Employee rights part 1 - Fundamental rights of every worker

Fair labor practices

This is the first in a series of discussions which will focus upon employee rights and responsibilities at work.

I would like to commence this serious by attempting to define the core fundamental rights to which I believe that all workers should be entitled.

Today’s discussion, in addition to next week’s discussion (relating to key responsibilities) of employees) will form much of the essential groundwork upon which the remaining discussions will be based.

 
Fundamental rights of workers
Whilst I believe that employee rights can and should vary according to the industry, country and culture within which they are employed, I also believe that there is a core set of fundamental rights to which all workers should be entitled – wherever, whenever or however they may be employed.

Below I have made a list of some of these rights. Readers are encouraged to add any further points:

 
• Minimum wages, terms and conditions.

All workers have the right to receive minimum wages and benefits as specified by any relevant law in the jurisdiction within which they operate, as well as any benefits which are specified within the employment agreement.

Moreover, regardless of the level at which legal minimum wages are set, any worker who is employed on a full time basis should be entitled to receive a level of compensation which is at least sufficient so as to cover the cost of meeting essential family requirements, such as food and shelter.

 
• Reasonable working hours

There will always be some occasions where the performance of lengthy periods of overtime is appropriate due to specific operational requirements.

Nevertheless, staff must not be pressured or coerced into working excessive amounts of overtime on any form of frequent basis.

Work hours must be set at a level which: (a) allow for a reasonable amount of time to attend to family and other essential needs; and (b) do not exceed levels beyond which the long term health of employees is put at undue risk (in the case of physically demanding work environments).

 
• A safe working environment.

Workers have a right to expect their employers to undertake all reasonable steps to eliminate potential occupational health and safety risks within the workplace.

Amongst other things, this includes the minimization of any exposure to potentially harmful substances within the operating environment, the provision of appropriate safety equipment as well as training in relation to occupational health and safety procedures.

 
• Equality of opportunity

Discrimination of any form is both unfair and unjust.

Candidates for any promotion or new position have a right for their application to be considered based solely upon merit, and promotions or new positions must be granted entirely on the basis of suitability for the position in question – nothing else.

 
• Freedom from harassment.

Any form of harassment, physical, sexual or verbal, is completely unacceptable and under no circumstances should employees have to tolerate such behavior.

 
• Basic sick leave, rest and meal breaks

Reasonable allowances for rest and meal breaks are simple matters of both occupational health and safety and of basic human dignity

So too is the right to a reasonable amount of time personal time in the event of any significant form of illness.

 
• Freedom of religious observance.

All employees must be allowed a reasonable degree of freedom to observe religious practices without any form of harassment – even during work hours.

To give two examples – firstly, Islamic staff members must be given the freedom to observe daily prayer times, and secondly, Jews should never be pressured to work on the Sabbath – regardless of whether or not operational requirements would ordinarily this to be appropriate.

 
• Freedom to act in an ethical fashion.

Employees must never be subject to any form of pressure to engage in any form of behavior which they consider to be either or unethical, and those who choose either to engage in or refuse to engage in any specific form of conduct based on legal or ethical grounds must never be subject to any form of adverse repercussions whatsoever. 

 
• Freedom of Association.

Within reason, it is any person’s fundamental right to join, belong to or associate with any group or organization of their choice – including religious, political or labor rights organizations.

Employees must be free to exercise this right without fear of any adverse consequences relating to their employment.

 
• Provision of labor on a free will basis.

In some parts of the world, there may occasions where some forms of forced labor are considered to be appropriate – such as conscription for military service of the performance of certain civil duties.

But forced labor has no place in the private sector, where the provision of labor should always be on the basis of the free-will and consent of the particular employee concerned.

 
• Job-specific training.

Whilst it is the responsibility of employees to apply only for positions for which they are suitably qualified, and to undertake any form of professional development relevant to their occupation on a consistent basis, staff have a right to receive any form of on the job training which is essential for the successful fulfillment of their employment responsibilities.

 
• Free will in use of leisure time.

Workers must be free to use non-work hours in any manner in which they please.

This includes participation in any form of part time business or part time employment, provided that such activities: (a) do not represent any form of competition to the employer’s business; or (b) do not in any way bring the reputation of the employer into disrepute.

 
• Freedom to pursue basic rights.

Above, I have listed a range of fundamental rights to which I believe that all workers should be entitled.

Just as important, however, is the ability of workers to pursue and stand up for their rights. Staff must be free to use whatever means necessary, including legal action, in order to pursue their rights and have such rights enforced without fear of repercussion of any kind.
 

4 Responses to “Employee rights part 1 - Fundamental rights of every worker”

  1. Karen Swim Says:
    November 3rd, 2008 at 11:12 pm

    Andrew, I really enjoyed the last series. This one looks equally interesting and I can’t wait for the thought provoking discussions. Your last series was truly enlightening. Thanks Andrew for the great work you do here and the obvious thought that goes into your posts.

    Karen Swims last blog post..Trick or Treat?

  2. JMDonato Says:
    November 5th, 2008 at 7:51 am

    Andrew,
    All these rights you mentioned are based on trust, ethics and loyalty that should exist in every human relationship (including the one between employees and their employers). In today’s world not all businesses treat people fairly, but history has shown that only those that do, prevail….

    I agree with your point that people should stand up for their rights. However, standing for ones rights sometimes could end up in litigation that is usually quite expensive, and which most of the time never brings long lasting results.

    “For businesses to succeed, the employee needed to have a sense of belonging to the organisation. This would happen when the employee came to trust the employer. And trust would exist only where the employer was seen to act ethically, where his actions sprang from “warm-heartedness”. Ethical action was also required because success in business alone would not bring about peace of mind or satisfaction. Only actions that were rooted in “warm heartedness” would prove constructive.”

    The Dalai Lama

  3. drew Says:
    November 5th, 2008 at 9:23 pm

    Karen,

    Thank you for your kind words and thoughtful encouragement.

    JM Donato,

    Thank you for your comment and welcome to my blog. I hope you enjoy many of the discussions on this site.

    You have hit the nail right on the head in relation to the question of what makes for an effective and mutually beneficial working relationship between an employee and their employer.

    Mutual trust forms part of the foundation of any human relationship, as you say, including those at a workplace level.

    You make a valid point in relation to the issue of standing up for one’s rights, and your comment has made me realize that in my last paragraph, I may have come across as advocating a somewhat militant or hostile approach toward this end.

    This was not my intention, and in the vast majority of circumstances, I do not feel that a hostile approach is a constructive way to resolve employee grievances. Employees seeking to stand up for their rights should do so in a manner which is firm but constructive, and should seek to work toward mutually workable solutions with their employer.

    Litigation should be used only as a last resort, and I apologize if I came across as advocating a hostile approach toward dispute resolution.

    The main point which I was driving up was that staff should be free to stand up for their rights (in a constructive way) without fear or intimidation.

  4. Top 20 posts of the week - CSR, sustainability, Greener options | Social Bridges Says:
    November 8th, 2008 at 5:28 am

    [...] starts a new series on employee rights discussing all the fundamental and not-so-fundamental [...]

Leave a Reply

Icons by N.Design Studio. Designed By Ben Swift. Powered by WordPress and Free WordPress Themes
Entries RSS