Free Essay

International Labor Law

In: Business and Management

Submitted By nolus
Words 425
Pages 2
Definición de derecho internacional

Derecho internacional del trabajo es una categoría del derecho internacional.

Derecho internacional es el cuerpo de normas jurídicas que se aplican entre Estados soberanos y otras entidades tales como se han concedido personalidad internacional por Estados soberanos. En cuanto a legislación laboral, la entidad más importante es la Organización Internacional del Trabajo.

Las reglas del derecho internacional son de un carácter normativo; es decir, que prescriben las normas de conducta. Diferencian, sin embargo, de las normas morales por ser, al menos potencialmente, diseñado para interpretación autorizada por una autoridad judicial independiente y por ser capaz de aplicación por la aplicación de sanciones externas. Estas características hacen las reglas legales.

Los procesos de creación de la ley de derecho internacional son las formas en que las normas del derecho internacional surgido a la existencia; es decir, tratados, normas de derecho internacional consuetudinario y los principios generales del derecho reconocidos por las naciones civilizadas. Es el mérito del artículo 38 del estatuto de la Corte Internacional de justicia que esta exclusiva lista de procesos primarios de la creación de la ley ha recibido consentimiento casi universal.

Derecho internacional: derecho internacional público distinto del derecho internacional privado o el conflicto de leyes, que se ocupa de las diferencias entre las leyes municipales de diferentes países.

Derecho internacional forma un contraste a la legislación nacional. Mientras que el derecho internacional se aplica sólo entre entidades que pueden reclamar la personalidad internacional, legislación nacional es el derecho interno de los Estados que regula la conducta de los individuos y otras personas jurídicas dentro de su jurisdicción.

Derecho internacional puede ser universal, regionales o bilaterales. Aunque existe una duplicación entre la legislación laboral universal y regional, el valor práctico de la ley regional se encuentra principalmente en la posibilidad de establecer normas que son más progresistas que las normas en todo el mundo para hacer frente a los problemas especiales de la región afectada; para garantizar una mayor uniformidad de la ley dentro de una región; o para proporcionar ventajas recíprocas más extensos. Ley bilateral tiene un propósito diferente. Principalmente, determina las condiciones de entrada y de empleo en cada país contratante para los nacionales del otro. Este capítulo trata solamente con la legislación laboral universal y regional.

Las fuentes - instrumentos que Estados y otros sujetos de derecho internacional, como ciertas organizaciones internacionales - del derecho internacional son acuerdos internacionales. Los acuerdos de asuman una variedad de forma y estilo, pero están todas regidas por el derecho de los tratados, que forma parte del derecho internacional consuetudinario.…...

Similar Documents

Premium Essay

Labor Law

...leaders from the Centre of Indian Trade Unions (CITU), the All India Trade Union Congress (AITUC) and the Indian National Trade Union Congress (INTUC) and the Deputy Labour Commissioner, Bangalore to gather information pertaining to general working conditions, the Toyota system of production, labour disputes and settlement and company practices. Information pertaining to the history of the unit, market share, details of investments, Government policies etc are gathered through secondary research, largely by reviewing the relevant available literature. Sources of secondary information include policy documents of the Ministry of Commerce and Industries, Government of India (GOI), Government of Karnataka province and Japan Information Cell, labour laws, Register of Dispute Settlements, newspaper reports, published research works and websites related to auto industries in India. 1.2 Organisation of the Study The study is organised into two sections. The first section gives general information about investment of foreign capital in India’s automobile industry and government policies and incentives to attract investment to the sector. The second section tries to analyse the impact of production organisation and flexible production in labour conditions, citing the case of Toyota Motors. It also gives an account of the general background of the workers, wages and working conditions and collective labour actions. 2. INDIAN AUTOMOTIVE SECTOR: CAPITAL INVESTMENT AND GOVERNMENT......

Words: 32270 - Pages: 130

Premium Essay

Individual Labor Laws and Unions

...Individual Labor Laws and Unions Lalith Madhusudhanan Duraisamy Gurusamy HRM/531 - Human Capital Management Due Date: Mon 11/19/2012 Instructor’s Name: Prof. John Henderson Individual Labor Laws and Unions An organization with which I am familiar that is currently unionized is AT&T Inc. AT&T Inc. AT&T Inc. (formerly SBC Communications) is one of the largest telecommunications groups in the United States. It is engaged in providing telecommunication services to its customers, predominantly in the US. The company provides both wire line and wireless-based telecommunication services. The company’s service offerings include local exchange services, data/broadband and Internet services, and long-distance services. In addition, the company also offers video services, telecommunications equipment, managed networking, wholesale services and directory advertising and publishing. It offers TV services under the U-verse brand. AT&T provides voice coverage in over 220 nations, data roaming in over 190 countries, and 3G in over 125 countries. The company is also the major provider of broadband connectivity with over than 17.46 million subscribers in the US. For more than a century, it has consistently provided innovative, reliable, high-quality products and services and excellent customer care. Today, its mission is to connect......

Words: 2547 - Pages: 11

Premium Essay

Labor Laws

...Labor Laws and Unions Mitch Atkinson HRM/531 October 29, 2012 Dennis Cashman Labor Laws and Unions This paper topic is the organizational benefits of joining a union, the unionization process, union bargaining procedures, and the effects union bargaining has on an organization. American Airlines (AA) and the transportation workers union (TWU) are the selected organization and company. Included information, background information on American Airlines, along with history of TWU at AA, legal issues, and obstacles that AA has encountered with TWU. AMR Corporation, the parent company of American Airlines, Inc. and AMR Eagle Holding Corporation filed in November 2011 a voluntary petition for Chapter 11 reorganization. To achieve a cost and debt structure that was industry competitive for long-term viability. There are various unions associated with the airline industry, the one chosen to discuss in this paper is the transportation workers union. TWU has 114 autonomous locals representing more than 200,000 members in 22 states around the country. As part of the Chapter 11 reorganization of AA the initial announcement that as many as 11,000 workers may be let go at the Fort Worth-based airline. The most recent announcement from AA is that approximately 4,400 mechanics, store clerks, and ground crew members of TWU will be part of a lay off. There are seven TWU workgroups representing approximately 24,000 employees at American Airlines. As part of the strategic and......

Words: 977 - Pages: 4

Premium Essay

Labor Law

...Labor Law What is the name of the federal agency that conducts elections to determine if employees wish to be represented by a labor union? The National Labor Relations Board is the name of the federal agency that conducts elections. 2. If the hospital became upset at Sylvia for daring to request to the HR Director that the hospital increase its sick leave benefits and terminated her employment on the ground that she was a "troublemaker" would Sylvia have any legal grounds upon which to challenge her termination? Assume that she was terminated before she first contacted the union? Please explain your answer. In the event that she is fired before actually contacting the union officials, the hospital could easily make an argument that she had been terminated for legitimate reasons, as they could not use union contact to determine her employment status. The hospital could in fact terminate her employment and the most Sylvia could do, would be to ask how she had been a troublemaker. 3. Was the hospital correct that it was not obligated to bargain with the union over how much paid sick leave the employees should be entitled to? If not, please explain why the hospital was incorrect. The hospital was incorrect with regards to not being obligated to bargain over paid sick leave. According to the National Labor Relations Act, the union and company are obligated to bargain over wages, hours, and other working conditions. 4. Did the union have a legal right to threaten strike to the......

Words: 506 - Pages: 3

Free Essay

Labor Laws

...flexible means for the adjustment of wages and employment conditions to economic and technological changes in the industry, as a result of which the chances for conflicts are reduced. 12. As a vehicle of industrial peace, collective bargaining has no equal. It is the most important and significant aspect of labor-management relations, and extends the democratic principle from the political to the industrial field. 13. It builds up a system of industrial jurisprudence by introducing civil rights in industry. In other words, it ensures that management is conducted by rules rather than by arbitrary decisions; Need for Collective Bargaining (a) A high degree at collective bargaining as measured in terms of the proportion of workers covered by collective agreements; (b) Qualitative conduct of the parties to collective bargaining both before a situation warranting negotiations develops and the methods followed at the time of arriving at agreements; (c) The right priorities assigned to different methods in the agreement and their changing pattern over time; and (d) A structure of bargaining with emphasis on central bargaining which is purported to give some order and stability to labor management relations. more at http://www.citeman.com/1213-importance-of-collective-bargaining.html#ixzz3AdbXht88...

Words: 408 - Pages: 2

Free Essay

International Child Labor

...Jaime Smith S. Scullion ENG 122 11 April 2011 International Child Labor Controversy Exploitation of children, taking advantage of children in the work place, has been referred to by researchers as the most widespread type of child abuse. Child labor is known to have first become an international issue in the 1860s and not until the 1980s, did the global movement begin. Today, more than 200 million children in the world are involved in child labor, with more than 50 percent of them working in extremely hazardous settings (International Labor Organization Video). The term child labor has many definitions depending on who you are talking to, meaning there is no concrete definition. For some, this phrase means preventing children from attending school and causing hazards to their health. Though for others, child labor simply involves any child under the age of 15 working for pay. Regardless of the definition, children could do factory work, mining, trafficking, prostitution, agriculture, or work in their parents’ business. There are many benefits of child labor whether it is for the economy, or ironically, the life of the children; however, the exploitation of these children has become such an international affair that laws or regulations need to be implemented globally in order to protect the welfare of all children. The argument, made time and time again, that children worldwide in child labor are disadvantaged in education and are susceptible to inadequate health is......

Words: 1205 - Pages: 5

Premium Essay

Labor Law

...Abstract In today’s economy more companies are announcing that they had to systematically create some type of strategic plan to reduce the workforce in there company. The cause of reduction can be due to overstaff, slow sales, and or slow production which leads to termination. When this type of decision has to be made, it can put a heavy burden on the Human Resources Department or the Vice President of Human Resource. When making a decision to have a reduction in the workforce by terminating employees, you have to be mindful you don’t violate employment laws. This paper will discuss the recommendation of which employees to terminate based on the scenario that is given of each employee. In the given scenarios, five employees’ work ethics is given and of the five, three must be fired and two can be transition into other jobs within the company. The key is to terminate the employees without violating employment laws and give the reason for the termination. Also I will discuss any possible post termination litigation that could occur. Mike Williams is a 34 year old Asian male who has an overall performance rating of above average. With his experience and college education he, would be a valuable asset to the company. Even though the computer system he utilizes will be obsolete, additional training on a newer system would put him up to speed with his other colleagues. Mike also has no absenteeism which could indicate that he is dedicated and committed to quality work...

Words: 1393 - Pages: 6

Free Essay

Labor Laws

...History of the Labor Movement “It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country” (United States Department of Labor). This quotation is referring to one of our national holidays, Labor Day. Ultimately, the labor movement in the United States formed this holiday celebrated every September. Labor day is a day to celebrate how far American workers have come since before the 19th century. During the 1800s American workers could be found at their job for most of the day almost everyday. It was a hard time for families to make ends meet forcing even their children to work. On average, an individual would work twelve hours a day, seven days a week. Easy jobs, such as working in a factory or mill, children as young as five would be working to help their families pay bills and even eat a meal (History, 2010). Soon times got tougher for Americans by having wage cuts and needing them to work more hours. Several different strikes occurred starting in 1768 over these wage reductions. Workers fought for several years to be treated differently by getting paid more and working less hours; to fight for these rights strikes were happening more frequently. Soon reform efforts were popping up to fight against the social inequality occurring; Knights of Labor and National Union Labor were the most popular. However, their efforts were not changing the economic conditions the workers faced;......

Words: 375 - Pages: 2

Premium Essay

International Law

...International Law: Essential Aspects Explained Abstract International Law helps governing relations among sovereign nations. It affects both society and individuals in many aspects. Today international law is not only about relations among different countries, but also how it is dealt internally. This paper will identify important international principles and doctrines, such as National Law, the Principle of Comity, and the Act of State and Sovereign Immunity Doctrines. This paper will also explore how business is done internationally by seeking foreign markets, exporting, and manufacturing abroad. International contracts and methods for making payments in international transactions will be explained. Break down the whole regulation of international business activities, such as investing and export and import controls and bribing foreign officials. And lastly, how U.S laws apply in a global context, such as antitrust laws and antidiscrimination laws. International Law: Essential Aspects Explained International business and commerce has always been a big part of civilization and throughout history. What is new today is the rapid growth of exchange of goods, services and intellectual property on a global scale. There are many laws pertaining how we handle commerce through the United States and to other countries and vice versa. International Law can be identified as a body of law as a result of international customs, treaties and organizations that are the benchmark......

Words: 1266 - Pages: 6

Free Essay

Labor Law

...িব ােস কৃ ত কাজ-কর্ম রkণ 336৷ কিতপয় েkেt চাkরীর বর্তমান শর্তাবলী সংরkণ 337৷ আiন, িবিধ eবং pিবধােনর সারসংেkপ pদর্শণ 338৷ কিতপয় িবেশষ aবsায় বাড়ীঘর বা আি নার মািলেকর দািয়t 339৷ তথয্ সংgেহর kমতা 340৷ িনেয়াগ সmর্ক aনুমান 341৷ কিতপয় তথয্ pকােশ বাধা-িনেষধ 342৷ কিতপয় িবষেয় েগাপনীয়তা রkা 343৷ েবাের্ডর কারয্ধারা রkণ 344৷ েবাের্ডর েময়াদ, kমতা, কারয্ধারা iতয্ািদ সmের্ক সাধারণ িবধান 345৷ সমকােজর জনয্ সম-মজুরী pদান 346৷ সাধারণ েkেt েকার্ট িফস 347৷ কিতপয় p , iতয্ািদ সmেn বাধা- িনেষধ 348৷ ei আiেনর uপর pিশkণ 349৷ ে ড iuিনয়েনর কিতপয় কর্মকাn িনিষd 350৷ aনয্ আদালেতর eখিতয়ােরর uপর বাধা-িনেষধ 351৷ িবিধ pণয়েনর kমতা 352৷ িবিধ, pিবধান o sীেম দে র িবধান 353৷ রিহতকরণ o েহফাজত 354৷ মূল পাঠ eবং iংেরজীেত পাঠ তফিসল Copyright®2008, Ministry of Law, Justice and Parliamentary Affairs Today's Total Visit 2795 বাংলােদশ ম আiন, 2006 ( 2006 সেনর 42 নং আiন ) [11 aেkাবর 2006] িমক িনেয়াগ, মািলক o িমেকর মেধয্ সmর্ক, সরব্িনm মজুরীর হার িনর্ধারণ, মজুরী পিরেশাধ, কারয্কােল দুর্ঘটনাজিনত কারেণ িমেকর জখেমর জেনয্ kিতপূরণ, ে ড iuিনয়ন গঠন, িশl িবেরাধ utাপন o িন িt, িমেকর sাsয্, িনরাপtা, কলয্াণ o চাkরীর aবsা o পিরেবশ eবং িশkাধীনতা o সংি িবষয়ািদ সmের্ক সকল আiেনর সংেশাধন o সংহতকরণকেl pণীত আiন েযেহতু িমক িনেয়াগ, মািলক o িমেকর মেধয্ সmর্ক, সরব্িনm◌্ ন মজুরীর হার িনর্ধারণ, মজুরী পিরেশাধ, কারয্কােল দুর্ঘটনাজিনত কারেণ িমেকর জখেমর জনয্ kিতপূরণ, ে ড iuিনয়ন গঠন, িশl িবেরাধ utাপন o িন িt, িমেকর sাsয্, িনরাপtা, কলয্াণ o চাkরীর aবsা o পিরেবশ eবং িশkাধীনতা o সংি িবষয়ািদ সmের্ক সকল আiেনর সংেশাধন......

Words: 56742 - Pages: 227

Premium Essay

International Law

...DFW Memorandum Name: Institutional Affiliation: Date: Over the years, economic globalization has been a hot topic worldwide. While a section of people argue that economic globalization has caused a number of problems, its positive impacts cannot go unnoticed. Economic globalization has been instrumental in the creation of free market flows, thus in the process, enabling development or increased productivity in developing countries. With this, it means that the developing countries will benefit from both foreign market and an international market. Additionally, through economic globalization, international investors are attracted to a given area with the potential for growth but this is only possible if the legal framework of the country of interest is clear on the investment policies that should be undertaken. Specifically, Shanghai has shown the significance of economic globalization owing to the number of investors who are attracted to invest in the country. As a legal counselor for DFW, a firm that is interested in venturing in Shanghai, understanding Chinese investment policies are critical in determining the business structure that the company will have, as well as, the various incentives, and the means of resolving disputes should any arise. There are two main types of business structures that can be used in Shanghai; these can be Limited Liability companies and Representative office. The Limited Liability Company is independent legal entities that......

Words: 3968 - Pages: 16

Premium Essay

Labor Law in Spain

...Labor law in Spain. Amira Hassanaly BLAW 225 Labor law in Spain. Amira Hassanaly BLAW 225 Outline I. Introduction II. Employment contract a) Permanent contract or fixed contract b) Temporary contract c) Training contract d) Work experience contract e) Part time contract III. Working Conditions a) Salary b) Working time c) Rest time d) Overtime e) Working day and family f) Holidays and leaves g) Unpaid leaves h) Maternity and paternity leave i) Dismissal IV. Employee’s rights V. Social Securities VI. Unions VII. Conclusion I. Introduction As is the case almost in all European countries, Spanish labor law is very understandable and ensure protection for employees. According to the definition labor law is a body of law that govern the employer-employee relation, including employment contract. The relationship between employer and employee is more than the exchange of labor for money it is also covers workplace rights and a large group of regulation on issues such as protection from discrimination, wages hours and health and safety. Labor law also deals with individual and collective relationships between employees and employers. The economic crisis of 2008 showed that the Spanish labor model was not working out. The labor legislation change in 2012 in order to be more suitable in a time of crisis within the labor market, the legislation modifies the......

Words: 2824 - Pages: 12

Premium Essay

Labor Law

...Labor Law Outline – Prof. West, Spring 2002 Historical Background, Etc Employment at Will A. History 1. Started from master/servant relations 2. Illustrates basic American way 3. Doctrine developed in response to industrial revolution B. CA Common Law 1. One can end the employment relationship at any time for any reason a) Either party can terminate at any time C. Exceptions 1. Limited statutory exceptions to employment at will 2. Unions a) If in one, may only be fired for just cause under labor K Wrongful Discharge Cause of Actions A. Common Law 1. Can’t order reinstatement if employees are fired and they sue for breach of K 2. Reinstatement is a traditional remedy only under statute B. California Causes of Action 1. Generally a) Tort claims—get damages including emotional distress, punitive damages. 1) Can’t get those through breach of K 2) Easier to find a lawyer to take case under tort claims b) Whistle blowing 1) Under statute, must complain to a govm’t official, not just internally c) Affects private employees 1) Public employees can’t be deprived of their jobs without due process and just cause 2. Discharge in violation of public policy a) Employee can have tort action if fired in......

Words: 7099 - Pages: 29

Premium Essay

Labor Laws and Unions

...Labor Laws and Unions John T. Smith HRM/531 - Week XX XX January 20XX Joseph P. Stevens Labor Laws and Unions If one has not been living under a rock these past few years, he should be aware of General Motors (GM), once the greatest automobile manufacturer in the United States, fall from grace. It was not always so bad. According to GM’s website, GM was founded by William “Billy” Durant on September 16, 1908. Durant became a leading manufacturer of horse-drawn vehicles in Flint, Michigan, before making his foray into the automobile industry. At its inception, GM held only the Buick Motor Company, but in a matter of years would acquire more than 20 companies, including Oldsmobile, Cadillac, and Oakland, today known as Pontiac (General Motors, 2012). Two weeks shy of 101 years from the day it was founded, GM filed for bankruptcy and subsequently was bailed out by the Obama administration. The union that represents General Motor autoworkers is the United Auto Workers (UAW). The UAW does not represent automobile manufacturers themselves, but employees who work for them. The longer version of its name is, “The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.” According to UAW’s website, they are one of the largest and most......

Words: 859 - Pages: 4

Free Essay

Labor Laws Unions

... Labor Laws and Unions HRM/531 April 2, 2012 Susan Frear Labor Laws and Unions The United Postal Service (UPS) is a unionized company. A brief background will be given as well as legal issues and obstacles they may encounter, how the federal, state, and local laws could be breached because of the legal issues and why, and recommendations how to mitigate the possible litigation. As a part of the analysis the subsequent questions will be answered what are the benefits of UPS joining the union, what is the unionization process, how do they bargain, and what effects does the bargaining have on the organization. UPS started out as a messenger company in 1907 and has grown into a multibillion dollar corporation (UPS, 2011). Ups is the world largest package delivery company and leading global provider of specialized transportation and logistics services (UPS, 2001).UPS has 185,000 union members and 75,000 non union members. The majority of the UPS union members are a part of the International Brotherhood of Teamsters (IBT) which are a part of the (AFO-CIO) (Proyect, 2012). UPS operates under the National Labor Relations Act (NLRA), commonly known as the Wagner act (Thomas, 2001). Some of the legal issues include the legality of the proposals by UPS to change benefit packages, 2006 legal issue concerning the IBT’s right to designate a representative on a safety committee established by its collective bargaining agreement with UPS, and “The......

Words: 923 - Pages: 4