A/HRC/31/32 reduce administrative and tax burdens to encourage formalization,78 especially in small and medium enterprises; facilitate financial services and international cooperation; and give special attention to disadvantaged groups. Lack of formalization in relation to an employment contract or the employer’s activity cannot be a reason for depriving a worker of the rights provided to formally hired workers, including trade union rights. 79 3. Prevention of fraud and discriminatory exclusions 48. The State’s duty to ensure equal enforcement of the legal standards protecting the rights of workers constitutes an immediate obligation. The applicability of labour laws should not be subject to the discretion of employers or authorities, waived by the employee,80 or circumvented by fraudulent mechanisms designed to conceal factual employment status (such as falsely attributing a non-working character to a contract or hiding the true employer). Inspectorates and access to legal remedies must be made readily available. Moreover, the law itself must respect equal treatment. The arbitrary exclusion by law of certain types of workers from the general definition of employment constitutes a violation of the right to work. As highlighted by the Committee on Economic, Social and Cultural Rights, legislation must ensure that domestic and agricultural workers receive the same level of protection as other workers.81 4. Self-realization and content of work 49. The interdependence of the rights to work, health and the full development of the human personality calls for attention to the qualitative aspect of employment. Decent work should provide reasonable opportunities for self-realization and the enhancement of selfesteem. The Declaration of Philadelphia declares as a goal in article III (b) the employment of workers in the occupations in which they can have the satisfaction of giving the fullest measure of their skill and attainments and make their greatest contribution to the common well-being. In its 2008 Declaration, ILO refers to work in which individuals can develop their skills in order to achieve personal fulfilment and the common well-being. 50. The right to work includes basic requirements of qualitative content of the activity, which should not be meaningless or excessively repetitive or exhausting. Workplace conditions82 that enhance self-realization include respect for the fundamental political and economic freedoms of the individual; the possibility of cooperation and dialogue between workers and with the organization’s management; recognition of the worker’s contribution; career prospects and professional development;83 the promotion of the physical and mental health of the worker; respect for individuality and morality; the absence of discrimination and sexual and moral harassment; and respect. It is the duty of the State to implement and protect this right and to enforce the duty of employers to respect it. 5. Protection against unfair deprivation of work 51. The right to work entails a right not to be deprived of work unfairly. Failure to protect workers against unlawful dismissal is a violation of the obligation to protect the right to work.84 The Committee on Economic, Social and Cultural Rights has recalled ILO 78 79 80 81 82 83 84 14 Mexico reports recent initiatives in this regard. ILO, General Survey (2012), para. 53. Guatemala, Paraguay and Serbia stress in their contributions that, under their national constitutions, workers’ rights are not subject to waiver or limitation by contract. See ILO, General Survey (2012), para. 742. Hungary underlines the State’s duty to ensure the legislative, organizational and institutional conditions of occupational health and safety. International Covenant on Economic, Social and Cultural Rights, art. 7 (ii) (c). General comment No. 18, paras. 4, 6 and 35.

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