The Right to Work, Determination of Contracts, and the Dynamics of Qualified Privilege

Abstract

The right to work is guaranteed, protected, and advanced by various laws and conventions, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Indigenous and Tribal Peoples Convention, and the African Charter on Human and Peoples Rights (ACHPR). However, the laissez-faire nature of the private sector and economic uncertainties that affect the public sector create a serendipitous environment with positive or negative outcomes depending on the circumstances of each case. Employees are subjected to various challenges in the labour market, inter alia, related to job security, loss of employment, and factors influencing the potential for securing lucrative and fulfilling job opportunities after terminations or retrenchments. That verifies the essentiality of legislative and administrative measures aimed at protecting the rights and interests of workers, in regard to employment benefits, due process requirements, and in view of the qualified privilege of employers, who make reports on the conduct or efficiency of past employees, and their effect on their job prospects. Consequently, the International Labour Organization (ILO) deemed it necessary to provide the Termination of Employment Convention, which is effectively utilized for the protection of workers. So, considering the state of the labour market, analysts have corroborated the essentiality of protecting workers' rights and the implementation of policy measures aimed at enhancing job security, as a matter of public interest that benefits society.