Equality at Work and Discrimination in Employment and Occupation

2017 ◽  
Vol 7 (2) ◽  
pp. 67-72
Author(s):  
Amarildo Laci ◽  
Armela Maxhelaku ◽  
Ilir Rusi

Abstract The aim of this paper is to give some general views on international labour standards, regarding equality of opportunity and treatment. It is important to mention that respecting freedom from discrimination, as a fundamental human right, places a great importance in guaranteeing other rights for workers. Equality standards applied by ILO provide methods which aim to fight against discrimination in society and in the workplace of the employers. One part of this paper is focused in analyzing the term “discrimination”, focusing in different forms that can occur at work, the target group which it can affect and measures that can be taken in order to provide equality at work. This paper analyses the scope and the obligations under ILO instruments, such as three fundamental conventions. One of the most important conventions is the convention concerning discrimination regarding occupation and employment, “Discrimination Employment and Occupation” Convention nr. 111. This fundamental convention represents discrimination as every different treatment which has effect on equality of creating same possibilities for everyone in occupation or employment. According to this legal act, it is mandatory the implementation of a national legislation which promotes equality of treatment and opportunity, regarding occupation and employment in general, designed to eliminate all types of different treatment in these fields. This paper is focused especially on analyzing the “Workers with Family Responsibilities” Convention, 1981, which refers to standards on equal treatment and opportunities for both women and men workers. “Workers with Family Responsibilities” Convention, applies to workers with such responsibilities, which restrict their possibilities to involve in an economic activity. The purpose is to provide an effective implementation of standards related to equality of treatment and opportunity for both women and men workers, in order to guarantee free choice of employment to help workers which have family responsibilities and to take into consideration their needs. Furthermore in this paper will be identified the methods that governments should apply, which aim to provide the application of the standard of equal compensation for workers, according to “Equal Remuneration” Convention, 1951 (No. 100).

2002 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
L. A. Visano ◽  
Nicholas Adete Bastine

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.


1995 ◽  
Vol 8 (4) ◽  
pp. 569-588 ◽  
Author(s):  
Rob Lambert ◽  
Donella Caspersz

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Johana K Gathongo ◽  
Adriaan van der Walt

There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts.This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 413-426
Author(s):  
Helena Szewczyk

The improvement in the quality of life of an employed person and his/her sustainable development are the basis of the concept of work-life balance. In this concept, the professional and private spheres are of equal importance and should complement and strengthen each other. The objective of ILO Convention 156 and ILO recommendation 165 related to it, is to ensure equal treatment and equal opportunities in the scope of employment and professional activity of working women and men who fulfill family responsibilities. Art. 33 section 2 of the Charter of Fundamental Rights of the European Union and the European pillar of social rights provides accordingly. The permanence of marriage and equal rights of spouses are among the basic principles of Polish family law. Equal rights of women and men in the context of equal rights of persons carrying out parental and care responsibilities are a fundamental constitutional principle in our country. Therefore, new legal regulations at the EU and national level concerning the balance between the professional and private life of parents and guardians are necessary. It should be de lege ferenda called for the inclusion of the concept of balance between professional and private life of working people who perform parental and guardian functions in labor law and family and guardianship law in a wider scope. It seems that nowadays the most important problem is the introduction of legal solutions in the field of work exemptions, employee holidays and more flexible working hours for employees who have care responsibilities towards the elderly or chronically ill (parents, parents-in-law, siblings) to the Labor Code


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