THE ROLE OF LAWS AND REGULATIONS IN ADDRESSING UNFAIR LABOUR PRACTICES IN THE GLOBE.

Authored By: Adewale Mofetoluwa Victoria

Obafemi Awolowo University

ABSTRACT

One of the most contentious arguments in the world currently is if the enacted labour laws actually address the problem of labour rights violation. This legal article will be exploring the current position of adherence to labour rules and will proffer suggestions that will subject strict adherence to labour laws. To ensure optimal comprehension for readers, this legal essay will define workers rights, highlight unfair labour practices,international and national laws enacted to address unfair labour practices, the shortcomings of these laws and opine adjustments that can be made to the legal system to ensure maximum compliance in the globe.

Key words: labour rights, labour laws, labour rules, unfair labour practices.

INTRODUCTION

On the 2nd of June 2025 to the 13th of June 2025, the International Labour Organisation is holding the 113th session to discuss employment matters and suggest new international standards for the protection of workers.^[1] However, it’s so disheartening to see that Labour rights are merely recognised, often disrespected and unimplemented by employers in some jurisdictions. Some scholars opined that this is the case because labour rights are not perceived as human rights, employers are not properly sanctioned for labour rights violation and there is an improper fraction in the contractual relationship between the employer and the employees.This legal article will define labour rights, clearly state the various forms of unfair labour practices,highlights the importance of acknowledging and implementing labour rights, and suggest how laws and implementation policies can address unfair labour practices in the globe.

BACKGROUND

LABOUR RIGHTS AS HUMAN RIGHTS

The International Labour Organisation defines labour rights as human rights that protect against unjust and hazardous work that harm not only the workers, but their families, employers and members of the communities.^[2] Basically, labour rights are human rights as everyone has the freedom of employment and the choice to work for a living. This is clearly pronounced in Article 23 of the Universal Declaration of Human Rights (UDHR) of the United Nations in 1948. It states that “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.”^[3] Therefore, in simple parlance, labour rights are the rights workers are entitled to in the course of employment. The United States Act 1974 defines “internationally recognised rights” to include acceptable conditions of work, with respect to minimum wages, hours of work, and occupational safety.^[4]

Currently, the International Labour Organisation recognises five fundamental principles and rights at work.^[5]These labour rights are:

Freedom of association(Convention No 87 of 1948) and the effective recognition of the right to collective bargaining. (Convention No 98 of 1949)
The elimination of all forms of forced or compulsory labour. (Forced Labour Convention No 29 of 1930, Abolition of Forced Labourer Convention No 105 of 1957)
The effective abolition of child labour (Minimum Age Convention No 138 of 1973), (Worst Forms of Child Labour Convention No 182 of 1999).
The elimination of discrimination in respect of employment and occupation. ( Equal Remuneration Convention No 100 of 1961)
A safe and healthy working environment. (Occupational Safety and Health Convention No 155 of 1981)

Also, labour rights are recognised by several jurisdictions through legislations pertaining minimum wage, discrimination, paternity leave, equal remuneration. Therefore labour laws are regulations that dictate the rights of employees. It is the legal framework that governs the relationship between the employer and the employee. In Nigeria for example, the laws guiding labour rights are entrenched in the constitution, Labour Act(2004), Factories Act, Employees Compensation Act and so on. In India, labour laws are entrenched in Trade Unions Act (1926),Payment of Wages Act(1936), Industrial Employment Act(1946) inter alia. Labour laws in the United Kingdom include the National Minimum Wage Act(1998), The Equality Act(2010), Data Protection Act (2018) and so on.

UNFAIR LABOUR PRACTICES

However, despite these laws in various jurisdictions, labour rights violation and unfair labour practices are still rampant hence, there is a call for accountability. These unfair labour practices include:

Failure to pay minimum wage or to comply with minimum wage laws: Even after the enactment of minimum wage acts, workers are still paid lower than the recognised statutory wage. It is crucial to note that some developed countries even lack minimum wage laws. Such countries include; Sweden,Iceland,Denmark,Norway,Switzerland. A recent extensive study by the International Labour Organisation(2021) finds that about 266 million of wage earners are paid less than the minimum wage either because they’re not legally covered or because of non-compliance.^[6] Also, non-compliance of minimum wage laws is mainly focused on developing countries with above 20% estimates. However it is important to note that this percentage varies from countries to countries as some countries like Mali has high estimates as 80% and countries like Argentina which non compliance is as low as 5%^[7]
Restricting employees from joining or forming trade unions: A report has shown that 75% of countries in the globe exclude workers from the right to join or establish a trade union and 74% impeded the registration of unions.^[8] In fact the deaths of workers who joined trade unions were recorded in countries like South Africa, Colombia,Peru,Guatemala and Cameroon.^[9] This has shown that even with international legislations enacted to give workers freedom to association. Some countries or employers still restrict employees from joining trade unions for selfish concerns.
Child labour: Child labour is one of the most prominent form of unfair labour practice. Despite the ILO convention No 182 on Worst Forms of Child Labour, 160 million children(63 million girls and 97 million boys) were engaged in hazardous work globally as at 2020. This accounts for 1 out of 10 children worldwide. Child labour is prevalent in low income countries and middle income countries.^[10] These child labour are in different forms such as agricultural farms, fisheries, mining, Factories,(exposing them to toxic chemicals), streets and traffics(exposing them to exhaust fumes).
Discrimination at Workplace: This can occur in different forms such as gender, age, religion,disability or nationality. Recent research has shown that 91% of workers have faced workplace discrimination and just only 9% have not faced workplace discrimination.^[11] Racism tops the chart with 38%, followed by ageism with 33% and misogyny with 29%. In the US alone 61% of workers have experienced discrimination one way or the other.^[12]These findings call for urgent need for measures and policies for a more inclusive working environment.
Other inhumane labour practices include: harassments(sexual harassment,verbal abuse,hostile work environment), Punishing workers for engaging in protests or reporting their complaints, wrongful dismissal, withholding wages, overtime pay and other bonuses an employee us entitled to.

THE COSTS OF UNFAIR LABOUR PRACTICE

ECONOMIC COSTS: Violation of labour rights can have a negative impact on the economy of nations as productivity of workers will be reduced drastically. Workers will be discouraged from unfair compensation for their efforts, this will cause them to be inefficient and ineffective. Wrongful termination of employment contracts will result in loss of intelligent workers that can promote the growth of the economy. A growing body of research suggests that societies characterised by high levels of inequality and social justice are likely to experience sustained economic growth.^[13] This implies that addressing unfair labour practices will not only reduce social injustice but also unlock economic opportunities.
SOCIAL COSTS: Unfair labour practices such as non-increment of salaries of workers affect the social status of labourers. Discrimination at work increases inequality and may puncture the relationship between employers and employees all over the globe. These unfair labour practices come at a social cost generally and individually. Generally, this will increase the rate of social unrest(such as political and economic instability) through strikes and protests. These unfair practices also affect the mental health of individuals which in the long run breeds self-deprecating individuals who will become incapable of promoting the society. Illegal labour practices will also undermine the power of democracy if the rights of workers are not redressed when violated.

These negative impacts above bring about a call for action.

What can we do to save our society?
What are the laws and measures already in place to address unfair labour practices in the world?
What other enforcement can ensure compliance of employers?

CURRENT REGULATORY FRAMEWORK ADDRESSING THE ISSUE OF UNFAIR LABOUR PRACTICES.

The Treaties of International Labour Organisation: The Treaty of Versailles [1919] has established standard labour standards in which 150 out of 175 member states of ILO have ratified the four standards which are against forced labour and discrimination in employment.^[14] The International Labour Organisation is the primary global institution that enforces labour laws. It has the power to investigate any violation of labour rights even if a member state has not ratified some conventions. However, despite this structure, the violation of labour rights are unending because many workers don’t have quick and near access to lodge their complaints. Despite the fact that the conventions of the International Labour Organisation have been ratified by so many countries which simply implies a global commitment to these standards, it still seems like these conventions are not in place or are not adhered to.
The legal framework of members states: Member states have also demonstrated fidelity to the protection of labour rights by enacting laws both individually and collectively. The European Union through the Employment Equality Directive(2000/78/EC), has set a legal framework for equal treatment at Workplace.^[15] The African Charter on Human and People’s Rights also provides that workers have the rights to work under equitable and conducive conditions. Also, most countries have enacted labour laws to regulate the relationship between the employers and employees.

However, despite these legal frameworks, non-compliance still remains rampant because of minimal enforcement. Studies have shown that more than half of the private sectors in the developing world do not comply with labour laws.^[16] In Argentina for example, only half pf the workforce receive minimum wage. Kenya has over 70% non compliance to minimum wages law. How do we save our society from here with these same legal frameworks?

THE WAY FORWARD:PROPOSED ADJUSTMENTS TO LEGAL FRAMEWORKS TO ENSURE MAXIMUM COMPLIANCE TO LABOUR LAWS IN THE GLOBE

Restructuring of Laws: The International and national laws should be restructured to enforce more punitive measures to non- compliance. Rather than imposing just fines on employers, the employers should be made to serve prison terms. For example Section 46(1) of the Nigerian Labour law Act provides that Employers who neglect or ill treat their employees will pay a fine of N500 or serve a prison term not exceeding one year. These punishments are lenient and might not produce the desired results. Rather than just compelling firms to pay lenient fines, they should be compelled to pay hefty fines in millions and billions that are fines that are capable of sinking the business because the offence of violating labour rights is an aberration to humanity. India is a good example of strict penalties. The Indian law goes as far as withholding the business license of any employer who disobeys labour rules. Non-compliance to safety rules due to negligence can lead to 7 years imprisonment and a fine of 2 Lakh.^[17]In a nutshell, international and local laws should enforce hefty fines, long jail terms and seize the business license of any employer that disrespect workers rights.
Enforcement Strategy: Laws exist in theory but not in practice. There is a wide gap between the legislation of laws protecting labour rights and actual execution. There are no strategic bodies that are tailored to implement international labour laws made by the International Labour Laws. Even so many countries lack bodies that are structured to implement labour laws and it suggests that the only hope for workers is their various trade unions who will fight for their labour rights. Enforcement bodies should be created and well supervised to use implement these laws. For example, in Nigeria, there exist Drug Acts and Laws and there are two bodies that are responsible for the application for these laws which are the National Drug Law Enforcement Agency and the National Food And Drug Agency Commission. There should also be labour laws enforcement commissions created all over the globe. This will ensure strict compliance to labour laws.
Exposing non- compliance : Firms or companies that violate labour laws should not just be punished, they should also be exposed through the media. This will ensure that companies strictly adhere to labour rules as no business will desire to jeopardise its reputation to the globe.

CONCLUSION

With these adjustments, it is safe to say that labour rights abuse will be almost totally eradicated in the world. The current enactments addressing unfair labour practices just require minimal

amendment for the termination of unfair labour customs. Also, the birth of enforcement bodies which will be saddled with the responsibility of sanctioning and exposing employers or businesses who flaunt labour rules. The world will be conducive to live in if these amendments are made.

REFERENCE(S):

Primary sources

Statutory Provisions

Article 23 of Universal Declaration of Human Rights (UDHR)[1948]
United States Act [1974]
Forced Labour Convention [1930]
Abolition of Forced Labourer [1957]
Minimum Age Convention [1973]
Worst Forms of Child Labour [1999]
Equal Remuneration Convention [1961]
Occupational Safety And Health Convention [1981]
Treaty of Versailles [1919]
Nigerian Labour Act [2004]
Nigerian Factories Act
Indian Trade Unions Act [1926]
India’s Payment of Wages Act [1936]
India’s Industrial Employment Act[1946]
United Kingdom’s Minimum Wage Act [1998]
United Kingdom’s Equality Act [2010]
United Kingdom’s Data Protection Act [2018]
European Union’s Employment Equality Directive(2000/78/EC)
Section 46 of the Nigerian Labour Act

Secondary Sources

Websites

^[1]https://www.ilo.org/international-labour-conference/113th-session-international-labour-conference

^[2] https://www.ilo.org/resource/article/labour-rights-are-human-rights-all-workers

^[3] https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Article%2023,equal%20pay%20for%20equal%20work.

^[4] https://www.brookings.edu/articles/workers-rights-labor-standards-and-global-trade/

^[5] https://www.ilo.org/projects-and-partnerships/projects/undamental-principles-and-rights-work#:~:text=Freedom%20of%20association%20and%20the,respect%20of%20employment%20and%20occupation.

^[6] https://www.eurofound.europa.eu/sites/default/files/2023-11/ef23059en.pdf

^[7] https://www.eurofound.europa.eu/sites/default/files/2023-11/ef23059en.pdf

^[8] https://www.ituc-csi.org/ituc-global-rights-index-2025-EN

^[9] https://www.ituc-csi.org/ituc-global-rights-index-2025-EN

^[10] https://www.unicef.org/protection/female-genital-mutilation?copy_content#:~:text=How%20common%20is%20child%20labour,place%20in%20the%20agriculture%20sector.

^[11] https://www.cnbc.com/2023/07/27/9percent-of-workers-havent-faced-discrimination-expert-on-what-to-do.html

^[12] https://powertofly.com/up/discrimination-in-the-workplace

^[13] https://www.socialsciencejournal.net/assets/archives/2024/vol6issue1/6003.pdf

^[14] https://www.brookings.edu/articles/workers-rights-labor-standards-and-global-trade/

^[15] https://www.ej-politics.org/index.php/politics/article/view/147#:~:text=From%20Directive%20PWD%20(1996).,2023;%20Houwerzijl%2C%202024;%20Surdykowska

^[16] https://wol.iza.org/articles/enforcement-of-labor-regulations-in-developing-countries/long

^[17] https://www.linkedin.com/pulse/non-compliance-labour-laws-india-fines-penalties-anand-tiwari-ljncf