We explain what the right to work is, its role in society and the obligations of States to guarantee it.
What is the right to work?
The right to work is one of the human rights essential, which confers to all individuals equally the Liberty to choose and perform a job in fair and satisfactory conditions, without having to suffer discrimination of any kind.
It also requires that all employee receive a decent remuneration for their efforts, as well as just social protection and the right to organize, as stipulated in the laws.
In this way, the right to work constitutes a fundamental principle to regulate and agree on the relations of production in the modern world, and to combat situations of oppression and labor segregation, such as the slavery of any kind, unworthy or precarious work, and job discrimination based on race, sex or any other reason.
Basically, it is about the fundamental right to earn an honest living and to enjoy:
- Union or union representation before the public powers and private.
- Paid holidays and social security: maternity and paternity leave, sickness and disability leave, etc.
- Opportunities for growth and improvement according to your efforts.
The right to work is enshrined, like other fundamental human rights, in numerous laws nationals. For example, article 123 of the Mexican Constitution reads: “all person you have the right to decent and socially useful work; to this end, the creation of jobs and the social organization of work will be promoted, in accordance with the law ”.
The same occurs with international treaties on the matter, such as the Universal Declaration of Human Rights of the United Nations, Article 23 of which states: "Everyone has the right to work, to free choice of work, to just and satisfactory working conditions, and to protection against unemployment."
Later he adds: “Everyone has the right without any discrimination to equal salary for equal work done ”and“ Everyone has the right to found unions and to organize for the defense of their interests ”.
State obligations
In order for the right to work to be respected, it is necessary to cooperation active and participatory of state, since they embody the can politician capable of negotiating between third parties and guaranteeing peace necessary to maintain the productivity. This is understood as a set of obligations, such as:
- Adopt measures for the adequate regulation and supervision of work, ensuring compliance with the rights of the worker.
- Employ its competent bodies to protect workers from unjustified dismissal, employment discrimination or exploitation.
- Mediate in cases of conflict, lawsuits or litigation, and in the event that it is necessary to remedy the situation through the reinstatement or compensation of the aggrieved worker.
- Promote the structures for the effective and efficient unionization and unionization of the workers, in accordance with the provisions of the law.