Workplace Mobbing and Workplace Harassment Regulation in Russia

2013.

Черняева Д. В.

    Studies on mobbing and harassment in Russia, - whether from a legal, sociological, psychological or economical viewpoint, - are sporadic and usually included into more general research projects devoted to discrimination, gender issues and human rights. Doctrine does not provide consistent terminology. Legislation does not address these issues consistently in their entirety, recognizing only specific instances of their manifestation. Collective agreements contain only general provisions on this subject if any, and enterprise regulations have mostly superficial clauses unenforceable because of the lack of essence and relevant procedures. Russian legislative landscape also lacks stakeholders seriously interested in establishment and promotion of anti-mobbing and anti-harassment culture in the workplaces. Both government and public demonstrate a “we have more urgent questions to address” attitude. In this context absence of landmark cases and court decisions is a logical consequence and a natural result of the general disregard. Thus it is all the more important to highlight the circumstances in which a judicial protection can now be provided. This analysis and further research, - including comparative studies, - may help to reveal possible directions for the policy development in this field both in doctrinal and regulatory aspects. This paper attempts to outline the state of the art and the major tendencies in legal regulation of mobbing and harassment phenomena in Russia nowadays and to suggest possible explanations and solutions to the problems revealed. 

Ключевые слова: трудовые отношения, правовое регулирование, Россия, трудовое право, law, employment, regulation, employment relations, workplace, моббинг, mobbing, harassment, харассмент, рабочее место, legal