Journal articles on the topic 'Labor disputes'
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1
Əlitahir oğlu Xammədov, Elxan. "Procedure for out-of-court resolution of individual labor disputes." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 280–84. http://dx.doi.org/10.36719/2663-4619/65/280-284.
Abstract:
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
2
Liu, Jia, Ying Yang, Bao-Yao Xiao, Zhi-Tao Huang, Xiao-Hui Nie, Wen-Jie Liu, and 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.
Abstract:
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.
3
Terekh, O. "ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 61–66. http://dx.doi.org/10.17721/1728-2195/2020/2.113-12.
Abstract:
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.
4
Zhernakov, Volodymyr. "Conflicts and disputes in the field of labor: essence and interaction." Law and innovations, no. 2 (38) (June 24, 2022): 49–56. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-6.
Abstract:
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.
5
Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.
Abstract:
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).
6
Jumiati, Agatha, Waluyo S Pradoto, and Hanindito B R. "Implementasi UU Nomor 2 Tahun 2004 dalam Menyelesaikan Perselisihan Hubungan Industrial." Mitra Abdimas: Jurnal Pengabdian kepada Masyarakat 1, no. 2 (January 13, 2022): 58–64. http://dx.doi.org/10.57251/mabdimas.v1i2.195.
Abstract:
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.
7
Bocharova, Irina, and Alexander Rymanov. "Prevention and Resolution of Labor Disputes." International Journal of Service Science, Management, Engineering, and Technology 13, no. 1 (January 2022): 1–13. http://dx.doi.org/10.4018/ijssmet.295559.
Abstract:
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.
8
Shemyakin, R. K. "Conception of collective labor disputes in the Russian Federation and the European Union." Voprosy trudovogo prava (Labor law issues), no. 2 (February 17, 2022): 138–46. http://dx.doi.org/10.33920/pol-2-2202-07.
Abstract:
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.
9
Zaitseva, L., E. Gomes, S. Racheva, and V. Cruz. "Intermediary in a Collective Labor Dispute Resolution." BRICS Law Journal 6, no. 2 (June 13, 2019): 33–59. http://dx.doi.org/10.21684/2412-2343-2019-6-2-33-59.
Abstract:
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.
10
BURYMA, K. V. "INDIVIDUAL LABOR DISPUTES." Law and Society, no. 3 (2022): 94–101. http://dx.doi.org/10.32842/2078-3736/2022.3.14.
11
Ivanchina, J. V. "Labor Dispute Commissions: Procedure of Appeal, Preparation of Dispute for Consideration." Voprosy trudovogo prava (Labor law issues), no. 11 (November 28, 2022): 725–33. http://dx.doi.org/10.33920/pol-2-2211-06.
Abstract:
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.
12
Simpen, I. Ketut, and Herry Indiyah Wismani. "Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan." Jurnal Ilmiah Raad Kertha 2, no. 2 (July 8, 2020): 82–97. http://dx.doi.org/10.47532/jirk.v2i2.164.
Abstract:
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.
13
Боровська, І. А. "CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS." Juridical science, no. 3(105) (March 30, 2020): 447–55. http://dx.doi.org/10.32844/2222-5374-2020-105-3.54.
Abstract:
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.
14
Chucha, S. Yu. "Application of elements of artificial intelligence technology in labor relations: problems and prospects." Voprosy trudovogo prava (Labor law issues), no. 11 (November 30, 2020): 10–17. http://dx.doi.org/10.33920/pol-2-2011-02.
Abstract:
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.
15
Kravtsov, D., I. Zinovatna, Y. Burniagina, N. Orlova, O. Soloviov, and O. Konopeltseva. "MEDIATION AS AN ALTERNATIVE WAY TO SOLVE THE LABOR DISPUTES." Scientific Notes Series Law 1, no. 12 (October 2022): 73–79. http://dx.doi.org/10.36550/2522-9230-2022-12-73-79.
Abstract:
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.
16
Kyselova, O. I. "Features of consideration by courts of labor disputes on the reinstatement of an employee at work." Legal horizons, no. 23 (2020): 27–34. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p27.
Abstract:
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.
17
Grin, D. "The place of mediation in the system of alternative ways of resolving individual labor disputes." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 91–95. http://dx.doi.org/10.24144/2307-3322.2021.68.15.
Abstract:
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.
18
Rahimkulova, Lola. "Procedure for consideration of individual labor disputes in the Republic of Uzbekistan." Общество и инновации 2, no. 1/S (December 15, 2020): 184–91. http://dx.doi.org/10.47689/2181-1415-vol2-iss1/s-pp184-191.
Abstract:
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.
19
ISSAYEVA, Ainur Zhenisovna, Bolat Zholdasbekovich AITIMOV, Zhanat Amandykovna ISSAYEVA, Madina Koishibayevna ZHUSSUPBEKOVA, Saltanat Saidakhmetovna TINISTANOVA, and 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, no. 1 (March 31, 2020): 65. http://dx.doi.org/10.14505//jarle.v11.1(47).09.
Abstract:
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.
20
Vidojević, Boban. "ARBITRAŽA ZA INDIVIDUALNE RADNE SPOROVE." Glasnik prava 11, no. 1 (2020): 17–29. http://dx.doi.org/10.46793/gp.1101.17v.
Abstract:
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.
21
Meniv, L. "Settlement of labor disputes through mediation." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.71.30.
Abstract:
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.
22
Shokirov, Oybek. "LABOR DISPUTES AND THE PROCEDURE FOR THEIR RESOLUTION: FOREIGN EXPERIENCE." JOURNAL OF LAW RESEARCH 6, no. 9 (September 30, 2021): 41–49. http://dx.doi.org/10.26739/2181-9130-2021-9-5.
Abstract:
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
23
Venediktov, V. S., and I. O. Kravchenko. "Mediation: from theoretical aspects to the practical implementation of migrants labor rights." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 97–102. http://dx.doi.org/10.24144/2788-6018.2021.04.16.
Abstract:
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.
24
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, no. 72 (November 27, 2022): 15–19. http://dx.doi.org/10.24144/2307-3322.2022.72.35.
Abstract:
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.
25
Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.
Abstract:
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.
26
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, no. 2 (December 18, 2019): 370–81. http://dx.doi.org/10.34007/jehss.v2i2.97.
Abstract:
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.
27
Sokolenko, N. N., and D. O. Zdrok. "On the concept of «labour dispute»." Voprosy trudovogo prava (Labor law issues), no. 3 (March 22, 2022): 184–92. http://dx.doi.org/10.33920/pol-2-2203-04.
Abstract:
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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Checheliuk, O. Yu. "THE COMMISSION ON LABOR DISPUTES FUNCTIONING: CHALLENGES AND PROSPECTS." Actual problems of native jurisprudence 4, no. 4 (August 2021): 54–58. http://dx.doi.org/10.15421/392180.
Abstract:
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.
29
Hu, Jieren, and Daniel Martin. "Labor Dispute Resolution and Migrant Workers’ Legal Rights Protection in China." Chinese Journal of International Review 02, no. 01 (June 2020): 2050004. http://dx.doi.org/10.1142/s2630531320500043.
Abstract:
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.
30
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.
Abstract:
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.
31
Dolotova, D. V. "Labor disputes in modern Russia." Право и государство: теория и практика, no. 3 (2022): 199–201. http://dx.doi.org/10.47643/1815-1337_2022_3_199.
32
Wildhaber, Isabelle, and Alexandra Johnson. "Arbitrating Labor Disputes in Switzerland." Journal of International Arbitration 27, Issue 6 (December 1, 2010): 631–55. http://dx.doi.org/10.54648/joia2010035.
Abstract:
Long regarded as against nature, the relationship between arbitration and labor law has generated a growing interest in recent years, with the realization that arbitration can be an effective tool for the resolution of individual employment disputes, especially for top-level managers or international athletes. The Swiss system broadly recognizes the arbitrability of individual employment disputes on an international level. On a domestic level, arbitrability of individual employment disputes is more limited following a decision of the Swiss Federal Tribunal of June 28, 2010. However, under the new Swiss Civil Code of Procedure, which will enter into force on January 1, 2011, parties to domestic arbitration agreements will be able to opt into the international regime and therefore possibly circumvent such limitation. Furthermore, the article discusses particularities related to arbitration agreements in collective employment contracts, as well as arbitration of collective labor disputes.
33
Fraisse, Henri, Francis Kramarz, and Corinne Prost. "Labor Disputes and Job Flows." ILR Review 68, no. 5 (July 7, 2015): 1043–77. http://dx.doi.org/10.1177/0019793915591989.
34
Mulya Karsona, Agus, Sherly Ayuna Putri, Etty Mulyati, and R. Kartikasari. "PERSPEKTIF PENYELESAIAN SENGKETA KETENAGAKERJAAN MELALUI PENGADILAN HUBUNGAN INDUSTRIAL DALAM MENGHADAPI MASYARAKAT EKONOMI ASEAN." Jurnal Poros Hukum Padjadjaran 1, no. 2 (May 29, 2020): 158–71. http://dx.doi.org/10.23920/jphp.v1i2.225.
Abstract:
ABSTRAKHubungan industrial yang merupakan keterkaitan kepentingan antara pekerja dengan pengusaha, berpotensi menimbulkan perbedaan pendapat, bahkan perselisihan antara kedua belah pihak. Sehubungan dengan itu perangkat Undang-Undang penyelesaian perselisihan perburuhan sangat diperlukan. Perselisihan Hubungan Industrial adalah perbedaan pendapat yang mengakibatkan pertentangan antara pengusaha atau gabungan pengusaha dengan pekerja/buruh atau serikat pekerja/serikat buruh karena adanya perselisihan mengenai hak, perselisihan kepentingan, perselisihan pemutusan hubungan kerja dan perselisihan antar serikat pekerja/serikat buruh dalam satu perusahaan. Keberadaan Pengadilan Hubungan Industrial yang menggantikan kedudukan Panitia Penyelesaian Perselisihan Perburuhan ditandai dengan adanya perubahan mekanisme penyelesaian perselisihan perburuhan dimaksudkan agar proses penyelesaian perselisihan dapat dilaksanakan secara cepat, tepat, adil dan murah seiring dengan perkembangan era industrialisasi dan ilmu pengetahuan. Pengadilan Hubungan Industrial (PHI) adalah pengadilan khusus yang dibentuk di lingkungan pengadilan negeri yang berwenang memeriksa, mengadili dan memberi putusan terhadap perselisihan hubungan industrial. Penyelesaian perselisihan hubungan industrial perlu dilaksanakan secara cepat, karena berkaitan dengan proses produksi dan terciptanya hubungan industrial yang harmonis dalam suatu hubungan kerja. Dalam rangka menghadapi era Masyarakat Ekonomi ASEAN (MEA) perlu dipersiapkan Pengadilan Hubungan Industrial yang mampu menyelesaikan sengketa ketenagakerjaan yang timbul di era globalisasi. Permasalahan yang timbul adalah sejauh mana prospek dan kesiapan PHI dalam menyelesaikan sengketa ketenagakerjaan secara global di era MEA.Kata kunci: ketenagakerjaan; globalisasi; pengadilan; sengketa.ABSTRACTIndustrial relations that are a relationship of interest between workers and entrepreneurs, potentially cause disagreements, even disputes between the two parties. In connection with the device the settlement law of labor disputes is indispensable. Industrial relations disputes are disagreements that result in conflicts between entrepreneurs or joint entrepreneurs with workers/laborers or trade unions/unions due to disputes over rights, conflicts of interest, disputes of termination of employment and disputes between trade unions/unions in one company. The existence of the Industrial Relations Court which replaces the position of the Labour Dispute Resolution Committee is characterized by the change of the labor dispute resolution mechanism intended for the dispute resolution process to be implemented quickly, precisely, fairly and with cheap as the era of industrialization and science. The Industrial Relations Court (PHI) is a special court formed in an area of the District Court which is authorized to examine, prosecute and give judgment against Industrial relations disputes. Settlement of industrial relations disputes needs to be implemented quickly, because it relates to the production process and the creation of a harmonious industrial relations in a working relationship. In order to face the ASEAN Economic Community era (MEA), the Industrial relations Court has been prepared to settle employment disputes arising in the globalization era. The problem arises is the extent of the prospect and readiness of PHI in resolving employment disputes globally in the MEA era.Keywords: employment; globalization; court; dispute.
35
Remington, Thomas F., and Xiao Wen Cui. "The Impact of the 2008 Labor Contract Law on Labor Disputes in China." Journal of East Asian Studies 15, no. 2 (August 2015): 271–99. http://dx.doi.org/10.1017/s1598240800009371.
Abstract:
China's Labor Contract Law came into force on January 1, 2008. One of several important legislative acts aimed at improving the processing of labor grievances through mediation, arbitration, and litigation, and averting collective labor protest, it provides that all employed persons must work under written individual employment contracts. We evaluate the legislation's impact nationally and by province for the years before and after the law's adoption. Observing that the law's effect varied substantially across provinces, we estimate the effects of the law, controlling for time, development level, export intensity, and migrant labor share, on the volume of disputes by province using a cross-sectional time series design. We also examine the law's impact on the incidence of collective disputes and the grounds for disputes. We find that the law significantly increased the volume of labor disputes, raising questions about the relative costliness of the government's strategy for managing employment relations.
36
Филипова, Ирина, and Irina Filipova. "Settlement of Labour Disputes through Mediation: Current Status of Legislation, its Practical Application and Development Perspectives." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19769.
Abstract:
Russian legislation envisages the possibility of using mediation in labour disputes. At the same time, in practice mediation in labour disputes is rarely used. In legal literature, different reasons of this situation are identified: reluctance of the parties to pay for mediation, distrust of the mediator, absence of demand for mediation. It is important to understand that an employee is usually the initiator of a labour dispute. The author of this article believes that scarce application of mediation in the settlement of labour disputes lies in the high level of employees’ guarantees and rights in the Russian labor law and civil procedural law. First of all, the Labour Code provides plenitude of employee´s rights. If the employer violates these rights, the employee can go to court; the court will require the employer to restore the employee’s violated rights. Secondly, the employee is exempt from payment of judicial expenses. Thirdly, the employee may apply to the State Labour Inspectorate and the Prosecutor´s Office. Thus, the employee does not need the mediation procedure. It is more useful for employers, but employers have little knowledge about mediation. Foreign experience shows that for successful implementation of mediation in practice it is necessary to introduce the concept of mediation in labour legislation.
37
Cramton, Peter C., and Joseph S. Tracy. "The Determinants of U.S. Labor Disputes." Journal of Labor Economics 12, no. 2 (April 1994): 180–209. http://dx.doi.org/10.1086/298355.
38
Ivanchina, Ju V. "Consideration of individual labor disputes in the pre-trial order. Formation of the labor disputes commission." Voprosy trudovogo prava (Labor law issues), no. 3 (March 23, 2021): 223–29. http://dx.doi.org/10.33920/pol-2-2103-08.
Abstract:
The article highlights the issues of consideration of an individual labor dispute in pre-trial order. The formation of a labor dispute commission is considered, the direction of representatives of the parties to the composition of the commission and the organizational and technical support of its activities.
39
Krivenko, D. "The concept of mediation as a method for settlement of labor disputes." Social Law, no. 3 (November 6, 2019): 102–6. http://dx.doi.org/10.37440/soclaw.2019.03.18.
Abstract:
The essence of mediation as a way of resolving labor disputes is analyzed in the article. The content and meaning of this legal category are disclosed. It is characterized by its legal nature. Scientific approaches to the interpretation of mediation as a way of resolving labor disputes are presented. The author's concept of mediation as a way of resolving labor disputes is formulated
40
Nurmagambetov, Amanzhol Magzumovich. "PROCEDURAL ASPECTS OF LABOR LAW: THE EXPERIENCE OF UZBEKISTAN AND KAZAKHSTAN." American Journal of Political Science Law and Criminology 04, no. 02 (February 1, 2022): 27–30. http://dx.doi.org/10.37547/tajpslc/volume04issue02-05.
Abstract:
This article discusses issues related to the consideration of labor disputes, which are one of the important institutions of labor law. In this regard, the labor legislation of both states is analyzed. When highlighting the procedural aspects of labor law, the opinions of scientists are taken into account. A proposal has been developed for further improvement of legislation related to the consideration of labor disputes in the labor market of Uzbekistan.
41
Oliinyk, O. "On the issue of resolving labor disputes in court." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 191–95. http://dx.doi.org/10.24144/2307-3322.2022.70.28.
Abstract:
The article, based on the analysis of scientific views of scientists and current legislation of Ukraine, considers the current state of legal regulation of labor disputes in court, as there are many issues related to determining the jurisdiction of the court in such disputes. Because the current state of legal regulation of the procedure for consideration and resolution of labor disputes in court does not fully meet the requirements of real protection of participants in labor relations, and especially the employee. Therefore, effective legal mechanisms are needed for labor disputes to be resolved by a competent jurisdiction in strict accordance with the law, based on the established facts of the case. Attention is drawn to the importance of the Supreme Court’s legal position in resolving labor disputes, as the current Labor Code of Ukraine, as well as the state of all labor legislation in Ukraine, is outdated, not fully consistent with modern and dynamic labor relations. Due to the legal positions of the Supreme Court, gaps in labor law are filled, a single national case law is formed, as it is important to protect both sides of labor relations - employer and employee, to maintain an equal balance of protection of their interests in a market economy. It was noted that issues related to the resolution of labor disputes related to the determination of court jurisdiction could have been avoided if the current labor legislation of Ukraine was not deprived of a special rule that would regulate issues of judicial jurisdiction. Therefore, the new Labor Code of Ukraine should take into account the case law of the European Court of Human Rights and specialized (labor) courts of the European Union to regulate the issue of judicial jurisdiction, providing a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction. protection of labor rights.
42
Dewi Kasih, Desak Putu, Made Suksma Prijandhini Devi Salain, Kadek Agus Sudiarawan, Putri Triari Dwijayanthi, Dewa Ayu Dian Sawitri, and Alvyn Chaisar Perwira Nanggala Pratama. "Classification of Industrial Relations Disputes Settlement in Indonesia: Is it Necessary?" Hasanuddin Law Review 8, no. 1 (April 17, 2022): 79. http://dx.doi.org/10.20956/halrev.v8i1.3502.
Abstract:
This study aimed to examine the effect of the disputes classification in the industrial settlement system, comparing arrangements according to the perspective of the International Labor Organization, China, Japan, and Kazakhstan, and trying to find the ideal concept of the type of industrial dispute to apply in Indonesia. This research is normative legal research. The approaches used in this study were the statutory approach, conceptual approach, fact approach, and comparative approach. The results revealed that the classification of disputes in the industrial relations settlement system in Indonesia has an impact on the difficulty of the parties in classifying their disputes. Comparative studies were conducted to determine the classification of disputes in international law as well as in China, Japan, and Kazakhstan. The ideal concept that can be offered to Indonesia is the simplification or elimination of the classification of industrial relations to provide dispute resolution by applying the principles of fast, precise, fair, and inexpensive methods.
43
Lee John. "Research on Alternative Dispute Resolution Systems of Labor Disputes in South Korea." kangwon Law Review 30, no. ll (June 2010): 151–73. http://dx.doi.org/10.18215/kwlr.2010.30..151.
44
Savić, Milan. "PONIŠTAJ ARBITRAŽNE ODLUKE DONETE OD STRANE AGENCIJE ZA MIRNO REŠAVANjE RADNIH SPOROVA." Glasnik prava XII, no. 2 (December 2021): 55–65. http://dx.doi.org/10.46793/gp.1202.055s.
Abstract:
Word of the dispute is primarily associated with the intervention of the court. This is a traditional way of resolving labor disputes. The tendency in the world is to get as many of these disputes resolved peacefully, fast and fair manner at low cost. Avoiding court decision increases the chance of finding a favorable solution to the two opposing sides. The content of an arbitration agreement is of great importance to the parties in the arbitration proceedings. An arbitration agreement express the contractual freedom of the parties and list of facultative elements of an arbitration. Main benefits from peaceful solving labor disputes are expediency and cheap costs of the arbitration process. The arbitratior represents quasi – judicial instance and him may be wrong in his decision. The decision process is single and there is no possibility of appeal. This option would slow down the process of resolving issues. But, it can not be situation that would not be any way to void the wrong decision of the arbitratior. It could be chance to avoid this situation. Exactly because of that case, it must be provided for the possibility of annulment decision from peaceful settlment labor disputes agency. Reasons for cancellation must be a procedural character. Courts should not enter into the merits because it would further slow the troubleshooting. This would replicate the slowness of the trial in arbitration deciding. This length of proceedings before the courts is contary to the idea of arbitration as a quick, cheap, efficient and above all peacefull methods of resolving labor disputes. Court in relation to arbitration should have only a supervisory function. Blending the merits of arbitartion decisions would be deprived of independence and efficiency.
45
D.O., Dmytrenko. "Characteristics of the Scandinavian model of legal regulation of labor relations (on the example of Iceland)." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 160–64. http://dx.doi.org/10.24144/2307-3322.2021.65.29.
Abstract:
This article considers scandinavian legal regulation of labor relation on the example of Iceland. The author analysed the basic laws governing labor relations, and concluded that Icelandic labor law works in conjunction with collective agreements. The rules and conditions of collective agreement are more adapted to specific types of organisations, unlike legislation rules of which applies to all types of organisations. Collective agreements are binding for all parties to the agreement, regardless of whether they are organizations or individuals. The responsibility for the company lie with employers’ confederations, trade unions and employees, that’s why the state doesn’t interfere in regulation of wages, working conditions and social protection, because they are mainly guaranteed by collective agreements, not by legislation. Labor disputes in Iceland are divided into “disputes of law” and “disputes of interest” and have different resolution mechanisms. “Disputes of law” concern the interpretation or application of the provisions of labor law: differences in the meaning of the statutes; provisions of individual employment contracts; provisions of collective agreements; and other legally binding provisions. “Disputes of interest” concern the establishment of new laws by agreeing on the contradictory content of collective agreements, working conditions etc. There are two stages of Icelandic procedure of labor disputes : 1) negotiations; 2) trial. Icelandic Labor Court is an integral part of the corporate structure of labor market. Labor Court is responsible for setting and creation of case law and balance industrial relations system and labor law. Another important role in Icelandic labor market is played by trade unions. By signing collective agreements with employers’ organisations trade unions strength labor market and provide employees with better working conditions that are more adapted to specified categories of industries.
46
Shumylo, Mykhailo. "Legal conclusions of the supreme court in religious context cases: determination of jurisdiction." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 434–45. http://dx.doi.org/10.33663/1563-3349-2022-33-434-445.
Abstract:
The religion-related disputes are one of the most diffi cult, as they concern a rather delicate issue of a person’s exercise of freedom of conscience. This category of disputes was not very common in the national courts and the lack of judicial experience in resolving disputes with a religious component has led to contradictory case law. Given the above and taking into account the main task of the Supreme Court aimed at ensuring the unity and sustainability of the judicial practice, the analysis of the rulings of the Supreme Court gets signifi cant importance. It can be stated that these disputes are of inter-jurisdictional nature and can be considered by both civil and commercial, and administrative courts, depending on the subject of the claim. The Supreme Court also makes a clear distinction between the disputes with a legal element and the disputes that do not have a legal element and should be resolved out of courts. Disputes with a religious component do not belong to only one category of cases and for this reason they can be characterized as intercategorial. The point is that the subjective criterion cannot be applied to the study of these categories, as disputes with a religious component can arise in the areas of labor, protection of property rights, land, real estate, registration procedures and so on. Both sings prove the complexity and individuality of each dispute as well as diffi culty of resolving such disputes by the courts of all instances. The Article substantiates the proposal on the need for the National School of Judges of Ukraine to develop the special courses for judges that would improve and deepen knowledge in the context and issues of religion-related disputes. The author also emphasizes the value of the national experience in resolving such disputes, as it can be useful for the countries that have the similar religious situation or have almost reached it. Key words: religion-related disputes, disputes with a religious component, jurisdiction, labor disputes, housing disputes.
47
Brazhko, Olena. "CONDITIONS AND FACTORS OF THE NATIONAL MEDIATION AND RECONCILIATION SERVICE IN RESOLVING LABOR CONFLICTS." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 20 (2020): 58–66. http://dx.doi.org/10.34079/2226-3047-2020-11-20-58-66.
Abstract:
The conditions and factors of the National Mediation and Reconciliation service in resolving labor conflicts are taken into consideration, the main tasks of the National Mediation and Reconciliation service are determined, the state of social and labor relations and the causes of collective labor disputes (conflicts) in enterprises and organizations of the Zaporizhzhya region are analyzed, the improvement of the situation in the field of social and Labor Relations is suggested, the necessary steps to improve the National Mediation and Reconciliation service are provided. Social and labor interests may clash between an employee and an employer at any stage of an employment relationship, which leads to labor disputes. Therefore, during the difficult economic situation in Ukraine, the problem of resolving labor disputes that arise between the owner of an enterprise, institution, organization or an authorized body or individual, on the one hand, and a specific employee or labor collective, on the other hand, is urgent. Labor dispute (conflict) is the disagreement that have arisen between the parties to social and labor relations regarding the establishment of new or changes in existing socioeconomic conditions of work and industrial life, the conclusion or modification of a collective agreement, agreement, performance of a collective agreement, agreement or their individual provisions, failure to comply with the requirements of labor legislation. Unresolved labor conflicts lead to such negative consequences as loss of working time, deterioration of the quality of management decisions, decrease in motivation, etc. The National Mediation and Reconciliation service, to our mind, should: firstly, provide explanations and practical advice on issues that arise when determining the subject matter and parties to a collective labor dispute, forming requirements, and determining the moment when the dispute arises; secondly, actively inform about the norms of national legislation, regulations of the NSPP that require study and compliance by participants in collective labor disputes; thirdly, hold meetings of the Conciliation Commission and labor arbitration, involving an independent intermediary; fourthly, conduct educational work to promote legal knowledge; fifthly, interact more actively with trade unions at the national, regional and individual enterprise levels. All these measures should significantly improve the legal literacy of the parties to the conflict and change the level of relations in the legal field for the better. The first direction of improving the activities of the NSPP involves regular publication in the printed publication "Bulletin of the NSPP" and in electronic sources, primarily on the official website of the NSPP, changes in regulatory documents with comments from specialists (NSPP employees and independent lawyers) (8). The second direction focuses on more clear and quick activities of the NSPP regional offices in responding to official requests. On the official website of the NSPP, publicly publish all responses to official appeals to the regional offices of the NSPP. The third direction involves the involvement of specialists certified by the NSPP in labor arbitration. At the same time, significantly increase the requirements for the accreditation level of specialists, review the procedures for their certification in the direction of increasing the requirements. The fourth direction is holding seminars, conferences and round tables with the participation of NSPP specialists. The results of these meetings should be published in the official print and electronic publications of the NSPP. The fifth direction of improving the activities of the NSPP involves regular meetings of managers of regional branches of the NSPP with representatives of trade unions and giving managers of the NSPP at the regional level greater powers in matters of interaction with representatives of trade unions.
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Nam, Jeong Woo. "A Study on the Korean Economy and Labor-Management Dispute -Establishment of Koreanized Labor-Management Relation-." Korean Journal of Policy Studies 3 (December 31, 1988): 134–40. http://dx.doi.org/10.52372/kjps03008.
Abstract:
As a consequence of the epoch-making event of the June 29 Declaration in 1987, the so far suppressed needs and desires of workers in Korea have erupted in a chain of labor-management disputes or violent strikes throughout the nation. Even in the era of radical democratic changes, such disputes have turned out to be getting worse due to the lack of established co-operative practices between the two parties and 3rd party intervention. As a result of the delay in settling these disputes, Korea's economic situation has become worse as evidenced by: slowed GNP growth due to lowered productivity; worsened employment due to subsequent shut-downs or reduced operation of plants; and resultant worsened international balance and price rise. On the management's part, such a situation has caused retardiness of enterprisers' desire for management or investment fearing of encouraging even more radical demands from workers. In face of such a predicament, it seems desirable to develop the so-called Koreaniaed labor-management relation. For this it seems necessary to reinstate our traditional social solidarity and develop the so-called Oriental Spirits into management. Above all, positive understanding of both parties and adequate communication channels within the enterprise is required so that the basis for the solution to the labor-management problems might be secured. Workers also are required to trust in capitalistic economic system and mutual assistance throwing away their violent attitudes. Additionally, improvement in labor administration is necessary so that administrative guidance for protection of workers and for establishment of labor-management relation order may be provided.
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Piestsov, Ruslan, Liudmyla Kupina, Nataliia Karpova, Svitlana Vyshnovetska, and Iryna Ustynova. "Extrajudicial bodies for labor conflicts resolution." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 2022): 201–13. http://dx.doi.org/10.52028/rbadr.v4i7.12.
Abstract:
The article studies the legal status of extrajudicial bodies for the resolution of labor conflicts as well as the procedure of labor conflicts resolution. It also analyses domestic and foreign extrajudicial bodies experience in resolving labor disputes. The resolution of labor disputes is traditionally associated with the judiciary. However, due to the overload of the latter, the length of the judicial procedure of considering and resolving conflicts and the high level of court costs, the search for alternative extrajudicial solutions to labor disputes is highly in demand. On the other hand, alternative extrajudicial methods of resolving labor disputes will significantly reduce the workload of judicial bodies and the social tension among the participants in the process of resolving labor disputes. The comradely courts were endowed with the trust of the staff, acted as its willpower and were accountable to it. These courts turned into a kind of public courts which were created to consider and resolve minor legal conflicts that did not affect essential human rights. The main purpose of the newly created comradely courts was to educate people through persuasion and social influence. Their activity was based on such principles as production-territorial principle, that of expediency, election and accountability of judges. In addition, the comradely courts, as a body of justice, operated on the same principles as courts of general jurisdiction, in particular, election and independence of judges, open and oral character of court proceedings.
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ROH, Byoung Ho, and Tae Hyun KIM. "Injunctions utilized by Employees in Labor Disputes." Northeast Asian law journal 9, no. 3 (January 30, 2016): 469–505. http://dx.doi.org/10.19035/nal.2016.9.3.17.