International Labour Law

Research Guides 

Sources of International Labour Law 

International Labour Organisation

The principal international institution that develops and enforces international labour law is the International Labour Organization (ILO), a specialised agency of the United Nations with the mandate to promote social justice and internationally recognised human and labour rights. Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. The ILO's labour standards form the majority of the sources of international labour law.

• The objectives of the ILO are contained in the Preamble to the ILO Constitution, and the Annex to the Constitution, entitled Declaration concerning the aims and purposes of the International Labour Organisation (the 'Declaration of Philadelphia'). These objectives form the basis for the formation of the international labour standards.
• ILO Declaration on Fundamental Principles and Rights at Work. This declaration is binding on all Member States and commits them to respect and promote principles and rights in four categories, whether or not they have ratified the relevant Conventions. These four categories are freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation (Article 2).

Other sources of International Labour Law 

Treaties adopted outside the ILO framework, and certain rules of customary international law also form part of international labour law. 

A number of UN Human Rights Conventions create international labour law. Many of the rights and obligations conferred by UN Treaties include some that are intended to be exercised specifically in the context of employment, such as the rights to equal pay and to join and form trade unions. In addition, UN instruments confer rights that are intended to be exercised generally but also affect the employment relationship. For example, instruments that guarantee free association require that individual workers should have the right to form and join trade unions. UN Human Rights Declarations, Covenants and Conventions that form part of international labour law include:

• The Universal Declaration of Human Rights, 1948 (Article 23 establishes the right to work, to equal and fair remuneration and the right to form and join trade unions)
• The International Convention on the Elimination of All Forms of Racial Discrimination, 1965
• The International Covenant on Civil and Political Rights, 1966
• The International Covenant on Economic, Social and Cultural Rights, 1966
• The Convention on the Elimination of All Forms of Discrimination Against Women, 1979 
• The Convention on the Rights of the Child, 1989 
• The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 2003 

For more information on the Human Rights Conventions, see the Human Rights Law Research Guide.