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1
Əlitahir oğlu Xammədov, Elxan. „Procedure for out-of-court resolution of individual labor disputes“. SCIENTIFIC WORK 65, Nr. 04 (23.04.2021): 280–84. http://dx.doi.org/10.36719/2663-4619/65/280-284.
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The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes
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Kukhniuk, Dmytro, und Svitlana Zapara. „LEGAL NATURE AND PROCEDURE OF SETTLEMENT OF COLLECTIVE LABOR DISPUTES“. Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Nr. 125 (2023): 54–58. http://dx.doi.org/10.17721/1728-2195/2023/1.125-10.
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The purpose of the study is a comprehensive analysis of current theoretical and practical problems related to the nature of legal disputes in the field of collective labor dispute resolution in Ukraine and the development of a modern approach to the procedure for resolving such disputes. The task of this article is based on the research of issues related to the establishment of a legal relationship between the definition of "legal dispute" and the concept of "collective labor dispute"; analysis in this connection that is of the nature of collective labor disputes; elucidation of the peculiarities of "pre-trial" and "out-of-court" settlement of a collective labor dispute"; judicial review of collective labor disputes; expression of a position regarding the understanding of the nature and procedure for resolving collective labor disputes. During the conducted research based on a synergistic approach of methodological interaction, theoretical methods of systematic analysis of the main definitions related to the subject of the article, explanation of the position of the authors of the publication taking into account the comparison of national and foreign practice of resolving labor conflicts and empirical methods, in particular, observation, as well as the description of issues were used being covered by the purpose of publication. Results. Thus, according to the authors, collective labor disputes have characteristics of both "dispute about rights" and "dispute about interests". A conciliation and arbitration procedure is used for the disputes, the legal mechanism of which is defined by a special legislative act - the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)", that, being part of the legislation of Ukraine, corresponds to international legal acts. "Disputes of interest" are resolved through conciliation procedures, which, in our opinion, should not be subject to the jurisdiction of the courts. Such disputes should be resolved out of court. Part of collective labor disputes, which include requirements for the implementation of a collective agreement, contact, or individual provisions thereof, or non-fulfillment of the requirements of labor legislation (sub-para."c" and "d" of Article 2 of the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)") are "disputes about rights", identified with the concept of "legal dispute". Courts have jurisdiction over such disputes. Conclusions. In addition to the legally defined cases of direct appeal to the court, collective labor "disputes about the right" that have the characteristics of a legal dispute, are subject to a mandatory pre-trial dispute settlement procedure. According to the practice of the ECHR, the conciliation and arbitration procedure for resolving collective labor disputes does not indicate a limitation of access to justice. The right of access to a court is not absolute. It can be regulated by national procedures to ensure the effectiveness of the administration of justice
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Lakićević, Snežana, Jelena Matijašević und Marija Jakovljević. „THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR“. KULTURA POLISA 21, Nr. 1 (24.04.2024): 242–65. http://dx.doi.org/10.51738/kpolisa2024.21.1r.242lmj.
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During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.
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Liu, Jia, Ying Yang, Bao-Yao Xiao, Zhi-Tao Huang, Xiao-Hui Nie, Wen-Jie Liu und Shih-Feng Chang. „Taking AI Neural Network to Analyze Labor Rights and Labor Disputes“. E3S Web of Conferences 290 (2021): 02028. http://dx.doi.org/10.1051/e3sconf/202129002028.
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Exploring labor rights on the cognition of relationship with labor dispute is not only from the direct role of workers and HR, but also from the fight for labor rights of college students. However, many labor disputes in labor process are mainly related to labor rights. Therefore, we explore the relationship between labor rights and labor disputes, use neural network analysis and questionnaire survey method, and execute AI combining with big data analysis tools to collect first-hand data from two aspects of college students, workers in the industry, HR and labor dispatch personnel. Finally, the results show that: (1) there is a negative correlation between social security and labor disputes; (2) there is a negative correlation between labor safety and labor disputes; (3) there is a negative correlation between wages and labor disputes; (4) there is a negative correlation between labor contract signing and labor disputes; (5) there is a positive correlation between rights awareness and labor disputes.
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Terekh, O. „ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU“. Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Nr. 113 (2020): 61–66. http://dx.doi.org/10.17721/1728-2195/2020/2.113-12.
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This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.
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Zhernakov, Volodymyr. „Conflicts and disputes in the field of labor: essence and interaction“. Law and innovations, Nr. 2 (38) (24.06.2022): 49–56. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-6.
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Problem setting. The perception of conflicts and disputes in the field of labor should not be limited to the concepts inherent in the consideration of collective labor disputes, and the research base cannot be only the sources of labor law. For a deeper understanding of the nature and essence of conflicts and disputes one should operate in the categories of philosophy, conflictology, and general theory of law. Target of research is the substantiation of the concept of broad scope and deep content of the categories “conflict” and “labor dispute” and the impossibility of limiting them to the mechanism of collective labor disputes. Analysis of recent researches and publications. Problems of legal regulation of conflicts and disputes in the field of labor have been studied in recent years by L. Yerofeenko, S. Yerokhin, V. Kushik, I. Lykholat, J. Lyubchenko, V. Mamay, G. Rybnytsky, N. Uvarova and other scientists. Mostly they considered the mechanism of collective labor disputes, and some of them even made a comparative analysis of the categories of collective labor dispute and “collective labor conflict”. Meanwhile, the nature of conflicts in the field of labor, the relationship between conflicts and individual labor disputes have been ignored. Article’s main body. The main idea of the article is that the categories of “conflict” and “labor dispute” in the field of labor have a deep meaning and a wide scope. Conflicts in the field of labor have not only a psychological basis as irreconcilable differences and sharp confrontation. They are based on natural principles based on the age-old conflict between labor and capital. Labor disputes are not differences between the parties to social and labor relations, but a complex organizational and legal mechanism. Conflicts and disputes in the field of labor have different dimensions in time and in essence. Conflict may be present at the stage of forming the demands of the employee (labor collective), and it does not necessarily end with the end of the strike or the decision of national courts or the European Court of Human Rights. The erroneous assertion that the court decision is considered executed after the issuance of an order to reinstate the employee at work is emphasized. Since the psychological component of the conflict continues after the end of the labor dispute, the employer is not always ready to fully implement the decision of the body to consider the labor dispute. The decision to reinstate the employee should be considered executed from the date of his actual admission to work, which consists in granting the rights and obligations in full until dismissal. The role of the state in preventing and resolving collective labor disputes (conflicts) is determined by economic and socio-legal factors, including maintaining constructive cooperation in the field of labor as an important component of public life, preventing economic losses, maintaining harmony in labor collectives. Proposals for improving labor legislation have been formed. In particular, the need to introduce in the new Labor Code a person’s waiver of an employment contract as an organizational and legal means of protecting the rights and interests protected by law is substantiated. Conclusions and prospects for the development. Conflicts and disputes in the field of labor are not limited to the mechanism of collective labor disputes. Conflicts in the field of labor are objectively conditioned by the general conflict between labor and capital. If a labor dispute can be resolved through court and arbitration, then the conflict needs to be resolved through concessions and compromises and is exhausted by complete reconciliation. The state plays a significant role in the prevention and resolution of collective labor disputes (conflicts), as it is interested in economic stability, the establishment of harmony between the subjects of labor relations. Legal regulation of conflicts and disputes needs to be qualitatively improved.
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Mazurenko, Olena. „FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE“. Law Journal of Donbass 74, Nr. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.
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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor rights of the employee is endowed with broad powers to choose the means of protection of labor rights in accordance with the provisions of Article 16 of the Civil Code of Ukraine. Considering the labor disputes on the rules of civil procedure, the court considers not only the labor dispute essentially and resolves the issue of restoration of the violated or disputed subjective labor law, but also resolves the property component of the dispute about the payment, partial payment or non-payment of the claim. Other bodies except court are not endowed with such competence. It is challenged the view that an employee's self-defence of his or her subjective employment right is effective only in cases where the employer does not intend to violate the employee's employment rights. It is emphasized that till today, labor law does not use a mediation that is quite capable to help to resolve a number of labor disputes and conflicts. The mediation can be useful for resolving both collective and individual labor disputes. Its main advantage as a form of protection of labor rights and legitimate interests is the efficiency and speed of resolving the case essentially. The participation of the mediator, as a disinterested party in resolving the dispute, allows the parties to the dispute to understand the situation and voluntarily work out a way out of the dispute, while the parties can make concessions to each other to speed up the case solution. However, till now in Ukraine there is no legal regulation of mediation, and this properly slows down the spread of this form of protection in the field of labor disputes (conflicts).
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Jumiati, Agatha, Waluyo S Pradoto und Hanindito B R. „Implementasi UU Nomor 2 Tahun 2004 dalam Menyelesaikan Perselisihan Hubungan Industrial“. Mitra Abdimas: Jurnal Pengabdian kepada Masyarakat 1, Nr. 2 (13.01.2022): 58–64. http://dx.doi.org/10.57251/mabdimas.v1i2.195.
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In a work environment or company where disputes are unavoidable. Disputes that occur within the company are known as labor disputes or industrial relations disputes. A labor dispute is a conflict between an employer or an association of employers and a labor union or a combination of labor unions in connection with the absence of a conflicting understanding of the working relationship, working conditions and/or labor conditions. Law Number 2 of 2004 has provided stipulations on measures that can be taken to resolve industrial relations disputes through bipartite negotiations, mediation, conciliation, arbitration and through proceedings at the Industrial Relations Court.
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Otovchyts, S. L. „Current issues of labour dispute resolution through mediation“. Analytical and Comparative Jurisprudence, Nr. 2 (11.05.2024): 318–22. http://dx.doi.org/10.24144/2788-6018.2024.02.55.
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The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.
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Bocharova, Irina, und Alexander Rymanov. „Prevention and Resolution of Labor Disputes“. International Journal of Service Science, Management, Engineering, and Technology 13, Nr. 1 (Januar 2022): 1–13. http://dx.doi.org/10.4018/ijssmet.295559.
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The study covers preventive dispute resolution methods in industrial relations, as well as empirical testing of hypotheses regarding labor disputes in Russia. The hypothesis regarding the impact of the number of laid-off employees at the initiative of the employee on the number of labor lawsuits to reinstate employment filed is not supported. The hypothesis regarding the impact of the number of laid-off employees due to staff reduction on the number of Russian labor lawsuits to reinstate employment filed is supported. The largest number of disputes settled via mediation in Russia is labor wage disputes. The number of Russian labor disputes settled via mediation is still a small proportion of the total number of terminated labor disputes.
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Issayeva, А. Zh, und B. Zh Aitimov. „The concept and classification of labor disputes“. Bulletin of the Karaganda University “Law Series” 100, Nr. 4 (30.12.2020): 94–103. http://dx.doi.org/10.31489/2020l4/94-103.
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Various approaches to define the types of labor disputes are analyzed in this article, general criteria for the classification of both individual and collective labor disputes are offered. The purpose of the publication is to identify the practical orientation of these theoretical provisions. A study of the dependence of the definition of the method and procedure for resolving a labor dispute on its subject and subject composition is carried out. Various approaches of the legislator to the solution of this issue, both at the present time and in the historical aspect, are demonstrated. It is pointed out that it is necessary to admit the resolution of collective labor disputes on law in court; for individual labor disputes of interest, provide for a conciliation procedure. Moreover, attention is paid to the theoretical aspect of the labor dispute, including the concept and classification of labor disputes, as well as certain types of disagreements between the employee and the employer on the establishment and application of the current labor and other social legislation, which is not allowed in direct negotiations with the employer and was the subject of office work in specially authorized bodies.
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Tishkovich, K. S. „Alternative Ways of Resolution of Individual Labor Disputes: Experience and Development Prospects“. Siberian Law Herald 2 (2023): 57–61. http://dx.doi.org/10.26516/2071-8136.2023.2.57.
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The article considers the experience of the formation of conciliation institutions in the field of labor relations based on the analysis of Soviet labor legislation. It is concluded that the effectiveness of alternative methods of dispute settlement in a particular State depends on political, economic, legal conditions, as well as on historical prerequisites. The article considers individual problems that hinder the effective use of mediation for the settlement of individual labor disputes, as well as the conditions under which mediation is the most preferred method to resolve labor conflict. It justifies the necessity of revising the current concept of resolving individual labor disputes through the consistent expansion of alternative ways of resolving labor-law conflicts, including by improving negotiation procedures in labor law relations, the inclusion of sectoral expertise among the methods of dispute resolution. The experience of foreign States in establishing labor mediation services to resolve individual labor disputes is positively assessed. It is recommended to strengthen the role of social partnership in the development and improvement of alternative ways of resolving labor disputes. The conclusion proposes the conditions under which the most effective use of alternative procedures in labor relations is possible, including adaptation of methods of conflict resolution to the specifics of labor relations, providing them with effective legal mechanisms, variability of the forms used, as well as the formation of a culture of peaceful dispute settlement and negotiation.
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Shemyakin, R. K. „Conception of collective labor disputes in the Russian Federation and the European Union“. Voprosy trudovogo prava (Labor law issues), Nr. 2 (17.02.2022): 138–46. http://dx.doi.org/10.33920/pol-2-2202-07.
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The article analyses the approaches to understanding the collective labor dispute that have developed in the legislation, law enforcement practice and doctrine of the Russian Federation and the European Union. The definition of “collective labor disputes” according to the legislation of the Russian Federation and some EU member states is characterized. How has the concept of “collective labor disputes” been transformed in Russian history and how are collective labor disputes defined in the legislation of the EU member states? There are the answers of some special questions.
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Zaitseva, L., E. Gomes, S. Racheva und V. Cruz. „Intermediary in a Collective Labor Dispute Resolution“. BRICS Law Journal 6, Nr. 2 (13.06.2019): 33–59. http://dx.doi.org/10.21684/2412-2343-2019-6-2-33-59.
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Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from country to country. However, the obtained experience reveals common and distinctive procedural features and provides the possibility to classify existing approaches, having combined them into groups. The analysis also follows general development trends of collective labor dispute intermediation in different countries and identifies several shortcomings that are characteristic to different systems of intermediation legal regulation. Further research on the most effective ways of collective labor dispute conciliation is necessary for establishing new harmonious labor relations as the grounds for social progress.
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Ivanchina, J. V. „Labor Dispute Commissions: Procedure of Appeal, Preparation of Dispute for Consideration“. Voprosy trudovogo prava (Labor law issues), Nr. 11 (28.11.2022): 725–33. http://dx.doi.org/10.33920/pol-2-2211-06.
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The article highlights the issues related to the preparation for consideration of an individual labor dispute in the pre-trial order — in the commission on labor disputes. The competence of the commission is analyzed, disputes that are not under the jurisdiction of the commission are outlined. Attention is paid to the term of appeal to the commission for labor disputes and legal consequences of missing this term. The procedural actions preceding the sitting of the commission are described.
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Боровська, І. А. „CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS“. Juridical science, Nr. 3(105) (30.03.2020): 447–55. http://dx.doi.org/10.32844/2222-5374-2020-105-3.54.
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The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings.
The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations.
It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent).
The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes.
Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure.
Based on the results of the study, conclusions were drawn.
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Kravtsov, D., I. Zinovatna, Y. Burniagina, N. Orlova, O. Soloviov und O. Konopeltseva. „MEDIATION AS AN ALTERNATIVE WAY TO SOLVE THE LABOR DISPUTES“. Scientific Notes Series Law 1, Nr. 12 (Oktober 2022): 73–79. http://dx.doi.org/10.36550/2522-9230-2022-12-73-79.
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The article is devoted to the study of mediation as an alternative way of resolving labor disputes. The authors conducted a comparative analysis of the definitions of mediation contained in the Law of Ukraine «On Mediation» and in the relevant laws of Austria, Bulgaria, Spain, Kazakhstan, Lithuania, Malta, Moldova, Germany, Poland and concluded that the legal definition of mediation in Ukraine as a whole takes into account the experience of other countries. The scientific analysis of the term «mediation» allowed the authors to propose their own definition of mediation as an alternative way to resolve labor disputes, according to which mediation - voluntary, alternative way to resolve labor disputes, by negotiating with the involvement a third party (mediator) to achieve a mutually acceptable solution to the dispute. It is argued that the peculiarity of mediation is that, in contrast to the judicial settlement of a dispute, mediation involves the acceptability of the result obtained for all parties to the conflict. The scientific work draws attention to the advantages of mediation over other ways of resolving labor disputes. The features of mediation as an alternative way of resolving labor disputes were also highlighted.
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Simpen, I. Ketut, und Herry Indiyah Wismani. „Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan“. Jurnal Ilmiah Raad Kertha 2, Nr. 2 (08.07.2020): 82–97. http://dx.doi.org/10.47532/jirk.v2i2.164.
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Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.
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Chucha, S. Yu. „Application of elements of artificial intelligence technology in labor relations: problems and prospects“. Voprosy trudovogo prava (Labor law issues), Nr. 11 (30.11.2020): 10–17. http://dx.doi.org/10.33920/pol-2-2011-02.
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The author analyzes the existing legal, philosophical and technical approaches to the application of artificial intelligence technology in labor and related relations. The prospects of developing a regulatory framework for resolving labor disputes in Labor Dispute Commissions and courts of the Russian Federation, the practice of acceptance of a claim, preparing cases for litigation, and considering labor disputes using elements of artificial intelligence are assessed.
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Amaya López, Carlos, und Blas Yoel Juanes Giraud. „Descongestión del sistema judicial en Ecuador. Método alternativo de solución de conflictos en la mediación en primera instancia en materia laboral“. Revista Metropolitana de Ciencias Aplicadas 3, Nr. 3 (01.09.2020): 246–52. http://dx.doi.org/10.62452/zdcx3950.
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The research article has been carried out through an exhaustive search of the legal and doctrinal aspects that comprise the resolution of conflicts and especially of individual work, mediation in terms of its direct application to different situations, types of mediation, its characteristics, advantages, stages, labor mediation, characteristics; labor law, labor disputes, types of labor disputes, approaches to conflict resolution, conflict phases and their forms of resolution. In this sense, it should be noted that labor mediation when referring to collective disputes is mandatory, not so for individual labor disputes, since the obligation to submit them to labor mediation prior to initiating is not contemplated in the Labor Code. the process through the courts, hence the importance of proposing a proposal aimed at providing an efficient and effective solution to this problem. By resorting to alternative dispute resolution methods, specifically labor mediation, all those involved in a conflict benefit, that is, a winner-winner situation occurs.
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BURYMA, K. V. „INDIVIDUAL LABOR DISPUTES“. Law and Society, Nr. 3 (2022): 94–101. http://dx.doi.org/10.32842/2078-3736/2022.3.14.
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Kyselova, O. I. „Features of consideration by courts of labor disputes on the reinstatement of an employee at work“. Legal horizons, Nr. 23 (2020): 27–34. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p27.
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Probably the most common category of litigation in the field of labor law is the dispute over the reinstatement of employees. The existing case law shows that in most cases the courts defend the rights of employees, because in the course of the trial the facts of violations by the employer of the requirements of current legislation during the dismissal of the employee are established. In case of violation of labor legislation, restriction of labor rights of citizens, among other things, inevitably raises the question of bringing the perpetrators to justice and ensuring fair, equivalent compensation and damages in accordance with the European concept of an effective remedy. Thus, traditionally, the grounds and procedure for unilateral termination of employment at the initiative of the employer, including redundancies, dismissal for absenteeism, etc., are often subject to judicial appeal. Further development of labor law seems to be able and should be based on and generalization of judicial practice for resolving labor disputes, reflecting the most acute problems of observance of labor rights of citizens. The study of case law on individual labor disputes is an effective means of gaining knowledge about the current state of legal regulation of labor relations and especially the protection of labor rights of citizens, their typical violations, gaps and contradictions of substantive and procedural law governing these relations. The article analyzes the opinions of scientists on the definition of labor disputes and formulates its own definition. In addition, some issues of resolving individual labor disputes on the reinstatement of the employee were considered and the practice of courts to implement court decisions on this issue was analyzed. Certain features of resolving individual labor disputes on employee reinstatement are noted. Taking into account the special position of the labor dispute as a legal category and the analysis made in this article of the legal regulation of the consideration of individual labor disputes on reinstatement at work is relevant for the science of labor law and the practice of applying the current legislation.
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Nurhayati, Siti, Fitri Rafianti, Emi Wakhyuni und Willyam Lorencius Hutabarat. „Advocacy Model for Combined Process (Med-Arbitration)-Based Resolution of Industrial Relations Conflicts Between Trade Unions and Businesses“. Pena Justisia: Media Komunikasi dan Kajian Hukum 23, Nr. 1 (13.03.2024): 250. http://dx.doi.org/10.31941/pj.v23i1.4146.
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<em>In the process of settling labor-management conflicts, trade unions play a crucial role for employees, employers, and trade unions themselves. According to Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, disputes about labor relations are settled through Bipartite, Tripatrit (labor relations mediation, conciliation, and arbitration), and if non-litigation legal remedies (apart from arbitration) fail, the matter is then brought before the Industrial Relations Court. Due to its proven effectiveness in resolving commercial conflicts, the combined process (med-arb) idea is thought to facilitate dispute resolution in industrial relations problems. Two issues are addressed in this research: the idea of combined process (med-arb) as it applies to the resolution of labor-union disputes with employers and the idea of legal certainty in the process of using combined process (med-arb) to resolve labor-union disputes with employers.</em>
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Guan, Jianhua, Zuguo Yu, Yongan Liao, Runbin Tang, Ming Duan und Guosheng Han. „Predicting Critical Path of Labor Dispute Resolution in Legal Domain by Machine Learning Models Based on SHapley Additive exPlanations and Soft Voting Strategy“. Mathematics 12, Nr. 2 (14.01.2024): 272. http://dx.doi.org/10.3390/math12020272.
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The labor dispute is one of the most common civil disputes. It can be resolved in the order of the following steps, which include mediation in arbitration, arbitration award, first-instance mediation, first-instance judgment, and second-instance judgment. The process can cease at any step when it is successfully resolved. In recent years, due to the increasing rights awareness of employees, the number of labor disputes has been rising annually. However, resolving labor disputes is time-consuming and labor-intensive, which brings a heavy burden to employees and dispute resolution institutions. Using artificial intelligence algorithms to identify and predict the critical path of labor dispute resolution is helpful for saving resources and improving the efficiency of, and reducing the cost of dispute resolution. In this study, a machine learning approach based on Shapley Additive exPlanations (SHAP) and a soft voting strategy is applied to predict the critical path of labor dispute resolution. We name our approach LDMLSV (stands for Labor Dispute Machine Learning based on SHapley additive exPlanations and Voting). This approach employs three machine learning models (Random Forest, Extra Trees, and CatBoost) and then integrates them using a soft voting strategy. Additionally, SHAP is used to explain the model and analyze the feature contribution. Based on the ranking of feature importance obtained from SHAP and an incremental feature selection method, we obtained an optimal feature subset comprising 33 features. The LDMLSV achieves an accuracy of 0.90 on this optimal feature subset. Therefore, the proposed approach is a highly effective method for predicting the critical path of labor dispute resolution.
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Grin, D. „The place of mediation in the system of alternative ways of resolving individual labor disputes“. Uzhhorod National University Herald. Series: Law, Nr. 68 (24.03.2022): 91–95. http://dx.doi.org/10.24144/2307-3322.2021.68.15.
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The article considers mediation as one of the alternative ways to resolve individual labor disputes, analyzes the views of scientists, current legislation in this area, on the basis of which certain conclusions are made. The importance of implementing mediation procedures in labor law was emphasized, as it will be an effective mechanism for reconciling the parties in labor law with minimal costs of financial, time and human resources. The advantages of introducing mediation among alternative ways of resolving labor disputes, which is quite developed in international practice today, are mentioned. Because mediation is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and used only by mutual consent of the parties to the dispute, the main purpose of which is different from other ways of resolving disputes - maximum autonomy, confidentiality and voluntariness. The conflict does not come from the mediator (or the judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, who determine what methods, deadlines, conditions for resolving the conflict will be reached and set out in the agreement of the parties to mediation. It is concluded that the adoption of the Law of Ukraine "On Mediation", amendments to a number of domestic codes, which provide for the possibility of using mediation in resolving a wide range of disputes, is a step in the right direction. At the same time, it was stated that there are no provisions on mediation in the current Labor Code of Ukraine. It is noted that its provision in the Draft is the right decision, as this alternative way of resolving the dispute will help relieve the courts of a significant number of cases arising from employment, will help resolve conflicts (disputes) over the protection of labor rights.
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Rahimkulova, Lola. „Procedure for consideration of individual labor disputes in the Republic of Uzbekistan“. Общество и инновации 2, Nr. 1/S (15.12.2020): 184–91. http://dx.doi.org/10.47689/2181-1415-vol2-iss1/s-pp184-191.
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This article analyzes the concept of labor disputes on the basis of studying the experience of other countries, and is also posted on the portal for discussion of draft regulatory legal acts. In order to improve the relevant norm of the draft Labor code of the Republic of Uzbekistan, a proposal has been developed. The author elaborated on the main reasons that caused labor disputes. The advantages of the work of the labor dispute Commission in the company's activities are analyzed.
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ISSAYEVA, Ainur Zhenisovna, Bolat Zholdasbekovich AITIMOV, Zhanat Amandykovna ISSAYEVA, Madina Koishibayevna ZHUSSUPBEKOVA, Saltanat Saidakhmetovna TINISTANOVA und Akzada Alaidarkyzy MADALIYEVA. „Features of Legal Regulation of the Procedure for the Consideration of Labor Disputes in Kazakhstan“. Journal of Advanced Research in Law and Economics 11, Nr. 1 (31.03.2020): 65. http://dx.doi.org/10.14505//jarle.v11.1(47).09.
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This study examined the experience of Kazakhstan, which created its own system of laws and regulations in the field of labor dispute problems, designed to protect the interests of workers and help ensure a minimum level for residents. The article identifies problems requiring study of issues on the application of labor legislation, development of recommendations for improving and taking measures to inform judicial practice in this category of cases. We have studied the activities of the International Labor Organization (hereinafter referred to as the MOT), which is the world agency of the United Labor Organization. Kazakhstan reports on labor issues, labor disputes, trade unions of workers, workers and others. Case studies show labor disputes, strikes by workers in the regions of Kazakhstan, as well as their solutions. The study makes recommendations of the following nature, when considering disputes regarding the recognition of legal relations as labor, courts should distinguish between civil law relations and labor relations.
The relevance of the research topic due to the need to develop and introduce new modern mechanism for resolving individual labor disputes, including pre-trial and non-judicial methods of conflict resolutions.
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Vidojević, Boban. „ARBITRAŽA ZA INDIVIDUALNE RADNE SPOROVE“. Glasnik prava 11, Nr. 1 (2020): 17–29. http://dx.doi.org/10.46793/gp.1101.17v.
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The primary aim of this paper is to point out a number of advantages of out-of-court settlement of labor disputes over litigation, and above all arbitration, characterized by a meritorious, swift and compromise settlement of labor disputes. Reconciling the interests of the social partners is a starting point in developing this way of resolving labor disputes. The parties resolve the dispute with the assistance of a neutral subject (arbitrator), an expert in the field of labor law, who meets all the statutory criteria, which contributes, among other things, to the prompt and fair resolution of this type of dispute.Arbitration is considered to be an informal "civilized method" that enables social justice to be achieved as it leads to the settlement of disputes for the benefit of both parties. Efficiency, party autonomy, economy, voluntariness, informality and gratuity are just some of the advantages of this method.The paper analyzes the relevant legal sources of the Republic of Serbia, trying to answer why arbitration for individual labor disputes is the most adequate peaceful method of resolving labor disputes, what are its advantages over litigation and the application of pressure methods (strike, lock-out), and what are the disadvantages of comparative solutions.
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Meniv, L. „Settlement of labor disputes through mediation“. Uzhhorod National University Herald. Series: Law, Nr. 71 (25.08.2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.71.30.
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The article is devoted to the issue of settlement of labor disputes through mediation. It is noted that labor disputes are one of the most numerous legal disputes and the most common among the jurisdictional forms of protection of labor rights is judicial protection. But in the conditions of war, when many workers became internally displaced persons, were forced to leave our state, courts do not work, there is a need to find alternative justice. Mediation is an effective mechanism for out-of-court dispute resolution.
It is noted that the expediency of using the mediation procedure as a primary way to protect the rights and legitimate interests of the parties to labor relations, compared to litigation and CCC proceedings, is evidenced by the fact that such mediation can provide a speedy resolution of labor disputes. The institute of mediation is a positive legislative decision in Ukraine, which will reduce the duration of labor disputes, the cost of litigation from the state budget, reduce the workload of courts.
It is concluded that mediation as a way of resolving labor disputes is an extrajudicial voluntary, confidential procedure initiated by the subjects of labor law (employee or employer) to involve an independent, impartial, professional mediator (mediator) to achieve a joint settlement of labor disputes and continue labor relations between them.
Although there is a growing interest in mediation of labor disputes, the low level of legal culture, low level of trust in mediation, lack of awareness of society in general and citizens in particular about mediation, its benefits as an alternative to litigation, the difficulty of choosing a mediator as a highly professional does not contribute to the rapid development of mediation of labor disputes.
In the conditions of martial law, mediation of labor disputes is especially relevant. After all, the imposition of martial law throughout the country was reflected in the administration of justice by the courts of Ukraine. In order to prevent threats to the lives and health of judges and participants in the trial in the temporarily occupied territories of the state, the administration of justice has been suspended. In other areas, the courts continue to administer justice, however, with certain features and to ensure the smooth operation of the courts during the war is extremely difficult. Therefore, in a state of war, mediation is an alternative to the judicial process of resolving labor disputes and resolving conflicts.
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Stoliar, O. P. „RESOLUTION OF INDIVIDUAL LABOR DISPUTES BY LABOR DISPUTES COMMISSIONS: PROBLEM ASPECTS“. State and Regions. Series: Law, Nr. 2 (2023): 148–52. http://dx.doi.org/10.32840/1813-338x-2023.2.26.
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Ramadan, Akmal, Mahmoud Mukhtar M. Muhammad und Abdul Azeez Yusuf. „Solving Individual Labor Disputes Online in accordance with the United Arab Emirates (UAE) Labor Law No. (33) of 2021“. Journal of Law and Emerging Technologies 3, Nr. 1 (10.04.2023): 13–32. http://dx.doi.org/10.54873/jolets.v3i1.113.
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An individual labor dispute is a dispute between the employer and the worker, and it may arise when one of the parties to the employment agreement violates the obligations or one of the obligations stipulated in the employment contract concluded between both of them. It may also occur when there is violation of a legal or regulatory provision in a manner that causes harm to the other party. This kind of dispute consists of two elements; the first is the one that is related to the parties to the dispute, and the second is the one that is related to the subject matter of the dispute. The UAE Federal Decree-Law regarding the regulation of employment relationship relied more on amicable mechanisms for resolving this kind of a labor dispute. These mechanisms, as stipulated in this Decree-Law, can be divided into three: amicable settlement mechanism that may be handled by the Ministry of Human Resources and Emiratisation, friendly settlement that may be handled by the case management office and the judicial settlement mechanism that may be handled by a competent court. Therefore, this study aims at examining the nature of individual labor disputes, the mechanisms prescribed for resolving the disputes and the regulations attached to the implementation of these mechanisms, so as to affirm the notion that the Labor Law No. (33) of 2021 as enshrined by the UAE is adequate and effective in resolving the individual labor disputes in its various forms.
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Venediktov, V. S., und I. O. Kravchenko. „Mediation: from theoretical aspects to the practical implementation of migrants labor rights“. Analytical and Comparative Jurisprudence, Nr. 4 (28.04.2022): 97–102. http://dx.doi.org/10.24144/2788-6018.2021.04.16.
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In the article, the authors explores the concept of mediation as a way to resolve labor disputes during the practical implementation of labor rights of migrants. The urgency of the research topic is due to the increase in the number of labor migrants from Ukrainian citizens abroad, as well as the gradual increase in the quality of labor in Ukraine from abroad. Migration processes are related to the realization by citizens not only of the right to work, but also of the right to social protection, living standards, and other inalienable rights. The authors emphasize that the problems of migrant workers are studied only in quantitative terms, and their practical solution through the improvement of the mechanism of mediation support in resolving labor disputes remains unnoticed by scholars and requires special attention. Under the concept of mediation, the authors understand the pre-trial method of resolving disputes, but focuses on the fact that the Law of Ukraine "On Mediation" does not contain a mechanism for protecting migrant workers and needs to be finalized in this area. The migration process involves the transfer of human labor not only from Ukraine but also in Ukraine (from among foreign nationals). The number of migrant workers is growing every year, and the number of cases of violation of migrants' labor rights, which require a mediator and mediation procedures involvement, is automatically increasing. There are two parties to individual labor disputes: the worker and the employer. Disputes in court can be resolved through administrative or civil proceedings. According to the authors, the essence of the dispute may be resumption of work, registration of employment, compensation for material damage, dismissal, formulation of reasons for dismissal, disciplinary action, payment for downtime, forced absences, and more. The appeal to the court to resolve the dispute on the part of the employee is associated either with awareness of legal norms that directly indicate a violation of labor rights, or with the acquisition of legal assistance (information from counsel, lawyer), or illustrative examples of such disputes. The employer's appeal to the court is motivated by awareness of the law, which he is directly guided by in its activities, as well as the presence of the legal service. The authors also give examples of the impossibility of resolving a labor dispute through the mediation procedure, to the special nature of the labor dispute. Signs of unmediability are the lack of a direct ban on mediation; the nature of the dispute or a direct indication of its resolution through mediation; the possibility of procedural registration of the mediation procedure; the subject and content of the dispute do not contradict morality and public order. The authors cite an accident at work and negligent attitude to work as an example of such a sign. In other cases, mediation is permissible. Specific issues of prohibition of mediation in labor law should be reflected in current legislation.
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Shokirov, Oybek. „LABOR DISPUTES AND THE PROCEDURE FOR THEIR RESOLUTION: FOREIGN EXPERIENCE“. JOURNAL OF LAW RESEARCH 6, Nr. 9 (30.09.2021): 41–49. http://dx.doi.org/10.26739/2181-9130-2021-9-5.
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The article discusses labor disputes and the procedure for their resolution in the sections of such countries as the USA, Canada, Hungary, Poland, the Czech Republic and Slovakia, Romania and Croatia, France. In addition, using the comparative legal method, the labor legislation of the Republic of Uzbekistan was studied. In the course of the analysis, it was concluded that the Labor Code does not contain any limitation on the total number of employees included in the commission, now a labor dispute commission can be created at any, even a very small enterprise, the commission includes an equal number employee and employer representatives. In the context of the study of the category of collective labor disputes, the international experience of the ILO regarding collective bargaining practice was studied.Keywords:labor contract, ILO, UN, commission, labor dispute, employee, court, arbitration
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Fhlorida Agustina. „Resolution of Disputes Regarding the Rights of Domestic Workers in Indonesian Labor“. Jurnal Gagasan Hukum 5, Nr. 02 (30.12.2023): 70–79. http://dx.doi.org/10.31849/jgh.v5i02.15183.
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The aim of this research is to analyze the resolution of disputes when the rights of domestic workers are not granted by employers or domestic worker placement agencies based on Indonesian Labor Law and to examine the employer's responsibility in resolving disputes over the rights of domestic workers under Indonesian Labor Law. The method employed is normative legal research, focusing on dispute resolution for Domestic Workers. The findings reveal that domestic workers can utilize alternative dispute resolution to settle their disputes with employers. Dispute resolution, in cases where the rights of domestic workers are not provided by employers or placement agencies, can be addressed through both litigation and non-litigation channels. Current industrial relations dispute resolution regulations only mention conflicts between laborers/workers and employers/supervisors. According to Labor Law, domestic workers are not officially recognized as workers/laborers, yet employers are still responsible for the rights of domestic workers. The formulation of legislation specifically safeguarding the rights of domestic workers is crucial to provide the necessary protection for this group of workers.
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-, Rizki, Julius Imanuel Simbolon, Oki Berlin Roma Rezeki Sianturi, Glori Andika Lumban Gaol, Bryan Theofilus Gideon Waruwu und Nourma Dewi. „ANALISIS KONTRIBUSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM PENYELESAIAN SENGKETA KETENAGAKERJAAN“. Ilmu Hukum Prima (IHP) 6, Nr. 2 (31.10.2023): 211–20. http://dx.doi.org/10.34012/jihp.v6i2.4201.
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This research aims to analyze the Industrial Relations Court's (IRC) contribution in resolving labor disputes. Labor disputes often arise between workers and employers and have the potential to have a significant impact on industrial relations. The research method used is a literature study by collecting data from various sources such as scientific journals, reference books, and relevant policies and regulations. The data is then analyzed qualitatively to understand the role of IRC in resolving labor disputes. The analysis results show that IRC is essential to resolving labor disputes. IRC allows both parties to present their arguments fairly and objectively as an independent institution. Decisions made by IRC can create legal certainty for the parties involved. In addition, through the court process, IRC provides an opportunity for the broader community to obtain information about labor dispute cases and their legal interpretations. Therefore, efforts are needed to strengthen the capacity of IRC in order to provide more effective and efficient services. This research has important implications for developing industrial justice systems in resolving labor disputes. The findings of this study are expected to serve as a basis for government and relevant stakeholders to enhance the role of IRC and address existing challenges.
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Grin, D. „Mediation as one of the alternative ways of solving individual labor disputes: expe-rience of foreign countries“. Uzhhorod National University Herald. Series: Law 2, Nr. 72 (27.11.2022): 15–19. http://dx.doi.org/10.24144/2307-3322.2022.72.35.
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The work examines the experience of foreign countries regarding the introduction of mediation as one of the alternative ways of resolving individual labor disputes. It is noted that today mediation as an alternative to litigation is quite developed in foreign practice and is considered one of the effective ways of resolving labor disputes, in particular, it is an effective, financially economical and timely way of reaching consensus, resolving a conflict compared to resolving a dispute in court. The popularity of mediation is due to the fact that, as a pre-trial way of resolving labor disputes, it is one of the means of quickly coordinating the interests of employers and employees, contributes to the achievement of social peace in society, and gives the parties the opportunity to save time and costs associated with the resolution of labor disputes. It is also very important that in foreign countries the mediation process is legally established in the form of laws that regulate not only the process itself, but indicate that the mediation process can be appointed by the court or the parties can voluntarily turn to an institution engaged in mediation, a legally protected by the state, the status of the institution authorized to carry out mediation. It was concluded that the introduction of mediation in Ukraine and its consolidation at the legislative level is a step in the right direction. To date, this is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and is used exclusively by mutual consent of the parties to the dispute. Its implementation is an effective mechanism for the reconciliation of the parties during the resolution of individual labor disputes with minimal expenditure of financial, time and human resources. The main feature of this procedure and the difference from other methods of dispute resolution is its maximum autonomy, confidentiality and voluntariness, because the decision as a result of conflict resolution comes not from the mediator (or judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, and is set out in the agreement of the parties to the dispute based on the results of mediation.
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Leshchina, E. L. „The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions“. Lex Russica, Nr. 9 (02.10.2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.
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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a complex protective legal relationship. The author shows the erroneous identification by some researchers of labor and public service relations and approaches to their determination of the legal nature of public service disputes, including the legality of the application of disciplinary sanctions. It has been substantiated that the legal nature of public service disputes in the civil service system is primarily determined by the content of the relations that underlie their occurrence—public service legal relations—and not by the forms of their consideration, which allows the possibility of applying labor and civil procedural legislation to disputed legal relations.The author defines a public service dispute and an official conflict, describes the signs of a public service dispute on the legality of the imposition of a disciplinary sanction, qualifies the subject matter of the dispute under consideration—substantive legal requirements (disagreements) of the parties that act as an element of the connection between the substantive legal relationship between the parties to the dispute and the procedure applied for the dispute consideration. It has been substantiated that the public service dispute consideration concerning the legality of imposing a disciplinary sanction, termination of a public service contract constitutes a type of law enforcement procedural activity that has its own basis, subject matter, goals, elements, procedural forms and stages, types of decisions, which makes it possible to single out such disputes as one of the administrative proceedings included in the administrative process structure.
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Sokolenko, N. N., und D. O. Zdrok. „On the concept of «labour dispute»“. Voprosy trudovogo prava (Labor law issues), Nr. 3 (22.03.2022): 184–92. http://dx.doi.org/10.33920/pol-2-2203-04.
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The practice of applying certain legal institutions in the world of work has exposed the imperfection of the current labor legislation, one of which is the institute of labor disputes. The problem is the absence of the concept of “labor dispute” in the Labor Code of the Russian Federation. The article analyzes the features of a labor dispute, which arise from labor legislation and the scientists’ judgments in the field of labor law. The article also suggests the author's definition of the concept in the considered issues.
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Siregar, Gomgom. „Penyelesaian Peselisihan Perjanjian Kerja Sama antara Asosiasi Bongkar Muat dengan Koperasi Tenaga Bongkar Muat Upaya Karya“. Journal of Education, Humaniora and Social Sciences (JEHSS) 2, Nr. 2 (18.12.2019): 370–81. http://dx.doi.org/10.34007/jehss.v2i2.97.
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The purpose of this paper is to describe the factors causing disputes in a collaboration, procedures for the resolution of cooperation disputes and settlement through non-litigation procedures. This type of research used in this research is normative legal research with the focus of problems related to how the dispute resolution of cooperation between loading and unloading associations with the labor force loading and unloading effort cooperatives. Based on the results of the study, it is known that the settlement of cooperation disputes between the stevedoring association with the stevedoring labor cooperative can be carried out through litigation and non-litigation procedures.
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Anggraini, Enggartiasti Sherly. „Peran Serikat Pekerja dalam Hal Perselisihan Hubungan Kerja yang Berdampak pada Pemutusan Hubungan Kerja“. Jurnal Syntax Admiration 4, Nr. 3 (25.03.2023): 349–61. http://dx.doi.org/10.46799/jsa.v4i3.565.
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In every company, of course, always strive to create a cooperative and comfortable work environment for each worker. This study aims to analyze the role of trade unions in overcoming labor relations disputes that can have an impact on termination of employment. The research method raised in this study is Normative research. Normative Law Research is legal research conducted by examining library materials or secondary data". The results showed that trade unions have a very important role in handling labor relations disputes that can have an impact on termination of employment. The role of trade unions includes being a mediator in dispute resolution, providing legal opinions and advice to members, and protecting workers' rights through negotiations and protests. The study recommends the need to increase the role of trade unions in addressing labor disputes that can have an impact on termination. This can be done through providing training and education to union members on labor relations law and the role of unions in resolving disputes. Thus, it is expected to create a more stable and conducive work environment for workers.
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Checheliuk, O. Yu. „THE COMMISSION ON LABOR DISPUTES FUNCTIONING: CHALLENGES AND PROSPECTS“. Actual problems of native jurisprudence 4, Nr. 4 (August 2021): 54–58. http://dx.doi.org/10.15421/392180.
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The article highlights the research issues of the legal status of the commission on labor disputes in terms of the current legislation of Ukraine. The author provides a general description of the commission on labor disputes, its features and functions, investigates the range of issues to be considered by such a commission, and describes the procedure for their consideration. Based on the general characteristics of the legal status of the commission on labor disputes, the author analyzes the challenges facing the commission in modern conditions. The main problems of the commission on labor disputes functioning include: the imperfection of the legal status of it, in particular, the powers of the commission on labor disputes; lack of a parity approach to the formation of the commission on labor disputes, taking into account both the interests of employees and the employer; the imperfection of the procedure for consideration of labor disputes; lack of a clearly defined procedure for appealing the decision of the commission on labor disputes and the liability for failure to establish a commission on labor disputes. Prospects for the commission on labor disputes further functioning as a pre-trial method of protection of labor rights of employees are suggested. The author substantiates the ways to improve the legislation governing the legal status and functioning of the commission on labor disputes. The main directions of improving this commission functioning are: increasing the efficiency of the commission activity, taking into account the interests of employees and employers; development of the commission on labor disputes as a pre-trial body, which must be formed on a parity basis, granting employees and the employer equal participation in resolving labor disputes; determination of the requirements for the commission members (level of education, work experience, specialization, etc.); introduction of a unified system in terms of which the commission on labor disputes could make legal decisions; defining liability for failure to create a commission on labor disputes. The author concludes that if the current legislation of Ukraine is reformed in part of the legal status and functions of the commissions on labor disputes, their activities will become more efficient in modern conditions, and this will promote resolving individual labor disputes and protecting labor rights more effectively.
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Oliinyk, O. O. „Current state and prospects of determining the judicial jurisdiction of labor disputes“. Analytical and Comparative Jurisprudence, Nr. 6 (27.12.2023): 367–71. http://dx.doi.org/10.24144/2788-6018.2023.06.62.
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The article analyzes the current state and offers prospects for determining the judicial jurisdiction of labor disputes. Since in practice the question arises as to which court should be addressed to resolve a labor dispute, since there are no specialized labor courts to date. After all, if citizens turn to a court that is not competent to consider a dispute, then the consequences will follow, such as a refusal to open a proceeding or an already opened proceeding is closed due to the fact that the dispute is not subject to consideration in the jurisdiction of this particular court. And that's why issues, in particular, with the determination of the jurisdiction of cases in the field of labor relations, are becoming important. It is noted that the issue of jurisdiction of disputes in the field of labor law has always been controversial in the judicial system. First of all, this is due to the fact that labor law includes not only relations arising from the employment contract, but also from imperative norms, such as the work of civil servants, prosecutors, judges, policemen, diplomats, etc. A conclusion was made regarding the need to regulate in labor legislation, taking into account the practice of the European Court of Human Rights and specialized (labor) courts of the European Union, the issue of judicial jurisdiction, providing for a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction during the resolution of disputes regarding protection of labor rights. Also, in the future, one of the directions of expanding the rights of employees to judicial protection in Ukraine should be the creation of specialized labor courts. Since, in comparison with courts of general jurisdiction, specialized labor courts provide participants with a number of advantages: qualified consideration of the case; the review procedure is devoid of many formalities inherent in the civil process; speed and cost-effectiveness of dispute resolution.
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Hu, Jieren, und Daniel Martin. „Labor Dispute Resolution and Migrant Workers’ Legal Rights Protection in China“. Chinese Journal of International Review 02, Nr. 01 (Juni 2020): 2050004. http://dx.doi.org/10.1142/s2630531320500043.
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The formal labor dispute resolution system of administrative organs, arbitration tribunal and courts which have been established to handle labor disputes remains an ineffective tool for migrant workers to resolve their disputes with their employers in China. Moreover, experience has exemplified that among the mediation style, non-official mediators have proven to be more effective in settling cases and helping migrant workers than mediators within the formal system. Taking “Little Bird,” a famous NGO for migrant workers rights protection in China, as an example, this article focuses on the problem of arrears in wages of migrant workers from a sociological-legal perspective. This article argues that the current legal system in China fails to adequately protect the legitimate rights and interests of migrant workers and that informal mediation may help resolve disputes between migrant workers and employers more efficiently. The effectiveness of NGO’s role in handling labor disputes as well as its limitations, would also be analyzed and discussed.
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Kuznetsova, M., B. Katana und A. Lytiuha. „Individual labor disputes: certain issues of resolution“. Analytical and Comparative Jurisprudence, Nr. 6 (27.12.2023): 358–62. http://dx.doi.org/10.24144/2788-6018.2023.06.60.
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The article is devoted to the actual issues of individual labor dispute resolution. In particular, the author draws attention to the fact that in connection with the armed aggression of the Russian Federation, quite a large number of workers found themselves in a situation of forced migration, and some enterprises remained in temporarily occupied territories or faced the problem of the impossibility of relocation, which causes problems in the normal development of labor relations between the employee and the employer.
An analysis of the current labor legislation and the existing approaches in the legal literature regarding the procedure for resolving individual labor disputes was carried out.
The author highlighted the following reasons for labor disputes, including reduction of the main staff, changes in existing working conditions, dissatisfaction of the employee with the existing level of remuneration and others, in particular, and the martial law, which caused a number of reasons that impact on the occurrence of labor disputes - suspension of labor relations, the relocation of enterprises from the occupied territories and the impossibility of ensuring the safety of workers, downtime. These obstacles cause the problems in the relationship between the employer and the employee, resulting in the employees being forced to defend their rights.
Conclusions were made by the author that, to date, the labor legislation of Ukraine ensures the implementation of the right to protect the rights of employees in individual labor relations in the pretrial (commissions on labor disputes and through mediation) and the judicial procedure. It should be noted that an attempt was made by the legislator to regulate labor relations during the legal regime of martial law by adopting the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law», but it did not define the issues related to the resolution of individual labor disputes, as well as the practice of its application provisions to date is ambiguous, which is confirmed by a number of court cases.
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Iglin, Aleksei Vladimirovich. „Administrative mechanisms for resolving individual labour disputes in foreign countries“. SHS Web of Conferences 118 (2021): 03011. http://dx.doi.org/10.1051/shsconf/202111803011.
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According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.
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Karinov, Cholponbai. „FEATURES OF THE SOCIAL CONFLICTS AND LABOR DISPUTES“. Alatoo Academic Studies 22, Nr. 2 (30.06.2022): 282–87. http://dx.doi.org/10.17015/aas.2022.222.36.
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In this article, the author of the labor relations between employees and the employer to ensure a balance of interests, social stability, economic progress, social partnership, the general issues of legal regulation of the tension between the parties, the nature of the interaction between the social character of labor disputes In addition to a labor conflict scissors, as well as the conflict of opinions and reasons for the formation of a labor dispute to solve the problems of identification, prevention and constructive ways to occupy an important place in terms of that investigation.
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Rizky, Normalita, und Andari Yurikosari. „PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DALAM PEMUTUSAN HUBUNGAN KERJA (PHK) MENURUT SISTEM PERADILAN DI INDONESIA DENGAN MALAYSIA“. AMICUS CURIAE 1, Nr. 1 (16.03.2024): 266–78. http://dx.doi.org/10.25105/amicus.v1i1.19593.
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Industrial relations conflicts are intricate issues that often arise in the lives of individuals, particularly for those in worker and employer roles. These conflicts can lead to employment termination or layoffs. Each country has its own methods for resolving labor disputes depending on the adopted legal system. Indonesia uses a Civil Law system, while Malaysia follows a Common Law system, resulting in different approaches to resolving these conflicts. This study aims to examine and describe the impact and resolution efforts related to labor disputes in both countries. The research methodology employed is normative legal research, with a descriptive analytical approach. Primary data, obtained from interviews, and secondary data, obtained from literature studies, were used for analysis. The study reveals notable disparities in labor dispute resolution between the two countries, particularly in the process and the role of judges during dispute resolution hearings.
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Quang, Nguyen Nang. „Resolution of Individual Labor Disputes by Court Method – Theory and Practice“. International Journal of Learning and Development 13, Nr. 4 (31.12.2023): 72. http://dx.doi.org/10.5296/ijld.v13i4.21571.
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Individual labor disputes are objective issues of industrial relations and the labor market. The more diverse and rich industrial relations are, the more labor disputes arise and increase in number. Understanding this, in recent years, our Party and State have always paid attention to improving the legal institutions on labor in order to create a harmonious, developed and modern labor market, especially the issue of building and improving the law on resolution of labor disputes in general and individual labor disputes in particular.
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Yasinskaya-Kazachenko, Angelika V. „Implementation of the constitutional right of workers to collective labor disputes at the level of «the right to strike»“. Russian Journal of Labour & Law 14 (2024): 187–205. http://dx.doi.org/10.21638/spbu32.2024.111.
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The article is devoted to the study of the specifics of the implementation of the constitutional right of workers to collective labor disputes at the level of «the right to strike». The author considers: procedural, civil and public law principles of labor law in relation to the institution of «the right to strike»; reflexes of objective and subjective law based on a situational approach; limited «strike» legal capacity; delimitation of disputes so that there is no opposition of rights and interests, while a dispute about interest is only an integral part of a dispute about law; issues of creating a special permanent body, a strike fund; methodological features included in the definition of the concept of a strike; self-defense by employees of their economic and social interests; minimum required works (services); a historically recurring tendency to restrict or prohibit lockouts; and finally, a call is made for the identification of «compulsion to strike» requirements. The key points of the transformations are the legal assessment of the actual circumstances and their qualification. It is proposed to supplement and modify labor legislation with provisions on the release of parties to a collective labor dispute from liability for failure to fulfill their obligations due to a strike, along with the introduction of an additional legal liability. The phased introduction of conceptually well-thought-out changes and additions to labor legislation, filling in the gaps in terms of «reflection of law» and the settlement of disagreements is of relevance. At present, the positive experience accumulated by the world community in the area under study can be taken into account in the process of finalizing acts of labor legislation by supplementing them with provisions on non-traditional methods of organizing conciliation, mediation and arbitration procedures for resolving labor disputes, which most effectively contribute to the prevention of conflict situations.
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Zanfirova, T. A., und A. V. Aidynian. „Some aspects of legal consequences of the Constitutional Court of Ukraine decision’s No. 1-р/2023 dated 07.02.2023 for the practice of resolving labor disputes“. Uzhhorod National University Herald. Series: Law 1, Nr. 80 (22.01.2024): 289–95. http://dx.doi.org/10.24144/2307-3322.2023.80.1.42.
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The article analyzes the legal consequences of the decision of the Constitutional Court No. 1-р/2023 of February 7, 2023 for the regulation of labor relations between the employer and teaching staff who are paid an old-age pension, and for the practice of resolving labor disputes regarding the recognition of their dismissal and reinstatement as illegal.
Different types of situations are considered. For example, if such labor relations lasted/continues after February 7, 2023 and a labor dispute has not yet arisen, the most optimal “way out” from the point of view of the theory of labor law is to transfer teachers who are paid an old-age pension, by order of the employer, to open-ended labor contracts.
Various variants of the influence of the decision of the KSU No. 1-r/2023 of February 7, 2023 on the practice of resolving labor disputes were also studied. Such labor disputes are being systematized. The following groups of authors are distinguished:
labor disputes that arose after February 7, 2023 and, accordingly, were considered after this date;
labor disputes that arose before February 7, 2023, but were considered/reviewed after February 7, 2023;
labor disputes that arose and were considered by the court until February 7, 2023, if the decision was not reviewed or its review was completed before this date.
The article concludes that the disputes of the first group are not characterized by problems. Court practice shows that such lawsuits to declare dismissal illegal and reinstatement are decided in favor of the plaintiff- teacher, who is paid an old-age pension.
Labor disputes of the second group are resolved ambiguously in judicial practice. In one of the cases, the Supreme Court noted that the contested decision was based on the law that was in force at the time (as of the date of adoption of such a decision), and therefore no violations of substantive or procedural law were observed. On the other hand, in another case under a similar situation, the Supreme Court returned the case for a new consideration, pointing out the absence of other legal mechanisms for revising the court’s decision, which is based on an unconstitutional norm.
Labor disputes of the third group are the most problematic and debatable, because formally, the final decision in the case was made before the adoption of the KSU decision No. 1-r/2023. Review of such cases under exceptional circumstances due to recognition as unconstitutional of the provisions of par. 3 ch. 2 Art. 22 of the Law is impossible. Violation of appellate or cassation review of such cases is complicated by missing the deadlines for such an appeal. “Summary” of the KSU decision under “newly discovered” circumstances is a debatable issue, although, in our opinion, in general, such an option is not excluded.