Global Labor Support Act of 2021
A BILL
To support global labor rights, and for other purposes.
Sec. 2 Findings
Congress makes the following findings:
The International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, which ILO Member States adopted in 1998, recognizes four fundamental rights at work:
Freedom of association and the effective recognition of the right to collective bargaining.
The elimination of all forms of forced or compulsory labour.
The effective abolition of child labour.
The elimination of discrimination in respect of employment and occupation, which may be referred to as non-discrimination.
The ILO Declaration on Social Justice for a Fair Globalization, which ILO Member States adopted in 2008, recognizes four strategic objectives through which the Decent Work Agenda is expressed:
Promoting employment by creating a sustainable institutional and economic environment for the sustainable development of individuals, enterprises, and societies.
Developing and enhancing measures of social protection, including social security, healthy and safe working conditions, and policies in regard to wages, hours, and other conditions of work.
Promoting social dialogue for translating economic development into social progress and making labour law and institutions effective.
Respecting, promoting, and realizing the fundamental principles and rights at work, noting that freedom of association and effective recognition of the right to collective bargaining are particularly important.
On June 21, 2019, the International Labour Conference of the ILO adopted the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), which recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment.
On June 21, 2019, the United States voted in favor of the adoption of ILO Convention 190, but has not ratified it.
The Department of State documents worker rights in its annual Country Reports on Human Rights Practices in the following five categories:
Freedom of association and the right to collective bargaining.
Prohibition of forced or compulsory labor.
Prohibition of worst forms of child labor and minimum age for employment.
Prohibition of discrimination with respect to employment and occupation.
Acceptable conditions of work.
In 1999, the Department of State created the position of Special Representative for International Labor Affairs.
Section 515 of volume 1 of the Foreign Affairs Manual defines the duties of the Special Representative for International Labor Affairs as follows: “The Special Representative for International Labor Affairs serves as the senior policy advisor to the Assistant Secretary for Democracy, Human Rights, and Labor on all matters related to international labor affairs and rights; and reports directly to the Assistant Secretary. The Special Representative alerts the Assistant Secretary to opportunities for advancing existing policy, helps formulate new policy approaches, and serves as a key front office contributor to strategic thinking for the bureau in relation to international labor affairs.”.
Sec. 3 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Health, Education, Labor and Pensions of the Senate; and
the Committee on Foreign Affairs and the Committee on Education and Labor of the House of Representatives.
Internationally recognized labor rights— The term internationally recognized labor rights means—
the freedom of association and the effective recognition of the right to collective bargaining;
the elimination of all forms of forced or compulsory labor;
the effective prohibition and abolition of all forms of child labor;
the elimination of discrimination in respect of employment and occupation; and
acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.
Vulnerable populations— The term vulnerable populations means—
workers who identify as women or girls;
workers with disabilities;
child workers above the minimum age of employment as defined by the ILO Minimum Age Convention;
workers who identify as lesbian, gay, bisexual, transgender, queer, or intersex;
workers from marginalized communities;
migrant workers;
domestic workers;
workers in the informal economy;
workers in non-standard forms of employment as described by the ILO, including short-term contract employment and home-based employment, among others; and
workers who otherwise lack access to social protection.