The Right to Work in International and National Law in the Time of Globalization

Abstract

Work is not a commodity like all other commodities, but it is an emanation of the human person. For this reason, its value is higher than all other things. With the beginning of industrialization, in addition to state measures for the protection and education of work, the workers joining forces in mutual unions have done everything to oppose the inferiority of the labor factor to capital. It should be emphasized that the right to work is not a subjective right that you can claim in court in case of non-realization, but it is a principle that the State through policies must be committed to create conditions for everyone to be employed. In the time of economic and financial globalization that today's society is experiencing, the right to work is not regulated only in national legislation, but also in international legislation and collective contracts. In this work, the sources of international labor law approved by the ILO, the UN and some regional organizations such as the Council of Europe and the European Union will be explained first. It is very important to know the international sources for labor law because they occupy a privileged position in the hierarchy of sources of law in the Republic of Albania, which are often overlooked by law enforcement officers. After exhausting the sources of international labor law, the national sources will be treated with a focus on our Constitution. A special place in this work will be occupied by trade union freedom and the right to strike according to domestic law, which have historically represented the basic means to protect the rights of women workers. At the end of the report in this conference, we will briefly dwell on the impact of globalization on labor law.

Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024