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European Labour law: Compare and contrast the role and concerns of International Law with those of European Law in the field of Employment

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  1. Introduction
  2. Origin of the International and European Employment Law due to the protection of Workers' interests
    1. Origin of International Employment Law thanks to the normative function of the ILO: 'Labour standards'
    2. Origin of European Employment Law
  3. Concerns of international and European employment sources
    1. The principle of 'Social justice' in the International law
    2. European Law and the development of a Social Policy
  4. The protection of workers' interests by the enforcement of International and European Employment norms by States
    1. The enforcement of employment norms
    2. Controls of employment norms
    3. Remedies
  5. Conclusion

Employment law is a contract between an employer and an employee; it is issues regarding employment, workplace discrimination and other private law issues.
With the evolution of the International and the European law, Employment law has evolved in parallel and must deal with new concerns.
In fact, in International and European law, there is a social dimension in accordance with the protection of workers' interests thanks to the recognition of Fundamental Principles of the Human Rights which never ceases evolving. It is the basis of Democracy.
International law comes from mainly the International LaborOrganization which has a normative function. It is the result of a French industrial's idea to create an international law, to establish a common agreement between states to eliminate aggressive competition. Then, there were many important conferences like the one of Zurich and of Leeds, which took place later.
The European Employment law comes directlyfrom the European Union established by the Maastricht Treaty in 1992 which is a carrier of law-expansion. At the beginning, it was created by the Treaty of Rome to establish a Common Market in Europe. Today, the economic aspect is not the single objective because there is the important development of a Social Policy. In International law, it talks about the ?social justice'; it is what we will see in this essay. The Social law shows the degree of protection of a worker in his relationship with his employer. A national conception is not really possible with internationalization.
Coming from a different origin each and having different application areas, it is interesting to contrast and compare these two important laws.

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