Collective labor disputes

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2018-03-17 14:30:46

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Collective labour disputes-these are the conflicts that the employer and employees are unable to resolve between themselves through negotiations. They are more General than those that affect the interests of any individual.

Collective labour disputes are classified according to different criteria. On the subject they are divided into:

- those not involved in the regulation of collective agreements;

are those which arise on the implementation or agreements.

Collective labor disputes flare up due to changes or establishment by the employer of working conditions. And when he refuses to consider the opinion of the body representing the interests of subordinates at the time of adoption of any normative act. Such disputes may “flare” in any organization. Requirements of subordinates in this case are the main point of contention. The employer and the body representing the workers, are parties of this dispute. It may not appear at the industry, territorial or regional level.

Collective labor disputes of this kind – conflicts of interests (i.e. economic), as there is a clash of different views of the employer and employees. Both sides seek to establish conditions for activities that would be most beneficial. However, they still wish to consolidate their creation of a normative act with the appropriate content. But the legal right to such actions neither nor the second does not.

In practice, most often the second group of disputes. This is due to the functioning of the social partnership mechanism. Although these disputes arise in connection with the process of collective agreements, yet heterogeneous. So they, in turn, are divided further into two categories:

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- those that occur by reason of a change or of collective agreements;

- those that occur as a result of compliance or non-compliance with the obligations stipulated in the collective labour act.

The First category is associated with the negotiations. The subject of this dispute is some condition or conditions of a normative act. They may relate, for example, the composition of the Commission, which would negotiate or determine their procedures.

It's a conflict of interest. Any stage of the negotiation can be stopped. Who will be parties to the dispute depends on the level at which it occurs. This can be the employer and the body representing employees. But on the regional, Federal level one party is the employers, and the other – trade unions.

Disputes arising under collective agreements – the conflict of law (ie legal). They appear when an employer does not fulfill their obligations. They can also occur due to contrived or real violations of the rights of subordinates, emerging from the interpretation of a collective regulation. Respectively and their parties are: the body representing the employees and the employer, who has not fulfilled or fulfilled improperly the terms stated in the collective agreement.

Conflicts of this kind arise only at the level of individual organizations.

Russian law (unlike the models adopted abroad) establishes a single procedure for resolution of disputes any categories. In countries with a market economy a very different approach. There are conciliation procedures apply only when resolving “conflicts of interest”. If the labor law was initially stipulated by collective agreement, court order cannot be recovered.

In our country, everything is different. Although a single procedure for resolution of employment disputes of all types is the next step on the path to change. Maybe change things for the completion of the judicial reform. It is hoped that the consideration of labour disputes of interests and rights will be performed using different procedures.

 






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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