Sie sind auf Seite 1von 66

International

Labour
Office

DECENT WORK
FOR YOUTH
A TRAINING PACKAGE

DECENT WORK FOR YOUTH - A TRAINING PACKAGE


1 The youth employment policy development process
2 Policy options for youth employment
3 Economic policies for youth employment
4 Labour market policies and institutions for youth
5 Education and training systems and skills development policies
6 Youth entrepreneurship and self-employment
7 Youth rights at work

7
8 Gender, youth employment and self-employment
Youth rights at work

9 789221 302360
DECENT WORK
FOR YOUTH
A TRAINING PACKAGE

Youth rights at work


Copyright © International Labour Organization 2015
First published (2015)

Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention.
Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated.
For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International
Labour Office, CH-1211 Geneva 22, Switzerland, or by email: rights@ilo.org. The International Labour Office welcomes such
applications.
Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with
the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country.
________________________________________

Youth rights at work : Module 7 / International Labour Office. - Geneva: ILO, 015

ISBN: 9789221302360

International Labour Office

youth employment / decent work / workers rights / working conditions / occupational safety

13.01.3

ILO Cataloguing in Publication Data

________________________________________
The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of
material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning
the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers.
The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and
publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them.
Reference to names of firms and commercial products and processes does not imply their endorsement by the International
Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval.
ILO publications and digital products can be obtained through major booksellers and digital distribution platforms, or ordered
directly from ilo@turpin-distribution.com. For more information, visit our website: www.ilo.org/publns or contact ilopubs@ilo.org.

________________________________________

Photo credits: YEPILO/shutterstock


Design by the International Training Centre of the ILO, Turin – Italy
Abstract
This Learning Brief explores: the prevailing decent work deficits young people are
exposed to; the international labour standards that are key for the attainment of decent
work; as well as issues in the application of labour standards and the exercise of rights at
work. Section 1 examines fundamental principles and rights at work. Section 2 explores
youth conditions of work – specifically non-standard work arrangements, wages and
hours of work. The section that follows reviews occupational safety and health for
young workers. The module concludes by summarizing the minimum social protection
guarantees that young people should have over the life cycle.

iii
Table of contents

Abstract iii

Introduction vii

Section 1. Fundamental principles and rights at work 1


1.1. Freedom of association and collective bargaining 3
1.2. The elimination of forced and compulsory labour 4
1.3. Equality and the elimination of discrimination in employment and
occupation 5
1.4. Child labour and its worst forms 9
References used in this section 11

Section 2. Conditions of work 13


2.1. Non-standard work arrangements, precariousness and informality 13
2.2. Wages and working time 18
References used in this section 22

Section 3. Occupational safety and health 25


3.1 Occupational safety and health 25
Key readings 31
References used in this section 31

Section 4. Social protection 33


4.1 Social protection 33
Glossary 38
Relevant international labour standards 40
Key readings 49
Other references used in this section 50
Tools 52

v
INTRODUCTION

Introduction
The International Labour Organization (ILO) has a long-standing concern for the
employment problems faced by young men and women. Most of the ILO’s earlier
youth-related work focused on setting standards to limit and progressively abolish
child labour, protect young workers and provide them with social security.1 In 1959,
the International Labour Conference (ILC) stressed the urgency of taking action on the
special needs of young workers. It called upon member States to develop youth policies
and programmes aimed at progressively applying ILO standards on the employment,
training and conditions of work of young people. Since then the ILO has developed
an important body of standards and guiding principles to address the labour market
challenges faced by young people.

In 2012 the International Labour Conference released the Resolution on The youth
employment crisis: A call for action (ILO Committee on Youth Employment, 2012)
which supplements the Resolution and conclusions on youth employment adopted
by the International Labour Conference in 2005.2 It notes that: i) young people suffer
disproportionately from decent work deficits and low-quality jobs (measured in terms
of working poverty, low pay and exposure to occupational hazards and injury); and
ii)  young workers often lack options in the formal sector or for moving to full-time
employment from part-time, temporary, casual or seasonal employment. The 2012
Resolution proposes a number of policy options that are key for addressing decent work
shortfalls, namely: the adoption of a rights-based approach; ensuring equal treatment;
pursuing the effective enforcement of labour legislation; establishing social protection
mechanisms; promoting the rights to organize and bargain collectively; training young
workers on occupational health and safety; ensuring the observation of minimum wage
legislation; and increasing the awareness of young people about their rights at work.

The adoption of international labour standards (ILS)3 – international Conventions and


Recommendations drawn up by representatives of governments, employers and workers
from around the world – is one of the most powerful means member States have at their
disposal for ensuring that young people enjoy fundamental labour rights and improve
their conditions of work, occupational health and safety and social protection. The sub-
sections that follow will examine: the main decent work deficits young men and women
are exposed to; the international labour standards that are key for the attainment of
decent work for youth; and issues in the application of standards and the exercise

1 Among the earliest Conventions adopted by the ILO were the Night Work of Young Persons (Industry) Convention, 1919 (No.  6), the Medical
Examination of Young Persons (Sea) Convention, 1921 (No. 16), and the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).
2 The full text of the 2012 Resolution on The youth employment crisis: A call for action can be found on the ILO website at: http://www.ilo.org/ilc/
ILCSessions/101stSession/textsadopted/WCMS_185950/lang--en/index.htm. The 2005 Resolution and conclusions on youth employment can be
downloaded at: www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/resolutions.pdf. In its Annex the 2005 Resolution lists all international labour
standards that apply to young people.
3 International Labour Conventions are international treaties, subject to ratification by ILO member States. Recommendations are non-binding
instruments that set out guidelines to help orient national policy and action. Countries that have ratified Conventions report periodically on progress
made. The ILO’s supervisory machinery examines these reports and identifies areas for improvement, if necessary. Some countries decide not to ratify
a Convention, but bring their legislation into line with it anyway. Such countries use ILO standards as models for drafting their laws and policies.

vii
Youth rights at work

of rights at work. The box below summarizes the available evidence on the effect of
international labour standards on employment opportunities and competitiveness at
national level.4

The economic dividend from international labour standards

The economic case for international labour Investment in safety at work pays off at the
standards is grounded on three key elements. individual, enterprise and society level. Research
First, the improvement of social and political shows that there is a strong and positive correlation
stability, to which core labour standards (freedom between the safety and health of the workforce
of association and collective bargaining, and business performance, as well as between
elimination of discrimination, child and forced safety standards and country competitiveness.
labour) contribute to. This contribution is often This does not even take into account the economic
critical to achieving higher levels of foreign costs of work-related injury and illness at national
direct investment. Higher levels of investment level (4 per cent of GDP on average).
can contribute to reducing poverty, by raising
productivity and hence wages. Second, for Although it is widely accepted that the
markets to function effectively, institutions are implementation of labour standards can raise
needed that underpin freedom of choice, equality productivity, there is much debate about their
of bargaining power and availability of information. effects on labour costs – whether labour standards
Freedom of association and the right to organize raise labour costs for employers by more than
can contribute to these institutions. Freedom from they raise productivity, and hence discourage
discrimination raises economic efficiency, by employment. A growing number of studies suggest
ensuring that skills and abilities in the workforce that the supposed negative effects of labour laws
are not wasted through the exclusion from the are either very small or non-existent.
labour market of certain groups of the population
(women, persons with disabilities and those A recent research study based on longitudinal data
marginalized because of their religion, ethnicity or concerning labour law reforms over four decades
national origin). in six OECD countries (France, Germany, Japan,
Sweden, the United Kingdom and the United States)
The elimination of child labour improves long-term suggests that in general labour laws do not lead
economic prospects in that it provides children to higher unemployment, and that some types of
with the opportunity to go to school, which in turn regulations – namely those relating to working time
increases human capital. The final element of and employee representation – may have the effect
the economic case relates to standards such as of reducing it. In addition, labour laws in general –
minimum wages, obligations to provide decent and and laws relating to working time and employee
safe working conditions, and formal social insurance representation in particular  – are correlated with
and social protection systems. Such standards can more egalitarian distributional effects, as measured
raise productivity  – by boosting labour motivation by labour’s share of national income.
and effort, by improving workers’ health and
by inducing employers to adopt new business
strategies. Good wages and working conditions
can reduce wasteful labour turnover, while the
empowerment and security of workers can facilitate Sources: Kucera, 2001; Sengenberger, 2005; Takala et al.,
creativity and cooperation in the workplace. 2012; Deakin, Malmberg and Sarkar, 2014.

4 The effect of labour market institutions (minimum wages, employment protection legislation, trade unions and collective bargaining) on growth and
employment is examined in the Learning Brief on Labour market policies and institutions of this training package, and will not be repeated here.

viii
SECTION 1 Fundamental principles and rights at work

FUNDAMENTAL PRINCIPLES AND SECTION


RIGHTS AT WORK 1
The international labour standards system covers all matters related
to work. The ILO’s constituents have identified eight Conventions as
being “fundamental”. They cover subjects that are seen as fundamental
principles and rights at work for everyone, including young people. These
fundamental principles and rights at work are: freedom of association
and the effective recognition of the right to collective bargaining; the
elimination of all forms of force or compulsory labour; the effective
abolition of child labour; and the elimination of discrimination in respect
of employment and occupation.

The eight fundamental Conventions5 that cover these principles and


rights are:

 Freedom of Association and Protection of the Right to Organise


Convention, 1948 (No. 87)

5 In 2012 the Committee of Experts on the Application of Conventions and Recommendations (CEACR) prepared a General
Survey aimed at giving a global picture of the law and practice in the ratifying and non-ratifying States with respect to these
eight Conventions, highlighting positive initiatives as well as obstacles to implementation. See ILO, 2012.

1
Youth rights at work

 Right to Organise and Collective Bargaining Convention, 1949 (No. 98)


 Forced Labour Convention, 1930 (No. 29)
 Abolition of Forced Labour Convention, 1957 (No. 105)
 Minimum Age Convention, 1973 (No. 138)
 Worst Forms of Child Labour Convention, 1999 (No. 182)
 Equal Remuneration Convention, 1951 (No. 100)
 Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

The ILO has also designated another four Conventions as “priority” instruments, thereby
encouraging member States to ratify them because of their importance to the functioning
of the international labour standards system. The four governance Conventions are:

 Labour Inspection Convention, 1947 (No. 81)


 Labour Inspection (Agriculture) Convention, 1969 (No. 129)
 Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
 Employment Policy Convention, 1964 (No. 122) (see box 1.1)

Box 1.1: The Employment Policy Convention, 1964 (No. 122)

The Employment Policy Convention is critical instruments for promotion of youth employment.
since it sets the promotion of full, productive and The Convention also requires member States to
freely chosen employment as a major goal. The fully take into account the experience and views
Convention requires ratifying States to declare of workers’ and employers’ representatives, when
and pursue an active policy designed to promote formulating and enlisting support for employment
full, productive and freely chosen employment. policy measures. The Committee of Experts
Such a policy shall aim to ensure: that there emphasized that social dialogue is essential in
is work for all who are available for and are normal times, and becomes even more so in
seeking work; that such work is as productive as times of crisis.
possible; and that there is freedom of choice of
employment and the fullest possible opportunity It is understood that each country has to formulate
for each worker to qualify for, and to use his or and apply its own policies to achieve full,
her skills and endowments in, a job for which he productive and freely chosen employment, through
or she is well suited, irrespective of race, colour, application of Convention No. 122. In this sense,
sex, religion, political opinion, national extraction ILO standards on employment policy provide a
or social origin. The Convention also encourages framework for designing and implementing such
countries to adopt policies and measures that policies according to national particularities, so
meet the needs of particular categories of workers, as to ensure maximum access to jobs and create
such as young people. Convention No.  122 can greater opportunities for young women and men to
therefore be considered one of the main ILO secure decent employment and income.

2
SECTION 1 Fundamental principles and rights at work

The four principles and rights at work are also covered in the ILO’s Declaration on
Fundamental Principles and Rights at Work and its Follow–up (1998)6 The ILO
Declaration on Social Justice for a Fair Globalization (2008), underlined the significance
of the priority Conventions, and also reaffirms the importance of the Fundamental
Principles and Rights at Work. Moreover, they are of special significance for young
people, as can be seen for instance with the Employment Policy Convention, 1964
(No. 122).

1.1. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING


Freedom of association and the right to collective bargaining are enshrined in the ILO’s
Constitution, the ILO Declaration of Philadelphia (1944) and the ILO Declaration on
Fundamental Principles and Rights at Work (1998). These principles are laid down in
the Freedom of Association and Protection of the Right to Organise Convention, 1948
(No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

In general union membership among young people is very low, with coverage and
collective bargaining on their behalf rarely taking place, or with them rarely being
involved. In a context of structural changes in employment – in particular those resulting
from privatization, new technologies, outsourcing and the extension of production
chains – as well as the propagation of new types of employment relationships – the
exercise of the rights of freedom of association and collective bargaining7 becomes
particularly difficult, especially for young workers.

In some countries, a large majority of young workers are in the informal economy.
The informality they face consists in a lack not only of legal protection, but also of
collective voice. Freedom of association and collective bargaining are also difficult to
put into effect in export processing zones or agriculture. Women or young people in
developing countries may be disproportionately affected by these constraints, as they
often comprise the majority of workers in those areas.8 For freedom of association
and collective bargaining to become effective in the informal economy, they must
be anchored in the rule of law. Governments also have a primary role in this regard.
Moreover, increasing labour mobility poses important challenges for trade unions.

Other means of dialogue have been evolving  – mostly complementing collective


bargaining  – along with the participation of youth organizations in the matters that
concern them. However freedom of association is a prerequisite for any type of collective
representation and for genuine engagement in bipartite and tripartite dialogue.

6 According to the 1998 Declaration, all Members of the ILO, even if they have not ratified all the relevant International Labour Conventions, have an
obligation arising from the very fact of membership of the Organization, to respect, to promote and to realize, in good faith and in accordance with the
ILO Constitution, the principles concerning the fundamental rights which that are the subject of those Conventions. The commitment to the Declaration
is supported by a follow-up procedure. Member States that have not ratified one or more of the core Conventions are asked each year to report on the
status of the relevant rights and principles within their borders, noting impediments to ratification, and areas where assistance may be required. These
reports are reviewed through the annual review procedure. In turn, their observations are considered by the ILO’s Governing Body.
7 Freedom of association in practice: Lessons learned. Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights
at Work. Report of the Director-General, 2008.
8 ILO, 2011b.

3
Youth rights at work

Box 1.2: The role of trade unions in youth employment in Africa

The future of trade unions in Africa, and in particular financial institutions to implement policies that
their effectiveness in promoting and defending would create real and decent employment
workers interests, depend on how young people are opportunities for young people. At the same time,
involved in their activities. It is therefore imperative the labour movement has endeavoured to come
that trade unions strengthen their capacities, in up with strategies to integrate young people into
organizing and recruiting young workers to join trade trade unions – through recruitment, the creation of
unions, providing proper and adequate services, young workers’ structures, and their representation
and encouraging young workers to participate in in general trade union structures.
trade union work at every level.
Trade unions have further argued for the promotion
The role of trade unions on the subject of youth of highly productive and employment intensive
employment is as relevant as the institutions sectors, with particular attention on the agricultural
themselves. The employment of young workers sector, where most of the working poor are found.
is viewed as constituting the very survival of There is a call to make rural development and
the labour movement. This is why policies for the creation of productive rural employment a
organizing and ensuring that issues of particular fundamental pillar of development policy. It is
interest to young workers are integrated into trade therefore not surprising that commercial agriculture,
union work have been the subject of continuous large plantations and rural-based sectors (such as
discussions over a long period of time. mining, fishing, and forestry) constitute the bulk of
trade union membership in most countries in Africa.
The labour movement is known to be actively
encouraging its national authorities and international Extract from Mwamadzingo, 2007.

1.2. THE ELIMINATION OF FORCED AND COMPULSORY LABOUR


Forced labour, contemporary forms of slavery and trafficking in persons are the subject
of widespread international attention and concern. The two ILO Conventions9 dealing
with the abolition of forced labour are the Forced Labour Convention, 1930 (No. 29)10
and the Abolition of Forced Labour Convention, 1957 (No. 105).11 In addition, in the
Worst Forms of Child Labour Convention, 1999 (No. 182), forced or compulsory
labour is considered to be one of the worst forms of child labour. The elimination of
all forms of forced or compulsory labour is also included in the ILO Declaration on
Fundamental Principles and Rights at Work.

According to ILO12 estimates, at least 20.9 million people are victims of forced labour
globally, and young people are considered a risk group. While hard data on trends over
time are lacking, country-based research shows that, while there has been a decline
in certain traditional forms of forced labour, new practices have emerged. Unclear

9 See ILO, 2007 for a detailed overview of the concept of forced labour and the principles laid down in the Conventions.
10 Forced labour is broadly defined by Convention No. 29 as any work or service exacted from a person against his or her free will, and under the menace
of a penalty.
11 The forced labour conventions provide also for the protection of young workers from compulsory work that could be imposed on them within the
framework of compulsory military service or civic service, under which they can be obliged to participate in work of public interest or for development
purposes. See paragraphs 43 to 46 and 94 to 95 of ILO, 2007. See also the Special Youth Schemes Recommendation, 1970 (No. 136).
12 ILO, 2012.

4
SECTION 1 Fundamental principles and rights at work

or disguised employment relationships  – particularly in the informal economy  – also


represent a particular risk factor.13

Among the many factors underpinning present-day forced labour are the liberalization
of trade and heightened global competition, challenges to the governance of domestic
labour markets and international labour migration, and long-standing patterns of
discrimination and social exclusion. Many countries have adopted laws and other
measures to combat forced labour and related practices. However the persistence
of these violations on an alarming scale provides incontrovertible evidence of the
existence worldwide of significant implementation gaps. Among those more affected
are young men and women.

Forced labour is often characterized by several simultaneous violations of law. The


non-availability of effective training and education, as well as the lack of employment
opportunities for young workers, are among the elements that increase their vulnerability
to the imposition of exploitative practices that could amount to forced labour. This
increases the susceptibility of these workers to deceptive and manipulative recruitment or
placement practices. Prevention of forced labour therefore requires effective enforcement
of a range of ILO standards that create a protective legal framework against exploitation.

This is why the ILO has asserted that prevention strategies should address the range
of root causes of forced labour. These strategies should include: measures to empower
specific at-risk population groups, such as migrant workers, those in the informal
economy, domestic workers, indigenous peoples, ethnic minorities, people with
disabilities, children and young people; measures to strengthen legal protections and
the rule of law; and measures aimed at ending the trade in and consumption of goods
and services tainted by forced labour.

1.3. EQUALITY AND THE ELIMINATION OF DISCRIMINATION IN


EMPLOYMENT AND OCCUPATION
Millions of women and men around the world are denied access to jobs and training,
receive low wages, or are restricted to certain occupations, simply on the basis of their
sex, skin colour, ethnicity, beliefs or other personal characteristics, without regard to
their capabilities and skills.14 The ILO has adopted several ILS on non-discrimination
and equality of opportunity and treatment in employment and occupation, among
them the Equal Remuneration Convention, 1951 (No. 100) (see box 1.3) and the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111).15

13 ILO, 2014.
14 Wirth, 2004.
15 Convention No. 100 provides for equal remuneration for work of equal value for men and women, through the promotion of objective job evaluation
on the basis of the work to be performed. The objective of Convention No. 111 is to promote equality through the formulation and implementation of a
national equality policy, with a view to eliminating discrimination on a number of grounds. The Convention defines discrimination as “any distinction,
exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of
nullifying or impairing equality of opportunity or treatment in employment or occupation”, as well as any other distinction, exclusion or preference so
determined by the ratifying State after consultation with workers’ and employers’ organizations. It covers all aspects of employment and occupation,
including access to vocational training, recruitment and conditions of work. As of 11 May 2015, Convention No.  100 has 171 ratifications; and
Convention No. 111 has 172 ratifications.

5
Youth rights at work

16

Box 1.3: Equal remuneration: Work of equal value

The ILO Committee of Experts16 has stated the […] the principle has been applied to compare
following, inter alia: “historical attitudes towards the the remuneration received by men and women
role of women in society, along with stereotypical engaged in different occupations, such as wardens
assumptions regarding women’s aspirations, in sheltered accommodation for the elderly
preferences, capabilities and ‘suitability’ for (predominantly women), and security guards in
certain jobs, have contributed to occupational sex office premises (predominately men); or school
segregation” in the labour market. As a result, meal supervisors (predominately women) and
certain jobs are held predominantly or exclusively garden and park supervisors (predominately men).
by women and other by men. These reviews and Comparing the value of the work done in such
attitudes also tend to “undervaluation of ‘female occupations, which may involve different types
jobs’ in comparison with those of men who are of qualifications, skills, responsibilities or working
performing different work and using different conditions but which is nevertheless work of equal
skills, when determining wage rates.” value overall, is essential in order to eliminate pay
discrimination which results from the failure to
In order to address such occupational segregation, recognize the value of work performed by men
where men and women often perform different jobs and women free from gender bias.
(under different conditions, and even in different
establishments), the concept of “work of equal In order to establish whether different jobs are of
value” is essential, as it permits a broad scope of equal value, there has to be an examination of the
comparison. “Work of equal value” includes but respective tasks involved.
goes beyond equal remuneration foe “equal” or This examination must be undertaken on the basis
“similar” work, and also compasses work that is of of entirely objective and non-discriminatory criteria
an entirely different nature but which is nevertheless to avoid an assessment being tainted by gender
of equal value. Furthermore, the application bias. […] Analytical methods of job evaluation
of the Convention’s principle is not limited to have been found to be the most effective.
comparison between men and women in the same Such methods analyze and classify jobs on the
establishment or enterprise. It allows for a much basis of objective factors relating to the jobs to
broader comparison to be made between jobs be compared, such as skills/qualifications, effort,
performed by men and women in different places or responsibilities and working conditions.”
enterprises, or between different employers.

Some Conventions (those on equal remuneration, non-discrimination at work and


workers with family responsibilities), cover all workers. Others target specific categories,
such as women (see box 1.4 below), migrant workers, indigenous and tribal peoples,
persons with disabilities, workers with HIV/AIDS and domestic workers.

16 In 2007, the Committee of Experts issued a General Observation on the Equal Remuneration Convention, 1951 (No. 100) ILO, 2007 which provides
guidance on the meaning of the concept of “work for equal value”.

6
SECTION 1 Fundamental principles and rights at work

Box 1.4: Maternity protection

Bearing in mind the high birth rates in young equal opportunities and treatment in employment
adolescent women, particularly in low-income and occupation, without prejudice to health or
countries, the Maternity Protection Convention, economic security.
2000 (No.  183) has particular significance for
youth employment. Virtually every country Protective measures for pregnant women and
around the world has some type of maternity women who have recently given birth include
protection legislation, and many others have the prevention of exposure to health and safety
also adopted measures to support workers with hazards during and after pregnancy, entitlement
family responsibilities. (See Workers with Family to paid maternity leave and breastfeeding breaks,
Responsibilities Convention, 1981 (No. 156). maternal and child health care, protection against
discrimination in employment and occupation,
The goal of maternity protection legislation is to including with respect to recruitment and dismissal.
enable women to successfully combine their
reproductive and productive roles, and to promote Source: Addati, Cassirer and Gilchrist, 2014.

Nonetheless, discrimination continues to be persistent and multifaceted. Access to jobs,


affecting young people especially, remains a major area of concern. The good news
is that in spite of the crisis and the prevailing policy environment, there have continued
to be positive advances in anti-discrimination legislation, policies and enforcement
mechanisms. Laws on equality and non-discrimination at work cover an increasingly
broad set of grounds of discrimination, increasingly including age, and provide for more
comprehensive protection for workers. However having laws and institutions to prevent
discrimination at work and offer remedies is not enough. Keeping them functioning and
enforcing them effectively is a challenge, especially in troubled times.17

Discrimination has also become more varied, and discrimination on multiple grounds is
becoming the rule rather than the exception. This is often the case for younger workers,
who may suffer multiple discriminations, as their age may be seen as an additional
disadvantage. Being young and a woman makes things harder in many places (see
box 1.5 below for the example of sexual harassment and young women). In fact,
unequal opportunities at the recruitment and selection stage, and unequal treatment
during employment – in particular in respect of wages and promotion – are often based
on prejudice and stereotypes regarding the professional capacities (and sometimes
aspirations) of young workers. In addition, indirect discrimination may occur when
employment advertisements overemphasize experience that is not actually required by
the job concerned.18

17 ILO, 2011a.
18 ibidem.

7
Youth rights at work

Box 1.5: Sexual harassment in the workplace

Sexual harassment is a serious form of work. Research shows that the type of women
discrimination based on sex. It can be defined most vulnerable to sexual harassment are young,
as: i)  any physical, verbal or non-verbal conduct financially dependent, single or divorced, and with
of a sexual nature, and other conduct based on a migrant status. For men, those most harassed
sex affecting the dignity of women and men, are young, gay and members of ethnic or racial
that is unwelcome, unreasonable, and offensive minorities.
to the recipient, where a person’s rejection of or
submission to such conduct is used explicitly or The issue of sexual harassment is mainly
implicitly as a basis for a decision that affects addressed under the Discrimination (Employment
that person’s job; and ii) conduct that creates an and Occupation) Convention, 1958 (No. 111) and
intimidating, hostile or offensive work environment also under the Occupational Safety and Health
for the recipient. Convention, 1981 (No. 155). There are also more
specific provisions for the protection of workers
Levels of sexual harassment differ from country to from sexual harassment in the Domestic Workers
country and by sector. An average prevalence of Convention, 2011 (No.  189) and in Indigenous
between 20 and 60 per cent has been estimated in and Tribal Peoples Convention, 1989 (No.  169).
Dutch, Finnish and British studies. In India, 17 per However, many countries still do not have specific
cent of respondents in a 2012 survey had faced provisions in their legislation against sexual
sexual harassment at work. In the USA, one in harassment. Those that do, face challenges
four women and one in ten men have experienced in practical implementation and institutional
workplace sexual harassment. mechanisms to tackle this serious form of sex-
based discrimination in the workplace, due to the
Workplaces with poor working conditions and sensitivity of the issue.
long working hours (where there is a high
concentration of young women and men), are
more prone to sexual harassment and aggression. Sources: Chappell and Di Martino, 2006; United States
In addition, specific sectors  – often dominated Equal Employment Opportunity Commission, accessible
by young women workers  – are more prone to at: http://www.eeoc.gov/eeoc/publications/fs-sex.cfm; SRI,
2012. ABC News/Washington Post, 2011, accessible at:
incidents of sexual harassment. Examples include http://www.langerresearch.com/uploads/1130a2Workplace
tourism, domestic work, health care and social Harassment.pdf.

Obviously, although they do face hurdles to employment, the difficulties young people
are suffering in the labour market cannot all be attributed to discrimination. Another
factor is their relatively lower level of generic and job-specific work experience compared
to older workers. Moreover, the link cannot be overlooked between access to education
and vocational training, and employment opportunities. Stereotypes regarding women’s
role, responsibilities and aspirations also channel women into certain fields of education
and training that many times do not lead to career jobs or higher status or higher paid
employment. Access to education and vocational training is of paramount importance
for achieving equality in the labour market. The opportunities young men and women
have in terms of education and training determine their actual possibilities of finding a
wide range of jobs, including those with possibilities for advancement and promotion.19

19 See the Learning Brief on Education and training systems and skills development policies of this training package.

8
SECTION 1 Fundamental principles and rights at work

In addition, due to the current downturn, young people are experiencing a decline in
employment, and are confronted with precarious employment and high unemployment
rates. In both industrialized and developing economies, young people are more likely
to find themselves working longer hours, in informal employment, intermittent work and
insecure arrangements, which tend to be characterized by low productivity, low wages
and limited labour protection.20 This can be particularly volatile in situations where
young people are unable to find suitable employment after completing their education
or training. While this is more of a general economic and employment policy question,
it is also important to avoid any discriminatory measures when promoting jobs for the
growing number of young people who try to enter the labour market, whether they are
coming from the “high end” of education systems or are trying to enter the labour market
without qualifications.

1.4. CHILD LABOUR AND ITS WORST FORMS


Child labour is work that deprives children of their childhood, their potential and their
dignity, and that is harmful to physical and mental development. It refers to work
undertaken by children21 below the appropriate legal minimum working age, based on
the ILO Minimum Age Convention, 1973 (No. 138), as well as the worst forms of child
labour defined by the Worst Forms of Child Labour Convention, 1999 (No. 182).22

Child labour remains much too common in the world, although it has decreased
significantly since 2000. Child labourers in the age group from 5 to 17 years number
168 million, amounting to almost 11 per cent of all children in this age group. Children
in hazardous work – directly endangering their health, safety and moral development –
make up more than half of all child labourers, numbering 85 million in absolute terms.
Children in employment, who comprise both child labourers and children in forms of
employment that do not constitute child labour, number 264 million (17  per cent of
the age group from 5 to 17 years of age. Behind these headline numbers there are
substantial differences by region, age and sex.23

In line with international labour standards, national legislation on child labour constitutes
a fundamental basis for all action, and in particular for defining what constitutes child
labour that is to be eliminated, and providing the basis for efforts to gather statistical
information. Above all, it is legislation that sets forth specific rights and responsibilities
(not only of individuals but also of the state and of various bodies and authorities), and
permits legal remedies for victims and sanctions for violators.24

20 ILO, 2010.
21 Children: All persons under the age of 18.
22 To date, Convention No. 138 has been ratified by 166 States and Convention No. 182 by 177, out of 185 member States of the ILO, with both thus
approaching the goal of universal ratification.
23 ILO-IPEC, 2013.
24 Many countries have recently been taking action for the establishment or revision of their lists of what constitutes hazardous work, and including as
part of enforceable legislation the prohibition of this kind of work for anyone under 18 years of age. Reports and tools concerning hazardous child
labour are available at: http://www.ilo.org/ipec/facts/WorstFormsofChildLabour/Hazardouschildlabour/lang--en/index.htm.

9
Youth rights at work

In addition, solid legislative frameworks and sound policy choices are crucial. Policy
choices and accompanying investments appear particularly relevant to the reduction
of child labour in two policy areas. The first is education. New investments in improving
school access and quality have provided more families with the opportunity to send
their children to school rather than to the workplace and has made it worthwhile for
them to do so. It is not chance that the rapid decline in child labour since 2000 has
coincided with a major increase in school attendance. Nonetheless, breaking the link
between child labour and educational disadvantage remains a major challenge. The
second policy area is social protection. While extending access to social security also
remains a pressing challenge worldwide, there is clear evidence from multiple countries
indicating that investments in social security are associated with lower levels of child
labour.25

The ILO fundamental standards are key for the development of national laws and
policies for youth. However, important issues remain in the application of standards in
practice.

The African Youth Charter: A rights-based approach in youth


employment interventions
The African Youth Charter was adopted by the b. Develop macroeconomic policies that focus on
Heads of States and Governments of Africa during job creation particularly for youth and for young
the July summit held in Banjul, the Gambia in 2006. women;
African states have the obligation to adopt and c. Develop measures to regulate the informal
align their youth development programmes with economy to prevent unfair labour practices
the Charter. The African Youth Charter aims to where the majority of youth work;
strengthen, reinforce, and consolidate continental d. Foster greater linkages between the labour
and regional partnerships and relations. The market and the education and training system…;
Charter also aimed to prioritize youth development e. Implement appropriately-timed career guidance
within the African Union’s development agenda. for youth as part of the schooling and post-
The African Youth Charter is the political and legal schooling education system;
document that serves as the strategic framework f. Promote youth entrepreneurship by including
to propel youth empowerment and development at entrepreneurship training in the school
continental, regional, and national levels. curricula, providing access to credit, business
development skills training, mentorship
The Youth employment component of the Charter opportunities and better information on market
states clearly that “… every young person shall have opportunities;
the right to gainful employment…”. It also states g. Institute incentive schemes for employers to
that “… States Parties shall take all appropriate invest in the skills development of employed
measures with a view to achieving full realisation and unemployed youth; and
of this right to gainful employment and shall in h. Institute national youth service programmes to
particular: engender community participation and skills
development for entry into the labour market.
a. Ensure equal access to employment and equal
pay for equal value of work; Source: African Union Commission, 2006.

25 ILO-IPEC, 2013.

10
SECTION 1 Fundamental principles and rights at work

References used in this section


Addati, L.; Cassirer, N.; Gilchrist, K. 2014. Maternity and paternity at work: law and
practice across the world (Geneva, International Labour Office).
African Union Commission. 2006. African Youth Charter (Banjul, African Union
Commission).
Chappell, D.; Di Martino, V. 2006. Violence at Work (third edition) (Geneva, International
Labour Office).
Deakin, S.; Malmberg, J.; Sarkar, P. 2014. “How do labour laws affect unemployment
and the labour share of national income? The experience of six OECD countries,
1970–2010”, in International Labour Review, Vol. 153, No. 1.
Kucera, D. 2001. The effects of core workers rights on labour costs and foreign direct
investment: evaluating the “conventional wisdom”, International Institute for labour
studies, Discussion Paper 130/2001 (Geneva, International Labour Office).
ILO-IPEC. 2013. World report on child labour: Economic vulnerability, social protection
and the fight against child labour (Geneva, ILO International Programme on the
Elimination of Child Labour Elimination of Child Labour)
ILO. 2007. Eradication of forced labour, General Survey concerning the Forced
Labour Convention, 1930 (No. 29), and Abolition of Forced Labour Convention,
1957 (No. 105), the Report of the Committee of Experts on the Application of
Conventions and Recommendations, Report III (Part 1B), International Labour
Conference, 96th Session, Geneva, 2007 (Geneva, International Labour Office).
—. 2010. Employment and social protection in the new demographic context,
International Labour Conference, 102nd Session, 2013, Report IV (Geneva,
International Labour Office).
—. 2011a. Equality at work: The continuing challenge. Global Report under the followup
to the ILO Declaration on Fundamental Principles and Rights at Work. Report
of the Director-General. International Labour Conference, 100th Session 2011,
Report I(B) (Geneva, International Labour Office).
—. 2011b. Freedom of association and development (Geneva, International Labour
Office).
—. 2012. Giving globalization a human face, General Survey on the fundamental
Conventions concerning rights at work in light of the ILO Declaration on Social
Justice for a Fair Globalization, 2008, the Report of the Committee of Experts
on the Application of Conventions and Recommendations, Report III (Part
1B), International Labour Conference, 101st Session, Geneva, 2012. (Geneva,
International Labour Office).
Mwamadzingo, M. 2007. The Role of trade unions in promoting rural youth employment
in Africa, Paper prepared for the ILO Sub-Regional Seminar on the Role of Trade
Unions and Rural Youth Employment in Southern Africa, Grand Palm Resort,
Gaborone, Botswana, 24-26 July 2007 (Pretoria, International Labour Office).

11
Youth rights at work

Sengenberger, W. 2005. Globalization and social progress: The role and impact of
international labour standards (Bonn, Friedrich-Ebert-Stiftung).
Takala, J. et al. 2012. “Global estimates of the burden of injury and illness at work in
2012”, in Journal of Occupational and Environmental Hygiene, May 2014, 11(5).
Wirth, L. 2004. Breaking through the glass ceiling: Women in management (Geneva,
International Labour Office).

12
SECTION 2 Conditions of work

CONDITIONS OF WORK SECTION

Conditions of work is a broad term that include hours of work and other 2
working conditions, labour relations, employment security, work–life
balance, equal opportunity and treatment, safe work environment and
social security. The extent of workers’ rights in the above-mentioned
areas is set by national labour laws.

2.1. NON-STANDARD WORK ARRANGEMENTS,


PRECARIOUSNESS AND INFORMALITY
Globalization has intensified competition and the need for enterprise
flexibility, with more emphasis on supply chains and multi-tiered
contracting. Technological changes and new work processes allow
companies to externalize services and production segments. These
changes have led to profound changes in the labour market, giving rise
to an increasing variety of non-standard forms of work arrangements
and practices.26 The increasing use by businesses of non-standard
26 Non-standard work arrangements are those associated with a formal employment relationship (part-time work, temporary agency
work and fixed-term work), as well as those outside a formal employment relationships (for example, informal work, commercial
contract holders such as those in contracted/subcontracted work, or economically dependent self-employment), including in
instances where the employment relationship is either disguised or unclear. The term “non-standard” is used to distinguish such
work from the regular or standard model of full-time, permanent and direct employment. See Ebisui, 2012 and ILO, 2015b.

13
Youth rights at work

work forms has led to changes to labour market regulation, while fiercer global
competition has driven many countries toward labour market deregulation, allowing
more flexible non-standard forms of work.

On the one hand, these structural changes in work organization have created greater
choice, freedom, and opportunities to work. Both workers and employers benefit from
the different forms of non-standard work arrangements, some of which have facilitated
mutually agreed ways of working flexibly.27 On the other hand, the increasing use of non-
standard contractual arrangements has led to more uncertainty and precariousness
among workers who involuntarily engage in them, and especially among young people
who are increasingly unable to exercise their rights at work due to the rise of precarious
employment. An additional dimension to the change in work arrangements for young
people is the over-representation in many countries of (young) women in non-standard
forms of employment, which can result in their concentration in low-paid and precarious
work. Conversely, voluntary entry into part-time work could be a modality that helps
parents and carers to balance work/life responsibilities and act as stepping stone to
labour market reintegration for women (and men) returning from parental leave. That
being said, the “flexibility” offered by non-standard forms of employment may not fit the
need for certainty in working hours and income that parents need. In addition, women
may find themselves trapped in non-standard work arrangements, as it is what is deemed
culturally and economically appropriate to accommodate their caring responsibilities.28

Two categories of contractual arrangements encompass most of the workers exposed


to precarious conditions characterized by low wages, poor protection from termination
of employment, and lack of access to social protection and to the possibility of exercising
rights at work (see tool 1.1). The first group comprises workers with contracts of limited
duration (fixed-term, short-term, temporary, seasonal, day-labour and casual labour
contracts). The second group is related to the nature of the employment relationship
(triangular and disguised employment relationships, bogus self-employment,
subcontracting and agency contracts).

Box 2.1: Precarious work among young people

Around the world many youth are caught up in among young people. These contracts – often taken
low-productive, temporary or other types of work up because there is no other option available  –
that fall short of their aspirations, and that often may be a stepping stone towards permanent
do not open up opportunities to move towards employment, but can also trap young people in
more permanent, high-productive and better-paid a spiral of temporary jobs alternating with spells
positions. of unemployment. In addition, these contracts
often provide lower wages and limited access to
In developed countries, the past decade has seen benefits that accrue over time, and/or are linked
a strong increase in part-time and temporary work to the type of the employment relationship and to

27 Ebisui, 2012.
28 Owens and Fudge, 2006 and European Foundation for the Improvement of Living and Working Conditions, 2012.

14
SECTION 2 Conditions of work

certain forms of social protection. In the European decent work. This is reflected in high rates of
Union the use of temporary contracts for young vulnerable employment and working poverty,
workers has nearly doubled since the onset of the and higher involvement in unpaid family work in
economic crisis (an increase of 0.9  percentage (informal) family businesses or farms. Worldwide,
points annually in the period from 2008 to 2011), vulnerable employment (defined as the sum
while the average share of temporary employment of own-account work and unpaid family work),
among adult workers remained unchanged. Young accounts for 56.2 per cent of total employment in
people are four times as likely as adults to be developing regions. It is likely to be higher among
temporary employees, with 35.2 per cent of youth young women than young men. The estimates
employees on temporary contracts, compared with for the working poor show that globally 14.8  per
8.9 per cent for adults (over 25 years of age). One cent of workers live below the poverty line. Young
out of three young workers accepted temporary people account for a disproportionate share of poor
work because they could not find a permanent job workers: they comprise 23.5 per cent of the working
(37.1 per cent). poor in countries where data is available, compared
to only 18.6 per cent of non-poor workers.
In developing countries, young people face a
number of structural barriers in their search for Sources: ILO, 2011c; ILO, 2012.

One key aspect of precarious work is the progressive erosion of the employment
relationship  – the legal link between employers and employees. The employment
relationship exists when a person performs work or services, under certain conditions,
in return for remuneration. It is through the employment relationship that reciprocal
rights and obligations are created between the employer and the employee and the
application of labour law is determined. Recent decades have seen the transformation
of vertically integrated enterprise into more horizontal arrangements involving other
entities such as subcontractors, franchisers and agencies. This has led to a lack of
clarity on the identity of the employer, and increasing difficulty in establishing whether
or not an employment relationship exists. This occurs for example when the rights and
obligations of the parties concerned are unclear, when there are attempts to disguise
the employment relationship, or when there are gaps in the legal framework or in its
interpretation or enforcement. To address these shortcomings, ILO Employment
Relationship Recommendation, 2006 (No. 198) calls on member States to
periodically revise the scope of relevant laws and regulations, in order to guarantee
effective protection for workers and establish criteria to determine the existence of the
employment relationship, relying on the facts relating to the performance of work and
the remuneration of the worker, notwithstanding the arrangements that may have been
agreed between the parties.

The trend towards an increasing incidence of temporary contracts and precariousness


among young workers has fuelled the debate over labour market flexibility in general,
and labour market duality in particular. Although evidence on the impact of employment
protection legislation (EPL) on aggregate employment remains inconclusive, this labour
market institution could affect labour market outcomes for young workers more than for
adults – especially with regards to employment termination, duration of probation and
conditions for the issuance of temporary contracts (see the Learning Brief on Labour
market policies and institutions for youth of this training package).

15
Youth rights at work

Informal employment29 covers a wide spectrum of situations. It includes: own-account


workers and employers in their own informal sector enterprises; contributing family
workers; members of informal producers’ cooperatives; own-account workers engaged
in production of services and goods for their household; and employees holding informal
jobs as defined according to the employment relationship (those jobs that in law or in
practice are not subject to national labour legislation, income taxation, social protection,
nor entitled to certain employment benefits such as paid annual or sick leave).30

A multiplicity of factors drives informality. Their relative importance is country-specific.


The first factor is poverty: although not everyone in the informal economy is poor, there
is a frequent overlap between informality and poverty. Low incomes and limited access
to public institutions prevent poor women and men from investing in skills that could
boost their employability and productivity. Lack of skills also prevents poor people from
entering the formal economy, while the scarcity of opportunities in rural areas often
drives migrants into informal work in urban areas. Labour market discrimination against
vulnerable groups often pushes individuals into poverty and survival strategies through
informal work.

Another factor driving informality is the inability of the industrial sector to absorb labour
in more productive jobs. This often results in the prevalence of low quality employment in
the service sector, dominated by women. As countries industrialize, the decline in rural–
urban migration and industry expansion are often not accompanied by a proportional
increase in industrial jobs. Rather, most of the jobs end up being created in low-value-
added services.

Work flexibility resulting from the pressures of globalization is another factor contributing
to the growth of informality. As companies struggle to keep up with a more competitive
market, they resort to flexible work arrangements such as subcontracting and temporary
or casual work. Similarly, the easing of trade and financial barriers  – coupled with
the fall in transport and communication costs – has made it easier for businesses to
subcontract part of the production in countries where labour costs are lower.

In some countries economic restructuring, including the privatization of state enterprises


and public services, has contributed to the growth of the informal economy. For instance,
in Central and South-Eastern Europe and the Commonwealth of Independent States,
the breakdown of the centrally planned system was followed by rising unemployment
rates and rapid rural–urban migration, without corresponding increases in the
proportion of workers in industry. This has led to increasing shares of employment in
low-value-added services, stagnant vulnerable employment and unemployment rates,
and discouragement – especially among young people.

Another more controversial factor is the regulatory environment. Some argue that the
high costs of compliance result in rigid labour markets, which in turn lead to voluntary

29 See ILO, 2014d.


30 ICLS, 2003.

16
SECTION 2 Conditions of work

engagement in informal work. However, the available evidence on the correlation


between labour market regulatory frameworks and rise in informality is inconclusive.31

Finally, economic crises often result in the expansion of the informal economy. The
informal economy is often considered as a shock absorber that can provide livelihood
opportunities for those who lose their formal jobs. This may be true when the duration
of the economic crisis is relatively short. When crises are longer, and the contraction
of demand affects key sectors like construction and light manufacturing, competitive
pressures in the informal economy increasingly lead to a further deterioration of earning
opportunities and income levels.

Box 2.2: Youth informal employment

Estimates suggest that in Africa the informal Informality decreases with age, supporting the
economy accounts for roughly 93  per cent of all premise that aging offers some means out of
jobs available to young people. In Zambia no fewer informality, with a causality linked in part to the
than 99 per cent of working teenagers are active completion of education. There is clear evidence
in the informal economy. In Europe the share of that investing in education offers the greatest
young people in the informal economy is 17  per chance of escaping the informal sector (although
cent, compared with 7  per cent for prime-age it offers fewer chances of escaping an informal job
workers (25 to 54 years of age). In this region the in the formal sector).
age/informality profile is u-shaped, with informality
higher for youth and individuals of retirement All countries examined show increasing proportions
age (65 and over). Informality is also inversely in formal employment as the level of education
related to skills (measured by either schooling or increases. Youth with a tertiary education have
occupation). at least a 51  per cent chance of finding formal
employment (even higher in the countries with
An analysis of employment trends in six comparatively lower shares of informal employment),
Latin American countries found that in 2009, compared to 14 per cent for young people with less
approximately 82.4  per cent of young people than primary level education.
aged 15 to 19 were employed in the informal
economy – over 30 percentage points higher than Not surprisingly, the data show that there are
the informality rate found among adults. consequences to informality in terms of wages, job
satisfaction and underemployment. The negative
The most recent data set on informal employment wage premium of being informally employed was
among young workers comes from the school- found to be around 30 per cent (in terms of average
to-work transitions surveys conducted by the hourly wage). Jamaica, Jordan, Uganda and
ILO in twenty developing countries. The data Vietnam show higher wage gaps between youth
show that at the aggregate level, three-quarters formal and informal wages (from  47 to 57 per cent).
of young workers aged 15 to 29 are engaged
in informal employment. Young women seem in The policy framework developed by the ILO to
particular to be more vulnerable to informality, ease the transition from informality and to promote
and are less likely to progress into stable and decent work builds on seven key areas of policy
satisfactory jobs. action, as shown in the diagram below.

31 CLEP and UNDP, 2008.

17
Youth rights at work

     


     

 
   

       
      
        
     

Sources: Nilsson and Shehu, 2014; Hazans, 2011; ILO, 2012b; ILO, 2009; and ILO, 2013.

2.2. WAGES AND WORKING TIME


For many people, access to adequate and regular wages32 is not guaranteed. International
labour standards provide for the regular payment of wages, the fixing of minimum wage
levels, and the settlement of unpaid wages in the event of employer insolvency. The
Minimum Wage Fixing Convention, 1970 (No. 131) requires ratifying States to establish
a minimum wage-fixing machinery having the force of law and capable of determining
and periodically reviewing and adjusting minimum wage rates.33 As already mentioned,
international labour standards prescribe equal pay for work of equal value (Equal
Remuneration Convention, 1951 (No. 100)).34 In addition, the Discrimination (Employment
and Occupation) Convention, 1958 (No. 111) and the Discrimination (Employment and
Occupation) Recommendation, 1958 (No. 111) extend the principle of equal remuneration
for work of equal value, embodied in Equal Remuneration Convention, 1951 (No. 100), to
other grounds of discrimination. These standards can help guarantee that young workers
have access to adequate and regular wages. However, despite a declining youth share
of the population (except in Africa), falling youth employment rates and rising education
levels,35 young people – in particular young women – earn lower wages on average than
do adult workers. The over-representation of young workers in part-time and temporary
work, in certain occupations and/or economic sectors and in the informal economy,
plays an important role in explaining youth-to-adult wage differences. This situation is
particularly true for young women workers, who have to overcome the barriers of youth
and gender in order to access decent work.

32 Wages for youth are discussed in more detail in the Learning Brief on Labour market policies and institutions for youth of this training package.
33 Minimum wages: As part of its Decent Work Agenda, the ILO encourages member States to adopt a minimum wage so to reduce working poverty and
provide social protection for vulnerable employees. The ILO’s Global Wage Report 2012/2013 found that in current economic conditions, minimum
wages remain a topic of debate on the policy agenda and in the public domain, in both developed and developing countries. In 2014 the ILO’s
Committee of Experts published a General Survey on minimum wage systems. In the conclusion of the survey, the Committee considered that the
objectives set out in Convention No. 131 remained just as relevant today as they were when they were adopted in 1970, despite the achievement of real
changes and developments affecting the world of work. The objectives, principles and methods set out in Convention No. 131 have not only withstood
the economic, political and social transformations that the world has experienced since their adoption in 1970, but they also perfectly match the public
policies by which States aim at reconciling the objectives of economic development and social justice.
34 See session on Equality and elimination of discrimination in employment and occupation.
35 Grimshaw, 2014.

18
SECTION 2 Conditions of work

The setting of a sub-minimum wage for youth (especially for teenagers) may lead to
non-compliance with the principle of equal remuneration for work of equal value. Rather
than using the criterion of age, it might be preferable to take account of the qualifications
and experience of the workers concerned. This reasoning is applicable to all young
workers, with the only exception being the wage applied to young apprentices (see
box 2.3).

Box 2.3: Apprentices’ wages

Many countries’ legislation provides that 60  per cent in Paraguay and 75  per cent in the
apprentices are entitled to remuneration equal to Philippines. In some countries (e.g. El Salvador,
the minimum wage (for example, the Dominican Mali and Portugal), the right of apprentices to
Republic, Honduras, Spain and the Syrian Arab receive remuneration equal to the minimum
Republic). In Slovenia apprentices are entitled to a wage is recognized after a certain period. In
wage equal to 70 per cent of the base wage of the other countries (e.g. Algeria, Belgium, Colombia,
post they are being trained for, but not lower than France, Gabon, Pakistan and Tunisia), the
the legal minimum wage. remuneration of apprentices varies according
to their age, level of training or progress in the
In most countries, however, national legislation apprenticeship programme. In most countries, the
provides for apprentices to be paid a specific minimum remuneration for apprenticeship is set in
remuneration or indemnity, which is often consultation with the representatives of employers’
expressed as a percentage of the minimum and workers’ organizations.
wage. In Bulgaria, for instance, apprentice wages
are 90  per cent of the minimum wage; they are Source: ILO, 2014a.

The regulation of working time was addressed for the first time in 1919 with the Hours
of Work (Industry) Convention, 1919 (No. 1), which established the principle of the
eight-hour day and 48-hour week for the manufacturing sector. Following Convention
No.  1, numerous working time Conventions were subsequently adopted to reduce
working time to forty hours per week (Forty-Hour Week Convention, 1935 (No. 47)),
introduce weekly rest periods (Weekly Rest (Industry) Convention, 1921 (No. 14))
and regulate night work and holidays with pay.

Today, the body of international labour standards on working time provides a framework
for member States to establish national laws that balance the requirements of work with
the protection of workers’ health and family lives.

Despite a global shift towards the 48-hour standard of weekly working time, there are
still substantial regional differences, as well as uneven progress in reducing hours of
work. A substantial number of workers – estimated at about 22 per cent of total global
employment – are still working more than 48 hours per week, while another proportion
are underemployed, suffering from shorter hours.36 While standards on weekly working
time have become a widespread practice around the world, other forms of working
36 Lee, McCann and Messenger, 2007.

19
Youth rights at work

time  – including compressed workweeks, staggered working time arrangements,


annualized working hours, flexitime, and on-call work – are posing new challenges for
policy-makers. For instance, standards on part-time work have become increasingly
important instruments for addressing such issues as job creation and promoting equality
between men and women in employment and occupation.

The most recurrent gaps between international standards and national laws and practice
on working time include: i) compensation of overtime hours through rest periods that
excludes higher rate of pay; ii) unclear authorization of overtime hours, which makes
it difficult to distinguish between normal and additional hours of work (often leading to
excessive hours of work); iii) denial of compensatory rest; and iv) unpredictable weekly
rest and annual leave.37

For different reasons, both gender and age appear to be important factors in determining
working time. Despite women’s increased participation in paid labour, there is a clear
“gender gap” in working hours worldwide. The main reason is that women’s availability
for paid work is constrained by the time they have to devote to their household and
care responsibilities, and by what is deemed culturally and economically appropriate
because of caring responsibilities. Age is a less powerful (but nonetheless important)
factor in shaping working hours. Around the world, young workers appear to work slightly
shorter hours than prime-age workers. This often reflects the insufficient employment
opportunities young people have and their higher exposure to involuntary part-time
work. But there are also notable exceptions. For example, about three-fifths of informal
employment in developed economies consists of self-employment, where hours of
work are either very long (over 48 hours per week) or very short (less than 35 hours per
week). In countries where young people are predominantly employed in wholesale and
retail trade, hotels and restaurants, and transport, storage and communications, the
share of youth working long hours is typically above that of adults.

37 ILO, 2015a.

20
SECTION 2 Conditions of work

Box 2.4: Hours worked by young people

Available data show that excessive hours of weekly hours of work differ by sex. On average
work (regularly working more than 48 hours per in all the countries shown, men work more hours
week) have been steadily decreasing in nearly in paid labour than women. However it should be
all developed countries during the first decade of noted that when data on hours spent in both paid
the twenty-first century (with roughly 10 per cent and unpaid work are available, and are included
of total workers working over 48 hours per week). in the calculation of working hours, women’s total
The exceptions among developed countries are hours of work typically exceed men’s total hours
Japan and the United States, where excessive of work.
hours of work affect 21.7  per cent and 16.4  per
cent of all workers respectively. Data on hours of work disaggregated by age
group are not available – and when they are, they
By contrast, the data on developing and transition are hardly comparable. A source of comparable
countries present a much more mixed picture, with figures on hours of work for young people is the
some countries – such as Argentina, Brazil, South school-to-work transition survey carried out by the
Africa and Thailand – exhibiting a clear downward ILO in 28 countries. The figures show that working
trend in excessive hours, while in other countries – excessive hours is a common phenomenon in
such as Chile, Morocco and Turkey – long hours of Asia, where on average 33.5  per cent of young
work have remained relatively unchanged. workers (15-29 years) work over 50 hours per
week. In Bangladesh over half of all young workers
In many Latin American countries (Colombia, (51.3  per cent) work excessive hours. In sub-
Costa Rica Ecuador and Peru) the proportion of Saharan Africa, the average proportion of workers
workers working excessive hours reaches one- engaged in excessive working hours is 26.1  per
third of all workers. In some African countries cent, but In Tanzania and Zambia, well over
(Botswana, Cameroon and Ethiopia) nearly 40 per 30 per cent of young workers work long hours. In
cent of all workers work excessive hours, while in Peru, young workers are more likely to be working
others (Uganda and Tanzania) the proportion is excessive hours (19.3 per cent) compared to their
below 30 per cent. peers in Brazil (10 per cent)

ILO data from a tripartite meeting in 2011 of experts Sources: ILO, 2011d; Elder, 2014; Elder and Koné, 2014;
on working-time arrangements show that average Ferrer Guevara, 2014; Venturi and Torini, 2014.

21
Youth rights at work

References used in this section


CLEP and UNDP. 2008. Making the law work for everyone, Volume 1, and Volume 2,
Working Group Reports (New York, Commission on Legal Empowerment of the
Poor and United Nations Development Programme).
Ebisui, M. 2012. Non-standard workers: Good practices of social dialogue and collective
bargaining, Industrial and Employment Relations Department, Working Paper
No. 36 (Geneva, International Labour Office).
Elder, S. 2014. Labour market transition of young women and men in Asia and the
Pacific (Geneva, International Labour Office).
Elder, S.; Koné, K. 2014. Labour market transition of young women and men in sub-
Saharan Africa (Geneva, International Labour Office).
European Foundation for the Improvement of Living and Working Conditions. 2012.
Working conditions of young entrants to the labour market (Dublin, European
Foundation for the Improvement of Living and Working Conditions).
Ferrer Guevara, R. 2014. Transiciones en el mercado de trabajo de las mujeres y
hombres jóvenes en el Perú (Geneva, International Labour Office).
Grimshaw, D. 2014. At work but earning less: Trends in decent pay and minimum wages
for young people (Geneva, International Labour Office).
Hazans, M. 2011. Informal workers across Europe: Evidence from 30 countries, IZA
Discussion Paper No. 5871 (Bonn, Institute for the Study of Labor).
ICLS. 2003. Guidelines concerning a statistical definition of informal employment,
Seventeenth International Conference of Labour Statisticians (Geneva,
International Labour Office).
ILO. 2009. Including the informal economy in the recovery measures, Global Jobs Pact
Policy Brief No. 3/2009 (Geneva, International Labour Office).
—. 2011a. Equality at work: The continuing challenge. Global Report under the followup
to the ILO Declaration on Fundamental Principles and Rights at Work. Report
of the Director-General. International Labour Conference, 100th Session 2011,
Report I(B) (Geneva, International Labour Office).
—. 2011b. From precarious work to decent work: Policies and regulations to combat
precarious employment (Geneva, International Labour Office).
—. 2012. Giving globalization a human face, General Survey on the fundamental
Conventions concerning rights at work in light of the ILO Declaration on Social
Justice for a Fair Globalization, 2008, the Report of the Committee of Experts
on the Application of Conventions and Recommendations, Report III (Part  1B),
International Labour Conference, 101st Session, Geneva, 2012. (Geneva,
International Labour Office).
—. 2012b. Women and men in the informal economy: A statistical portrait (Geneva,
International Labour Office).

22
SECTION 2 Conditions of work

—. 2013. The informal economy and decent work: A policy resource guide supporting
transitions to formality (Geneva, International Labour Office).
—. 2014a. General Survey of the Committee of Experts on Minimum Wage Systems,
International Labour Conference, 103rd Session, 2014, Report III (Part  1B)
(Geneva, International Labour Office).
—. 2014b. Transitioning from the informal to the formal economy, International Labour
Conference, 103rd Session, Report V(1) (Geneva, International Labour Office).
—. 2015a. Application of international labour standards, International Labour Conference,
104th Session, Geneva, 2015 (Geneva, International Labour Office).
—. 2015b. Conclusions of the Meeting of Experts on non-standard forms of employment,
Governing Body, 323rd Session, Geneva, 12–27 March 2015 (Geneva,
International Labour Office).
Lee, S.; McCann, D.; Messenger, J. 2007. Working time around the world: Trends in
working hours, laws, and policies in a global comparative perspective (Geneva,
International Labour Office).
Nilsson, B.; Shehu, E. 2014. Informal employment among youth: Evidence from 20
school-to-work transition surveys (Geneva, International Labour Office).
Owens, R.; Fudge, J. 2006. Precarious work, women, and the new economy: The
challenge to legal norms (Oxford, Hart Publishing).
Venturi, G.; Torini, D. 2014. Transições da escola para o mercado de trabalho de
mulheres e homens jovens no Brasil (Geneva, International Labour Office).

23
SECTION 3 Occupational safety and health

OCCUPATIONAL SAFETY AND SECTION


HEALTH 3
3.1. OCCUPATIONAL SAFETY AND HEALTH
The domain of occupational safety and health (OSH) is vast,
encompassing a large number of disciplines and numerous workplace
and environmental hazards. The ILO has developed a significant body
of international instruments in this area (more than forty standards
specifically dealing with occupational safety and health, and an equal
number of Codes of Practice). These instruments define minimum
standards in the social and labour field and have exerted considerable
influence on national laws and regulations. Three instruments in particular
were identified by the Committee on the Application of Conventions and
Recommendations as key in the area of occupational safety and health:
the Occupational Safety and Health Convention, 1981 (No.  155) and

25
Youth rights at work

its 2002 Protocol and the Promotional Framework for Occupational Safety and Health
Convention, 2006 (No. 187).38

Safety and health conditions at work vary widely between countries, economic sectors
and social groups. Deaths and injuries take a particularly heavy toll in developing
countries, where a large part of the population is engaged in hazardous activities like
agriculture, fishing and mining. Throughout the world, the poorest and least protected –
often women, children, young workers and migrants – are among the most affected.39

Young workers, in particular young men,40 are more at risk in the workplace than
adults, for a number of reasons. First, young workers are often over-represented in
economic sectors with a high incidence of occupational accidents (for example
agriculture, construction and mining).41 Many young people work in hazardous jobs,
with high exposure to physical hazards, excessive workload, long hours of work,
physical discomfort and exposure to dangerous substances (for example in timber
logging, meat packaging and retail trade). They often work in smaller establishment
(less than 50 employees) where the rate of fatal and serious injuries is twice that
reported for larger enterprises that employ more than 200 employees.42 The type of
employment young people get can also expose them to higher risks. For example,
part-time and home-based workers may not be covered by national safety and health
provisions, while young workers in the informal economy are often exposed to poor
working environments, low safety and health standards, environmental hazards and
sexual harassment43 (see box 1.5). Most informal workers have little or no knowledge
of the risks they face and how to avoid them. The very nature of the informal economy
makes it almost impossible for governments to collect the information needed to take
remedial action, and – since much of informal work takes place in households – labour
inspectorates cannot investigate working conditions or provide information and advice
to workers who need it.

Second, young workers are especially prone to occupational injuries. This may occur
because of lack of information and training about occupational health and safety (which
can be attributed to the type of contractual arrangements young workers have). When
new to the workplace, young people may lack physical and psychological maturity, and
their lack of skills and experience may result in their being unaware of the risks they face,
or lead them to ignore risks in order to make a good impression. Often young workers
are unaware of their rights and duties in the workplace and of the responsibilities of
employers. They may lack the confidence to speak up when there is a problem, thus
putting themselves at risk.

38 Based on the Conclusions adopted by the Conference Committee, the ILO took steps to develop a Plan of action (2010–2016) to achieve widespread
ratification and effective implementation of these instruments. This plan of action is accessible at: http://www.ilo.org/wcmsp5/groups/public/---ed_
norm/---normes/documents/policy/wcms_125616.pdf.
39 For more information see: Providing safe and healthy workplaces for both women and men, accessible at: http://www.ilo.org/wcmsp5/groups/public/@
dgreports/@gender/documents/publication/wcms_105060.pdf.
40 Bureau of Labour Statistics, 2013.
41 For more information on OSH in specific economic sectors, see: http://www.ilo.org/safework/info/standards-and-instruments/codes/lang--en/index.
htm?facetcriteria=PROTECT=OSH.HAZ&facetdynlist=UWCMS_137947.
42 ILO, 2009.
43 Owens and Fudge, 2006.

26
SECTION 3 Occupational safety and health

Finally, employers may fail to take into account the specific and different vulnerabilities
of young women and men (because of their lack of skills and experience), and fail to
provide them with the training, supervision and safeguards they need, and/or give them
work that is appropriate for them.

Box 3.1: Occupational health and safety for young people


around the world
An estimated 2.3 million people die every year from skin, pulmonary disorders, infectious diseases
work-related accidents and diseases. More than and musculoskeletal disorders.
160 million people suffer from occupational and
work-related diseases, and there are 313 million Young workers have a lower average risk of
non-fatal accidents per year. The suffering caused developing occupational diseases than older
to workers and their families is incalculable. In workers, but this is mostly due to the low
economic terms, the ILO has estimated that cumulative exposure and/or latency period of the
more than 4 per cent of the world’s annual gross illness, which may not always be recognized due
domestic product is lost as a consequence of to the shorter exposure time of young workers.
occupational accidents and diseases.
In the United States, young workers (15–24)
An estimated 85 million children under 18 years comprised 12.1 per cent of all non-fatal occupational
of age are doing work that poses a physical, injuries and illnesses involving days away from
psychosocial or moral danger to them. Of these, work. Most accidents occur in the service sector
about 48 million are young people whose work (76.1 per cent). This is due to the high incidence of
could be considered legal if there were minimal accidents in the trade, transportation and utilities
risk or if they were well trained and well protected sectors (29  per cent of total young workers’
from hazards. accidents). In addition, men are more likely than
women to sustain a work injury. This is especially
Data on occupational health and safety true for an injury resulting in death. The non-fatal
disaggregated by age group is available mostly injury ratio of men to women is nearly 2:1, whereas
for developed countries. In Europe, for example, the fatal injury ratio is about 11:1.
the data suggest that young workers are more
exposed to noise, vibrations and the handling In Canada, research shows that the incidence of
of dangerous substances, in comparison with injuries among young employees (18–24) is almost
the average working population. National data twice as high as that of older employees (31.1 per
suggest that young workers are at greater risk cent vs. 15.8 per cent). In addition, young workers
of having a non-fatal occupational accident are 3.5 times more susceptible to repeated
compared to an average of 3.3  per cent for the injuries than adult workers. Although health and
working population (4.7 per cent of young workers safety training and awareness of risks at work
aged 18–24 had an occupational accident with are widely advertised by government agencies,
more than three days of work lost). Young workers data shows that on average, only 15 per cent of
up to 24 years old account for 8.9 per cent of all young Canadians participated in formal training,
fatal occupational accidents in Europe (2.6 for while over 70 per cent learned about occupational
every 100 thousand young workers, compared to health and safety informally.
four for every 100 thousand adult workers). Young
workers account for around 7.4  per cent of all
Sources: EU-OSHA, 2006; Raykov and Taylor, 2013; Bureau
occupational diseases. The top five occupational of Labor Statistics, 2013, accessible at: http://www.bls.gov/
diseases are allergic reactions, irritation of the news.release/archives/osh2_12162014.pdf.

27
Youth rights at work

Governments, employers’ and workers’ organizations have a number of complementary


and mutually reinforcing responsibilities in ensuring the health and safety for young
workers.

Governments have the primary responsibility of drawing up occupational safety and


health legislation, in consultation with employers’ and workers’ organizations, and of
ensuring that national occupational safety and health standards are implemented.
Occupational safety and health issues should be addressed by means of laws or
regulations, or any other methods consistent with national conditions and practice,
including collective agreements.44 Labour legislation lays down minimum standards
that are compulsory and applicable to everyone. The practice of countries with good
safety records shows that it is more effective to stipulate the duties of those with primary
responsibility for OSH measures in general terms, rather than to attempt to regulate
a multitude of hazards in detail. This approach is important, because technology is
developing at an increasingly rapid pace, and it often difficult for the legislation to keep
abreast of progress. The trend is to limit the number of statutory instruments and to
promote the adoption by government agencies or specialized professional bodies of
directives, codes of practice and voluntary standards, which are more flexible and can
be updated more easily. This approach fosters prevention, but does not preclude the
enactment of specific regulations where strict measures are required to control serious
occupational hazards.45

In many countries one of the key challenges regarding labour legislation is enforcement.
Therefore it is important for governments to: i)  raise awareness about occupational
safety and health, especially among young people (information, education and training);
ii) prevent the work of minors and young people in hazardous occupations; and iii) ensure
that there is an effective system of labour inspection responsible for enforcing statutory
requirements.

Since young workers are disproportionally exposed to decent work deficits and low-
quality jobs, an effective labour inspection system is essential to ensure their protection
and the enforcement of their rights at work. This is particularly important when young
women and men cannot assert their rights themselves (because they are unaware of
employers’ responsibilities, or have no experience with the risk they are exposed to, or
lack occupational safety and health training – or they are employed by subcontractors
and the responsible employer cannot be clearly determined) or are in a vulnerable
situation (working in sectors with a high risk of work-related deaths, contractual
arrangements that have the effect of depriving them of the protection they are entitled
to, child labour, sexual harassment and violence at work, and human trafficking).46 The
effectiveness of the labour inspection system depends on respect for the principles

44 Article  8 of Convention No.  155 and Article  4(2)(a) of Convention No.  187. Both Conventions provide for the consultation of the representative
organizations of employers and workers (Article 8 of Convention No. 155 and Article 4(1) of Convention No. 187).
45 Alli, 2008.
46 The Committee of Experts on the Application of Standards and Recommendations has indicated that the labour inspectorate is responsible for
verifying whether the conditions in which the contract of employment is concluded comply with the applicable provisions, in particular in the case of
vulnerable workers such as young persons. See ILO, 2006.

28
SECTION 3 Occupational safety and health

set out in the labour inspection instruments, including those on the number, extent and
quality of labour inspections.47

The role of labour inspectors is not limited to enforcement, but also includes information
and advice to employers and workers.48 In particular, labour inspectors can raise
awareness among young workers about their rights at work, and provide them with
information on their contractual entitlements, safety measures and risks. Another role
of labour inspectors is to identify and bring abuses to the attention of policy-makers
that are not specifically covered by the existing legislation.49 This function is particularly
important in the case of contractual arrangements that have the effect of depriving
young workers of certain rights and which the regulations do not yet cover or address.

As occupational hazards arise at the workplace, it is the responsibility of employers to


ensure that the working environment is safe and healthy.50 This means that they must
prevent occupational hazards and ensure that management processes promote safety
and health at work. Training is one of the most important tasks under the responsibility
of employers. Workers need to know not only how to do their jobs, but also how to
protect themselves and their co-workers. Such training should include information on
the safety and health aspects of the work, and on ways to prevent or minimize exposure
to hazards, as well as recognizing and addressing sexual harassment. Employers must
be in a position to deal with accidents and emergencies, including by providing first-
aid facilities. Adequate arrangements should also be made for compensation of work-
related injuries and diseases, as well as for rehabilitation.

Young workers have the duty to take care of their own safety, as well as the safety of
anyone who might be affected by what they do or fail to do. This includes the right: to
be informed about hazards, occupational risks and dangers; to be trained to carry out
their tasks safely; and to stop work in the case of imminent danger to safety or health.
Finally, young workers have the right to join occupational health committees established
to provide advice on how to improve health and safety in the workplace.51

47 These principles relate for instance to the functioning of the labour inspection system under the supervision and control of a central authority (Article 4),
the provision of arrangements to promote effective cooperation with other government services, and the effective collaboration with employers
and workers or their organizations (Article 5). They also relate to the required status and conditions of service (Article 6), powers and prerogatives
(Articles 13, 17 and 18) and obligations of labour inspectors (Article 15).
48 See Article 3(1)(b) of the Convention.
49 See Article 3(1)(c) of the Convention.
50 Alli, 2008.
51 These committees may be mandatory under certain conditions (for instance, in enterprises with a minimum number of workers).

29
Youth rights at work

Box 3.2: Education and training for youth on safety and health

The integration of health and safety into education a safety and health primer for young workers,
and training programmes is one of the policy tools and subject specific modules on construction,
countries have at their disposal to ensure that cosmetology, the culinary industry and healthcare)
young people are well informed and trained about to improve awareness on occupational health and
safety and health in the workplace. safety.

In the European Union, the trend is towards The National Institute for Occupational Health and
a whole-school approach: primary and lower Safety in United States developed a foundation
secondary education addresses general concepts curriculum in occupational safety and health
of health, safety and well-being, while secondary (Youth@Work: Talking Safety). This curriculum is
and higher education focuses on the acquisition meant to be used in a classroom or other group
of social and professional skills promoting the training setting, and has been customized for a
concept of health, safety and well-being at work. number of states and territories (Puerto Rico,
This approach: i)  combines risk education and District of Columbia and the U.S. Virgin Islands)
management of safety and health in schools to address their specific child labour rules and
for both pupils and staff; ii)  brings together regulations.
risk education, health education and safety
management; iii)  trains teachers in occupational The Canadian Centre for Occupational Health
safety and health, improving their understanding and Safety provides online resources for parents,
of the subject matter and developing practical employers, teachers and young workers on
skills, which improves their ability to provide risk applicable legislation, rights at work, description of
education to pupils; and iv)  involves pupils in hazards, workers’ responsibilities and so on.
spotting hazards and proposing solutions to them.
Source: EU-OSHA, 2013; Georgia Tech Research Institute,
Center for young worker health and safety, online training
There are online resources in many developed accessible at: http://www.youngworker.gatech.edu/training-
countries for teachers, parents and young people. page; National Institute for Occupational Health and Safety,
For example, the Georgia Tech Research Institute Talking Safety, accessible at: http://www.cdc.gov/niosh/
provides seven online training modules (general talkingsafety/; Canadian Centre for Occupational Health
awareness training, young worker safety and and Safety, Young Worker Zone, accessible at: http://www.
health training for instructors and employers, ccohs.ca/youngworkers/for_young_workers/

30
SECTION 3 Occupational safety and health

Key readings
Alli, B. 2008. Fundamental principles of occupational health and safety
(Geneva,  International Labour Office).
This book introduces the ILO instruments promoting occupational health and
safety, and focuses on key topics that are essential for the design of OSH policies
and operational measures.

References used in this section


Bureau of Labour Statistics. 2013. Census of fatal occupational injuries (Washington
D.C., United States Department of Labor).
EU-OSHA. 2013. Occupational safety and health and education: A whole school
approach (Brussels, European Agency for Safety and Health at Work).
ILO. 2006. General Survey on Labour Inspection, International Labour Conference
95th Session, 2006, Report III (Part 1B) (Geneva, International Labour Office).
—. 2009. General Survey concerning the Occupational Safety and Health Convention,
1981 (No. 155), the Occupational Safety and Health Recommendation, 1981
(No.  164), and the Protocol of 2002 to the Occupational Safety and Health
Convention, 1981, International Labour Conference, 98th Session, 2009. Report
III (Part 1B) (Geneva, International Labour Office).
Owens, R.; Fudge, J. 2006. Precarious work, women, and the new economy: The
challenge to legal norms (Oxford, Hart Publishing).
Raykov, M.; Taylor, A. 2013. “Health and safety for Canadian youth in trades”, in Just
Labour, Vol. 20, pp. 33–50.

31
SECTION 4 Social protection

SOCIAL PROTECTION SECTION


4
4.1. SOCIAL PROTECTION
Men and women are exposed to various types of risks throughout
their life. These risks vary from one life cycle to another (childhood,
adulthood and old age), but vulnerability at one stage of life is likely to be
transmitted to later stages.52 Differences in lifecycle events between men
and women mean that they are exposed to different risks based on their
sex and on gender norms. For example, young women are more likely
than men to be in part-time, informal and low-paid work. Young women
are particularly vulnerable to gender-based challenges in the labour
market, because of their own early life-cycle transitions and the caring
responsibilities of parenthood that are associated with these life stages.
These gender-based differences and associated social expectations
impact on their ability to pay into social security and pension systems.
For instance, pregnant women’s lack of access to maternity cash benefit
schemes has long-lasting negative effects on women’s maternal rights

52 Bonilla García and Gruat, 2003.

33
Youth rights at work

with regards to health and education, and therefore national development. Worldwide
less than 40 per cent of women in employment are covered by law under mandatory
maternity cash benefit schemes. Effective coverage is even lower, at only 28 per cent
of women in employment worldwide.53

Social security is the protection that a society provides to individuals and households
to ensure access to health care and to guarantee income security  – particularly in
cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of
a breadwinner. It is broadly defined as a system of contribution-based health, pension
and unemployment protection, together with social benefits funded through national
revenues.

Social security plays a crucial role in social and economic development, and notably
in combating poverty, vulnerability and social exclusion, in promoting gender equality
and realizing decent work for all.54 It helps build human capital, manage risks, promote
investment and entrepreneurship and improve participation in labour markets. Social
protection programmes can be affordable, including for the poorest countries, and
represent good value for money.55 By providing health care, income security and social
services, social protection enhances productivity and contributes to the dignity and
full realization of individuals. Social security systems include maternity, paternity and
parental pay and leave. They promote gender equality, through the adoption of measures
to ensure that women and men who have children enjoy equal opportunities in the labour
market and encouraging men to take up a larger share of childcare responsibilities (see
box 4.1 for the example on parental leave). For employers, social security helps in
maintaining a stable workforce that is adaptable to change. Finally, by providing a safety
net in case of economic shocks, social security serves as a fundamental element of
social cohesion.56

Box 4.1: Parental leave

Both Recommendation No.  191 (accompanying as well as payment and other aspects, such as
Convention No.  183 on maternity protection) conditions of the leave and the distribution of
and recommendation No.  165 (accompanying parental leave between the parents – are not set
Convention No.  156 on workers with family by the Recommendations, but should rather be
responsibilities) contain provisions on parental determined at a national level. In Recommendation
leave. Recommendations No.  191 and No.  165 No. 165 parental leave is regarded as part of an
state that a period of parental leave should be integrated approach to assist in reconciling work
available to either parent following maternity, and family responsibilities.
leave without their relinquishing employment
and with their employment rights protected (see
section  1). The duration of this leave period  – Sources: Addati, Cassirer and Gilchrist, 2014.

53 ILO, 2014c.
54 ILO, 2012d.
55 OECD, 2009.
56 ILO, 2009d.

34
SECTION 4 Social protection

Some level of social security protection exists in nearly all countries, though only a
minority of countries provides protection in all branches (sickness, disability, old age,
survivors, maternity, children maintenance, unemployment, employment injury, poverty
and social exclusion).57 There is no country in the world without any form of social
security, although in many countries coverage is limited to few branches only, and only
a minority of the population has access – both in law and practice – to the schemes that
exist (see box 4.2).

Like any other age group, young people should be entitled to a basic range of social
security benefits to protect them against life, employment and social contingencies.
However, in many instances the enforcement of labour legislation is weak and the
prevalence of young people in atypical and precarious forms of employment precludes
them from having access to basic social protection. In some countries there are not
many social security programmes available that are specifically designed for young
people, other than unemployment benefits for new labour market entrants. Generally
speaking, measures targeting young people are found at a higher level of economic
development (for example, measures to promote youth employability, youth employment
promotion programmes, or lower social security contributions as an incentive to firms
to hire young workers).58

Box 4.2: Social security around the world

While the need for social protection is widely of children and families, particularly in low- and
recognized, the fundamental human right to middle-income countries with large populations
social security remains unfulfilled for the large of children. Governments allocate on average
majority of the world’s population. Only 27  per 0.4 per cent of gross domestic product (GDP) to
cent of the global population enjoys access to child and family benefits  – ranging from 2.2  per
comprehensive social security systems over the cent in Western Europe to 0.2 per cent in Africa
life cycle. Comparable data on social security and in Asia and the Pacific. About 18,000 children
coverage disaggregated by age group is largely die every day, mainly from causes that could
unavailable. However, the fact that young people be averted through adequate social protection.
are more exposed to informal work, precarious Over 400 million children live in extreme poverty.
employment and work-related accidents and Approximately 168 million children are in child
illnesses as compared to adults, indicates that in labour, with more than half of them in hazardous
practice their access to social protection is lower work.
than that reported below.
Social protection for the working age
Social protection for children and families: population (unemployment, employment
Despite the expansion recorded in the last two injury, disability benefits and maternity
decades, existing social protection policies do not protection): Worldwide, 2.3  per cent of GDP
sufficiently address the income security needs is allocated to social protection expenditure for

57 The notion of social security used by the ILO has two main (functional) dimensions, namely “income security” and “availability of medical care”.
Social security coverage can be directly measured only separately for each of the specific branches – such as health care, old age or unemployment
protection – or for a group of specific schemes within each branch. ILO, 2010b.
58 ILO, 2009c.

35
Youth rights at work

women and men to ensure income security over Old-age pensions: Nearly half (48  per cent) of
their working lives. Levels vary widely between all people of pensionable age do not receive
world regions, ranging from 0.5 per cent in Africa a pension. For many who have a pension, the
to 5.9  per cent in Western Europe. Only 28  per level is inadequate. As a result, the majority
cent of the worldwide labour force is potentially of the world’s older women and men have no
eligible for (contributory or non-contributory) income security, have no right to retire, and have
benefits should they become unemployed. The to continue working as long as they can. Under
highest coverage is found in Europe (80 per cent existing laws and regulations, only 42 per cent of
of the labour force). In Latin America, the share people of working age today can expect to receive
of the labour force covered by unemployment social security pensions in the future, and effective
protection is 38  per cent, while it is 21  per cent coverage is expected to be even lower.
in the Middle East, 17  per cent in the Asia and
Pacific region, and 8 per cent in Africa. Only 12 per Health coverage: More than 90  per cent of the
cent of unemployed workers actually receive population living in low-income countries remains
unemployment benefits (with effective coverage without any right to health coverage. Worldwide
ranging from 64  per cent in Western Europe to 39  per cent of the population is lacking such
less than 3 per cent in the Middle East and Africa). coverage. As a result, about 40  per cent of all
global health expenditure is shouldered directly by
Only 33.9  per cent of the global labour force is the sick.
covered under the law for employment injury through
mandatory social insurance. Access to employment Maternity benefits: As of 2013, over 100 countries
injury protection is even lower in practice, due to poor examined in a recent ILO report (58  per cent)
enforcement. Only 87 countries in the world offer were financing maternity benefits through social
non-contributory disability benefits that provide a security, while 16 per cent relied on a combination
minimum level of income security for those disabled of payments by employers and social security.
from birth or before working age, and for those who Roughly one quarter (47 countries) continued to
have not had the opportunity to contribute to social stipulate that payment during leave should be
insurance for long enough to become eligible. covered entirely by the employer, with no provision
Less than 40  per cent of women in employment from social security.
are covered by mandatory maternity cash benefit
schemes. Due to ineffective implementation and
enforcement of the law in some regions (Asia and
the Pacific, Latin America and Africa in particular),
effective coverage is even lower (28  per cent of
women in employment). Sources: Addati, Cassirer and Gilchrist, 2014. ILO, 2014c.

36
SECTION 4 Social protection

International standards on social protection provide for different types of social security
coverage under different economic systems and stages of development.59 In line with
national circumstances, effective national strategies to extend social security should aim
at achieving universal protection of the population. This should be done by ensuring at
least minimum levels of income security and access to essential health care (horizontal
dimension), and progressively ensuring higher levels of protection guided by up-to-
date ILO social security standards (vertical dimension). In line with national priorities,
resources and circumstances, such two-dimensional strategies should aim at building
and maintaining comprehensive and adequate social security systems.60 Box 4.3 below
summarizes the key features of a minimum social protection floor as a basic human
right for all people.

Box 4.3: Social protection floors

The most prominent ILO standards in the area of (SPF) within progressively more comprehensive
social security are the Social Security (Minimum social security systems. It sets the following basic
Standards) Convention, 1952 (No. 102) and the social security guarantees:
Social Protection Floors Recommendation, a. access to essential health care, including
2012 (No. 202). maternity care, that meets the criteria of
availability, accessibility, acceptability and
The Social Security (Minimum Standards) quality;
Convention is unique among international b. basic income security for children, providing
standards as it regroups the nine classic social access to nutrition, education, care and any
security contingencies (medical care, sickness, other necessary goods and services;
unemployment, old age, employment injury, c. basic income security for persons of
family responsibilities, maternity, invalidity and economically active age who are unable to
survivorship) into a single comprehensive and earn sufficient income, in particular in cases
legally binding instrument. It sets qualitative of sickness, unemployment, maternity and
and quantitative benchmarks for each of these disability; and
contingencies, which together determine the d. basic income security for older persons.
minimum standards of social security protection to
be provided by social security schemes with regard This Recommendation also provides guidance
to contingency coverage, persons protected, to member States in the formulation of national
type and rate of benefits, entitlement conditions social security extension strategies, which should
(including qualifying period) and duration of benefit prioritize the implementation of national social
and waiting period. protection floors and seek to provide higher levels
of protection to as many people as possible, as
The ILO Recommendation concerning national soon as possible.
social protection floors reaffirms the role of
social security as a human right and social and
Sources: ILO, 2009d; Social Security (Minimum Standards)
economic necessity, and provides guidance to Convention, 1952 (No.  102); Social Protection Floors
member States in building social protection floors Recommendation, 2012 (No. 202).

59 Ibid. See also ILO, 2012d.


60 ILO, 2012e.

37
Youth rights at work

A Glossary
B
C
Annual leave (or paid leave): Annual period during which workers take time away
from their work while continuing to receive an income and to be entitled to social
protection. Workers can take a specified number of working days or weeks of leave,
with the aim of allowing them the opportunity for extended rest and recreation.
Apprentice wages: The remuneration provided to young people attending an
apprenticeship programme, for the practical work they carry out in a firm as part of
their learning.
Child labour: Work that deprives children of their childhood, their potential and their
dignity, and that is harmful to physical and mental development. It refers to work
that is: i) mentally, physically, socially or morally dangerous and harmful to children;
and ii) interferes with their education by: depriving them of the opportunity to attend
school; obliging them to leave school prematurely; or requiring them to attempt to
combine school attendance with excessively long and heavy work.
Conditions of work: Broad term that include hours of work, wages and other working
conditions, labour relations, employment security, work–life balance, equal
opportunity and treatment, a safe work environment and social security.
Excessive hours of work: Hours worked exceeding 48 hours per week
Hazardous work: A hazard is defined as any activity, situation or substance that can
cause harm either physically or mentally. Hazardous work is any type of work which
by its nature or the circumstances in which it is carried out is likely to jeopardize the
health or safety or of the worker.
Informal employment: It refers to those jobs that generally lack basic social or legal
protections or employment benefits. It may be found in formal sector enterprises,
informal sector enterprises or households. Informal employment includes: i) own-
account workers employed in their own informal sector enterprises; ii) employers
employed in their own informal sector enterprises; iii) contributing family workers; iv)
members of informal producers’ cooperatives; v) employees holding informal jobs
within formal sector enterprises or informal sector enterprises, or as paid domestic
workers employed by households; and vi) own-account workers engaged in the
production of goods exclusively for own final use.
Non-standard (atypical) forms of work: Broad term used to distinguish those forms of
work that are different from the regular or standard model of full-time, permanent
and direct employment. It includes among other things: part-time work, temporary
agency work, fixed-term work, informal employment, commercial contract holders
(contracted/subcontracted work) and economically dependent self-employment.
Occupational safety and health: It refers to the anticipation, recognition, evaluation and
control of hazards arising in or from the workplace and that could impair the health
and well-being of workers.

38
SECTION 4 Social protection

Precarious work: It includes: i) workers whose contract of employment leads to them


being classified as casual, short-term or seasonal workers; and ii) workers whose
contracts of employment allow the employing enterprise or person to terminate the
contract at short notice and/or at will.
Sexual harassment: Unwelcome sexual advances, requests for sexual favours, and other
verbal or physical conduct of a sexual nature constitutes sexual harassment when
submission to or rejection of this conduct explicitly or implicitly affects an individual’s
employment, unreasonably interferes with an individual’s work performance, or
creates an intimidating, hostile or offensive work environment.61
Social protection: Often interpreted as having a broader character than social security
(including in particular the protection provided between members of the family or
members of a local community), but it is also used in some contexts with a narrower
meaning (understood as comprising only measures addressed to the poorest, most
vulnerable or excluded members of society). But in many contexts the two terms –
“social security” and “social protection” – are largely interchangeable.
A social protection floor: A nationally defined set of basic social security guarantees
that secure protection aimed at preventing or alleviating poverty, vulnerability and
social exclusion. These guarantees should ensure at a minimum that over their life
cycle all in need have access to at least essential health care and basic income
security.
Social security: It includes all measures providing benefits (whether in cash or in kind)
to secure protection from (among other things): i) lack of work-related income
(or insufficient income), caused by sickness, disability, maternity, employment
injury, unemployment, old age or death of a family member; ii) lack of access or
of unaffordable access to health care; iii) insufficient family support, particularly
for children and adult dependents; and iv) general poverty and social exclusion.
Social security has two main (functional) dimensions, namely “income security” and
“availability of medical care”.
Sub-minimum wage (youth): It refers to a lower level of the legal minimum wage that
can be applied to young workers (especially teenagers).
(Time-related) underemployment: It refers to those workers who work for less than a
specified threshold number of hours while being willing and available to work more
hours than those worked in their job(s).

61 United States Equal Employment Opportunity Commission accessible at: http://www.eeoc.gov/eeoc/publications/fs-sex.cfm.

39
Youth rights at work

Relevant international labour standards62

A) FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING


Freedom of Association and Protection of the Right to Organise Convention,
1948 (No. 87)
This fundamental Convention sets forth the right for workers and employers to establish
and join organizations of their own choosing without prior authorization. Workers’ and
employers’ organizations shall organize freely and not be subject to being dissolved
or suspended by administrative authority. They shall have the right to establish and
join federations and confederations, which may in turn affiliate with international
organizations of workers and employers.
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
This fundamental Convention provides that workers shall enjoy adequate protection
against acts of anti-union discrimination, including requirements that for employment
a worker not join a union, or that they relinquish trade union membership, or dismissal
of a worker because of union membership or participation in union activities. Workers’
and employers’ organizations shall enjoy adequate protection against any acts of
interference by the other – in particular the establishment of workers’ organizations under
the domination of employers or employers’ organizations, or the support of workers’
organizations by financial or other means with the object of placing such organizations
under the control of employers or employers’ organizations. The Convention also
enshrines the right to collective bargaining (see also under collective bargaining).
Workers’ Representatives Convention, 1971 (No. 135)
Workers’ representatives in an undertaking shall enjoy effective protection against any
act prejudicial to them, including dismissal, that is based on their status or activities as
a workers’ representative, or on union membership or participation in union activities,
in so far as they act in conformity with existing laws or collective agreements or other
jointly agreed arrangements. Facilities shall be afforded in the undertaking to workers’
representatives as may be appropriate to enable them to carry out their functions
promptly and efficiently.
Rural Workers’ Organisations Convention, 1975 (No. 141)
All categories of rural workers, whether wage earners or self-employed, shall have
the right to establish and – subject only to the rules of the organization concerned –
join organizations of their own choosing, without prior authorization. The principles of
freedom of association shall be fully respected. Rural workers’ organizations shall be
independent and voluntary in character, and shall remain free from all interference,
coercion or repression. National policy shall facilitate the establishment and growth
on a voluntary basis of strong and independent organizations of rural workers, as an
effective means of ensuring the participation of these workers in economic and social
development.
62 The complete list of International Labour Standards relevant to work and young persons can be found in the Appendix of The youth employment crisis:
A call for action, Resolution and conclusions of the 101st Session of the International Labour Conference, Geneva, 2012. Online access to the most
relevant standards is available at: http://www.ilo.org/employment/Whatwedo/Publications/WCMS_115993/lang--en/index.htm.

40
SECTION 4 Social protection

Labour Relations (Public Service) Convention, 1978 (No. 151)


Public employees as defined by the Convention shall enjoy adequate protection against
acts of anti-union discrimination in respect of their employment. Their organizations shall
enjoy complete independence from public authorities, as well as adequate protection
against any acts of interference by a public authority in their establishment, functioning
or administration.
Collective Bargaining Convention, 1981 (No. 154)
This Convention defines collective bargaining and calls for its promotion in all branches
of economic activity, including the public service.

B) FORCED LABOUR
Forced Labour Convention, 1930 (No. 29)
This fundamental Convention prohibits all forms of forced or compulsory labour, which is
defined as “all work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself voluntarily”. Exceptions are
provided for work required by compulsory military service, normal civic obligations, as a
consequence of a conviction in a court of law (provided that the work or service in question
is carried out under the supervision and control of a public authority and that the person
carrying it out is not hired to or placed at the disposal of private individuals, companies or
associations), in cases of emergency, and for minor communal services performed by the
members of a community in the direct interest of the community.
The Convention also requires that the illegal extraction of forced or compulsory labour
be punishable as a criminal offence, and that ratifying States ensure that the relevant
penalties imposed by law are adequate and strictly enforced.
Abolition of Forced Labour Convention, 1957 (No. 105)
This fundamental Convention prohibits forced or compulsory labour: as a means of
political coercion or education, or as a punishment for holding or expressing political
views or views ideologically opposed to the established political, social or economic
system; as a method of mobilizing and using labour for purposes of economic
development; as a means of labour discipline; as a punishment for having participated
in strikes; and as a means of racial, social, national or religious discrimination.

C) EQUALITY OF OPPORTUNITY AND TREATMENT


Equal Remuneration Convention, 1951 (No. 100)
This fundamental Convention requires ratifying countries to ensure application of the
principle of equal remuneration for men and women workers for work of equal value. The
term “remuneration” is broadly defined to include the ordinary, basic or minimum wage
or salary, plus any additional emoluments payable directly or indirectly, whether in cash
or in kind, by the employer to the worker and arising out of the worker’s employment.
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
This fundamental Convention defines discrimination as any distinction, exclusion or
preference made on the basis of race, colour, sex, religion, political opinion, national
extraction or social origin that has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation. It requires ratifying States to

41
Youth rights at work

declare and pursue a national policy designed to promote (by methods appropriate
to national conditions and practice), equality of opportunity and treatment in respect
of employment and occupation, with a view to eliminating any discrimination in these
fields. This includes discrimination in relation to access to vocational training, access
to employment and to particular occupations, and terms and conditions of employment.
Workers with Family Responsibilities Convention, 1981 (No. 156)
With the aim of creating effective equality of opportunity and treatment for men and
women workers, this Convention requires ratifying States to make it a goal of national
policy to enable persons with family responsibilities who are engaged or wish to engage
in employment, to exercise their right to do so without being subject to discrimination
and, to the extent possible, without conflict between their employment and family
responsibilities. The Convention also requires governments to take account of the
needs of workers with family responsibilities within community planning, and to develop
or promote public or private community services, such as childcare and family services
and facilities. In addition to these standards, numerous other ILO standards include
provisions on equality in relation to the specific topic they cover.

D) CHILD LABOUR
Minimum Age Convention, 1973 (No. 138)
This fundamental Convention sets the general minimum age for admission to employment
or work at 15 years (13 for light work) and the minimum age for hazardous work at 18
(16 under certain strict conditions). It provides for the possibility of initially setting the
general minimum age at 14 (12 for light work), when the economy and educational
facilities are insufficiently developed.
Worst Forms of Child Labour Convention, 1999 (No. 182)
This fundamental Convention defines a “child” as a person under 18 years of age. It
requires ratifying States to eliminate the worst forms of child labour, including: all forms
of slavery or practices similar to slavery (such as the sale and trafficking of children, debt
bondage and serfdom, and forced or compulsory labour, including forced or compulsory
recruitment of children for use in armed conflict); child prostitution and pornography;
using children for illicit activities, in particular for the production and trafficking of drugs;
and work which is likely to harm the health, safety or morals of children. The Convention
requires ratifying States to provide the necessary and appropriate direct assistance for
the removal of children from the worst forms of child labour and for their rehabilitation
and social integration. It also requires States to ensure access to free basic education
and, wherever possible and appropriate, vocational training for children removed from
the worst forms of child labour.

E) EMPLOYMENT PROMOTION
Employment Policy Convention, 1964 (No. 122)
This priority Convention requires ratifying States to declare and pursue an active
policy designed to promote full, productive and freely chosen employment. Such a
policy shall aim to ensure: that there is work for all who are available for and are
seeking work; that such work is as productive as possible; and that there is freedom
of choice of employment and the fullest possible opportunity for each worker to qualify

42
SECTION 4 Social protection

for and to use his or her skills and endowments in a job for which he or she is well
suited, irrespective of race, colour, sex, religion, political opinion, national extraction
or social origin. This policy shall take due account of the stage and level of economic
development and the mutual relationships between employment objectives and other
economic and social objectives, and shall be pursued by methods that are appropriate
to national conditions and practices. The Convention also requires member States
to take measures to apply an employment policy in consultation with workers’ and
employers’ representatives.
Employment Service Convention, 1948 (No. 88)
Requires ratifying States to establish and operate an employment service that is
accessible to everyone, free of charge to both workers and employers.
The Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)
provides that Members should adopt measures to respond to the needs of all categories
of persons frequently having difficulties in finding lasting employment, such as certain
young workers.
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983
(No. 159)
Sets forth the principles of national policy for the vocational rehabilitation and
employment of persons with disabilities, and provides for the setting up and evaluation
of vocational guidance, vocational training and placement and unemployment services
for persons with disabilities.
Private Employment Agencies Convention, 1997 (No. 181)
Requires ratifying States to ensure that private employment agencies respect principles
of non-discrimination. Provides for cooperation between private and public employment
services, general principles to protect job-seekers against unethical or inappropriate
practices, and protection of workers under subcontracting arrangements and workers
recruited from abroad. It also applies to temporary work agencies.
Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998
(No. 189)
Suggests that member States should adopt measures that are appropriate to national
conditions and consistent with national practice in order to promote small- and
medium-sized enterprises, in regard to their importance in promoting employment and
sustainable economic growth.
Promotion of Cooperatives Recommendation, 2002 (No. 193)
Aims to promote cooperatives, in particular in relation to their role in job creation,
mobilizing resources and generating investment.
Labour Administration Convention, 1978 (No. 150)
Defines labour administration as public administration activities in the field of national
labour policy. National labour administrations are called upon to develop labour
policies (including laws, programmes and studies) in coordination with the social
partners to better protect vulnerable workers (such as young workers) and ensure their
participation in the labour force. In order to complete this task successfully, the labour
administration system (all public administration bodies responsible for and/or engaged
in labour administration) must be organized in an effective manner and have available
the necessary human and material means for this purpose.

43
Youth rights at work

Labour-related agencies such as public employment services (PES) and vocational


training institutions can contribute to more efficient and higher quality services, including
for young workers  – if properly regulated, supervised and coordinated by the labour
ministry.

F) WORKING HOURS
Hours of Work (Industry) Convention, 1919 (No. 1)
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30)
These two Conventions set the general standard at 48 regular hours of work per week,
with a maximum of 8 hours per day.
Forty-Hour Week Convention, 1935 (No. 47)
Reduction of Hours of Work Recommendation, 1962 (No. 116)
Set out the principle of the 40-hour workweek.
Weekly Rest (Industry) Convention, 1921 (No. 14)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)
Set the general standard according to which workers shall enjoy a rest period of at least
24 consecutive hours every 7 days.
Holidays with Pay Convention (Revised), 1970 (No. 132)
Every person to whom the Convention applies shall enjoy at least three working weeks
of annual paid holiday after one year of service.
Night Work Convention, 1990 (No. 171)
Requires ratifying States to take those measures required by the nature of night work
for the protection of night workers. Night work is defined as work performed during
a period of not less than seven consecutive hours and that includes the period from
midnight to 5 a.m. It also requires that alternatives to night work be offered to women for
specified periods during and after pregnancy.
Part-Time Work Convention, 1994 (No. 175)
Requires ratifying States to ensure that part-time workers receive protection, basic
wage and social security  – as well as employment conditions  – equivalent to those
accorded to comparable full-time workers.

G) OCCUPATIONAL SAFETY AND HEALTH CONVENTIONS


The ILO has adopted more than 40 standards specifically dealing with occupational
safety and health, as well as over 40 Codes of Practice. Nearly half of ILO instruments
deal directly or indirectly with occupational safety and health issues.
Fundamental principles of occupational safety and health
Occupational Safety and Health Convention, 1981 (No. 155) and its Protocol of
2002
The Convention provides for the adoption of a coherent national occupational safety
and health policy, as well as action to be taken by governments and within enterprises to
promote occupational safety and health and to improve working conditions. This policy
shall be developed while taking into consideration national conditions and practice. The
Protocol calls for the establishment and periodic review of requirements and procedures

44
SECTION 4 Social protection

for the recording and notification of occupational accidents and diseases, and for the
publication of related annual statistics.
Occupational Health Services Convention, 1985 (No. 161)
This Convention provides for the establishment of enterprise-level occupational health
services that are entrusted with essentially preventive functions and are responsible
for advising the employer, the workers and their representatives in the enterprise for
maintaining a safe and healthy working environment.
Promotional Framework for Occupational Safety and Health Convention, 2006
(No. 187)
This Convention aims at promoting a preventative safety and health culture and
progressively achieving a safe and healthy working environment. It requires ratifying
States to develop a national policy, system and programme on occupational safety and
health, in consultation with the most representative organizations of employers and
workers. The national policy shall be developed in accordance with the principles of
Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155), and the
national systems and programmes shall be developed taking into account the principles
set out in relevant ILO instruments. A list of relevant instruments is contained in the Annex
to the Promotional Framework for Occupational Safety and Health Recommendation,
2006 (No.  197). National systems shall provide the infrastructure for implementing
national policy and programmes on occupational safety and health, such as laws
and regulations, authorities or bodies, compliance mechanisms (including inspection
systems) and arrangements at the level of the undertaking. National programmes shall
include time-bound measures to promote occupational safety and health that enable
the measuring of progress.

H) SOCIAL SECURITY CONVENTIONS


Social Security (Minimum Standards) Convention, 1952 (No. 102)
Lays down the minimum standard for the level of social security benefits, and the
conditions under which they are granted. It covers the nine principal branches of social
security, namely medical care, sickness, unemployment, old age, employment injury,
family, maternity, invalidity and survivors’ benefits. To ensure that it could be applied in
all national circumstances, the Convention offers the possibility of ratification by States
accepting at least three of its nine branches and subsequently accepting obligations
under other branches, thereby allowing them to progressively attain all the objectives
set out in the Convention. The level of minimum benefits can be determined with
reference to the level of wages in the country concerned. Temporary exceptions may
also be envisaged for countries whose economy and medical facilities are insufficiently
developed, thereby enabling them to restrict the scope of the Convention and the
coverage of the benefits granted.
Equality of Treatment (Social Security) Convention, 1962 (No. 118)
Maintenance of Social Security Rights Convention, 1982 (No. 157)
These instruments provide for certain social security rights and benefits for migrant
workers, who face the problem of losing the entitlements to social security benefits that
they enjoyed in their country of origin

45
Youth rights at work

Employment Promotion and Protection against Unemployment Convention,


1988 (No. 168)
This Convention (together with the Employment Promotion and Protection against
Unemployment Recommendation, 1988 (No. 176)) goes beyond the traditional social
security concept of providing benefits for a defined contingency, into a much wider
concept of ensuring comprehensive social protection for all those who seek work.
These instruments integrate income support and employment assistance into a
system of protection against unemployment, which covers contingencies such as full
and partial unemployment, temporary suspension of work, part-time workers seeking
full-time work, and new applicants for employment. They also broaden the range of
benefits and employment and social services for unemployment individuals, including
special programmes to promote job opportunities and extend employment assistance
to disadvantaged persons, such as women, young workers, disabled persons, older
workers, the long-term unemployed, migrant workers and workers affected by structural
change. One important feature of the Convention is the emphasis on the activation
measures ensuring a quick return to work, which are to be pursued on two levels: by
increasing the efforts and responsibilities of the unemployed persons through more
effective methods of providing unemployment benefit, and by using social security as a
means to promote employment creation and the employability of jobseekers.
Social Security (Minimum Standards) Convention, 1952 (No. 102)
Countries ratifying this Convention have an obligation to secure to protected persons the
provision of medical care, sickness, unemployment and old age benefits. The Convention
also specifies the persons entitled, the contingency covered, the minimum period of
coverage and payment arrangements. This instrument brought together into a single,
comprehensive and legally binding instrument the range of nine benefits considered to
form the core of social security (medical care, sickness benefit, unemployment benefit,
old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity
benefit and survivors’ benefit), and placed them under the principles of governance
applicable to the entire social security system.

I) VOCATIONAL GUIDANCE AND TRAINING


Paid Educational Leave Convention, 1974 (No. 140)
Requires ratifying States to formulate and apply a policy designed to promote (by
methods appropriate to national conditions and practice and by stages as necessary)
the granting of paid educational leave for the purpose of: training at any level; general,
social and civic education; and trade union education.
Human Resources Development Convention, 1975 (No. 142)
Requires ratifying States to develop policies and programmes of vocational guidance
and vocational training, closely linked with employment, in particular through public
employment services. For this purpose States are further required to develop
complementary systems of general, technical and vocational education, educational
and vocational guidance and vocational training, and to extend them gradually to young
persons and adults, including appropriate programmes for the disabled.

46
SECTION 4 Social protection

Human Resources Development Recommendation, 2004 (No. 195)


Stipulates that member States should promote access to education, training and lifelong
learning for people with special needs identified nationally, such as youth.

J) EMPLOYMENT PROTECTION LEGISLATION


Termination of Employment Convention, 1982 (No. 158)
This Convention prescribes that the employment of a worker shall not be terminated
without valid reason. Trade union membership, race, colour, sex, marital status, family
responsibilities, pregnancy, religion, political opinion, national extraction or social
origin, absence from work due of illness or injury all constitute grounds that are not
valid for termination. Workers whose employment is to be terminated are entitled
to: i) a reasonable period of notice (or compensation in lieu thereof); ii) a severance
allowance or other separation benefits; and iii) benefits from unemployment insurance
or assistance or other forms of social security.
Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
Aims at ensuring respect for minimum labour standards in the execution of public
contracts.

K) WAGES
Protection of Wages Convention, 1949 (No. 95)
Wages shall be paid in legal tender at regular intervals. In cases where partial payment
of wages is in kind, the value of such allowances should be fair and reasonable. Workers
shall be free to dispose of their wages as they choose. In cases of employer insolvency,
wages shall enjoy a priority in the distribution of liquidated assets.
Minimum Wage Fixing Convention, 1970 (No. 131)
Requires ratifying States to establish minimum wage fixing machinery capable of
determining and periodically reviewing and adjusting minimum wage rates and having
the force of law.
Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992
(No. 173)
Provides for the protection of wage claims in insolvency and bankruptcy proceedings,
by means of a privilege or through a guarantee institution.
Equal Remuneration Convention, 1951 (No. 100)
Lays down the principle of equal remuneration for men and women workers for work of
equal value.
Maternity Protection Convention, 2000 (No. 183)
This Convention applies to all employed women, including those in atypical forms of
dependent work. Ratifying countries have the obligation to adopt measures to ensure
that pregnant or breastfeeding women are not obliged to perform work that is prejudicial
to the health of the mother or the child. Women are entitled to a period of maternity
leave of not less than 14 weeks (or longer in the event of illness, complications or risk of
complications arising out of pregnancy or childbirth). Women who are absent from work
on maternity leave shall be provided with cash benefits of such a level that ensures

47
Youth rights at work

that the woman can maintain herself and her child. An employer cannot terminate the
employment of a woman during her pregnancy or absence on maternity leave or during
a period following her return to work, except on grounds unrelated to the pregnancy
or birth of the child and its consequences or to nursing. The burden of proof is on the
employer. A woman is guaranteed the right to return at the end of her maternity leave to
the same position or to an equivalent position paid at the same rate. A woman shall be
provided with the right to one or more daily breaks, or a daily reduction of hours of work,
in order to breastfeed her child.
Social Protection Floors Recommendation, 2012 (No. 202)
This Recommendation provides guidance to member States to: i) establish and maintain
social protection floors as a fundamental element of their national social security
systems; and ii) implement social protection floors within strategies for the extension
of social security that progressively ensure higher levels of social security to as many
people as possible. The social protection floors should comprise at least: essential
health care; basic income security for children; basic income security for persons of
economically active age who are unable to earn sufficient income, in particular in cases
of sickness, unemployment, maternity and disability; and basic income security for
older persons.
Domestic Workers Convention, 2011 (No. 189)
This Convention, along with its accompanying Recommendation No. 201, set out that
domestic workers around the world who care for families and households must have
the same basic labour rights as those available to other workers: reasonable hours of
work; weekly rest of at least 24 consecutive hours; a limit on in-kind payment; clear
information on terms and conditions of employment; as well as respect for fundamental
principles and rights at work, including freedom of association and the right to collective
bargaining.
Transition from the Informal to the Formal Economy Recommendation, 2015
(No. 204)
Adopted by the International Labour Conference in June 2015, this Recommendation
for the first time offers guidance to member States on how to facilitate the transition
from informality to the formal economy. The aim of this new labour standard is threefold:
i)  to facilitate the transition of workers and economic units from the informal to the
formal economy; ii) to promote the creation of enterprises and decent jobs in the formal
economy; and iii) to prevent the informalization of formal jobs.

48
SECTION 4 Social protection

Key readings
Corbanese, V., Rosas, G. 2013. Rights@work for young people: Decent work for
youth (Geneva, International Labour Office).
This is a learning package (facilitator’s guide and toolkit) aimed at supporting trade
unions, employment services and education and training institutions, as well as
youth organizations, in their initiatives aimed at raising young people’s awareness
of their rights at work. The tool covers six areas: i) fundamental rights at work
and decent work principles; ii) key features of employment contracts; iii) social
security systems; iv) conditions of work; v) occupational safety and health; and
vi) managing conflict in the workplace and negotiating decent conditions of work.
Annex  1 summarizes the key ILO Conventions and Recommendations on the
rights at work for young people.
ILO. 2006a. Gender equality and decent work: Selected ILO Conventions and
Recommendations promoting gender equality, Bureau for Gender Equality
& International Labour Standards Department, second (revised) edition
(Geneva, International Labour Office).
This publication sets out the key ILO Recommendations and Conventions within
the context of gender equality in the world of work.
ILO. 2009d. Rules of the game: A brief introduction to international labour
standards, Revised Edition (Geneva, International Labour Office).
This publication is designed to help the ILO’s constituents, but also the
general public, to better understand the essence of ILO Conventions and
Recommendations, the application and supervision of international labour
standards, and their importance in the global economy.
ILO. 2012a. Decent work indicators: Concepts and definitions: ILO manual
(Geneva, International Labour Office).
This manual presents a description of the statistical and legal framework
of indicators for measuring decent work. It covers ten areas (employment
opportunities; adequate earnings and productive work; decent working time;
combining work, family and personal life; work that should be abolished; stability
and security of work; equal opportunity and treatment in employment; safe work
environment; social security; and social dialogue and employers’ and workers’
representation). These areas correspond to the four strategic pillars of the Decent
Work Agenda (full and productive employment, rights at work, social protection
and the promotion of social dialogue).
ILO. 2014c. World social protection report 2014/15: Building economic recovery,
inclusive development and social justice (Geneva, International Labour
Office).
This is an annual publication of the ILO that reviews the development of
social protection systems around the world. The 2014/15 edition: provides a
global overview of social protection systems (coverage, benefits, and public
expenditures); examines social protection for children, for women and men of

49
Youth rights at work

working age, and for older persons; and analyses social protection trends and
policies. The annexes provide a glossary of terms, along with tools to measure
social security coverage.

Other references used in this section


Addati, L.; Cassirer, N.; Gilchrist, K. 2014. Maternity and paternity at work: law and
practice across the world (Geneva, International Labour Office).
Bonilla García, A.; Gruat, J. 2003. Social protection: A life cycle continuum investment
for social justice, poverty reduction and sustainable development (Geneva,
International Labour Office).
EU-OSHA. 2013. Occupational safety and health and education: A whole school
approach (Brussels, European Agency for Safety and Health at Work).
ILO. 2006b. General Survey on Labour Inspection, International Labour Conference
95th Session, 2006, Report III (Part 1B) (Geneva, International Labour Office).
—. 2007a. Eradication of forced labour, General Survey concerning the Forced
Labour Convention, 1930 (No. 29), and Abolition of Forced Labour Convention,
1957 (No. 105), the Report of the Committee of Experts on the Application of
Conventions and Recommendations, Report III (Part  1B), International Labour
Conference, 96th Session, Geneva, 2007 (Geneva, International Labour Office).
—. 2007b. “General Observation on the Equal Remuneration Convention, 1951
(No. 100)”, in Report of the Committee of Experts on the Application of Conventions
and Recommendations, Report III (Part  IA), International Labour Conference,
96th Session, Geneva, 2007, pp. 271–72 (Geneva, International Labour Office).
—. 2008. Freedom of association in practice: Lessons learned, Global Report under the
follow-up to the ILO Declaration on Fundamental Principles and Rights at Work.
Report of the Director-General, 2008 (Geneva, International Labour Office).
—. 2009. Protecting people, promoting jobs: A survey of country employment and social
protection policy responses to the global economic crisis (Geneva, International
Labour Office).
—. 2010. World Social Security Report 2010/11. Providing coverage in times of crisis
and beyond (Geneva, International Labour Office).
—. 2011. Working time in the twenty-first century: Report for discussion at the Tripartite
Meeting of Experts on Working Time Arrangements (17 to 21 October, 2011)
(Geneva, International Labour Office).
—. 2012b. Global estimate of forced labour: Results and methodology (Geneva,
International Labour Office).
—. 2012c. Global employment trends for youth: 2012 (Geneva, International Labour
Office).

50
SECTION 4 Social protection

—. 2012d. Resolution concerning efforts to make social protection floors a national


reality worldwide, International Labour Conference, 101st Session, Geneva, 2012
in Provisional Record (Geneva, 2012), No. 14: Report of the Committee on the
Social Protection Floor (Geneva, International Labour Office).
—. 2012e. Social security for all: Building social protection floors and comprehensive
social security systems: The strategy of the International Labour Organization
(Geneva, International Labour Office).
—. 2013. Youth labour market analysis: A training package on youth labour market
information (Geneva, International Labour Office).
—. 2014. Strengthening action to end forced labour, Report IV (2B), International Labour
Conference, 103rd Session, 2014 (Geneva, International Labour Office).
OECD. 2009. The role of employment and social protection: Making economic growth
more pro-poor, Policy Statement, DAC High-Level Meeting, 27–28 May 2009
(Paris, Organisation for Economic Co-operation and Development).

51
Youth rights at work

Tools

1.1. Measuring the extent of decent work for young people

In 2008 the ILO adopted a framework of decent work indicators. This framework covers
ten elements (adequate earnings and productive work; decent working time; combining
work, family and personal life; work that should be abolished; stability and security of
work; equal opportunity and treatment in employment; safe work environment; social
security; and social dialogue and employers’ and workers’ representation). These
elements correspond to the four strategic pillars of the Decent Work Agenda (full and
productive employment, rights at work, social protection and the promotion of social
dialogue).

In order to examine the extent of decent work for young people at national level and
between countries, it would be necessary to gather and analyze the statistical data
summarized below, disaggregated by age group and sex.

Decent work statistical indicators

Substantive element of the Indicator


Decent Work Agenda
Economic and social context for decent  Children not in school (% by age)
work  Estimated % of working age population that is HIV-positive
 Labour productivity
 Income inequality
 Inflation rate (CPI)
 Labour share in GDP
 Real GDP per capita in PPP (purchasing power parity)
dollars (level and growth rate)
 Wage/earnings inequality
 Measures of poverty

Employment opportunities  Unemployment by level of education


 Share of wage employment in non-agricultural employment
 Labour underutilization

Adequate earnings and productive work  Average real wages


 Minimum wage as % of median wage
 Manufacturing wage index
 Employees with recent job training (last year/four weeks)

Decent working time  Time-related underemployment rate


 Paid annual leave

Combining work, family and personal life  Asocial/unusual hours


 Maternity protection (weeks of maternity and parental leave,

rate of benefits)

52
SECTION 4 Social protection

Substantive element of the Indicator


Decent Work Agenda
Work that should be abolished  Forced labour

Stability and security at work  Precarious employment rate


 Job tenure
 Subsistence worker rate
 Real earnings, casual workers

Equal opportunity and treatment in  Occupational segregation by sex


employment  Female share of employment in senior and middle
management (ISCO88 groups 11 and 12)
 Share of women in wage employment (non-agricultural
sector)

Safe work environment  Occupational injury rate, fatal/nonfatal


 Time lost due to occupational injuries
 Labour inspection (inspectors per 10,000 employed
persons)

Social security  Public social security expenditure (% of GDP)


 Share of population covered by (basic) healthcare provision
 Share of economically active population contributing to a
pension scheme
 Public expenditure on needs-based cash income support
(% of GDP)
 Beneficiaries of cash income support (% of the poor)

Social dialogue, workers’ and employers’  Union density rate


representation  Rate of enterprise membership in an employer organization
 Collective bargaining coverage rate

Source: ILO, 2012a, accessible at: http://www.ilo.org/wcmsp5/groups/public/---dgreports/---


integration/documents/publication/wcms_229374.pdf

Analysis of the above-mentioned statistical data needs to be accompanied by review of


national labour law provisions relating to fundamental labour and employment standards
(labour administration; employment promotion and protection against unemployment;
social protection; freedom of association and collective bargaining; equal opportunity
and treatment; child labour; forced labour; and maternity protection, among others. The
ILO Decent Work indicator manual provides direction on collecting and analysing data,
taking into account gender equality issues – for example, gender differences in labour
force behaviour and trends, and gender differences in the unemployment experience
of young persons.

Analysis of the above-mentioned statistical and legal indicators over time allows
measurement of the progress a specific country is making in ensuring decent work for
youth. To date the ILO has monitored progress towards decent work in 18 countries
(data are presented for the individuals in the working age population). The reports are
accessible at: http://www.ilo.org/integration/themes/mdw/lang--en/index.htm.

53
Youth rights at work

Many low-income and emerging countries do not regularly collect all the labour market
data that would be needed to measure decent work, especially disaggregated by age
group.

When this is the case, the analysis can centre on a more limited set of statistical
indicators (like employment, vulnerable employment, unemployment, poverty levels,
informal work, hours of work and number of youth registered with the social contribution
institute). These indicators  – combined with information on labour legislation and
administration – can provide useful insights into the extent of the decent work available
to young people.

For example, data on the structure of youth employment (wage employment, self-
employment and contributing family members), type of employment (permanent/fixed
term; full-time/part-time, seasonal work) and extent of informal employment – combined
with data on youth wages and hours of work – can offer a number of highlights with
regard to the type of work young people are likely to obtain under the prevailing
economic conditions.

Sources: ILO, 2012a; ILO, 2013.

54
International
Labour
Office

DECENT WORK
FOR YOUTH
A TRAINING PACKAGE

DECENT WORK FOR YOUTH - A TRAINING PACKAGE


1 The youth employment policy development process
2 Policy options for youth employment
3 Economic policies for youth employment
4 Labour market policies and institutions for youth
5 Education and training systems and skills development policies
6 Youth entrepreneurship and self-employment
7 Youth rights at work

7
8 Gender, youth employment and self-employment
Youth rights at work

9 789221 302360

Das könnte Ihnen auch gefallen