Four fundamental principles and rights at work
1) Freedoms of association and collective bargaining.
2) Elimination of forced and compulsory labor.
3) Elimination of discrimination in employment and occupation.
4) Abolition of child labor.
The worker rights listed above are rooted in the International Labor Organization’s Constitution and the Declaration of Philadelphia annexed to the ILO Constitution. Their core value has been reaffirmed by the international community, notably at the 1995 World Summit on Social Development in Copenhagen and in the 1998 ILO Declaration on Fundamental Principles and Rights at Work.
These enabling rights make it possible to promote and realize decent conditions at work. The ILO Declaration on Social Justice for a Fair Globalization, adopted in 2008, noted that freedom of association and the effective recognition of the right to collective bargaining are particularly important to the attainment of all ILO strategic objectives.
The International Labor Organization (ILO) is an agency of the United Nations and is responsible for drawing up and overseeing international labor standards. It is the only ‘tripartite’ United Nations agency that brings together representatives of governments, employers and workers to jointly shape policies and programs promoting Decent Work for all.
U.S. gets failing grade on labor rights
Most Americans would be surprised and ashamed to learn that the United States has one of the worst records in the world when it comes to standing up for workers’ rights.
The United Nation’s International Labor Organization (ILO) seeks to ensure that social progress goes hand in hand with economic progress by establishing minimum labor standards which would be respected and promoted by all nations of the world.
In 1998, the ILO adopted the “Declaration on Fundamental Principles and Rights at Work” which identified the following eight core labor standards as universal human rights that apply to all people in all states. The core rights are: 1) The right to organize unions; 2) The effective recognition of the right to collective bargaining; 3) Elimination of all forms of forced labor; 4) Elimination of forced labor imposed for political reasons; 5) Equal pay for work of equal value between men and women; 6) Elimination of employment discrimination and to promote equality of treatment; 7) Minimum age for child labor; and the 8) Abolition of the worst forms of child labor such as prostitution and slavery.
Canada has ratified five of the ILO standards and is making a serious effort to change provincial and federal law to conform to the remaining three standards dealing with collective bargaining, forced labor, and the minimum age for child labor.
As on January 2011, almost three-Bad record for U.S.
The United States has ratified only two of the eight standards—to eliminate forced labor for political reasons and to abolish the worst forms of child labor. The U.S. government refuses to ratify the other six standards. The current Republican majority that controls Congress does not recognize or protect these rights in the United States and opposes the idea that the U.S. should be subject to international law. This was also true of the Bush administration from 2000 through 2008.fourths or 133 of the world’s 183 nations have adopted all eight standards and 92 percent of the world’s nations have adopted at least five of the core labor standards.
U.S. law does not effectively protect the right to join unions or prevent employers from routinely intimidating and firing workers for union activity. The U.S. government itself prohibits many of its workers, such as those in Homeland Security, from bargaining collectively.
U.S. forced prison labor
The U.S. puts more of its people in prisons than any other country in the world. The U.S. jails 743 people for every 100,000 people in the population. Russia is the second highest with 582 prisoners for every 100,000 people. China comes in at number 95 with an incarceration rate of 141. Most U.S. prisoners are AfricanAmerican and other minorities who are jailed because of drug laws and laws that require mandatory imprisonment.
The U.S. prison population was 2.3 million in 2009 and another 4.9 million are on parole. About 100,000
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Society benefits from unions and collective bargaining
The following is an excellent explanation of the freedom of association and collective bargaining from the ILO website at http://www.ilo.org/declaration/ principles/freedomofassociation/ lang—en/index.htm.
The freedoms to associate and to bargain collectively are fundamental rights.
Strong and independent workers’ and employers’ organizations, and the effective recognition of their right to engage in collective bargaining, are major tools for labor market governance. Collective bargaining is a way of attaining beneficial and productive solutions to potentially conflictual relations between workers and employers. It provides a means of building trust between the parties through negotiation and the articulation and satisfaction of the different interests of the negotiating partners. Collective bargaining plays this role by promoting peaceful, inclusive and democratic participation of representative workers’ and employers’ organizations
The continuing importance of collective bargaining in the twenty-first century derives from its potential as a powerful tool for engagement between employers’ and workers’ organizations to address economic and social concerns. It can strengthen weak voices and reduce poverty and social disadvantage. This can be done by applying collective bargaining to the needs of the parties and promoting voluntary agreements that sustain the well-being of individuals and enterprises.
The recognition of the right to collective bargaining is the key to the representation of collective interests. It builds on freedom of association and renders collective representation meaningful. Collective bargaining can play an important role in enhancing enterprise performance, managing change and building harmonious industrial relations.
Collective bargaining, as a way for workers and employers to reach agreement on issues affecting the world of work, is inextricably linked to freedom of association. The right of workers and employers to establish their independent organizations is the basic prerequisite for collective bargaining and social dialogue. The right to strike has been recognized internationally as a fundamental right of workers and their organizations and as an intrinsic corollary to the right to organize. Nevertheless, these fundamental rights are still not enjoyed by millions around the world, and where these rights are recognized, there continue to be challenges in applying them. In some countries certain categories of workers are denied the right of association, and workers’ and employers’ organizations are illegally suspended or their internal affairs are subject to interference. In extreme cases trade unionists are threatened, arrested or even killed.
The exercise of the rights to freedom of association and collective bargaining requires a conducive and enabling environment. A legislative framework providing the necessary protections and guarantees, institutions to facilitate collective bargaining and address possible conflicts, efficient labor administrations and, very importantly, strong and effective workers’ and employers’ organizations, are the main elements of a conducive environment. The role of governments in providing for an enabling environment is of paramount importance.