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Right to Work and Rights at Work

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A primary guiding text on the right to work and rights at work is the International Covenant on Economic, Social and Cultural Rights which states, in pertinent part,:

Article 6:

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7:

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular:

(a) remuneration which provides all workers, as a minimum with:

(i) fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) a decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d) rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

Article 8:

1. The States Parties to the present Covenant undertake to ensure:

(a) the right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedom of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.

An excellent resource on this right is Module 10 of Circle of Rights on “The Right to Work and Rights at Work”.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to work and rights at work. States are obligated to ensure the right to:

  1. gain his or her living by work;
  2. work that he or she freely chooses or accepts;
  3. right to productive work;
  4. just and favorable remuneration;
  5. fair wages and equal remuneration for equal work of equal value;
  6. dignified, safe and healthy working conditions;
  7. rest and leisure, reasonable working hours and periodic holidays with pay;
  8. right to form and join trade unions;
  9. right of trade unions to organize; and
  10. technical and vocational education made freely available.


One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to work and rights at work is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to Work and Rights at Work Dossier

Potential Right to Work Violations

One common misconception surrounding the right to work is that, when it is fully realized, everyone has a job. To the contrary, the right to work and its associated provisions do not require that the State provides everyone with a job. But, the State must meet the non-derogable core obligations of the right in line with its generic obligations under the International Covenant on Economic, Social and Cultural Rights.

In this regard, for example, the State must align its macroeconomic policies and relationships to promote and protect the right to work and rights at work. Between 1978 and 1995, unemployment rose in 72% of the countries on which the International Labour Organisation (ILO) tracked and published statistics during the years that they received funding from the International Monetary Fund.

Key Right to Work Developments and Sample Best Practices

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to work and rights at work:

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