Actual questions of representatives of employees in relations on the resolution of labor disputes
Автор: Hilchuk Elena Leonidovna
Статья в выпуске: 2 (33), 2018 года.
Purpose: To consider topical issues of representation of workers in the relations on permission of labor disputes: to investigate single topical issues of representation of workers in the relations on permission of labor disputes, to reveal characteristic features of representation in labor relations and contradictions of the labor law regulating an order of permission of individual labor disputes regarding possible representation of workers. Methodology: Private and scientific methods of knowledge were used: legallistic, comparative and legal, historical, system analysis and others. Results: The labor code of the Russian Federation limited possibilities of the representative of the worker to permission of an individual labor dispute in the commission on labor disputes in this connection the author offers to complement the Labour code with the corresponding norm eliminating the specified contradictions. The main body for permission of individual labor disputes is the court now. In article questions of representation of workers in court on individual labor disputes are considered. The relevant standards of the labor and civil procedural law are analysed. The attention to a role of labor unions in permission of individual labor disputes is paid. The author allows a possibility of formation of institute of lawful public representation of workers with investment with the corresponding rights and obligations of labor unions. Novelty/originality/value: Article contains a number of the author’s conclusions and generalizations important for jurisprudence and practice.
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