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Download the file - United Nations Rule of Law

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equity. The key to success is to link employmentcreation with protection. This requires buildingbroad societal consensus for coordinated reformsacross a variety <strong>of</strong> labour market institutions andprovision for support to workers in re-entering <strong>the</strong>labour market following investments in educationand training, in incentives that would encouragemobility, and in job creation, among o<strong>the</strong>rmeasures.Lessons from national reform practiceThere are lessons to be learned from countrieswhich recently have introduced policies aimedat empowering workers and entrepreneurs in <strong>the</strong>informal economy.Legal identityLegal identity, as worker or entrepreneur, is<strong>of</strong> fundamental importance for legal empowerment.Some countries have tried to establish<strong>the</strong>se identities and make <strong>the</strong> employmentrelationships explicit (in labour laws or in <strong>the</strong>irextensions). Thailand provides an example <strong>of</strong> how<strong>the</strong> labour law has been extended to home workersthrough a ministerial regulation. In this case,home workers are considered ‘employees’ thosewho use raw materials and tools that come from<strong>the</strong> employer. The Ministerial Regulation also affirms<strong>the</strong> application <strong>of</strong> <strong>the</strong> Fundamental principlesand rights at work to <strong>the</strong>se workers (SeeCase 1, Annex 2). Employment relationships havealso been determined through judicial decisions.In <strong>the</strong> Philippines, <strong>the</strong> Supreme Court has applieda four-fold test in determining <strong>the</strong> existence<strong>of</strong> an employer-employee relationship: 76 ‘(1) <strong>the</strong>selection and engagement <strong>of</strong> <strong>the</strong> employee; (2)<strong>the</strong> payment <strong>of</strong> wages; (3) <strong>the</strong> power <strong>of</strong> dismissal;and (4) <strong>the</strong> power to control <strong>the</strong> employee’sconduct.’ Fur<strong>the</strong>rmore, <strong>the</strong> evidence <strong>of</strong> payment— through a pay slip — has been accepted aspro<strong>of</strong> <strong>of</strong> employer-employee relationship (SeeCase 2, Annex 2). India <strong>of</strong>fers an example <strong>of</strong> awelfare fund where <strong>the</strong> trade unions provide acertification <strong>of</strong> <strong>the</strong> eligibility <strong>of</strong> <strong>the</strong> worker. Theidentity <strong>the</strong>refore comes from membership in atrade union (See Case 3).Voice and representationThe right to voice and representation is as importantas legal identity. Throughout <strong>the</strong> world, tradeunions are launching and supporting campaignsfor <strong>the</strong> representation and protection <strong>of</strong> informalworkers. For example, <strong>the</strong> Inter-American RegionalOrganisation <strong>of</strong> Workers has issued guidelinesand manuals to enhance organisation and representation<strong>of</strong> workers in <strong>the</strong> informal economy. TheAlliance for Zambia Informal Economy Associationswas launched in 2002 in partnership with<strong>the</strong> Zambia Congress <strong>of</strong> Trade Unions. 77The Self-Employed Women’s Association (SEWA),India, is <strong>the</strong> well-known and very promising tradeunion <strong>of</strong> women informal workers who actively engagein collective bargaining and o<strong>the</strong>rwise leverageinfluence over <strong>the</strong> environment in which <strong>the</strong>ywork (See Case 4). Over <strong>the</strong> past two decades,SEWA has co-founded and inspired a number <strong>of</strong>organisations <strong>of</strong> informal workers which individuallyand collectively are gaining voice and representationin relevant policymaking fora.In Ghana, <strong>the</strong> ILO’s Decent Work programme hasworked with local government to promote socialdialogue by creating District Assembly Sub-Committeeson Productive and Gainful Employmentthat include representatives <strong>of</strong> informal enterprises,informal workers, <strong>the</strong> private sector, andgovernment. In <strong>the</strong> Philippines, local developmentcouncils are mandated on <strong>the</strong> regional,provincial, municipal and village-level wheredifferent interest groups, including registered andaccredited local organisations, are represented.167

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