Labor rights

The International Labour Organization (ILO) was formed in 1919 as part of the League of Nations to protect worker's rights. The ILO later became incorporated into the United Nations. The UN itself backed workers rights by incorporating several into two articles of the Universal Declaration of Human Rights, which is the basis of the International Covenant on Economic, Social and Cultural Rights (article 6–8). These read:

Article 23[2]

1. Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his/her interests.[2]

Article 24[2]

1. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

The ILO and several other groups have sought international labor standards to create legal rights for workers across the world. Recent movements have also been made to encourage countries to promote labor rights at the international level through fair trade.[2]

The International Labor Rights Forum (ILRF) is a nonprofit organization that works on labor rights. Their mission is to achieve dignity and justice for workers worldwide.[3] By working with other organizations around the world, including labor unions and religious organizations, they are able to influence governments and companies for change.[4]

Many labor movement campaigns have to do with limiting hours in the work place. 19th century labor movements campaigned for an eight-hour day. 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 was established in France 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 overtime. In the European Union the working week is limited to a maximum of 48 hours including overtime (see also Working Time Directive 2003).

11Rose Biodo, 1216 Annan St., Philadelphia. 10 years old. Working 3 summers. Minds baby and carries berries, two pecks at a time. Whites Bog, Brown Mills, N.J. This is the fourth week of school and the people here expect to remain two weeks more. Witness E. F. Brown. Location: Browns Mills, New Jersey / .

Labor rights advocates have also worked to combat child labor. They see child labor as exploitative, 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.[17]

It is hard for children to fight for their basic rights, especially at the workplace. They are often being under-treated. Employers take advantage of child labor because they lack the ability to bargain collectively and compromise to work at an unpleasant workplace. Almost 95% of child labor occurs in developing countries. An example of an industry in which instances of child labor leading to severe injury or death[18] that have been noted are cobalt mining in the DRC as well as copper mining in Zambia, where children were reported to be participating in all forms of mining at the expense of their education.[19][20] There is a growing concern that the rising demand for resources that involve child labor for industries such as the production of electric vehicle batteries, will only increase labor rights violations.[21] In India and Pakistan, children work long hours in various industries because of the debt their parents incurred.[22] Poor families sometimes rely on their kids' income to pay bills.In Egypt, about 1.5 million kids under 14 years old are working even though there are child-protective labor laws.[23]

In the United States, the Fair Labor Standards Act of 1938 (FLSA) restricts the employment of children. The FLSA defines the minimum age for employment to 14 years for non-agricultural jobs with restrictions on hours, restricts the hours for youth under the age of 16, and prohibits the employment of children under the age of 18 in occupations deemed hazardous by the Secretary of Labor.[24]

In 2007, Massachusetts updated their child labor laws that required all minors to have work permits.[25]

Labor rights advocates have worked to improve workplace conditions which meet established standards. During the Progressive Era, the United States began workplace reforms, which received publicity boosts from Upton Sinclair's The Jungle and events such as the 1911 Triangle Shirtwaist Factory fire. Labor advocates and other groups often criticize production facilities with poor working conditions as sweatshops and occupational health hazards, and campaign for better labor practices and recognition of workers rights throughout the world.

Recent initiatives in the field of sustainability have included a focus on social sustainability, which includes promoting workers' rights and safe working conditions, prevention of human trafficking, and elimination of illegal child labor from the sustainably sourced products and services.[26] Organizations such as the U.S. Department of Labor and Department of State 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)[27] and the International Finance Corporation performance standards.[26]

The labor movement pushes for guaranteed minimum wage 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.

The benefits and costs of foreign direct investments on labor rights are often argued. Payton and Woo's study shows that even though "workers may not see drastic increases in minimum wages but they will benefit marginally from better enforcement of existing minimum wage laws or other protections granted in law, gradually improving overall working conditions, as more FDI flows in."[28]

Legal migrant workers are sometimes abused. For instance, migrants have faced a number of alleged abuses in the United Arab Emirates (including Dubai). Human Rights Watch 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.[29] Despite laws against the practice, employers confiscate migrant workers' passports. Without their passports, workers cannot switch jobs or return home.[30] These workers have little recourse for labor abuses, but conditions have been improving.[31] Labor and social welfare minister Ali bin Abdullah al-Kaabi has undertaken a number of reforms to help improve labor practices in his country.[29]

The right to equal treatment, regardless of gender, origin and appearance, religion, sexual orientation, is also seen by many as a worker's right. Discrimination in the work place is illegal in many countries, but some see the wage gap between genders and other groups as a persistent problem.

Many migrant workers are not getting basic labor rights mainly because they don't speak the local language, regardless of legal status.[32] Some have noticed that they are not getting the correct amount of money on their paycheck while others are underpaid.

The National Labor Relations Act recognizes undocumented laborers as employees. However, the supreme court case Hoffman Plastic Compounds, Inc. v. NLRB established that backpay could not be awarded to unlawfully fired undocumented employees due to the Immigration Reform and Control Act of 1986.[33] In this court decision, it was also stated that the U.S. would support FLSA and MSPA, without regard to whether or not someone is documented.[34] Undocumented workers also still have legal protection against discrimination based on national origin. The decision of the Hoffman supreme court case primarily has affected undocumented laborers by preventing them from getting backpay and/or reinstatement.[34]

While no undocumented individual is technically able to work in the United States legally, undocumented folks make up 5% of the workforce.[34] In the U.S., people who were born outside of the country tend to work in riskier jobs and have a higher chance of encountering death on the job. The low wage sectors, which many undocumented folks work in, have the highest rates of wage and hour violation.[34] Estimates claim that 31% of undocumented people work in service jobs. Restaurant work in particular has a 12% rate of undocumented workers.

Undocumented people can and have joined labor unions, and are even credited by a 2008 dissertation for "reinvigorating" the labor movement.[34] Because the NLRA protects undocumented workers, it protects their right to organize. However the NLRA excludes workers that are agricultural, domestic, independent contractors, governmental, or related to their employers.[35] The right to speak up against labor abuses was protected further by an immigration reform bill in 2013 with the POWER act, which intended to protect employees who spoke out against labor practices from facing detention or deportation.[35][36]

However, labor unions are not necessarily welcoming of immigrant workers. Within unions, there have been internal struggles, such as when Los Angeles immigrant janitors reorganized service workers. Being a part of the union does not necessarily address all the needs of immigrant workers, and thus winning power within the union is the first step for immigrant workers to address their needs.[37]

Immigrant workers often mobilize beyond unions, by campaigning in their communities on intersectional issues of immigration, discrimination, and police misconduct.[37]

In March 2004, the World Commission on the Social Dimension of Globalization issued a report called "A Fair Globalization: Creating Opportunities for All".[38] The report acknowledges how potential globalization can affect labor rights. Reforming globalization will require cooperation not only within the country but also at the globa; level.[39] It suggests political authorities to "renew their attention to global solidarity".[40]

Workers' rights advocates have been concerned with how globalization can impact labor rights in different countries. Some international agencies and global corporations see strong enforcement will limit a country's economic growth.[41] As companies outsource their work to workers from lower-wage countries, governments will relax their regulation to attract businesses.[41] As a result, poor countries implement a lower labor rights standard to compete with other countries. Layna Mosley's study shows that collective labor rights have declined since the recent global expansion started.[42] By having multiple countries sign agreements and treaties, labor rights are able to be protected across the globe. However, some countries sign it even though they are not planning to follow the rules. Therefore, there might be room for labor rights practices to suffer.[43]

However, some argued that globalization can improve the labor right enforcement by responding to other country's demands. Governments will act in their national interests, so when an important trading country urges for strong labor rights enforcement, they will act accordingly.[44]

Labor unions formed throughout the industries. Labor unions in the crafts discovered difficulty in forming labor unions at different skill levels. These skill groups often got divided in racial and sexist ways. In 1895 the white only International Association of Machinists. Entering the 20th century African Americans moved from the south into the north only to find that there was discrimination in economic opportunities. Racial stereotypes were used to divide the working class and create segregation. This eventually led to the creation of black codes and Jim crow laws to limit the ability for African Americans to create a living for themselves. The Jim Crow laws passed in the 1800's were Laws that forbade African Americans from living in white neighborhoods, along with segregation in public places. these were enforced for public pools, phone booths, hospitals, asylums, jails and residential homes for the elderly and handicapped and more. [45]