Labour Disputes: Issues Relating To Substantive Law And Procedure In The Legal Process

NRU Higher School of Economics , 2014. No. WP BRP 36/LAW/2014.

Buyanova M.

This study addresses issues relating to procedural and labour law regulations governing legal proceedings in labour disputes, such as re-instatement cases, in the courts of general jurisdiction. Emphasis is placed on issues relating to the time limits set for filing employment lawsuits and the manner whereby these time limits shall be counted. The study provides grounds for a proposed change in the rules of territorial jurisdiction over labour disputes and identifies issues relating to evidence relevance and evidence admissibility in re-instatement law cases. The study highlights challenges associated with the presentation of evidence by employees. Special attention is given to imperfections in the statutory dismissal procedure. The study offers a dismissal procedure for each ground for employee dismissal set forth in Article 81 of the Russian Federation Labour Code and proposes ways to streamline the labour and civil procedural laws in the context of the issues addressed.

Keywords: трудовые споры, законность, восстановление на работе, сроки, evidence, доказательства, labour disputes, доказывание, re-instatement, jurisdiction over labour disputes, presentation of evidence, time limits, due process of law, dismissal procedure, подсудность трудовых споров, порядок увольнения