Employment Regulation in National Contexts: Russia
The chapter discusses market forces and the transformation of Russian employment relations starting with 1990. The Russian case shows that the ability of actors to exercise strategic choice varies greatly according to context. Russian unions were strongly constrained in their response to reform. The Russian state was ostensibly far less confined in its decision making, but still found it hard to escape the ‘sticky’ institutions of the past. It was not the formal institutions of soviet power which proved most resilient, but inherited pattern of clientelist relations and politicised resource allocation, which subverted the economic and political ‘transition’.
With a view to ensuring a follow up of the implementation of the Recommendation, the International Labour Office was instructed to assist constituents in developing national policies and setting up monitoring and implementing mechanisms, as well as to promote good practices at the national and international levels concerning the determination and use of employment relationships. In response to that decision, the International Labour Office, developed in 2007 an Annotated Guide to Recommendation No. 198 using the technical expertise of a group of experts from around the world which presented examples in law and practice on how the various aspects of the Recommendation were being dealt with in many countries in different regions. Over the recent years, there have been increasing developments at the European level regarding the employment relationship in legislation, case law, collective agreements and soft law. In this context, the ILO, and in particular the then Industrial and Employment Relations Department (DIALOGUE) undertook a strategic partnership with the European Labour Law Network (ELLN), a network of independent legal experts from all European Union Member States and European Economic Area countries, in order to produce an updated version of the 2007 annotated Guide with a specific focus on European countries. The European Labour Law Network was established in 2005 on initiative of Professors Guus Heerma van Voss (University of Leiden) and Bernd Waas (University of Frankfurt am Main), the latter being the editor of this Guide. The European Labour Law Network is comprised of non-governmental legal experts from all European Member States and the EEA countries. In December 2007, the European Labour Law Network signed a contract with the Directorate-General for Employment, Social Affairs and Inclusion of the European Commission in Brussels (formerly the Directorate-General for Employment, Social Affairs and Equal Opportunities) and, under the name ‘European Network of Legal Experts in the Field of Labour Law, dealing with both individual and collective rights/aspects’, became the European Commission’s official advisory board on issues relating to developments in individual and collective labour law. In this capacity, the Network has been conducting extensive research for the European Commission. Among other things, it produced a Thematic Report on the “Characteristics of the Employment Relationship” in 2009. This guide builds upon up-dated information analysed in that research project. (More information at: http://www.labourlawnetwork.eu). In summer 2013 International Labour Office approached Russian labour law scholars, - associate professors Elena Gerasimova (NRU HSE), Nikita Lyutov (MSAL, NRU HSE) and Daria Chernyaeva (NRU HSE), – with a suggestion to prepare a Russian translation of the Gude and to amend it with materials concerning the CIS countries.
Non-standard employment contracts are not a new phenomenon for the Russian labor market and being increasingly used by Russian enterprises. But their importance to the economy, the impact on employment and wages are still unclear. The positive effect of non-standard employment contracts can be seen in increasing a probability of escaping from the unemployment, in rising a number of employees, and enhancing a probability of their work employment. It is possible that the wages of workers with non-standard employment contracts could be lower than those with standard employment contracts. Using the data stu died (in 2009-2010), the author shows the dynamics of employment and wages growth as a result of using nonstandard employment contracts by Russian enterprises.
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.
"Employment Relations" is widely taught in business schools around the world. Increasingly however more emphasis is being placed on the comparative and international dimensions of the relations between employers and workers. It is becoming ever more important to comprehend today’s work and employment issues alongside a knowledge of the dynamics between global financial and product markets, global production chains, national and international employment actors and institutions and the ways in which these relationships play out in different national contexts.
This textbook is the first to present a cross-section of country studies, including all four BRIC countries, Brazil, Russia, India and China alongside integrative thematic chapters covering all the important topics needed to excel in this field. The textbook also benefits from the editors' and contributors' experience as leading scholars in Employment Relations. The book is an ideal resource for students on advanced undergraduate and postgraduate comparative programmes across areas such as Employment Relations, Human Resource Management, Political Economy, Labour Politics, Industrial and Economic Sociology, Regulation and Social Policy.
General analysis of modifications in labor sphere of Russian companies and adaptation of old (traditional) and new (alternative) trade unions to interaction with transnational companies (TNK) is being discussed. The main issue is how inner processes, initiated by western management reflected on status of workers and on adjustment of trade union participation in labor relations. Paper is based on case study materials of Russian companies, members of TNK.
In this paper are summed up the principal ideas of a book by the contemporary French legal scholar Jasques Le Goff. This book was dedicated to analysis of the sociological conception of law by Georges Gurvitch. In the context of theoretical problems of the nowadays French labor law Professor Le Goff tries to outline a new methodological approach to law. According to Professor Le Goff, one needs to abandon both anarchist ideas about spontaneity of legal development, and the etatist legal positivism which conceives law as primarily emanating from state. Appropriate methodological tools for a correct analysis of law Professor Le Goff finds in the works of the French-Russian thinker of the 20th century Georges Gurvitch who was famous for his conception of social law. Gurvitch treated law as a form for institualization of social communication between individuals and groups. This approach can serve as a conceptual foundation for explaining the contemporary lawmaking processes in the nowadays French labor law where law to a certain extent is created without intervention of state.