Linkage with Sustainable Development Goals

Linkage with SDGs

In September 2015, 193 states decided to adopt a set of 17 goals to end poverty and ensure decent work as part of the Sustainable Development Goals (SDGs). Each goal has specific targets to be achieved over 15 years. There are 169 targets and 231 indicators listed under these 17 SDGs.[10] The Labour Rights Index aims at an active contribution to the Sustainable Development Goals by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG 5 (Gender Equality), SDG 8 (Decent Jobs), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions).

The inextricable yet dormant link between decent work and economic growth has had a special trajectory with respect to development goals. Unlike the Millennium Development Goals (MDGs), where full employment and decent work were addressed through the inclusion of a new target (Target 1B[11]) in 2007 (six years after the start of the MDGs in 2001), Goal 8 under the SDGs focuses on the promotion of inclusive and sustainable economic growth that leads to employment and decent work for all.[12] Although SDG 8 merges two separate areas of economic growth and employment into a single SDG, it is important to remember that issues related to the world of work are already part of the 20230 Agenda for Sustainable Development. Employment and employment-related issues are also referred to in other goals, including SDGs 2 (Zero Hunger), SDG 3 (Good Health and Well-being), SDG 4 (Quality Education), SDG 5 (Gender Equality), SDG 9 (Industry, Innovation and Infrastructure), SDG 10 (Reduced Inequality), SDG 11 (Sustainable Cities and Communities), SDG 12 (Responsible Consumption and Production), SDG 13 (Climate Action) & SDG 16 (Peace, Justice and Strong Institutions). The achivement of some of these goals, especially reduction of poverty (SDG 1), eradication of hunger (SDG 2) and reduction of inequality (SDG 10) are all dependent on SDG 8 where people are engaged in full and productive employment and decent work for all is ensured.

The Sustainable Development Goals also recognise the importance of legislation in achievement of SDGs. For example, we can consider the following targets and indicators:

5.c Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels
10.3 Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard
16.b Promote and enforce non-discriminatory laws and policies for sustainable development

Target 8.8 refers explicitly to the protection of labour rights and promotion of safe and secure working environments for all workers, including migrant workers, in particular women migrants and those in precarious employment. While Target 8.8 talks about the protection of all labour rights, Indicator 8.8.2 is solely concerned with national compliance with freedom of association and collective bargaining rights. There is no doubt that the freedom of association and the right to collective bargaining are enabling rights.

However, as required under Target 8.8, the protection of labour rights has to be holistically ensured, including for those in precarious employment, the most recent form of which is the gig economy. Instead of focusing only on trade union rights, all workplace rights can and should be measured and monitored both in law and practice. The Labour Rights Index attempts to make a distinctive contribution by focusing on Target 8.8 (protect labour rights and promote safe and secure working environments for all workers).

Significant work in this sphere exists in the form of few ILO databases[13] and some indices like the World Bank's Employing Workers database[14], the Women, Business and Law Database[15], the World Economic Forum's Global Competitiveness Index (Labour Market Efficiency Pillar)[16] the Harvard/ NBER Global Labour Survey[17], the Index of Economic Freedoms (Labour Freedom component) [18] and the International Social Security Association(ISSA)[19] the OECD Indicators of Employment Protection[20], and the CBR-LRI (CBR Labour Regulation Index).[21]

Each of the mentioned surveys deals with specific aspects concerning labour rights. The ITUC Global Rights Index, measures trade union rights using nearly 97 indicators.[22] Similarly, The Centre for Global Workers' Rights under Penn State University has worked on the Labour Rights Indicators measuring compliance both in law and practice for freedom of association and rights to collective bargaining through 108 indicators.[23] The same indicators or evaluation criteria have been proposed by the ILO for measuring progress under SDG Indicator 8.8.2.

Despite this glut of indices on labour rights, experts at the Wagelndicator Foundation and the Centre for Labour Research[24] have been working on the idea of a new de jure index, i.e., the Labour Rights Index. While various targets under SDG 8 focus on statistical data, none of those targets and indicators delves into the dejure labour rights protections as required under Target 8.8. Based on 10 indicators and 46 evaluation criteria, the Index compares labour legislation[25] in 145 countries. There is no other comparable work in scale and scope on labour market regulations.

The 10 indicators cover the following aspects: fundamental workers' rights (the right to unionise and the elimination of employment discrimination, elimination of child and forced labour, and safe and healthy working environment), fair wages, decent working hours, employment security, social protection (access to the living wage, unemployment, old age, disability and survivor benefits and health insurance), and work-life balance for workers with family responsibilities. All index components are grounded in and linked with a selected list of international conventions and covenants.

The work is essentially based on ten substantive elements which are closely linked to the four strategic pillars of the Decent Work Agenda, that is, (i) Core labour standards and fundamental principles and rights at work (ii) Employment creation (iii) Social protection and (iv) Social dialogue and tripartism. The ILO Declaration on Social Justice for a Fair Globalisation 2008 has emphasised that the four strategic objectives of the Decent Work Agenda are "inseparable, interrelated and mutually supportive. The failure to promote any one of them would harm progress towards the others”.[26] Based on the recommendation of the 2008 ILO Declaration to establish appropriate indicators to monitor and evaluate the progress achieved, the ILO adopted a framework of statistical and legal Decent Work Indicators.

The framework indicators cover the ten substantive elements of the Decent Work Agenda. These elements are:[27]

Employment opportunities
Adequate earnings and productive work
Decent working time
Combining work, family and personal life
Work that should be abolished (child labour and forced labour)
Stability and security of work
Equal opportunity and treatment in employment
Safe work environment
Social security
Social dialogue, employers' and workers' representation

Progress on Target 8.8, requiring protection of labour rights for all workers, including those in precarious employment, can be measured only through the comprehensive Labour Rights Index. Given the labour market havoc wreaked by the COVID-19 pandemic and climate changes in recent years[28], this is the most opportune time to address the protection of all labour rights and measure the progress of member countries. It is time to measure every country's progress on all labour protections, as stipulated in Target 8.8.

The Index is further built on the WageIndicaor Decent Work Checks, which have detailed explanations of de jure provisions on various workplace rights under national labour laws. These country documents are revised on an annual basis.

While many would argue against building another index focusing only on de jure labour market institutions and provisions (namely, due to the existence of large informal sectors in developing countries, non-compliance coupled with the tepid and lacklustre implementation of labour laws), well-drafted and inclusive laws are still a precondition for attaining decent work. Well-drafted laws provide clear and explicit answers to difficult and perplexing questions.

The results and insights from the comparative Labour Rights Index can be used to bring much-needed labour legislation reforms in various countries. Universal labour guarantees or basic labour protections should be available to everyone. This essentially means that all workers, regardless of their contractual arrangement or employment status, should enjoy fundamental workers' rights (freedom of association and right to collective bargaining, non-discrimination, no forced or child labour), an adequate living wage, maximum limits on working hours, safety and health at work, and access to the social protection system. The Index will not only help reform and develop missing legal provisions but will also help in tracing the jurisprudential evolution of legal systems in one of the most impressionable legal spheres.