Dokumendiregister | Majandus- ja Kommunikatsiooniministeerium |
Viit | 11-2/1209-1 |
Registreeritud | 29.04.2024 |
Sünkroonitud | 30.04.2024 |
Liik | Sissetulev kiri |
Funktsioon | 11 Tööpoliitika ja võrdne kohtlemine |
Sari | 11-2 Rahvusvaheliste tööstandardite ja töötingimuste järelevalve (ILO) kirjavahetus |
Toimik | 11-2/2024 |
Juurdepääsupiirang | Avalik |
Juurdepääsupiirang | |
Adressaat | Ministry of Labor and Social Economy |
Saabumis/saatmisviis | Ministry of Labor and Social Economy |
Vastutaja | Liis Tõnismaa (Majandus- ja Kommunikatsiooniministeerium, Kantsleri valdkond, Tööala valdkond, Töösuhete ja töökeskkonna osakond) |
Originaal | Ava uues aknas |
1
PLACING DECENT WORK AT THE HEART OF THE
NEW SOCIAL CONTRACT:
“TOWARDS A GLOBAL CHARTER OF LABOUR RIGHTS”
In March 1995, the World Summit for Social Development, held in
Copenhagen, focused the attention of the international community on the nature
and roots of social trends and problems. At the Summit, the Member States
approved the Copenhagen Declaration and Programme of Action for Social
Development. Commitment 3 of the Copenhagen Declaration refers to the goal
of full employment, with full respect for workers’ rights and with the participation
of employers, workers and their respective organizations, and specifically
mentions the goal of safeguarding the “basic rights” of workers. These “basic
rights” were linked to the fundamental Conventions of the International Labour
Organization (ILO), which at that time referred to the prohibition of forced labour
and child labour, to freedom of association, the right to form and join trade
unions, the right to collective bargaining, and the principle of non-discrimination.
Since that time, the world of work has undergone a process of radical
transformation, with profound changes set within a framework of persistent
inequalities, which impact on the nature and future of work and on the standing
and dignity of workers. Labour standards are being tested by the impacts of the
pandemic, geopolitical challenges, the climate emergency and the digital
transformation, and they require continual updating if they are to sustain decent
work. Other factors that must be taken into account include gender equality,
sustainability, the adaptation of job markets to combat climate change, the
employment status of digital platform workers, and the proper management of
new technologies in the sphere of labour relations.
2
The speed with which the aforementioned aspects are impacting on the
world of work demands a rapid response from states so as not to further delay
the achievement of decent work for all and so as to ensure their capacity to
serve the principles of social justice when addressing the imminent transitions.
As recognized in previous resolutions relating to the implementation of the
outcomes of the World Summit for Social Development, including Resolution
78/174 adopted on 19 December 2023, more than 25 years after the World
Summit for Social Development was held, progress is slow and unequal and
continues to be hindered by significant gaps. Despite the efforts made by the
fundamental institutions of the world of work, such as the ILO, legislative
procedures at international level continue to lag very far behind the changes
and emerging challenges mentioned above. Thus, while recognizing the
importance of the resolution amending the ILO Declaration on Fundamental
Principles and Rights at Work (2022), we continue to be concerned by the lack
of legislative response at the state and global levels to the threats and
challenges listed.
The Second World Summit for Social Development, to be held in 2025,
will seek to address persisting gaps, recommit to the Copenhagen Declaration
and Programme of Action for Social Development and their implementation, and
give momentum to the execution of the 2030 Agenda.
The aim of this Summit is to draft a new Social Contract, whose pillars,
without question, must include decent work, full and productive employment,
social dialogue, respect for international standards, social protection, and social
justice. These pillars must develop and update the outdated concept of “basic
rights” set forth in the Copenhagen Declaration to represent what the
international community today understands as essential rights for all workers in
all countries of the world.
To this end, we propose that the objectives of the Summit include the
adoption of a “Global Charter of Labour Rights”, which must combine
established basic standards with innovations in the protection of workers’ rights
and take into account the challenges stemming from the ecological and digital
transitions.
3
The Global Charter of Labour Rights will be built upon the four pillars of
decent work, updating and expanding them in order to respond to the current
challenges of the world of work, as a commitment of the international community
to ensuring a future of work based on dignity, self-actualization, inclusiveness,
stability, full, productive and freely chosen employment, and an equitable
distribution of the profits thereof among all people, in all labour contexts,
irrespective of country or sector.
To this end, the signatory states undertake to:
1. Guarantee the right to equal opportunities and to non-discrimination
on the grounds of gender or any other grounds of discrimination at work;1
safeguard the right to care; ensure maternity and paternity rights at work;
establish sufficient measures to ensure life-work balance; adopt
sufficient standards to effectively combat violence and harassment at
work; and design policies that contribute to the economic empowerment
of women in a changing world of work.
2. Ensure working hours that allow for work-life balance, that are shared
equitably and are aligned with social, community and environmental
needs.
3. Guarantee fair pay that is commensurate with the value of the work
performed, precluding discriminatory pay differences and ensuring a
living wage that honours human dignity.
4. Respect freedom of association and the right to strike; the right of
trade unions to participate in company management and governance;
the rights to freedom of peaceful assembly and of association at the
workplace and outside it; and the right to information, consultation and
participation, through trade unions.
1 Convention No. 111 of the ILO refers specifically to discrimination on the grounds of race, colour, sex, religion, political opinion,
national extraction or social origin. Other ILO instruments include additional grounds: HIV/AIDS, age, disability, family responsibilities, sexual orientation and trade union membership or activities.
4
5. Ensure the existence of permanent institutions for democratic
participation in the sphere of labour relations through collective
bargaining and social dialogue; and promote transnational and
international collective agreements, paying particular attention to global
framework agreements.
6. Guarantee effective standards for the eradication of child labour and
forced labour, paying particular attention to labour situations at the
bottom end of transnational companies’ global value chains.
7. Safeguard the right of all workers, regardless of sector and type of
company, to stable employment and to clear, predictable, transparent
and dignified working conditions. Adopt labour regulations which
prioritize the establishment of permanent contracts and implement
efficient measures to boost the transfer from informal to formal
employment.
8. Support a fair digital transition for workers to ensure that the use of
artificial intelligence and algorithms by companies respects labour rights,
personal data and privacy. Guarantee labour protection in the digital
platform sector. Strengthen the role of trade unions and collective
bargaining, especially with regard to rights to information and to
consultation, in processes of technological change.
9. Ensure a green transition which fully respects labour rights. Boost
employment in sustainable occupations and in those aimed at combating
climate change; promote green collective bargaining as well as
protection and adaptation measures in the workplace to address adverse
climate conditions.
10. Guarantee the right to health and safety at work and develop efficient
management policies and systems which take into account the new risks
at the workplace, especially biological and chemical risks. Establish
regulations committed to the goal of zero deaths, and to preventing work-
related injuries and illnesses, especially those linked to mental health.
5
Pay particular attention to night work and shift work carried out by young
people.
11. Safeguard the right to professional training, the development of work
skills and lifelong learning, with a focus on young people in order to
promote stable, quality youth employment. Ensure retraining policies
aimed at guaranteeing dignified and productive employment in the latter
stages of people’s working lives.
12. Promote access to efficient employment services and adopt policies
to support employment actively through personalized assistance,
especially for the most vulnerable people and groups, so that they may
re-join the workforce and transition professionally.
13. Establish sufficient minimum welfare systems and protection levels,
which respond to gender issues and are sensitive to diversity, and
increase their cover progressively to all persons throughout their lives,
including persons working in the informal economy.
14. Guarantee the labour and social security rights of migrants, regardless
of their migration status.
15. Support an efficient and adequate Workplace Inspection body and
maintain employment tribunals with the necessary structure and funding
to enable efficient legal protection in an apposite timeframe and a
suitable administrative sanction system.
16. Ensure companies are held liable for violations of human rights or
environmental damage committed throughout their global value chain,
establishing at least clear and sufficient company due diligence
measures for human rights and sustainability.
17. Promote measures to boost the circular and solidarity economy, and
to protect the self-employed.