P.E. Morozov. The Role and the Meaning of the UN and the ILO Acts as Sources of Labour Law under Globalization

Abstract: The article is devoted to the actual problem of international legal regulation of labour relations under globalization. Conception of protection of labor rights of employees is analyzed in this scientific work in aspect of impact of the UN and the ILO Acts on the development of Labor Law of foreign countries. Genesis of International Labor Law under globalization is characterized in this research as an adequate response to the challenges which the process of global economic, legal and social integration puts before the world community. The author underlines the specific role of the UN and the ILO Acts in new conditions which have found their realization in the interconnection between activisation of lawmaking process of International organizations and decisions of Bretton Woods Conference of 1944 in the form of adoption of Universal Declaration of Human Rights, International Covenant On Economic, Social And Cultural Rights, and International Covenant On Civil And Political Rights. Special attention is paid to the ILO Act named “Decent Work Agenda” which contains porpoises and principles of decent work. The author stresses that the conception of decent work is a system of measures carried out by ILO for elimination of negative trends which were caused by globalization processes such as “informal employment,” “precarious work,” violation of labor rights of employees. The components of decent work – productive work, protection of labour rights of employees, faire remuneration, social security, social dialogue are analyzed too. The author makes the following conclusion- global economic crisis has lead to the new understanding of the role and the meaning of decent work, which resulted in the ILO Declaration “Social Justice For A Faire Globalization” (2008) adopted by the 97 Session of General Conference of ILO. Nowadays the Decent Work Agenda can be summarized as a promotion of employment by creating a sustainable institutional and economic environment; developing and enhancing measures of social protection – social security and labour protection; promoting social dialogue and tripartism as the most appropriate methods for making labour law and institutions effective, including in respect of the recognition of the employment relationships, the promotion of good industrial relations and the building of effective labour inspection systems; respecting, promoting and realizing the fundamental principles and rights at work. The author characterizes different pointes of view of foreign scientists on the role and the meaning of the UN and the ILO Acts and comes to the conclusion that the main task of the Labor Law is seen in optimization of protection of rights and interests of employees. Much attention is paid to the labor law of the USA because they have a long history of realization of the UN and ILO Acts under globalization.

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