LABOR DISPUTES AND THE PROCEDURE FOR THEIR RESOLUTION: FOREIGN EXPERIENCE

The article discusses labor disputes and the procedure for their resolution in the sections of such countries as the USA, Canada, Hungary, Poland, the Czech Republic and Slovakia, Romania and Croatia, France. In addition, using the comparative legal method, the labor legislation of the Republic of Uzbekistan was studied. In the course of the analysis, it was concluded that the Labor Code does not contain any limitation on the total number of employees included in the commission, now a labor dispute commission can be created at any, even a very small enterprise, the commission includes an equal number employee and employer representatives. In the context of the study of the category of collective labor disputes, the international experience of the ILO regarding collective bargaining practice was studied.Keywords:labor contract, ILO, UN, commission, labor dispute, employee, court, arbitration

Burden of proof in a labour dispute

The actual implementation of labor rights is possible if there are working mechanisms for the protection of violated rights in the legislation. The effectiveness of such protection depends, inter alia, on the procedural rules that secure the position of the disputing parties, their rights, obligations, and the rules for the distribution of the burden of proof. In this paper, we will focus on the norms that enshrine the rules for distributing the burden of proof of circumstances that are important for resolving a labor dispute. English version of the article is available at URL: https://panor.ru/articles/burden-of-proof-in-a-labour-dispute/71251.html

Consideration of individual labor disputes in the pre-trial order. Formation of the labor disputes commission

The article highlights the issues of consideration of an individual labor dispute in pre-trial order. The formation of a labor dispute commission is considered, the direction of representatives of the parties to the composition of the commission and the organizational and technical support of its activities.

Unfulfilled Justice

Through a case study of workers’ protests to demand owed wages and social insurance benefits after foreign management had suddenly fled the country, this article discusses the moral and legal dynamics of labor dispute resolution in Vietnam. It examines the local government’s use of extralegal measures, which combine a tactical deployment of the law and moral responsibility, in brokering a resolution. The article argues that these measures, while aimed at addressing the legal challenges of supporting affected workers in the event of these so-called “cicada practices,” are limited in satisfying workers’ demands for justice as workers struggle to claim their legal rights and overcome their precariousness.