Abstract

BOLANOS CESPEDES, Fernando. Jus cogens and labor rights. Rev. latinoam. derecho soc [online]. 2014, n.19, pp.3-29. ISSN 2448-7899.

This article proposes if there are labor rights which might be consider into the rank of jus cogens. The concept of jus cogens is discussed first, to then establish its relation with Labor Law. Later, this article goes deep into two specific issues of interaction between labor law and jus cogens, such as the principle of equality and non-discrimination, on one hand, and the right to decent work, on the other. This topic was also one of the most important discussions that occurred under the American Congress of Labor Law, sponsored by the International Society for Labor and Social Security Law, held in Guayaquil, Ecuador, in the of October, 2013. The underlying idea is that labor law scholars wonder if there are such fundamentals labor rights which are already achieved in the category of general and mandatory international law. As a conclusion, this paper makes an important approach, in the field of comparative law, to the enforcement of labor equality and decent work in Latin America.

Keywords : Jus cogens; non discrimination; decent work.