manual: women workers' rights and gender equality - International ...

Briefing Note 9 Violation of Rights at Work: File a Complaint
This briefing note is of special relevance to workers, covered under the Labour Code, in other
words formal sector workers. It specifies the rules for solving problems at workplaces such as
factories and companies in the private sector. Informal sector workers, and the groups excluded
from this legislation may find the information useful as it illustrates the process of the steps to take
in conflict resolution and the settlement of disputes.
Rights of workers are formulated in the Labour Code 1997. Article 1 defines to which workers the
law applies:
This law applies to every enterprise or establishment of industry, mining, commerce, crafts,
agriculture, services, land or water transportation, whether public, semi-public or private, nonreligious
or religious, whether they are of professional education or charitable characteristics as
well as the liberal profession of associations or groups of any nature whatsoever.
This law shall not apply to:
- Judges of the Judiciary
- Persons to a permanent post in the public service
- Personnel of the police, army, military police,
- Personnel serving in the air and marine transportation
- Domestic or household servants, unless otherwise expressly specified under this law
The last two categories however, are entitled to apply the provisions on freedom of union under the
law.
In case of any violation of rights at work, workers who are protected by the Labour Code 1997 (see
above) can complain. The procedures are different for individual and collective disputes. A brief
guideline is given below.
1. Individual dispute
Try to solve the problem first within the enterprise:
- if there is a grievance procedure in the enterprise: follow this procedure
- go to your direct supervisor
- go to the management of the enterprise
- go to your trade union
If this does not solve the problem you can file a complaint with:
- a conciliator of the Ministry of Social Affairs, Labour Vocational Training and Youth
Rehabilitation (MOSALVY). This is a voluntary procedure, the Ministry acts as an intermediate
and cannot force anything. The procedure is free of charge.
- The Court, this can be a second step but you can also go straight to court. The process is
lengthy and can be expensive. It may be difficult but can be the only option to expose a ‘wrong’
and justify a ‘right’. Landmark judgements by courts have led to real changes in society, due to
their effects on public awareness and societal debate on what a country stands for or strives
for.
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