[GA - PASSED] Protecting Legal Rights of Workers

Protecting Legal Rights of Workers
Category: Regulation | Area of Effect: Labour Rights
Proposed by: Cretox State | Onsite Topic​

The World Assembly,

Noting the importance of protecting the right of workers to be free from mistreatment and exploitation;

Recognizing the efforts of prior resolutions enacted by this most excellent body to enumerate key rights and ensure that workers' rights can be judicially enforced;

Concerned that the inherently unequal bargaining positions of workers and their employers leave the former open to coercion and the threat of retaliation with respect to enforcing their rights;

Understanding that protecting the ability of workers to seek relief for violations of their rights furthers the public interest and protects commerce, hereby:

1. Defines:
   1. an "employment dispute" as any dispute arising between an employer and one or more individuals or their authorized representative concerning a work relationship between them;
   2. an "arbitration agreement" as any agreement to arbitrate a dispute;
2. Declares:
   1. subject to extant World Assembly resolutions, no arbitration agreement shall be valid or enforceable with respect to an employment dispute unless:
      1. the agreement was not mandated by the employer, made a condition of employment or any employment-related benefit, or effected through coercion;
      2. each individual entering into the agreement was informed in sufficiently plain writing of their right to refuse the agreement without fear of retaliation, in addition to any other protections they may have pertaining to the signing of the agreement;
      3. each individual entering into the agreement received a period of at least 30 days to accept or reject the agreement; and
      4. each individual entering into the agreement affirmatively consented to the agreement in writing;
   2. no employer may retaliate or threaten to retaliate against an individual for refusing to enter into an agreement that provides for arbitration of an employment dispute;
   3. no employer may retaliate or threaten to retaliate against an individual for seeking judicial enforcement of their rights;
3. Clarifies:
   1. no arbitrator shall determine the applicability of this resolution to an agreement to arbitrate;
   2. nothing in this resolution shall apply to any agreement between an employer or a labor organization, or between labor organizations, unless said agreement has the effect of waiving the ability of an individual to seek legal enforcement of their rights;
4. Urges member nations to protect the rights of workers and ensure that those rights can be legally enforced.

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