Objectives, Obligations and Principles
Objectives of the NAALC
- To improve working conditions and living standards in each Party's territory.
- To promote, to the maximum extent possible, the labor principles set out in the Agreement.
- To encourage cooperation to promote innovation and rising levels of productivity and quality.
- To encourage publication and exchange of information, data development and coordination, and joint studies to enhance mutually beneficial understanding of the laws and institutions governing labor in each Party's territory.
- To pursue cooperative labor-related activities on the basis of mutual benefit.
- To promote compliance with, and effective enforcement by each Party of, its labor law.
- To foster transparency in the administration of labor law.
Obligations under the NAALC
Levels of Protection: Affirming full respect for each Party's constitution, each Party shall ensure that its labor laws and regulations provide for high labor standards, consistent with high quality and high productivity workplaces, and shall continue to strive to improve those standards in that light.
Government Enforcement Action: Each Party shall promote compliance with and effectively enforce its labor law through appropriate government action. Each Party shall ensure that its competent authorities give due consideration to any request for an investigation of an alleged violation of the Party's labor law.
Private Action: Each Party shall ensure that persons with a legally recognized interest in a particular matter have appropriate access to tribunals for the enforcement of the Party's labor law. Each Party's law shall ensure that such persons may have recourse to procedures by which rights arising under its labor law and collective agreements can be enforced.
Procedural Guarantees: Each Party shall ensure that its proceedings for the enforcement of its labor law are fair, equitable and transparent. Each Party shall provide that final decisions on the merits of the case are in writing, made available without undue delay and based on information or evidence. Each Party shall provide the right to seek review and correction of final decisions. Each Party shall ensure that tribunals are impartial and independent. Each Party shall provide remedies to ensure the enforcement of their labor rights. Each Party may, as appropriate, adopt or maintain labor defense offices to represent or advise workers or their organizations.
Publication: Each Party shall ensure that its laws, regulations, procedures and administrative rulings are promptly published or otherwise made available.
Public Information and Awareness: Each Party shall promote public awareness of its labor law by ensuring that public information is available and by promoting public education.
Labor Principles of the NAALC
- Freedom of association and protection of the right to organize.
- The right to bargain collectively.
- The right to strike.
- Prohibition of forced labor.
- Labor protections for children and young persons.
- Minimum employment standards.
- Elimination of employment discrimination.
- Equal pay for women and men.
- Prevention of occupational injuries and illnesses.
- Compensation in cases of occupational injuries and illnesses.
- Protection of migrant workers.