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Part E: Local Development, Labour, Health and Safety - 41. Labour | 41.3 Mine Workers Rights & Duties

Mine workers’ rights and duties provisions typically address the protections and obligations of mine workers within the context of their employment at a mining site. Some issues addressed may include the right of a worker to leave a mine to protect his/her personal health or safety and broad protection in the form of non-discrimination against any person in their capacity as a mine employee.

It is also important to include reference to mine working conditions as miners work in a specifically risky environment where rights and duties go further than in most labour relationships. It should get regulated carefully and in detail, to minimize risks especially concerning health and security of the workers.

41.3 Example 1:

Article [_]

(1) The rights of a worker include the right to:

(a) work under satisfactory, safe and healthy conditions;

(b) receive equal pay for equal work without distinction of any kind;

(c) have rest, leisure and reasonable limitation of working hours and period of holidays with pay as well as remuneration for public holidays;

(d) form or join a trade union;

(e) be trained and retrained for the development of his or her skills; and

(f) receive information relevant to his or her work.

(2) Without prejudice to the provisions of this [Act][Code][Law], the duties of a worker in any contract of employment or collective agreement, include the duty to:

(a) work conscientiously in the lawfully chosen occupation;

(b) report for work regularly and punctually;

(c) enhance productivity;

(d) exercise due care in the execution of assigned work;

(e) obey lawful instructions regarding the organization and execution of his or her work;

(f) take all reasonable care for the safety and health of fellow workers;

(g) protect the interests of the employer; and

(h) take proper care of the property of the employer entrusted to the worker or under the immediate control of the worker.

Annotation

Drawn from Ghana’s labour law (2003), this provision contains a full list of rights and duties of mine workers. To avoid longer lists, the mining law can use a reference to others laws that specifically regulate the topics. However, at least a list including the principal rights and duties is advisable in the mining law.

Usually, duties are rights inversely read. This means that most of them are obligations that are designed to protect the worker (e.g. applying health and safety codes).

41.3 Example 2:

Article [_]

(1) Rights

(a) a.Request inspections and inquiries from the [Health Regulating Authority], when the safety conditions at work are precarious.

(b) Know the safety risks at work, that might affect his/her health and safety.

(c) Get information about security or health at work.

(d) Receive medical help, provided by the licence holder.

(e) Receive medical and surgical attention, general and specialized.

(f) Receive hospital and pharmacy attention.

(g) Receive rehabilitation and prosthetic pieces, its correction or replacement when needed by normal use.

(h) Receive continuous education opportunities

(i) Elect his/her collective workers representatives.

(2) Obligations/Duties

(a) Be responsible for his/her own safety and coworker safety

(b) Do not operate or manipulate machines, valves, pipes or electric conductors, if the worker is not trained or authorized to do so.

(c) Immediately report any safety work incident.

(d) Strictly comply with safety directions and regulations.

(e) Participate actively in all programmed trainings.

Annotation

Drawn from a manual prepared by the Ministry of Labour of Perú, (http://www.mintra.gob.pe/mostrarTemaSNIL. php?codTema=89&tip=20), this regulation details the rights and duties of the workers mainly in occupational health and safety matters. It is not a general list of rights and duties.