Decent Work

Gender equality and non-discrimination

Millions of women and men around the world are denied access to jobs and training, confined to certain occupations or offered lower pay simply because of their disability, ethnicity, indigenous or tribal status, race, religion, sex, sexual orientation, gender identity, political or other opinion, real or perceived HIV/AIDS-status or other status. The discrimination that certain groups, such as women, ethnic or racial minorities and migrants, face in the labour market makes them highly vulnerable to exploitation and abuses such as forced labour. Barriers to decent jobs often compel parents belonging to an ethnic minority to resort to the labour of their children to make ends meet. Though discrimination can have many manifestations, it is often subtle and insidious, undermining peoples’ dignity and their future. Discrimination deprives people of their voice at work and their ability to fully participate. Discrimination stifles opportunities, wasting the human talent needed for economic progress, and accentuates social tensions and inequalities. Discrimination is a basis for social exclusion and poverty. 

An important starting point to overcome discrimination is the right to equality of opportunity and treatment in respect of employment and occupation. And the key to the success of promoting equality in the labour market is the active involvement of workers' organizations, employers’ organizations and other stakeholders. Freedom from discrimination is a fundamental human right and is essential for workers to choose their employment freely, to develop their potential to the full and to reap economic rewards on the basis of merit. Bringing equality to the workplace has significant economic benefits too. Employers who practice equality have access to a larger and more diverse workforce. Workers who enjoy equality have greater access to training, often receive higher wages, and improve the overall quality of the workforce. The profits of a globalized economy are more fairly distributed in a society with equality, leading to greater social stability and broader public support for further economic development.

In the world of work, several challenges remain to the achievement of gender equality. Significant gender gaps exist – and there has been little change over the past 20 years – with respect to both the quantity and quality of jobs: access to employment, pay, social security and occupational segregation. Women are more likely to be unemployed than men, with unemployment particularly affecting young women. Women also continue to be overrepresented in unpaid and care work, often working longer hours than men when both paid work and unpaid work are taken into account. Advancing gender equality will require addressing these gaps, including the unpaid and undervalued work undertaken by women, redistributing care responsibilities, and ensuring equal remuneration for work of equal value.

Decent work, gender equality and non-discrimination feature prominently in the 2030 Agenda for Sustainable Development. The Declaration adopted by the UN General Assembly in September 2015 projects a vision: “We envisage a world of universal respect for human rights and human dignity, the rule of law, justice, equality and non-discrimination; of respect for race, ethnicity and cultural diversity; and of equal opportunity permitting the full realization of human potential and contributing to shared prosperity” (Para 8). This vision is reflected in several Sustainable Development Goals, namely SDG 4 (target 4.5, equal access to education), SDG 5 (gender equality, notably targets 5.2, 5.4 and 5.5), SDG 8 (target 8.5, decent work for all and equal pay), and SDG 10 (target 10.3, equal opportunity).

Forced labour

Forced labour takes different forms, including debt bondage, trafficking and other forms of modern slavery. The victims are the most vulnerable – women and girls forced into prostitution, migrants trapped in debt bondage, and sweatshop or farm workers kept there by clearly illegal tactics and paid little or nothing. Although forced labour is universally condemned, ILO estimates show that 20.9 million people around the world are still in forced labour, more than half of whom are women and girls. Available data indicate that numbers of people in forced labour are not decreasing and may even be on the rise.

According to the ILO’s Forced Labour Convention, 1930 (No. 29), forced or compulsory labour is all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily. It can occur where work is forced upon people by State authorities, by private enterprises or by individuals. The concept of forced labour covers a wide range of coercive labour practices, which occur in all types of economic activity and in all parts of the world.

Of the total number of victims of forced labour, 18.7 million are exploited in the private economy, by individuals or enterprises, and the remaining 2.2 million are in state-imposed forms of forced labour. Among those exploited by private individuals or enterprises, 4.5 million are victims of forced sexual exploitation and 14.2 million of forced labour exploitation. Forced labour in the private economy generates US$ 150 billion in illegal profits per year.

Vestiges of slavery are still found in some parts of Africa, while forced labour in the form of coercive and deceptive recruitment is present in many countries of Latin America, and elsewhere. In numerous countries, domestic workers are trapped in situations of forced labour, and in many cases they are restrained from leaving the employers’ home through threats or violence. Bonded labour persists in South Asia where millions of men, women, and children are tied to their work through a vicious cycle of debt. In Europe and North America, an increasing number of women and children are victims of trafficking for labour and sexual exploitation. Trafficking in persons has been the subject of growing international attention in recent years. Finally, forced labour is still imposed by the State for the purposes of economic development or as a punishment, including for expressing political views.

The Resolution “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the UN General Assembly in September 2015, declares in paragraph 27 that “we will eradicate forced labour and human trafficking and end child labour in all its form.” This is further clarified in SDG target 8.7, which commits the global community to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking ….”. International action to abolish forced labour also contributes to the implementation of the UN Convention to Suppress the Slave Trade and Slavery (1926) which has been ratified by 99 countries. 

Forced labour in all its forms can be considered the antonym to Decent Work, and the eradication of forced labour advances the Decent Work Agenda in all its dimensions. The elimination of forced labour is the subject of two of ILO’s eight fundamental conventions, which must be observed by all ILO member states, irrespective of them having ratified or not.

Working conditions

The ILO Constitution states: “And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled.” This sentence underlines the critical importance of establishing humane conditions of work for sustainable and peaceful societies. People aspire to have not just a job but a good job. Wages, working time, work organization and conditions of work, arrangements to balance working life and the demands of family and life outside work, non-discrimination and protection from harassment and violence at work are core elements of the employment relationship and of workers’ protection, and also affect economic performance. Working conditions cover a broad range of topics and issues, from working time (hours of work, rest periods, and work schedules) to remuneration, as well as the physical conditions and mental demands that exist in the workplace. 

The term “working conditions” is not mentioned as such in 2030 Declaration and its SDGs but many related aspects are covered under various goals and targets: SDG target 5.4 specifically addresses the plight of domestic and care workers; SDG target 8.5 calls for equal pay for work of equal value and 8.8 calls for safe and secure working environments; SDG target 10.4 seeks to achieve greater equality through appropriate wage policies; and SDG target 16.6 is about the establishment of accountable institutions, which are indispensable for the improvement of working conditions. Many other SDG targets could be cited for having a potential link with working conditions. For example, adequate wages can contribute to reducing poverty. 

Freedom of association and collective bargaining

Freedom of association is a fundamental human right proclaimed in the Universal Declaration of Human Rights (1948). It is the enabling right to allow effective participation of non-state actors in economic and social policy, lying at the heart of democracy and the rule of law. Ensuring that workers and employers have a voice and are represented is, therefore, essential for the effective functioning not only of labour markets but also of overall governance structures in a country. 

The right of workers and employers to form and join organizations of their own choosing is an integral part of a free and open society. In many cases, these organizations have played a significant role in their countries’ democratic transformation. 

Closely linked to freedom of association is the issue of collective bargaining. Collective bargaining is a fundamental right that is rooted in the ILO Constitution and reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at Work. Collective bargaining is a key means through which employers and their organizations and trade unions can establish fair wages and working conditions, and ensure equal opportunities between women and men. It also provides the basis for sound labour relations. Typical issues on the bargaining agenda include wages, working time, training, occupational health and safety and equal treatment. The objective of these negotiations is to arrive at a collective agreement that regulates terms and conditions of employment. Collective agreements may also address the rights and responsibilities of the parties thus ensuring harmonious and productive industries and workplaces. Enhancing the inclusiveness of collective bargaining and collective agreements is a key means for reducing inequality and extending labour protection. 

Freedom of association is a democratic human right under the Universal Declaration of Human Rights and therefore central to the 2030 Sustainable Development Agenda which seeks to “realize the human rights of all”. SDG target 8.8 calls for the protection “of labour rights of all workers”; target 16.3 seeks to promote the rule of law both nationally and internationally, target 16.6 demands the development of “effective, accountable and transparent institutions at all levels (which are essential for the protection of the freedom of association and the right to collective bargaining), and target 16.10 enjoins the protection of fundamental freedoms.

Child labour

Significant progress has already been made towards the elimination of child labour in the last two decades. However, many challenges remain: while the global number of children in child labour has declined by one third since 2000, 168 million children are still in child labour and more than half of them, 85 million, are in hazardous work. 

Considerable differences exist between the many kinds of work in which children are engaged. Some are difficult and demanding, others are more hazardous and morally reprehensible. Not all work done by children should be classified as child labour that is to be targeted for elimination. Children’s or adolescents’ participation in work that does not affect their health and personal development or interfere with their schooling, can be regarded as something positive.

The term “child labour” in the narrower sense is defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that deprives them of the opportunity to attend school, obliges them to leave school prematurely, or requires them to attempt to combine school attendance with excessively long and heavy work.

In its most extreme forms, child labour involves children being enslaved, separated from their families, exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities – often at a very early age. Labour that jeopardises the physical, mental or moral well-being of a child, either because of its nature or because of the conditions in which it is carried out, is known as “hazardous work”.

Recent ILO statistics on child labour reveal that: 

• Asia and the Pacific still has the largest numbers (almost 78 million or 9.3 per cent of child population), but sub-Saharan Africa continues to be the region with the highest incidence of child labour (59 million, over 21 per cent).
• There are 13 million (8.8 per cent) of children in child labour in Latin America and the Caribbean; and in the Middle East and North Africa there are 9.2 million (8.4 per cent).
• Agriculture remains by far the most important sector where child labourers can be found (98 million, or 59 per cent), but the problems are not negligible in services (54 million) and industry (12 million) – mostly in the informal economy.
• Child labour among girls fell by 40 per cent since 2000, compared to 25 per cent for boys. 

Child labour is a violation of fundamental human rights and has been shown to hinder children’s development. There is a strong link between household poverty and child labour, which also contributes to perpetuating poverty across generations by inhibiting upward social mobility based on proper education and schooling.

The elimination of child labour is explicitly referred to in SDG target 8.7 which commits the global community to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms”. SDG target 8.7 refers to the “people” dimension, the social pillar and the rights-based nature of the 2030 Sustainable Development Agenda. Work related to child labour also supports SDG target 16.2: “end abuse, exploitations, trafficking and all forms of violence against and torture of children”, and contributes to the implementation of the UN Convention on the Rights of the Child, which came into force in 1990. 

Equality

There is growing evidence in the world today of a shift towards returns on capital and away from labour, together with increasing income inequality. The labour share in national income is declining while that of profits is rising in many countries. The current patterns of growth tend to favour the better-off more than the poor. Wage inequality has been increasing. In some countries, there has been a sharp rise in earnings of the highest paid, with important gender dimensions; in other countries, skilled workers in high demand in the labour market have received growing wage premiums. On the other hand, labour market reforms designed to promote flexibility and lower labour costs, causing cuts to welfare benefits, less progressive tax policies, weaker collective bargaining and an absence of tripartite social dialogue, as well as low minimum wages, have all contributed to weakening the position of the lower 50 per cent of income earners in many countries.

Inequality weakens the link between economic growth and employment creation in general and between economic growth and both the reduction of poverty and working poverty, as well as other dimensions of decent work deficits. Inequality has not only material, but also many non-material dimensions, such as unequal power and voice, unequal access to rights, social protection, social capital etc. These different dimensions of inequality are often linked and tend to reinforce each other. The focus of this section is primarily on the income aspect of inequality; other dimensions of inequality are discussed in the section on gender equality and non-discrimination, though they are very relevant to income inequality; in particular, there is a clear link between unequal pay between women and men and income inequality. 

The Gini coefficient is commonly used to measure income inequality. Considering income distribution of all human beings, the worldwide income inequality has been constantly increasing since the early 19th century. There was a steady increase in global income inequality according to the Gini score from 1820 to 2002, with a significant increase between 1980 (a Gini coefficient of 0.43) and 2002 (0.71). This trend appears to have peaked and begun a reversal with rapid economic growth in emerging economies, particularly in the large populations of the BRIC countries. Latin America and the Caribbean region had the highest net income Gini index in the world at 0.48, on unweighted average basis in 2008. The remaining regional averages were: sub-Saharan Africa (0.44), Asia (0.40), Middle East and North Africa (0.39), Eastern Europe and Central Asia (0.35), and High-income Countries (0.31). South Africa had the highest income Gini index score of 0.68.

In many countries, inequality starts in the labour market. Changes in the distribution of wages and paid employment have been key factors behind recent inequality trends. In developed economies where inequality increased most, this was frequently due to a combination of more wage inequality and job losses. A number of emerging and developing economies have experienced declines in inequality. In these countries, a more equitable distribution of wages and paid employment was a predominant factor. 

To combat inequality the ILO proposes the following policy responses: 

• Promoting job creation: Job creation is a priority in all countries, and access to, or loss of, paid employment is a key determinant of income inequality. In developed economies, job losses that disproportionally affect low-income workers contribute to increasing inequality. In emerging and developing economies, the creation of paid employment for those at the bottom of the wage structure, who are disproportionately women, contributes to reducing inequality.
• Fiscal redistribution through taxes and social protection systems: Fiscal policies can compensate to some extent for inequality in the labour market, through both progressive taxation systems and transfers that tend to reduce inequality in household incomes. Emerging and developing economies should increase tax revenues through a variety of measures, including by broadening the tax base through the transition of workers and enterprises from the informal to the formal economy as well as by improving tax collection; this would allow for the extension of social protection systems to unprotected segments of the population.
• Minimum wages and collective bargaining: Recent research suggests that governments have considerable space for using minimum wages as a policy tool. On the one hand, research shows that there is either no trade-off between increased minimum wages and employment levels or that such increases have very limited effects on employment, which can be either positive or negative. On the other, it shows that minimum wages do contribute effectively to reducing wage inequality and reducing the gender pay gap.
• Special attention to disadvantaged groups of workers: Extending minimum wages and collective bargaining to low-paid workers will generally be helpful in reducing inequality among women, migrants and vulnerable groups, who are over-represented among these workers. However, these policy tools alone will not eliminate all forms of discrimination or wage gaps, which constitute a significant source of inequality. A wider range of policies is required to overcome wage gaps across groups that are not explained by human capital and labour market characteristics. For example, achieving equal pay between men and women requires policies aimed at combating discriminatory practices and gender-based stereotypes about the value of women’s work, effective policies on maternity, paternity and parental leave, as well as advocacy for better sharing of family responsibilities.

The issue of equality is central to the 2030 Agenda which strives “to ensure that all human beings can fulfil their potential in dignity and equality”; consequently, the Agenda includes an “equality” goal 10 that seeks to “reduce inequality within and among countries”. From a Decent Work perspective the most relevant targets under this goal are 10.1 (income equality), 10.3 (equal opportunity) and 10.4 (fiscal, wage and social protection policies for equality). In addition, many other SDG targets (namely 1.4, 2.3, 5.5, 5.a, 5.c, 8.5 and 16.3) all call for equal rights, equal access, equal opportunities or equal pay. 

The struggle for greater equality is fundamental to the Decent Work Agenda. The promotion of social justice as the principal strategy to achieve greater equality is highlighted in the very first sentence of the ILO Constitution: “Whereas universal and lasting peace can be established only if it is based upon social justice…”; it was reaffirmed by the Declaration of Philadelphia (1944), which states that “all human beings, irrespective of race, creed or sex, have the right to pursue their material wellbeing and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity". The Social Justice Declaration (2008), also underlined that the “four strategic objectives are inseparable, interrelated and mutually supportive”, and that gender equality and non-discrimination cut across all the strategic objectives; this was more recently related by the 2016 Resolution on Advancing Social Justice through Decent Work. In fact, the simultaneous promotion of the four pillars of decent work agenda has the potential to significantly reduce inequality. Moreover, the implementation of the recommendation adopted in 2004 by the World Commission on the Social Dimension of Globalization under the title “A Fair Globalization” would contribute greatly to reducing inequality among countries (SDG 10).

Labour migration

International migration today is a global phenomenon of growing volume and complexity. Many countries are now origin, transit and destination countries for migrant workers. Labour migration movements have the potential to greatly impact the social and economic well-being of their countries of origin, transit and destination. In destination countries, labour migration can rejuvenate the workforce, allow labour-intensive sectors such as agriculture, construction and personal services to function, promote entrepreneurship, support social protection schemes, and help meet the demand for skills. Countries of origin benefit from remittance flows, and transfer of investments, technology and critical skills through returning migrants and transnational communities (diaspora).

The ILO global estimates on migrant workers show that in 2013, migrant workers accounted for 150 million of the world’s approximately 232 million international migrants. Migrant workers represent 4.4 per cent of the global labour force, higher than the proportion of international migrants in the global population (3.3 per cent). More migrant women than non-migrant women participate in the labour force (67 per cent as compared to 50.8 per cent), whereas participation rates of migrant and non-migrant men are essentially the same (78 per cent as compared to 77.2 per cent). While migrant workers contribute to growth and development in their countries of destination and origin, the migration process implies complex challenges in terms of governance, migrant workers' protection, migration and development linkages, as well as international cooperation. 

The complexity of labour migration and mobility, including refugee flows, is growing. Many countries are under-equipped to handle this situation, which, owing to poor labour market functioning and weak governance, results in irregular migration, underutilization of skills, job mismatches, discrimination, widening inequality and exploitation, including in recruitment. If not well governed, labour migration may exacerbate such decent work deficits for migrant workers and their families, and also result in long-term adverse socio-economic costs to countries of origin and destination. Whether labour migration will be of benefit or not depends very much on the policy framework of countries of origin and destination as well as on the bilateral, regional and multilateral cooperation among them. No country can effectively deal with labour migration in isolation.

The 2030 Sustainable Development Agenda Declaration in its paragraph 29 states that: “We recognize the positive contribution of migrants for inclusive growth and sustainable development. We also recognize that international migration is a multi-dimensional reality of major relevance for the development of countries of origin, transit and destination, which requires coherent and comprehensive responses. We will cooperate internationally to ensure safe, orderly and regular migration involving full respect for human rights and the humane treatment of migrants regardless of migration status, of refugees and of displaced persons.” 

This objective is further concretized in SDG target 8.8: “Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment” and in SDG target 10.7: “Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies”.

Labour standards

When adopting the 2030 Agenda the world’s leaders declared that “In doing so, we reaffirm our commitment to international law and emphasize that the Agenda is to be implemented in a manner that is consistent with the rights and obligations of states under international law.” Indeed, the 2030 Agenda “has a strong normative character and sets a truly human rights centred path for sustainable development. (…) that underlines the correspondingly central role of international labour standards in its realization.”

Rights at work are addressed in international labour standards, which include binding Conventions and non-binding Recommendations, Codes of Practice and guidelines. International labour standards are debated, constructed and adopted by means of a tripartite process involving governments, workers, and employers, thus reflecting broad support for those standards from the social partners, who are the key actors in the economy. Standards are adopted by a two-thirds majority vote of the ILO’s constituents and are therefore an expression of universally acknowledged principles. At the same time, they reflect the fact that countries have diverse cultural and historical backgrounds, legal systems and levels of economic development. Indeed, most standards have been formulated in a manner that makes them flexible enough to be translated into national law and practice with due consideration of these differences. Other standards have so-called “flexibility clauses” allowing states to lay down temporary standards that are less stringent than those normally prescribed, to exclude certain categories of workers from the application of the Convention or to apply only certain parts of the instrument. 

Since 1919, the ILO has adopted 189 Conventions, 6 Protocols and 204 Recommendations covering a wide range of issues related to the world of work. In addition, dozens of Codes of Practice have been developed. As can be expected, some of these instruments no longer correspond to today’s needs. The ILO Governing Body has reviewed all ILO standards adopted before 1985 and determined that some 71 conventions, including the fundamental conventions and those adopted after 1985 remain fully up-to-date and should be actively promoted, and that the remainder require revision or withdrawal. This work is ongoing, and the Governing Body decided in 2016 to review 235 international labour standards organized into 20 thematic sets of instruments.

Conventions, even if not ratified by a member State, and Recommendations which do not need to be ratified, both provide solid policy directions for a wide range of employment and labour issues and therefore serve as a major resource for action in any of these areas. They must be considered when tackling any economic, social or developmental issue, inevitably linked to productive activity. The tripartite nature of the discussions leading to Conventions and Recommendations provides a sound basis for the provision of advice or the promotion of policies in support of the international agenda, including the 2030 Agenda. As Conventions are binding international treaties, once ratified, they enable the establishment of agreements and partnerships to carry out any development strategy at the local and national levels. The ILO’s unique supervisory bodies engage governments in dialogue on the application of standards and serve as useful sources of information on law and practice in particular countries.

International labour standards are being used for a number of purposes:

• As models for national labour law: International labour standards serve as templates for developing national law and practice in a particular field. Even if a country does not ratify a particular Convention, it may still bring its legislation into line with it;
• As sources of international law applied at the national level: In many countries, ratified international treaties apply automatically at the national level. Their courts are thus able to use international labour standards to decide cases on which national law is inadequate or silent or to draw from definitions set out in the standards, such as “forced labour” or “discrimination”.
• As guidelines for social policy: International labour standards can provide guidance for developing national and local policies, such as work and family policies. They can also be used to guide improvements in administrative structures such as labour administration, labour inspection, social security administration, employment services, etc. Standards can also serve as a source of sound industrial relations applied by labour dispute resolution bodies, and as models for collective agreements.
• As a legal or policy basis for other areas: For example, increasing consumer interest in the ethical dimensions of products has led multinational enterprises to adopt voluntary codes of conduct to improve labour conditions along global supply chains. Reports on the application of standards are regularly submitted to the United Nations human rights bodies and other international entities. Advocacy groups and NGOs draw on international labour standards to call for changes in policy, law or practice. A number of countries and regional organizations have incorporated respect for international labour standards into their bilateral, multilateral or regional trade agreements.

In addition to the explicit commitment to human rights cited above, the 2030 Agenda Preamble, Declaration, Goals and Targets contain many references to human rights. Among them are two of particular importance to the world of work, SDG target 8.8: “protect labour rights of all workers, including migrant workers, particularly women migrants, and those in precarious employment” and target 16.3 “promote the rule of law at the national and international levels, and ensure equal access to justice for all”.