International Labor Organization’s stance on work-related restrictions

Restrictions in labor law constitute a significant component of the content of the acts of the International Labor Organization’s regulatory framework, serving as vital instruments for governing labor relations at both the international and national levels. Particularly in the context of globalization, digitalization and proliferation of non-standard employment arrangements, these restrictions play a crucial role in safeguarding employee rights and maintaining stability in labor regulation. In 2023 report of the ILO Committee of Experts highlighted issues concerning the misalignment of Russian legislation with the international norms outlined in ILO Conventions Nos. 81, 87, 98, 100, and 111. Employing formal legal and comparative legal methodologies, this report conducts a comprehensive analysis of restrictions pertaining to trade union representation, the right to strike, prevention of sexual harassment and protection from mobbing, challenges related to gender and racial equality in the labor sphere and the operations of labor inspections. The study delves into the experiences of various foreign countries (France, India, Hungary, Finland, Sweden, USA, Great Britain, and Germany) in addressing these issues, and proposes strategies for enhancing Russian labor legislation to align with ILO conventions. Furthermore, through a systematic examination of law-making and law enforcement practices of the ILO, it provides a refined interpretation of the concept of “restriction in labor law”. The novelty of this work also lies in its integrated approach, analyzing labor and legal restrictions within the international and national legal systems of states. This study fills a gap left by previous fragmented research efforts that did not specifically address restrictions in labor law.