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European Social Charter
The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.Carole Benelhocine, ''The European Social Charter'' (Council of Europe, 2012) pp77-78 Contents The Charter was established to support the European Convention on Human Rights which is principally for civil and political rights, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guarantees positive rights and freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows: housing, health, education, labour rights, full employment, reduction of working hours equal pay for equal work, parental leave, social security, social and legal protection from poverty and social exclusion, free ...
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Social Chapter
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination law, anti-discrimination regulations, (3) rights to ...
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Parental Leave
Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for their own children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law. Unpaid parental or family leave is provided when an employer is required to hold an employee's job while that employee is taking leave. Paid parental or family leave provides paid time off work to care for or make arrangements for the welfare of a child or dependent family member. The three most common models of funding are government-mandated social insurance/social security (where employees, employers, or taxpayers in general contribute to a specific publ ...
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Work Councils
A works council is a shop-floor organization representing workers that functions as a local/firm-level complement to trade unions but is independent of these at least in some countries. Works councils exist with different names in a variety of related forms in a number of European countries, including Great Britain (''joint consultative committee'' or ''employees’ council''); Germany and Austria (''Betriebsrat''); Luxembourg (''comité mixte'', ''délégation du personnel''); the Netherlands (''Dienstcommissie, Ondernemingsraad'') and Flanders in Belgium (''ondernemingsraad''); Italy (''comitato aziendale''); France (''comité social et économique''); Wallonia in Belgium (''conseil d'entreprise''), Spain (''comité de empresa'') and Denmark (''Samarbejdsudvalg'' or ''SU''). One of the most commonly examined (and arguably most successful) implementations of this institution is found in Germany. The model is basically as follows: general labour agreements are made at the nationa ...
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Board Of Directors
A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulations (including the jurisdiction's corporate law) and the organization's own constitution and by-laws. These authorities may specify the number of members of the board, how they are to be chosen, and how often they are to meet. In an organization with voting members, the board is accountable to, and may be subordinate to, the organization's full membership, which usually elect the members of the board. In a stock corporation, non-executive directors are elected by the shareholders, and the board has ultimate responsibility for the management of the corporation. In nations with codetermination (such as Germany and Sweden), the workers of a corporation elect a set fraction of the board's members. The board of directors appoints the ch ...
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Codetermination
Worker representation on corporate boards of directors, also known as board-level employee representation (BLER), refers to the right of workers to vote for representatives on a board of directors in corporate law. In 2018, a majority of Organisation for Economic Co-operation and Development, and a majority of countries in the European Union, had some form of law guaranteeing the right of workers to vote for board representation. Together with a right to elect work councils, this is often called codetermination. The first laws requiring worker voting rights include the Oxford University Act 1854 and the Port of London Act 1908 in the United Kingdom, the Act on Manufacturing Companies of 1919 in Massachusetts in the United States (although the act's provisions were completely voluntary), and the Supervisory Board Act 1922 (''Aufsichtsratgesetz 1922'') in Germany, which codified collective agreement from 1918 and expanded it in the Mitbestimmungsgesetz, 1976 Mitbestimmungsgesetz. Over ...
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Freedoms
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom has been described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion in society, such as economic compulsion. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech such as social conformity, consistency, or inauthen ...
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Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ...
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Disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, developmental, Intellectual disability, intellectual, mental disorder#Disability, mental, physical disability, physical, Sense, sensory, or a combination of multiple factors. Disabilities can be Birth defect, present from birth or can be acquired during a person's lifetime. Historically, disabilities have only been recognized based on a narrow set of criteria—however, disabilities are not binary and can be present in unique characteristics depending on the individual. A disability may be readily visible, or Invisible disability, invisible in nature. The United Nations Convention on the Rights of Persons with Disabilities defines disability as including: Disabilities have been perceived differently throughout history, through a variety of ...
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Migrant Workers
A migrant worker is a person who Human migration, migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work. Migrant workers who work outside their home country are also called foreign workers. They may also be called expatriates or guest workers, especially when they have been sent for or invited to work in the host country before leaving the home country. The International Labour Organization estimated in 2019 that there were 169 million international migrants worldwide. Some countries have millions of migrant workers. Some migrant workers are undocumented immigrants or slaves. Definition The International Organization for Migration's Global Migration Data Analysis Centre states that "there is no internationally accepted statistics, statistical definition of labour migration", but refers to the International Labour Organization (ILO)'s definition: "internati ...
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Non-discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called reve ...
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Freedom Of Movement
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' (2014), p. 73: "Freedom of movement within a country encompasses both the right to travel freely within the territory of the State and the right to relocate oneself and to choose one's place of residence". and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.Kees Groenendijk, Elspeth Guild, and Sergio Carrera, ''Illiberal Liberal States: Immigration, Citizenship and Integration in the EU'' (2013), p. 206: "[F]reedom of movement did not only amount to the right to travel freely, to take up residence and to work, but also involved the enjoyment of a legal status characterised by security of residence, the right to family reunification and the rig ...
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Social Exclusion
Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the European Commission defines it as ''"a situation whereby a person is prevented (or excluded) from contributing to and benefiting from economic and social progress"''. It is used across disciplines including education, sociology, psychology, healthcare, politics and economics. Social exclusion is the process in which individuals are blocked from (or denied full access to) various rights, opportunities and resources that are normally available to members of a different group, and which are fundamental to social integration and observance of human rights within that particular group (e.g. due process). Alienation or disenfranchisement resulting from social exclusion can be connected to a person's social class, race, skin color, religious aff ...
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