Equal opportunities and non-discrimination are two pillars of the right to work.
The right to work is one of the powers that are considered inherent to the dignity of human beings. The concept covers different elements related to people's work activities .
It must be taken into account that the right to work is a human right : therefore, it is an instrument that makes it possible for an individual to self-realize. It is a universal right (it belongs to all men and women without discrimination of any kind), inalienable, non-transferable, inalienable , indivisible and imprescriptible .
When recognized in the Constitution or in another regulatory framework with similar characteristics, the right to work is also a fundamental right . In this way, it is integrated into positive law with the highest degree of protection.
What is the right to work
The right to work contemplates various factors and measures that contribute to satisfaction and well-being in the work environment. This right implies that human beings must be able to have a job , choosing it freely and enjoying rewarding and equitable conditions.
Receiving a decent wage and having social protection are also issues that labor law contemplates for workers , as is the possibility of joining a union ( union freedom ).
The right to work, in short, is materialized through the various labor rights that are protected through the enactment of laws. This labor legislation establishes criteria that regulate working conditions.
Paid vacations , weekly rest , maternity leave or paternity leave and the right to strike are regulated in the regulations, as well as the extension of the working day and the establishment of a minimum wage .
Informal employment
Informal work is a modality that usually threatens decent employment. Also called black work , it means that the worker is not duly registered with the corresponding state agencies, which means that the employer may not comply with labor legislation.
Those who work black, therefore, see their right to work violated since they lack job stability , have no protection against harassment nor receive compensation for dismissal.
Although it does not guarantee workers' rights , employment in the informal sector is very important in the economy of many regions. In fact, it constitutes the means of subsistence of millions of people who, suffering from unemployment and without having access to the formal sector, accept to work even if the conditions are not appropriate.
Sometimes, the development of a labor inspection by the relevant authorities of the Ministry of Labor can lead to the formalization of workers. It should be noted that employers who do not comply with the rules are punished.
Suppose that the legislation of a country establishes a minimum wage of 1,000 pesos and a working day of no more than 9 hours a day . An unregistered employee can be forced to work 12 hours a day for a salary of 700 pesos , without paid vacations or social security benefits. Furthermore, in the event of dismissal , you do not receive any type of compensation.
The right to work includes the receipt of a fair salary and social benefits.
The right to work according to the type of contract
The right to work must be respected beyond the contracting method . However, there are contracts or agreements that tend to be less beneficial for workers.
Self-employment , for example, usually contemplates that the worker himself assumes the contributions and social charges (such as taxes, retirement and social work). Teleworking , on the other hand, leads the employee to incur expenses that, in an office, are covered by the employer: electricity, Internet connection, etc.
Temporary work and part-time work can also affect labor protection. The same sometimes happens with work placements, vocational training and youth employment. Therefore, the State must take the necessary measures to ensure that the legislation is respected in all types of employment contracts.
Access to employment
Access to employment is a basic need for any adult : it is almost impossible for a person in today's society to satisfy their material demands without having a job. The most basic thing about the right to work, in fact, is having one.
Employment promotion policies are key in government management. They are essential for social well-being and for the functioning of the economy , boosting activity.
Employment agencies , in this framework, play an important role in linking employers and employees. A job board is also another useful tool for labor inclusion .
The right to work includes the prevention of occupational risks and the establishment of safety standards to protect a company's human resources.
The right to work in modern society
The right to work in modern society contemplates variables that, until a few years ago, were not taken into consideration. This is due to technological advances that have modified not only the workplace, but life in general.
Employment and technology are two issues that currently tend to go hand in hand. There are almost no jobs that do not require the use of computers or machines; In turn, work activities promote innovation and the creation of digital and electronic tools to improve productivity and efficiency.
The problem is that the technology that is used in the work context often ends up harassing the employee even beyond working hours. What is happening with the WhatsApp application is emblematic: it is increasingly common for employers or bosses to communicate at night and during weekends or vacations with workers, giving them instructions or requesting a task.
In this way, the reconciliation of work and family becomes complex. Today, the right to work must include the right to disconnect so that people's rest and leisure are not interfered with.
Unions must also keep this new reality in mind to fight to defend the interests of workers and prevent abuses by employers. Only in this way can we ensure the true well-being of those who work in the face of the invasion favored by certain technological tools.