Chereads / Henki Business Volume Two / Chapter 24 - Memel

Chapter 24 - Memel

OVERVIEW OF THE IMPACT OF BUSINESS ON WORKING LIVES AND HUMAN RIGHTS

The actions of business enterprises can affect people's enjoyment of their human rights either positively or negatively. Indeed, experience shows that enterprises can and do infringe on human rights when they are not paying sufficient attention to this risk.

In order for businesses to effectively develop a framework for the relationship between their day-to-day operational activities and human rights, it is helpful and necessary to step back and consider the impacts of those activities on fundamental human rights. More and more businesses, sensitive to the criticisms of corporate social responsibility as being little more than a self-serving marketing activity, are taking a hard look at their activities through a human rights lens and focusing on their impact vis-à-vis specific rights such as adequate standards of living, just and favorable working conditions, healthy environment, non-discrimination and protection of vulnerable groups. Another method for connecting business activities to human rights impacts is to sort by reference to common business functions including human resources, health and safety, procurement and product safety.

Businesses can also orient their stakeholder relationships and engagement to the core human rights issues that are most relevant to the members of each of the stakeholder groups (e.g., relationships with workers should conform to their human rights to freedom of association, health, an adequate standard of living, and just and favorable conditions of work, and their rights not to be subjected to slavery or forced labor). Finally, the wave of globalization that has occurred over the last several decades has led to calls to expand the human rights duties of businesses to include adverse human rights impacts resulting from their involvement in business relationships with other parties

Enterprises can affect the human rights of their employees and contract workers, their customers, workers in their supply chains, communities around their operations, and end users of their products or services. They can have an impact – directly or indirectly – on virtually the entire spectrum of internationally recognized human rights.

One of the most significant ways in which business practices can impact working conditions is through wages and benefits. Businesses that pay fair wages and provide benefits such as health insurance paid time off, and retirement plans can improve working conditions and promote labor rights. Conversely, businesses that pay low wages or offer few benefits can contribute to poverty and insecurity among workers, which can lead to poor health outcomes and decreased productivity.

For health and safety, businesses have a responsibility to provide a safe and healthy work environment for their employees. This includes maintaining safe equipment and facilities, implementing safety protocols, and providing protective gear. Businesses that prioritize health and safety can help prevent workplace accidents and illnesses, while those that cut corners on safety measures put workers at risk.

Working hours are also an important consideration. Long working hours and lack of breaks can lead to stress and exhaustion among workers, which can have negative impacts on their health and productivity. Businesses that prioritize work-life balance and limit working hours can improve working conditions and promote labor rights.

Discrimination and harassment are also significant issues that can impact working conditions and labor rights. Businesses have a responsibility to prevent discrimination and harassment in the workplace. This includes taking steps to ensure that all employees are treated fairly and respectfully, regardless of their race, gender, or other characteristics. Businesses that fail to address discrimination and harassment can create a hostile work environment that undermines labor rights.

Collective bargaining is another important factor. Collective bargaining allows workers to negotiate with their employer for better wages, benefits, and working conditions. Businesses that recognize and respect the rights of workers to engage in collective bargaining can promote labor rights and improve working conditions. Conversely, businesses that try to suppress collective bargaining or intimidate workers who engage in it can undermine labor rights.

While businesses are expected to contribute to the growth of economies, create jobs, and improve the standard of living, they also have the responsibility to respect human rights. The impact of business on human rights can be both positive and negative. Businesses have a significant impact on human rights. While businesses can contribute to economic growth and improve the standard of living for people, they also have a responsibility to respect human rights. Businesses must ensure that they do not engage in practices that violate human rights, and should work to promote human rights in their operations and supply chains. This requires a commitment to transparency, accountability, and stakeholder engagement, as well as compliance with national and international laws and regulations. By promoting human rights, businesses can create sustainable and inclusive societies that benefit everyone.

Overall, the impact of business practices on working conditions and labor rights is significant. Businesses that prioritize fair treatment of workers, safe and healthy working conditions, and respect for labor rights can create a more productive and sustainable workplace, while those that neglect these areas risk damaging their reputation and undermining their long-term success.

To promote better working conditions and labor rights, businesses should develop comprehensive policies and procedures that prioritize the well-being of employees. This might include creating a health and safety policy, conducting regular safety audits, providing adequate training, implementing safety protocols, and regularly reviewing and updating policies. Businesses should also encourage employee input and recognize the importance of collective bargaining in promoting fair wages, benefits, and working conditions.

THE RIGHT TO WORK AND JUST AND FAVORABLE CONDITIONS FOR WORK

Businesses and employers generally can provide just and favorable working conditions by following strong health and safety standards, but they can also cause harm to their workers by failing to provide sufficient breaks during working hours or exposing workers to toxic substances that are dangerous to their health.

An instance is a manufacturing company in Lithuania that has its employees working for Moscow. The conditions for work have not been favorable at all and workers seem to be on their own in terms of safety.

Another case is the money laundering case of Angelholm Greenhouse, Sweden. They have a flare gun situation sponsoring and partnering with sponsors from the People's Republic of China investors to fund North Korean businesses in illegal cases of the German Federation the North Korean sponsors through China built profits through hotel chains to send illegal and international forbidden money laundering funds. It is an illegal and criminal activity business in Angelholm.

We have now the same illegal problem in the Kingdom of Sweden, Angelholm.

Yes, they grow only flowers but fund their capital international criminals. Their Director is from the Republic of Lithuania, Dir. Meilutis Sicinskis.

Many questions that beg for answers:

Did Johnson and Johnson's coronavirus vaccine cause a huge fuss about causing their patients cancer like written in Japan?

Did they have to compensate 9 billion dollars in damages as we can read in Japan today?

Should we speak about our Human Rights and is it United Nations problem?

The right to just and favorable conditions of work imposes three levels of obligations on States parties. First, State parties must respect the right by refraining from interfering directly or indirectly with its enjoyment. This is particularly important when the State is the employer, including in State-owned or State-controlled enterprises. For example, States parties should not introduce salary scales that discriminate, directly or indirectly, against female workers or maintain a promotion system in the public sector that favors, directly or indirectly, the overrepresented gender at higher levels. States parties should take measures to prevent and remedy occupational accidents and diseases resulting from their acts or omissions. States parties should also respect collective agreements aimed at introducing and maintaining just and favorable conditions of work and review legislation, including corporate laws and regulations, to ensure that it does not constrain that right.

The right of everyone to the enjoyment of just and favorable conditions of work is recognized in the International Covenant on Economic, Social and Cultural Rights and other international and regional human rights treaties, as well as related international legal instruments, including conventions and recommendations of the International Labour Organization (ILO). It is an important component of other labor rights enshrined in the Covenant and the corollary of the right to work as freely chosen and accepted. Similarly, trade union rights, freedom of association, and the right to strike are crucial means of introducing, maintaining, and defending just and favorable conditions of work. In turn, social security compensates for the lack of work-related income and complements labor rights. The enjoyment of the right to just and favorable conditions of work is a prerequisite for, and the result of, the enjoyment of other Covenant rights, for example, the right to the highest attainable standard of physical and mental health, by avoiding occupational accidents and disease, and an adequate standard of living through decent remuneration.

The importance of the right to just and favorable conditions of work has yet to be fully realized. Almost 50 years after the adoption of the Covenant, the level of wages in many parts of the world remains low and the gender pay gap is a persistent and global problem. ILO estimates that annually some 330 million people are victims of accidents at work and that there are 2 million work-related fatalities. Almost half of all countries still regulate weekly working hours above the 40-hour work week, with many establishing a 48‑hour limit, and some countries have excessively high average working hours. In addition, workers in special economic, free trade, and export processing zones are often denied the right to just and favorable conditions of work through the non-enforcement of labor legislation.

Preventing occupational accidents and disease is a fundamental aspect of the right to just and favorable conditions of work, and is closely related to other Covenant rights, in particular the right to the highest attainable level of physical and mental health. States parties should adopt a national policy for the prevention of accidents and work-related health injury by minimizing hazards in the working environment and ensuring broad participation in the formulation, implementation, and review of such a policy, in particularly of workers, employers, and their representative's organizations. While full prevention of occupational accidents and diseases might not be possible, the human and other costs of not taking action far outweigh the financial burden on States parties for taking immediate preventative steps that should be increased over time.

Access to safe drinking water, adequate sanitation facilities that also meet women's specific hygiene needs, and materials and information to promote good hygiene are essential elements of a safe and healthy working environment. Paid sick leave is critical for sick workers to receive treatment for acute and chronic illnesses and to reduce the infection of co-workers.

Working days spent in all activities, including unpaid work, should be limited to a specified number of hours. While the general daily limit (without overtime) should be eight hours, the rule should take into account the complexities of the workplace and allow for flexibility, responding, for example, to different types of work arrangements such as shift work, consecutive work shifts, work during emergencies and flexible working arrangements. Exceptions should be strictly limited and subject to consultation with workers and their representative organizations. Where legislation permits longer working days, employers should compensate for longer days with shorter working days so that the average number of working hours over a period of weeks does not exceed the general principle of eight hours per day. Requirements for workers to be on-call or on standby need to be taken into account in the calculation of hours of work.

Migrant workers in particular if they are undocumented, are vulnerable to exploitation, long working hours, unfair wages, and dangerous and unhealthy working environments. Such vulnerability is increased by abusive labor practices that give the employer control over the migrant worker's residence status or that tie migrant workers to a specific employer. If they do not speak the national language(s), they might be less aware of their rights and unable to access grievance mechanisms. Undocumented workers often fear reprisals from employers and eventual expulsion if they seek to complain about working conditions. Laws and policies should ensure that migrant workers enjoy a treatment that is no less favorable than that of national workers regarding remuneration and conditions of work. Internal migrant workers are also vulnerable to exploitation and require legislative and other measures to ensure their right to just and favorable conditions of work.

The right to work, however, is not an unconditional guarantee of employment. Rather, it requires the government to undertake particular actions to facilitate employment. This includes safeguarding the right of everyone to the opportunity to gain their living through work that they freely choose or accept. Such work must not be forced; it must be voluntarily accepted and not entered into under threat of penalty. This right also implies that people are not unjustly deprived of work, and so requires adequate protection from unfair dismissal.

The definition of work includes all forms of work, whether independent work or salaried work and encompasses work in both the public and private sectors.