Labor law: national and international dimension

The first volume of the collective monograph "Labor Law: National and International Dimension", prepared by leading experts in Russian and international labor law, labor economics, philosophy of law, is devoted to the general problems of modern labor law. The first section of the volume deals with general theoretical issues of modern labor law, the second rethinks the principles of labor law in modern conditions, and the third analyzes modern employment problems. Most of the issues are investigated from the standpoint of the national labor law of Russia, international labor standards using the comparative legal method, as well as an intersectoral approach to legal research. For practitioners and researchers in the field of labor, international law, economics and sociology of labor, as well as students, postgraduates and anyone interested in this issue.

International Labor Law in Relation to International and Private Law

The purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars regarding whether international labor law is a field of public law or private law, a sub-field of international law or private international law, etc. Subjects and sources of international labor law regulation were defined to determine the attitude towards a specific field of law. This article states that national labor law should be in line with the goals of the International Labor Organization to reduce social inequality, to regulate and protect labor and associated labor relations in accordance with international labor standards and universally recognized human rights. It has been suggested that while international labor law is a branch of public law, it is closely related to private law, in particular, to the national labor law. Other conclusions have been made in this article based on the research methods.

Reception of Investigation Principles According to ILO’s International Labor Standards on Labor in Indonesia

The position between workers and workers in labor law always places an unbalanced position, where the position of workers will always be in a weak position. In the dispute over industrial relations disputes regulated in Law Number 2 of 2004 the basis for evidence is based on Article 163 HIR (Herzien Indonesis Reglement)/ 283 RBg (Rechtsreglement Buitengewesten) / 1865 BW (burgerlijk wetboek voor Indonesie). The provisions of this Article give rise to injustice about the reverse evidence that has been established by the International Labor Organization (ILO) through international labor standards and other ILO legal instruments regarding reverse proof in cases of dismissal, Freedom of Association, and Equality in Employment and Occupation. This research utilizes a juridical normative, descriptive approach and is supported by case studies as data support, and an analysis is carried out based on qualitative methods and legal comparisons.

International Labor Standards for Employment and Special Conditions of Work for Older Workers

The article reveals the provisions of international labor standards adopted by universal and regional international organizations. As you know, most international labor standards are adopted by the ILO. Among the ILO conventions and recommendations, a sufficient number are devoted to employment issues and the establishment of special working conditions for older workers. The article provides examples of the successful implementation of international standards in the national legislation of economically developed countries. The author draws attention to the use of the positive experience of foreign countries to improve the legal regulation of the labor of older workers in Russia.

The Problem of Freedom of Association: A Comparative Legal Study of Provisions of Laws on Trade Unions of the States of the Eurasian Economic Union, Taking into Account International Labor Standards

The paper investigates the norms of laws on trade unions of the states of the Eurasian Economic Union, with respect to international labor standards, in the context of the problems of freedom of association in a comparative legal aspect. In this regard, trade union monopolies (Belarus, Kazakhstan, Kyrgyzstan) are challenging the provision of the independence of trade unions in a number of countries of the Eurasian Economic Union. The paper concludes that there is a significant inconsistency, in particular, Art. 11-15 of the Law of the Republic of Kazakhstan No. 211-V "On Trade Unions" and Art. 7-12 of a new Law (draft) of the Kyrgyz Republic "On Trade Unions" to the principles of Art. 2 and 11 of the ILO Convention No. 87. The paper examines the trends associated with the expansion of some trade union rights in terms of their relationship with civil rights and freedoms and international labor standards. On this basis, it is concluded that in international legal acts, trade union rights are considered as a complex legal institution containing norms related to civil and political rights, to economic, social and cultural rights.

Improving the Legal Framework for Social Partnership in the Eurasian Economic Union States under International Labor Standards

In the paper, the author examines the legal mechanism of social partnership in the States of the Eurasian Economic Union for compliance with international labor standards. The status of ratification of the ILO conventions in the field of social partnership in the EAEU Member States is defined, and a brief description of international standards in the exercise of the right to freedom of association, the institution of employee representation, and the implementation of forms of social partnership is given. The author concludes that some approaches to the legislative regulation of collective labor relations differ from international standards, and in some cases contradict them. Based on the analysis of labor legislation, gaps and conflicts in the regulation of collective bargaining procedures, mutual consultations and exchange of information, as well as ensuring the right to freedom of association and representation of employees in social partnership are identified. There is no uniformity in the definition and regulation of forms of social partnership in the EAEU States. The legislation of the EAEU States is characterized by heterogeneous conditions for conducting consultations: in some countries, this form of social partnership is implemented through the mechanism of coordination of important decisions and acts of the employer (Belarus, Kyrgyzstan) with employees’ representatives, in others through the mechanism of taking into account the opinion of the representative body of employees (Kazakhstan, Russia). In Armenia, the labor legislation does not provide for a counselling mechanism. The national legislation of a number of States contains rules that violate the right to freedom of association. The Committee of experts on the application of ILO conventions and recommendations has repeatedly noted this in its reports and recommendations. The author formulates recommendations for improving the legal framework of social partnership in the EAEU States in order to implement international obligations. In particular, it is recommended that the legislation of the EAEU States provide for a more systematic and clear mechanism for regular exchange of information between employees and the employer and their representatives as an independent form of social partnership.