Friday, December 11, 2015
How Microsoft does not implement its proclaimed commitment to respect all the human rights in the Universal Declaration and the International Covenant on Economic, Social and Cultural Rights
It's December 10 again, Human Rights Day again and this year Microsoft is still in violation of its commitment stated as follows:
"Since endorsing the UN Global Compact in 2006, Microsoft has had a formal commitment to respecting all of the human rights enumerated in the Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; and ILO Declaration on Fundamental Principles and Rights at Work. "
This year's Human Rights Day is devoted to the launch of a year-long campaign for the 50th anniversary of the two International Covenants on Human Rights: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which were adopted by the United Nations General Assembly on 16 December 1966. Let us look at article 7 (d) of the International Covenant on Economic, Social and Cultural Rights: "Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays "
It is clear that paid leave should include periodic vacation AND the payment of the public holidays. When they announced their new requirement of 'at least 15 days of paid time off', Microsoft ignored the specific requirement by the UN texts that public holidays be paid, on top of the basic paid vacation. Requiring only 15 days of paid time off, without adding to this mandate the payment of the public holidays deprives full time supplier's employees of any payment when Microsoft closes its offices for ten public holidays during the year.
This distinction is clearly confirmed in the 1970 Convention on paid holidays: see article 3.3 and article 6.1
Ten unpaid public holidays represent millions of dollars that are not paid to thousands of Microsoft's suppliers employees, mostly employees that are paid the less. How long will it take for Microsoft to respect its commitment?