An Old but Gold Challenge for International Labour Law: Rethinking the Personal Scope of ILO Standards

Who are the workers for the International Labour Organization (ILO)? Who do the ILO standards apply to? These are old questions, but to this day they still spark divergences in the literature on the personal scope of international labour law. Based on bibliographic and documentary research, this text aims to examine what is the personal scope effectively adopted by the ILO and analyze whether its expansion is necessary, reflecting on why we should consider the rationality of ILO Convention No. 190 as a starting point for such enlargement. The research showed that, despite the exceptions, the ILO standards are predominantly focused on the standard employment relationship. However, in a scenario of vertical disintegration and workplace fissuring, this becomes problematic, as it leaves many workers outside its protective umbrella. To face this old but gold challenge, I advocate expanding their personal scope inspired by the logic underlying Convention No. 190: express adoption of a broad personal scope, regardless of the contractual form; regulation of situations; and concern with current working conditions. Replicating this rationality in future standards can help international labour law deal with the organizational transformations in the world of work.