© ISO 2007 - all rights reserved
23 employed in any work that, by its nature or the circumstances by which it is carried out, is likely to harm
1100 their health, safety or morals.
1101 An organization should not discriminate in its employment practices 10, 11. Recruitment, training and
1102 promotion should be based on qualifications, skills and experience and not on any of the following criteria:
1103 race, colour, gender, religion, political affiliation, nationality or social origin. In addition, organizations should
1104 not discriminate on the basis of diseases, such as HIVAIDS, or sexual orientation. Workers in an
1105 organization who are performing work of equal value should be remunerated on an equal basis; often work
1106 performed predominately by women is undervalued, due to gender discrimination. Organizations should
1107 check their remuneration policies so that they are free of gender bias.
1108
6.4 Labour practices
1109
6.4.1 Rationale
1110 The labour practices of an organization encompass all policies and practices relating to work performed
1111 within, by or on behalf of the organization. As such, the term extends beyond the relationship of the
1112 organization with its direct employees or the responsibilities that the organization may have at a workplace
1113 that it owns or directly controls. Labour practices include the responsibilities of the organization for work
1114 performed on its behalf by others. They also include requirements that the organization may make with
1115 respect to the labour conditions of workers engaged by others to perform work for or to supply goods or
1116 services to the organization.
1117 Labour practices include the recruitment and promotion of workers; disciplinary and grievance procedures;
1118 the transfer and relocation of workers; termination of employment and any policy or practice affecting
1119 conditions of work. Labour practices also include the recognition of worker organizations and representation
1120 and participation by the organization in collective bargaining, social dialogue and tripartite consultation to
1121 address social issues related to employment.
1122 The labour practices of an organization can have great impact on society and thereby can contribute
1123 significantly to sustainable development. The creation of jobs, as well as wages and other compensation
1124 paid for work performed are among an organizations most important economic impacts. Meaningful and
1125 productive work is an essential element in human development. The absence of meaningful and productive
1126 work is one of the primary causes of social problems. Labour practices have a major impact on respect for
1127 the rule of law and on the sense of fairness present in society: socially responsible labour practices are
1128 essential to social justice and stability.
1129 An organization’s labour practices can have a significant impact on its ability to recruit, motivate and retain
1130 employees and therefore on its ability to obtain its objectives. Labour practices can also have a significant
1131 impact on the reputation of the organization.
1132
6.4.2 Principles and considerations 1133
The fundamental principle, enshrined in the ILOs 1944 Declaration of Philadelphia, is that labour is not a 1134
commodity. This means that workers should not be treated as a factor of production and subject to the 1135
same market forces. The inherent vulnerability of workers and the need to protect their basic rights is 1136
reflected in the Universal Declaration of Human Rights and the International Covenant on Economic, Social 1137
and Cultural Rights. The principles involved include the right of everyone to gain a living by freely chosen 1138
work, and the right to just and favourable conditions of work. 1139
Many internationally recognized human rights are related to labour. The right of all workers to form or join 1140
their own organizations and to collectively bargain with their employer, as well as to be free from 1141
discrimination with respect to employment and occupation, and from child labour and forced labour are all 1142
basic human rights: as such they are dealt with in greater detail in Clause 6.3. These rights are also 1143
recognized by the ILO as fundamental rights at work and are expressed in eight Conventions referred to as 1144
the Core Conventions. Many other ILO Conventions and Recommendations also give practical meaning to 1145
the provisions in the Universal Declaration of Rights and its two covenants mentioned in Clause 6.3.7. 1146
24
© 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
