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[DRAFT] National Workplace Act

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Montecrux
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Founded: Oct 15, 2020
Inoffensive Centrist Democracy

[DRAFT] National Workplace Act

Postby Montecrux » Wed Nov 13, 2024 5:15 pm

Hello, GA nations, this is my first time submitting a draft for the WA, and I don't know how many non-written (or not-found) rules on drafting or proposing I can possibly break. My nation's main goal with this proposal is to set the bases for a state-led program against unemployment, originally inspired in the idea of the Ateliers Nationaux, or National Workplaces, from French. I do accept any kind of suggestions, and I would be glad to learn more, so that I can be able to learn more about this (also, if somebody knows of more WA that could be interesting following this subject, please tell me!):

The General Assembly,

Recognising the right to work as a fundamental human right,

Observing the high number of unemployed persons who are at risk of poverty and social exclusion,

Acknowledging that such a powerful manpower could be used as a cheap, motivated workforce,

Understanding that, if it existed, such an agreement would be extremely beneficial to both the nation and the individual worker, in both relieving the latter economically and collecting laboral experience, and increasing the former’s manpower and powering its industry.

Hereby enacts:

I. Definitions:

1. NW, or National Workplace, a public organism under the supervision of the Work Ministry (or competent organism) of each WA nation, whose purpose is to search empty workplaces (which can vary from manufacturing, public works or renovations) for LUW to be employed in such places.

II. Obligations:

1. To create, or use an existent organism who can be considered as a National Workplace, following this term’s previous definition.

2. To ensure that the citizens of each respective WA nation are able to sign into a NW, independently of their skin colour, age, race, sex, religion or anything that could motivate a legal discrimination of any kind.

3. To assure than this NW will not furnish its employees with unsafe and dangerous work unless agreed by the latter, respecting all security rules enforced by General Assembly Resolution # 7 "Workplace Safety Standards Act" and General Assembly Resolution # 607 "Health and Safety Act".

4. To enforce equality of rights between workers positioned by a NW, and those who aren’t, as the former also have basic worker’s rights like, but not limited to, follow a strike, being part of a labour union or receive an indemnization following a non-precedent firing.

5. To not assign a vacant job to any registered citizen without an official, valid and legal contract.

III. Permissions:

1. That these National Workplaces are not fully public, but can also be funded, organised and/or search for job posts by/in private enterprises, as long as the neutrality of the process can still be verified (from I:1),

2. That these NWs allow only citizens of their respective country to be selective for this process (from II:2)

3. That said characteristics may exclude work-searchers from occupying certain posts, for example, not allowing older workers to be hired as a construction worker, due to lack of strength/exponential danger.

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The Overmind
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Founded: Dec 12, 2022
Authoritarian Democracy

Postby The Overmind » Wed Nov 13, 2024 5:33 pm

Welcome to the General Assembly, and please do not be discouraged by my response. I will give you resources and advice, but generally unfavorable feedback on this particular piece of legislation.

I will say, for the sake of disclosure, that I do not support the proposal in principle.

That said, the most pressing issue is that this proposal is illegal, as it is in violation of the House of Cards rule, which reads:

"House of Cards: No operative proposal clause may depend on a previous resolution in a way that would make the clause nonsensical or inoperative if that previous resolution were repealed."

Stylistically, it does not conform to the standards that currently prevail in the General Assembly, both in terms of formatting and BBC code use. I will provide an example of this from a successful previous proposal here:

Code: Select all
[i]Recognising[/i] the existence of [i][url=https://www.nationstates.net/page=WA_past_resolution/id=17/council=1]WA General Fund[/url][/i], as one of the oldest resolutions passed by this chamber and which has served as an essential charter of the World Assembly's fiscal affairs, establishing the WA General Fund along with an agency to maintain it in the form of the General Accounting Office;

[i]Cognisant[/i], however, that the spending of the hard-earned resources pooled from member nations in the General Fund inherently requires a level of oversight both to prevent the use of shared funds even when a project can be paid for without such use, and the misuse of funds allocated to particular projects;

[i]Noting[/i] that since the creation of the General Fund, many resolutions have allowed member nations to receive monies from the General Fund to conduct various projects, or have them conducted by the World Assembly, resulting in a range of mechanisms specifying when member nations may receive such funds from the two-pronged test of [i][url=https://www.nationstates.net/page=WA_past_resolution/id=97/council=1]Quality in Health Services[/url][/i], to the approval process of [i][url=https://www.nationstates.net/page=WA_past_resolution/id=570/council=1]Disaster Precautions and Responses[/url][/i], to the infamous mandates in [i][url=https://www.nationstates.net/page=WA_past_resolution/id=495/council=1]Supporting and Valuing the Humanities[/url][/i] which led to its repeal five months later;

[i]Believing[/i], for these reasons, that it is necessary to establish a standardised mechanism for when World Assembly funding may be granted and how member nations may use these funds, preventing wasteful spending on either side while allowing legislation to focus on the intricacies of its policy than on reiterating the same language as to funding; and

[i]Desiring[/i], therefore, to establish such a mechanism;

[i]The World Assembly hereby enacts as follows.[/i]

[list=1][*][b]General Fund[/b]: Funds from the WA General Fund shall be used to cover all administrative expenses of the World Assembly, as well as projects of the World Assembly mandated by resolution where an alternative source of funding is not prescribed.

[list=a][*]Except where mandated otherwise by previously enacted, standing resolutions, the General Fund shall not provide monies for any project in a specific member nation if that member nation can reasonably fund the said project without World Assembly funds or otherwise posing a substantial burden to that member nation's economy or finances.


[*]Neither member nations nor the World Assembly may use monies from the General Fund assigned for a specific project or task for any purpose other than the said project or task. Diversion of existing funds may not be used to circumvent this.[/list]


[*][b]Emergency funding[/b]: Except as provided for by standing and previously enacted World Assembly law, in the event that the General Fund is insufficient to cover the operations of the World Assembly as per Section 1, the General Accounting Office shall have the authority to divert General Fund monies to projects of materially greater humanitarian, administrative or environmental importance than the projects from which such monies are diverted. Such diversion shall be with the ultimate goal of maximising the ability of the World Assembly to carry out its mandates.


[*][b]Reporting[/b]: The General Accounting Office, hereinafter GAO, shall annually publish a report detailing the nature and source of all monies held by the World Assembly, whether or not in the General Fund, the extent and nature of all spending using these funds, all investments made or maintained using World Assembly monies, the extent of member nations' contributions to World Assembly funds, and any other relevant information around the World Assembly's financial status. The GAO may redact information from such reports to the extent compelled by personal privacy or national or operational security.


[*][b]Interpretation[/b]: Section headings do not alter the meaning or interpretation of this resolution. Should a provision of this resolution contradict a past World Assembly resolution still in force, that previous resolution takes precedence. Absent clarification otherwise, terms in the singular include the plural thereof and vice versa.[/list]

Recognising the existence of WA General Fund, as one of the oldest resolutions passed by this chamber and which has served as an essential charter of the World Assembly's fiscal affairs, establishing the WA General Fund along with an agency to maintain it in the form of the General Accounting Office;

Cognisant, however, that the spending of the hard-earned resources pooled from member nations in the General Fund inherently requires a level of oversight both to prevent the use of shared funds even when a project can be paid for without such use, and the misuse of funds allocated to particular projects;

Noting that since the creation of the General Fund, many resolutions have allowed member nations to receive monies from the General Fund to conduct various projects, or have them conducted by the World Assembly, resulting in a range of mechanisms specifying when member nations may receive such funds from the two-pronged test of Quality in Health Services, to the approval process of Disaster Precautions and Responses, to the infamous mandates in Supporting and Valuing the Humanities which led to its repeal five months later;

Believing, for these reasons, that it is necessary to establish a standardised mechanism for when World Assembly funding may be granted and how member nations may use these funds, preventing wasteful spending on either side while allowing legislation to focus on the intricacies of its policy than on reiterating the same language as to funding; and

Desiring, therefore, to establish such a mechanism;

The World Assembly hereby enacts as follows.

  1. General Fund: Funds from the WA General Fund shall be used to cover all administrative expenses of the World Assembly, as well as projects of the World Assembly mandated by resolution where an alternative source of funding is not prescribed.

    1. Except where mandated otherwise by previously enacted, standing resolutions, the General Fund shall not provide monies for any project in a specific member nation if that member nation can reasonably fund the said project without World Assembly funds or otherwise posing a substantial burden to that member nation's economy or finances.

    2. Neither member nations nor the World Assembly may use monies from the General Fund assigned for a specific project or task for any purpose other than the said project or task. Diversion of existing funds may not be used to circumvent this.

  2. Emergency funding: Except as provided for by standing and previously enacted World Assembly law, in the event that the General Fund is insufficient to cover the operations of the World Assembly as per Section 1, the General Accounting Office shall have the authority to divert General Fund monies to projects of materially greater humanitarian, administrative or environmental importance than the projects from which such monies are diverted. Such diversion shall be with the ultimate goal of maximising the ability of the World Assembly to carry out its mandates.

  3. Reporting: The General Accounting Office, hereinafter GAO, shall annually publish a report detailing the nature and source of all monies held by the World Assembly, whether or not in the General Fund, the extent and nature of all spending using these funds, all investments made or maintained using World Assembly monies, the extent of member nations' contributions to World Assembly funds, and any other relevant information around the World Assembly's financial status. The GAO may redact information from such reports to the extent compelled by personal privacy or national or operational security.

  4. Interpretation: Section headings do not alter the meaning or interpretation of this resolution. Should a provision of this resolution contradict a past World Assembly resolution still in force, that previous resolution takes precedence. Absent clarification otherwise, terms in the singular include the plural thereof and vice versa.

Additionally, you use some undefined acronyms, such as LUW, in the text body, and have some typographical errors (e.g. "organism" instead of "organ" or "organization" depending on your intended meaning).

Overall, my advice is that you look at previously passed resolutions here, particularly new ones and ones that are related to your topic. If you want to use key words to search for related passed resolutions, you can do so using this thread. I also suggest carefully reviewing the proposal comprendium to learn the rules governing proposals, and also perusing this forum for other draft threads to see how this process usually works.

Good luck.
Last edited by The Overmind on Wed Nov 13, 2024 5:48 pm, edited 2 times in total.
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Tinhampton
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Founded: Oct 05, 2016
Civil Rights Lovefest

Postby Tinhampton » Thu Nov 14, 2024 2:54 am

Why would reappropriating empty offices be a more effective way of creating jobs then just creating jobs?
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Montecrux
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Founded: Oct 15, 2020
Inoffensive Centrist Democracy

Postby Montecrux » Fri Nov 15, 2024 4:21 am

Okey then, I'll get to edit it asap, thanks for the advice!

Also, Tinhampton, I thought that, with this measure, not only empty workplaces would be assigned quickly, but also, at least I thought it this way, that it would foment creating new jobs, for example in big public works. If a government's got enough money, they could easily fill the x new places through this system, which could also have the positive secondary effect of increasing the number of public work and infrastructure.

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Untecna
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Posts: 6553
Founded: Jun 02, 2020
Psychotic Dictatorship

Postby Untecna » Fri Nov 15, 2024 8:14 am

Montecrux wrote:Okey then, I'll get to edit it asap, thanks for the advice!

Also, Tinhampton, I thought that, with this measure, not only empty workplaces would be assigned quickly, but also, at least I thought it this way, that it would foment creating new jobs, for example in big public works. If a government's got enough money, they could easily fill the x new places through this system, which could also have the positive secondary effect of increasing the number of public work and infrastructure.

But would it not be more efficient to expand the job market instead? Why force governments to reassign empty desks that a company isn't using?
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Saxe Cobourg
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Founded: Nov 15, 2024
Iron Fist Consumerists

Postby Saxe Cobourg » Mon Nov 18, 2024 7:51 pm

Even apart from the editing this requires, my nation cannot support the spirit of this resolution.

OOC: I wonder if there is a language barrier here that is making it more difficult for me to understand the gist of this.
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