Коллективные трудовые споры, забастовки и протесты в России: влияние законодательства и правоприменительной практики на их распространенность и применение
In the article the information on the popularity and causes of collective labor disputes, strikes, labor protests and conflicts in Russia is analyzed. The data of state bodies, according to which the number of collective labor protests taking place in the framework prescribed for them by law (collective labor disputes, strikes) is low and does not grow in difficult and crisis periods, is demonstrated. At the same time number of workers’ protests in various forms without use of procedures designed by law for the resolution of labour conflicts, is growing. We investigate the role played of the current legislation and its’ enforcement, including the judiciary practice, and what are the consequences of such practices.
Рublication was prepared on the basis of norms of the modern Russian legislation on labor disputes in accordance with state educational standards of higher professional education on the subject "Labor Law of Russia" (course "Labour disputes"). Its main aim is to help students in mastering the basic theoretical and practical knowledge and competences for the consideration and resolution of individual and collective labor disputes. Material contains general, special and peculiar parts. The general part deals with theoretical questions of labor disputes: concept, causes, law, principles, types and location of labor disputes in the labor law system. The special part contains sections on the procedure for dealing with individual and collective labor disputes, as well as the settlement of labor disputes certain categories of employees (civil servants, judges, prosecutors, foreign employees). Questions of foreign experience of labor disputes are considered in a special part of the tutorial. A special place is given to the problems of labor disputes and the prospects of development of Russian legislation on labor disputes.Each part includes relevant case studies (CBS and courts of general jurisdiction). For teachers, bachelors, masters and post-graduate law schools, as well as entrepreneurs, heads of organizations and personnel services, as well as those interested in labor disputes.
The article covers the problem of labour legislation reforms in Russia.
The author of the report analyses problems of legal regulation of the phenomena of mobbing and harassment in the Russian legislation, protective measures available under the Russian law and perspectives of the development of the regulation in this field.