There is no single definition or definitive list of workers’ rights. The International Labor Organization (ILO) identifies what it calls “fundamental principles and rights at work” that all ILO Members have an obligation to respect and promote, which are:
• freedom of association and the effective recognition of the right to collective bargaining;
• elimination of all forms of forced or compulsory labor;
• effective abolition of child labor; and
• elimination of discrimination in respect of employment and occupation.
The ILO has adopted—and supervises the application of—international labor conventions in each of these areas. Other important ILO standards deal with conditions of work, including occupational safety and health, wages, and hours of work, but these standards are not considered fundamental or core conventions.
United States trade law adds acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health to that list, calling them “internationally recognized labor rights.”
In the United States, federal law provides minimum standards or rights for workers regarding occupational safety and health, wages, family and medical leave, and hours of work. And many states have laws that protect workers as well. When state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.
In Indiana, workers' rights are protected by a combination of federal law and state statutes. Federally, workers are entitled to minimum standards regarding occupational safety and health (OSHA), minimum wage (Fair Labor Standards Act), family and medical leave (FMLA), and regulations on hours of work. Indiana state law complements these protections and may offer additional rights to workers. For instance, Indiana has its own Occupational Safety and Health Administration (IOSHA) that works in tandem with federal OSHA to ensure workplace safety. The state also enforces its own minimum wage, which must at least meet the federal minimum wage, and may provide for greater protections in areas such as non-discrimination and workers' compensation. If Indiana's laws offer greater protections than federal laws, the state laws will apply, giving workers the benefit of the highest standard of rights available. Additionally, workers in Indiana have the right to freedom of association and collective bargaining, and the state enforces laws against forced labor, child labor, and employment discrimination, reflecting the fundamental principles outlined by the International Labor Organization (ILO).