Коллективные трудовые конфликты: Россия в глобальном контексте
This edition is the first Russian study of collective labor disputes, written by not only lawyers, but also sociologists, political scientists, economists, as well as direct participants in labor disputes - labor unions. The first section "Labour conflicts, collective labor disputes and strikes in Russia: problems of legal regulation and challenges in practice" prepared by leading Russian experts and is dedicated to the analysis of collective labor disputes, strikes and labor protests in Russia. The second section "Labor conflicts and strikes: a global context", submitted by foreign researchers, examines the current state of collective labor protests and strikes in Germany, Great Britain, Spain, South Africa and China. Annex "Collective labor disputes and strike: the possibility of using mechanisms and their effectiveness” is written by activists of Russian trade unions', who participated collective labor conflicts and strikes, and expressed their opinion on the effectiveness of these mechanisms in practice.
The book will be interesting for practitioners in the field of labor relations, researchers, students, as well as a wide range of people interested in the issue.
An opinion exist that collective labor disputes and strikes are rare in Russia, and therefore the discussion on mechanisms and problems of their use is not actual. This conclusion is based on official statistics. Research of practical implementation of collective labor disputes, practice of their permission, judicial practice shows that the number of situations in which the procedure of collective labor disputes and strikes should be used is sufficient. However, participants of conflicts refuse to use legislative norms and use forms of resolution of conflicts, not regulated by law. The chapter examines the prevalence of collective labor disputes and strikes and other forms of collective labor conflicts in Russia on the basis of official state data and data of monitoring, conducted by non-governmental organizations. Further we examined the reasons of low popularity of use of procedures of collective labor disputes regulation. In the third part of the article the role played by the courts is examined. Their jurisprudence strongly determines the situation that procedures for collective labor disputes resolution and strikes are less suitable for use in practice by workers to address the problems they face.