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21 Nov 2024

Safeguarding workers’ rights under the OECD Guidelines

Background

The promotion of workers’ rights is key to achieving sustainable growth while spurring an environment where workers and businesses thrive under a level playing field. Global efforts are in fact seeking to advance best practices on workers’ rights including the advancement of freedom of association, the right against forced labour, minimum working conditions amongst others. The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (OECD Guidelines) advocate a policy underscoring the importance of Responsible Business Conduct which assist enterprises in addressing workers’ rights comprehensively.

The OECD Guidelines and Workers’ Rights

Human rights and labour standards require that enterprises avoid and address the adverse human rights impacts that arise from business operations. The OECD Guidelines recommend that enterprises adhere to global practices to promote workers’ rights. This entails that enterprises must ensure that workers’ rights are upheld at all times across their entire business lifecycle. The OECD Guidelines particularly reinforce rights and inter alia address freedom of association, rights against forced and child labour, anti-discrimination, health and safety, capacity building for workers and minimum safeguards.

How can the OECD Guidelines help

Employment and industrial relations are comprehensively addressed under the OECD Guidelines. The OECD Guidelines in fact leverage on the International Labour Organisation’s (ILO) standards to promote decent labour conditions. From a practical perspective, specific guidance for instance calls on businesses to respond to indicators prescribed in the ILO Indicators of Forced Labour to demonstrate transparency in their actions taken for handling perceived or actual risks associated with forced labour arising from their business operations.

The OECD Guidelines also enjoin companies to have regard to rights of vulnerable groups such as women workers or other workers with racial or cultural minority associations and adopt recommendations on human rights as developed under the OECD Guidelines.

Other recommendations of the OECD Guidelines include the requirement for companies to provide for a safe and healthy environment supported by adequate mechanisms intended to prevent work-related accidents, health hazards, injuries associated with the business operations.

Further safeguards are prescribed in the OECD Guidelines wherein enterprises are required to serve adequate notice periods to workers whose livelihood may be affected by legal and policy changes on labour issues such as dismissals, closure of businesses amongst others.

How National Contact Point Mauritius can help

The OECD Guidelines provide for recommendations across a range of areas such as human rights, workers rights, environment, corruption and taxation and provide various guidances to help companies implement responsible business conduct practices across those areas. As part of its mandate, NCP Mauritius is responsible for promoting the OECD Guidelines. Should you have any queries on the OECD MNE Guidelines, or the implications, you may contact the NCP Mauritius on secretariat@ncpmauritius.mu