Employment
Relevant sources: ICCPR Arts. 8, 22; ICESCR Arts. 6-9, 10(2)-(3), 11(1); CEDAW Arts. 10(a), 11, 14(1), (2)(c)(e), 16(1)(g); CRC Arts. 18(3), 23(3), 32; CRPD Arts. 8(2)(a)(iii), 9(1)(a), 26(1), 27; ICERD Art. 5(e)(i)(ii); ICRMW Arts. 11, 20(2), 22(6), 25-27, 33(1)(b), 40, 43(1)(b)(c), 45(1)(b), 49, 51-55, 58-63; UDHR Arts. 23-24, 25(1)
Core elements of the guarantee during the COVID-19 pandemic include:
- Ensure in line with the UN Guiding Principles on Business and Human Rights “that any measures taken to alleviate the economic impact of COVID-19 place the protection of workers, particularly those in the most precarious and vulnerable situations, at the core,” ensure “corporate responsibility to respect human rights,” and when violations occur (e.g.,“work in unsafe conditions, wrongful terminations, and reprisals against union leaders and others challenging the lack of on-the-job protective equipment”), ensure that “those affected . . . have access to effective remedy through legitimate processes” (OHCHR)
- Provide workers with “adequate economic, social and other support . . . without discrimination on grounds of migration and other status” so that they do not “face serious risk of exploitation” (UN Special Rapporteurs)
- Put into place stronger “social and labour protection frameworks by combatting existing inequalities . . . that increase the vulnerability of certain populations to slavery and exploitation” (UN Special Rapporteurs)
- Provide various forms of support including “income support, debt relief, tax credits and wider social security benefits . . . to all workers who have been unemployed as a result of lockdown measures, without discrimination” with special attention to at-risk groups such as “women, migrant workers, indigenous peoples, minority groups, refugees and asylum seekers, internally displaced or stateless persons, older workers, workers with disabilities, persons working in the informal economy, self-employed persons, and seasonal and temporary workers” (UN Special Rapporteur on contemporary forms of slavery, including its causes and consequences)
- Ensure that labor laws are upheld and enforced to “maintain workers’ rights and prevent businesses and employers from exploiting their employees” (UN Special Rapporteur on contemporary forms of slavery, including its causes and consequences)
- Provide “immediate support” to workers who are “at-risk” including by extending “social protection coverage,” taking measures to retain employees, including through wage subsidies, taking “gender-responsive, inclusive, accessible and targeted measures,” and providing rewards to essential workers (UN)
- Adopt a “comprehensive approach to returning to work” including by ensuring safety in workplaces, allowing for “alternative work modalities for populations-at-risk,” and implementing measures that will have long-term impacts (UN)
- Create jobs “for a green, inclusive, and resilient recovery” including by “[a]ccelerating the transition to formality,” investing in the care economy, and “[p]rioritizing skills and jobs for young people” (UN)
Further guidance can be found here: UN Special Rapporteurs; UN Working Group on Business and Human Rights; ILO; Business and Human Rights Resource Centre
Structural and Systemic Change through COVID-19 Human Rights Measures; Interdependence of Human Rights in COVID-19 Human Rights Measures
The “Structural and Systemic Change through COVID-19 Human Rights Measures” Briefing Paper highlights measures that explicitly aim to create structural and systemic change, including by emphasis on the concept of doing things differently than previously. In putting into place such measures, States have sought to demonstrate a commitment to transformative, structural, and long-term change.
The “Interdependence of Human Rights in COVID-19 Human Rights Measures” Briefing Paper includes positive human rights measures that governments have put into place during the COVID-19 pandemic that demonstrate a recognition of the interrelated nature of human rights. Such measures actualize that “[a]ll human rights are universal, indivisible and interdependent and interrelated” and that economic social and cultural rights should be given the same status as civil and political rights.
Show me all types of advances during COVID-19
| Measure | Country |
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| The Cabinet has Approved the Extension of the Credit Limit Approval Period for the EXIM Biz Transformation Loan Project from 31 July 2022 to 30 June 2023 | Thailand |
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The government extended “the approval period for the EXIM [Export-Import Bank of Thailand] Biz Transformation Loan project of the Export-Import Bank of Thailand” through June 2023. The program is designed… |
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| Government of Spain Extends Temporary Lay-off Plans and Special Aid to the Self-Employed until 30 September | Spain |
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“The Council of Ministers has approved the Royal Decree-Law to defend employment and economic reactivation and to protect the self-employed.” This measures “includes the extension of the Temporary Lay-off Plans… |
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| Governor Hogan Announces $60 Million Pandemic Relief Grant Program for Child Care Providers | United States |
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The Governor of Maryland “announced that licensed child care centers and registered family child care providers are eligible to apply for Child Care Pandemic Relief Fund grants to help meet… |
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| Human Services Ministry Launches Childcare Subsidy for Essential Workers | Guyana |
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Under this program, “[f]rontline workers who are providing an essential service or key public services during the COVID-19 pandemic can apply for the Ministry of Human Services and Social Security… |
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| Ghana COVID-19 Alleviation and Revitalization of Enterprises Support (Ghana CARES) | Ghana |
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Relevant sections of this program include: measures “to relieve hardships on Ghanaians by reducing the cost of basic services; ensuring food security; protecting businesses and workers; and further strengthening the… |
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| National Training and Reskilling Scheme (NTRS) | Mauritius |
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As a “key component[]” of its “Economic Recovery Programme” the government launched a project to provide “training and reskilling of some 9,000 unemployed persons.” Among other areas, the project aimed… |
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| SUBREI Ratifies Agreement to Fourth Agreement of Clean Production of the Industry of the Sustainable Processed Food Industry The IV Clean Production Agreement (APL) of the Processed Food Industry (SUBREI ratifica compromiso a IV Acuerdo de Producción Limpia de la Industria de Alimentos Procesados Sustentable) | Chile |
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The objectives of the Fourth Clean Production Act of the Industry of Processed Foods, an agreement between private and public bodies, signed by a range of government ministries, including the… |
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| Amendment to the Equal Employment Opportunity and Work-Family Balance Assistance Act | Korea, Rep. |
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This amendment to existing legislation extends, among other provisions, the “maximum period of family care leave” to “90 days per year, and employees may use this leave in several instances,”… |
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| Regulations to Facilitate Access to Short-term Work to be Extended | Germany |
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Government “regulations to facilitate access to short-time work allowance and to raise the allowance” will extend through the end of 2021. The allowance is paid by the Federal Employment Agency… |
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| Interventions to Assist the Agricultural Sector during COVID-19 | South Africa |
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The Ministry of Agriculture, Land Reform and Rural Development set aside funds to provide “assistance to mainly target financially distressed small-scale farmers” as a way “to mitigate the impact of… |
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| CCSA (Center for COVID-19 Situation Administration) Measures Summarized from PM’s Statement on April 2, 2020 | Thailand |
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As part of a series of measures related to COVID-19, the Prime Minister and Defense Minister announced “[e]conomic stimulus measures” including a “5,000-Baht subsidy for 3 months for over 9… |
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| Economic Stimulus and Relief Package | Namibia |
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Among other measures, this package provides “support to households” including in the form of “[a]n Emergency Income Grant, to support those employees who have lost their jobs due to the… |
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| Executive Order N-45-20 | United States |
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The Governor of the State of California issued an Executive Order with provisions to: “facilitate the continued provision of child care during the COVID-19 outbreak,” “ensure that essential critical infrastructure… |
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| COVID-19: Special Clinic for Expatriate Workers Established at Hulhumale’ Preschool | Maldives |
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In the context of COVID-19, a flu-clinic where “migrant workers . . . will not be required to present a work permit or documentation” was established. This measure occurs in… |
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| By Order of the Custodian of the Two Holy Mosques: The Government, through Unemployment Insurance (SANED), Bears 60% of the Salaries of Saudi Private Sector Labors | Saudi Arabia |
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This policy entitles employers “to apply for the General Organization for Social Insurance (GOSI) and request a monthly compensation payment” as a way to avoid having to terminate contracts of… |
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| Economic Response to the Coronavirus, JobKeeper Payment | Australia |
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Under this program, extended until March 28, 2021, “businesses and not‐for-profits significantly impacted by the Coronavirus outbreak” could “access a wage subsidy from the Government to continue paying their employees.”… |
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| Guidelines for the Implementation of the Tulong Panghanapbuhay sa Ating Displaced/Disadvantaged Workers Program (TUPAD) | Philippines |
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The Tulong Panghanapbuhay sa Ating Displaced/Disadvantaged Workers Program “is a community based (municipality/barangay) package of assistance that provides temporary wage employment.” Qualified beneficiaries of the program include “the underemployed, self-employed… |
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| Notice on Compensation for Occupationally-Acquired Novel Corona Virus Disease (COVID-19) under Compensation for Occupational Injuries and Diseases Act, 130 of 1993 as Amended | South Africa |
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South Africa amended its existing Compensation for Occupational Injuries and Diseases Act, 1993 to address “occupationally-acquired COVID-19” which is defined as being “contracted by an employee . . . arising… |
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| Packages of Measures to Alleviate and Neutralize Economic Consequences of Covid-19 Outbreak | Armenia |
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Armenia enacted a series of at least nine measures to both “alleviate” and “neutralize” the economic consequences of the pandemic. these measures were aimed to support: “separate business entities operating… |
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