International Labor Law

International Law
International Law
Public vs. private
Public: rights between nations, or nations
and citizens of different nations
Private: controversies between private
persons resulting from relationships with
more than one country
International Law
Sources: Customary and
Conventional
International customs:
Countries follow practices out of a sense of
legal obligation.
Customary law was codified in the
Vienna Convention on the Law of Trea
ties.
International Law
Conventional laws:
Treaties & international agreement: A treaty is an
agreement between 2 nations that has been
ratified by each. (Under the U.S. Constitution,
Article II, Section 2, the president agrees, with the
advise & consent of the senate if 2/3 of senators
agree.)
Bilateral – 2 nations.
Multinational- several nations: EU & NAFTA
For a collection of multilateral treaties, visit the
Fletcher School at Tufts.
International Law
International Organizations &
conferences
Organizations through the
United Nations.
• International Court of Justice.
World Trade Organization
European Union
NAFTA
International Law
Comparative law
Common law system
• Derived from English traditions
• The law has primarily developed and continues
to be modified through judicial decisions.
Civil law system
• Derived from Continental European traditions
• The law is developed and modified through
enacted law.
For Example: Mexican Legal System
Modeled on civil law tradition, most
notably the French system.
Involves a complete set of written legal
codes.
If there is a gap or uncertainty, the
legislature completes the law.
The code is the exclusive source of
procedures & rights.
Rights & rules that have not been codified
do not exist, and are not implied.
The legislature, and not the courts, is the
traditional source of legal reform.
Mexican Legal System
Appellate decisions are generally not

binding.
Exception: Jurisprudencia, when an
identical legal issue is decided in an
identical manner for the 5th consecutive
time.
Stare decisis is insignificant.
The legislature is the primary source of
the law as well as changes to the law,
and the role of the judiciary is limited.
Mexican Legal System
The juicio de amparo (amparo)

Is a writ of protection that secures individual rights
guaranteed by the constitution
Allows individuals to protect constitutional rights in
criminal, civil, administrative, and labor disputes.
The major weakness is that a favorable judgment
resolves only the instant controversy, but does not
set precedent or protect similarly situated parties.
The Hierarchy of Law in
Mexico would be:
Mexican Constitution
Treaties
Federal Law
Regulations
State Constitutions
State Laws
NAFTA
The United States, Canada, and Mexico
launched the North American Free
Trade Agreement (NAFTA) in 1994.
It opened up free markets between the

3 countries.
North American Agreement on
Labor Cooperation (NAALC)
NAFTA countries are not required to

enforce the laws of the other countries, but
by signing, they have agreed to enforce
their own laws.
For Example: Labor & Employment Laws in
China
Employees beginning work on or after 1/1/08 are
covered under the new Labor Contract Law
Employment relationship must be based on a written
employment contract. 3 Types:
• Fixed-term contracts
• Open-ended contracts
• Contracts for the completion of a certain project
Contract must contain complete
information
Name, domicile, legal rep of employer
Name, domicile, number of the resident
ID of worker
Term of employment contract
Job description & place of work
Working hours, rest & leave
Contract must contain complete
information (cont’d)
Labor compensation
Social insurance
Labor protection, working conditions &
protections against hazards
Other matters which laws & statutes
require to be included
Leave Regulations (minimum leave for all
employees working continuously for over one
year)
Minimum Annual Continuous

Paid Leave Employment
5 days < 10 years
10 days 10-20 years
15 days >20 years

There are 11 official national holidays
Tomb-Sweeping Day 3-day Spring Festival

Dragon Boat Festival 3-day National Day
Mid-Autumn Festival
May Day
New Year
Tighter Restrictions on Probationary
Periods
Terms of the Maximum Length of the
Employment Contract Probationary Period
<3 months 0 months
>3months <1year <1 month
≥1 year <3 months ≤2 months
≥3 yrs or open-ended ≤6 months

contract
Employment Promotion Law
Prohibits discrimination based on
Ethnicity
Race
Gender
Disability
Religious belief
Migrant workers
Age discrimination
Not prohibited
Mandatory retirement age
60 for men
55 for women
Relevant International Law
Convention 111 of the International Labor

Organization (ILO) on Discrimination in Respect
of Employment and Occupation states,
Article 11(1) of the Convention on the Elimination
of All Forms of Discrimination Against Women
(CEDAW)
International Covenant on Civil and Political
Rights (ICCPR)
American Convention on Human Rights (ACHR)
Universal Declaration of Human Rights
http://www.un.org/Overview/rights.html

International Labor Law

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International Labor Law

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International Law

Appellate decisions are generally not

The juicio de amparo (amparo)

It opened up free markets between the

NAFTA countries are not required to

Minimum Annual Continuous

10 days 10-20 years

15 days >20 years

Tomb-Sweeping Day 3-day Spring Festival

>3months <1year <1 month

≥1 year <3 months ≤2 months

≥3 yrs or open-ended ≤6 months

Convention 111 of the International Labor

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