Collective Labour Disputes: Fundamental Aspects of Labour Law

Abstract

The paper studies the issues of defining collective labour disputes, conciliation procedure of considering and resolving them. To study the concept RF Labour Code and labour law doctrine have been applied. The paper attempts to make up new approaches to defining the concept of collective labour disputes which determines consistently the problems in applying RF labour law norms, other normative legal acts which determines the problems in applying RF labour code norms other legal acts containing labour law norms, collective agreements, social and partner agreements, local normative acts. The aim of the research is to improve the concept of collective labour disputes, conciliation procedures, their study and resolving (by a conciliation commission involving a mediator or in a labour arbitration), participation of state bodies to settle collective labour disputes. The paper solves the following tasks: 1)characteristic features of collective labour disputes and disagreements, 2) the definition of collective labour disputes and their classification, 3) the paper gives a systematic analysis of the employers, trade unions and their associations, settlement procedures to consider them and resolve Procedures to consider and resolve them (by a conciliation commission involving a mediator and or in labour arbitration court), participation of state bodies settle collective labour disputes (by a settlement commission involving a mediator or in labour arbitration court), participation of state bodies to settle collective labor disputes; 4) suggestions have been made to improve them for article 61 of RF Labour code. The novelty of the research is that on the basis of theoretical patterns and provisions of RF Constitution, conventions and recommendations of the International Labour Organization (ILO), decisions of the Freedom of Association Committee of the ILO Governing Body, RF Labour Code fundamental problems and issues have been studied to consider and settle collective labour disputes in the current social and economic conditions. The theoretical principles and conclusions contribute to the development of conceptual model to consider and settle collective labour disputes, serve a basis for other research in this area, may be applied for further improvement of the RF Labour Code and other normative cts with the elements of labour law norms.