Da necessidade do Direito do Trabalho

Labour is not a commodity

Grande depressão 1929

“At its heart, labour law examines legal regulation of employment relations. The case for a special examination of contracts for the performance of work rests on their economic, social and political significance. For most people, employment provides the principal source of income and wealth. The legal institutions that constitute and govern the relations of production between workers and their employers provide one of the cornerstones of modern economies. From a social perspective, work not only occupies a large proportion of most people’s days, but also provides one of the principal sites where can construct social relationships and seek meaning for our lives. (…)From a political perspective the employment relation lies at the centre of a fundamental conflict of interest that is intrinsic to capitalist societies. The conflict lies between the owners of capital, who invest in productive activities, and the workers, who supply the necessary labour. Employers seek to maximize the return on their investments, whereas the workers seek the highest price available for their labour, which digs into the employer’s profits.

(…) The economist´s analysis of labour as a “factor of production” is challenged by a rival perception that insists that the position of the worker raises profound issues concerning respect for the dignity of mankind. Under the aegis of the United Nations, The International Law Organization (ILO) promulgates universal standards designed to promote this humanitarian or social perspective. Its fundamental principle is: Labour is not a Commodity.”

(Labour Law, Text and Materials, Hugh Collins, K.D. Ewing and Aileen McColgan, Hart Publishing, Second Edition, page 5)

“Whereas universal and lasting peace can be established only if it is based upon social justice;

And whereas conditions of labour exist involving such injustice hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example, by the regulation of the hours of work including the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of equal remuneration for work of equal value, recognition of the principle of freedom of association, the organization of vocational and technical education and other measures;

Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries;

The High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, and with a view to attaining the objectives set forth in this Preamble, agree to the following Constitution of the International Labour Organization.” (ILO Declaration of Philadelphia, Preamble)