Paid Time Off MattersA (slow) progress report

Microsoft and Human Rights: what about starting to promote human rights at home for Microsoft's suppliers employees in the US?

Technology for human rights: UN Human Rights Office announces landmark partnership with Microsoft is the title of the press release distributed today by Microsoft and the UN office (see below). It is widely reproduced in the media that glorify Microsoft's generosity with their yearly $1 million grant to the UN Human Rights office for the next five years. See this post on Geekwire for the joined video presentation. The UN is presently running a campaign Stand up for someone's rights today that starts with this quote from Eleanor Roosevelt:
“Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world."
Eleanor Roosevelt
Driving force behind the Universal Declaration of Human Rights

I completely agree with Eleanor and my first reaction, beyond an automatic thank you note was to think about Microsoft's responsibilities 'in small places close to home' like toward the thousands of people they employ via vendors in the US, especially in Redmond and Bellevue. I was one of them for several years when we had zero paid time leave despite the fact paid leave is part of the Universal Declaration of Human Rights (articles 24 and 25.2) and the other conventions Microsoft claims it intends to implement like the International Covenant on Economic Social and Cultural Rights of 1966/1976. Articles 7d and 10.2 state: 

(the present Covenant recognize the right of everyone to)

(7.d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

10.2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

Are those rights asserted 50 years ago implemented today by Microsoft for it's suppliers employees in the US? Two years ago, on March 26, 2015, Brad smith announced a requirement that should provide 'at least 15 days of paid time off' for those employees. That was certainly a step into the right direction but it fell short of what the UN covenants demand: there is no mention of paid public holidays nor any mention of paid parental leave, specific paid leaves that should be provided on top of the basic 'at least 15 days of paid time off'. As Microsoft reasserts publicly its commitment to human rights and how big data technology can help, I want to use this opportunity to challenge Microsoft to follow Eleanor Roosevelt's recommendation: survey all your supplier's employees to check the type of paid leaves they provide, especially paid holidays and paid parental leave. Also ask the employees how they feel and what their wishes would be. Last but not least, estimate how much fully providing for those paid leaves would cost and how it could be quickly implemented. Who am I to dare making such a request? A former so called 'temporary worker' ready, as the UN invites us, to stand up for someone's rights today. By the way, providing all the 'temps' with 10 paid public holidays would represent a yearly investment of at least $50 million. A bit more than the $1 million Microsoft is going to give to the UN Office for Human Rights. That would be a real commitment, right here, in the US but that would still do nothing specific for all the families with a new child.

Chuck Collins about "Rule changes that raise the floor". Where does Microsoft stand?

In his book 99 to 1 Chuck Collins writes (page 98): "Policies that raise the floor reduce poverty and establish a fundamental minimum standard of decency that no one will fall below...One third of people in the United States have no paid sick days and one half have no paid vacation days. Everyone deserve the right to take (paid) time off when sick and have a few weeks of (paid) vacation each year. In the rest of the developed world, these are considered basic human rights."

As we have seen those paid leaves are incorporated in various UN human rights documents that Microsoft claimed it is committed to implement.

 

Microsoft's Corporate Social Responsibility Report for 2016: What's to be done?

On October 18, 2016, Microsoft published it's 2016 Corporate Social Responsibility Report. We did not see any public article or comment about it. We think it is an important document as it reiterates Microsoft stated commitment to respect human rights as they are detailed in the Universal Declaration of Human Rights and the covenants listed below. As you can see this commitment  also clearly includes Microsoft's suppliers employees. Unfortunately, as we had noticed one year ago, Microsoft remains in breach of several clauses of the International Covenant on Economic, Social and Cultural Rights adopted 50 years ago.

What's to be done to incite Microsoft to implement it's commitment so that it's suppliers employees get paid public holidays on top of the present minimal standard of 15 days of 'paid time off' and specific paid parental leave? We think shareholder activism is presently the best way to raise the issue with Microsoft's leadership.

Unpaid public holidays and no paid parental leave: Microsoft and Lionbridge are Scrooge like companies

In December 2012, Henry Blodget wrote a post in Business Insider about the Scrooge Award he gave to Corporate America. Three years later, as Xmas is coming, Microsoft and Lionbridge jointly deserve a Scrooge Award for not providing paid public holidays to all their employees. As we are not paid during those public holidays we suffer a loss of income that takes a big part of the fun out of this period as we worry about how we are going to compensate for this $ loss. Could it be possible that Microsoft does not know its trusted Lionbridge supplier does not pay for public holidays? It is doubtful as Microsoft directly profits by not paying either for those public holidays. Yes, some suppliers are more human and do pay those days to their workers (like WIPRO does). As we noted in the previous post, Microsoft should require all its suppliers to provide paid public holidays as this is clearly mentioned in article 7 (d) of the International Covenant on Economic, Social and Cultural Rights: "Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays ", and Microsoft claims it is committed to implement this Convention. We'll keep denouncing this Scrooge-like behavior until it changes. Of course in these times of celebrating a nativity we'll add to our outrage the lack of any paid parental leave. The Universal Declaration of HumanRights and the International Covenant on Economic, Social and Cultural Rights also contain dispositions for pregnant moms. Article 25.2 of the UDHR states: "Motherhood and childhood are entitled to special care and assistance". Article 10.2 of the Internal Covenant on Economic, Social and Cultural Rights states: "Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits." 50 years later, as this Convention was adopted in 1966, these benefits are still not required by Microsoft for all its suppliers. Although this Convention was never ratified by the US Senate, Microsoft voluntarily committed itself to implement all its content (as far as it was relevant to its responsibilities as a multinational corporation) when they joined the UN Global Compact in ... 2006.  9 years later Microsoft is still not respecting its commitment to implement dispositions adopted 50 years ago and implemented routinely in most industrialized countries, including by Microsoft's subsidiaries operating in those countries. Lionbridge Technologies does not give a damn about the UN Global Compact but their subsidiaries in other countries also have to respect those dispositions. Only in the US...

 

Microsoft Global Human Rights Statement: How It Can Help Determine Paid Leave Standards

Here is Microsoft's Global Human Rights Statement. It derives from 2006 Microsoft signature into the UN Global Compact that aims at improving how multinational corporations promote human rights. You could think this is far away from the issues of paid leaves but when Microsoft commits itself to the implementation of the Universal Declaration of Human Rights  and the International Labor Organization (ILO) Conventions (including the C-132 Annual Holidays with Pay Convention?) those documents refer to specific standards as far as paid leaves are concerned: article 24 of the Declaration makes 'periodic holidays with pay" a human right and the C-132 Convention makes 3 weeks the minimum standard for paid vacation (article 3), excluding the legal holidays that have to be added to those 3 weeks (article 6).

Microsoft follows those standards for its full time employees and Lionbridge almost does as well except the length of paid time off they offer to their FTEs start at 12 days, instead of 15. Both companies compensate they FTEs during the legal holidays and do not include them as PTO.

We think the same standard should apply to all Microsoft's supplier's employees.