The effectiveness of labor law: advocating for a necessary dialogue between international law and labor law through transconstitutionalism.

Abstract

This paper intends to present a new foundation for the dialogue involving Labor Law and International Law, in order to guarantee the effectiveness of labor rights. Firstly, the growing role played by the International Labor Organization (ILO) in prescribing rules that create an equal minimum set of rules to all international society in an increasingly globalized world is presented. Subsequently, the different rules formulated within ILO are discussed in order to verify the limited application of the Conventions. Afterwards, the transconstitutionalism approach is presented as a new contribution so that there is an effective application of the internationally designed labor rights, instead of the analysis of the hierarchy of norms when dully internalized by the national order. Finally, the feasibility of the application of such approach is discussed, starting from the sub-principle of the ‘most beneficial norm to the worker’, as well as judgments that already support the transconstitutional use of ILO rules.