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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 South Carolina, workers' rights are governed by a combination of federal law and state statutes. Federal law sets minimum standards for occupational safety and health, wages, family and medical leave, and hours of work, as outlined by the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), the Family and Medical Leave Act (FMLA), and other legislation. These laws ensure basic workers' rights such as minimum wage, overtime pay, and safe working conditions. South Carolina state law complements federal regulations and may offer additional protections. For instance, while South Carolina does not have a state-specific minimum wage law, it defaults to the federal minimum wage rate. The state also upholds the right to collective bargaining, prohibits forced labor and child labor, and enforces laws against employment discrimination. If state laws provide greater protections than federal laws, workers in South Carolina are entitled to these higher standards. However, it's important to note that South Carolina is a 'right-to-work' state, meaning that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union.