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the Concept of worthy work the SQUANDERER as the basic doctrine of development of the international law of master and servant

In June, 1999 at 87th session of the International conference of work the General director of the International organisation of work Juan Somavija has proclaimed worthy work as the primary purpose the SQUANDERER [9].

So the basic doctrine of development of the international law of master and servant which became a leitmotif of activity the SQUANDERER the next decades and proceeding and to this day was born. It is necessary to notice, that the statement of the concept of worthy work the SQUANDERER became one of steps of reforming the SQUANDERER along with transition from 39 priority programs to such strategic problems, as assistance of realisation of the basic rights and freedom in work sphere, employment, social protection and social dialogue. It is important to mention, what exactly these four problems have laid down in a basis of the concept of worthy work the SQUANDERER.

As the reasons of creation the SQUANDERER numerous revolutions have served in Europe, and also heavy and unacceptable working conditions and lives of workers of that time. The following mark of development the SQUANDERER after acceptance of the Filadelfijsky declaration in 1944 [10], defined both approved main objectives and problems the SQUANDERER during post-war time became direct establishments of the Organization. The Filadelfijsky declaration has established main principles the SQUANDERER, namely: work is not the goods; the freedom of speech and trade-union activity is the important factor of development; poverty is represented a destabilising element for social and economic development and it needs to be eradicated in each state by constant and incorporated international efforts to a basis tripartizma. It is noticed, that the strong world can be established only on the basis of social justice. Achievement of conditions at which it will be possible, should be an overall objective national and a world policy which should be considered and be accepted for the purpose of assistance to achievement to the primary goal. Thus the SQUANDERER promotes working out and acceptance by the countries of the world of the programs, having the purpose, for example, the full-time job and increase of the standard of life, necessary protection of a life and health of workers on all works and others.

Already on a joint of millenia (in 1999) the SQUANDERER and the world as a whole have appeared in the face of new threat - the globalisation which have generated changes in economic and social environments.

First of all we will address to concept, the philosophical bases and fundamental calls of globalisation. Attempts of an explanation of concept the "globalisation" formed from an English word «globe» - "globe" [11], involuntarily cause associations with social and natural processes of planetary scale. The term "globalisation" was entered by R.Robertson in 1983 [12]. Nevertheless this term remained not noticed world community and only in first half 1990th years interest to globalisation processes began to appear. Globalisation became one of most pressing questions of the present and it proves to be true that last 20 years the world community during the world congresses and symposiums paid special attention to global problems and a globalisation phenomenon as a whole. It is important to note, as the SQUANDERER has not stood aside.

According to the majority of scientists, globalisation is not that other as the created phenomenon for advancement and lobbying of interests of transnational corporations and domination of one international participants over others [13] is artificial. However there are also other points of view in which globalisation appears as objective process which has centuries-old history [14]. It is represented, that both points of view are worthy, and moreover, globalisation sees to us synthesis of the above-named concepts. From a position of the scientists adhering to the second point of view, the globalisation which has generated global problems and becoming real threat for mankind, has begun not in 20 century, and much earlier [15]. In spite of the fact that globalisation the phenomenon of planetary scale, its contours in the beginning were rather uncertain. The first attempts to understand the world as the organic whole have been undertaken already in second half of 18 centuries. In works Lamarka, Maltusa, the Edging, Marx, Engels, Danilevsky, Spengler and others it is possible to find only intuitive representation about general interrelation live, lifeless and social [16]. They were on the threshold of the world concept as organic whole. Thereupon it is important to note Thomas Maltusa's ideas on natural regulation of a population and concept Lamarka about biosystem evolution and a role of the person in it. Also the first attempts to represent all world history as the self-adjustable and progressively developed process [17] have been undertaken. Such position was characteristic and for philosophy of the Edging with its concept of general history and idea of an everlasting peace. The edging establishes, that the nonviolent world order is not empty idea, and a problem which is authorised also all becomes closer to realisation [18]. Development commercial and sotsiokulturnyh mutual relations between the states inevitably leads to registration of such contacts in a legal key, as has served as the precondition to occurrence of international law and legal globalisation. However the international law cannot answer calls which appear in process of society and state development alone. The international organisations (the United Nations, the SQUANDERER, UNESCO, etc.) which are a part of global legal interstate system gradually began to be created and develop.

Also it is important to note Charles Marx's ideas and Fridriha Engels which have made an attempt to carry out deeper analysis of economic, political and cultural globalisation in the various countries and societies. They have made it during this period when globalisation was not so is appreciable, how now, and its results have affected separate spheres of a life only indirectly [19]. Marx and Engels were the first who has imagined the mankind future as the uniform and homogeneous phenomenon. Thus, they have given methodological bases for regular researches of the globalisation based on understanding of laws of development of the person in the past [20].

On the basis of the aforesaid, globalisation can be defined as difficult and inconsistent process of construction of the world by creation global institutsionalnyh structures and global cultural forms, i.e. forms which have been created or transformed to globally accessible objects. Such globally accessible objects are:

1) the free market as a basis of economic association of the world with uniform structure of manufacture and consumption;

2) democratic association of the world on the basis of common interests of mankind, such as justice, protection of human rights, including human rights on worthy work, leadership of the law, the world and safety;

3) moral integration into the world concerning some central humanistic values, important for a mankind sustainable development.

However globalisation as it has been noted above, is inconsistent process. First of all because participants of global relations, for example, transnational corporations for which an activity main objective is maximisation of profit and decrease in production costs, including at the expense of deterioration of working conditions, fall of wages to workers, uses children's and forced labour etc. use globalisation fruits

Juan Somavija in the report also underlined this aspect, speaking to what the SQUANDERER in connection with the special position on a world scene, being on a demarcation line between a society, economy and lives of usual people-workers, acts in avant-guard on advancement of idea of worthy work.

Worthy work is the purpose globally accepted for achievement and the tool for improvement of a life of people. It is necessary to note special dualisticheskuju essence of worthy work:

• worthy work acts as the major purpose which should be reached the world community before XXI-st century calls, namely before globalizatsionnymi processes;

• worthy work simultaneously is as well the effective tool of realisation of the purposes and the problems put by the concept of worthy work, during a life.

Thereby the concept of worthy work the SQUANDERER represents the purpose and the tool which resist to globalisation calls. Priorities of the concept of worthy work the SQUANDERER are the decision of four strategic problems in such areas, as fundamental rights and freedom in sphere of work by effective application of the international labour standards and the Declaration the SQUANDERER of 1998; employment in the conditions of global economy which allows to create set of new workplaces; social protection which in the conditions of special variability of economy becomes more and more actual; social dialogue and tripartizm which promote strengthening of a role of each of participants the SQUANDERER, and to their further involving in dialogue process.

After announcement in 1999 the program of worthy work the SQUANDERER began to develop promptly owing to what it needed "high" fastening and institutsionalizatsija. Such sign legal document of the program of worthy work the SQUANDERER is the Declaration the SQUANDERER about social justice with a view of fair globalisation from June, 10th, 2008 [21]. This historical Declaration fixes modern vision the SQUANDERER of the mandate during a globalisation epoch, and also the SQUANDERER as a rod element of the policy proclaims the concept of worthy work.

The declaration on social justice with a view of fair globalisation is under construction on values and the principles presented in the Charter the SQUANDERER, placing on their special emphasis with a view of the adequate answer to XXI-st century calls. The moment of occurrence of the Declaration is preceded general destabilization in the work sphere, by new displays of infringements of the rights of the workers, increasing concern concerning process of globalisation and necessity of that the international organisations made considerably more harmonious and co-ordinated efforts directed on the decision of these questions. In our opinion, special, tripartite structure the SQUANDERER which assumes an exchange and vzaimodopolnenie practical and theoretical experience of the social partners, based on principles of social dialogue, and unsurpassed fundamental nature of methods of work the SQUANDERER, considered as a basis of achievement of a consensus, will allow to solve effectively problems which are provided by the concept of worthy work the SQUANDERER and to resist to globalisation calls.

The declaration on social justice with a view of fair globalisation in a root updates activity of the Organization after acceptance of the Filadelfijsky declaration. By joint efforts of the countries-participants and the SQUANDERER real and effective rapprochement national and a world policy which would lead to fair globalisation and to wider availability of worthy work to women and men of all planet should be provided. It is necessary to underline especially, that the Declaration has been accepted after nine years after announcement and acceptance as basic vector of development of the international law of master and servant of the concept of worthy work the SQUANDERER which has passed "approbation" within the limits of the international cooperation between the countries - participants and the SQUANDERER.

In the Declaration indissolubility of four strategic problems of the concept of worthy work the SQUANDERER which are interdependent and vzaimodopolnjaemymi is especially marked. It is represented, that the impossibility to solve any of them will reduce speed of the decision of others in this connection for achievement of the greatest effect assistance of member states in the decision of problems of the concept which should become uniform global complex strategy the SQUANDERER on achievement of the purposes of worthy work is required. How member states will achieve the decision of strategic problems of the concept, dares according to their international obligations, and also basic principles and the rights in work sphere. Besides, it is necessary to consider to the full:

• national conditions, features and requirements, and also priorities which put before itself the representative organisations of employers and workers;

• interdependence, solidarity and cooperation between all member states and the SQUANDERER, which steels as never actual in a context globalizatsionnyh processes in economy, a society, the right;

• principles and positions of the international labour norms.

With reference to a theme of dissertational research it is necessary to notice, that through a prism of interaction the SQUANDERER and member states EAES is carried out arrangement of priorities for achievement of the purposes of worthy work within the limits of each country, considering the above-named conditions.

In the Declaration are fixed and in details strategic problems of the concept of worthy work the SQUANDERER reveal. The first of them consists in assistance of employment which is reached by formation stable institutsionalnoj and the economic environment assuming possibility of expansion and increase of potential possibilities and skills, necessary for workers to be engaged in the productive work providing with it achievement of the put personal purposes and the general well-being. It is represented, that employment assistance is a significant and important strategic problem in struggle against the poverty promoting achievement of steady economic growth.

The second problem is working out and expansion of measures of social protection - social security and protection of workers which should have steady character and answer national conditions. It is thought, that social security is a powerful link of the concept of worthy work the SQUANDERER, providing a living wage, called to smooth the reason and poverty consequences, and also promoting amortisation of incomes after an exit on pension.

The third strategic problem assumes assistance to social dialogue and tripartizmu as to an appropriate way of reduction of decisions of strategic problems in conformity with requirements and possibilities of each country in which frameworks the proof interrelation of economic development and social progress which should make direct impact against each other is established. Social dialogue and tripartizm should promote consensus achievement on corresponding measures national and a world policy, affecting employment, and also on strategy and programs in the field of worthy work. It is represented, that social dialogue between social partners on a basis tripartizma promotes formation of a consensus and acceptances of key decisions in work sphere in a democratic channel.

Fourth and last strategic problem of the concept of worthy work the SQUANDERER consists in observance, assistance and realisation of basic principles and the rights in sphere of work which have special importance and as the basic rights and as the favorable conditions necessary for the universal decision of all strategic problems. It is formulated, that strong basis for the concept of worthy work the SQUANDERER are basic principles and the rights in the work sphere, covering such questions, as freedom of association and associations, the effective right to conducting collective negotiations, eradication of all forms of forced labour, categorical prohibition of child labour, discrimination elimination in work sphere.

The SQUANDERER within the limits of the activity supports also the help to member states in progress achievement on a tripartite basis for the decision of all strategic problems, including by means of separate government programs of worthy work and within the limits of United Nations Organization system. At the same time the basic responsibility for entering of the contribution to business of realisation of the global complex strategy directed on the decision of strategic problems of the concept of worthy work the SQUANDERER by means of carrying out necessary social and economic policy is placed at member states. Performance of the concept of worthy work the SQUANDERER at national level will depend on national requirements and priorities, therefore member states is made responsible together with the representative organisations of workers and employers to define how they should carry out function on realisation of strategic problems of the concept of worthy work the SQUANDERER. At the same time it is underlined, that on the SQUANDERER the double problem is assigned to accept and promote the international labour norms, and also to watch their application in member states [22]. Especially it is necessary to underline, that member states if necessary carry out an exchange of national both regional advanced practice and the experience which has been saved up during successful carrying out of national and-or regional initiatives taking into account aspects of worthy work, and also render in borders of available resources the corresponding help to other member states on a bilateral, regional or multilateral basis in their efforts directed on observance of principles and the decision of strategic problems of the concept of worthy work the SQUANDERER. It is represented, that the co-operative functions of member states set forth above regarding an exchange of national both regional practice and rendering of the corresponding help to other member states in the decision of problems of the concept of worthy work the SQUANDERER should become a rod element of interaction of member states EAES regarding labour legislation and exchange harmonisation by positive experience in frameworks of the decision of fundamental problems of the concept of worthy work the SQUANDERER.

It is necessary to notice, that in 2013 the General director SQUANDERER Guy Ryder has presented the report on a way by century the SQUANDERER [23] in whom the factors influencing sphere of work in the twenty first century are analyzed, and also seven initiatives, called to strengthen the mandate the SQUANDERER in the decision of the specified problems are offered. G aem Ryder allocates following factors of transformation of sphere of work:

• influence of demographic changes;

• transition to ecological stability;

• development of technologies;

• change of profiles of poverty and prosperity;

• a growing inequality and a social justice problem;

• balance restoration, convergence and gradual improvement of economy; and

• changing character of manufacture and employment.

Seven initiatives in reply to the factors specified above are offered:

1. The initiative concerning a management and management (reforming of structure of management the SQUANDERER and carrying out of an estimation of influence of the Declaration of 2008 according to the established purposes and problems);

2. The initiative, concerning norms (authority increase

The international labour standards, strengthening of a tripartite consensus and development of monitoring systems);

3. The green initiative (steady ecological development);

4. The initiative concerning the enterprises (creation of a platform of interaction the SQUANDERER with the enterprises with a view of development and achievement of problems the SQUANDERER);

5. The initiative on poverty eradication (eradication of poverty with a view of satisfaction of urgent requirement for an adequate standard of living and worthy work for all workers);

6. The initiative, concerning workers-women (research of a place and position of the woman in sphere of work and attraction of tripartite participants to realisation of equality of possibilities and influences); and

7. The initiative of the century, concerning the future of sphere of work.

Specified above the initiative should be integrated into programs and

Tools the SQUANDERER. It is necessary to underline especially, that achievement of the specified initiatives directly depends on achievement of strategic problems of worthy work the SQUANDERER. In our opinion, the direction specified above factors in a social channel and realisation of initiatives is expedient for solving not at level of each separately taken country, and at integration level of interaction. It is obviously necessary to offer as a platform for complex realisation of initiatives the Euroasian economic union. In our opinion, presence of the general directions of legal regulation of labour relations in the countries EAES which have resulted realisation of bilateral certificates of cooperation of member states of the Union and the SQUANDERER, defines necessity of inclusion for the Declaration of century of the positions connected with worthy work. In adherence to the concept of worthy work the SQUANDERER, in our opinion, also consists the future in sphere of work for all member states the SQUANDERER, including for the countries EAES.

The SQUANDERER is engaged in problems and problems of the concept of worthy work not only the International organisation of work, but also researchers in the field of the international law of master and servant. It is noticed, that «the rights of workers along with employment, social protection and social dialogue are carried the SQUANDERER to the major values of worthy work. The concept of worthy work should promote a possibility of a combination of work and rest, the income and solidarity with other workers, possibility of reception or continuation of formation, the permission of arising disagreements with the employer, etc.» [24].

Also it is underlined, that «the concept of worthy work develops idea of basic principles and the rights in sphere of the work, fixed in the Declaration the SQUANDERER of 1998 At the Program of worthy work is not present the accurate definition fixed in any international certificate. Nevertheless concept« worthy work as possibilities for women and men to get worthy and productive work on the terms of freedom, justice, safety and human advantage »means, as it is underlined in the report, four measurements of work connected together: maintenance of the rights on work, employment, social protection and social dialogue [25].

Representatives the SQUANDERER specify that concept «worthy work» much more capacious and complex, than concept "work" as includes such criteria, as the normal conditions, the adequate salary, social protection of the worker, absence of discrimination and prosecutions on a workplace, possibility to realise the vote. Thus, it is possible to draw a conclusion that is far not any work which would provide realisation by the worker of its personal aspirations, is worthy. It is besides, noticed, that that work inherently was rather worthy, the states should ratify eight basic conventions the SQUANDERER [26]. The specified conventions are ratified by Russia. However except

Basic, there is also priority conventions a SQUANDERER [27] which also require ratification. It is noticed, that for maintenance of worthy work in our country it is necessary to ratify last convention № 129, having created thus the necessary base to the concept of worthy work the SQUANDERER [28].

Important the statement is represented, that the program of worthy work the SQUANDERER is the answer to globalisation calls in work sphere and consequently defines development of the foreign law of master and servant in modern conditions. Moreover, at the given stage the concept of worthy work the SQUANDERER is not only the answer to calls globalizatsionnyh processes, but also evolves in the basic doctrine of development of the international law of master and servant, the law of master and servant of separate integration associations (for example, EAES) and the law of master and servant of each separately taken state on a world scene [29]. Researchers of Byelorussia adhere to the similar point of view and it is thus noticed, that representatives of Byelorussia give special attention to development of the decisions directed on softening of consequences of globalisation in the field of employment, fair distribution of incomes, alignment of social and economic development of the countries, realisation of the global concept of worthy work the SQUANDERER [30]. The position of researchers in the field of the law of master and servant of the Kirghiz Republic concerning a state policy in sphere of work and employment which is directed on softening of action of the adverse factors connected with functioning of a labour market, prevention of growth of unemployment, an exception of the reasons generating unemployment is similar. Exaggeration will not tell, that the purposes of the law of master and servant can be realised precisely in interrelation and through a spectrum of the most various directions of legal regulation of public relations (in the field of enterprise and investment activity, tax and migratory relations, vocational training etc.) [31].

Also it is underlined, that «the program of worthy work the SQUANDERER on the essence is innovative as defines priorities of development of the foreign and international law of master and servant, and also forms new tendencies in development of the law of master and servant the next 10-15 years» [32]. It is represented, that special innovatsionnost concepts consists in its nonclassical, neinstitutsionalnom the approach to studying and development of the law of master and servant. The synergy and interrelation of its four elements pawn a fundamental kernel of the modern law of master and servant. Moreover, the concept of worthy work the SQUANDERER is not the fallen asleep system, and represents a live and developing organism which possesses the purposes and constantly improved toolkit for successful performance of the planned problems.

It is thought, that the concept of worthy work the SQUANDERER is necessary for considering and from the point of view of those who directly should feel on itself(himself) its influence. Complexity of the concept of worthy work the SQUANDERER which is reflected in diverse value of worthy work is marked,

Predetermining width of constituting elements. The specified elements provide transfer of the general criteria and requirements, characteristic for such work, in an individual channel, in the differentiated approach to definition, comparison and an estimation of each concrete work [33]. In our opinion, the above-named point of view, undoubtedly, is worthy, as being

The basic doctrine of development of the international law of master and servant, the concept urged to improve work of workers of separate branches of managing and work of each separately taken person. In this aspect it is possible to allocate some conventions which regulate work of separate categories of workers: the convention the SQUANDERER № 188 about work in fishing sector, the convention the SQUANDERER № 189 about worthy work of house workers, etc.

Also special value of the concept of worthy work the SQUANDERER as a component of strategy of social and economic development and as the purpose of social policy of the state is allocated also. Concepts the important place in the course of strengthening of a role of a sociolabor policy in the decision of problems of the organisation of labour activity is taken away. Within the limits of such process speech also should go about granting to everyone comprehensible to it (within organisation possibility) a choice of character and the maintenance of work on the basis of transition from a narrow division of labour to a variety of carried out functions; increase of independence and responsibility for end results; strengthening of horizontal cooperation communications and interactions by change of character of labour relations from submission to partnership; creation of the favorable social environment by increase of the general level of education, formation, culture, legal and social protection of the working person [34]. In our opinion, the concept of worthy work the SQUANDERER is the important element of social policy of the state. If to consider that fact, that the average person on the average spends ten years the concept of worthy work the SQUANDERER becomes, without exaggeration, value for the world community, for the separate states and for each concrete person who searches for work on work, works or has already retired. Hence, the concept in one way or another influences each of us.

The leading part of the concept of worthy work the SQUANDERER is marked also by representatives of Republic Armenia: «the International organisation of work within the limits of the program of worthy work the SQUANDERER through the experts renders effective assistance to acceptance of key decisions during discussions of bills of changes in the labour legislation» [35]. It is represented, that the International organisation of work accepts not only indirect participation in advancement of worthy work, but also through the experts by means of preparation of expert judgements by them influences acceptance of the important decisions in labour sphere at national level.

On the basis of the aforesaid, it is possible to draw a conclusion, that the concept of worthy work the SQUANDERER is the developed basic doctrine of development of the international law of master and servant. Important separately to underline, that the concept of worthy work the SQUANDERER has direct influence on the labour legislation of each separately taken country, including on the legislation of the countries of the Euroasian economic union.

1.2.

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A source: Lenshin Artem Aleksandrovich. Influence of the concept of worthy work of the International organisation of work on development of the labour legislation of the countries of the Euroasian economic union. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

More on topic the Concept of worthy work the SQUANDERER as the basic doctrine of development of the international law of master and servant:

  1. genesis of interaction the SQUANDERER and the countries EAES in sphere of realisation of the Concept of worthy work the SQUANDERER
  2. CHAPTER 1. The CONCEPT of WORTHY WORK the SQUANDERER AS the FUNDAMENTAL VECTOR of DEVELOPMENT of the LABOUR LEGISLATION of the COUNTRIES EAES
  3. Lenshin Artem Aleksandrovich. Influence of the concept of worthy work of the International organisation of work on development of the labour legislation of the countries of the Euroasian economic union. The dissertation on competition of a scientific degree of the master of laws. Moscow,
  4. Chapter 2. The account of the doctrine of the law of master and servant at creation and development of institute of the employment contract
  5. § 2. Formation of the doctrine of the law of master and servant and ways of its influence on the labour legislation
  6. Chapter 3. Consequences of refusal of the account of the doctrine of the law of master and servant
  7. Some aspects of legal influence of the state on the public relations entering into a subject of the law of master and servant, in formation of the law of master and servant in Russia
  8. § 3. Research of questions of sources of the law of master and servant in a pre-revolutionary, Soviet and modern science of the law of master and servant
  9. § 1 Concepts of the international law of master and servant and system of its sources
  10. the Chapter II. The PROBLEMS CONNECTED With DEVELOPMENT of FORM OBEKTIVIROVANIJA of NORMS of INTERNATIONAL LAW, Within the limits of the DOCTRINE ABOUT INTERNATIONAL LAW SOURCES
  11. § 2.1. Concept and classification of forms of a concrete definition of norms of the law of master and servant
  12. 1.2 Concept of holiday of the law of master and servant of the Russian Federation and the Azerbaijan Republic
  13. § 5. The concept of triune system of sources of the law of master and servant
  14. Balitsky Cyril Stepanovich Vlijanie. of the doctrine of the law of master and servant on formation of institute of the employment contract. The dissertation on competition of a scientific degree of the master of laws. Ekaterinburg -, 2018 2018
  15. § 2.2. A concrete definition of norms of the international law of master and servant
  16. 1.1 Development of the legislation on representatives of interests of workers in the law of master and servant
  17. § 1.3. A concrete definition of norms in the law of master and servant: concept, functions and value
  18. Concept and the characteristic of subjects of the social power of the public relations entering into a subject of the law of master and servant