Legal protection of the rights of outsourced workers is not just a legal issue, but a right that must be obtained by workers according to the mandate in the legislation, these rights are in the form ...of work and decent wages, social security, severance pay, and work safety. Although some of the rights have been listed in the labor regulations, these regulations have not yet fully contained and regulated the fulfillment of workers' rights, especially in practice that has not fully protected the rights of outsourced workers in a just and constitutional manner. This research uses a normative juridical method with a statutory, conceptual, historical approach, with primary legal materials namely the 1945 Constitution, Law Number 13 of 2003 concerning Manpower jo. Law No. 11 of 2020 on Job Creation, Government Regulation No. 35 of 2021 and ILO conventions. The results of the study indicate that the violation of the rights of outsourced workers is in fact still ongoing by providing substandard wages and unilateral layoffs by employers. Internationally, the ILO conventions have regulated the application of the protection of basic workers' rights, namely the abolition of forced labor and the provision of decent wages, this convention has also been ratified in Indonesian laws and regulations, thus various labor regulations should be a preventive measure as an optimization legal protection for workers so that the welfare of workers nationally and internationally can be achieved.
This article evaluates different factors under the Bangladesh Labor Act 2006 for promoting work satisfaction in the fish farming workers in Bangladesh. How far does this industry comply with standard ...labor laws adheres to international labor policy, and promotion of labor rights is another focus of this study. This study shows that yearly increment, overtime payment, weekly holiday, amount of compensation, appointment by appointment letter, and job security significantly influence the fish farming workers’ minds in Bangladesh. The Qualitative part of the study finds that the State must protect the workers’ rights by enacting a standard labor policy that adheres to international instruments, which it is unwilling to do so. This study helps in evaluating the opinion of the fishers’ work satisfaction as well as policy planning for the development of the fish farming industry. It will add value by creating awareness of labor rights in the Asian developing setting.
The response of the World Health Organization (WHO) to the Ebola outbreak in West Africa in 2015 demonstrated that the global health system is unprepared to address what should be its primary ...mission, control of disease epidemics while protecting health workers. Critics blamed WHO politics and its rigid culture for the poor response to the epidemic. We find that United Nations agencies, WHO and the International Labor Organization (ILO), are faced with the global problem of inadequate worker protections and a growing crisis in occupational health. The WHO and ILO are given monumental tasks but only trivial budgets, and funding trends show UN agency dependence on private donations which are far larger than funds contributed by member states. The WHO and ILO have limited capacity to make the necessary changes occupational health and safety demand. The UN could strengthen the national and global civil society voice in WHO and ILO structures, and by keeping conflict of interest out of policy decisions, ensure greater freedom to operate without interference.
The International Labour Organization (ILO) at times played an important role in challenging race discrimination in the workplace, both as apartheid legislation intensified and in the new democratic ...South Africa. The controversy around forced labor, and the participation of independent African countries in the ILO, ultimately led to the withdrawal of South Africa. Subsequently, ILO Conventions and the 1964 Declaration influenced the government to establish the 1978 Wiehahn Commission to examine industrial relations. Its recommendations led to extensive unionization. The ILO was initially reluctant to recognize the independent unions but subsequently worker organizational power led to its support. Later, it contributed to creating a post-apartheid workplace order. However, despite its intention to build an inclusive industrial relations system, many workers remain excluded from the regulatory framework and the labor movement. The ILO’s rigid binary between direct coercion on the one hand and the voluntary recruitment of workers on the other does not capture the continuity from slavery, indentured labor, and the migrant labor system through to use of casual labor in contemporary South Africa. The ILO seems more comfortable with traditional unions and clear-cut employer-employee relationships.
Resumo Este trabalho expõe o resultado de uma pesquisa bibliográfica, utilizando-se dos métodos dedutivo, para fins de abordagem, e monográfico, a título procedimental, sobre a temática do controle ...de convencionalidade, tendo por objetivo principal analisar a aplicação deste controle pelo Tribunal Superior do Trabalho (TST), a fim de proteger a dignidade da mão-de-obra humana. Para tanto, realizou-se um estudo dos principais aspectos referentes ao tema, objetivando-se, ao final, demonstrar que o controle da convencionalidade dos atos do Poder Público deve ser realizado pelo Judiciário brasileiro e, no caso da Justiça do Trabalho, as convenções e recomendações da Organização Internacional do Trabalho (OIT) demonstram-se relevante instrumento de efetivação dos direitos humanos, o que ficou transparente no case Carneiro Távora versus Telemar Norte Leste e Contax. No decorrer do trabalho, buscou-se o esclarecimento de questões importantes ao tema, como o seguinte problema: como pode ser operacionalizado o controle de convencionalidade e como se deu sua aplicação pelo TST como forma de proteção à dignidade da mão de obra humana frente à possibilidade de terceirização de atividade-fim? Por derradeiro, dentre os resultados, conclui-se que o controle de convencionalidade ainda é uma prática pouco utilizada, sendo até desconhecida por muitos, necessitando de operacionalização, mas que, no case em análise, o TST, com o objetivo de proteção ao trabalhador, aplicou o controle em reverência ao compromisso internacional assumido pelo Estado brasileiro por ocasião da ratificação da Constituição da OIT, dando interpretação convencional ao dispositivo legal interno, no sentido de que não se pode abstrair qualquer sentido que venha a permitir a terceirização de atividade-fim.
Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union ...activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (
sulh
) and arbitration (
tahkim
) are both used methods in the inception of Islam, which have similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on
Shari’ah
law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples.
Abstract
The 20 years of the CRC have also been a period of dynamic change in international action against child labour; increased international attention on the issue during the 1990s – especially ...from the children's rights perspective – has brought new developments both in technical cooperation and in international standard-setting. The CRC and its two protocols on the one hand, and the ILO child labour Conventions on the other are complementing each other. This article will look back on the process that led to the adoption of ILO C182 on the Worst Forms of Child Labour as well as its 10 years in force, as an integral part of the progress in children's rights. It is hoped to contribute in taking stock of experience and clarifying what remains to be done with the specific international goal of eliminating the worst forms of child labour by 2016.
The part of the port industry that serves international trade flows, competes and satisfies demand with global characteristics. Port services production and supply, within an open market, can only be ...governed by global regulations, and should be taken into account by those who wish to implement them. International organizations influence both safety aspects and the protection of professional life from new working methods in ports. Assessing the importance of labor factor in ports, it is argued that it constitutes a key factor in port production. Several factors have facilitated the gradual substitution of port manual labor, leading to changes in both requirement in skilled labor quantity, but also labor skill and quality requirements. Studying the three I.L.O. conventions pertaining to dock work (C032, C137 and C152) we argue that they can form a positive model for the integration of work rules on a global scale. Main aim of these conventions is the mutual development for all port stakeholders and prevention of unfair competition. We assess the current state of acceptance and degree of implementation of the Conventions by national governments, and argue for the mutual benefits for port stakeholders arising from their implementation, from the perspective of globalization governance, in the era of post - globalization. Reprinted by permission of the Editor - University of Piraeus
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