Decent Living and Working Conditions: Needs which are the Same All-Over the World

Federica Stamerra
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Federica Stamerra: University of Bari "Aldo Moro", Italy

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Abstract: This research concerns the anomaly intrinsically connected to the work contract: the disproportion, which means that contract parties are inevitably put at different levels. It plays a main role in the principle of freedom of contracts, since the coexistence of both a stronger and a weaker part implies that satisfaction of last one’s needs constitutes almost an act of clemency by the boss. The objective of the so-called minimum acceptable conditions, pursed by the first workers’ struggles, has become the supranational bigger aim. This paper places as a key focus on one hand the ILO, undertaken to reach social justice, and on the other hand the concept of “life and work decent conditions”, in order to analyse how can be possible to bind them and to reach an effective protection. The argument focused is the mandatory of ILO’s provisions, that is limited for each treaty to signatory States. It have to be considered as a lighthouse for all the States because they have the duty to protect their workforce. The text highlights a fundamental problem: if these conditions represent the minimum acceptable, they should be guaranteed, but they bind just the States subscribing to OIL’s agreements. It recent times has been therefore lost from sight an important aspect: despite the different economies of the individual states and the different demands of every single entrepreneur, the workers keep the same needs all-over the world. In conclusion, will be discussed the human aspect of the employment contract, since the performance is carried out by a human being, which remains a person everywhere.

Keywords: Working conditions; guardianship; contractual disproportion; human being. (search for similar items in EconPapers)
Date: 2016
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