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Коллективные трудовые споры и забастовки в России: распространенность и роль судебной практики в ограничении их применения и эффективности использования
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.
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