WHAT IS THE RIGHT TO WORK
Working is an activity that is at the center of the aspirations of all people in the world, as it constitutes the means to obtain personal and family sustenance to improve quality of life, satisfy primary needs and is an essential part of social well-being. 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.
Universal Declaration of Human Rights
Article 23
- 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.
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 (freedom of association).
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.
THE RIGHT TO WORK ACCORDING TO THE MODALITY 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, likewise, is another useful tool for labor inclusion.
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.
The 7 unknown rights of workers
An employment contract implies rights for the worker, which become obligations for the company. Some of them are well known, such as the right to strike, to assemble, to not be directly or indirectly discriminated against, or the free choice of profession and trade.
1. Right to request a payroll advance
If the worker needs an advance of his salary, he has the right to request it, according to the Workers' Statute, being on account of the work already done, that is, if it is requested on the 15th of the month, the worker will receive half of his salary. salary. In the collective agreement or contract, advance payments can be agreed upon without limits on days not worked. Therefore, only in the event that nothing is said, the limit of the advance payment will be on account of the work already done as stated in the Workers' Statute.
2. Right to enjoy a day off due to change of residence
Although the option of hiring a moving company to help with the transportation of personal belongings is increasingly widespread, when a change of home occurs, there are many issues that cannot be delegated and, therefore, when is working, it is essential to organize your time well to face a move. In these cases, many workers are unaware that they have a paid day off in the event of a change of residence and that, in addition, it can be extended by the applicable collective agreement.
3. Paid leave of 20 hours per year for training
As long as the worker has been in the company for more than a year, he has 20 paid hours a year for professional training. This right can be accumulated for a period of up to 5 years. There is a restriction, they explain from reclamador.es, because this paid leave can be enjoyed as long as this training is linked to the job, that is, the worker cannot make use of those 20 hours if, for example, the course He is a pastry chef and works as a construction official.
4. Being sick is not being on vacation
Vacations, that moment long awaited by the worker throughout the year, can be “cut short” by an illness during those days. In these cases, the worker usually thinks that he has lost his vacation. This is not like this. A worker who falls ill during his vacation can suspend it. The employee, in order not to be counted the vacations that can be enjoyed by law, must obtain sick leave from his or her family doctor and notify the company, providing proof. However, on days 1, 2 and 3 of sick leave, no salary is collected; starting on the fourth day, 60% of the regulatory base is collected.
5. Right to 30 days of vacation regardless of the type of day
Working part-time does not entitle employers to reduce the number of vacation days the employee has. Many workers with a part-time contract think that by working fewer hours than their full-time colleague they have fewer vacation days. But it is not like this: whether working part-time or full-time, employees have the right to 30 calendar days of vacation. Some collective agreements establish the number of vacation days for working days; likewise, they could not be lower for having a part-time contract.
6. The coffee break
If the continuous working day is more than 6 hours a day, the worker has the right to a break that cannot be less than 15 minutes. If the daily workday is less than 6 consecutive hours and the collective agreement does not include anything in this regard, the worker will not have the right to that break. Here there is also an exception: when the worker is under 18 years old and the working day exceeds 4.5 hours, the break cannot be less than 30 minutes.
7. Right to claim interest for late payroll payment
If the company does not pay, you can file a complaint, which is something that workers usually know about. What they are unaware of, in the vast majority of cases, is the right they have to request that late payment interest be paid for this situation, as explained by the online claims company. Specifically, the Workers' Statute includes interest for late payment of salary, which will be 10% per year of what is owed.
