UN Position Paper on Labor Code

Summary:

Labour legislation is vital in achieving a balanced development of both economic efficiency and the well-being of the population as a whole. Reform of the Labour Code must therefore remain a key priority.

• Labour law reform must be guided by ILO Conventions and the relevant directives of the EU Association Agreement and based on the principle of social dialogue and tripartism.

• The fundamental rights of workers to join organizations of their choosing and of collective bargaining must be guaranteed. Pre-eminence must be given to trade unions and their prerogatives.

• Legal pathways for labour disputes should be provided and worker’s challenges to their employment status simplified.

• Employment relationships should be primarily defined by the facts relating to the performance of work and the remuneration of the worker.

• Principles on prohibition of discrimination and the promotion of gender equality must be enshrined and reinforced by legal tools to ensure effective implementation.

• Grounds that shall not constitute valid reasons for termination of employment must be clearly indicated and complimented by procedural safeguards and impartial processes for appeal.

• The mandate of the labour inspectorate requires strengthening and needs to include all fundamental principles and rights at work.