Towards decent work in the digital age: introducing the fairwork project in Germany

AbstractThe Fairwork Project is an international action-research project that currently operates in over 20 countries. The project focuses on working conditions in the platform economy, in order to develop ‘fairness ratings’ for digital labour platforms. With respect to Germany, the project evaluated the working conditions offered by ten digital labour platforms, by scoring them against the Fairwork principles and producing a national league table. We found that even in a highly regulated labour market context like the German one, platform workers experience precarity and insecurity and have limited access to employment rights. A number of platform workers are classified as employees rather than self-employed, and this guarantees a number of employment rights, including entitlement to minimum wage, health and safety protection and social protection. However, the existence of an employment relationship does not necessarily ensure platform work to be fair as other factors, including the existence of complex networks of subcontracting, erode labour standards and deprive workers of basic employment rights.Practical Relevance: While there are tens of millions of digital platform workers around the world performing functions essential to society—as demonstrated drastically by the Covid-19 pandemic—by supplying food, care and passenger transportation services, many platform workers face low pay, precarity as well as poor and dangerous working conditions. Exposing fracture lines of inequalities affecting particularly women, migrants and minority-ethnic groups who form the core part of the gig workforce, the international Fairwork research project aims not just to understand the gig economy, but to change it.

Download Full-text

RURAL EMPLOYMENT AND DECENT WORK IN ROMANIA

Annals of Spiru Haret University Economic Series ◽

10.26458/1822 ◽

2018 ◽

Vol 18 (2) ◽

pp. 53-62

Author(s):

Laura PATACHE ◽

Claudiu CHIRU ◽

Mihaela BEBEȘELEA

Keyword(s):

Working Conditions ◽

Social Protection ◽

Decent Work ◽

Rural Employment ◽

Wage Work ◽

2030 Agenda ◽

Labour Standards ◽

Work Programme ◽

Sustainable Economic Growth ◽

Work Goals

The aim of this paper is to study the Romanian rural employment and its perspective to achieve the decent work goals. The United Nation’s 2030 Agenda for Sustainable Development aims to ‘promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all’ (Goal 8 of 17, 2015). The decent work is a desideratum that reflects on the wellbeing of the population. The ILO’s Rural Employment and Decent Work Programme aims at minimizing rural decent work deficits that include higher rates of un- and under-employment (especially among youth and women); an alarming prevalence of child labour; a higher incidence of precarious work as wage work is mostly seasonal or casual; widespread informal activities; limited social protection; exposure to adverse working conditions due to poor labour standards coverage and monitoring; and little or no unionization or social dialogue

Download Full-text

The ILO and Transformation of Labour Law

International Labour Organization and Global Social Governance ◽

10.1007/978-3-030-55400-2_2 ◽

2020 ◽

pp. 17-49

Author(s):

Ulla Liukkunen

Keyword(s):

Trade Unions ◽

Multinational Enterprises ◽

Social Protection ◽

Decent Work ◽

Labour Law ◽

Labour Rights ◽

Contractual Arrangements ◽

Labour Standards ◽

International Labour Standards

Abstract The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.

Download Full-text

Humanitarian Work and Organizational Psychology

Oxford Research Encyclopedia of Psychology ◽

10.1093/acrefore/9780190236557.013.828 ◽

2021 ◽

Author(s):

Stuart C. Carr

Keyword(s):

Working Conditions ◽

Low Income ◽

Social Protection ◽

Focal Point ◽

Organizational Psychology ◽

Sustainable Livelihood ◽

International Labor Organization ◽

Decent Work ◽

People First ◽

Humanitarian Work

Humanitarian simply means putting people first. Humanitarian work and organizational psychology puts people first in at least two major ways. One is by enabling humanitarian workers and organizations (like aid charities, for instance) to become more effective in what they do. The other is by aiming to help make working conditions, regardless of sector or type of work, humanitarian. Before the COVID-19 pandemic, the International Labor Organization (ILO) associated the world of work with a range of inhumane and unsustainable working conditions. A ‘new normal’ for working conditions was insecure, precarious work, working poverty, and income inequality. Viewed through this lens, the COVID-19 virus became a disruptor, with the potential to either set back or dramatically advance the preexisting 2016–2030 United Nations Sustainable Development Goals (SDGs). The SDGs had been focusing, and subsequently refocused minds even more, on “eradicating poverty in all its forms,” everywhere. A focal point within humanitarian work and organizational psychology is that any eradication of poverty, post COVID-19, must include not simply a return to 2019-style economic slavery-like conditions but unfettered access to sustainable livelihood. Humanitarian work and organizational psychology arguably contributes toward advancing the SDGs, and putting people first, in at least four main ways. Using the metaphor of a house, first its foundations are ethical (serving empowerment rather than power), historical (in humanitarian work and human services like employee assistance programs), conceptual (replacing the idea of “job” with sustainable livelihood), and political (advancing new diplomacies for bending political will to humanitarian evidence and ethics). Second, its levels are systemic, spanning individual (e.g., selecting for humanitarian values), organizational (e.g., helping food banks during the COVID-19 pandemic, providing startup training for business entrepreneurs in low-income neighborhoods), and societal (advocating for humanitarian interventions like wage subsidies and other forms of social protection). Third, its spaces traverse poverty lines; minimum, living, and maximum wages; formal and informal sectors; and transitions and transformations among unemployment, underemployment, and decent work. Fourth, its vistas include promoting livelihood security for all by balancing automation with social protection like universal basic income (UBI), and organizational social responsibility (protecting the biosphere). In these ways we may also sustain our own livelihoods, as humanitarian work and organizational psychologists.

Download Full-text

Using Criminal Law to Enforce Statutory Employment Rights

Criminality at Work ◽

10.1093/oso/9780198836995.003.0003 ◽

2020 ◽

pp. 53-69

Author(s):

David Cabrelli

Keyword(s):

Criminal Law ◽

Civil Law ◽

Health And Safety ◽

Market Regulation ◽

Legal Enforcement ◽

Labour Market Regulation ◽

Labour Standards ◽

The Individual ◽

The Right ◽

Employment Rights

This chapter examines the current terrain of criminal law as a technique of labour market regulation. It identifies a range of possible interactions between the criminal law and civil law in the legal enforcement of labour standards. Sometimes fundamental labour rights, such as the right not to be unfairly dismissed or the right not to be discriminated against, are protected exclusively through a ‘private’ enforcement model at the initiative of the individual right-holder. Sometimes there will be exclusive enforcement through the criminal law with no private right of civil action, as under the Health and Safety at Work Act 1974. Finally, there may be mixed enforcement regimes where there is a combination of criminal and civil measures linked to specific statutory rights, as with the enforcement of the National Minimum Wage Act 1998.

Download Full-text

Unacceptable Forms of Work in the Thai Sex and Entertainment Industry

Anti-Trafficking Review ◽

10.14197/atr.201219127 ◽

2019 ◽

pp. 108-126

Author(s):

Leo Bernardo Villar

Keyword(s):

Human Rights ◽

Civil Society ◽

Sex Work ◽

Working Conditions ◽

Sex Workers ◽

Social Protection ◽

Entertainment Industry ◽

Decent Work ◽

Civil Society Organisations ◽

Police Harassment

This article examines the working conditions in sex and entertainment work in Thailand using the Unacceptable Forms of Work (UFW) Framework. Criminalisation of sex work and insufficient oversight of labour conditions increase the vulnerability of sex workers to police harassment; prevent sex workers from accessing legal and social protections; and contribute to the decent work deficit in the sector. Protecting the human rights of sex workers and ensuring decent work in the Thai sex and entertainment industry necessarily involves the decriminalisation of sex work; amending labour and social protection laws, policies, and systems to be inclusive of sex workers; and ensuring implementation. Throughout the process of policy change, the involvement of sex workers, their employers, and civil society organisations is crucial.

Download Full-text

FORMATION GENESIS AND MODERN CONTENT FOR THE CONCEPT OF DECENT WORK

Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies ◽

10.17721/1728-2195/2019/4.111-12 ◽

2019 ◽

pp. 62-67

Author(s):

I. Sakharuk

Keyword(s):

Working Conditions ◽

Social Protection ◽

Economic Status ◽

Well Being ◽

International Standards ◽

Decent Work ◽

Equal Rights ◽

Labour Relations ◽

Social Dialogue ◽

Productive Employment

The article is aimed at researching the concept of decent work as a strategic direction of the labour legislation development in XXI century. De- cent work is considered as the basis for sustainable development, overcoming poverty and income inequality. The author analyses the stages of formation and development of the concept of decent work in the International Labour Organization (ILO) activity. It also determines the content of the basic dimensions of decent work for ILO standards. There are such elements of the concept of decent work as the fundamental principles and rights at work, the promotion of productive employment, social protection, social dialogue. The need for defining qualitative and quantitative indica- tors to measure progress towards decent work in each country is emphasized. The need for decent work is especially relevant in the modern period, due to the deepening of the human-oriented approach to regulating rela- tions in the field of work. The broader content of the substance of social protection has been identified in comparison with national doctrine, includ- ing measures for social security and protection of workers, as well as working conditions. It is emphasized that nowadays the decent work is the safe work. It is concluded that social dialogue is the key to achieving the goals of decent work, balancing the interests of the state, employees and employers in the field of work. The article summarises scientific approaches to determining the content and objectives of decent work nowadays. The purpose of the concept of decent work is defined as ensuring productive employment, decent working conditions, and opportunities for professional and personal devel- opment of employees on the basis of equality, fairness and security. It is emphasised that the complexity of the concept of decent work, the realiza- tion of this concept will affect not only labour relations, but also at the standard of living of employees and society as a whole. The implementation of international standards for the decent working conditions, decent wages, ensuring equal rights and opportunities allows improving the well- being of employees, their economic status, and also affects the level of the country's economic development.

Download Full-text

Domestic workers in New Zealand and the implications of International Labour Organization Convention No. 189

10.26686/wgtn.17006791.v1 ◽

2021 ◽

Author(s):

◽

Rachel Hyde

Keyword(s):

New Zealand ◽

Social Protection ◽

Domestic Work ◽

Health And Safety ◽

Domestic Workers ◽

International Labour Organization ◽

Decent Work ◽

Domestic Worker ◽

Human Rights Act ◽

Low Pay

<p>There are an estimated 52.6 million domestic workers in the world, 83 per cent of whom are women, and many of whom work in poor conditions for low pay. Globally, domestic work is an under-regulated and under-valued sector. In an effort to address the precariousness of domestic work, the International Labour Organization adopted Convention No 189, concerning decent work for domestic workers. The Convention came into force on 5 September 2013. It provides for global minimum standards in areas in respect to which domestic workers should enjoy employment and social protection. The rights of domestic workers in New Zealand are addressed in a number of pieces of legislation, including the Employment Relations Act 2000, the Health and Safety in Employment Act 1992, and the Human Rights Act 1993. Although some categories of domestic worker receive protection under the legislation, others do not. This paper argues that the coverage of domestic workers in New Zealand is confusing and incomplete. For many domestic workers in New Zealand low pay and poor working conditions are a reality. If New Zealand’s domestic workers are to receive the same protection as other New Zealand employees and those domestic workers in nations that have ratified Convention No 189, then ratification of the Convention and associated domestic legislative change may be necessary to bring domestic law into line with international labour law. In the absence of ratification there are a number of options that could be pursued to improve the working lives of domestic workers in New Zealand.</p>

Download Full-text

Decent work for the digital platform workers. A preliminary survey in Beijing

Digital Law Journal ◽

10.38044/2686-9136-2021-2-1-48-63 ◽

2021 ◽

Vol 2 (1) ◽

pp. 48-63

Author(s):

Y. Xu ◽

D. Liu

Keyword(s):

Social Protection ◽

Health And Safety ◽

Full Time ◽

Decent Work ◽

Digital Platform ◽

Overtime Work ◽

Long Run ◽

The Status ◽

Level 3 ◽

Dispute Settlements

This paper discusses the status and implications of the employment relations and working conditions experienced by digital platform workers; the analysis is based on a survey conducted in 2017 on 1 338 workers engaged in work-on-demand via apps (WODVA) from 25 platforms in Beijing, of whom 48.8 % are full-time WODVA workers or take WODVA as their primary job. The survey ﬁnds that nearly a half of the respondents engage in platform work due to a lack of employment opportunities in formal labor markets or their permanent jobs providing insufﬁcient income. The respondents reveal substantial decent work deﬁcits in representation, compensation, job stability, social protection, working time, and health and safety: 1) WODVA workers seldom have any voice in labor dispute settlements and have a very low rate of unionization; 2) about one third of the full-time WODVA workers cannot earn a living wage and 7.6 % of them earn less than the minimum wage level; 3) three quarters of the full-time WODVA workers have no labor contract with the platforms or other employers, nor access to employer-contributed social insurances; 4) overtime work and underemployment coexist among full-time respondents, with nearly 10 % working for fewer than 4 hours per day while nearly 10 % work for more than 11 hours per day; 5) a majority of respondents run a higher risk of occupational health or physical risks, without any protection provided by the platforms or employers. To promote decent work by digital platform workers, the State needs to establish a portable social security system extending to all workers, to facilitate association and collective actions of platform workers either by extending the outreach of traditional unions or fostering new forms of organizations, to leverage digital technology to facilitate platform workers’ organization and information sharing, and even to promote universal basic income and a workers’ cooperative of platforms in the long run.

Download Full-text