Labor law in transition: From a centrally planned to a free market economy in Central and Eastern Europe
The chaper contains an analysis of trends in labor law systems' transformation from Centrally planned to market economy. The research is based on the examples of three Central and East European countries, namely Hungary, Poland, and 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.
The article reflects the discussion on the resonant Laval and Viking cases of the European Court of Justice from the Russian labour law perspective.
The article deals with the issues of Russian labour law compliance to the international labour standards in several crucial issues: discrimination in employment, freedom of association, wages etc.
The right of workers to ‘strike’ – to refuse to work pending the outcome of employer-employee negotiations concerning specified demands – is legally recognized virtually worldwide. Yet national laws on strike action vary enormously, both in terms of the extent of state regulation and of specific procedural rules. The importance of strike law becomes obvious when taking the enormous economic and financial consequences of strikes into account. Considering how many people and businesses are affected by strike actions – particularly with the globalization of industry – the value of a comparative assessment of the right to strike becomes very clear. This book brings together 31 country chapters, each written by national experts on strike law. An introductory general chapter sheds light on similarities and outlines differences in the laws of the countries concerned. The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics:legal definitions; the legal basis of the right to strike; ; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and ‘essential services’; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.
Because the strike law issues lawmakers, judges, and legal practitioners must address are similar no matter what the jurisdiction, it makes sense to look beyond borders to learn what solutions are being implemented in other countries. For this reason, the book is sure to prove highly useful in practice and policy contexts. As the first in-depth comparative analysis of a crucial part of labour law, it will also be indispensable to academics in the field.
The article analyses positions discussed during the conference "Workers' participation in enterrprize management. Role of trade unions and works councils in labour relations regulation", which took place on September 14, 2012 in Higher School of Economics. The article discribes approaches to creation of works councils in Germany, correlation between functions of works councils and trade unions in Germany, possible role and functions of works councils in Russia.
Two main conclusions are made concerning the workers’ representation system in Russia. First: the system is quite far from being in conformity with the ideals of real freedom of association and collective bargaining.
Second: it is quite unlikely that this situation will change fundamentally in the nearest future. Only the major social unrest may provoke the liberalization oфf collective bargaining and collective labor disputes legislation in Russia. But present state of things itself constitutes a threat to social stability and may trigger much more dangerous trends that it is now supposed to prevent.