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© ISO 2007 - all rights reserved
The primary responsibility for ensuring fair and equitable treatment for workers
1
lies with governments. 1147
Through the formulation of legislation and the rule of law, governments fulfil their obligation for national 1148
standards to comply with international standards and rights. Governments also hold the primary 1149
responsibility for determining that laws and regulations are upheld, and that both workers and organizations 1150
have the necessary access to justice in the event that they are not. Organizations express their own social 1151
responsibility by addressing labour practices and working conditions issues, which they can themselves 1152
control or influence. Failure by governments to enforce labour laws should not be seen by organizations as 1153
an opportunity to avoid the respect of workers’ rights. The spirit or intent of the law should prevail. A major 1154
consideration is that collective bargaining and co-operation should be the basis for organizations behaving 1155
in a socially responsible manner. 1156
6.4.3. Labour practices issue 1: Employment and employment relationships
1157
6.4.3.1 Description of the issue 1158
The significance of employment for human development is universally accepted. As employers, 1159
organizations contribute to one of the most widely accepted objectives of society, which is the improvement 1160
of standards of living through full and secure employment. 1161
Every country provides a legal framework within which work is to be performed. Despite a range of different 1162
legal systems, the employment relationship is a universal concept, which recognizes that most workers in a 1163
position of subordination to and dependency on the person or organization for whom they perform work 1164
should not be treated as if they are equal parties in a commercial relationship with their employer. That 1165
difference is the underlying basis for labour law or employment law. The employment relationship confers 1166
rights and imposes obligations on both employers and employees in the interest of society as a whole. 1167
Not all work is performed within an employment relationship. Work and services are also performed by 1168
persons who are self-employed. Even here, however, the importance of the appropriate legal and 1169
institutional framework to both society and the individual performing work should be recognized. All parties 1170
to a contract are entitled to understand their rights and responsibilities and to have recourse in the event 1171
that the terms of the contract are not respected. 1172
6.4.3.2 Related actions or expectations
1173 An organization should:
1174
Be confident that all work performed directly on its behalf is performed by individuals who are legally 1175
recognized as employees or who are legally recognized as being self-employed; 1176
Not seek to evade the obligation that law places on the employer by disguising relationships that would
1177 otherwise be recognized as an employment relationship under law;
1178
Recognize the importance of secure employment to both the individual worker and to society. Use 1179
active workforce planning to avoid the use of work performed on a casual basis or the excessive use of 1180
work performed on a temporary basis, except where the nature of the work is genuinely short term or 1181
seasonal; 1182
Provide reasonable notice and, with worker representatives, jointly consider how to mitigate adverse
1183 effects to the greatest possible extent when considering changes in its operations, such as closures
1184 that affect employment;
1185
Eliminate discrimination in employment practices and offer equal opportunities to women, young 1186
workers and other vulnerable groups, such as disabled workers, migrants and indigenous peoples; 1187
1
The term “employee” refers to an individual in a relationship recognized as an “employment relationship” in national law or practice. The term worker is a more general term and refers to anyone who performs work. The term “worker”
could refer to an employee or to someone who is self-employed.
© ISO 2007 - all rights reserved
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Not engage in arbitrary or discriminatory dismissal practices; 1188
Contract out work only to organizations that are legally recognized or are otherwise able and willing to
1189 assume the responsibilities of an employer. This excludes labour intermediaries who are not legally
1190 recognized and other arrangements for the performance of work that do not confer legal rights on
1191 those performing the work;
1192
Accept some measure of responsibility for work done on its behalf by other organizations. In this 1193
regard, it should take steps to confirm that the organizations with which it deals, for instance suppliers 1194
and sub-contractors, are legitimate enterprises whose labour practices require that all work be 1195
performed within the appropriate legal and institutional framework; and 1196
Be aware of circumstances where socially responsible behaviour will involve requiring its suppliers and
1197 sub-contractors to respect a code of labour practice. Any code should be based on internationally
1198 recognized labour standards and respect for the rule of law. In these situations, the organization should
1199 follow good practice with respect to the implementation of such codes.
1200 1201
Box 2 The International Labour Organization
1202 The International Labour Organization is a United Nations agency with a tripartite structure governments,
1203 workers and employers that was established for the purpose of setting international labour standards.
1204 These minimum standards are applicable to workers everywhere, and are intended to prevent unfair
1205 competition based on exploitation and abuse. ILO standards are technically well informed and have the
1206 support of employers, workers and governments, whose tripartite negotiation at the global level leads to
1207 their adoption. The meaning and proper application of ILO standards have been elaborated through the ILO
1208 supervisory mechanisms, and this jurisprudence can be a source of guidance and good practice. ILO
1209 Conventions and Recommendations, together with the ILO Declaration on fundamental principles and
1210 rights at work 1998 and the ILO’s Tripartite Declaration of principles concerning multinational enterprises
1211 and social policy 1977 last revised 2006, constitute the most authoritative guidance with respect to labour
1212 practices and some other important social issues.
1213 1214
6.4.4 Labour practices issue 2: Conditions of work and social protection
