[Abandoned] Declaration of Working Freedoms

[Cretox State]

"While Marxist Germany's proposed repeal of GAR#491 "Rights of the Employed" appears promising, we could not help but notice the lack of a potential replacement. Therefore, we have prepared a rough draft of such. Any feedback, especially regarding duplication and definitions, is always welcome."

OOC: This has been abandoned in favor of narrower-scope proposals that more effectively cover what this one attempts to.

Declaration of Working Freedoms

Category: Regulation
Area of Effect: Labor Rights

The World Assembly,

Recognizing the importance of ensuring the protection of workers’ rights;

Commending the now-repealed GAR#491 "Rights of the Employed" for enumerating several such rights;

Wishing to provide a suitable replacement for the aforementioned resolution, and expand on its principles, hereby:

1. Defines for the purposes of this resolution:
   
   1. A “worker” as any legally recognized person currently hired for a wage, salary, fee or payment to perform work or services for an employer, including those who set their own working hours;
   2. An “employee” as any worker bound by a contract to perform work or services for an employer, whose employment contract mandates the work or services be performed specifically by that worker, involves an obligation for the worker to perform work and the employer to provide it, and implies the employer having some degree of control over the manner in which the work is performed;
2. Clarifies that:
   
   1. A worker is not considered an employee if said worker may, without penalty by their employer, refuse any given offer of work by the employer;
   2. An employment contract may be explicitly agreed upon in writing or orally, or may be implicit in the nature of the relationship between the worker and employer;
3. Declares that all workers in member-nations shall enjoy protection from discrimination, suspension, dismissal, payment reduction, denial of work, hiring discrimination, and pay discrimination, on the grounds of or as a result of:
   
   1. Gender identity, sexual identity, or gender;
   2. Childbirth or claiming parental (including adoption) leave;
   3. Breastfeeding, being of childbearing age, or potentially needing to breastfeed as a result of childbirth or adoption;
4. Clarifies that the above conditions may be considered when hiring, suspending, denying work to, or dismissing a worker, so long as said conditions severely and undeniably impede the worker's ability to perform the work they are being or have been hired to perform, and are not the sole reason for hiring, suspending, denying work to, or dismissing said worker;
5. Declares that all workers in member-nations shall enjoy protection from retaliation by their employer for participating in a trial, tribunal, or other legal action with the goal of enforcing the rights enumerated in this resolution;
6. Asserts that every employee in member-nations shall enjoy:
   
   1. The right to claim at least eight weeks of leave, during the time of their choosing, upon childbirth or the adoption of a child who requires special caregiver attention, for the duration of which the employee must receive their full expected monetary compensation for work, in addition to any other benefits granted by their employer for work;
   2. Clarifies that said leave must only be provided if it is not unreasonable to do so considering the nature of the employment;
   3. Further clarifies that said monetary compensation includes compensation for lost working opportunities, consistent with the monetary reward normally earned in the course of said opportunities;
   4. A private, hygienic, ventilated, and safe area in the workplace to be used for the purposes of breastfeeding, and a reasonable period of the working day set aside for breastfeeding, if the employee requires such, and if providing such does not place an unreasonable burden on the employer;
7. Mandates that employees be granted by their employer a minimum of two months' notice prior to dismissal, so long as such notice can be reasonably expected, and that employees provide their employer a minimum of two months' notice prior to exiting their current employment, so long as such notice can be reasonably expected;
8. Encourages member-nations to continue expanding the scope of workers’ rights and increasing the fairness and transparency of employers' practices with regards to workers.

[Araraukar]

OOC: Will have more comments later, but what on earth is "breastfeeding age"? I think you mean "childbearing age"?

EDIT: Also, clause 6.a. is really hard to follow, clause 5.a. would make police, guard, bodyguard and many military jobs impossible, and clause 7 - does that apply even when the work they're contracted to do, say, a research project, lasts less than 2 months? Same goes for the 8 weeks in clause 6.

[Cretox State]

OOC: Will have more comments later, but what on earth is "breastfeeding age"? I think you mean "childbearing age"?

EDIT: Also, clause 6.a. is really hard to follow, clause 5.a. would make police, guard, bodyguard and many military jobs impossible, and clause 7 - does that apply even when the work they're contracted to do, say, a research project, lasts less than 2 months? Same goes for the 8 weeks in clause 6.

OOC: Should be better now. I didn't really like clause 5.a to begin with.

[Cretox State]

OOC: Bumping this, given that Marxist Germany intends to move forward with submitting their repeal. Also changed the name.

[Tinhampton]

Assistant Bianca Venkman: Your new title's cringe, you're missing a bullet point between Articles 4 and 5, you cite "hiring discrimination and pay discrimination" as separate from discrimination, and I don't know what a "working opportunity is." Likely against for now.

[Kenmoria]

“With regards to clause 3, I will cite GA #035: ‘except for compelling practical purposes, such as hiring only female staff to work with battered women who have sought refuge from their abusers’. Why do you not have a similar exemption? I acknowledge that 35 is very loosely-worded in this regard, but I think the idea of compelling practical purposes should be upheld.”

[Araraukar]

OOC: The clarifications make the definitions really muddled, now. Especially the non-expicit contract - if it's generally understood that the worker may not turn down work (and so count as employee), but there's no contract saying they can't, then do they count as a worker or an employee?

Why do you need to make any separation between the two anyway?

[Cretox State]

“Now that I think about it, this is a really nice desk. What was that? Oh, of course. How could I forget?

First order of business: the genius who came up with the new title just got a free Capitol Balcony Skydiving lesson. So that’s nice.

Second order of business: earlier today, a group of surprisingly athletic World Assembly ambassadors broke in through the window and carried off my predecessor. As a result, I am hereby announcing that this proposal will be scrapped, and replaced with a series of more focused legislation that can actually accomplish the goals of this one. Such legislation will include parental leave, breastfeeding, freedom from retaliation, etc. I am not under duress; all is well!”