Individual Labour Disputes: Fundamentals of Labour Law

Abstract

Petrov Alexey - Professor, Labour Law Department, National Research University Higher School of Economics, Doctor of Juridical Sciences. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: alexey.petrov@yandex.ru.

The paper examines the issues of the definitions of individual labour disputes, the bodies considering and settling them according to the Russian Federation Labour Code and the labour law doctrine. The study attempts to shape up new approaches to define the conception of individual labour disputes in Russian labour law. The science of Russian labour law lacks a properly developed conception of individual labour disputes, bodies to examine and settle them, which, obviously, conditions the problems of applying appropriate norms of labour legislation, other normative legal acts, containing the norms of labour law, collective agreements, agreements, local normative acts, labour agreements. The aain of the research is to keep developing the conception of individual labour disputes and the bodies to deal with them as well as to increase the efficiency of their legal regulation. To achieve this aim the following tasks should be solved: 1) show a brief history of the concept, 2) reveal the characteristics of individual labour disputes, 3) define individual labour disputes, 4) analyse as a system the bodies examining and settling such disputes; 5)introduce suggestions to develop chapter 60 of the Russian Federation Labour Code. The object of the research is the relations to examine and settle individual labour disputes, the subject-matter is the norms on individual labour disputes of the Russian Federation labour law, theoretical provisions of labour law academics on the research. The novelty of the research is that fundamental issues and problems to examine and solve individual labour disputes in current social and economic environment are studied on the basis of theories, the Russian Federation Constitution, UN International Pact on civil and political rights, legal position of the European Human Rights Court, the Russian Federation Labour Code. The formulated theoretical provisions and conclusions develop the conceptual model of examining and settling individual labour disputes, serve the basis for further research in this area and can be used to develop the Russian Federation Labour Code and other normative legal acts containing the norms of labour law.