Work (Right to) and Workers’ Rights

Primary tabs

Mrs. Dobson was a community nurse employed by North Cumbria Integrated Care working two days a week. As a mother of three children, two of whom have disabilities, Mrs. Dobson relied on the ability to have a fixed work schedule. From 2008 to 2016 Mrs. Dobson maintained a 15-hour work week over a period of two fixed days without issue. In 2013 Mrs. Dobson’s employer first asked Mrs. Dobson to work the occasional weekend, but after explaining her family dynamic and work that she needed to complete at home the issue was dropped.

The Constitutional Court accumulated 19 cases involving women who, at the time of the events in question, were pregnant, lactating, or on maternity leave, and worked in various positions in the public sector governed by the Organic Law of Public Service (LOSEP). The Court addresses the violation of pregnant and lactating women’s rights and provides further protections by formally recognizing the right to care.

Background: On December 11, 1998, an explosion occurred in a fireworks factory in Santo Antônio de Jesus, Brazil. The factory consisted of a set of tents located in paddocks with shared worktables. As a result of the explosion, 60 people died and six were injured. Among those who lost their lives were 59 women, 19 of whom were girls, and one boy. Among the survivors were three adult women, two boys and one girl. Four of the deceased women were pregnant; one of them was able to give birth before dying.

At the time of her death, the deceased, Maria Mahlangu, was a domestic worker in a private home in South Africa. Ms. Mahlangu’s daughter and grandchild were financially dependent upon her at the time of her death. Ms. Mahlangu’s daughter asked the Department of Labour for help in the form of compensation under the Compensation for Occupational Injuries and Diseases Act (COIDA) or unemployment insurance benefits. The Department of Labour denied both because Ms.

Anil Kumar Mahajan joined the Indian Administrative Service (IAS) in 1977, starting a career in which he was subjected to multiple suspensions and, ultimate, forcible retirement in connection with a mental health disability. He was placed under suspension from February 17-24, 1988. From February 24, 1988 until February 24, 1990, he was suspended a second time. He was placed under a third suspension on May 20, 1993, subjected to official inquiries, and ordered to appear before a Medical Board.

Nevsun Resources Ltd. (Nevsun), a corporation incorporated in British Columbia that owns 60% of the Bisha Mining Share Company, appealed from the Court of Appeal’s agreement with the Chambers Judge to dismiss Nevsun’s motion to strike the pleadings. Nevsun was sued in a class action made up of more than 1,000 individuals who claimed they were forced to work at the Bisha Mining Share Company’s mine between 2008 and 2012.

The plaintiff in this case is a man whose unemployment benefits were reduced first by 30% and then by 60% when he declined a proposed employer and later failed to accept a training and trial placement in another role. The man objected to the reductions unsuccessfully, and filed suit in the Social Court. Before rendering a decision, the Social Court stayed the proceedings in order to obtain judicial review from the Federal Constitutional Court (FCC) as to whether or not the sanctions scheme in question is in compliance with the Basic Law.

In 2005, Germany began the fourth stage of a program aimed at reducing the costs of the country’s social welfare system, an initiative named after its chief architect, Volkswagen personnel director, Peter Hartz. Hartz IV merged unemployment and welfare benefits, fixing the standard benefit for single people living in old West German states (including East Berlin) at 345 Euros per month. This amount was determined based on a statistical survey of income and expenditure of lower income groups. Benefits for other household members were determined as a percentage of 345 Euros.

In 1998, Congress approved Amendment 20 to the Brazilian Federal Constitution of 1988, thereby altering the country’s social security system. The amendment imposed a ceiling of R$1200 on social security benefits per beneficiary. On its face, the R$1200 maximum purported to apply neutrally to several benefits categories, including with respect to pregnancy-related leave.

UN Committee on ESCR addresses the impact of unpaid care work on women’s social security access

Marcia Cecilia Trujillo Calero made 29 years’ worth of retirement contributions to the Ecuadorian Institute of Social Security (IESS). Of the 305 contributions she made, approximately half were voluntary contributions made from 1981 through 1995, when she was an unpaid care worker at home, caring for her three children. During an eight-month period starting in 1989, Ms. Trujillo paused her voluntary payments, though she retroactively paid them in full in April 1990. Afterward, Ms.