We explain what the right to work is, its function in society and the obligations of States to guarantee it.
What is the right to work?
The right to work is one of the essential human rights, which is conferred on all individuals equally. the freedom to choose and carry out work under equitable and satisfactory conditions without having to suffer discrimination of any kind.
It also requires that every worker receive decent remuneration for their efforts, as well as fair social protection and the right to unionize, as stipulated in the law.
In this way, the right to work constitutes a fundamental principle to regulate and agree on production relations in the modern world, and combat situations of oppression and labor segregation, such as slavery of any type, undignified or precarious work, and discrimination. employment based on race, sex or any other reason.
Basically, it is the fundamental right to earn an honest living and enjoy:
- Union representation or union before public and private powers.
- Paid vacations and social security: maternity and paternity leave, sick and disability leave, etc.
- Growth opportunities and improvement according to their efforts.
The right to work is enshrined, like other fundamental human rights, in numerous national laws. For example, article 123 of the Mexican Constitution states: “every person has the right to decent and socially useful work; To this end, the creation of jobs and the social organization of work will be promoted, in accordance with the law.”
The same occurs with international treaties on the matter, such as the Universal Declaration of Human Rights of the United Nations, whose article 23 indicates: “Everyone has the right to work, to free choice of work, to equitable and satisfactory working conditions, and protection against unemployment.”
Later it adds: “Everyone has the right without any discrimination to equal pay for equal work performed” and “Everyone has the right to form unions and join unions to defend their interests.”
Obligations of States
For the right to work to be respected, the active and participatory cooperation of States is required, since they embody the political power capable of negotiating between third parties and guaranteeing the social peace necessary to maintain productivity. This is understood as a set of obligations, such as:
- Take measures to adequately regulation and supervision of labor ensuring compliance with worker rights.
- Use your competent bodies to protect workers of unjustified dismissal, employment discrimination or exploitation.
- Mediate in cases of conflict demands or litigation, and in the event that it is necessary to remedy the situation through the reinstitution or compensation of the aggrieved worker.
- Promote structures for effective and efficient unionization and unionization of workers in accordance with the provisions of the laws.
Continue with: Right to education
References
- “Right to work” on Wikipedia.
- “The right to work” in CETIM.
- “Right to work” in Legal.
- “Right to work” in National Right To Work Committee (USA).
