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04
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Pages:
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ABSTRACT
The article examines the history and development of international labor law. In addition, this article describes the
specific methods of international regulation of labor relations, history, the system of international legal norms,
international organizations operating in the field of international labor regulation. In addition, various approaches to
determining the legal nature of the branch of international labor law are analyzed.
KEYWORDS
International labor law, labor law, history of labor law, labor standards, implementation, international organizations.
INTRODUCTION
International labor law is a branch of international law
whose norms define the rights and obligations of
States in the field of regulating working conditions. The
content of the subject of international labor law
consists of labor and other directly related relations.
The International Labor Organization (ILO) and the
World Trade Organization (WTO) are considered the
main bodies involved in the implementation of labor
markets.
International labor standards, guidelines in the
international legal regulation of labor relations,
expressed in international treaties, agreements, acts of
a recommendatory nature and aimed at improving the
system of internal national labor law. The main
purpose of such stereotypes is to maintain the least
degree of protection from inhumane labor practices
throughout society by adopting and implementing
proven measures.
From the point of view of theory, for ethical reasons, it
is argued that there are specific special human rights
that are considered universal for humanity. Thus,
ensuring such rights in the workplace as protection
from aggression in the workplace, bullying, gender
inequality and discrimination, and on the other hand,
for diversity in work, empowerment, and democracy in
Research Article
THE HISTORY OF THE DEVELOPMENT OF INTERNATIONAL LABOR LAW
Submission Date:
January 20, 2024,
Accepted Date:
January 25, 2024,
Published Date:
January 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-18
Abdullaeva Dilfuza
Associate Professor Of Tashkent State University Of Law Doctor Of Philosophy (Phd) In Law Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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SJIF
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(2021:
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(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
the workplace become the main goal of international
labor standards.
The existence of international labor standards does
not imply implementation or enforcement; in real-
world cases, formal agreements and contracts
emanating from international institutions have been
used.
Currently, labor law is a branch of law that regulates
the complex of social relations arising in the process of
employing hired labor. The main objectives of labor law
are to create the necessary legal conditions to achieve
optimal coordination of the interests of the parties to
labor relations, the interests of the state, legal
regulation of labor and other directly related relations
[1].
The development of international labor standards and
laws can be dated to the late 19th and early 20th
centuries, when trade unions and labor movements
began to gain political influence. At that time, workers
had to put up with unpleasant working conditions, long
hours, low pay and virtually no legal protection. The
First International was founded in 1864 as a federation
of trade union organizations from different countries.
Despite its brevity, it contributed to the development
of the concept of global labor solidarity and
cooperation. To promote global labor standards, the
International Labor Law Association was founded in
1900. It was the first global organization created for
this purpose. The Association sponsored international
conferences on labor issues and successfully lobbied
for the adoption of a global convention prohibiting
women from working at night in 1906 [2].
Labor law began as a result of the Industrial
Revolution. After the advent of cars, the percentage of
unemployed increased, and with it the number of trade
unions. In this case, the governing bodies did not
interfere with the work, they became spectators and
intervened only when on demand.
With the creation of the ILO, labor law was established.
It was around after the First World War, when the ILO
had a specific goal to take care of improving working
conditions in the world. The ILO is responsible for
creating and promoting global labor standards, such as
forced labor, child labor, discrimination and the right to
collective bargaining and organization. The main
bodies of Governments, employers and employees can
participate in a three-way process to designate these
standards.
The ILO helps all its member States in improving their
labor law and its practice. At the same time, technical
assistance is offered to all States that become
members. This includes advice on the implementation
of international standards in domestic legislation,
assistance in the development of labor inspection
regulations and assistance in creating relationships
between enterprises, employees and Governments.
In order to enhance equity and improve working
conditions in the field of employment, the ILO
encourages the relationship between organizations,
employees and employers. Members of these three
groups participate in a process of negotiation and
consultation called "social dialogue". The ILO helps its
members to develop a framework for social dialogue.
To do this, he offers them technical expertise and
recommendations. Globally, the ILO is the main
advocate of social justice and labor rights. One of the
ILO's goals is to raise public awareness of labor and
employment-related issues in order to promote
policies and programs that promote social justice and
decent work.
The ILO operates in three main areas: the development
of labor conventions and recommendations; the
Volume 04 Issue 01-2024
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Oscar Publishing Services
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provision of technical assistance to developing
countries in Asia, Africa and Latin America; and training
and education on issues within the scope of ILO
activities. The development of labor conventions and
recommendations is the most important form of ILO
activity. To date, 190 conventions and 207
recommendations
have
been
adopted.
The
international labor standards contained in them,
covering a wide variety of areas of labor relations, are
aimed, among other things, at prohibiting forced labor,
discrimination of workers, protection of maternity and
youth labor, ensuring trade union freedom, equal pay
for men and women, and wage guarantees.
The Treaty of Versailles, which ended World War I,
provided for the creation of the International Labor
Organization (ILO). Her goal was to promote social
justice and improve working conditions around the
world. In 1946, the ILO was established as the first
specialized agency of the United Nations. The
Convention on Working Hours (in Industry), the first
ILO convention, established the maximum weekly
number of hours that workers can work. The
Philadelphia Declaration, which outlines concepts of
social justice such as the right to work, the right to
social security and the right to freedom of association,
was approved by the ILO in 1944. The Declaration was
recognized as a watershed event in the evolution of
global labor standards. The United Nations adopted
the Universal Declaration of Human Rights in 1948. The
right to work, the right to fair and favourable working
conditions and the right to form and participate in
trade unions are all covered by these provisions. In
1966, the United Nations approved the International
Covenant on Economic, Social and Cultural Rights. The
right to work, the right to fair and favourable working
conditions, and the right to form and participate in
trade unions are all covered by these provisions [3].
The Sustainable Development Goals, which the UN set
in 2015, place special emphasis on decent work and
economic growth. In the first two years of the ILO's
existence, 22 international labor conventions were
adopted. Some of the topics addressed in the first
conventions were "working hours in industry,
unemployment, maternity protection, night work for
women, minimum age and night work for young
people in industry." In 1930, the ILO adopted the first
fundamental convention of the future: the Forced
Labor Convention (No. 29), which prohibited all forms
of forced labor unless they were exempted by certain
conditions. With the onset of the Great Depression, the
United States joined the ILO in 1934, noting that
complex labor issues would require an international
response. Throughout the history of the League of
Nations, the ILO has been the only organization
affiliated with the League that the United States has
joined[3].
Labor law has passed through several stages in its
development [1]:
1st stage: mid-19th
–
early 20th centuries. In the early
stages of the development of capitalism, the
regulation of the employment of free workers was
carried out by a contract of employment of services
borrowed from Roman civil law. By the middle of the
19th century, factory legislation had been formed in
England, France, Italy, Germany, etc. In most countries,
laws have been adopted regulating occupational
safety and health, occupational safety of women and
children, working hours and rest periods, wages, an
employment contract, the position of trade unions,
strikes, and the procedure for resolving collective labor
disputes.
Stage 2: The 10-30s of the 20th century: the
development of the theory of labor law, its formation
as an independent branch, the creation of the ILO in
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Oscar Publishing Services
Servi
1919, the adoption of the first Labor Codes in the
Russian Federation in 1918, in France in 1927. At the turn
of the 19th and 20th centuries, there was a
revolutionary shift in the development of the theory of
labor law. In scientific research, F.Lotmar, V. Endeman
(Germany), M. Planiol (France), L.Barassi (Italy), L.S. Tal
(Russia), justified the existence of a special qualitative
specificity of a personal employment contract, the
content of which is the work of hired dependent
workers.
Stage 3: the period after the end of World War II (40-
70s of the 20th century) is characterized by rapid
development of the branch of labor law in all countries;
a significant increase in the level of legal guarantees,
the spread of the concept of the welfare state, the
adoption of social constitutions in a number of
countries, the development of international legal
regulation of labor. This period is called the "golden
age" of labor law.
Stage 4: since the 90s of the 20th century, the modern
stage is characterized by the convergence of various
legal systems, the unification and standardization of
international norms, and the wider dissemination of
international standards in the field of labor, related, in
particular, to the globalization of the economy. In the
second half of the XVIII century, more changes were
made in industry than ever before or after [4].
The basis for the development of labor legislation in
these countries is the unified norms characteristic of
the socialist social system. Significant modernization of
labor legislation, taking into account the specifics,
peculiarities of the economic and political situation,
and national traditions of various countries.
At the same time, a significant number of norms
characteristic of the socialist past, supported by trade
unions and popular among workers, remain in labor
legislation.
The labor legislation is mostly codified. Collective
bargaining regulation, designed to promote more
flexible labor regulation, is under development.
Strengthening the importance of local regulations,
which in many countries are declared sources of labor
law. Trade unions retain the monopoly right to
represent the interests of employees. The functions of
state supervision over compliance with labor
legislation, which were previously carried out by trade
unions, were transferred to the state labor
Inspectorate [1].
The views of world legal scholars such as Heraclitus of
Ephesus (about 535-475 BC) believed that the universal
logos (reason), the primary source of human justice
and law, was at the heart of all world events. The
human way of thinking does not have intelligence, but
the divine does. The divine (rational, cosmic) law is the
source of all human laws, it gives a reasonable scale
and measure to human laws. Epicurus (341-270 BC)
developed ideas about the state and law as a contract
that is generally useful for ensuring individual freedom
and mutual security of people [5]. From the point of
view of Epicurus, since the laws were sent by the deity
and in his opinion all current state and other laws are
based on him.
Johnnozzo Menotti described the superiority of man
over other living beings in his treatise, thus justifying
the dignity of human nature. A new value concept of
the dignity of the individual is presented in Giovanni
Pico's treatise of the Mirandolla case "Speech on
human dignity", a huge contribution to the
development of the question of human dignity is made
by the philosopher in this way [6].
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Servi
In 1776, Adam Smith, in his book The Wealth of Nations,
glorified the doctrine of economic freedom. European
industrialization
entailed
proletarization,
which
assimilated former free workers into mass production.
This process required uniformity of the exchange
regime, money became a universal measure of labor
and thus, according to Marxist analysis, turned it into a
commodity. To standardize the exchange of labor for
money, the Liberals introduced labor laws and
contracts, both of which assumed that all parties in
economic relations were equal. The process of
legitimization, as it was called, excluded all ties of
solidarity that existed between "master and servant",
as the employer and employee were called, before
industrialization [3]. D.T. Myers, an American
philosopher, expresses the idea that such human rights
as the right to life and freedom, proper treatment and
satisfaction of natural needs is inalienable, because
otherwise society as a moral society would not be able
to exist [7].
In 1878, German researchers I. Baron and T. Lehmann
proposed to determine the length of the working day
at the international level in order to create equal
conditions in labor relations. Finally, the International
Socialist Congress, held in Paris in 1889, proposed
limiting the working day to 8 hours, prohibiting night
work and the work of children under 14 years of age,
and introducing continuous weekly rest for at least 36
hours [8].
Some authors limit the subject of international labor
law to interstate public relations. Thus, Supiot
considers that the ILO motto "Labor is not a
commodity" and the goal of labor legislation aimed at
humanizing the market are as relevant today as ever in
the past [9].
Today, although this area is regulated by several legal
and by-laws, there are many issues that have not yet
been resolved. According to Supiot, it can be said that
labor legislation exists in order to use human dignity
and social justice.
Cases of exclusion of women from protective
legislation were numerous. One example was domestic
help. In the mid-1930s, it was not surprising that
servants under the age of ten worked more than 12
hours a day, often without pay from employers who
sometimes subjected them to physical or sexual abuse.
The victims were mainly young girls who left their
villages to find work in large urban centers. In addition,
a significant proportion (65%) of women who engaged
in prostitution in the 1930s were former domestic
workers [10].
A careful study of the protective legislation adopted in
the early 1910s and 1920s reveals two special points.
Firstly, exceptions were made to please employers. In
fact, the abundance of exceptions, combined with
insufficient state supervision of the proper
enforcement of protective laws, in most cases made it
difficult to comply with the legislation [11]. Over time,
the effects of the global economic crisis that reached
Greece in the early 1930s affected the situation of
female employees, as rising unemployment began to
force them to work more and earn less. At the same
time, the absence of the State Department of Social
Security aggravated the situation [12], since workers
did not have access to any help in finding work or to
financial support during periods of unemployment and
economic difficulties.
Secondly, it is noteworthy that the legislation does not
distinguish between measures related to maternity
leave and measures that create restrictions on
women's employment. It can be argued that in the
context of the deplorable working conditions of
women [13], these two problems were inextricably
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linked. Having children was considered the most
important female task.
Thus, in our opinion, each national system of labor law
is a product of the historical development of a
particular country and reflects the peculiarities of its
history, economy, political system, structure of the
national economy, development of the labor and trade
union movement, cultural and everyday traditions,
climatic and natural conditions, stereotypes of mass
consciousness of the population. All this in many cases
creates serious obstacles to the transplantation of
norms and institutions of labor law from one country
to another.
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SJIF
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(2022:
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705
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(2023:
6.
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Publisher:
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Servi
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