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administrative measures, in the event of violation of any of the elements of the right. They
should also refrain from procuring goods and services from individuals and enterprises that
abuse the right. State parties should ensure that the mandates of labour inspectorates and
other investigation and protection mechanisms cover conditions of work in the private
sector and provide guidance to employers and enterprises. Measures to protect should also
cover the informal sector. Certain workers, such as domestic workers, may require specific
measures.
60.
The obligation to fulfil requires States parties to adopt the measures necessary to
ensure the full realization of the right to just and favourable conditions of work. This
includes introducing measures to facilitate, promote and provide that right, including
through collective bargaining and social dialogue.
61.
In order to facilitate the right to just and favourable conditions of work, States
parties should adopt positive measures to assist workers by according sufficient recognition
of the right through laws, policies and regulations, for example, on non-discrimination, a
non-derogable minimum wage, occupational safety and health, compulsory insurance
coverage, minimum standards for rest, leisure, limitations on working hours, paid annual
and other leave and public holidays. States parties should also introduce quotas or other
temporary special measures to enable women and other members of groups that have
experienced discrimination to reach high-level posts and provide incentives for the private
sector to do so.
62.
To help assess the enjoyment of the right to just and favourable conditions of work,
States parties should establish obligatory notification schemes in the event of occupational
accidents and disease, as well as mechanisms to assess systematically the level of the
minimum wage, fair wages and the gender pay gap between men and women within
organizations in the public and private sectors, including in high-level posts. States parties
should also periodically review the impact of laws and policies, in consultation with
workers and employers, with a view to updating standards in the light of practice. For
example, the national policy on occupational safety and health should include a built-in
periodic review mechanism. States parties should promote the extension of protective
regimes to sectors at risk; introduce schemes that allow for coverage of informal workers,
coupled with measures to regularize the informal economy; create adequate dialogue
mechanisms to raise pertinent issues; and introduce incentives to overcome the gender pay
gap, including through initiatives to alleviate the burden of reproductive work on women,
for example, by promoting access to goods and services, such as day-care facilities and
non-transferable parental leave for men.
63.
In order to promote the right to just and favourable conditions of work, State parties
should take steps to ensure appropriate education, information and public awareness. With
a view to creating equal opportunities for workers to advance in both the private and public
sectors, States parties should put in place training programmes and information campaigns,
also targeting employers, in relevant languages and accessible formats for persons with
disabilities and illiterate workers. Attention should be paid to the need for gender-sensitive
training on the occupational health and safety of workers.
64.
States parties must also provide aspects of the right to just and favourable conditions
of work when workers are unable to realize the right themselves. They have a role in
creating an enabling labour market environment and should, for example, adapt the
workplace and equipment for persons with disabilities in the public sector and provide
incentives for the private sector to do so. States could establish non-contributory social
security programmes for certain workers, such as workers in the informal economy, to
provide benefits and protection against accidents and disease at work.
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