Labor Law. Torts. Legality of Strikes to Enforce Awards of Tribunal for Arbitration of Labor Disputes

1925 ◽  
Vol 39 (1) ◽  
pp. 128
Keyword(s):  
Labor Law ◽  
Labor Disputes

scholarly journals Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

2018 ◽  
Vol 11 (2) ◽  
pp. 1-31
Author(s):  
Mykola Inshyn ◽  
Olena Moskalenko
Keyword(s):  
Labor Migration ◽  
Statistical Data ◽  
Labor Relations ◽  
Labor Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Labor Disputes ◽  
Existing Problems ◽  
Legal Provisions ◽  
Wide Range

Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

Application of civil law in the regulation of labour relations

2021 ◽  
pp. 748-755
Author(s):  
A.V. Mayfat ◽  
M.A. Zhiltsov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Labor Disputes ◽  
Labour Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Common Situation

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

scholarly journals Labor Law: Compulsory Arbitration of Labor Disputes

1948 ◽  
Vol 47 (2) ◽  
pp. 242
Author(s):  
James A. Sprunk
Keyword(s):  
Labor Law ◽  
Labor Disputes ◽  
Compulsory Arbitration

scholarly journals Statute of Limitations in Labor Law (Theory and Practice of Law Enforcement)

2021 ◽  
Vol 2 ◽  
pp. 37-41
Author(s):  
S.A. Komkov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Law ◽  
Theory And Practice ◽  
Negative Consequences ◽  
Labor Disputes ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Russian Federation ◽  
Special Time ◽  
Exhaustive List

The terms of applying to the commission on labor disputes and to the court for the resolution of individual labor disputes are analyzed and the legal nature of these terms as the statute of limitations is noted. The conclusion is justified that it is unjustified to provide in the Labor Code of the Russian Federation an exhaustive list of valid reasons for missing the terms of treatment due to the variety of life situations. It is established that one of the valid reasons for the late filing of a claim against the employer may be the fear of the employee of the occurrence of negative consequences in the service. It is argued that while the employee is working, the legal relationship for unpaid wages is of a continuing nature, and does not fall under the term for applying to the court. The conclusion is made about the validity of the establishment of a special time limit for applying to the court in cases of compensation for non-pecuniary damage to an employee by the employer.

Hidden Labor Relations: Current Law-Making and Law Enforcement Issues

2020 ◽  
Vol 7 ◽  
pp. 57-68
Author(s):  
I. Yu. Voronov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Labor Law ◽  
Employment Relationship ◽  
Labor Rights ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Legal Understanding ◽  
Civil Contract ◽  
Law Making

The article analyzes the positions of experts in the field of labor law regarding the nature and types of hidden labor relations from the positions of positivism and the scientifically based concept of integrative law understanding. The author criticizes the conclusions of experts based on a positivist legal understanding according to which an employment relationship arises on the basis of the reclassification of a civil contract into an employment contract or a civil relationship into an employment relationship. Based on the analysis of labor law norms, law enforcement practice in labor disputes and scientific points of view of experts in the field of labor law, which is based on a scientifically based concept of integrative law understanding, the author comes to the conclusion that hidden labor relations are a type of labor relations, have signs of labor relations, are common in the judicial practice of labor disputes and are the most urgent problem of Russian labor law. The author analyzes two modern types of hidden labor relations from the position of a scientifically based concept of integrative law understanding: the conclusion of civil contracts instead of labor contracts and the actual admission of an employee to work by the employer or with the knowledge or on behalf of the employer or its authorized representative in the case when the labor contract was not properly executed, within three days and later after the actual admission of the employee to work. The author analyzes the ways of protection of labor rights and legal interests in the field of labor from the position of a scientifically grounded concept of integrative law understanding and formulates law-making proposals for changing the norms of labor law.

scholarly journals FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS

2020 ◽  
Author(s):  
Andrey Aleksandrov ◽  
Keyword(s):  
Labor Law ◽  
Point Of View ◽  
Labor Disputes ◽  
Electronic Documents ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Creation ◽  
And Storage

Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.

scholarly journals Practice of compensation for moral damage in labor law of Ukraine and foreign countries

2020 ◽  
pp. 59-65
Author(s):  
O.I. Kyselova ◽  
M. Soldatenko
Keyword(s):  
Labor Law ◽  
Employee Rights ◽  
Labor Rights ◽  
Urgent Problem ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Moral Damage

The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.

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