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Rights at work place

 Workplace
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◈ Whether you are a teacher, an actor, a factory worker or a miner, you
may be asking yourself the question: what are my human rights at
work? Perhaps you feel that you have been treated unfairly by your
boss, or denied a promotion to which you feel that you are entitled.
Maybe a co-worker is discriminating against you, or being treated
preferentially to you. Or, perhaps you have been unfairly prevented
from observing your religion during work hours. This article discusses
how human rights can protect you in the workplace, focussing on
human rights laws within Europe. It looks at a few scenarios where
knowledge of your human rights might help to you better your
situation at work, and explains which human rights laws could help to
protect you. When considering your rights and entitlements within the
workplace, remember, knowledge is power
Right to Equality
European equality laws prohibit discrimination on the basis of what is known as a 
‘protected characteristic.’ This includes gender, sex, sexual orientation, race and religious
belief. This means that – for example – if you are a homosexual or your employer believes
you to be a homosexual, your employer is not allowed to treat you less favourably than your
heterosexual colleague, on the grounds of your sexuality.
Discrimination against those with disabilities is also forbidden. The law places obligations
upon employers to make ‘reasonable adjustments’ to accommodate employees with
disabilities, whether these are of a physical, psycho-social or intellectual nature. Say you
are hearing impaired. Your employer is obliged to make reasonable adaptations to your
work environment, to reduce the disadvantage that you experience because of your hearing
impairment. This might include using technologies such as Bluetooth to connect to hearing
aids, or ensuring that you have access to video calling to facilitate signing or lip reading.

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Equal Pay for Equal Work
The right to equality means that two people who are performing the same, or equivalent job
function should be paid the same amount. In practice, this does not always take place.
Historically, women have been paid less than men for fulfilling the same, or parallel roles. In the
UK, in 2012, Birmingham City Council was forced to pay out over £757 million  to settle claims
brought by women who missed out on bonuses. The women mostly worked in roles such as
cooks, cleaners and care staff and had been denied bonuses which were given to their male
counterparts who worked in roles such as refuse collectors and street cleaners.

Maternity Rights
Maternity leave, and the subsequent return to work are key times when women experience sex
discrimination in the work place. European laws stipulate that female employees have the right to
return to the same position after their period of maternity leave. Employers are not allowed to
treat you unfavourably because of your period of maternity leave – for example, it is unlawful
discrimination if they do not offer you training opportunities, or fail to give you an equal chance to
gain a promotion, because you took maternity leave.
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Right to be Paid Fairly for your Work
The right to receive fair pay and working conditions is set out in 
Article 7 of the International Covenant on Economic, Social and Cultural rights. This
means that states are obliged to ensure that workers receive a minimum wage which is
sufficient to support themselves and their families. Paying a worker less than
mandatory minimum wage is a criminal offence. Whilst above-board companies can be
held accountable for their treatment of employees, it is much for difficult to do so for the
black market labour force. Undocumented migrant workers are particularly vulnerable to
working conditions which do not respect their human rights. Italy is believed to have at
least 600 000 undocumented migrant workers. This year, in a historic move, 
Italy granted an amnesty to undocumented migrant workers in certain sectors of the
economy in an attempt to halt workers operating under illegal or non-existent work
contracts.
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Right to Strike Against Unfair Working Conditions 
Striking is often the only way that workers can protest effectively, in order to improve their
working conditions. The right to strike, or bring collective action is protected in
international human rights law including the 
International Labour Organisation’s Convention of Freedom of Association and the Protec
tion of the Right to Organise 1948
, The Council of Europe Social Charter of 1961 and to a limited extent Article 7 of the 
International Covenant on Economic, Social and Cultural rights. However, domestic laws
of states do not always offer protection to striking workers. In 2018, the 
European Court of Human Rights considered the case of a rail strike in Russia. The case
concerned a train driver who was dismissed from his role after participating in a one day
strike. The court confirmed that striking is a human right which is protected under Article
11 of the European Convention on Human Rights, the right to freedom of assembly and
association.
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 Bibliography
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◈ https://www.humanrightscareers.com/issues/h
uman-rights-in-the-workplace
/
◈ https://www.nidirect.gov.uk
/articles/human-rights-workplace