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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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Employment Rights and Protection
Spain
- English(1) All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to advancement through work, and to a sufficient remuneration for the satisfaction of their needs and those of their families. Under no circumstances may they be discriminated on account of their sex.
(2) The law shall regulate a Workers' Statute. (Sec. 35) - Spanish1. Todos los españoles tienen el deber de trabajar y el derecho al trabajo, a la libre elección de profesión u oficio, a la promoción a través del trabajo y a una remuneración suficiente para satisfacer sus necesidades y las de su familia, sin que en ningún caso pueda hacerse discriminación por razón de sexo.
2. La ley regulará un estatuto de los trabajadores. (Art. 35)
Employment Rights and Protection
Mozambique
- English1. Work shall be a right and a duty of every citizen.
2. All citizens shall have the right freely to choose their profession.
… (Art. 84) - Portuguese1. O trabalho constitui direito e dever de cada cidadão.
2. Cada cidadão tem direito à livre escolha da profissão.
… (Art. 84)
Employment Rights and Protection
Honduras
- EnglishEvery person has the right to work under equitable and satisfactory working conditions, to choose his occupation freely and to give it up, and to protection against unemployment. (Art. 127)
- SpanishToda persona tiene derecho al trabajo, a escoger libremente su ocupación y a renunciar a ella, a condiciones equitativas y satisfactorias de trabajo y a la protección contra el desempleo. (Art. 127)
Employment Rights and Protection
Sri Lanka
- English(1) Every citizen is entitled to –
…
(g) the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise ;
… (Art. 14) - Sinhala(1) සෑම පුරවැසියකුට ම -
…
(උ) එකලාව හෝ අන් අය හා සමග යම් නීත්යානුකූල රැකියාවක, වෘත්තියක, කර්මාන්තයක, වෙළඳ ව්යාපාරයක හෝ ව්යවසායක නියුක්ත වීමේ නිදහසට;
… (14 වැනි වගන්තිය)
Employment Rights and Protection
New Zealand
- English(1) The primary functions of the Commission are—
…
(d) to promote equal employment opportunities (including pay equity); and
…
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
…
(n) to exercise the following functions in relation to equal employment opportunities:
(i) to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
(ii) to lead the development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation) in accordance with paragraph (e):
(iii) to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis(iv) to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
… (Human Rights Act 1993, Sec. 5)4
Employment Rights and Protection
Sao Tome and Principe
- EnglishAll workers shall have the right:
a) To remuneration for work, according to the quantity, nature and quality, where the principle of equal pay for equal work is observed so as to guarantee a dignified existence;
…
c) To the organization of work under socially dignifying conditions so as to provide personal fulfillment;
d) To being able to perform their work under hygienic and safe conditions;
e) To a maximum limit to the work day, to weekly rest and to periodic paid holidays;
… (Art. 43) - PortugueseTodos os trabalhadores têm direito:
a) A retribuição do trabalho, segundo a quantidade, natureza e qualidade, observando-se o princípio de que para trabalho igual salário igual, de forma a garantir uma existência condigna;
…
c) A organização do trabalho em condições socialmente dignificantes, de forma a facultar a realização pessoal;
d) A prestação do trabalho em condições de higiene e segurança;
e) A um limite máximo da jornada de trabalho, ao descanso semanal e a férias periódicas pagas;
… (Art. 43)
Employment Rights and Protection
New Zealand
- English(1) It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by domestic violence.
(2) The areas to which subsection (1) applies are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work.
(3) In this section, an employer treats adversely an employee if the employer—
(a) dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
(b) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
(c) subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
(d) retires that employee, or requires or causes that employee to retire or resign.
(4) For the purposes of this section,— child has the meaning given to it in section 8 of the Family Violence Act 2018
family violence has the meaning given to it in section 9 the Family Violence Act 2018, person affected by family violence means a person who is 1 or both of the following:
(a) a person against whom any other person is inflicting, or has inflicted, family violence:
(b) a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.
(5) Subsection (1) applies regardless of how long ago the family violence occurred or is suspected or assumed or believed to have occurred, and even if the family violence occurred or is suspected or assumed or believed to have occurred before the person became an employee. (Human Rights Act 1993, Sec. 62A)5
Employment Rights and Protection
Seychelles
- EnglishThe State recognises the right of every citizen to work and to just and favourable conditions of work and with a view to ensuring the effective exercise of these rights the State undertakes−
(a) to take necessary measures to achieve and maintain a high and stable level of employment, as is practicable, with a view to attaining full employment;
(b) subject to such restrictions as are necessary in a democratic society, to protect effectively the right of a citizen to earn a dignified living in a freely chosen occupation, profession or trade;
(c) to promote vocational guidance and training;
(d) to make and enforce statutory provisions for safe, healthy and fair conditions of work, including reasonable rest, leisure, paid holidays, remuneration which guarantees, as a minimum, dignified and decent living conditions for the workers and their families, fair and equal wages for work of equal value without distinction and stability of employment.
… (Art. 35)
Employment Rights and Protection
Panama
- EnglishMotherhood of the working woman is protected. The pregnant woman may not be separated from her public or private employment for this reason. For a minimum of six weeks prior to confinement and eight weeks thereafter, she is entitled to rest with the same remuneration that she was receiving, and her job shall be kept for her, as well as all the rights inherent to her contract. Upon returning to work, the mother may not be dismissed for one year, except in special cases prescribed by law, which shall in addition, regulate the special working conditions of the pregnant woman. (Art. 72)
- SpanishSe protege la maternidad de la mujer trabajadora. La que esté en estado de gravidez no podrá ser separada de su empleo público o particular por esta causa. Durante un mínimo de seis semanas precedentes al parto y las ocho que le siguen, gozará de descanso forzoso retribuido del mismo modo que su trabajo y conservará el empleo y todos los derechos correspondientes a su contrato. AI reincorporarse la madre trabajadora a su empleo no podrá ser despedida por el término de un año, salvo en casos especiales previstos en la Ley, la cual reglamentará además, las condiciones especiales de trabajo de la mujer en estado de preñez. (Art. 72)
Employment Rights and Protection
United Arab Emirates
- EnglishThe community shall esteem work as a cornerstone of its development. The community shall provide jobs to the citizens, qualify them for those jobs, and create the suitable conditions for service by enacting legislation protecting the rights of the employees and the interests of the employers in the light of the advanced international labor legislation. (Art. 20)
- Arabicيقدر المجتمع العمل كركن أساسي من أركان تقدمه، ويعمل على توفيره للمواطنين وتأهيلهم له، ويهيئ الظروف الملائمة لذلك بما يضعه من تشريعات تصون حقوق العمال ومصالح أرباب العمل، على ضوء التشريعات العمالية. (المادّة 20)