Work and Wages
ILO Conventions on work and wages:
Minimum wage
The minimum wage must cover the living expenses of the employee and his/her family members. Moreover it must relate reasonably to the general level of wages earned and the living standard of other social groups.
Regular pay
Wages must be paid regularly.
Overtime compensation
Working overtime is to be avoided. Whenever it is unavoidable, extra compensation is at stake - minimally the basic hourly wage plus all additional benefits you are entitled to. In accordance with ILO Convention 1, overtime pay rate should not be less than one and a quarter times (125%) the regular rate.
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Annual Leave and Working on weekly and Public Holidays
ILO Conventions in weekly rest days and paid annual leave.
Paid holiday
An employee is entitled to at least 21 consecutive paid annual leave. National and religious holidays are not included. Collective agreements must provide at least one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid.
Pay on Public holidays
You should be entitled to paid leave during national and officially recognized public holidays.
Weekly Rest Day
Workers should enjoy a rest period of at least twenty-four consecutive hours in every 7 day period, i.e., a week.
Compensatory holidays
If you have to work on a national/religious holiday or a weekly rest day, you should be entitled to compensation. Not necessarily in the same week, provided that the right to a paid compensation is not forfeited.
Weekend/Public Holiday work compensation
If you have to work during the weekend, you should thereby acquire the right to a rest period of 24 uninterrupted hours instead. Not necessarily in the weekend, but at least in the course of the following week. Similarly, if you have to work on a public holiday, you must be given a compensatory holiday. A higher rate of pay for working on a public holiday or a weekly rest day does not take your right to a holiday/rest day.
Employment Security
ILO Convention on employment termination
The questions under this section measure the security or even flexibility or precariousness of an employment relationship. Although these are not clearly mentioned in a single convention (severance pay and notice requirement are provided in the Termination of Employment Convention No. 158) however, the best practices in the field require that employees be provided with a written contract of employment; workers on fixed term contracts should not be hired for tasks of permanent nature; a reasonable probation period (ideally lower than or equal to 6 months) may be followed to assess the suitability of an employee; a period of notice must be specified in an employment contract before severing the employment relationship; and workers be paid severance allowance on termination of employment relationship.
Written Employment Particulars
A contract of employment may be oral or written however workers should be provided with a written statement of employment at the start of their employment.
Fixed Term Contracts for Permanent Tasks
Fixed Term Contract workers must not be hired for permanent tasks as it leads to precarious employment.
Probation Period
A reasonable probation period must be provided to a worker to learn new skills. A newly hired employee may be fired during probation period without any negative consequences.
Notice Requirement
A reasonable notice period, depending on the length of service of an employee, may be required before an employer may sever the employment relationship.
Severance Pay
Employers may be required to pay a severance allowance on termination of employment (due to redundancy or any other reason except for lack of capacity or misconduct)
Family Responsibilities
ILO Conventions on family responsibilities:
Paternity Leave
This is for the new fathers around the time of child birth and is usually of shorter duration.
Parental Leave
The accompanying recommendation (No. 165) to ILO Convention on Family Responsibilities provides for parental leave as an option available to either parent to take long leave of absence (paid or unpaid) without resigning from work. Parental leave is usually taken once the maternity and paternity leave have been exhausted. For working parents, laws may define the portion of parental leave that has to be compulsorily taken by fathers or mothers.
Work-Life Balance
Recommendation 165 asks for looking into measures for improving general working conditions through flexible work arrangements.
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Maternity at Work
ILO Conventions on maternity and work:
An earlier Convention (103 from 1952) prescribed at least 12 weeks maternity leave, 6 weeks before and 6 weeks after. However, a later convention (No. 183 from year 2000) requires that maternity leave be at least 14 weeks of which a period of six weeks compulsory leave should be after childbirth.
Free medical care
During pregnancy and maternity leave, you should be entitled to medical and midwife care without any additional cost.
No harmful work
During pregnancy and while breastfeeding, you should be exempt from work that might bring harm to you or your baby.
Maternity leave
Your maternity leave should last at least 14 weeks.
Income
During maternity leave, your income should amount to at least two thirds of your preceding salary.
Protection from Dismissals
During pregnancy and maternity leave, you should be protected from dismissal or any other discriminatory treatment.
Right to return to same position
Workers have the right to return to same or equivalent position after availing maternity leave.
Breast Feeding Breaks
After child birth and your rejoining your organization, you must be allowed paid nursing breaks for breast-feeding your child.
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Health and Safety at Work
ILO conventions on health and safety at work:
Employer cares
Your employer, in all fairness, should make sure that the work process is safe.
Free protection
Your employer should provide protective clothing and other necessary safety precautions for free.
Training
You and your colleagues should receive training in all work related safety and health aspects and you should have been shown the emergency exits.
Labour Inspection System
In order to ensure workplace safety and health, a central, independent and efficient labour inspection system should be present.
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Work and Sickness
ILO conventions on Sickness and Employment Injury:
Income when sick
Your rights to work and income should be protected when illness strikes. The national labour law may provide that sickness benefit may not be paid during the first 3 days of your absence.
Minimum income
Minimally you should be entitled to an income during first 6 months of illness. This income should be at least 45 per cent of the minimum wage. (Countries are free to opt for a system which guarantees 60 per cent of the last wages during the first 6 months of illness or even during the first year). You should be entitled to paid sick leave.
Job security
During the first 6 months of your illness, you should not be fired.
Disability benefit
Whenever you are disabled due to an occupational disease or accident, you ought to receive a higher benefit. In the case of temporary or total incapacity/disability, a worker may at least be provided 50% of his average wage while in the case of fatal injury, the survivors may be provided with 40% of the deceased worker's average wage in periodical payments.
Social Security
ILO Conventions on social security:
Pension Rights
In the normal circumstances, the pensionable age may not be set higher than 65 years of age. If retirement age is fixed above 65 years, it should give "due regard to the working ability of elderly persons" and "demographic, economic and social criteria, which shall be demonstrated statistically". Pension can be set as a percentage of the minimum wage or a percentage of the earned wage.
Dependent's Benefit
When the breadwinner has died, the spouse and children are entitled to a benefit, expressed as a percentage of the minimum wage, or a percentage of the earned wage. This must at least be 40% of the reference wage.
Unemployment Benefit
For a limited period of time, the unemployed has a right to unemployment benefit set as a percentage of the minimum wage or a percentage of the earned wage.
Medical Care
Employees and their family members should have access to the necessary minimal medical care at an affordable cost.
Invalidity Benefit
Invalidity benefit is provided when a protected person is unable to engage in a gainful employment, before standard retirement age, due to a non-occupational chronic condition resulting in disease, injury or disability. Invalidity Benefit must at least be 40% of the reference wage.
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Fair Treatment at Work
ILO Conventions on fair treatment at work:
Equal Pay
At workplaces equal pay for men and women for work of equal value is a must, regardless of marital status. Pay inequality based on race, colour, sex, religion, political opinion, national extraction/place of birth or social origin is also forbidden. A transparent remuneration system and the clear matching of pay and position should be in place and to help prevent wage discrimination.
Sexual Harassment
Not clearly provided in ILO Conventions. However, sexual intimidation/harassment is gender discrimination.
Non-Discrimination
Your employer can't discriminate against you on in any aspect of employment (appointment, promotion, training and transfer) on the basis of union membership or participation in union activities, filing of a complaint against an employer, race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, temporary absence due to illness, age, trade union membership, disability/HIV-AIDS, or absence from work during maternity leave. (Conventions 111, 156, 158, 159 and 183)
Right to work
People have the right to work and there can't be occupational segregation on the basis of gender.
Children at Work
ILO Conventions about working children:
Children under 15
At workplaces, children may not be forced to perform work that could harm their health and hampers their physical and mental development. All children should be able to attend school. Once this is safeguarded, there is no objection against children performing light jobs between the ages of 12 and 14.The general minimum age is 15 years however developing countries may set this at 14 years. The minimum age for hazardous work, work that is likely to jeopardize the health, safety or morals of young persons, is 18 years. It can also be set at a lower level of 16 years under certain circumstances.
Hazardous Work
Children should not be employed in a work that is likely to harm the health, safety or morals of children. It is considered one of the worst forms of child labour. The minimum age for such hazardous work is 18 years.
Forced Labour
ILO Conventions on Forced/Bonded labour:
Forced labour is the work one has to perform under threat of punishment: forfeit of wages, dismissal, harassment or violence, even corporal punishment. Forced labour means violation of human rights.
Prohibition on Forced and Compulsory labour
Except for certain exceptions, forced or compulsory labour (exacted under the threat of punishment and for which you may not have offered voluntarily) is prohibited.
Freedom to change jobs
Employers have to allow you to look for work elsewhere. If you do, you should not be shortened on wages or threatened with dismissal. (In the reverse cases, international law considers this as forced labour).
Trade Union Rights
ILO Conventions on trade union rights:
Trade union at work and Collective Bargaining
Trade unions are entitled to negotiate with employers on term of employment without hindrance. The freedom of a trade union to negotiate with employers to try and conclude collective agreements is protected. (The ILO has a special procedure for handling complaints from unions about violation of this principle).
Freedom to join and form a union
Freedom of association means freedom to join a trade union. This is part of the fundamental human rights. Employees may not be put at a disadvantage when they are active in the trade union outside working hours.
Right to strike
Workers have the right to strike in order to defend their social and economic interests. It is incidental and corollary to the right to organize provided in ILO convention 87.
