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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents