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FROM GLOBAL TO LOCAL: Good laws and practices to improve womens decent work and employment

Hon . Justice Robyn Layton AO QC ADB consultant : Adjunct Professor Law School University of South Australia

The views expressed in this paper are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper do not imply any view on ADBs part as to sovereignty or independent status or necessarily conform to ADBs terminology.

Overview
General legal framework Law and practices with good examples which :
help women get decent work improve womens work conditions address womens constraints to work

Achievable outcomes
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General legal framework good practice


Essential to link and balance laws with policies Major elements of legal rights at work are best in set out in the Constitution or labor law Need to prohibit gender discrimination and also promote gender equality Make laws sufficiently specific to enable comprehension and effective implementation

Laws helping women get decent work


General framework - laws which enact ILO Conventions
Fundamental Conventions ,including: Freedom of Association C 87 Collective Bargaining C 98 Equal Remuneration C 100 Discrimination (employment and occupation ) C 111 Priority Conventions Tripartite Consultation C 144 Employment Policy Convention C 122 Definitions Discrimination Scope of employment Labor clauses in public contracts Employment agencies

Specific laws and practices

Discrimination laws
Direct and indirect discrimination Croatia GP 1
extra category more serious forms.

Sexual harassment linked to guidelines/regulations - Indonesia GP 2


Comprehensive and educational

Exemption -inherent requirements of the job - Australia GP 3


Specific examples illustrative

Special measures - affirmative action Namibia GP 4


Good definition with examples

Burden of proof - Guyana GP 5


Simple expression

Scope of employment
Laws which broadly define the scope of employment including all stages Croatia GP 1 addition
applies to both public and private sector and to all areas without any limitation enumerating ten areas to which special attention is to be paid work and working conditions; access to self-employment and occupation, including selection criteria, recruiting and promotion conditions; access to all types of vocational guidance, vocational training, professional improvement and retraining.

Law and codes of conduct to promote employer awareness and good practice . Hong Kong GP 6

Labor clauses and employment agencies


Labor clauses in public contracts Finland GP 7
Governments leading by example - could be used to include gender targets

Employment agencies Laws for public and licensed private employment agencies working cooperatively demand driven and linked to development, trade and industry priorities Requirement for non-discrimination practices services beyond job matching and include vocational guidance and links to training with Public /Private Ps specific programs targeting women.
ILO Private Employment Agencies C 181 and R 188 Adecco Canada GP 8

Improving womens work conditions


4 Ways Social dialogue and Collective bargaining Wage setting mechanisms equal remuneration for work of equal value Complaint mechanisms Effective Labor inspection

Social dialogue and collective bargaining


Social dialogue at the national , enterprise and local work place level should include women and their interests.
Social dialogue extends to negotiations, consultations or exchanges of information between representatives of workers, employers and governments on issues of broader common interest relating to economic and social policy. Especially important in economic down turn.

Tripartite Consultation (International Labour standards), Convention 1976 (No. 144) and Recommendation (No. 152).
Singapore GP 9

Collective bargaining including along a supply chain


Singapore GP 10

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Minimum wage setting mechanisms


Equal remuneration for work of equal value
Not just equal remuneration for the same work

Minimum wages independent mechanisms with consultation


Australia GP 11 ILO C 131 Convention Concerning Minimum wage Fixing with special reference to Developing countries. ILO (2008) Promoting Equity-

Gender-neutral Job Evaluation for Equal Pay: A step-by-step Guide

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Discrimination complaints mechanisms


Complex. Can encompass unlawful civil and criminal behaviour. Civil and industrial and criminal courts Different responses and outcomes depending on the nature of the complaint and the remedies sought Best approach is a one stop shop which is well publicised, gender sensitive, simple to make and enables complaint referral to appropriate bodies. Sweden - one stop approach.
a complainant may access information, seek advice and lodge a complaint with the Equal Opportunities Ombudsman and also be legally assisted in court cases. Ombudsman has power to conduct investigations of companies or organisation without requiring an individual complaint .

OECD The Price of prejudice : Labor Market Discrimination on the Grounds of Gender and Ethnicity . Legal and Institutional Framework in Force 2007

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Labor inspection mechanisms


Good practice Labor inspection mechanisms require : Tripartite dialogue at national and enterprise levels eg Indonesia in 2012 Collaboration between judiciary and labor inspectorate to improve compliance Requires a public - private partnership solutions Developing self reporting and inspection by employers with ultimate supervision reserved to public inspectorate eg Philippines, Thailand and Vietnam
ILO (2013) Labour Inspection sanctions: law and practice of national inspection systems Vega. M.L. Robert. R. Working Document ; No 26

Alternative approaches to sanctions with prevention and promotional measures . Australia GP 12

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Addressing womens work constraints


Childcare
Chile GP 13
Small work places

Leave arrangements
Iceland GP 14
Shared between parents Shared until child is 3 years

Mongolia GP 15

Maternity leave
Belgium GP 16
Flexible leave for self employed

part time work


Moldova GP 17
Flexible use and can sometimes be mandatory

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Desired outcomes?

Achievable outcomes
Getting the legal framework right Social dialogue at all levels which include women Improving the mechanisms for decent work Public private partnerships which include carrot and stick - educational and promotional approaches Gender stereotyping awareness Family responsibility approach

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