PROMOTE SUSTAINED, INCLUSIVE AND SUSTAINABLE ECONOMIC GROWTH, FULL AND PRODUCTIVE EMPLOYMENT AND DECENT WORK FOR ALL

The Right to Work as a Human Right

The right to work is promulgated in the ICESCR, particularly in articles 6, 7 and 8. The ICESCR does not only establish the legal recognition for the right to work as a human right, but it also provides the breadth of the concept for the right to work itself, which contains not only the obligation for States to guarantee the access to employment for everyone, but it also specifies the right of every person to just and favorable conditions of work as follows:

  • Fair wages and equal remuneration for work of equal value without distinction of any kind;
  • A decent living for the workers and their families;
  • Safe and healthy working conditions;
  • Equal opportunity in promotion, based on seniority and competence;
  • Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

Furthermore, in addition to the individual dimension of the right to work, the ICESCR also provides the collective right of workers to form and join trade unions of their choice.

In the General Comment No.18, the Committee on Economic, Social and Cultural Rights (CESCR) , as with other rights under the ICESCR, elaborates the basic elements of the right to work, which comprises of some availability, accessibility, acceptability and quality.

In Indonesia, the right to work is enshrined in the 1945 Constitution, particularly in Articles 27 paragraph (2) and 28 paragraph (1). In addition to the recognition of the right to work under the Law No. 11/2005 on the Ratification of the ICESCR, as well as the ratification of various ILO conventions, Indonesia has a domestic Manpower Act No.13/2003, providing legal basis for the protection of most of the decent work elements.

Despite the legal recognition for the right to work, it is estimated that 60 percent of employed people are in vulnerable employment and one in three are ‘low pay’. Trends indicate that the formal economy is being informalized and compliance with minimum wage rates is low.[1]

With regard to collective dimension of the right to work, Indonesia shows a declining trend in trade union number and density. ILO noted that the rate of union density was only around 12 percent of all employees in 2009.[2] Moreover, in addition to Trade Union, labor inspectors also play an important role in ensuring the compliance of employers in fulfilling workers’ rights at workplace, however, the number of these inspectors is still low and insufficient compared to the number of companies in Indonesia.

[1] UNPDF

[2] ILO, Decent Work Country Profile: Indonesia, 2011.

 

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