Alexey Petrov 1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Collective Labour Disputes: Fundamental Aspectsof Labour Law

2014. No. 3. P. 86–101 [issue contents]
The paper studies the issues of defining collective labour disputes, conciliation procedure of consideringand 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 disputeswhich determines consistently the problems in applying RF labour law norms, other normative legal actswhich determines the problems in applying RF labour code norms other legal acts containing labourlaw 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 andresolving (by a conciliation commission incvolving a mediator or in a labour arbitration), participation ofstate bodies to settle collective labour disputes. The paper solves the following tasks: 1)characteristicfeatures of collective labour disputes and disagreements, 2) the definition of collective labour disputesand their classification, 3) the paper gives a systematic analysis of the employers, trade unions and theirassociations, settlement procedures to consider them and resolve Procedures to consider and resolvethem (by a conciliation commission involving a mediator and or in labour arbitration court), participationof state bodies settle collective labour disputes (by a settlement commission involving a mediator or inlabour arbitration court), participation of state bodies to settle collective labor disputes; 4) suggestionshave been made to improve them for article 61 of RF Labour code. The novelty of the research is thaton the basis of theoretical patterns and provisions of RF Constitution, conventions and recommendationsof the International Labour Organization (ILO), decisions of the Freedom of Association Committeeof the ILO Governing Body, RF Labour Code fundamental problems and issues have been studied toconsider and settle collective labour disputes in the current social and economic conditions. The theoreticalprinciples and conclusions contribute to the development of conceptual model to consider andsettle collective labour disputes, serve a basis for other research in this area, may be applied for furtherimprovement of the RF Labour Code and other normative cts with the elements of labour law norms.
Citation: Petrov A. (2014) Collective Labour Disputes: Fundamental Aspects of Labour Law. Pravo. ZhurnalVysshey shkoly ekonomiki, no 3, pp. 86–101.
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