Pre-Trial Procedure for Resolution of Individual Labour Disputes

Yemelyanov D. V. Pre-Trial Procedure for Resolution of Individual Labor Disputes This graduate paper is aimed at analyzing the problems of the modern pre-trial settlement of labor disputes, consideration of the potential of a Labor disputes commission (LDC) and also in the studying of the nature and characteristics of the mediation. The main objectives of the paper are: 1)study and identify the peculiarities of individual labor disputes; 2) review of existing positions and the analysis of the viewpoints in the framework of the procedure for the resolution of individual labor disputes; 3) study and analysis of the status of the LDC;4) establish the characteristics of resolution of individual labor disputes out of court (mediation). Based on the research the following conclusions were made: firstly, it is necessary to consider individual labor dispute as a disagreement between the employee and employer, and between a person who is closely associated with labor relations and the employer on the application of labor legislation and other normative legal acts containing norms of labor law, collective agreement, agreements, local normative act, labor contract (including establishing individual labor conditions),which are adopted by the LDC; secondly, it is necessary to consolidate the position of part 2 of article 352 of the Labor Code of the Russian Federation the protection of labor rights and legitimate interests of workers in the LDC as the main method of settlement of an individual labor dispute in the pre-trial order; thirdly, mediation along with a way of dispute settlement is a means of preventing the emergence of conflicts, but in the labor relations of the Russian Federation it is ineffective. Academic Supervisor: Karpenko Olga Ivanovna, S.J.C. (National Research University “The Higher School of Economics”), Department of labor law and social security law Faculty of Law, National Research University “The Higher School of Economics”