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[DRAFT #2b] [TIN'S GA#527 REPLACEMENT] Employee Rights

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Tinhampton
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[DRAFT #2b] [TIN'S GA#527 REPLACEMENT] Employee Rights

Postby Tinhampton » Sat May 01, 2021 11:40 am

Character count: 4,976
Word count: 796
Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: Yes - I know for a fact that workers should be celebrated, Bianca told me they should!

OOC: This proposal is heavily influenced by GA#491 "Rights of the employed," which I co-authored with The Greater Soviet North America (TGSNA) - hence why I have cited him as a co-author here. TGSNA looked at this proposal before I submitted it here, was supportive of this and did not accuse me of plagiarising GA#491. TGSNA will shortly post here offering his thoughts and publicly clarifying that I have his permission to do this.
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Employee Rights
A resolution to reduce income inequality and increase basic welfare.
Category: Social Justice
Strength: Strong
Proposed by: Tinhampton

Co-authored with The Greater Soviet North America.

Believing that employees should be able to assert and benefit from the rights guaranteed to them, while at work and sincerely unable to work, by international law, and

Noting that many of the below protections were protected by GA#491 "Rights of the employed" before it was repealed due to shortcomings in its provisions on breastfeeding and parental leave...

The General Assembly hereby enacts as follows.
  1. Definitions: In this resolution:
    1. "employees" includes only:
      • all individuals who currently have a contract of any length with an employer which entails carrying out particular tasks for that employer with the expectation of a regular tangible reward (including those individuals who are currently shadowing workers or are working as interns for that employer), and
      • all individuals who currently work for their own business, are responsible for that business, and have the flexibility to determine the kind, duration, length and location of the tasks they carry out for it,
    2. "paid leave" means time off work during which an employee must receive between 80% and 100% of their expected wage from their employer (as determined by the government of the member state where that employer resides), and which that employee can automatically claim only by informing their employer in advance that they will do so, and
    3. "time to breastfeed" means those accommodations defined in Article h.
  2. Applicability: This resolution applies to all employees in all member states, except for Article c (which also applies to non-employees seeking to become an employee) and Article h (which applies only to employees of lactating species such as humans and cows).
  3. Non-discrimination in employment: No employer in a member state may refuse to employ any person simply because they possess or do not possess any arbitrary and reductive characteristic, are pregnant, have given birth, or (upon being employed) would be entitled to seek time to breastfeed.
  4. Non-discrimination at work: Subject to prior and standing international law and future international law on preventing the mistreatment of employees with disabilities, employees shall enjoy protection from dismissal, suspension, discrimination, and being paid inferior wages as a result of being pregnant, giving birth, seeking or claiming time to breastfeed, claiming any paid leave described in Article e, or possessing or not possessing any arbitrary and reductive characteristic.
  5. Parental, sick, and bereavement leave: Subject to Article f, employees have the right to claim:
    1. at least a quarter of a year of paid leave after they or a person they are in a legally-recognised partnership (such as a marriage or civil union) with gives birth or adopts a child who they must look after,
    2. at least a twelfth of a year of paid leave if they are injured, sufficiently ill that they cannot work, or required to look after someone in their household who is similarly ill,
    3. paid leave for the duration of their being quarantined after contracting a serious disease, where such quarantining is legally required and makes them completely unable to discharge their duties as an employee (such as installing scaffolding or paving roads), and
    4. at least a thirtieth of a year of paid leave after they have suffered a personal tragedy (including miscarriage, stillbirth, or the death of a close family member).
  6. Caps on paid leave: Employees on a time-bound contract may only claim any form of paid leave described in Article e for no longer than one-fifth of the length of their most recently agreed such contract.
  7. Funding paid leave: All employers in member states may request that the government of the member state they reside in fund that paid leave described in Article e; that government must accept all such requests where non-frivolous.
  8. Time to breastfeed: Employees who cannot avoid breastfeeding their children at work shall be entitled to a period of their working day reserved for breastfeeding. This period shall be equal to one-eighth of their working day, may be divided into up to three equal periods, and must be guaranteed for a year after the end of their parental leave as defined in Article e(i).
  9. Recommendations for employers: Employers are encouraged to:
    1. provide a private, safe, hygienic and ventilated room for breastfeeding purposes for their employees who are entitled to time to breastfeed, if and where this is possible,
    2. grant paid leave under Article e(ii) only for as long as is necessary for an employee or someone in their household to recover from illness,
    3. fund that paid leave described in Article e where this will not cause financial distress for them, and to
    4. inform their employees about this resolution's provisions.
Last edited by Tinhampton on Thu May 06, 2021 7:34 am, edited 7 times in total.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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Tinhampton
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Postby Tinhampton » Sat May 01, 2021 11:41 am

PREVIOUS DRAFTS

Draft 1 (4,997 characters; 789 words)
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Employee Rights
A resolution to reduce income inequality and increase basic welfare.
Category: Social Justice
Strength: Strong
Proposed by: Tinhampton

Co-authored with The Greater Soviet North America.

Believing that employees should be able to assert and benefit from the rights guaranteed to them, while at work and sincerely unable to work, by international law, and

Noting that many of the below protections were guaranteed by GA#491 "Rights of the employed" before it was repealed due to shortcomings in its provisions on breastfeeding and parental leave...

The General Assembly hereby enacts as follows.
  1. Definitions: In this resolution:
    1. a "worker" is an individual who currently has a contract of any length with an employer which entails carrying out particular tasks for that employer with the expectation of a regular tangible reward, including those individuals who are currently shadowing workers or are working as interns for that employer,
    2. a "self-employed person" is an individual who currently works for their own business, is responsible for that business, and has the flexibility to determine the kind, duration, length and location of the tasks they carry out for it,
    3. "employees" includes all workers and all self-employed people only,
    4. "paid leave" means time off work during which an employee must receive their full expected wage from their employer, and which that employee can automatically claim only by informing their employer in advance that they will do so, and
    5. "time to breastfeed" means those accommodations defined in Article i.
  2. Applicability: This resolution applies to all employees in all member states, except for Article c (which also applies to non-employees seeking to become an employee) and Article i (which applies only to employees of lactating species such as humans and cows).
  3. Non-discrimination in employment: No employer in a member state may refuse to employ any person simply because that person possesses or does not possess any arbitrary and reductive characteristic, is pregnant, has given birth, or (upon being employed) would be entitled to seek time to breastfeed.
  4. Non-discrimination at work: Subject to prior and standing international law and future international law on preventing the mistreatment of employees with disabilities, employees shall enjoy protection from:
    1. dismissal, suspension, discrimination, and being paid inferior wages as a result of being pregnant, giving birth, seeking or claiming time to breastfeed, claiming any paid leave described in Articles e, f, and g, or possessing or not possessing any arbitrary and reductive characteristic, and
    2. hostile, offensive or intimidating behavior (including sexual harassment, domestic violence, and other unwanted approaches) as a condition or consequence of becoming or remaining employed.
  5. Parental leave: Employees have the right to claim at least a quarter of a year of paid leave after they give birth, they adopt a child who they must look after, or a person they are in a legally-recognised partnership (such as a marriage or civil union) with gives birth or adopts such a child.
  6. Sick leave: Employees have the right to claim:
    1. at least an eighth of a year of paid leave if they are injured, sufficiently ill that they cannot work, or required to look after someone in their household who is similarly ill, and
    2. paid leave for the duration of their being quarantined after contracting a serious disease, where such quarantining is legally required and makes them completely unable to discharge their duties as an employee (such as installing scaffolding or paving roads).
  7. Bereavement leave: Employees have the right to claim at least a thirtieth of a year of paid leave after they have suffered a personal tragedy (including miscarriage, stillbirth, or the death of a close family member).
  8. Funding paid leave: Employers shall fund that paid leave described in Articles e, f, and g. However, if they can show to the government of the member state they reside in that they cannot in practice fund such paid leave for any of their employees without disbanding or otherwise suffering financial distress, that government shall instead fund it.
  9. Time to breastfeed: Employees who cannot avoid breastfeeding their children at work shall be entitled to a period of their working day reserved for breastfeeding. This period shall be equal to one-eighth of their working day, may be divided into up to three equal periods, and must be guaranteed for a year after the end of their parental leave as defined in Article e.
  10. Recommendations for employers: Employers are encouraged to:
    1. provide a private, safe, hygienic and ventilated room for breastfeeding purposes for their employees who are entitled to time to breastfeed, if and where this is possible,
    2. promulgate fair and effective policies on harassment at work, and to
    3. inform their employees about this resolution's provisions.
Last edited by Tinhampton on Tue May 04, 2021 1:41 pm, edited 1 time in total.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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The Greater Soviet North America
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Postby The Greater Soviet North America » Sat May 01, 2021 2:28 pm

You have my permission to do this.

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Daarwyrth
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Postby Daarwyrth » Sat May 01, 2021 2:40 pm

Dame Maria vyn Nysen: "It seems our delegation should make haste with our repeal of GAR #527 "Protected Working Leave". We are pleased to see that "paid leave" has a less ambiguous and vague wording in your draft proposal, Delegate-Ambassador. We will gladly support this legislation once it comes to a vote."
The Royal State of Daarwyrth

Leader: Queen Demi Maria I | Capital: Daarsted | Government type: Unitary parliamentary semi-constitutional monarchy | Technology level: Post-Modern Tech


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Tinhampton
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Postby Tinhampton » Sat May 01, 2021 2:51 pm

Delegate-Ambassador Smith: Thank goodness...
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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Daarwyrth
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Postby Daarwyrth » Sat May 01, 2021 2:53 pm

Tinhampton wrote:Delegate-Ambassador Smith: Thank goodness...

"Quite so, Delegate-Ambassador."
The Royal State of Daarwyrth

Leader: Queen Demi Maria I | Capital: Daarsted | Government type: Unitary parliamentary semi-constitutional monarchy | Technology level: Post-Modern Tech


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Great Algerstonia
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Postby Great Algerstonia » Sat May 01, 2021 3:44 pm

"This proposal could benefit on a section for paid time off if an employee suffers an injury. I also feel like the sick leave portion gives far too much time off work."

~Admiral-Ambassador Alec Ainsworth.
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Tinhampton
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Postby Tinhampton » Sat May 01, 2021 4:02 pm

D-A Smith: Thankee, Admiral-Ambassador Ainsworth - Article f(i) sick pay tentatively cut by 50% to an eighth and conditionality expanded.

(OOC: Statutory Sick Pay in the United Kingdom is 28 weeks :P)
Last edited by Tinhampton on Sat May 01, 2021 4:02 pm, edited 1 time in total.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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Tinhampton
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Postby Tinhampton » Sun May 02, 2021 7:21 am

Some changes have been made - mostly to disclaim Article d in the event that GA#540 "Supporting People with Disabilities" is ever repealed and to change Article d(ii)'s provisions on intimidating behaviour "as a condition of becoming or remaining employed, or otherwise in the course of their employment" to those relating to such behaviour "as a condition or consequence of becoming or remaining employed." References to "request"ing paid leave are now referenced to "claim"ing paid leave to avoid confusion on the demand side.

Any more thoughts would of course be welcomed
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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Bananaistan
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Postby Bananaistan » Sun May 02, 2021 3:52 pm

"Opposed. Giving people a month and a half off for a dose of the common cold is anti-socialist.

"Also clause h is anti-solidarity. If a member state runs a proper social insurance scheme into which all employers pay, they are fully entitled to permit all employers draw out of it, the WA should not be in the business of penalising successful businesses.

"Also blanket full pay is excessive.

"Generally, the WA should not be in the business of micromanaging labour law. The best it can possibly do is a one size fits nobody policy."
Last edited by Bananaistan on Sun May 02, 2021 3:54 pm, edited 2 times in total.
Delegation of the People's Republic of Bananaistan to the World Assembly
Head of delegation and the Permanent Representative: Comrade Ambassador Theodorus "Ted" Hornwood
General Assistant and Head of Security: Comrade Watchman Brian of Tarth
There was the Pope and John F. Kennedy and Jack Charlton and the three of them were staring me in the face.
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Tinhampton
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Postby Tinhampton » Tue May 04, 2021 7:48 am

Daarwyrth has recently submitted his repeal of Protected Working Leave, which (assuming that my proposal in queue is not ruled illegal) will either pass or fail at the start of major update on Sunday 16th May. I will therefore submit this no earlier than minor update on 16th May.

Banana's comments have been noted :P
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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Ardiveds
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Postby Ardiveds » Tue May 04, 2021 8:05 am

OOC: Considering all these apply to contract workers as well, it's interesting to think someone entering a contract for 8 month work, having a child and taking a 3 month paid leave.....
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Nondenominational Christian Commonwealth
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Postby Nondenominational Christian Commonwealth » Tue May 04, 2021 9:31 am

This looks like a great proposal. Vagueness leads to a nation's own interpretation so the resolution does nothing. I will be going back to my nation's legislature to convince them to support the repeal as well as your bill.

- Prime Minister Wade
Prime Minister and President of the Government of Nondenominational Christian Commonwealth

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Bananaistan
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Postby Bananaistan » Tue May 04, 2021 12:30 pm

OOC: Comments being noted but nothing done on foot of them is pointless. Ignore if you wish but these are strong repeal hooks.
Delegation of the People's Republic of Bananaistan to the World Assembly
Head of delegation and the Permanent Representative: Comrade Ambassador Theodorus "Ted" Hornwood
General Assistant and Head of Security: Comrade Watchman Brian of Tarth
There was the Pope and John F. Kennedy and Jack Charlton and the three of them were staring me in the face.
Ideological Bulwark #281

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Tinhampton
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Postby Tinhampton » Tue May 04, 2021 2:02 pm

Smith: On further consideration, I have decided to incorporate the feedback given by Comrade Ted. Draft 2 is now up; we have unfortunately had to sacrifice the provisions on protection from harassment that once constituted Articles d(ii) and j(ii). I intend to confer with Ambassador Mínguez from The Greater Soviet North America about this proposal soon.

OOC: On further consideration, I have decided to incorporate the feedback given by Banana and Ardiveds. Draft 2 is now up; I have unfortunately had to sacrifice the provisions on protection from harassment that once constituted Articles d(ii) and j(ii). I intend to confer with TGSNA tomorrow about this proposal.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY

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Bananaistan
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Civil Rights Lovefest

Postby Bananaistan » Tue May 04, 2021 3:41 pm

OOC: It's still a micromanagement mess.

G ignores what social insurance actually is. It also fails to take account of the many different possible economic systems that are plausible IRL never mind in fictional nations. EG a completely communist country or a completely capitalist country would have no reason for a government to foot these requests.

Blanket 80% to 100% pay is excessive still. Why should the state foot the bill for executive's time off? It's not unreasonable to have a cap, EG it used to be the case in Ireland that employees only make social insurance contributions up to a certain income limit, something like €50k at the time the whole thing was rejigged in 2008 in order to squeeze more money out of people in order to give it to gamblers in banks in other countries. Up to the annual cap excluding the first £100 per week, you paid 4%. The point was that no matter what you earned before, if you claimed any of these benefits, they were flat rate.

e(ii) has the same problem as before. The point is not the specific arbitrary length of time per se. Any more time off other than the time it takes to recover from illness or injury is excessive.

f is a problem too. What about roll-over or renewed contracts? Some employee might be on their third or fourth contract. They should not be discriminated against.

This just illustrates why technical details of employment rights are not a suitable subject for GA resolutions.
Delegation of the People's Republic of Bananaistan to the World Assembly
Head of delegation and the Permanent Representative: Comrade Ambassador Theodorus "Ted" Hornwood
General Assistant and Head of Security: Comrade Watchman Brian of Tarth
There was the Pope and John F. Kennedy and Jack Charlton and the three of them were staring me in the face.
Ideological Bulwark #281

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Tinhampton
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Postby Tinhampton » Thu May 06, 2021 3:58 pm

Banana's post above has been largely acknowledged in Draft 2b. I continue to seek realistically universalisable solutions to the funding of paid leave.

In light of recent circumstances, this will now not be submitted before May 31st 2021.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading 21 Lessons for the 21st Century by Yuval Noah Harari

I STAND WITH PAM DUNCAN-GLANCY


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