Article 23: Right to work
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
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.
Everyone has the right to form and to join trade unions for the protection of his interests.
Definitions of the right to work
The right to work is enshrined in Article 23 of the Universal Declaration of Human Rights.
The right is enshrined in Article 6 of the International Covenant on Economic, Social and Cultural Rights:
1. The States Parties to the
present 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.
2. The steps to be taken by a State Party to the present 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.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families contains this right in Articles 51, 52, 53, 54, 55, 58, 59 and 64:
Article 51
Migrant workers who in the State of employment are not permitted freely to
choose their remunerated activity shall neither be regarded as in an irregular
situation nor shall they lose their authorization of residence by the mere fact
of the termination of their remunerated activity prior to the expiration of
their work permit, except where the authorization of residence is expressly
dependent upon the specific remunerated activity for which they were admitted.
Such migrant workers shall have the right to seek alternative employment,
participation in public work schemes and retraining during the remaining period
of their authorization to work, subject to such conditions and limitations as
are specified in the authorization to work.
Article 52
1. Migrant workers in the State of employment shall have the right freely to
choose their remunerated activity, subject to the following restrictions or
conditions.
2. For any migrant worker a State of employment may:
(a) Restrict access to limited categories of employment, functions, services or
activities where this is necessary in the interests of this State and provided
for by national legislation;
(b) Restrict free choice of remunerated activity in accordance with its
legislation concerning recognition of occupational qualifications acquired
outside its territory. However, States Parties concerned shall endeavour to
provide for recognition of such qualifications.
3. For migrant workers whose permission to work is limited in time, a State of
employment may also:
(a) Make the right freely to choose their remunerated activities subject to the
condition that the migrant worker has resided lawfully in its territory for the
purpose of remunerated activity for a period of time prescribed in its national
legislation that should not exceed two years;
(b) Limit access by a migrant worker to remunerated activities in pursuance of
a policy of granting priority to its nationals or to persons who are
assimilated to them for these purposes by virtue of legislation or bilateral or
multilateral agreements. Any such limitation shall cease to apply to a migrant
worker who has resided lawfully in its territory for the purpose of remunerated
activity for a period of time prescribed in its national legislation that
should not exceed five years.
4. States of employment shall prescribe the conditions under which a migrant
worker who has been admitted to take up employment may be authorized to engage
in work on his or her own account. Account shall be taken of the period during
which the worker has already been lawfully in the State of employment.
Article 53
1. Members of a migrant worker's family who have themselves an authorization of
residence or admission that is without limit of time or is automatically
renewable shall be permitted freely to choose their remunerated activity under
the same conditions as are applicable to the said migrant worker in accordance
with article 52 of the present Convention.
2. With respect to members of a migrant worker's family who are not permitted
freely to choose their remunerated activity, States Parties shall consider
favourably granting them priority in obtaining permission to engage in a
remunerated activity over other workers who seek admission to the State of
employment, subject to applicable bilateral and multilateral agreements.
Article 54
1. Without prejudice to the terms of their authorization of residence or their
permission to work and the rights provided for in articles 25 and 27 of the
present Convention, migrant workers shall enjoy equality of treatment with
nationals of the State of employment in respect of:
(a) Protection against dismissal;
(b) Unemployment benefits;
(c) Access to public work schemes intended to combat unemployment;
(d) Access to alternative employment in the event of loss of work or
termination of other remunerated activity, subject to article 52 of the present
Convention.
2. If a migrant worker claims that the terms of his or her work contract have
been violated by his or her employer, he or she shall have the right to address
his or her case to the competent authorities of the State of employment, on
terms provided for in article 18, paragraph 1, of the present Convention.
Article 55
Migrant workers who have been granted permission to engage in a remunerated
activity, subject to the conditions attached to such permission, shall be
entitled to equality of treatment with nationals of the State of employment in
the exercise of that remunerated activity.
Article 58
1. Frontier workers, as defined in article 2, paragraph 2 (a), of the present
Convention, shall be entitled to the rights provided for in part IV that can be
applied to them by reason of their presence and work in the territory of the
State of employment, taking into account that they do not have their habitual
residence in that State.
2. States of employment shall consider favourably granting frontier workers the
right freely to choose their remunerated activity after a specified period of
time. The granting of that right shall not affect their status as frontier
workers.
Article 59
1. Seasonal workers, as defined in article 2, paragraph 2 (b), of the present
Convention, shall be entitled to the rights provided for in part IV that can be
applied to them by reason of their presence and work in the territory of the
State of employment and that are compatible with their status in that State as
seasonal workers, taking into account the fact that they are present in that
State for only part of the year.
2. The State of employment shall, subject to paragraph 1 of the present
article, consider granting seasonal workers who have been employed in its
territory for a significant period of time the possibility of taking up other
remunerated activities and giving them priority over other workers who seek
admission to that State, subject to applicable bilateral and multilateral
agreements.
Article 64
1. Without prejudice to article 79 of the present Convention, the States
Parties concerned shall as appropriate consult and co-operate with a view to
promoting sound, equitable and humane conditions in connection with international
migration of workers and members of their families.
2. In this respect, due regard shall be paid not only to labour needs and
resources, but also to the social, economic, cultural and other needs of
migrant workers and members of their families involved, as well as to the
consequences of such migration for the communities concerned.
The right is also contained in Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women:
1. States Parties shall take
all appropriate measures to eliminate discrimination against women in the field
of employment in order to ensure, on a basis of equality of men and women, the
same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application
of the same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to
promotion, job security and all benefits and conditions of service and the
right to receive vocational training and retraining, including apprenticeships,
advanced vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment
in respect of work of equal value, as well as equality of treatment in the
evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to work, as
well as the right to paid leave;
(f) The right to protection of health and to safety in working conditions,
including the safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage
or maternity and to ensure their effective right to work, States Parties shall
take appropriate measures:
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds
of pregnancy or of maternity leave and discrimination in dismissals on the
basis of marital status;
(b) To introduce maternity leave with pay or with comparable social benefits
without loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to
enable parents to combine family obligations with work responsibilities and
participation in public life, in particular through promoting the establishment
and development of a network of child- care facilities;
(d) To provide special protection to women during pregnancy in types of work
proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be
reviewed periodically in the light of scientific and technological knowledge
and shall be revised, repealed or extended as necessary.
The Convention on the Rights of Persons with Disabilities contains this right in Article 27:
1. States Parties recognize the
right of persons with disabilities to work, on an equal basis with others; this
includes the right to the opportunity to gain a living by work freely chosen or
accepted in a labour market and work environment that is open, inclusive and
accessible to persons with disabilities. States Parties shall safeguard and
promote the realization of the right to work, including for those who acquire a
disability during the course of employment, by taking appropriate steps, including
through legislation, to, inter alia:
(a) Prohibit discrimination on the basis of disability with regard to all
matters concerning all forms of employment, including conditions of
recruitment, hiring and employment, continuance of employment, career advancement
and safe and healthy working conditions;
(b) Protect the rights of persons with disabilities, on an equal basis with
others, to just and favourable conditions of work, including equal
opportunities and equal remuneration for work of equal value, safe and healthy
working conditions, including protection from harassment, and the redress of
grievances;
(c) Ensure that persons with disabilities are able to exercise their labour and
trade union rights on an equal basis with others;
(d) Enable persons with disabilities to have effective access to general
technical and vocational guidance programmes, placement services and vocational
and continuing training;
(e) Promote employment opportunities and career advancement for persons with
disabilities in the labour market, as well as assistance in finding, obtaining,
maintaining and returning to employment;
(f) Promote opportunities for self-employment, entrepreneurship, the
development of cooperatives and starting one's own business;
(g) Employ persons with disabilities in the public sector;
(h) Promote the employment of persons with disabilities in the private sector
through appropriate policies and measures, which may include affirmative action
programmes, incentives and other measures;
(i) Ensure that reasonable accommodation is provided to persons with
disabilities in the workplace;
(j) Promote the acquisition by persons with disabilities of work experience in
the open labour market;
(k) Promote vocational and professional rehabilitation, job retention and
return-to-work programmes for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in
slavery or in servitude, and are protected, on an equal basis with others, from
forced or compulsory labour.