Labour Law: Global Perspective -- In brief

According to Resolution 2200A (XXI) of United Nation International Covenant on Economic, Social and Cultural Rights (adopted by General Assembly on 16 December 1966), the States Parties (including Malaysia) to the Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right (Article 6). The steps to be taken by a State Party to the Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. According to Article 7 of the Covenant, the States Parties to the Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

Article 8 of the Covenant states that the States Parties to the Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(d) The right to strike provided that it is exercised in conformity with the laws of the particular country.

In addition to those two Articles, Article 9 states further that the States Parties to the Covenant recognize the right of everyone to social security, including social insurance.

The same frameworks on employment environment can be found in Universal Declaration of Human Rights (adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948). The relevant Articles are Articles 23, 24 and 26:

         

Article 23-.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24-.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25-.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Article 6 of Malaysian Federal Constitution has adopted the abovementioned Resolutions, inter alia, slavery and forced labour is prohibited in Malaysia, and therefor, no person shall be held in slavery. According to Article 6(2) of the Constitution, all forms of forced labour are prohibited (but Parliament may by law provide for compulsory service for national purposes).

Nowadays, one of the crucial concerns of workers and those who believe that labour rights are important, is that in a globalizing economy, common social standards be supposed to support economic development in common markets. Nevertheless, there is nothing in the way of international enforcement of labour rights. As discussed in Wikipedia (2007), at the Doha round of trade talks through the World Trade Organization (WTO) one of the items for discussion was the inclusion of some kind of minimum standard of worker protection.

According to European Foundation for the Improvement of Living and Working Conditions (2007), developing people's skills and competencies - as part of the investment in the capital of human resources - is essential in improving quality of work and employment.