Draft of Labour
Law Proposed by the Federation of
Workers'Councils and Unions in
February 2004
General Principles:
To meet the basic life and work-related needs
of workers, the Labour Law should be based on the principles described
below. These principles apply a modern standard to:
- Wage rates, working hours, work leaves,
social welfare and insurance, conditions of professional safety and work
hazards, retirement age, and heavy labor occupations.
- Political rights and union rights of workers
to form labour organizations, go on strike, and hold general assembly meetings.
Article I: Working Hours and
Retirement Age
Section 1. The immediate
introduction of a maximum 30-hour work week (five 6-hour working days), with a
25-hour work week in heavy occupations. Included in the working hours is
the time spent for lunch breaks, commuting, taking showers, literacy classes,
technical training, and general assembly meetings. Also included is a periodic
reduction in the number of working hours every five years.
Section 2. Prohibition of
overtime. Prohibition of forcing workers to accept
overtime hours, including the prohibitions of justifications such as preventing
a disaster or other emergency situations.
Section 3. The retirement age for women and
men will be 55 years, or upon the completion of 25 years of employment,
whichever comes first. For heavy occupations, 55 years or after 18 years of
employment, whichever comes first.
Article II: Working
Conditions and Workplace Safety
Section 1.Assurance of a safe and healthy
workplace by minimizing health and safety hazards in the workplace, without
regard to cost. The
most advanced equipment and technical resources in the world will be made available
to workers. Periodic medical examinations will be provided to workers to
protect against occupational hazards and illnesses. The examinations will be
performed by medical providers independent of employers, and financed by
employers and the state.
Section 2. Prohibition of assigning
heavy work to pregnant workers, or to workers whose health would be at risk
owing to their specific physical conditions. Every worker has the right to
refuse to perform a task that the worker considers to be physically or mentally
harmful.
Section 3. Prohibition
of firing. Full remuneration will be made, at the same level as the last
pay received, to workers whose workplace is shut down, and until new employment
is found. The state has the responsibility to find comparable employment for
workers who lose their jobs due to the closure of a business or enterprise. Vocational
(re)training will be financed by the state for workers whose profession or line
of work becomes obsolete due to technological advances.
Section 4. Prohibition
of piece-rate work such as piecework and contract work.
Section 5. Prohibition
of child labour. Prohibition of the employment by a
business of children and youth under the age of 16.
Section 6. Prohibition
of night work. Double-rate pay will be provided to professions that
require night hours, such as health care providers, electricians, firefighters,
etc. Night jobs are defined as jobs performed at any time between
Section 7. Provision
at the workplace of modern childcare facilities meeting standards that ensure
the well being of workers’ children. Two half-hour breaks will be
provided for the breastfeeding of children, and these breaks will be included
in the working hours of the breastfeeding worker.
Section 8. Employers and the state are
to take all appropriate measures to prevent occupational illness and injury.
Section 9.Employers and the state are to provide all
necessary tools and equipment such as special footwear and gowns, gloves,
goggles, masks, and helmets, in order to prevent occupational hazards and to
minimize occupational injuries and illness.
Article III: Women’s
Working Conditions
Section 1. Pregnant workers are entitled
to a 4-hour work day.
Section 2. Pregnant woman are entitled
to sixteen weeks fully paid pregnancy and confinement. Mothers are entitled to
18 weeks of fully paid maternity leave in order to perform child care labour in
her domicile. Women are entitled to two days off during each menstrual period.
Section 3. Workers who provide primary care for children
are entitled to not accept nightshift or overtime working hours. Pregnant
workers are entitled to perform only suitable work and to refuse unsuitable
work.
Article IV: Wages
Section 1.A minimum wage will be set by the workers’
representatives.
Section 2. Automatic rises in the
minimum wage will be made proportional to economic inflation.
Section 3. Determination of the minimum
annual raise in wage levels will be made by a collective bargaining agreement
at the national level, by a group consisting of representatives of workers’
organizations, representatives of employers, and representatives of the state.
Section 4. Equal pay shall be provided
to women and to men for performing similar work.
Section 5. Prohibition
of paying wages in-kind. Prohibition of delay in wage
payments.
Section 6. Prohibition of fines or any
other deductions from pay under any pretext. Full wages shall be paid for valid
absences, periods of illness and recuperation, strikes, or for the stoppage of
production for any reason, or for reasons due to the actions of the employer.
Section 7. Prohibition of linking
workers’ pay to any circumstances and factors other than the actual labor
itself (e.g., increased input, productivity levels, disciplinary actions,
production targets, etc.). Workers’ pay shall be paid in one periodic unit of
payment as wages.
Article V: Leaves and
Holidays
Section 1. Two consecutive days off each week,
and a minimum 36-day holiday leave each year. Workers are entitled to
brief emergency leaves, without reduction in pay, in order to attend to
unforeseen personal problems. Such emergency leaves are in addition to annual
holiday leaves.
Section 2. The first of May will be a public
holiday, International Workers’ Day.
Section 3. The eighth of March will be a
public holiday, International Women’s Day.
Article VI: Social Welfare and
insurance
Section 1. Adequate unemployment
benefits, according to the wages level last received by the worker, will be
provided to every unemployed person over 16 who is
ready to work. Adequate unemployment benefits and other necessary allowances
will be provided to all those who are unable to work for physical or
psychiatric reasons.
Section 2. Pensions
upon retirement equivalent to the maximum wage received by the worker during
the worker’s working years. Automatic raises in pension wages will be
made proportional to increases in the general wage.
Section 3. Full insurance of workers
against injuries and damage due to work will be provided whether such injuries
and damage occur inside or outside of the workplace. The worker need not prove
negligence on the part of the employer or management to be so compensated. Full
payment of pensions will be made to workers who become incapacitated as a
result of injuries resulting from work.
Article VII: Fines and
penalties
Section 1. Prohibition
of fines, deductions from pay, or firing of workers under various pretexts.
Any form of punishment by employers against workers are
prohibited. Representatives of the workers are responsible for investigating
and taking appropriate measures against any violations of the above.
Section 2. Formation of
adjudication and arbitration councils, with members elected by the workers.
Section 3. Drafting and enforcement of
the internal regulations of workshops, economic, and production units by
workers' elected representatives.
Section 4. Formation of workers'
inspection commissions to supervise the correct implementation of the labour
law throughout the country in all workplaces and establishments (including
domestic service workplaces)
Section 5. Obligation
of the employer to consult with the workers' representatives on any decision
that substantially alters the work methods, working hours, the worksite, or the
number of employees.
Section 6. Right of
workers' representatives to inspect the books of the enterprise in which they
work. The employer is obligated to provide the workers and their
representatives with all the information they need during the course of the
inspection.
Article VIII: Right to
Organization
Section 1. Full and
unconditional freedom for workers to organize. Workers are free to
seek any form of organization to defend their rights. Obstructing workers’
endeavors to organize their ranks is prohibited. Prohibition
of forcing workers to join any organization. Any organization endorsed
by workers must be recognized and dealt with as the workers’ representatives
before their employer and the state.
Article IX: Right to Strike and
Protest
Section 1. Complete and
unconditional freedom to strike. Strikes do not require the prior
permission of the state or any state authority. Full payment of wages shall be
made during the period of the strike. Equal
right of access to the media shall be made to strikers so that they may state
their case and respond to the claims of the state and employers. Banning
strikes under any pretext, such as "national and patriotic interests,”
“state of emergency,” or “war,” shall be illegal.
Section 2. Prohibition against the employment of
strike-breakers, police, or armed personnel used to replace strikers, in all
businesses and enterprises, state and private.
Section 3. Right of workers to stop work
during the period when their complaints regarding actions of the employers and
their officials, including safety issues or unforeseen problems in the
workplace, are being addressed or negotiated.
Section 4. Freedom of
picketing. Freedom for all to join picket lines,
whether or not they are employees of the enterprise concerned.
Note: this labour law is to be implemented in
all workplaces in public and private sectors, permanent and casual, industrial
and agricultural jobs, and also apply to domestic labor for wages (housework). Any
employer or official who violates the articles of this law will be prosecuted.
The Federation of Workers’ Councils and Unions
in
The Federation of Workers’ Councils and Unions
in
Appendix of the Labour Law Draft
To complement the proposed labour law and cover
related social issues under the title of social welfare and insurance, we call
for additional demands as an appendix of labour law. The articles of this
appendix are to be incorporated into the labour law. Similar to the above
articles of labour law, the implementation of the articles of this appendix by
employers and by the state is mandatory.
Article I: Social Welfare and
Insurance
Section 1.Payment of unemployment benefits equivalent to
no less than the official minimum wage will be provided to all unemployed
persons over 16.
Section 2.Payment of state pensions
equivalent to no less than the official minimum wage will be provided to all
persons over 55 who lack a retirement pension.
Section 3.Placing under the guardianship of the state all
children and youth under 16 whose sustenance and proper welfare is not provided
through their families.
Section 4.Free and universal health care will be provided
for all. This includes regular medical check-ups and the comprehensive
vaccination of infants and children. An adequate and suitable diet will be
guaranteed for all children without consideration of family income, region,
place of residence, etc. Also included is the eradication of epidemic and
infectious diseases arising from polluted and unhygienic environments. Regular
medical examinations will be provided to everyone for the purpose of screening
and diagnosing heart disease, common cancers, and other illness when a timely
diagnosis is essential to effective treatment. There will be an improvement in
the standards of public health as well as an expanded
public health awareness. Medical and therapeutic resources will be expanded and
organized in a manner that makes immediate access to a doctor, medications, and
treatment the standard for all.
Section 5.Compulsory free universal education will be
provided until the age of 16. Free and universal higher education includes
university and specialization training. Adequate grants will be made to all
students. There will be an eradication of illiteracy and an ongoing rise in the
public's education level including scientific and technical awareness. Education
is the right of every person, and access to education and training must be
independent of family income.
Section 6.Guaranteed suitable housing for all,
in terms of adequate space, hygiene, safety, and utilities (electricity, warm
and cold water, bathroom facilities inside the building, air-conditioning,
heating, connection to telephone and TV networks, and access to local public
services). Housing
costs must not exceed 10% of the individual's or family's income; any extra
cost shall be met through state subsidy. Homelessness or residing in
substandard housing is unlawful and the state authorities are obliged under the
law to provide suitable housing for all citizens immediately.
Section 7.Setting up special service centers,
such as day-care centers, nurseries, canteens, self-service restaurants, modern
launderettes, etc., locally and in housing estates, to relieve the burden of
housework and to enable the participation of all people in social activities.
Section 8.Creation of free sport, art, and
cultural facilities in all localities, including gyms, theatres, and libraries
and the provision of instructors and trainers.
Section 9.Provision of necessary alterations
and facilities for the full and active participation of disabled and
handicapped people in all areas of social life. Provision of special
facilities and equipment for the physically handicapped, in public places, on
roads, housing estates, etc. Free provision of
necessary equipment, technical instruments, and other devices to facilitate the
daily life of the disabled.
Section 10.Creation of facilities and service
establishments that meet the needs of the elderly and to improve the quality of
their lives. Provision of necessary resources and facilities to help the elderly
continue to participate actively and creatively in social life.
Section 12.Extension of urban public services
(electricity, water, telephone, educational, medical and cultural facilities,
etc.) to all rural areas, and the elimination of the welfare disparity between
town and country.
The
Federation of Workers« Councils and Unions in
FWCUI
Address:
UUI, Post Box 325,
CH-3000 Bern 11,
Tel :0041 78 882 55 89
Email:asojabbar@yahoo.com
