Right to Work (Article 15)
56. Article 15: “Every individual shall have the right to work under equitable and
satisfactory conditions, and receive equal pay for equal work.”
57. The right to work is essential for the realisation of other economic, social and cultural
rights. It forms an inseparable and inherent part of human dignity, and is integral to
an individual’s role within society. Access to equitable and decent work, which
respects the fundamental rights of the human person and the rights of workers in
terms of conditions, safety and remuneration,xviii can also be critical for both survival
and human development.
58. The right to work should not be understood as an absolute and unconditional right to
obtain employment. Rather, the State has the obligation to facilitate employment
through the creation of an environment conducive to the full employment of
individuals within society under conditions that ensure the realisation of the dignity of
the individual. The right to work includes the right to freely and voluntarily choose
what work to accept.
59. The right to work includes the following obligations of the State to:
Minimum Core Obligations
a.
Prohibit slavery and forced labour, which include all forms of work or service
exacted from any person under the menace of any penalty and/or for which the
said person has not offered himself/herself voluntarily. It includes also all forms
of economic exploitation of childrenxix and other members of vulnerable and
disadvantaged groups.
b.
Ensure the right to freedom of association, including the rights to collective
bargaining, to strike and other related organisational and trade union rights.
These rights include the right to form and join a trade union of choice (including
the right not to), the right of trade unions to join national and international
federations and confederations, and the right of trade unions to function freely
without undue interference.
c.
Provide adequate protection against unfair or unjustified arbitrary and
constructive dismissal, and other unfair labour practices.
National Plans, Policies and Systems
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d.
Adopt and implement a national employment strategy and plan of action based
on and addressing the concerns of all workers (in both the formal and informal
sectors) and the unemployed.
e.
Take appropriate steps to realise the right of everyone to gain their living by
work which they freely choose and accept. Such steps include, for example,
technical and vocational guidance and training programmes; policies to achieve
steady economic; social and cultural development and full productive
employment; administration of services to assist and support individuals in
order to enable them to identify and find available employment including the