THE VARIABLE NATURE OF THE DUALISM OF MODERN LABOR LAW (A STUDY ON THE EXAMPLE OF BRICS FOUNDING COUNTRIES)

Abdullaev Elshan Elshadоgli

The purpose of this article is to study the variable nature of the dualism of labor law on the example of countries that are the founders of BRICS. Methodology. The methodological basis of this research is a structural-legal approach that allows us to present the dualism of international and national labor law as a set of different models that ensure the harmonization of two levels of legal systems - national and international. As the main method used in the process of working on the article, the formal-legal method was used, as well as the method of comparative analysis. Results The author structured current models of harmonization of norms of national and international law based on the dualistic paradigm of the development of the modern legal system, highlighted the differentiated features of these models. The obtained results can be used in the process of further scientific research conducted within the framework of the interaction of international and national legal systems, considering the objective presence of legal dualism. Conclusion Despite active participation in international labor law initiatives, the BRICS countries defend their sovereign right to interpret and implement labor standards, which leads to asymmetry of legal integration, which is a complex dynamic system of interaction of national legislation with international standards, where each of the parties strives in some way to maintain a balance between national interests and global international obligations.

Keywords:international labor law, national labor law, dualism, implementation, harmonization, legal regulation.