Understanding workplace rights is not just a legal obligation it is good business practice. They represent the baseline standards that every workplace should uphold and apply to all employers, regardless of whether their country has ratified the related ILO Conventions.

As a law firm that advises employers across sectors, we believe it is essential to understand how these principles translate into real workplace obligations, particularly in how you structure contracts, develop policies, and manage people.

1. Freedom of association and collective bargaining
   Employees have the right to join trade unions and to seek collective bargaining. Under Kenyan law, the recognition of a trade union for purposes of collective bargaining is subject to specific thresholds and procedures.
2. Elimination of forced or compulsory labou
   No person should be made to work under threat, coercion, or deception. This includes modern forms of forced labour such as human trafficking and debt bondage. Employers must vet labour providers and implement ethical hiring practices
3. Abolition of child labour
   Children should not be engaged in work that is mentally, physically, socially, or morally dangerous, or that interferes with their education. Employers must comply with minimum age legislation, carry out age verification where necessary, and monitor supply chains for hidden risks of child labour.
4. Elimination of discrimination in employment and occupation
   Employment decisions must be fair and free from bias. Discrimination based on gender, ethnicity, religion, disability, race or other prohibited grounds is unlawful. Employers must embed non-discrimination principles into their HR policies, grievance mechanisms, and organizational culture.
5. A safe and healthy working environment
   This was recognized in 2022 as a Fundamental Principle and Right at Work, following a landmark decision by the ILO’s International Labour Conference. The decision reflected a global consensus reinforced by the COVID-19 pandemic that occupational safety and health are central to decent work and sustainable business operations. Health and safety is now a core right not just a compliance issue.

Why the Principles and Rights should matter to employers:

These five principles are not just about legal compliance. They are central to building ethical, productive and sustainable workplaces. They shape:

• Employment contracts and workplace policies
• Internal grievance and disciplinary frameworks
• Risk assessments, safety standards and ESG audits
• Observance of basic and minimum rights at work
• Alignment with the principles of decent work and fair labour practices
• Long-term sustainability in business operations and workforce relations

Understanding and applying these principles helps employers mitigate risk, enhance reputation and foster a stable, rights-respecting work environment.

Whether you lead HR, compliance, or legal functions, understanding these five principles is essential to managing risk, maintaining workforce trust, and upholding your obligations under national and international law.

Learn more: https://www.ilo.org/projects-and-partnerships/projects/fundamental-principles-and-rights-work