Abstract

BERMUDEZ ABREU, Yoselyn  and  HERNANDEZ JIMENEZ, Orielle. Protection of the illegal immigrant worker in Venezuelan legal ordinance . Gaceta Laboral [online]. 2009, vol.15, n.3, pp.93-112. ISSN 1315-8597.

The illegal immigrant worker is the legally weak party in labor relations, since his/her human rights as recognized by States and international organisms are infringed due to the degree of superiority the employer has, which allows him to not recognize such rights. The objectives of this article are: To analyze the theory of legal weakness from the perspective of International Labor Law and International Private Labor Law, as well as establish regulating standards for the labor activities of immigrant workers in Venezuela, referring to international rules formulated by the United Nations and the Organization of American States, as well as internal rules created by the Venezuelan legislator. Descriptive methodology, hermeneutic legal techniques and documentary observation of primary and secondary sources were applied. Conclusions were that in Venezuelan legal ordinance, the protection of illegal immigrant workers is based on all the constitutional rights and guarantees and on international treaties on human rights and internationally recognized labor rights.

Keywords : Illegal immigrant worker; legal weakness; International Labor Law; International Private Labor Law.