Procedures for Applying to the Court for Consideration of a Labor Dispute

Abstract

The procedure for exercising the right to judicial protection in the event of a labor dispute is being investigated. The position of a number of scientists is noted about the lack of legal regulation of the consideration of labor disputes of the Civil Code of the Russian Federation. Proposals of supporters of the adoption of the Labor Procedure Code of the Russian Federation (TPK of the Russian Federation) are analyzed taking into account the peculiarities of labor disputes and their participants. There are arguments about harmonious regulation of the consideration of labor disputes by civil procedure law. It is justified that the introduction of the TPK of the Russian Federation, containing duplicate rules of the TPK of the Russian Federation and the TC of the Russian Federation, is impractical, including due to violation of the principle of procedural economy. At the same time, it is proposed to supplement the Civil Code of the Russian Federation with a chapter on the consideration of labor disputes and the norm on the institution of mandatory representation of workers. In addition, the article considers procedures for applying to the court for consideration of a labor dispute as forms of procedural actions aimed at initiating a civil case and including the procedure and time frame for such actions. These procedures are analyzed from the point of view of the forms of realization of the right. On the basis of an analysis of judicial practice, it is concluded that an extensive interpretation of the forms of proceedings is unacceptable in order to avoid a violation of the constitutional and international law right to judicial protection.