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勞工
勞工運動
勞動權利
工會組織
罷工行動
勞工政黨（英語：List of Labour Parties）
學術領域
其他

Labor rights or workers' rights are a group of 自然權利 and claimed 人權 having to do with labor relations（英語：labor relations） between 勞動力 and their 僱傭, usually obtained under 勞工法. In general, these rights' debates have to do with negotiating workers' pay, benefits, and 職業安全. One of the most central of these rights is the 工會. Unions take advantage of 集體協商 and 工業行動 to increase their members' wages（英語：wages） and otherwise change their working situation. Labor rights can also take in the form of worker's control（英語：worker's control） and worker's self management（英語：worker's self management） in which workers have a democratic voice in decision and policy making. The 勞工運動 initially focused on this "right to unionize", but attention has shifted elsewhere.

Critics of the labor rights movement claim that regulation promoted by labor rights activists may limit opportunities for work. In the 美國, critics objected to unions establishing closed shop（英語：closed shop）s, situations where employers could only hire union members. The Taft–Hartley Act（英語：Taft–Hartley Act） banned the closed shop but allowed the less restrictive union shop（英語：union shop）. Taft–Hartley also allowed states to pass right-to-work law（英語：right-to-work law）s, which require an open shop（英語：open shop） where a worker's employment is not affected by his or her union membership. Labor counters that the open shop leads to a 搭便車問題.

Labor Background

Throughout history, workers claiming some sort of right have attempted to pursue their interests. During the 中世紀, the 瓦特·泰勒農民起義 in 英格蘭 expressed demand for better wages and working conditions. One of the leaders of the revolt, John Ball（英語：John Ball (priest)） famously argued that people were born equal saying, "When 亞當 delved and 夏娃 span, who was then the gentleman?" Laborers often appealed to traditional rights. For instance, English peasants fought against the 圈地運動 movement, which took traditionally communal lands and made them private.

In England 1833, a law was passed saying that any child under the age of 9 could not work, children age 9-13 could only work 8 hours a day, and children aged 14–18 could only work 12 hours a day.

Labor rights are a relatively new addition to the modern corpus of human rights. The modern concept of labor rights dates to the 19th century after the creation of 工會 following the 工業化 processes. 卡爾·馬克思 stands out as one of the earliest and most prominent advocates for workers rights. His philosophy and economic theory focused on labor issues and advocates his economic system of 社會主義, a society which would be ruled by the workers. Many of the 社會運動s for the rights of the workers were associated with groups influenced by Marx such as the 社會主義 and 共產主義. More moderate 民主社會主義 and 社會民主主義 supported worker's interests as well. More recent workers rights advocacy has focused on the particular role, exploitation, and needs of women workers, and of increasingly mobile global flows of casual, service, or guest workers.

The 國際勞工組織 was formed in 1919 as part of the 國際聯盟 to protect worker's rights. The ILO later became incorporated into the 聯合國. The UN itself backed workers rights by incorporating several into two articles of the 世界人權宣言, which is the basis of the 經濟、社會及文化權利國際公約 (article 6-8). These read:

Article 23

  1. Everyone has the right to work, to free 選擇 of employment, to just and favorable conditions of work and to protection against unemployment.
  2. Everyone, without any 歧視, has the right to 同工同酬.
  3. Everyone who works has the right to just and favorable 報酬 ensuring for himself and his family an existence worthy of human 尊嚴, and supplemented, if necessary, by other means of social protection（英語：social protection）.
  4. Everyone has the right to form and to join 工會s for the protection of his interests.[1]

Article 24

  1. Everyone has the right to rest and leisure, including reasonable limitation of 工時規管 and periodic 年假.

The ILO and several other groups have sought 國際勞動基準 to create 自然權利 for workers across the world. Recent movements have also been made to encourage countries to promote labor rights at the international level through 公平貿易.[1]

Core Labor Standards

Identified by the 國際勞工組織 (ILO) in the 『Declaration of the Fundamental Principles and Rights at Work』,[2] core labor standards are 「widely recognized to be of particular importance」.[3] They are universally applicable, regardless of whether the relevant conventions have been ratified, the level of development of a country or cultural values.[4] These standards are composed of qualitative, not quantitative standards and don’t establish a particular level of working conditions, wages or health and safety standards.[2] They are not intended to undermine the comparative advantage that developing countries may hold. Core labor standards are important human rights and are recognized in widely ratified 國際人權文書 including the 兒童權利公約 (CROC), the most widely ratified human rights treaty with 193 parties, and the ICCPR with 160 parties.[5]

The core labor standards（英語：Core Labor Standards） are:

  • Freedom of association:[6] workers are able to join trade unions that are independent of government and employer influence;
  • The right to collective bargaining:[7] workers may negotiate with employers collectively, as opposed to individually;
  • The prohibition of all forms of forced labor:[8] includes security from prison labor and slavery, and prevents workers from being forced to work under duress;[9]
  • Elimination of the worst forms of child labor:[10] implementing a minimum working age and certain working condition requirements for children;
  • Non-discrimination in employment : 同工同酬.

Very few ILO member countries have ratified all of these conventions due to domestic constraints yet as these rights are also recognised in the UDHR, and form a part of 國際習慣法 they are committed to respect these rights. For a discussion on the incorporation of these core labor rights into the mechanisms of the 世界貿易組織, see The Recognition of Labour Standards within the World Trade Organisation（英語：The Recognition of Labour Standards within the World Trade Organisation）. There are many other issues outside of this core, in the UK employee rights includes the right to employment particulars, an itemised pay statement, a disciplinary process at which they have the right to be accompanied, daily breaks, rest breaks, paid holidays and more.[11]

Labor rights issues

Aside from the right to organize, labor movements have campaigned on various other issues that may be said to relate to labor rights.

Many labor movement campaigns have to do with limiting hours in the work place. 19th century labor movements campaigned for an 八小時工作制. Worker advocacy groups have also sought to limit work hours, making a working week of 40 hours or less standard in many countries. A 35-hour workweek（英語：35-hour workweek） was established in 法國 in 2000, although this standard has been considerably weakened since then. Workers may agree with employers to work for longer, but the extra hours are payable 加班. In the 歐洲聯盟 the working week is limited to a maximum of 48 hours including overtime (see also Working Time Directive（英語：Working Time Directive）).

Labor rights advocates have also worked to combat 童工. They see child labor as exploitative, cruel, and often economically damaging. Child labor opponents often argue that working children are deprived of an education. In 1948 and then again in 1989, the United Nations declared that children have a right to social protection.[12] In 2007, Massachusetts updated their child labor laws that required all minors to have work permits.[13]

Labor rights advocates have worked to improve workplace conditions which meet established standards. During the 進步時代, the 美國 began workplace reforms, which received publicity boosts from 厄普頓·辛克萊's 屠場 (小說) and events such as the 1911 紐約三角內衣工廠火災. Labor advocates and other groups often criticize production facilities with poor working conditions as 血汗工廠 and 職業安全 hazards, and campaign for better labor practices and recognition of workers rights throughout the world.

Recent initiatives in the field of 可持續性 have included a focus on social sustainability（英語：social sustainability）, which includes promoting workers' rights and safe working conditions, prevention of 人口販賣, and elimination of illegal child labor from the sustainably sourced products and services.[14] Organizations such as the 美國勞工部 and 美國國務院 have released studies on products that have been identified as using child labor and industries using or funded by human trafficking. Labor rights are defined internationally by sources such as the Norwegian Agency for Public Management and eGovernment (DIFI) and the 國際金融公司 performance standards.[14]

The labor movement pushes for guaranteed 最低工資 laws, and there are continuing negotiations about increases to the minimum wage. However, opponents see minimum wage laws as limiting employment opportunities for unskilled and entry level workers.

Illegal immigrants cannot complain to the authorities about underpayment and mistreatment as they would be deported; and their willingness to work for low rates may depress rates of pay for others. Similarly, legal migrant workers are sometimes abused. For instance, migrants have faced a number of alleged abuses 阿拉伯聯合大公國人權 (杜拜). 人權觀察 lists several problems including "nonpayment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, squalid living conditions in labor camps, and withholding of passports and travel documents by employers."[15] Despite laws against the practice, employers confiscate migrant workers' passports. Without their passports, workers cannot switch jobs or return home.[1] These workers have little recourse for labor abuses, but conditions have been improving.[16] Labor and social welfare minister Ali bin Abdullah al-Kaabi has undertaken a number of reforms to help improve labor practices in his country.[15]

The right to equal treatment, regardless of 性別 (文化), 族群 and appearance, 宗教, 性取向, is also seen by many as a worker's right. 歧視 in the work place is illegal in many countries, but some see the wage gap（英語：Income inequality metrics） between genders and other groups as a persistent problem.

See also

References

  1. ^ 1.0 1.1 The Universal Declaration of Human Rights. United Nations. [6 March 2016]. 
  2. ^ 2.0 2.1 Asian Development Bank 2006, 『Core Labour Standards Handbook』, Manila http://www.adb.org/documents/core-labor-standards-handbook
  3. ^ Organisation for Economic Cooperation and Development 1996 『Trade, Employment and Labour Standards: A Study of Core Workers』 Rights and International Trade’
  4. ^ United Nations Global Compact, Labour, Archived copy. [2009-06-14]. （原始內容存檔於2009-03-03）. 
  5. ^ Office of the United Nations High Commissioner for Human Rights, Ratification and Reservations: Convention on the Rights of the Child, Archived copy. [2009-06-14]. （原始內容存檔於2007-09-26）.  聯合國人權事務高級專員辦事處, Ratification and Reservations: International Covenant on Civil and Political Rights, Archived copy. [2007-05-29]. （原始內容存檔於2007-09-26）. 
  6. ^ ICCPR Art.22, ILO Convention 87
  7. ^ ICCPR Art.22, ILO Convention 98
  8. ^ ICCPR Art. 8, ILO Conventions 29 and 105
  9. ^ Greenfield, G 2001 『Core Labor Standards in the WTO: Reducing labor to a global commodity』, Working USA , vol.5, Iss. 1; pp 9
  10. ^ CROC Art. 32 ILO Convention 138
  11. ^ http://www.citation.co.uk/employment-law/employee-rights Employee Rights
  12. ^ Prior, Katherine. Workers' Rights. New York: Franklin Watts. 1997. 
  13. ^ Watkins, Heidi. Teens and Employment. Detroit: Greenhaven. 2011. 
  14. ^ 14.0 14.1 Social Sustainability - GSA Sustainable Facilities Tool. sftool.gov. [2016-03-11]. 
  15. ^ 15.0 15.1 Essential Background: Overview of human rights issues in United Arab Emirates (UAE) (Human Rights Watch, 31-12-2005)
  16. ^ United Arab Emirates
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