E/C.12/GC/23
provides substantial support and services to an enterprise operating in another State party. 49
To this end, the State party should respect relevant host-country legislation that complies
with the Covenant. When the home country has stronger legislation, the State party should
seek to maintain similar minimum standards in the host country as much as practicable.
State parties should also require respect for the right to just and favourable conditions of
work by individuals and enterprises based extraterritorially with which they conduct
commercial transactions.50
70.
States parties should take measures, including legislative measures, to clarify that
their nationals, as well as enterprises domiciled in their territory and/or jurisdiction, are
required to respect the right to just and favourable conditions of work throughout their
operations extraterritorially.51 This responsibility is particularly important in States with
advanced labour law systems, as home-country enterprises can help to improve standards
for working conditions in host countries. Similarly, in conflict and post-conflict situations,
States parties can have an important regulatory and enforcement role and support
individuals and enterprises in identifying, preventing and mitigating risks to just and
favourable conditions of work through their operations. 52 States parties should introduce
appropriate measures to ensure that non-State actors domiciled in the State party are
accountable for violations of the right to just and favourable conditions of work
extraterritorially and that victims have access to remedy. States parties should also provide
guidance to employers and enterprises on how to respect the right extraterritorially.53
71.
States parties acting as members of relevant international organizations should also
respect the right to just and favourable conditions of work. States parties that are members
of international financial institutions, notably the International Monetary Fund, the World
Bank and regional development banks, should take steps to ensure that the right is taken
into account in their lending policies, credit agreements and other international measures.
They should also ensure that the policies and practices of international and regional
financial institutions, in particular those concerning structural and/or fiscal adjustment,
promote and do not interfere with the right.
72.
States parties should ensure that the right to just and favourable conditions of work
is given due attention in the conclusion and implementation of international agreements,
including in bilateral, regional and multilateral trade and investment agreements. Similarly,
States parties should ensure that other international agreements do not negatively affect the
right to just and favourable conditions of work, for example, by restricting the actions that
other States parties could take to implement the right. States parties that have not done so
should consider ratifying core human rights treaties and relevant ILO conventions.
73.
States parties should cooperate so as to protect the rights of their nationals working
in other States parties, including through bilateral agreements with host countries and the
sharing of recruitment practices. This is particularly important to avoid abuse of migrant
workers, including domestic workers, and to combat trafficking in persons. Similarly,
States parties should seek international cooperation to protect the rights of migrant workers
who are employed by enterprises registered in other States parties so as to enable such
workers to enjoy just and favourable conditions of work.
49
50
51
52
53
Ibid., principle 4.
Ibid., principle 6.
Ibid., principle 2.
Ibid., principle 7 (a).
Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and
Cultural Rights (2011).
19