Consultation Committee was set up, consisting of representatives
from management and trade unions from all regions where Danone
operates. The Committee negotiates and takes practical measures
on employment, training, workers' access to information, health
and safety and working conditions, gender equality and equal
opportunities, and respect for trade union rights. Their decisions
apply to all Danone workers throughout the world.
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Social Clauses in Trade Agreements
International trade unions are also lobbying for ILO labour standards
to be included in international trade agreements. They argue that
the trade agreements of the World Trade Organisation should benefit
countries which uphold ILO standards, and penalise countries which
do not. They call these clauses in trade agreements, 'social clauses'.
Many governments within the WTO are resisting. Poor countries fear
that the imbalance of power in the WTO means that such clauses could
be used against them. Within the labour movement there is concern
about how these clauses can be made effective.
Unions and Campaigners Get Together
Joint campaigns by workers and community activists, locally and
internationally, are bringing great pressure on companies and governments
to defend workers' rights.
Collaboration between trade unions and community-based campaigns
and NGOs has not always been easy. Trade unions are membership organisations.
Where democracy works well, involving union members, it can take
time for unions to respond. On the other hand, NGOs can act fast
but not be accountable. There are other reasons too that can frustrate
attempts at working together. Nevertheless, this collaboration is
a growing and positive trend.
| International Action against Rio Tinto
Rio Tinto is the largest privately owned mining company in
the world. It operates in more than forty countries and employs
about 52,000 people, mining copper, iron ore, aluminium, coal,
diamonds, gold and uranium. It has been associated with repressive
regimes in Spain, Chile, Indonesia, South Africa and Namibia.
Its pre-tax profit in 1997 was US$1.9 billion.
Workers in countries including Australia, Brazil, Indonesia,
Norway and Portugal have taken action over Rio Tinto's anti-union
policies. Indigenous people, local communities and environmental
groups have protested against the company in all continents,
from Australia to Bolivia, Canada to the Czech Republic.
Since early 1998, the ICEM (International Federation of Chemical,
Energy, Mines and General Workers' Unions) has brought together
a network of unions from many countries with the aim of forcing
Rio Tinto to respect human and trade union rights and environmental
standards. The union network exchanges information on the
company's activities globally, and works with community groups,
environmentalists and others.
In 1999 Rio Tinto faced strong protests at its Annual General
Meetings in Australia and the UK. Trade unionists joined shareholder
activists and community representatives from US native peoples,
Indonesia, Namibia and elsewhere to highlight the company's
links with human rights abuses, its failure to recognise ILO
standards, its alleged environmental destruction, and its
deteriorating record on health and safety.
Rio Tinto has a statement of business practice called 'The
Way We Work', which it has distributed along with a copy of
the UN Universal Declaration of Human Rights. The company
claims to be upholding many international standards. But the
ICEM is not impressed. It even says that "some of the
problems are getting worse".
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| Fighting for the Rights of Homeworkers
Zamured, a homeworker in Britain, describes her conditions
of employment: "We get work from the factory delivered
to us and we finish the garments and give it back within the
time limit they want. We are not in a position to say 'no'.
We don't have any security at all. They've got so many workers
willing to work that they can shift it on to anyone else immediately.
The pay is low and conditions that we work in are very bad.
And they pay us not weekly or monthly, but whenever they want
us to be paid. Homeworkers are exploited very badly."
HomeNet is an international network of organisations for
homeworkers which was set up in 1994. It aims to draw in NGOs,
cooperatives, trade unions, researchers and women's groups,
and to coordinate an international campaign to improve employment
conditions for homeworkers. HomeNet members played a major
role in achieving the ILO HomeWork Convention in 1996 which
sets out the rights of homeworkers.
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What Can We Do?
- Think about how your workplace is linked to other workplaces
in the global economy. What might be your links with workers in
other places and other countries? How can you strengthen these
links and build solidarity?
- Find out if your organisation already links with workers or
trade unions in other countries. How can you be involved in these
activities?
- If you are in a trade union, is it affiliated to an International
Trade Secretariat? If not, find out which ITS deals with your
industry, and discuss in the union whether to affiliate to it.
Consumers Support Workers' Rights
Many people who buy the goods we make, or make use of the services
we provide, also agree that workers must be paid decent wages and
work in good conditions.
In some countries, especially in Europe and North America, some
consumers have been shocked to see the poor conditions of the workers
making their goods. TV programmes showed them how the workers struggled
for their rights but were beaten back by employers and governments.
They noted the huge difference between the prices of the products
in the shops and the miserable wages paid to workers.
Consumer activists began campaigning and asking questions of the
companies which make the goods and the shops which sell them. They
put pressure on the companies by handing out leaflets to shoppers
and doing street theatre. Students have got their universities to
threaten to stop buying goods from companies which treat the workers
badly.
Campaigners say that some of the big profits made by the companies
must be given back to the workers in higher wages and better working
conditions. Companies must stop moving from one place to another
as a way of avoiding treating the workers properly so as to reduce
labour costs.
| Nike Hit by Consumer Campaigners
The giant sportswear company Nike from the USA has become
a big focus for US consumers. They found that Nike was deliberately
getting its production done in countries like Indonesia, China
and Vietnam where labour standards are low because free trade
unions are weak or not allowed at all. Nike and its sub-contractors
could profit by paying workers wages below the legal minimum,
forcing them to do overtime to meet orders, and exposing them
to lung and skin diseases from dust and glues.
The Nike campaigners contrasted the workers' conditions with
the huge advertising budget that Nike has every year. They
found that the cost of just one TV advert for Nike in the
US would upgrade 10,000 Indonesian workers wages to the legal
minimum for one year.
At first Nike said that it was not responsible for what went
on in the factories of its sub-contractors. Later, still under
pressure, Nike changed its tune. It adopted a code of standards
to apply in all its production chain. But it is a weak code
and there was no way of making it stick. Now Nike claims that
its code is monitored by an independent firm that it hires.
In 1999, despite its code of standards, Nike justified the
fact that troops were sent into its supplier factory PT Nikomas
Gemilang in Indonesia. About 23,000 young Indonesians work
there, making 10 million pairs of Nike shoes each year. Campaigners
in Canada issued a leaflet saying, "Would you trust a
company that puts its trust in the Indonesian Army?"
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Companies have come under a lot of pressure from workers and consumers
about the abuse of workers' rights around the world.
At first most companies said that it is none of their business
how workers are treated in far-off countries. But some became scared
that they would suffer from bad publicity and lose sales and investment.
In Britain, an organisation called Christian Aid got its supporters
to use their till slips to put pressure on the supermarkets. They
told store managers, "We want you to improve the conditions
for the workers who make the products you sell. Otherwise we will
shop elsewhere".
So some companies have now adopted Codes of Conduct that say they
will respect certain workers' rights. Some Codes also say how the
company will bring pressure on its sub-contractors and suppliers
to improve workers' conditions.
The companies that have done this are mostly the big retailers
and manufacturers of garments, sportswear, toys and food products.
This is because they are the ones most at risk from consumer pressure.
Company Codes of Conduct usually say there should be no forced
labour or child labour, no physical or mental abuse, and a safe
and healthy working environment. They confirm that companies should
abide by local laws.
A major problem is that workers often do not know that a code exists
for their workplace. They are almost never asked to play a role
in drawing up the codes. So the codes often do not contain the issues
which are most important for workers. For example, a big concern
of women workers is sexual abuse but this is rarely mentioned in
codes. Some workers are often left out altogether, such as homeworkers.
Few company codes refer to workers' rights to organise trade unions.
Nor are workers involved enough in monitoring how their company's
code is being implemented. With many codes it is only up to the
company to make sure it is implemented. There are many examples
where a Code exists but the workers' situation has not improved.
Therefore many workers and consumers worry that Codes can be used
to quieten down public opinion without making any real difference
to the workers.
But in their Codes, companies are agreeing that workers have rights.
If your employer has a Code, you have the right to know about it
and should be asked to help monitor how it is being implemented,
free from victimisation. Maybe you can use the Code to help claim
your rights. There is some evidence from Indonesia, that once workers
found out that a code existed, banning compulsory overtime in their
factory, they were able to mobilise other workers and start to build
a trade union.
The international trade union movement fears that, instead of helping
workers to build trade unions, company codes of conduct could be
used to undermine them. The International Confederation of Free
Trade Unions (ICFTU), which brings together nearly 200 national
trade union centres in 137 countries, has said that :
- All codes must be based on the ILO Core Conventions
- The best people to monitor labour practices are always the workers
concerned through their own trade unions.
The ICFTU has brought out its own Model Code of Labour Practice
for companies, unions and campaigners to follow.
| A Code for All Garment Workers?
The Clean Clothes Campaign is a network in at least ten European
countries with partnerships with workers' organisations in
countries like Bangladesh, Philippines and Indonesia. The
UK section is called 'Labour Behind the Label'.
CCC campaigns to raise consumers' awareness and put pressure
on garment companies. It has drawn up a Code of Labour Practice
based on ILO standards. CCC says that all companies that produce
or sell clothes in the global production chain - whether they
are sub-contractors, suppliers, manufacturers, or retailers
- should respect the Code. All workers should be covered.
The Code should be monitored by an independent body, agreed
between the campaign and the employers. Workers must have
rights to help monitor the Code.
The CCC aims to involve companies but so far only some employer
federations in the Netherlands have agreed to take part.
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What Can We Do?
- Think about who buys the goods you produce, or the services
you supply. How can they support your rights? How can you be in
contact with them?
- Find out if a Code of Conduct applies to your workplace.
It may be that your place of work is supplying goods to a company
that has a code. If so, consider whether you can use the code
to build your trade union.
- Get a copy of the ICFTU Model Code of Labour Practice or
the Clean Clothes Campaign Code and use it in your campaigns.
More information about Codes of Conduct is given in Company Codes
of Conduct: What Are They? Can We Use Them? An Education Pack for
Worker Activists, produced by Women Working Worldwide.
As we have seen, governments, consumers,
and even many employers agree that
workers have rights.
· Know our rights
Many of us know too little about the labour laws in our own countries
and about the international labour standards that exist to protect
workers. This booklet describes some of the international standards.
You will need to find out about the national laws in your own country,
and how you can use them. Once you have, education and campaigning,
including using the press and media, are very important activities
to help inform more workers about the rights that they have and
to encourage them to organise.
· Decide what are our priorities
Why not make your own list of rights you would like to have respected?
Some rights will be laid down in law but not respected. Some may
not yet be laid down in law. Women workers in Nicaragua made their
own charter of demands, set them out in a Code for employers to
respect, and campaigned until they got their government to agree
to it. (See next page.) Perhaps drawing up a charter is something
you would like to do.
· Organise with other workers
To claim our rights can be a difficult and dangerous task. Our
strength lies in building a strong trade union movement. Trade unions
have the right to reach collective bargaining agreements with employers,
and take legal and industrial action if it is violated.
Workers who find it difficult to make their voice heard in the
trade unions sometimes form their own organisations. But many trade
unions realise that defending the workers whose rights are most
under attack defends the rights of all workers.
· Link up with other workers
We live and work in a world economy where multinational companies
can play workers in different places off each other. By building
solidarity between workers, we can develop strategies which uphold
the rights of all workers. Solidarity is especially fruitful between
workers in different countries who share the same employer, and
between workers who work in the same global production chain such
as garments or food.
· Link up with consumer activists
Many companies are vulnerable to pressure from consumers. Workers
and consumers working together can be a strong coalition for workers'
rights. Finding out who buys our products or services can be an
important step in building a strategy to defend our rights. Some
companies have adopted codes of conduct which state how they will
respect certain workers' rights. Workers need to find out whether
there is a code for their workplace, and whether it can be used
to build their own workers' organisation.
| Workers Mobilise for Their Rights
Codes of Conduct usually come from companies. But workers
can draw up their own Code, as the women workers in the Free
Trade Zones of Nicaragua showed.
They ran a big workers' rights education campaign and out
of this developed their own charter of demands, or 'Code of
Ethics' as they call it. There were training courses for women
leaders and a mass awareness campaign for the workers. They
used the press and radio to win public support, collecting
30,000 signatures. The campaign was called 'Employment Yes,
but with Dignity'.
On 1 February 1998, in front of 500 women workers, the Nicaraguan
Minister of Labour signed the Code of Ethics. The next day,
the owners of all the 23 factories in the Zone agreed to comply.
What is in the workers' Code? There must be no discrimination
on grounds of pregnancy, race, religion, age, disability or
political orientation; no physical or psychological abuse
by employers, and no children under the age of 14 employed.
The Code guarantees job stability, safe and healthy working
conditions, legal wages and social security, legal working
hours and overtime pay, and the right for workers to organise
and bargain collectively with employers.
The Code is being monitored by the women workers of the Zones.
with the support of the Central American Network in Solidarity
with Women Workers in the 'Maquilas' (Assembly Factories).
They want the trade unions involved, but they did not play
a role in the early stages.
One of their leaders, Sandra Ramos, says, "Of course
we know that the Code will not solve our problems. It is just
a mechanism to help us. The underlying problems of poverty
and unemployment are what make workers accept poor conditions
and bad wages. This is the challenge that we are facing."
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Also from Women Working Worldwide
· Pocket Guide to Workers' Rights,
March 2000
Women Working Worldwide has also produced a Pocket Guide to Workers'
Rights. Together the Pocket Guide and this Handbook make a set of
two. The Pocket Guide gives a basic introduction to workers' rights.
The Handbook goes into greater depth, giving more information for
activists. Both are available in a number of different languages.
· Company Codes of Conduct: What Are They? Can We Use Them?
An Education Pack for Worker Activists, July 1998.
This education pack, which has been used with workers' groups in
Asia and Central America, goes into more detail about Codes of Conduct.
It explains the different types of code that have been developed
by companies, trade unions and consumer organisations. Also included
are facilitators' notes for use in group education work. This material
is available in languages including Bahasa Indonesia, Bengali, English,
Marathi, Sinhala, Spanish, Tamil and Urdu.
To get a copy of these booklets, please contact Women Working
Worldwide or the organisation below.
Women Working Worldwide
Room 412, MMU Manton Building
Rosamond Street West, Manchester M15 6LL
Tel: +44-161-247-1760 Fax: +44-161-247-6321
Email: women-ww@mcr1.poptel.org.uk
Both this handbook and its associated Pocket Guide to Workers
Rights are available in several languages. Please contact WWW for
details.
Workers everywhere have rights.
All of us who work have rights, no matter who or where we are.
This Handbook on Workers' Rights in the World Economy has been
produced by Women Working Worldwide to help explain what workers'
rights are and how we can claim them.
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