Farm Labor Rights | DreamWork Network

Farm labor is a critical component of the global food system, providing the essential workforce needed to cultivate, harvest, and process the crops and livestock that feed the world. However, despite their vital role, farm workers often face significant challenges and vulnerabilities, including low wages, hazardous working conditions, limited access to social protections, and discrimination and abuse. Ensuring the rights and well-being of farm workers is not only a moral imperative but also a key factor in the sustainability and resilience of agricultural systems.

Legal and Regulatory Frameworks

Farm labor rights are governed by a complex and fragmented set of legal and regulatory frameworks at the national and international levels, which vary widely in their scope, coverage, and enforcement. Some of the key legal and regulatory instruments related to farm labor rights include:

International Labor Standards

The International Labour Organization (ILO), a specialized agency of the United Nations, has developed a comprehensive set of international labor standards that apply to all workers, including those in agriculture.

These standards are laid out in several conventions and recommendations, which cover topics such as:

Freedom of association and collective bargaining (Convention No. 87 and No. 98)
Forced labor and human trafficking (Convention No. 29 and No. 105)
Child labor and minimum age (Convention No. 138 and No. 182)
Discrimination and equal remuneration (Convention No. 100 and No. 111)
Occupational safety and health (Convention No. 155 and No. 184)
Social security and protection (Convention No. 102 and No. 121)

While these conventions are legally binding for the countries that have ratified them, their implementation and enforcement vary widely, and many countries have not ratified or fully complied with all the relevant conventions. In addition, the ILO has also developed several non-binding guidelines and codes of practice specific to the agriculture sector, such as the Safety and Health in Agriculture Convention (No. 184) and the Code of Practice on Safety and Health in Agriculture.

National Labor Laws

At the national level, farm labor rights are typically governed by a combination of general labor laws and regulations, as well as specific laws and programs targeted at the agriculture sector. The scope and content of these laws vary widely across countries, but they typically cover issues such as:

Minimum wages and overtime pay
Working hours and rest periods
Occupational safety and health standards
Workers' compensation and insurance
Collective bargaining and union rights
Discrimination and harassment protections
Temporary and migrant worker protections

However, in many countries, agricultural workers are partially or fully excluded from the coverage of national labor laws or are subject to lower standards and protections compared to workers in other sectors. For example, in the United States, farm workers are exempt from the National Labor Relations Act, which guarantees the right to organize and bargain collectively, and are also excluded from certain provisions of the Fair Labor Standards Act, such as overtime pay and minimum wage requirements.

International Trade Agreements

International trade agreements, such as bilateral and regional free trade agreements, can also have significant implications for farm labor rights, by setting standards and requirements for labor practices and working conditions in the countries involved in the trade. For example, the United States-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) in 2020, includes a labor chapter that requires the parties to adopt and maintain certain labor rights and standards, such as freedom of association, collective bargaining, and the elimination of forced labor and discrimination.

However, the effectiveness and enforcement of these labor provisions in trade agreements have been mixed, and have often been criticized for being too weak or subordinate to commercial interests. In addition, trade agreements can also have unintended consequences for farm labor, such as increasing competition and downward pressure on wages and working conditions, or displacing small-scale and subsistence farmers in favor of large-scale and export-oriented agriculture.

Common Violations and Abuses

Despite the existence of legal and regulatory frameworks, farm workers continue to face widespread violations and abuses of their rights, both in developing and developed countries. Some of the most common and serious issues include:

Forced Labor and Human Trafficking

Forced labor and human trafficking are prevalent in the agriculture sector, particularly in the production of labor-intensive crops such as cotton, cocoa, and palm oil, and in the recruitment and employment of migrant and seasonal workers. According to the ILO, agriculture accounts for the largest share of forced labor globally, with an estimated 11.8 million victims, or 37% of the total.

Forced labor in agriculture can take many forms, such as debt bondage, where workers are trapped in a cycle of debt and forced to work to pay off their obligations; involuntary confinement, where workers are physically prevented from leaving their workplace or living quarters; and withholding of wages, documents, or other valuable possessions. Migrant workers are particularly vulnerable to trafficking and forced labor, due to their precarious legal status, language barriers, and lack of social networks and support systems.

Child Labor

Child labor is another pervasive problem in agriculture, with an estimated 108 million children engaged in agricultural work globally, accounting for 70% of all child labor. While not all work performed by children is considered harmful or illegal, much of the child labor in agriculture involves hazardous activities, such as handling pesticides and heavy machinery, carrying heavy loads, and working long hours in extreme weather conditions.

Child labor in agriculture is driven by a combination of factors, including poverty, lack of access to education, and cultural attitudes and practices. It can have severe and long-lasting consequences for children's physical, cognitive, and social development, as well as perpetuating cycles of poverty and inequality. Efforts to eliminate child labor in agriculture include improving access to education, providing social protection and livelihood support to families, and enforcing minimum age and hazardous work prohibitions.

Occupational Safety and Health Hazards

Agriculture is one of the most hazardous sectors, with high rates of injuries, illnesses, and fatalities among workers. According to the ILO, at least 170,000 agricultural workers are killed each year, and millions more suffer from non-fatal injuries and illnesses, such as musculoskeletal disorders, pesticide poisoning, heat stress, and zoonotic diseases.

The hazards faced by agricultural workers are numerous and varied and can include exposure to toxic chemicals, dangerous machinery and equipment, extreme weather conditions, and physically demanding and repetitive tasks. These hazards are often exacerbated by inadequate safety training and equipment, lack of access to healthcare and compensation, and pressure to meet production targets and deadlines.

Improving occupational safety and health in agriculture requires a comprehensive and proactive approach, including risk assessment and control, training and education, provision of appropriate equipment and facilities, and strong enforcement and compliance mechanisms. It also requires addressing the root causes of unsafe and unhealthy working conditions, such as low wages, job insecurity, and power imbalances between workers and employers.

Wage Theft and Exploitation

Wage theft and exploitation are widespread problems in agriculture, particularly for migrant and seasonal workers who are often paid piece rates or subminimum wages, and who may face language barriers, immigration status vulnerabilities, and limited access to legal protections and remedies.

Common forms of wage theft in agriculture include failure to pay minimum wage or overtime, illegal deductions for tools, equipment, or housing, and misclassification of workers as independent contractors or exempt employees. Wage theft can also take the form of forced unpaid work, such as requiring workers to perform tasks outside of their job duties or to work off the clock.

Combating wage theft and exploitation in agriculture requires a multi-faceted approach, including strong enforcement of labor laws and regulations, education and outreach to workers about their rights and how to seek redress, and policies and programs to address the underlying power imbalances and vulnerabilities that enable exploitation, such as immigration reform, collective bargaining, and social protection.

Discrimination and Harassment

Discrimination and harassment are pervasive problems in agriculture, particularly for women, racial and ethnic minorities, and LGBTQ+ workers. According to a survey by the Alianza Nacional de Campesinas, a national organization of farmworker women in the United States, 80% of farmworker women have experienced some form of sexual violence, including sexual assault, stalking, and unwanted touching.

Discrimination and harassment in agriculture can take many forms, such as unequal pay and promotion opportunities, racial and sexual slurs and jokes, physical and sexual assault, and retaliation for reporting or resisting abuse. These abuses are often enabled by power imbalances between workers and supervisors, a lack of reporting and accountability mechanisms, and cultural norms and attitudes that tolerate or normalize discrimination and harassment.

Addressing discrimination and harassment in agriculture requires a comprehensive and proactive approach, including strong anti-discrimination and anti-harassment policies and procedures, regular training and education for workers and supervisors, multiple and accessible reporting channels, prompt and thorough investigations and corrective actions, and protection against retaliation. It also requires challenging and transforming the underlying cultural norms and power structures that perpetuate discrimination and harassment, through leadership, advocacy, and social change.

Strategies and Initiatives

To address the violations and abuses faced by farm workers, and to promote and protect their rights and well-being, a wide range of strategies and initiatives have been developed and implemented by governments, employers, unions, and civil society organizations. Some of the key approaches include:

Labor Law Enforcement and Compliance

Strengthening the enforcement and compliance of existing labor laws and regulations is a critical strategy for protecting farm worker rights. This can involve increasing the resources and capacity of labor inspectorates and enforcement agencies, conducting targeted and proactive inspections in high-risk sectors and regions, and imposing meaningful penalties and sanctions for violations.

In addition to government enforcement, private-sector compliance initiatives can also play a role in promoting farm labor rights. For example, some companies have adopted voluntary labor standards and certification schemes, such as the Fair Food Program and the Equitable Food Initiative, which set requirements for working conditions and wages in their supply chains, and involve independent monitoring and verification.

However, the effectiveness of labor law enforcement and compliance initiatives can be limited by factors such as inadequate resources and political will, corruption and impunity, and the informal and dispersed nature of many agricultural workplaces. Addressing these challenges requires sustained and coordinated efforts by multiple stakeholders, as well as addressing the underlying drivers of labor rights violations, such as poverty, inequality, and power imbalances.

Collective Bargaining and Unionization

Collective bargaining and unionization are fundamental rights that allow workers to negotiate with their employers for better wages, benefits, and working conditions, and to have a voice in the decisions that affect their lives and livelihoods. However, in many countries, agricultural workers are excluded from or face significant barriers to exercising these rights, due to legal restrictions, employer opposition, and logistical challenges.

Promoting collective bargaining and unionization in agriculture requires a multi-faceted approach, including legal and policy reforms to extend coverage and protections to agricultural workers, capacity building and organizing support for unions and worker organizations, and public education and awareness raising about the benefits and importance of collective bargaining.

Successful examples of collective bargaining and unionization in agriculture include the United Farm Workers in the United States, which has won significant improvements in wages and working conditions for farm workers through strikes, boycotts, and legislative advocacy; and the Self-Employed Women's Association in India, which has organized and empowered millions of women workers in the informal sector, including in agriculture, through cooperatives, microfinance, and social protection.

Social Dialogue and Tripartism

Social dialogue and tripartism involve the participation and cooperation of governments, employers, and workers' organizations in the development and implementation of policies and programs related to labor and social issues. In the agriculture sector, social dialogue and tripartism can play a critical role in promoting farm labor rights, by fostering consensus and commitment among stakeholders, and ensuring that policies and programs are responsive to the needs and priorities of workers.

Examples of social dialogue and tripartism in agriculture include the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), a global federation of trade unions representing workers in the food and agriculture sectors, which engages in social dialogue with multinational companies and international organizations to promote decent work and sustainable agriculture; and the Tripartite Meeting on Decent Work in the Tea Industry, convened by the ILO in 2019, which brought together governments, employers, and workers from major tea-producing countries to discuss challenges and opportunities for promoting decent work in the sector.

However, social dialogue and tripartism in agriculture can also face challenges, such as the absence or weakness of representative workers' organizations, the resistance or unwillingness of some employers and governments to engage in meaningful dialogue, and the power imbalances and conflicting interests among stakeholders. Overcoming these challenges requires building the capacity and legitimacy of workers' organizations, creating enabling environments and incentives for social dialogue, and ensuring the transparency, accountability, and inclusivity of the process.

Supply Chain Responsibility and Transparency

Given the globalized and complex nature of many agricultural supply chains, ensuring farm labor rights requires the engagement and responsibility of all actors involved, from producers and suppliers to retailers and consumers. Supply chain responsibility and transparency initiatives aim to promote decent work and sustainable practices throughout the entire supply chain, by setting standards and expectations for labor practices, monitoring and disclosing performance, and engaging stakeholders in continuous improvement.

Examples of supply chain responsibility and transparency initiatives in agriculture include the Fair Labor Association, a multi-stakeholder organization that sets labor standards and conducts independent monitoring and verification in the apparel, footwear, and agricultural sectors; and the Roundtable on Sustainable Palm Oil, a global certification scheme that sets social and environmental criteria for the production and sourcing of palm oil, including respect for workers' rights and community land rights.

However, supply chain responsibility and transparency initiatives can also face challenges, such as the complexity and opacity of many agricultural supply chains, the lack of reliable and consistent data on labor practices and impacts, and the limited leverage and accountability of downstream actors over upstream suppliers. Addressing these challenges requires greater collaboration and alignment among stakeholders, investment in traceability and monitoring systems, and stronger incentives and consequences for non-compliance.

Advocacy and Campaigns

Advocacy and campaigns are important strategies for raising awareness, building public support, and pressuring decision-makers to take action on farm labor rights issues. Advocacy and campaigns can take many forms, from grassroots organizing and mobilization to media outreach and public education to policy advocacy and lobbying.

Examples of advocacy and campaigns on farm labor rights include the Coalition of Immokalee Workers' Campaign for Fair Food, which has successfully pressured major food retailers and restaurants to adopt higher labor standards and pay premiums to improve wages and working conditions for tomato workers in Florida; and the International Labor Rights Forum's campaigns on child labor and forced labor in the cocoa and cotton industries, which have raised public awareness and influenced policy debates and corporate practices.

However, advocacy and campaigns on farm labor rights can also face challenges, such as resistance and backlash from powerful interests, the difficulty of sustaining momentum and resources over the long term, and the need to balance short-term wins with long-term systemic change. Effective advocacy and campaigns require strategic planning and coordination, broad-based alliances and partnerships, and the active participation and leadership of affected workers and communities.

Cross-Cutting Issues and Considerations

In addition to the specific strategies and initiatives outlined above, there are also several cross-cutting issues and considerations that are critical for advancing farm labor rights in the context of global agriculture and food systems. These include:

Globalization and Trade

The globalization of agricultural production and trade has had significant impacts on farm labor rights, both positive and negative. On the one hand, globalization has created new opportunities for employment and income generation in many developing countries and has facilitated the spread of labor standards and best practices through global supply chains and trade agreements.

On the other hand, globalization has also exacerbated many of the challenges and vulnerabilities faced by farm workers, such as increased competition and downward pressure on wages and working conditions, the displacement of small-scale and subsistence farmers by large-scale and export-oriented agriculture, and the weakening of national labor laws and institutions in the face of global economic pressures.

Addressing the impacts of globalization on farm labor rights requires a multi-level and multi-stakeholder approach, including stronger labor provisions and enforcement mechanisms in trade agreements, greater corporate accountability and due diligence in global supply chains, and support for alternative trade models and practices that prioritize social and environmental sustainability, such as fair trade and solidarity economy.

Migration and Precarious Work

Migration and precarious work are also key issues affecting farm labor rights in many countries. Agriculture is a major employer of migrant workers, both internal and international, who often face unique vulnerabilities and challenges, such as language barriers, social isolation, legal insecurity, discrimination, and xenophobia.

Precarious work, characterized by low wages, limited benefits, job insecurity, and lack of social protection, is also prevalent in agriculture, particularly for seasonal, temporary, and informal workers. Precarious work can exacerbate the risks and impacts of other labor rights violations, such as forced labor, child labor, and occupational safety and health hazards.

Promoting the rights and well-being of migrant and precarious workers in agriculture requires a comprehensive and rights-based approach, including legal and policy reforms to extend labor protections and benefits to all workers, regardless of immigration status or employment arrangement; targeted outreach and support services for migrant and precarious workers, such as language training, legal assistance, and social integration programs; and addressing the root causes of migration and precarity, such as poverty, inequality, and lack of decent work opportunities in countries of origin.

Climate Change and Environmental Justice

Climate change and environmental degradation also have significant implications for farm labor rights and well-being. Agriculture is both a major contributor to and a victim of climate change, with impacts such as rising temperatures, changing precipitation patterns, and extreme weather events affecting crop yields, food security, and rural livelihoods. Farm workers are particularly vulnerable to the impacts of climate change, due to their exposure to heat stress, water scarcity, and other environmental hazards, as well as their limited adaptive capacity and social protection.

Addressing the impacts of climate change on farm workers requires a just transition approach that prioritizes the rights, needs, and participation of affected communities, and that integrates social and environmental sustainability goals. This can include measures such as promoting climate-resilient and agroecological farming practices, providing training and support for workers to adapt to changing conditions, and ensuring access to social protection and alternative livelihood opportunities.

Environmental justice is also a critical consideration for farm labor rights, as agricultural workers and communities are often disproportionately affected by environmental hazards and pollution, such as pesticide exposure, water contamination, and land degradation. Promoting environmental justice in agriculture requires addressing the root causes of environmental inequities, such as unequal access to resources and decision-making power, as well as implementing strong regulations and enforcement mechanisms to protect workers and communities from environmental harms.

Gender and Women's Rights

Gender and women's rights are also critical cross-cutting issues for farm labor rights. Women make up a significant proportion of the agricultural workforce, particularly in developing countries and in certain sectors such as horticulture and floriculture. However, women farm workers often face additional challenges and discrimination, such as unequal pay and opportunities, sexual harassment and violence, and lack of maternity protection and childcare support.

Promoting gender equality and women's rights in agriculture requires a multi-faceted approach, including legal and policy reforms to eliminate discrimination and ensure equal rights and protections for women workers; targeted programs and services to address the specific needs and priorities of women, such as reproductive health care, child care, and skills training; and addressing the underlying social norms and power imbalances that perpetuate gender inequalities, through education, awareness-raising, and social mobilization.

Successful examples of initiatives to promote women's rights in agriculture include the Women's Empowerment in Agriculture Index, a tool developed by USAID and partners to measure and track women's empowerment and inclusion in agricultural development projects; and the Rural Women's Movement in South Africa, a grassroots organization that advocates for the rights and livelihoods of rural women, including farm workers and small-scale farmers.

Role of Stakeholders

Advancing farm labor rights requires the active engagement and collaboration of multiple stakeholders, including governments, employers, unions, civil society organizations, and international institutions.

Each stakeholder has a unique role and responsibility in promoting and protecting the rights and well-being of farm workers:

Governments have the primary responsibility to enact and enforce labor laws and regulations, provide social protection and services, and create an enabling environment for decent work and sustainable agriculture. Governments can also play a role in promoting social dialogue and tripartism, supporting research and innovation, and engaging in international cooperation and standard-setting.
Employers, including farmers, agribusinesses, and food companies, have the responsibility to comply with labor laws and standards, provide decent working conditions and benefits, and respect workers' rights to organize and bargain collectively. Employers can also play a role in promoting social responsibility and sustainability in their supply chains, investing in worker training and development, and engaging in social dialogue and collective bargaining.
Unions and worker organizations play a critical role in organizing and representing farm workers, negotiating collective agreements, and advocating for better laws and policies. Unions can also provide services and support to workers, such as legal assistance, training, and social benefits, and engage in solidarity and coalition-building with other social movements and civil society organizations.
Civil society organizations, including NGOs, community groups, and consumer organizations, can play a role in raising awareness, mobilizing public support, and holding governments and companies accountable for protecting farm workers' rights. Civil society organizations can also provide services and support to workers, such as education, health care, and legal aid, and engage in advocacy and campaigns for policy and practice change.
International institutions, such as the ILO, FAO, and IUF, can play a role in setting international standards and guidelines, providing technical assistance and capacity building, and facilitating social dialogue and cooperation among stakeholders. International institutions can also support research and data collection, monitor and report on progress and challenges, and engage in advocacy and partnerships for decent work and sustainable agriculture.

Effective collaboration and coordination among these stakeholders is essential for achieving systemic and sustained improvements in farm labor rights. This requires building trust and mutual understanding, establishing common goals and metrics, sharing knowledge and resources, and creating spaces and mechanisms for ongoing dialogue and joint action.

Conclusion

Farm labor rights are a critical issue for the well-being and sustainability of agricultural workers, communities, and food systems around the world. Despite the existence of international and national legal and regulatory frameworks, farm workers continue to face significant challenges and violations of their rights, including forced labor, child labor, occupational safety and health hazards, wage theft and exploitation, and discrimination and harassment.

Addressing these challenges requires a comprehensive and multi-stakeholder approach that combines strategies such as labor law enforcement and compliance, collective bargaining and unionization, social dialogue and tripartism, supply chain responsibility and transparency, and advocacy and campaigns. It also requires addressing cross-cutting issues and considerations, such as the impacts of globalization and trade, migration and precarious work, climate change and environmental justice, and gender and women's rights.

Advancing farm labor rights is not only a matter of social justice and human rights but also a key enabler of sustainable agriculture and food security. When farm workers are able to work in safe, dignified, and rewarding conditions, they are more likely to be productive, innovative, and committed to their work, and to contribute to the resilience and sustainability of agricultural systems.

However, achieving decent work and rights for all farm workers is a long-term and complex process that requires sustained commitment, investment, and collaboration from all stakeholders, including governments, employers, unions, civil society organizations, and international institutions. It also requires addressing the underlying drivers and power imbalances that perpetuate labor rights violations and inequalities, such as poverty, discrimination, and lack of access to resources and opportunities.

As the world faces increasing challenges and opportunities related to sustainable agriculture, food security, and rural development, ensuring the rights and well-being of farm workers must be a top priority. By working together to promote and protect farm labor rights, we can build a more just, sustainable, and resilient future for all.