Theoretical problems of strike and lockout legislation in Russia

Abstract

The Russian Labour Code is rather chary concerning employees’ collective actions. Actually, it deals only with one form of such actions – a traditional strike, and in the narrowest meaning of the term. And as far as lockouts are concerned the Code is even more stingy. All this brings about a question of sufficiency of statutory protection of employees participating in actions that are not considered to be strikes, or affected by employer’s actions that are not regarded as lockouts. This article contains analysis of some theoretical aspects of the Code provisions concerning strikes and lockouts and their practical consequences in comparative context, with allusions towards international labour standards and foreign labour legislation. The author also makes some suggestions concerning areas and ways of eliminating the corresponding doctrinal and legislative lacunas in the Russian labour law.