The United States has removed Uzbek cotton from the list of goods produced using child labor. ILO Declaration on Fundamental Principles and Rights at Work and its Implementation Mechanism ILO Bureau for Eastern Europe and Central Asia

International Labor Organization, ILO(International Labor Organization, ILO) is one of the United Nations (UN) agencies responsible for the development and implementation of international labor standards, promoting the protection of labor rights, establishing equal rights for men and women in the labor sphere, strengthening social protection and developing dialogue on issues related to the world of work.

The distinctive feature of the International Labor Organization (ILO) is tripartism– a tripartite structure within which negotiations take place between governments, workers' and employers' organizations. Delegates of these three groups are represented and deliberate on equal terms at all levels of the International Labor Organization.

Structure of the International Labor Organization

International Labor Conference

international Conference labor is supreme body The International Labor Organization, where all ILO acts are adopted. Delegates to the International Labor Conference are two representatives from the government and one from the most representative organizations of workers and employers of each participating state.

Administrative Council The International Labor Organization is the executive body of the ILO. He directs the work of the Organization in the period between sessions of the General Conference and determines the procedure for implementing its decisions. Three sessions of the Administrative Council are held annually - in March, June and November.

The Administrative Council consists of 56 members (28 government representatives, 14 employers and 14 workers) and 66 alternates (28 government representatives, 19 employers and 19 workers).

Ten seats for members of the Governing Body representing governments are reserved for permanent basis for representatives of the governments of the leading countries of the world - Brazil, Great Britain, Germany, India, Italy, China, Russian Federation, USA, France and Japan. The remaining members of the Council, representing governments of other states, are re-elected by the Conference on a rotation basis every three years.

International Labor Office

International Labor Office in Geneva is the permanent secretariat of the ILO, operational headquarters, research and publishing center. The Office prepares documents and reports that are used during conferences and meetings of the Organization (for example, the General Report of the Committee of Experts on the Application of Standards, reports of the Governing Body and its committees). The Office also administers technical cooperation programs that support the standard-setting activities of the International Labor Organization.

The Bureau has a department that is responsible for all issues relating to international labor standards, as well as departments responsible for the activities of employers and workers.

Issues of administration and management are decentralized and transferred to the regional and sub-regional levels and to representative offices in individual countries.

Bureau headed by General Director, which serves a five-year term, subject to re-election, employs approximately 2,500 staff and experts based at its headquarters in Geneva and in more than 40 offices around the world.

Regional meetings of ILO member states are held regularly to discuss issues of particular interest to the region.

The Governing Body and the International Bureau are assisted in their activities by tripartite committees covering the main branches of industry, as well as committees of experts on such subjects as professional training, labor protection, management development, labor Relations, vocational training, as well as special problems of certain categories of workers: youth, disabled people.

Objectives of the International Labor Organization

The main objectives of the International Labor Organization are:

• Developing coherent policies and programs to address social and labor problems.
• Development and adoption of international labor standards in the form of conventions and recommendations and monitoring their implementation.
• Assistance to participating countries in solving problems of employment, reducing unemployment and regulating migration.
• Protection of human rights (rights to work, association, collective bargaining, protection from forced labor, discrimination).
• Fight against poverty, for improvement standard of living workers, development of social security.
• Promoting vocational training and retraining for employed and unemployed people.
• Development and implementation of programs to improve working conditions and production environment, occupational safety and health, environmental protection and restoration.
• Assisting organizations of workers and entrepreneurs in their work together with governments to regulate social and labor relations.
• Development and implementation of measures to protect the most vulnerable groups of workers (women, youth, elderly people, migrant workers).

Working methods of the International Labor Organization

In its work, the International Labor Organization uses four main methods:

1. Development social partnership governments, workers' and employers' organizations (tripartism).
2. Development and adoption of international labor standards: conventions and recommendations and control over their use (standard-setting activities).
3. Providing assistance to countries in solving social and labor problems. The ILO calls this technical cooperation.
4. Conducting research and publishing on social and labor issues.

Tripartism– the main method of work of the International Labor Organization and its distinguishing feature from all of us international organizations. The solution to all social and labor problems can only be successful as a result of coordinated actions of governments, workers and entrepreneurs.

Acts adopted by the International Labor Organization

The International Labor Organization adopts the following acts on labor issues:

• Declarations
• Convention
• Recommendations

In total, the International Labor Organization adopted three declarations:

1. ILO Declaration of Philadelphia 1944 on the Aims and Objects of the International Labor Organization
2. 1977 ILO Declaration on Multinational Enterprises and Social Policy
3. 1998 ILO Declaration on Fundamental Rights and Principles at Work

Convention are subject to ratification by ILO member countries and are international treaties that are binding upon ratification.

Recommendations are not legally binding acts. Even if a state has not ratified a convention, it has obligations, by virtue of its membership in the International Labor Organization and its adherence to its constitution, to the four fundamental principles of work enshrined in the 1998 ILO Declaration.

Fundamental principles in the world of work enshrined in the 1998 ILO Declaration:

• Freedom of association and right to conduct collective bargaining
• Prohibition of discrimination in labor relations
• Eradication of forced labor
• Prohibition of child labor

Eight Conventions of the International Labor Organization (Conventions No. 87 and 98; 100 and 111; 29 and 105; 138 and 182), called fundamental, are devoted to these four principles. These Conventions have been ratified by the vast majority of countries in the world and the ILO monitors their implementation particularly closely.

The International Labor Organization cannot enforce even ratified Conventions. However, there are mechanisms for monitoring the implementation of the Conventions and Recommendations by the ILO, the main essence of which is to investigate the circumstances of alleged violations of labor rights and give them international publicity in the event of prolonged ignoring of the ILO’s comments by a state party. This control is carried out by the ILO Committee of Experts on the Application of Conventions and Recommendations, the Governing Body Committee on Freedom of Association and the Conference Committee on the Application of Conventions and Recommendations.

In exceptional cases, in accordance with Article 33 of the ILO Constitution, the International Labor Conference may call on its members to exert influence on a state that is particularly violating international labor standards. In practice, this has only been done once - in 2001 in relation to Myanmar, which has been criticized for decades for the use of forced labor and has refused to cooperate on this issue with the International Labor Organization. As a result, a number of states applied economic sanctions against Myanmar, and it was forced to take a number of steps towards the ILO.

ILO Representative Office in Russia

ILO Office for Eastern Europe and Central Asia

Group technical support on Decent Work and the ILO Country Office of Eastern Europe And Central Asia has been working in Moscow since 1959. Name until April 2010 – ILO Subregional Office for Eastern Europe and Central Asia.

In addition to Russia, the Bureau coordinates the activities of the International Labor Organization in nine more countries - Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.

The main areas of activity of the ILO Office are the promotion of national decent work programs in the countries of the region, the development of social dialogue, social protection, employment development, labor protection, gender equality in the world of work, HIV/AIDS in the workplace, eradication of child labor, etc.

Submission of the Declaration

The International Labor Organization adopted on June 18, 1998 in Geneva the ILO Declaration on fundamental principles and rights in the sphere of labor and the mechanism for its implementation. By doing so, she would like to find a solution to the problems of globalization of the world economy, which since 1994 has been at the center of numerous discussions within the Organization itself. Although globalization is a factor of economic growth, and economic growth is an indispensable prerequisite for social progress, the fact remains that in itself it does not guarantee this progress, but must be accompanied by a certain range of minimum social rules, based on shared values, allowing participants in this process to claim their rightful share of the wealth they helped create.

The Declaration attempts to reconcile the desire to stimulate the efforts of all countries to ensure that economic progress is accompanied by social progress, with the desire to take full account of the diversity of conditions, opportunities and priorities of each country.

The first step in this direction was taken in Copenhagen in 1995, when participants in the World Summit on top level In the interests of social development, heads of state and government made specific commitments and approved a Plan of Action regarding “fundamental workers' rights”: prohibition of forced labor and child labor, freedom of association, freedom to form trade unions and collective bargaining, equality of remuneration for work of equal value and non-discrimination in the field of work and occupation. World Conference trade organization at the ministerial level, held in Singapore in 1996, was the second step along this path. States reaffirmed their commitment to comply with fundamental labor standards, which have received international recognition, recalled that the ILO is the competent agency to develop these standards and ensure their application, and reaffirmed their support for ILO action to promote the application of these standards.

The adoption of the Declaration was the third step. It makes a significant contribution to the achievement of the goal set out in paragraph 54 (b) of the Program of Action adopted by the World Summit for Social Development in Copenhagen, which is to ensure and promote respect for fundamental workers' rights by requiring States that ratify relevant ILO conventions, to apply them fully, and for other states to take into account the principles enshrined in them.

The existing control mechanism already makes it possible to ensure the application of the conventions by states that have ratified them. As for the rest of the states, the Declaration introduces a new important element. First, it states that ILO member States, even if they have not ratified these conventions, have an obligation to observe “in good faith and in accordance with the Constitution the principles relating to the fundamental rights which are the subject of these conventions.” Then, and this is the first aspect of the implementation mechanism contained in the annex to the Declaration, it aims to achieve this goal through the use of the unique statutory procedure available to the ILO to annually require Member States that have not ratified the fundamental Conventions to provide reports on progress made in the application of the principles enunciated in these conventions.

Finally, the Declaration goes a step further by solemnly proclaiming the Organization's commitment to use its full budgetary resources and its full authority to assist its Member States in achieving the goals set by the World Summit in Copenhagen. This commitment will be embodied in the global report, which is the second aspect of the implementation mechanism of the Declaration, contained in the annex to it. The global report will simultaneously provide an overall picture of the progress made during the previous four-year period in both countries that have ratified the fundamental conventions and those that have not, it will provide a basis for assessing the effectiveness of actions taken during the previous period, and it will also serve as a benchmark point for plans to assist countries in the future.

By adopting this Declaration, the ILO provides a solution to the problems raised before it. international community, since it establishes a social minimum at the global level in response to the realities created by the process of globalization. The Organization can therefore now enter the new century with optimism.

Michelle Hansenn

Declaration on Fundamental Principles and Rights at Work

Whereas the founders of the ILO were guided by the conviction that social justice is essential to achieving universal and lasting peace;

Whereas economic growth is essential but insufficient to achieve equality, social progress and poverty eradication, which underscores the need for ILO efforts to support strong social policies, justice and democratic institutions;

Whereas the ILO must, more than ever before, use all its standard-setting, technical cooperation and research capacity in all its areas of competence, in particular employment, training and working conditions, to achieve way, within the framework of the global strategy for socio-economic development, so that economic policy and social politics mutually reinforced each other, creating conditions for large-scale and sustainable development;

Whereas the ILO must pay attention Special attention to the problems facing persons with special social needs, in particular the unemployed and migrant workers, and to mobilize and encourage international, regional and national efforts to address their problems and to promote effective policies aimed at job creation;

Whereas, in order to strengthen the connections between social progress and economic growth special meaning and guaranteeing respect for fundamental principles and rights at work makes sense because it allows stakeholders to freely and on equal terms claim their fair share of the wealth they have helped create, and enables them to realize their full human potential;

Whereas the ILO is an international organization mandated by its Constitution to be the competent authority for the adoption and application of international labor standards and enjoying universal support and recognition for the promotion of fundamental rights at work that are an expression of its statutory principles;

Whereas, in an environment of growing economic interdependence, there is an urgent need to reaffirm the immutability of the fundamental principles and rights enshrined in the Charter of the Organization and to promote their universal respect;

International Labor Conference:

1. Reminds:

a) that, by freely joining the ILO, all Member States have accepted the principles and rights enshrined in the Constitution and the Declaration of Philadelphia and have committed themselves to achieving all the objectives of the Organization using all the means at their disposal and taking full account of their particular characteristics ;

b) that these principles and rights have been expressed and developed in the form of specific rights and obligations in conventions recognized as fundamental both within and outside the Organization.

2. Declares that all Member States, even if they have not ratified the said conventions, have an obligation arising from the very fact of their membership in the Organization to respect, promote and implement in good faith, in accordance with the Charter, the principles relating to the fundamental rights which are the subject of these conventions, namely:

a) freedom of association and effective recognition of the right to collective bargaining;

b) abolition of all forms of forced or compulsory labor;

c) effective prohibition of child labor; And

d) non-discrimination in the field of work and occupation.

3. Recognizes the Organization's obligation to assist its Member States in meeting the needs identified and expressed by them, using fully all of its statutory, operational and budgetary resources to achieve these goals, including through the mobilization of external resources and support, and by encouraging others international organizations with which the ILO has established relations in accordance with Article 12 of its Constitution to support these efforts:

a) through the provision of technical cooperation and advisory services promoting the ratification and application of fundamental conventions;

(b) by assisting those Member States that are not yet in a position to ratify all or some of these conventions in their efforts to respect, promote and give effect to the principles relating to fundamental rights that are the subject of these conventions; And

c) by providing assistance to Member States in their efforts to create an environment conducive to economic and social development.

4. Decides that, in order to ensure the full implementation of this Declaration, a mechanism will be used to facilitate its implementation, reliable and effective, in accordance with the measures listed in the following annex, which forms an integral part of this Declaration.

5. Emphasizes that labor standards should not be used for trade protectionist purposes, and nothing in this Declaration or its implementation mechanism should be used as a basis or otherwise used for such purposes; Moreover, this Declaration and the mechanism for its implementation should in no way be used to harm the comparative advantage of a country.

Application. Mechanism for implementing the Declaration

Application

I. General goal

1. The purpose of the implementation mechanism described below is to encourage the efforts of Member States to promote respect for the fundamental principles and rights set forth in the ILO Constitution and the Declaration of Philadelphia and reaffirmed in this Declaration.

2. In accordance with this purpose, which is purely encouraging, real mechanism implementation will identify areas in which the Organization's assistance, through technical cooperation activities, may be of benefit to its Members and will assist them in the application of these fundamental principles and rights. It does not replace existing control mechanisms and will not in any way interfere with their functioning; respectively, specific situations that fall within the scope of these control mechanisms will not be considered or revised under this implementation mechanism.

3. The following two aspects of this mechanism are based on existing procedures: annual implementation measures relating to unratified fundamental conventions will entail only some adaptation of the existing application of Article 19, paragraph 5 (e), of the Constitution;

The global report will allow us to obtain the most optimal results from procedures carried out in accordance with the Charter.

II. Annual measures concerning unratified fundamental conventions

A. Purpose and scope

1. The purpose is to enable an annual review, through simplified procedures, to replace the four-year cycle introduced by the Governing Body in 1995, of the measures taken in accordance with the Declaration by those Member States that have not yet ratified all the fundamental Conventions.

2. This procedure will cover each year all four areas of the fundamental principles and rights set out in this Declaration.

B. Procedure and methods of work

1. This procedure will be based on the reports requested from Member States in accordance with Article 19, paragraph 5 (e), of the Constitution. The reporting forms will be designed in such a way as to obtain from Governments which have not ratified one or more of the fundamental Conventions information concerning any changes that may have taken place in their legislation and practice, taking due account of established practice.

2. These reports, as processed by the Office, will be considered by the Governing Body.

3. To prepare an introduction to reports so processed, with a view to drawing attention to any aspects that may require deeper discussion, the Office may contact a group of experts appointed for this purpose by the Governing Body.

4. Consideration should be given to making changes to the existing procedures of the Governing Body so that Member States not represented on the Governing Body can most appropriately provide clarifications that may be necessary or useful during the deliberations of the Governing Body, in addition to information contained in their reports.

III. Global report

A. Purpose and scope

1. The purpose of this report is to provide an overview of each category of fundamental principles and rights over the preceding four-year period and to provide a basis for assessing the effectiveness of the assistance provided by the Organization, as well as for identifying priorities for the subsequent period in the form of action plans for technical cooperation aimed, in particular, at attracting internal and external resources necessary for their implementation.

2. The report will cover each year one of four categories of fundamental principles and rights, in order of priority.

B. Procedure for preparation and discussion

1. The report, the responsibility for the preparation of which rests with the Director General, will be drawn up on the basis official information or information collected and evaluated in accordance with established procedures. For States that have not ratified the fundamental conventions, the report will draw in particular on the results obtained from the above-mentioned annual implementation measures. In respect of Member States that have ratified the relevant conventions, the report will be based in particular on reports examined under Article 22 of the Constitution.

2. This report will be submitted to the Conference for tripartite discussion as the report of the Director General. The Conference may consider this report separately from reports submitted under Article 12 of its Standing Orders and may discuss it at a meeting specifically devoted to this report or in any other manner. The Governing Body would then, at one of its next sessions, draw up, on the basis of this discussion, conclusions concerning priorities and plans for technical cooperation activities to be implemented over the subsequent four-year period.

IV.

1. Proposals will be prepared for amendments to the Rules of Procedure of the Administrative Council and the Conference necessary to implement the previous provisions.

2. The Conference will review in a timely manner the operation of this implementation mechanism in the light of experience gained and assess whether it has adequately achieved common goal, set out in part I.

The above text is the text of the ILO Declaration on Fundamental Principles and Rights at Work, duly adopted by the General Conference of the International Labor Organization at its 86th session held in Geneva and ending on 18 June 1998.

In witness whereof we have attached our signatures on this nineteenth day of June 1998:

Chairman of the Conference
Jean-Jacques Exlin

CEO
International Labor Office
Michelle Hansenn

The International Labour Organization

The International Labour Organization (ILO)- specialized institution UN, an international organization dedicated to regulatory issues labor relations. As of 2009, 183 states are members of the ILO. WITH 1920 headquarters of the Organization - International Labor Office, is in Geneva. IN Moscow The office of the Subregional Office for Eastern Europe and Central Asia is located.

History of the creation, development and tasks of the ILO

Created in 1919 on the basis Treaty of Versailles as structural unit League of Nations. It was founded on the initiative and with the active participation of Western social democracy. The ILO Constitution was drafted by the Labor Peace Conference Commission and became part of the XIII Treaty of Versailles . The need to create the ILO was determined by the following reasons:

The first is political.

The reason for the creation of the ILO was the revolution in Russia and a number of other European countries. In order to resolve the contradictions that arise in society in an explosive, violent, revolutionary way, the organizers of the ILO decided to create an international organization designed to worldwide promote social progress, establish and maintain social peace between different layers of society, and contribute to the resolution of emerging social problems in an evolutionary peaceful way .

The second is social.

The working and living conditions of the workers were difficult and unacceptable. They were subjected to brutal exploitation, their social protection was practically absent. Social development lagged significantly behind economic development, which hampered the development of society .

The third is economic.

The desire of individual countries to improve the situation of workers caused an increase in costs, an increase in production costs, which made competition difficult and required the solution of social problems in most countries . The Preamble notes that “the failure of any country to provide its workers with humane working conditions is an obstacle to other nations wishing to improve the conditions of workers in their countries.” .

The first general director and one of the main initiators of the creation is French political figure Albert Thomas. Currently the CEO is Juan Somavia.

IN 1934 In 2009, the USA and the USSR became members of the ILO. IN 1940 Due to World War II, the ILO headquarters were temporarily moved to Montreal, Canada. Thanks to this, the continuity of the Organization's activities was maintained. IN 1940 year USSR suspended its membership in the ILO, resumed in 1954. Since that time, Belarus and Ukraine have become members of the ILO .

In 1944, the International Labor Conference in Philadelphia defined the tasks of the ILO in the post-war period. It adopted the Philadelphia Declaration, which defined these tasks. The declaration became an annex and integral part ILO Constitution. The USSR government did not accept the ILO's invitation to participate in the conference. IN 1945 The ILO returned to Geneva .

The goals and objectives of the ILO are proclaimed in its Charter. The ILO's activities are based on tripartite representation of workers, employers and governments - tripartism.

The ILO is one of the oldest and most representative international organizations. Created under the League of Nations, it survived the latter and in 1946 became the first specialized agency of the UN. If at the time of its creation 42 states participated in it, then in 2000 there were 174 of them .

Structure of the ILO and its founding documents

A distinctive feature of the ILO is tripartism, its tripartite structure, within which negotiations are carried out between governments, workers' organizations and entrepreneurs. Delegates of these three groups are represented and deliberate on equal terms at all levels of the Organization .

The highest organ of the ILO is International Labor Conference, where all ILO acts are adopted. Delegates International conference There are two representatives each from the government and one each from the most representative workers' and employers' organizations of each participating State. The ILO Governing Body, also organized on a tripartite basis, is the executive body of the ILO. The International Labor Office serves as the secretariat of the ILO. ILO accepts Convention And Recommendations dedicated to labor issues. In addition to the conventions and recommendations, three declarations were adopted: 1944 year on the aims and purposes of the ILO (now included in ILO Constitution), 1977 ILO Declaration on Multinational Enterprises and Social Policy, and 1998 ILO Declaration on Fundamental Rights and Principles at Work. Conventions are subject to ratification by participating countries and are international treaties that are binding upon ratification. Recommendations are not legally binding acts. Even if a state has not ratified a convention, it has obligations by virtue of its membership in the ILO and its adherence to its constitution on the four fundamental principles of labor enshrined in the 1998 ILO Declaration. These are the principles of freedom of association and the right to collective bargaining; prohibition of discrimination in labor relations; eradication of forced labor; and the prohibition of child labor. Eight ILO Conventions (respectively, Conventions No. 87 and 98; 100 and 111; 29 and 105; 138 and 182), called fundamental, are also devoted to these four principles. These Conventions have been ratified by the vast majority of countries in the world and the ILO monitors their implementation particularly closely.

The ILO cannot enforce even ratified Conventions. However, there are mechanisms for monitoring the implementation of the Conventions and Recommendations by the ILO, the main essence of which is to investigate the circumstances of alleged violations of labor rights and give them international publicity in the event of prolonged ignoring of the ILO’s comments by a state party. This control is carried out by the ILO Committee of Experts on the Application of Conventions and Recommendations, the Governing Body Committee on Freedom of Association and the Conference Committee on the Application of Conventions and Recommendations.

In exceptional cases, in accordance with Article 33 of the ILO Constitution, the International Labor Conference may call on its members to exert influence on a state that is particularly violating international labor standards. In practice, this was done only once - in 2001 in relation to Myanmar, which has been criticized for decades for its use of forced labor and has refused to cooperate with the ILO on the issue. As a result, a number of states applied to Myanmar economic sanctions and it was forced to take a number of steps towards the ILO.

ILO Constitution

ILO Declaration of Philadelphia

In 1944, at a session in Philadelphia, USA, the International Labor Conference adopted the Declaration of Philadelphia, which clarified the goals and objectives of the Organization.

The Declaration embodies the following principles:

• labor is not a commodity;

  freedom of speech and freedom of association are essential to continued progress;

  poverty anywhere is a threat to overall well-being;

  all people, regardless of race, creed or gender, have the right to exercise their material condition and spiritual development in conditions of freedom and dignity, economic sustainability and equal opportunity.

Rules of Procedure of the International Labor Conference

1998 ILO Declaration on Fundamental Principles and Rights at Work

Whereas the founders of the ILO were guided by the conviction that social justice is essential to achieving universal and lasting peace;

Whereas economic growth is essential but insufficient to achieve equality, social progress and poverty eradication, which underscores the need for ILO efforts to support strong social policies, justice and democratic institutions;

Whereas the ILO must, more than ever before, use all its standard-setting, technical cooperation and research capacity in all its areas of competence, in particular employment, training and working conditions, to achieve in a manner that, within the framework of a global strategy for socio-economic development, economic policies and social policies mutually reinforce each other, creating conditions for large-scale and sustainable development;

Whereas the ILO should pay particular attention to the problems facing persons who have special social needs, in particular the unemployed and migrant workers, and mobilize and encourage efforts at the international, regional and national levels to address them problems, and promote effective policies aimed at creating jobs;

Whereas, in order to strengthen the links between social progress and economic growth, the guarantee of respect for fundamental principles and rights at work is of particular importance and significance, since it allows stakeholders to freely and on equal terms demand their fair share of the wealth they create helped and also enables them to realize their full human potential;

Whereas the ILO is an international organization mandated by its Constitution to be the competent authority for the adoption and application of international labor standards and enjoying universal support and recognition for the promotion of fundamental rights at work that are an expression of its statutory principles;

Whereas, in an environment of growing economic interdependence, there is an urgent need to reaffirm the immutability of the fundamental principles and rights enshrined in the Charter of the Organization and to promote their universal respect;

International Labor Conference:

1. Recalls: a) that by freely joining the ILO, all Member States have accepted the principles and rights enshrined in the Constitution and the Declaration of Philadelphia and have committed themselves to achieving all the objectives of the Organization using all means at their disposal and with full regard their inherent characteristics;

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From an analysis of the ILO Charter and three current ILO declarations, which are not international treaties, not normative legal acts, but special international sources labor law, it follows, in particular, the following generally accepted (fundamental) principles of international labor law:

1) the principle of social justice, including providing opportunities for everyone to participate in a fair distribution of the fruits of progress in the field of wages, working hours and other working conditions, as well as a living wage wages for everyone who works and needs such protection;

2) the principle of equal pay for equal work;

3) the principle of freedom of speech and freedom of association of workers and employers as necessary condition constant progress;

4) the principle of humanity (humanism) in the world of work, including providing workers with humane working conditions, recognizing poverty as a threat to general well-being and recognizing the right of all people to enjoy their material well-being and spiritual development in conditions of freedom and dignity, economic sustainability and equal opportunities;

5) labor is free and is not a commodity;

6) the principle of social partnership, including equality and cooperation between representatives of workers, entrepreneurs and governments.

The literature has proposed a different set of fundamental (generally accepted) principles of international labor law. Thus, E. A. Ershova points out among them the supremacy of international labor law over national legal acts regulating labor relations. In this regard, we note that on the issue of the relationship between international and national law in science international law, constitutional norms of certain states, there are different approaches and concepts (for example, the courts of England or the United States have a different approach to the issue of applying international law and its relationship with national legislation than law enforcement officials of Belarus and Russia, therefore the supremacy of the former over the latter cannot be generally recognized principle). In addition, intergovernmental and interdepartmental international treaties, by definition, cannot have supremacy over the Constitution and other legislative acts, taking into account the level and competence of the bodies that concluded them. Also controversial is the attribution of E. A. Ershova to the generally accepted principles of international labor the rights of ideas such as equal rights for judicial protection and conscientious execution international obligations, since these guiding legal ideas have general legal significance, since they relate to any branches of law, and not just labor rights.

Before the 1998 Geneva Declaration, the fundamental rights falling within the purview of the ILO were generally classified into three groups of rights: freedom of association, the abolition of forced labor and protection from discrimination in employment.

TO principles concerning fundamental rights at work, The Geneva Declaration of 1998 included the following four legal ideas:

1) freedom of association and effective recognition of the right to conduct collective transfers;
dialects;

2) abolition of all forms of forced or compulsory labor;

3) effective prohibition of child labor;

4) non-discrimination in the field of work and occupation.

D. V. Chernyaeva drew attention to the fact that “the fundamental nature of the above principles and rights was established by the UN in 1995 at the UN World Summit on Social Development in Copenhagen (Denmark).”

It is important to emphasize that even before the proclamation by the ILO, the principles relating to fundamental rights in the world of work were reflected and developed in seven fundamental ILO conventions, to which an eighth was added in 1999 - No. 182 on the prohibition and immediate measures to eradicate the worst forms of child labor.

The question of the binding nature of generally accepted principles of international law is highly controversial in the science of international and labor law. A fairly common point of view in the literature is that only those generally recognized principles that are enshrined in the statutory documents of international organizations, based on the fact of membership in them, or developed in conclusions with their participation, are obligatory for application by states. international treaties, and those reflected in the declarations are optional. N.L. Lyutov believes that “based on considerations of the primacy of state sovereignty, in order to determine the fact that Russia is obligated to this or that legal norm or a principle not ratified by the Russian Federation, two conditions must be present: a) general recognition of this norm or principle; b) Russia’s agreement that this norm is generally recognized, including in relation to Russia." Then the author essentially neutralizes his second condition, pointing out the absence of “evidence of Russia’s unwillingness to assume the corresponding obligations.” In our opinion, this approach, based on the need for two conditions for the binding nature of generally recognized principles of international law, is somewhat illogical and does not fully comply with paragraph 4 of Article 15 of the Constitution of the Russian Federation. This contradiction was also noticed by E. A. Ershova in a polemic with V. A. Tolstik, noting that with this approach “one can draw a rather strange conclusion about the need to apply only “our recognized” and not “generally recognized” norms of international law.” If each state determines for itself whether it considers this or that generally recognized principle mandatory, then the meaning of their universal recognition, universally binding and imperative nature will be lost. For example, Myanmar may not recognize the principle of prohibition of forced or compulsory labor and continue to violate fundamental rights of workers. Following the logic of N.L. Lyutov and V.A. Tolstik, for Myanmar this principle, generally recognized by the world community, but not recognized as such by Myanmar itself, is not obligatory for it to comply with. We believe that the mechanism of action of these principles is somewhat different (we will return to it below). In addition, Russia, pointing to the inclusion of generally recognized principles of international law in the legal system, and the Republic of Belarus, recognizing their priority, at the constitutional level voluntarily limited their state sovereignty in favor of this part of international law.