A/HRC/31/32 Convention No. 158, which imposes the requirement to provide valid grounds for dismissal connected with the capacity or conduct of the worker or with the operational requirements of the undertaking, such as economic, technological, structural or similar reasons. The aim of Convention No. 158 and its accompanying Recommendation No. 166 is to ensure the employer’s right to dismiss a worker for a valid reason and the worker’s right not to be deprived of work unfairly. The purpose of the instruments is therefore to provide a balance between the interests of the employer and those of the worker and to promote the use of social dialogue as a means of achieving that balance.85 52. The absence of a legal burden on the employer to provide a valid reason for dismissal exposes the worker to threats, discrimination and abuse. Adequate safeguards should consider a distinct treatment between dismissals based on an objective reason where a severance allowance system and/or unemployment insurance exists, on the one hand, and dismissals without any reason or based on unfair grounds, where the violation of workers’ rights is more severe, on the other hand. Adequate protection in the latter cases may include reinstatement and/or the payment of compensation. Fair procedures and access to an impartial body are also required as a guarantee of defence in the event of alleged justifications of dismissal based on performance or the employee’s conduct; additional procedures in case of collective dismissal include the notification to a competent authority, such as the labour inspectorate.86 6. Recognition and protection of self-employed work 53. The right to work encompasses all forms of work, whether independent work or dependent, wage-paid work.87 Human work is worthy of social value in its various forms. 88 Although some rights, such as paid holidays, are specific to wage-paid workers, selfemployed and cooperative workers also have the right to just and favourable conditions of work.89 The appreciation of other forms of work depends on two conditions: (a) that it does not undermine the definition or the protection of waged work; and (b) that regardless of the different protection schemes applicable to unwaged workers, they should enjoy just and favourable conditions of work equivalent to wage-paid workers. 54. The national employment strategy must respect and protect self-employment as long as it enables workers and their families to enjoy an adequate standard of living.90 Selfemployed and cooperative workers should also have the right to protection against discrimination, safe and healthy occupational conditions, maternity protection, freedom of association, freedom of disposal of their remuneration and protection from unemployment. 85 86 87 88 89 90 See report of the Tripartite Meeting of Experts to Examine the Termination of Employment Convention, 1982 (No. 158), and the Termination of Employment Recommendation, 1982 (No. 166). France, Serbia and Turkey underline their legal protection against unfair dismissal, including the right of defence prior to dismissal on the basis of the worker’s conduct or performance. General comment No. 18, para. 6. Committee on Economic, Social and Cultural Rights, concluding observations on Chad (E/C.12/TCD/CO/3): “The Committee is concerned that the State party’s social security system does not provide universal coverage and that a large number of vulnerable and marginalized groups, such as casual workers and the self-employed, are excluded” (para. 18). Committee on Economic, Social and Cultural Rights, concluding observations on Ecuador (E/C.12/ECU/CO/3): “The State party [should] develop mechanisms for monitoring the implementation of the Labour Rights Protection Act and the Act in Support of Retailers, Selfemployed Persons and Microentrepreneurs in order to ensure that working conditions for all persons in the State party are fair and decent” (para. 15). General comment No. 18, para. 44. 15