WageIndicator Foundation and Centre for Labour Research (2020), Labour Right Index 2020. Amsterdam, WageIndicator Foundation, October 2020
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ABSTRACT
The Labour Rights Index measures major aspects of labour law that affect a worker during the employment life cycle in 115 countries. The Labour Rights Index covers 10 topics/indicators and 46 evaluation criteria. All of these are based on substantive elements of the Decent Work Agenda. The criteria are all grounded in UDHR, five UN Conventions, five ILO Declarations, 35 ILO Conventions, and four ILO Recommendations. The Labour Rights Index is based on more than a decade of research by WageIndicator and the Centre for Labour Research. More than 30 team members have contributed to the Index by providing relevant data informing various indicators under the Index.
The Labour Rights Index, while one of the many de jure indices, is arguably the most comprehensive one yet[1], as it encompasses every aspect of the working lifespan of a worker and identifies the presence of labour rights, or lack thereof, in national legal systems worldwide. The Index measures decent work and provides detailed information on rights at work as well as the local legal framework for regulating the labour market.[2]
The Labour Rights Index is a wide-ranging assessment of the labour market regulations in 115 countries. It focuses on de jure (according to law) aspects of the labour market. The focus on implementation and actual practice is limited. The report scores 115 economies on 10 areas of labour market regulation. These are referred to as indicators. There is no other comparable project in terms of scope. The Index sheds light on a range of differences in laws/regulations on 46 topics across 115 countries.
While grounded in SDG 8[3], the Labour Rights Index is a tool essentially directed at governments and international organizations. And even though the underlying document for this Index, i.e., the Decent Work Check, is aimed mainly at workers and trade unions, the Index targets national level organizations like government agencies, trade union federations and multilateral organizations such as the United Nations. This Index measures all labour right protections that have been referred to in Target 8.8.[4]
The Labour Rights Index emphasizes the importance of a well-functioning legal and regulatory system in creating enabling conditions for achievement of Decent Work. As a corollary, it lays bare the adverse impact of lack of regulation or inadequate regulation on the smooth functioning of (a) labour market(s). As an international qualification standard, the primary focus of the Labour Rights Index on larger administrative bodies does not limit its usability for actors at multiple levels. National scores can be used as starting points of negotiations and reforms by civil society organizations. Ratings can be made prerequisites for international socio-economic agreements to ensure compliance with labour standards, similar to EU's GSP+ and USA’s GSP which require compliance in law and practice with specific labour standards in order to avail certain trade benefits through reduced tariffs. The Index provides meaningful input into policy discussions to improve labour market protections at country level.
The Labour Rights Index is also a useful benchmarking tool that can be used in stimulating policy debate as it can help in exposing challenges and identifying best practices. The Index provides meaningful input into policy discussions to improve labour market protections at country level. The Labour Rights Index is a repository of “objective and actionable” data on labour market regulation along with the best practices which can be used by countries worldwide to initiate necessary reforms. The comparative tool can also be used by Labour Ministries for finding best practices within their own regions and around the world.
The Labour Rights Index can work as an efficient aid for workers as well to gauge the labour rights protections in laws across countries. With increased internet use, availability of reliable and objective legal rights information is the first step towards compliance. The Labour Rights Index helps in achieving that step. The Index is similarly useful for national and transnational employers to gauge their statutory obligations in different workplaces and legal settings.
It can be used as a benchmarking tool for policy making. While the Index does not promote “legislative transplants”, it shows the international recommended standard, based on UN or ILO Conventions and Recommendations. Similarly, the Index does not advocate the idea of “one size fits all”; rather countries may provide certain rights through statutory means or allow negotiation between the parties at a collective level.
[1] A 2014 UN report provides an inventory of 101 composite measures of well-being and progress, covering a broad range of themes from governance to gender disparity and poverty to economic progress. http://hdr.undp.org/en/content/inventory-composite-measures-human-progress
[2] The Labour Rights Index 2020 is based on national labour legislation, applicable on 01 January 2020. It does not take into account COVID-19 related labour market measures.
[3] Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
[4] Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.