Current Areas of International Labor Organization Activity for the Progressive Development of International Labor Law
https://doi.org/10.24833/2073-8420-2023-4-69-21-31
Abstract
Introduction. The article presents an analysis of the current activities of the International Labor Organization (hereinafter reffered to as the ILO) on the unification of existing and the development of the latest international labor standards for two categories of workers. In particular, we would like to draw attention to the lack of international legal labor standards for professional athletes and the necessary norms to protect their labor rights. In international law, there are a number of universal and regional international legal acts dedicated to professional sports, for example, the International Convention against Apartheid in Sports of 1985, the International Convention against Doping in Sports of 2005, the Council of Europe Convention against Doping of 1989. However, there are no issues of regulating the work of athletes and protecting their labor rights in international legal acts.
Another issue that requires the closest attention from the ILO in terms of the progressive development of international labor law is the regulation of remote (remote) work. The article examines various forms of remote work, and also presents a comparative legal analysis of the status of a homeworker and a remote (remote) worker in accordance with ILO documents. Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: the method of system-structural analysis; formal-logical method.
Research results. As a result of the research, the authors found that there is a need to develop an ILO Convention, as well as an appropriate Recommendation that would consolidate the minimum labor rights of athletes with their subsequent extension in employment contracts of a private legal nature. Regarding the legal regulation of remote work, the authors also propose to allocate remote workers into a separate category of workers on a par with homeworkers and domestic workers.
Discussion and conclusion. In modern professional sports, workers of various nationalities are represented, consequently, the ILO needs to progressively develop new international standards for the labor rights of athletes at a universal level, in particular, it is proposed to adopt a Convention on the peculiarities of work in professional sports. Since a homeworker and a remote worker are essentially not identical concepts, therefore, the ILO Convention No. 177 on Home Work of 1996 cannot be extended to regulate the work of remote workers, therefore it seems appropriate to develop an appropriate Convention.
About the Authors
D. K. BekyashevRussian Federation
Damir K. Bekyashev, Doctor of Law, Professor, International Law Chair
V. G. Mikrina
Russian Federation
Valentina G. Mikrina, PhD in Law, Associate professor, Public Law Chair, Оdintsovo branch
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Review
For citations:
Bekyashev D.K., Mikrina V.G. Current Areas of International Labor Organization Activity for the Progressive Development of International Labor Law. Journal of Law and Administration. 2023;19(4):21-31. (In Russ.) https://doi.org/10.24833/2073-8420-2023-4-69-21-31