84. The Committee further notes that the 2014 ILC Conclusions concerning the second recurrent discussion on employment  provide strategic guidance on addressing current employment challenges. They refer to a set of guiding principles for rights-based, employment-centred sustainable economic recovery and development, reaffirming the principles established in Convention No. 122 and Recommendation No. 169. They also highlight the importance of adopting a comprehensive employment policy framework to promote full, decent, productive and freely chosen employment. They also emphasize that the policy should be developed through inclusive tripartite social dialogue and be accompanied by a high degree of coherence, collaboration and policy coordination at the global, regional and national levels.

94. Article 3 of the Convention calls for the measures and programmes to be adopted and implemented under the national employment policy through an inclusive process of consultation with the social partners and persons affected by the measures to be taken. Paragraph 5 of Recommendation No. 169 indicates that policies, plans and programmes adopted in the framework of the employment policy should be drawn up and implemented in consultation and cooperation with employers’ and workers’ organizations and other representatives of the persons concerned, particularly those in the rural sector. The Committee notes that, in the spirit of the instruments, national employment policies should be designed and implemented in consultation and cooperation with specific groups, such as women, older workers and young persons, those in the informal economy, persons with disabilities, indigenous and tribal peoples and other persons affected. The active participation of the concerned groups will in turn foster ownership and cooperation in the policy and the measures taken for its implementation.

114. Convention No. 122 provides, in Article 1, that national employment policies should aim to stimulate economic growth and development, raise living standards and prevent unemployment and underemployment. To this end, the national employment policy must include demand-side measures through macroeconomic and sectoral policies aimed at creating jobs. To achieve and maintain full employment, States have to position employment as a major macroeconomic goal within the national policy agenda and ensure that trade, investment and industrial promotion policies support the objectives of the Convention. The Committee notes the information provided by certain countries highlighting the important role of macroeconomic policies in successful employment policy implementation. The Committee has periodically requested information on the impact of such policies on job creation and on combating unemployment and labour underutilization, creating quality jobs and ensuring the inclusion of specific groups facing barriers to entering or staying in the labour market.

1067. (f) The Committee recalls that income generation and the creation of decent jobs should form an integral part of national employment agendas across ILO member States. With this strategic objective front and centre, States should promote the establishment and development of sustainable enterprises of all sizes, and facilitate their transition to the formal economy where appropriate. The Committee notes that, in this respect, it is crucial to formulate an enabling environment that takes into account and concretely replies to the needs of these enterprises. Moreover, in the context of an ever-growing and increasingly integrated market, governments should adopt coordinated measures to foster decent work within supply chains at both national and global level. In this respect, Governments should encourage multinational enterprises to respect fundamental principles and rights at work. In this regard, the Committee recalls the fundamental role that multinational enterprises play in the development of global supply chains and their corresponding responsibility to exercise due diligence to identify, prevent, mitigate and redress rights violations.

1067. (a) In carrying out its analysis of the instruments, the Committee has taken into consideration profound changes that have taken place in the world of work in recent decades. Changes in the organization and structure of work, as well as the evolving nature of the employment relationship, have had broad-ranging impacts on societies and individuals, particularly on disadvantaged groups who encounter difficulties in accessing, remaining and advancing in employment and decent work. The Committee considers that further in-depth tripartite consultations on these ongoing changes and their impacts would be of great value in identifying appropriate means of action to ensure decent work for all.

400. Paragraph 7(a) to (l) of the Recommendation calls for certain guiding principles to be taken into account in designing coherent and integrated strategies to facilitate transition. Firstly, it is crucial to acknowledge the diversity of characteristics, circumstances and needs of workers and economic units in the informal economy and the need to address such diversity through tailored approaches (Paragraph 7(a)). An integrated and comprehensive strategy across a range of policy areas can ensure progressive transition, although different and multiple strategies may be applied taking into account national contexts and preferences (Paragraph 7(b) to (d)).

884. Lack of labour and social protections is one of the hallmarks of the informal economy. Issues such as wage regulation, working time, maternity protection and the work–family balance have traditionally been perceived as inapplicable to the informal economy.

885. During the preparatory work for Recommendation No. 204, a vast majority of governments and workers’ organizations and some employers’ organizations agreed that social security, safety and health, decent working hours and minimum wages should be progressively extended to workers in the informal economy. It is through formalization that access to these protections can be made effective. Indeed, accessing such protections constitutes an incentive for formalization that would be weakened if similar protections were provided to workers in the informal economy without a full transition to the formal economy.1106 This is implicitly acknowledged in Paragraph 18 of Recommendation No. 204, which provides that Members should progressively extend in law and practice, to all in the informal economy, social security, maternity protection, decent working conditions and a minimum wage that take into account the needs of workers and consider relevant factors, including but not limited to the cost of living and the general level of wages in the country. One of the elements of transition is the recognition that it is a process that takes time and that can take place progressively.

886. As seen in chapter III, Recommendation No. 204 thus seeks to promote a transition to formality over time. To achieve this, as provided for in Paragraph 11 of the Recommendation, several elements should be taken into account in the context of an integrated policy framework designed to guide the transition to the formal economy. These elements include income security and an appropriately designed minimum wage (Paragraph 11(r) of Recommendation No. 204).
(a) Socialprotectionfloors

887. When designing and maintaining national social protection floors, particular attention should be paid to the needs and circumstances of those in the informal economy and their families (Recommendation No. 204, Paragraph 19). 888. The Committee recalls that Recommendation No. 202 emphasizes that “social security extension strategies should apply to persons both in the formal and informal economy and support the growth of formal employment and the reduction of informality” (Paragraph 15). The dual strategy of promoting both the horizontal and vertical extension of coverage, as set out in Recommendation No. 202, is also reflected in Recommendation No. 204. Both Recommendations emphasize the importance of social protection floors in guaranteeing at least a basic level of coverage for those in the informal economy, and of extending access to contributory social insurance mechanisms. Social protection policies contribute to facilitating the transition of workers and economic units from the informal to the formal economy, including by promoting the creation, preservation and sustainability of enterprises and decent jobs in the formal economy and the coherence of macroeconomic, employment, social protection and other social policies (Recommendation No. 204, Paragraph 1(a) and (b)).1107 889. The incorporation of workers and economic units into the social security system constitutes another necessary step in the transition to formality. At the same time, it is important to take into account the specific circumstances of workers and economic units in the informal economy as well as their diversity. Moreover, it is important to differentiate between wage workers, whose employers should be required to contribute to social insurance schemes and own-account workers, who do not have an employer to fund contributory schemes. Recommendation No. 204 invites member States to progressively extend social insurance coverage to the informal economy and, if necessary, to adapt administrative procedures, benefits and contributions, taking into account their contributory capacity (Paragraph 20).

890. In its latest General Survey on social protection floors, the Committee emphasized that, in a context of prevailing high, and even growing levels of informality, and persistent inequality, poverty and vulnerability, it is of the utmost importance for national social security extension strategies to include effective protection measures for workers in the informal economy and to facilitate their transition to the formal economy. As recognized in Recommendations Nos 202 and 204, guaranteeing at least a basic level of income security and essential healthcare for all through a nationally defined social protection floor is essential to foster social justice and inclusive development, and to promote decent and productive employment. Social protection policies can also play a major role as an integral component of national strategies aimed at transitioning towards formal employment with a view to progressively achieving higher levels of labour and social protection for as many persons as possible.1108 The extension of social insurance to categories of workers with contributory capacity who were previously not covered, including through entirely or partially subsidizing contributions, is increasingly being used as a means of ensuring protection and fostering formalization.1109 Such measures also reduce unfair competition among enterprises. Social protection policies should be duly coordinated with other major public policies aimed at formalizing economies, including tax, education and employment policies. Such policies are key to building and maintaining comprehensive, inclusive and adequate systems.1110

891. The Committee recalls that the Maternity Protection Convention, 2000 (No. 183), applies to all employed women, including those in atypical forms of dependent work (Article 2). Furthermore, Recommendation No. 204 invites member States, if possible, to grant access to quality childcare and other care services to promote gender equality in the transition to formality (Paragraph 21). (b) Occupationalsafetyandhealth

892. While transition to formality takes place progressively, during the preparatory work for Recommendation No. 204, it was agreed that ensuring occupational safety and health for workers and economic units should be considered as an urgent measure that should be implemented without delay.1112 Paragraph 11(p) of the Recommendation provides that the integrated policy framework to guide the transition to formality should address effective occupational safety and health policies. Moreover, when addressing rights and social protection, Recommendation No. 204 invites Members to take immediate measures to address the unsafe and unhealthy working conditions that often characterize work in the informal economy and to promote and extend occupational safety and health protections to employers and workers in the informal economy (Paragraph 17(a) and (b)).

893. In this regard, the Committee recalls that Convention No. 184 and Recommendation No. 192 are cited in the Annex to Recommendation No. 204 as relevant instruments to facilitate the transition from the informal to the formal economy. Article 4(3)(h) of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), provides that the national system for occupational safety and health shall include, among others, support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. 894. In its General Survey of 2017 on occupational safety and health, in the context of the mining sector, the Committee identified the existence of a sometimes large informal subsector and the widespread use of subcontracting as further obstacles to the monitoring of working conditions in a sector where the incidence of fatal and serious accidents was high.1113

895. The Committee also referred to the particular situation of the agricultural sector, where informality is prevalent, as well as to the high number of precarious workers. The Committee highlighted the low coverage and participation of agricultural workers in national social protection systems.1114

616. Telework is varied and can take place in different economic sectors with varying skills requirements. As such, it can evolve, particularly in terms of the possibility of remote control by the employer. Some telework is brokered through platforms (for example, text and data processing), and as such is often given out from industrialized countries to those in the developing world, where labour and other costs are lower (see below).

617. The Committee has already addressed telework in its General Survey of 2017 on working time, in which it noted the research conducted jointly by the ILO and the European Foundation for the Improvement of Living and Working Conditions (Eurofound), which identifies advantages and disadvantages of telework. Advantages for workers include; a reduction in commuting times; greater autonomy and flexibility in the organization of work; a better work–life balance; and higher productivity. Companies also benefit from the improvement in work–life balance, which can lead to increased motivation and reduced turnover, as well as enhanced productivity and efficiency, and from a reduction in the need for office space and associated costs. The disadvantages of telework are the tendency to work longer hours, to create an overlap between paid work and personal life (work–home interference) and the intensification of work.

641. In its 2011 World report on disability, the World Health Organization (WHO) estimated that approximately 15 per cent of the world’s population, or around 1 billion adults and children, are living with some form of disability, with some 2 to 4 per cent of the population experiencing significant difficulties in functioning. Individuals may be born with a disability or acquire a disability at any time during the course of their lives. Almost everyone will experience a temporary, chronic or permanent impairment, whether partial or severe, on one or more occasions, due to an accident, illness or the ageing process.

688. Convention No. 159 and Recommendation No. 168 highlight the need for accessibility and for workplace adaptations (also known as reasonable accommodations). In recent years, the Committee has noted the adoption of legislation in member States requiring employers to provide reasonable accommodation in the workplace.

CEACR – In its comments concerning Italy, the Committee noted with interest the adoption of Legislative Decree No. 76 of 28 June 2013, converted into Act No. 99 of 9 August 2013, which provides that employers in the public and private sectors are required to take appropriate steps to ensure that reasonable accommodation is provided in the workplace, as defined in the United Nations Convention on the Rights of Persons with Disabilities, to ensure equality of persons with disabilities with other workers.

689. The Committee notes that, in its General Comment No. 6, the CRPD Committee emphasizes that accessibility and reasonable accommodation are two distinct concepts in disability law and policy. The CRPD Committee observes that accessibility should be ensured for all groups of persons and may be implemented gradually over time, while reasonable accommodation is an individual right that must be tailored to the needs of the individual and is of immediate application. It notes, however, that the right to reasonable accommodation may be limited in cases of undue hardship or disproportionate burden.

690. Reasonable accommodation is therefore distinct from accessibility. Accessibility, through the application of universal design principles or assistive devices, has to be built into systems and processes to ensure access for all persons without regard to the needs of a particular individual. Article 4(3) of the CRPD requires States parties to establish accessibility standards, developed and implemented in consultation with organizations of persons with disabilities, as a systemic, forward-looking activity. In contrast, reasonable accommodation needs to be provided from the moment a specific individual with a disability requires or makes a request for an accommodation. The CRPD Committee has noted that, in contrast with the duty to ensure universal access, the “duty to provide reasonable accommodation is an individualized reactive duty that is applicable from the moment a request for accommodation is received”.

691. Both accessibility and reasonable accommodation are essential for the achievement of substantive equality of opportunity and treatment in employment and occupation for persons with disabilities, so that they may effectively exercise their fundamental right to full participation and integration into social and economic life. Recommendation No. 168 indicates that measures to promote employment opportunities for persons with disabilities which conform to the employment and salary standards applicable to workers generally should include the elimination, by stages if necessary, of physical, communication and architectural barriers and obstacles affecting transport and access to and free movement in premises for the training and employment of persons with disabilities; and appropriate standards should be taken into account for new public buildings and facilities (Paragraph 11(g)).

692. Persons with disabilities are frequently excluded from employment, as well as from participation in their communities and society at large due to factors such as lack of accessibility to buildings, public spaces and public transport.910 If an individual cannot go to and from the workplace, or cannot access the workplace, he or she cannot secure or remain in gainful employment. The principle of accessibility applies equally to all categories of workers with disabilities: those in protected or sheltered employment, those in formal or informal employment, and those who are self-employed entrepreneurs.

693. The CRPD Committee has observed that accessibility is both a precondition and a means to achieve de facto equality for all categories of persons with disabilities. To enable persons with disabilities to effectively access their right to inclusion in all areas of activity, including employment, it is necessary for States to ensure accessibility of the built environment, public transport and information and communication services. As it may take time to gradually ensure accessibility, equality of opportunity and treatment for persons with disabilities there-fore has to begin with public planning that applies the principles of universal design, or the design of buildings, products or environments to make them both aesthetic and accessible to all persons, regardless of age, disability, status in life, or other factors.

694. The Committee notes that a number of governments have provided information on the measures taken to eliminate physical barriers and structural obstacles which prevent or impair the mobility or access of persons with disabilities to facilities, public spaces or public or private workplaces.

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695. Specific measures have been taken in a few member States to improve the efficiency of accessibility in public transport services for persons with disabilities with a view to facilitating, inter alia, access to vocational education and training and employment

696. Article 2 of the CRPD defines “universal design” as meaning “the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. ‘Universal design’ shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.”

697. The Committee highlights the importance of addressing the so-called digital divide in the context of persons with disabilities. Digitalization has led to many advances that can greatly improve standards of working and living for persons with disabilities. According to the Information, Technology and Innovation Foundation (ITIF), technology that enhances accessibility for persons with disabilities falls into three general categories:

• assistive technology (technology that is designed specifically to improve the functional capacities of a person with a disability); X
• adaptive technology (technology that provides a mechanism that enables persons with disabilities to use technology that would otherwise be inaccessible to them); and
• accessible technology (technology that has many broader applications, but helps to remove barriers and make the world generally more accessible for persons with disabilities).

716. The Committee observes that, in order to obtain a reasonable accommodation, job applicants or workers are generally required to inform their potential or current employer that they require an accommodation.927 Workers may be reluctant or afraid to disclose their need for an accommodation, especially in the case of conditions that are perceived negatively or particularly stigmatized, such as a mental health condition or a chronic illness, for example, AIDS. Where employers communicate support for workers who may require an accommodation and explain the procedures available for making a request, including how the employer will ensure the confidentiality of the worker’s personal data, this helps to establish an enabling environment that can encourage workers to disclose their requirements.

785. A comprehensive employment policy framework should include measures that respond to the needs of all categories of workers and promote the transition to paid work of the un-employed or inactive, including the long-term unemployed. Paragraph 9 of Recommendation No. 204 indicates that “Members should adopt, review and enforce national laws and regulations or other measures to ensure appropriate coverage and protection of all categories of workers and economic units”.

791. Around half of the world’s young people (aged 15 to 24 years) are in the labour force. However, over the past 20 years, the global labour force participation rate of young people has fallen from 55 to 45.7 per cent. Between 2017 and 2030, the global youth labour force aged 15 to 24 will increase by 41.8 million, driven by trends in Africa. Moreover, an estimated 21.8 per cent of young people are neither in employment nor in education or training (NEET). The quality of youth employment remains a concern. The Committee notes that, according to ILO statistics, some 362 million young persons in the world are in the informal economy, more than half of whom are in sub-Saharan Africa or southern Asia.