Международные трудовые стандарты и российское трудовое право: перспективы для координации
The chapter is about legal principles of prohibition of forced labour and discrimination at work in the Russian legislation.
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 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.
Workers’ Representation in Central and Eastern Europe
Challenges and Opportunities for the Works Councils System
Editor: Roger Blanpain, Guest Editor: Nikita Lyutov
Works council, as a participatory means of regulating the employer–employee relation, is long established in Western European countries, but has failed to take significant root in other parts of the world where it has been tried. This book is the first in-depth exploration of the legal, political, and cultural forces that complicate this transposition. Focusing on Eastern and Central Europe, where the works council system has been most extensively applied and where the evident reasons for its lack of purchase are most telling, the contributors examine the relevant experience, both negative and positive, in twelve countries, with a particular focus on non-union representation of workers.
Many important issues pertinent to workers’ representation in general in a globalized world are covered, including the following:cooperation and confrontation between trade unions and works councils; insufficient division of competences between the two representative bodies; legal norms concerning both trade union and works councils independence from employers’ interference; need for serious and dissuasive sanctions against creation of employer-controlled (‘yellow’) unions; need for extension to non-union workers of protection from anti-union discrimination; real vs. formal implementation of EU norms in Eastern European Member States; unnecessarily complicated regulation of institutions of representation; lack of protection against dismissal of non-union representatives; responsibility for breach of employers’ obligation to consult and inform; and employers’ lack of legitimacy in the eyes of workers.
There is general agreement among these authors that, as long as human beings spend a serious part of their lives at the workplace, they must be allowed not merely to express opinions about the job but have a real influence on it. Fully aware of the sensitivity of these issues in market economies, the authors’ careful research and call for public discussion open the path to real changes in the existing system, clearly in Eastern Europe but to be much desired elsewhere also. For labour law scholars, practitioners, and policymakers who know that such changes are needed, this book offers directions that, though debatable, are sure to be welcomed.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/