Right to work

The right to work is the right to be able to work with the free choice of profession and assurance of human dignity. This includes no individual right to a job, but the right to protection from involuntary unemployment.

It goes back to Charles Fourier, who is, in the critique of abstract rights of the French Revolution, had articulated the first:

" How great the inability of our society is the poor man to grant ye a, his upbringing reasonable maintenance to guarantee him the first of the natural rights, the right to work! Under " natural rights " I do not understand the well-known under the name of freedom and equality chimeras. So highly do not want to, the arms! He wants the rich not be the same; he would be satisfied, they might eat your fill at the table of their servants. The people are much more reasonable than you requested. It can be the subjugation, inequality and servitude like, if you meditate only on the means to come to his aid when political turmoil deprive it of its work, condemn the famine, initiated in shame and despair. Only then does it feel from politics left in the lurch. "

According to Article 23 of the Universal Declaration of Human Rights, it is considered as a basic human right; However, this explanation is not a binding source of law equal to article 6 of the International Covenant on Economic, Social and Cultural Rights and Article 1 of the European Social Charter.

In addition, there is the same right to receive the same fair wage at a reasonable and satisfactory working conditions at the same power for each person. Appropriate and satisfactory a salary is if it is sufficient for a decent standard of living of the person and their family. For the protection and enforcement of these rights is the right to form and join professional associations.

This is justified by the fact that a minimum financial freedom material basis was for numerous other rights and freedoms that require money or any kind of payment or remuneration, for example, to travel, or freedom of information, the right to health care and an apartment.

Germany

Weimar Republic

The Weimar Constitution August 11, 1919 contains a " right to work ". Article 163 WRV is:

" Every German is without prejudice to his personal liberty a moral duty, his mental and physical strength to operate as it requires the general welfare. Every German should be given the opportunity through economic work to earn a living. To the extent appropriate job it can not be demonstrated, providing for its necessary expenses. "

However, this provision could not prevent the rise of mass unemployment in Germany as a result of the global economic crisis. Article 163 of the Weimar Constitution was considered to be merely moral appeal (see also the formulation: " moral obligation" ) are not legally binding and efficacy.

Federal Republic of Germany

The Federal Republic of Germany, the UN Declaration of Human Rights, which enshrines the right to social security, employment and home signed. These were also included in the state constitutions of Bavaria, Brandenburg, Hesse, North Rhine -Westphalia and Bremen. A citizen's right to work, however, is not to be found in the Basic Law. The main reason for the waiver to this is the fact that the fundamental right part of the Basic Law contains only rights that are enforceable in courts of law. In the formulation of the Basic Law in 1948 was omitted as learned from the failure of the Weimar Republic it to include standards in this containing only moral appeals are not legally binding.

The absence of an express obligation of the state to create jobs is understood by some as a lack of implementation of the also signed by the Federal Republic of Germany Social Law Covenant (art. 6 ), although the stability law committed since 1967, federal and state governments to achieving a high level of employment.

A legally enforceable right to request work or work in the training profession is not provided by the law of the Federal Republic of Germany.

An obligation to work, as they provided the Weimar Constitution and the GDR constitution, would be inconsistent with the Basic Law: If you can live as revenue from interest or from a lottery prize, be refused under Article 2 (" free development of personality " see below) are not forced to work) in conjunction with Article 12 paragraph 2 of the Basic Law (. A pressure to take employment shall be exercised by the State only to those who want to get because of unemployment transfers. Government transfers may the applicant be ( partially or entirely ) be withheld if he refuses to take a position offered him legal and reasonable employment. Are set by the state under pressure also persons who certify food that they have no claims on private transfers in the form of maintenance over alleged debtor.

Right to free choice

Not having a right to work should have the right to free choice be confused. This is guaranteed by Article 12 of the Basic Law to all Germans:

" ( 1) All Germans shall have the right to vote, work, workplace and training center free. The profession may be regulated by law or pursuant to a law. ( 2) No one may be forced to a particular work except as part of a conventional general and equally to all public service obligation. (3 ) Forced labor may be imposed only if the court ordered his detention. "

In contrast to the right to work, which should enable social participation, is the right to free choice of a defensive right dar. It is intended to protect the individual, for example, before prohibitions.

The citizen's right to free choice of employment is largely applicable to non - German citizens of the European Union on the basis of EU law.

GDR

In the GDR, every citizen has been granted the right to work through the constitution of the GDR until 1989. This fundamental right was also almost fully implemented, so that almost every East German population of working age had a job, aside from high school seniors and students. In addition, it was found in the DDR relatively easy a job because in the GDR in many companies due to the lack of largely automate the GDR industrial labor was sought. The GDR had that UN Declaration of Human Rights signed the zubilligt every person the right to work.

" Every citizen of the German Democratic Republic has the right to work. He has the right to a job and the free choice according to the needs of society and the personal qualifications. He has the right to pay for quality and quantity of work. , Adult men and women and young people have the right to equal pay for equal work. "

" Socially useful activity is an honorable duty for every able-bodied citizen. The right to work and the obligation to work form a unit. "

In addition, crime, and criminal justice system " antisocial behavior ":

" (1) Whoever social coexistence of citizens or public order threatened by the fact that he persistently withdraws from aversion to work a regular job, although he is able to work, or who conducts the prostitution or who procured in any other unlawful manner, means of subsistence, shall be punished by sentencing to probation or prison, labor education, or with imprisonment of up to two years. In addition, it can be seen on residency restrictions and to state control and supervision of education. ( 2) In mild cases can be apart from measures of criminal liability and recognized on state control and supervision of education. ( 3) If the offender is already punishable under paragraph 1 or of a crime against the person, Youth and Family, the socialist, personal, or private property, public safety or public order, can be detected on labor education or imprisonment up to five years be. "

USA

In the political debate in the U.S. is "the right to work" has been redefined in the 1990s in " the right to work without union affiliation." In a number of states of right-wing governments have collective bargaining agreements that make union membership mandatory for all employees of a company, declared by law to be invalid. Thus, the influence of the trade unions has been reduced.