LLM Student at School of Law, Pondicherry University, India
LLM Student at School of Law, Pondicherry University, India
This paper examines how job creation legislation may simultaneously stimulate economic growth and protect fundamental human rights, proposing a "dual mandate" framework for inclusive labor market development. Drawing on international human right law and labor economics, the study analyzes how well-designed employment laws fulfill both market functions and rights obligations through comparative case studies of six countries (Germany, South Africa, Brazil, India, United States, and Rwanda). The research paper identifies four key legislative strategies that advance this dual mandate anti-discrimination provisions expanding access to work (exemplified by South Africa's Broad-Based Black Economic Empowerment Act), wage protection systems ensuring decent living standards (demonstrated by Seattle's $15 minimum wage policy), job guarantee programs reducing exclusion (illustrated by India's Mahatma Gandhi National Rural Employment Guarantee Act), and just transition policies addressing technological displacement (seen in the EU's Green Deal Industrial Plan). Methodologically, the research employs policy analysis, longitudinal employment data, and human rights indicators to assess how these interventions balance economic efficiency with rights protections. Outcomes reveal that rights-aligned job legislation creates more sustainable labor markets: for instance, Brazil's disability employment quotas increased formal sector inclusion by 18% while reducing rights violations, and Rwanda's 2021 entrepreneurship law boosted job creation by 22% alongside gender parity improvements. Though, the research also uncovers tensions, particularly in gig economy regulation and global supply chain governance, where business interests often conflict with worker protections. The research contributes to both economic and human rights scholarship by demonstrating that the most effective job creation laws share three characteristics they are participatory (developed through social dialogue), measurable (assessed by both employment numbers and rights outcomes), and adaptive (responsive to technological and ecological transitions). It concludes with policy recommendation for implementing this dual mandate, emphasizing tripartite governance models and climate-sensitive labor codes. By bridging the gap between market-focused and rights-based approaches, the study offers a roadmap for legislation that attains equitable economic growth while upholding the fundamental right to decent work.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2468 - 2481
DOI: https://doij.org/10.10000/IJLMH.1110128This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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