Labour rights

Unacceptable forms of work (UFW) have been identified as an "area of critical importance" for the ILO as it approaches its centenary. Yet there is currently no comprehensive elaboration of the dimensions, causes or manifestations of UFW. This article reports on a research project that has proposed such a framework. The article first investigates and reconceptualizes key discourses on contemporary work to identify their contribution to an analytically rigorous conception of UFW. It then outlines a novel Multidimensional Model that has been designed for use by local policy actors in identifying and targeting UFW in countries across a range of income levels.

The collapse of the Rana Plaza garment factory building in Bangladesh, which resulted in the loss of at least 1134 lives and injuries to hundreds more, exposed the brutality of a global production system in which labour rights have become privatised, circumscribed, and deterritorialised. Unprecedented for an incident of its kind, affected families received $30 million in "compensation" from global apparel companies through the Rana Plaza Arrangement, a voluntary initiative overseen by the International Labour Organization (ILO). This article situates the Arrangement in debates over labour rights in global supply chains, presenting it as a hybrid mechanism that recognises workers' right to compensation for injury or death but relies on the voluntarism of corporate social responsibility for funding. Exploring the complex role of neoliberal regulation in reproducing geographies of uneven development, I show how a transnational initiative can restrict labour rights even as it attempts to expand such rights.

This paper engages the literature on the legal geographies of labour and postdemocracy in order to examine the role of law in limiting the labour rights of non-standard workers. To do so, it analyses the effects of civil suits for obstruction of business against workers and trade union activists in South Korea. First embraced by liberal administrations as an alternative to authoritarian forms of labour control, civil suits for obstruction of business have become a common feature of labour struggles since 2002 and have led to millions of dollars in damage claims and provisional seizure of assets being applied against workers for engaging in collective action. We argue that by treating many ordinary trade union practices as 'threats of force' that obstruct business and are thus liable for compensation, the law has been an essential component in the creation of a postdemocratic mode of labour control: one in which many fundamental labour rights are officially recognised, unlike under authoritarian regimes, but undermined in practice by narrowly limiting workers' ability to pursue lawful collective action.

Zusammenfassung Die Corona-Pandemie hat zu massiven Disruptionen globa-ler Lieferketten geführt und damit die Exportökonomien vieler Produktionsländer existenziell getroffen. Besonders dramatisch ist dies für die Arbeiter:innen am An-fang der Wertschöpfungskette. Die Verletzungen international anerkannter sozialer und ökonomischer Rechte in globalen Lieferketten sind heute massiver als vor der Krise und offenbaren ein weitreichendes Konfliktpotenzial. Der Beitrag verdeut-licht diese Situation beispielhaft für Brasilien und Indien und problematisiert auf dieser Grundlage globale Lieferketten als Thema der Friedens-und Konfliktfor-schung. Lieferketten sind Räume politischer Auseinandersetzungen um materielle und ideologische Bedingungen der Produktion, die durch eine Vielzahl institutio-neller Kontexte und Akteure mitgestaltet werden. Ein umkämpfter Gegenstand ist dabei der mangelnde Arbeits-und Menschenrechtsschutz. Der dominante Weg zur Adressierung dieses Mangels sind die Institutionen und Praktiken der transnatio-nalen privaten Governance durch Standards, Zertifizierung, Monitoring und Audits. In der Pandemie offenbaren diese ohnehin lückenhaften Ansätze, dass sie gerade in Krisenzeiten ungeeignet sind, um grundlegende Arbeits-und Menschenrechte zu sichern und bestehende Konflikte zu befrieden. Der Beitrag betont abschließend die Verbindung zwischen globalen Lieferketten und lokalen Konflikten und plädiert für eine Forschungsagenda zu "Lieferketten und Konflikt". Abstract The corona pandemic has led to a massive disruption of global supply chains and has thus existentially affected the export economies of many producing countries. This is particularly dramatic for workers at the beginning of the value chain. The violations of internationally recognized social and economic rights in global supply chains are more massive today than before the crisis and reveal a far-reaching potential for new conflicts. The article illustrates this situation in the case of Brazil and India and, on this basis, raises the issue of global supply chains as a topic for peace and conflict research. Supply chains are spaces of political conflict about material and ideological conditions of production, which are shaped by a variety of institutional contexts and actors. One of the most controversial issues is the lack of labour and human rights protection. The dominant way to address this lack is through institutions and practices of transnational private governance-standards, certification , monitoring and audits. In the pandemic, these already patchy approaches reveal that, especially in times of crisis, they are unsuitable for securing basic labour and human rights and for pacifying existing conflicts. The article concludes with an emphasis of the linkages between global supply chains and local conflicts and argues for an extended research agenda on "supply chains and conflict".

This report considers 12 international sports brands — adidas, ASICS, FILA, Kappa, Lotto, Mizuno, New Balance, Nike, Puma, Reebok, Speedo and Umbro — and examines the steps they take to ensure their suppliers in Asia allow workers to organise trade unions and bargain collectively for better wages and conditions. It concludes that all sportswear companies need to take a more serious approach to workers’ right to freedom of association. Some companies — notably Reebok, Puma, adidas, Nike, ASICS and Umbro — are involved in positive initiatives which have led to improved conditions in some factories, but their overall approach to trade union rights has been inconsistent and at times contradictory. FILA, owned by Sports Brands International (SBI), has taken the least action to improve respect for trade union rights in its Asian supplier factories. FILA has failed to adequately address serious labour rights abuses when they have been brought to the company’s attention and since February 2005 has ignored multiple attempts by labour rights groups and trade unions to communicate with the company about labour issues.

Asian sportswear workers who want to form unions and bargain collectively frequently face discrimination, harassment, threats of dismissal and, in some cases, violent intimidation. Two of the cases researched for this report — one in Sri Lanka and the other in Indonesia — involved violent assaults on workers who were attempting to form unions in sportswear factories. Women, who make up 80% of the global workforce in the sportswear sector, face particular barriers to participating in trade unions due to gender discrimination within their workplaces, their societies and within workers’ organisations. Transnational corporations (TNCs) in sportswear and other industries cannot, on their own, create the conditions where trade union rights are fully respected. Governments have a responsibility to ensure that labour rights are protected by properly enforced state legislation. However, governments in developing countries are frequently wary of regulating the behaviour of TNCs for fear that they will lose production and investment to other countries. In this context sportswear TNCs can play an important role in ensuring that trade union rights are properly respected in their own supply chains, thereby reducing pressure on governments to erode state protection for these rights.

The 2013 collapse of the Rana Plaza factory building in Dhaka, Bangladesh was the most deadly disaster in garment manufacturing history, with at least 1,134 people killed and hundreds injured. In 2015, injured workers and the families of those killed received compensation from global apparel brands through a $30 million voluntary initiative known as the Rana Plaza Arrangement. Overseen by the International Labour Organization (ILO), the Rana Plaza Arrangement awarded payments to survivors using a pricing formula developed by a diverse team of 'stakeholders' that included labour groups, multinational apparel companies, representatives of the Bangladesh government and local employers, and ILO actuaries. This article draws from anthropological scholarship on the 'just price' to explore how a formula for pricing death and injury became both the means and form of a fragile political settlement in the wake of a shocking and widely publicised industrial disaster. By unpacking the complicated 'ethics of a formula' (Ballestero 2015), I demonstrate how the project of creating a just price involves not two sets of values (ethical and financial) but rather multiple, competing values. This article argues for recognition of the persistence and power of these competing values, showing how they variously strengthen and undermine the claim that justice was served by the Rana Plaza Arrangement. This analysis reveals the deficiencies of counterposing 'morality' and 'economy' in the study of price by reflecting upon all elements of price as situated within political economy and history.

On May 12, 1998, Nike's CEO and founder Mr. Phillip Knight spoke at the National Press Club in Washington, DC and made what were, in his words, "some fairly significant announcements" regarding Nike's policies on working conditions in its supplier factories. The announcements received favorable treatment from the press, with a New York Times editorial suggesting that Nike's new reforms "set a standard that other companies should match." Nike's critics were more cautious, expressing concern that Knight's promises represented an attempt to sideline their demands for decent wages and rigorous factory monitoring and replace them with a significantly weaker reform agenda. This report represents a comprehensive examination of Nike's labor performance in the three years after that speech was made. That performance is first assessed against the commitments Knight announced and is then compared with the human rights standards and independent monitoring practices labor rights organizations have demanded of the company.

Labour rights have been neglected in human rights law. Classified usually as social rights, they have been excluded from key human rights conventions. Recently the European Court of Human Rights has developed a technique, known as an ‘integrated approach to interpretation’, because it integrates social and labour rights in the European Convention on Human Rights. The first part of this article presents case law and debates on the adoption of this technique, and also discusses the example of Canada, where similar developments are taking place. It finds controversy in literature, and uncertainty in judicial decision-making. The second part, therefore, develops a normative justification for the integrated approach in interpreting labour rights. This is based on freedom, a key value underlying civil and political rights. Negative accounts of freedom are inadequate, though, for reasons that the article explains. Instead, it analyses positive freedom in light of the theory of capabilities, which leads to the collapse of sharp divisions between groups of rights. A positive account of freedom as capability requires the protection of labour rights under the European Convention on Human Rights, and leads to the development of important principles on human rights at work.

The importance of oil palm sector for Indonesia is inevitable as the country currently serves as the world's largest producer of crude palm oil. This paper focuses on the situation of workers on Indonesian oil palm plantations. It attempts to investigate whether the remarkable development of the sector is followed by employment opportunities and income generation for workers. This question is posed within the theoretical framework on the link between trade liberalisation and labour rights, particularly in a labour-intensive and low--skilled sector. Based on extensive field research in Riau, this paper confirms that despite the rapid development of the oil palm plantation sector in Indonesia, the situations of workers in the sector remain deplorable, particularly their employment status and income. This also attests that trade liberalisation in the sector adversely affects labour rights. The poor working conditions also have ramifications for food security at the micro level.

From the best estimates we have, workers die as a result of health and safety crimes at perhaps 70 times the rate of people who are murdered and perhaps 15 times the rate of people killed in car accidents. Yet health and safety crimes are not the typical subject matter for criminology simply because they are not interpersonal crimes. Yes, individuals are involved, but health and safety crime always requires us to look beyond individual actors playing out a criminal event in a self-contained crime " scene. " This chapter provides a detailed overview of how safety crimes might be regarded as crimes of violence, and explores in detail the way scholars have characterized the regulation of those crimes. It closes by providing a theoretical and empirical description of the " political economy " approach to understanding safety crimes with reference to the case of a young English worker, Simon Jones, who was killed at the hands of his employer.

From talks around the issue of the Generalized System of Preferences and more recent talks on bilateral and multilateral FTAs, the linkage between the promotion of universal labour rights and trade has been on the agenda of policy makers, and integrated into most FTAs. In the case of the recent Canada-Colombia Free Trade Agreement (CCFTA), Canadian officials negotiated the inclusion of a side agreement on labour cooperation (ALC) in order to deepen ties between the two countries, and support Colombian workers, who face severe repression by government and paramilitary forces. The current essay will bring forward and deepen the critiques formulated by civil society actors against CCFTA, and argue that the guarantees given by the agreement and the ALC are fundamentally flawed using an examination of the underlying meaning of the words of the agreement. By taking a structural approach, it will be argued that the general culture and habitus developed through the interests and usage of symbolic capital of structural actors have a central effect on the FTA and its ALC by completely altering the meaning of their language. Such a critique offers a relevant standpoint in the context of the on-going discussions revolving around the Trans-Pacific Partnership, and the general expansion of global integration through FTAs.

The European Union (EU) includes clauses on labor rights in free trade agreements with partner countries. One of these clauses was added to the Free Trade Agreement between the EU and South Korea. This article looks at the clause as an attempt of the EU to include labor rights in international trade law. The argument of the article is that the labor clause does include several innovative features which entrench the presence of labor law in international trade agreements. However, the clause remains mainly about political cooperation and struggles to define enforceable legal obligations on states. This is so because of the exceptions in the first part of the clause, the vagueness of the labor rights obligations and the lack of an enforcement mechanism. Keywords labor rights – free trade agreements – WTO – ILO – sustainable development

On the 5th of July 2017, the European Committee of Social Rights published another decision adopted under the collective complaints procedure, condemning Greece for violating plenty of the European Social Charter provisions concerning labour rights by implementing austerity measures between 2010 and 2014. The Committee adopted a dynamic and analytical interpretation of the Charter setting new criteria, such as the need to take into account the social needs of the most vulnerable when legislating and went even further than in its previous decisions in terms of social rights protection by producing a precedent that can be used as a tool against the application of austerity policies. This paper analyses GSEE v. Greece, Complaint No. 111/2014 before the Committee and attempts to review it under a multi-level context.

Ndèye is a young woman who is employed as a domestic worker in Dakar. Like most domestic workers, she is not a native of the capital of Senegal. Having lost her parents at a young age, she was raised by her aunt who is also her guardian. Like many other young women, Ndèye migrated to the capital city for work. Her income helps to support her two brothers under the care of her aunt. Given their low wages-generally below the minimum wage (around EUR 84 per month)-domestic workers cannot afford to rent a single room. They often share crowded accommodations with several others From informal worker to African legal subject: thinking through... https://www.africaportal.org/features/informal-worker-african-le...

This article aims to analyze the social and legal situation of women in the labor market, especially in relation to the impact which maternity status impresses upon this. The author intends to explain why women are discriminated in the labor market (notably once they become others) by applying current psychological and economic theories on discrimination. Furthermore, the International and Mexican legal frame works on the prohibition of discrimination and maternity protection are herein discussed and analyzed. Finally, the author proposes introducing and developing paternity labor rights as a necessary condition to eradicate gender discrimination in the labor market.

This article explores tensions in the ways in which non-governmental activism, as represented by trade unions and non-governmental organisations (NGOs), frames the concerns of migrant domestic workers (MDWs) living in South Africa. It analyses how seemingly polarised trade unions and NGOs involved in struggles on behalf of MDWs adopt singular discourses about labour rights at varying political moments to achieve their own goals. These singular frames conflate the issues around MDWs and their rights, reducing them to rigid categories of either ‘international migrants’ or ‘domestic workers’. The framing of MDWs’ concerns as international migrants’ rights issues reflects a transnational political approach that migrant-aligned trade unions and NGOs use in order to connect with pre-existing labour movement narratives and debates. This framing must contend with locally aligned trade unions and NGOs who frame international MDWs’ concerns essentially as equal to those of internal MDWs through the mantra ‘a worker is a worker’. This homogenising framing of worker struggles generates deep-seated xenophobic discourses about migrants in South Africa’s labour market which are compatible with a citizenship-based workers’ rights movement and ‘national chauvinism’. Although the mantra ought to allow every worker to stand up for their rights without risking immigration detention or deportation, locally aligned trade unions and NGOs use it to de-exceptionalise international migrants in order to appeal to a local constituency concerned about the economy being ‘overrun’ by international migrants. The article concludes that there is need for internal and international MDWs to organise themselves in ways that recognise their similarities and accommodate their differences.

In recent years, India has seen a wide-ranging retrenchment of hard-won labour rights with serious consequences for working communities in general, and for the rights of women workers. The retrenchment of labour rights has occurred through a range of governance reforms and changes to labour laws at both central and state levels in the name of enabling the ‘ease of doing business’ through ‘labour flexibility’. A significant component of the labour law reforms at the central level have come through a heavily contested exercise to consolidate and simplify (what was eventually to be 29) labour laws into four Codes on Wages, Industrial Relations, Social Security, and Occupational Safety, Health and Working Conditions, which were enacted between August 2019 and September 2020, after the National Democratic Alliance government was returned to power.
This paper provides a gendered analysis of the four central Codes, particularly focusing on the effects of the Codes on informal women workers. It contextualises women’s work in India, as well as the wider relationship between labour laws and women’s work, including paid and unpaid work. To evaluate the import of the Codes, it also draws on the proposals made by the Second National Labour Commission (SNCL), which has formed the basis of the reforms, as well as the reports of the National Commission for Enterprises in the Unorganised Sector (NCEUS), which have made several proposals for regulating the informal economy. Given the continued patchy and piecemeal recognition of the rights of informal women workers by the Codes that have also hollowed out labour rights for even those in the formal economy, the paper discusses the way forward for the labour rights of women in the informal economy.

On October 11, 2018, the Association of Doctors and Ph.D. Candidates of the Business Law Center
(ADDCDA) organized at the University Capitole I, Toulouse, France, a Colloquium on the theme "Sport
and Business Law" presented by its then President Tamara Dupuy and conducted under the aegis of the
University of Toulouse 1 Professor Arnaud de Bissy, Deputy Director of the Business Law Centre and
Grégory Singer, Doctor of Law, co-head of the Master in Sport Management at the University of Toulouse
1. Researcher member of ICALP Marine Lercier, Ph.D. candidate at the Faculty of Law of the Autonomous
University of Barcelona, was selected among other candidates to present her contribution on the welfare
and legal protection of animals used in sport, focusing in particular on the use of horses in sports as a means
of profit for companies through the example of horse racing. The opportunity to participate in this
Symposium on the theme of Sports and Business Law to address the protection and legal consideration of
animals in the context of human economic activities is a victory for all experts and enthusiasts of Animal
Law and for the pioneering role of the Autonomous University of Barcelona in promoting and supporting
studies and research in Animal Law, and for the ICALP (International Center for Animal Law and Policy)
that Marine Lercier represented.

This report provides an overview of underpayment issues for migrant workers in Australia. It also prevents fresh data from A/Professor Boucher's Migrant Worker Rights Database that tracks the rights of migrant workers across a twenty-year period in four countries, using analysis of legal documents. The report addresses the major terms of reference of the Australian Senate, focusing in one migrant workers while also considering the broader implications for the wider labour force.

Resumen: En la actualidad, todos los acuerdos de libre comercio de "nueva generación" celebrados por la Unión Europea con terceros Estados incorporan en su articulado un capítulo relativo a "comercio y desarrollo sostenible", cuya finalidad es renovar el compromiso de las Partes con diferentes normas internacionales de protección del medio ambiente y de los derechos laborales fundamentales. No obstante, esta serie de capítulos adolecen de diversos límites estructurales que redundan en una deficiente implementación práctica de los mismos, motivo por el cual, en el presente trabajo, se analizarán las propuestas de mejora identificadas por la doctrina y por la Comisión Europea para una efectiva protección del medio ambiente y de los derechos laborales más elementales en las relaciones comerciales de la Unión Europea con terceros Estados y bloques comerciales. Palabras clave: acuerdos de libre comercio; nueva generación; capítulos de comercio y desarrollo sostenible; Unión Europea; límites; propuestas de mejora. Summary: Nowadays, all the European Union "new generation" Free Trade Agreements incorporate a chapter related to "trade and sustainable development", whose purpose is to renew the commitment of the Parties with various international standards for the protection of the environment and the core labour standards. However, this chapters suffer from a series of structural limits that result in a deficient practical implementation, which is why, in the present article, the various improvement proposals identified by the doctrine and by the European Commission for an effective protection of the environment and the most basic labour rights in the European Union commercial relations with third States and regions will be analysed.

Siegmann argues that as the ILO celebrates its centenary this year, ‘the international organisation for labour rights protection has yet to come out as an advocate for decent work for sex workers.’ This means that the organisation will have to change its perspective of seeing ‘sex work as an occupation that it considers harmful for children as well as involving a high risk of forced labour and HIV infection.’ For Siegmann, the ILO has to engage the various struggles by sex workers and activists who have demanded recognition of sex work as work, labour rights equal to workers in other industries, freedom of association and the right to collective bargaining.

In the wake of the European Union’s austerity measures, Greece has modified its national legislation, in part to meet the demands of its official creditors—the Troika (European Central Bank, European Commission, International Monetary Fund) and the European Stability Mechanism (esm)—in return for three loan agreements. The first financial rescue was launched by the Troika in 2010 (Memorandum of Understanding i) and the second in 2012 (Memorandum of Understanding ii). In August 2015, the esm Board of Governors then approved a new stability support program for Greece, co-signed by the Greek authorities

Two decades ago, exposés of child labor, forced labor,
and other worker rights violations in subcontracted
systems of production gave rise to global corporations
recognizing the need to commit to corporate social
responsibility (CSR) principles, which in turn led to
extensive programs and policies and supply chain
monitoring programs. Many brands have since
recognized the shortcomings of these CSR initiatives,
which have been mostly voluntary, confidential
schemes developed by corporations themselves or
by multi-stakeholder initiatives lacking meaningful
involvement from the workers whom the initiatives
purport to serve. In response to the widely documented
failures of this billion dollar CSR industry1
to protect
workers’ rights, workers and their organizations
have been exploring new models for engaging
global brands to negotiate enforceable agreements
and advance worker-driven social responsibility2
–
ones that are not confidential, self-regulating, or
management-driven. Our vision for more effective
corporate accountability is one that ensures a
meaningful role for the impacted workers in both
the implementation and oversight of the initiative.

Paper Presentation at the Conference Transnational Labour Law in an Era of Rising Nationalism: A New Role of Public Institutions for Sustainable Market Practices? (Max Planck Institute for Comparative Public Law and International Law, University of Bristol and University of Oslo/SMART June 2018)

El artículo aborda las principales aristas de la impunidad con la que las actividades ETN están causando violaciones de derechos humanos; a continuación se acomete un doble análisis. En primer lugar, van a señalarse de manera breve algunos ejemplos de normas o iniciativas que, en el ámbito estatal, regional e
internacional pretenden incidir sobre la cuestión, con especial incidencia en el ámbito de Naciones Unidas y en la insuficiencia del marco actual, es decir los
Principios Rectores; en segundo lugar, se dedicará el último epígrafe a sostener la necesidad de un Instrumento internacional jurídicamente vinculante sobre empresas transnacionales y derechos humanos, como el que se está elaborando por el Grupo de Trabajo Intergubernamental de Composición Abierta, presidido
por el Ecuador en el marco de la Resolución 26/9.

Purpose. The aim of this paper is to analyze the transition from informal to formal labour in Ecuador in the last decade.
Design/ methodology/ approach. The analysis will focus on two current challenges: the inclusion of self-employed workers and that of unpaid home workers (TNRH) in the national social security system.
Findings. Ecuador has become an interesting case with significant changes in terms of formalisation, labour market composition and the evolution of the labour and social security legal framework.
Research limitations/implications. Although significant progress, economic and labour informality is still a major issue in Ecuador, as it affects some 50% of its working population.
Originality/ value. The paper presents some proposals concerning public policies aimed at promoting formalisation and decent work by adopting a gender perspective

The Northern Province of Sri Lanka is emerging out of a protracted and devastating civil war between July 1983 and May 2009, during which time almost one hundred thousand people died, a majority of them civilians, upto eight hundred thousand people were internally displaced, and another two hundred thousand people fled abroad as refugees.

Additionally, most of the democratic institutions, including the collectivisation of labour, were decimated in the civil war affected Eastern and Northern Provinces of Sri Lanka. The inalienable human rights of the dispossessed castes, class, and gender of people of the conflict affected districts were submerged into the overarching cause of the “national liberation” struggle.

The overarching objective of this mapping exercise is to identify the nature and extent of precarious labour in the conflict-affected Northern Province of Sri Lanka. In order to fulfill the foregoing overarching objective, the extent of collectivisation of labour (or lack thereof), labour struggles, health and safety facilities for labour (or lack thereof) at workplaces, the extent of monitoring of such health and safety facilities and labour entitlements by the regulatory authorities, and physical, psychological and social support systems for female workers (or lack thereof) were probed through questionnaire based interviews. (See also Solidarity Center, 2016)

The main argument put forward in the article is that MERCOSUR accommodated the protection of human rights as non-trade issues in its institutional framework, analysing the conflict between the protection of human rights and trade issues at the sub-regional level. In order to give a complete and clear picture of these developments, the paper examines member states' constitutional provisions and the implementation of MERCOSUR labour and environmental standards before national courts.

El reconocimiento del derecho de huelga de los trabajadores inmigrantes es un tema tratado profusamente tras las sentencias del Tribunal Constitucional de 2007. Más allá de la importancia de este reconocimiento, es necesario abordar la complicada cuestión del déficit de condiciones jurídicas y materiales para hacer posible el ejercicio efectivo de este derecho, en particular en un contexto en el cual la situación de crisis económica y de desempleo ha afectado particularmente al colectivo de trabajadores inmigrantes. El estudio de la regulación de este derecho en el contexto señalado demuestra cómo las condiciones jurídicoadministrativas que encuadran el reconocimiento del derecho al trabajo de las personas inmigrantes impiden el establecimiento de las adecuadas garantías para que el ejercicio del derecho de huelga pueda realizarse en condiciones de igualdad con el resto de los trabajadores asalariados. Esta situación supone una cortapisa no sólo del efectivo ejercicio del derecho sino de sus potencial como vía para la reivindicación de derechos de ciudadanía para las personas inmigrantes.

La crisis del empleo y las reformas laborales precarizadoras del trabajo asalariado han aumentado la discriminación por razón de género en el mercado laboral y la división sexual del trabajo. Como demuestran los datos del mercado de trabajo, y aunque en cuestiones cuantitativas respecto del desempleo, actividad y ocupación se hayan reducido las brechas entre mujeres y hombres, las diferentes manifestaciones de la precarización están afectando más a las primeras que a los segundos. Esto es en buena medida consecuencia de una serie de reformas laborales y de seguridad social erróneas que colocan el objetivo de la creación de empleo por encima de la protección del trabajo digno y de la eliminación de la discriminación en las relaciones laborales. Así, la escasa recuperación, fundamentada en la creación de trabajo temporal, se está centrando en el trabajo masculino, reabriéndose las brechas que se cerraron durante los primeros años de la crisis económica. Mientras, de manera paralela, la retirada del Estado en la provisión de servicios de atención y cuidados está produciendo una profundización en la crisis de los cuidados, que siguen siendo asumidos fundamentalmente por mujeres.