PONIŠTAJ ARBITRAŽNE ODLUKE DONETE OD STRANE AGENCIJE ZA MIRNO REŠAVANjE RADNIH SPOROVA

Word of the dispute is primarily associated with the intervention of the court. This is a traditional way of resolving labor disputes. The tendency in the world is to get as many of these disputes resolved peacefully, fast and fair manner at low cost. Avoiding court decision increases the chance of finding a favorable solution to the two opposing sides. The content of an arbitration agreement is of great importance to the parties in the arbitration proceedings. An arbitration agreement express the contractual freedom of the parties and list of facultative elements of an arbitration. Main benefits from peaceful solving labor disputes are expediency and cheap costs of the arbitration process. The arbitratior represents quasi – judicial instance and him may be wrong in his decision. The decision process is single and there is no possibility of appeal. This option would slow down the process of resolving issues. But, it can not be situation that would not be any way to void the wrong decision of the arbitratior. It could be chance to avoid this situation. Exactly because of that case, it must be provided for the possibility of annulment decision from peaceful settlment labor disputes agency. Reasons for cancellation must be a procedural character. Courts should not enter into the merits because it would further slow the troubleshooting. This would replicate the slowness of the trial in arbitration deciding. This length of proceedings before the courts is contary to the idea of arbitration as a quick, cheap, efficient and above all peacefull methods of resolving labor disputes. Court in relation to arbitration should have only a supervisory function. Blending the merits of arbitartion decisions would be deprived of independence and efficiency.

Application of civil law in the regulation of labour relations

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.

MEDIEREA – SOLUȚIA CONFLICTELOR COLECTIVE DE MUNCĂ

In this article, the author explains that the basic rules of mediating collective labor disputes are decided by the parties together, for this it is necessary that they be honest and have a constructive attitude. These rules can refer to the duration of the mediation session, to the language used during the mediation sessions, to the abstention from accusations and accusations, to the request not to issue judgments, to the provision of the information necessary for the mediation, etc. In turn, the mediator usually includes other basic rules, such as: the rule of orientation of the parties' perspectives towards the future - in compliance with this rule the parties will talk about how they want to be treated in the future, and not about how they were treated in the future. last. This aspect maintains a positive focus of the parties on resolving the conflict, avoiding increasing tensions.

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

ԱՇԽԱՏԱՆՔԱՅԻՆ ՎԵՃԵՐԻ ՔՆՆՈՒԹՅԱՆ ԵՎ ԼՈՒԾՄԱՆ ԴԱՏԱՎԱՐԱԿԱՆ ՊՐԱԿՏԻԿԱՆ / PROCEDURAL PRACTICE OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES

Սույն հոդվածի ուսումնասիրության առարկան հանդիսանում է աշխատանքային վեճերի քննության և լուծման դատավարական պրակտիկան: Վերջինիս վերաբերյալ իրավաբանական գրականությունում առկա տեսագործնական պատկերացումները ներկայացվել և քննարկվել են ինչպես ոլորտը կարգավորող ներպետական օրենսդրության, այնպես էլ օտարերկրյա փորձի տեսանկյունից: Վերլուծության է ենթարկվել նաև Մարդու իրավունքների եվրոպական դատարանի իրավակիրառ պրակտիկան, որի շրջանակներում փորձ է կատարվել բացահայտելու Եվրոպական դատարանի՝ աշխատանքային վեճեր լուծելու իրավասության հարցը: / The subject of this article is the procedural practice of consideration and resolution of labor disputes. In the legal literature, theoretical and practical ideas about the latter were presented and discussed both from the point of view of domestic legislation regulating the sphere, and from the point of view of foreign experience. The law enforcement practice of the European Court of Human Rights was also analyzed, in which an attempt was made to disclose the issue of the jurisdiction of the European Court for the settlement of labor disputes.

Legal custom as a multilevel instrument of legal regulation of labor in the Russian Federation and the EU

The article examines some of the issues of recognizing legal custom as a source of labor law from the point of view of the current Russian legal regulation, foreign experience and at the EU level. The practice of jurisdictional bodies in the application of legal customs as sources of labor law in the resolution of labor disputes is taken into account and evaluated. The author proposes the qualification of legal custom in the field of labor law through a set of features. The article also considers for the first time the phenomenon of legal custom as a source of labor law at the supranational level (EU level).

CONSIDERATION OF LABOR DISPUTES BY COURTSIN THE UZBEK SSR (Example of the decree of 26.06.1940 years)

Using the example of the Uzbek SSR, this article reveals the process of militarization of enterprises and institutions on the eve of the attack of Fascist Germany on the Soviet Union, restrictions on the constitutional right of citizens to freely choose a profession and work, cruel exploitation of the population and the use of tens of thousands of prisoners aslabor by the despotic Soviet regime. The article also highlights the emergence of judges as victims of repression, the strengthening of party and state control over the judicial system based on archival sources.Index Terms:People's Commissariat of Justice, Supreme Court of the Uzbek SSR, people's Court, judge, investigation, sentence, prison, correctional labor, fine, working week, labor discipline, prisoner, military enterprises, decree

Solution of Labor Disputes Related to Illegal Dismissal of Employees: Problems and Statistics

The problem of illegal dismissal of employees remains relevant. The increase in the number of employees infected with coronavirus and the introduction of restrictions for enterprises and organizations brings this problem to a new level. The authors describe the main problems associated with the illegal dismissal of employees. Statistical data on illegal dismissal in the country are provided.